[Congressional Record Volume 167, Number 87 (Wednesday, May 19, 2021)]
[Senate]
[Pages S3114-S3116]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1585. Mr. JOHNSON submitted an amendment intended to be proposed 
by him to the bill S. 1260, to establish a new Directorate for 
Technology and Innovation in the National Science Foundation, to 
establish a regional technology hub program, to require a strategy and 
report on economic security, science, research, innovation, 
manufacturing, and job creation, to establish a critical supply chain 
resiliency program, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REGULATORY IMPROVEMENT COMMISSION.

       (a) Short Title.--This section may be cited as the 
     ``Regulatory Improvement Act of 2021''
       (b) Definitions.--In this section--
       (1) the term ``Commission'' means the Regulatory 
     Improvement Commission established under subsection (c);
       (2) the term ``commission bill'' means a bill consisting of 
     the proposed legislative language of the Commission 
     recommended under subsection (d)(8)(B)(iii) and introduced 
     under subsecton (d)(9)(A);
       (3) the term ``covered regulation'' means a regulation that 
     has been in effect for not less than 10 years before the date 
     on which the Commission is established;
       (4) the term ``regulation'' means a rule, as defined in 
     section 551 of title 5, United States Code; and
       (5) the term ``regulatory agency'' means an agency, as 
     defined in section 3502 of title 44, United States Code, that 
     has the authority to issue a regulation.
       (c) Establishment of Commission.--
       (1) Establishment.--There is established in the legislative 
     branch a commission to be known as the ``Regulatory 
     Improvement Commission''.
       (2) Membership.--
       (A) Composition.--The Commission shall be composed of 9 
     members, of whom--
       (i) 1 member shall be appointed by the President, and shall 
     serve as the Chairperson of the Commission;
       (ii) 2 members shall be appointed by the majority leader of 
     the Senate;
       (iii) 2 members shall be appointed by the minority leader 
     of the Senate;
       (iv) 2 members shall be appointed by the Speaker of the 
     House of Representatives; and
       (v) 2 members shall be appointed by the minority leader of 
     the House of Representatives.
       (B) Date.--The appointment of the members of the Commission 
     shall be made not later than 60 days after the date of 
     enactment of this Act.
       (C) Qualifications.--Members appointed to the Commission 
     shall be prominent citizens of the United States with 
     national recognition and a significant depth of experience 
     and responsibilities in matters relating to government 
     service, regulatory policy, economics, Federal agency 
     management, public administration, and law. Members may 
     include past Administrators of the Office of Information and 
     Regulatory Affairs, past chairs of the Administrative 
     Conference of the United States, and other individuals with 
     expertise and experience in rulemaking affairs and the 
     administration of regulatory reviews.
       (D) Limitation.--Not more than 5 members appointed to the 
     Commission may be from the same political party.
       (3) Period of appointment; vacancies.--Members shall be 
     appointed for the life of the Commission. Any vacancy in the 
     Commission shall not affect its powers, but shall be filled 
     in the same manner as the original appointment.
       (4) Initial meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold its first meeting.
       (5) Meetings.--The Commission shall meet at the call of the 
     Chair.
       (6) Open to the public.--Each meeting of the Commission 
     shall be open to the public, unless a member objects.
       (7) Quorum.--Five members of the Commission shall 
     constitute a quorum, but a lesser number of members may hold 
     hearings.
       (8) Nonapplicability of the federal advisory committee 
     act.--The Federal Advisory Committee Act (5 U.S.C. App.) 
     shall not apply to the Commission.
       (d) Duties of the Commission.--
       (1) Purpose.--The purpose of the Commission is to evaluate 
     and provide recommendations for modification, consolidation, 
     or repeal of covered regulations with the aim of reducing 
     compliance costs, encouraging growth and innovation, and 
     improving competitiveness, all while--
       (A) protecting public health and safety; and
       (B) giving full consideration to--
       (i) the benefits and the costs of regulation to society; 
     and
       (ii) the appropriate role of regulation within and costs 
     associated with regulation to society.
       (2) Requirements.--In carrying out paragraph (1), the 
     Commission shall--
       (A) give priority in its analysis of covered regulations to 
     those that--
       (i) impose disproportionately high costs on a small entity 
     (as defined in section 601 of title 5, United States Code);
       (ii) create substantial recurring paperwork burdens or 
     transaction costs; or
       (iii) could be strengthened in their effectiveness while 
     reducing regulatory costs;
       (B) solicit and review comments from the public on the 
     covered regulations described in this section; and
       (C) develop a set of covered regulations to modify, 
     consolidate, or repeal to be submitted to Congress for 
     expedited consideration in accordance with paragraph (9).
       (3) Public comments.--
       (A) In general.--Not later than 60 days after the date of 
     the initial meeting of the Commission, the Commission shall 
     initiate a process to solicit and collect written 
     recommendations from the general public, interested parties, 
     Federal agencies, and other relevant entities regarding which 
     covered regulations should be examined.
       (B) Submission of public comments.--The Commission shall 
     ensure that the process initiated under subparagraph (A) 
     allows for recommendations to be submitted to the Commission 
     through the website of the Commission or by mail.
       (C) Length of public comment period.--The period for the 
     submission of recommendations under this subsection shall end 
     120 days after the date on which the process is initiated 
     under subparagraph (A).
       (D) Publication.--At the end of the period for the 
     submission of recommendations under this paragraph, all 
     submitted recommendations shall be published on the website 
     of the Commission and summarized in the Federal Register.
       (4) Commission outreach.--
       (A) In general.--During the public comment period described 
     in paragraph (3), the

[[Page S3115]]

     Commission shall conduct public outreach and convene focus 
     groups to better inform the Commissioners of the public's 
     interest and possible contributions to the work of the 
     Commission.
       (B) Focus groups.--The focus groups required under 
     subparagraph (A) shall include individuals affiliated with 
     the Office of Information and Regulatory Affairs, the 
     Administrative Conference of the United States, the offices 
     within Federal agencies responsible for small business 
     affairs and regulatory compliance, non-governmental 
     organizations, trade associations, and, at the discretion of 
     the Commission, other relevant stakeholders from within or 
     outside the regulated entities.
       (5) Commission review of public comments.--Not later than 
     45 days after the date on which the period for the submission 
     of recommendations ends under paragraph (3), the Commission 
     shall convene to review submitted recommendations and to 
     identify covered regulations to modify, consolidate, or 
     eliminate.
       (6) Examination of regulations.--
       (A) Process for examination.--In examining covered 
     regulations under this section, the Commission shall 
     determine the effectiveness of individual covered 
     regulations, by using multiple resources, including 
     quantitative metrics, testimony from industry and agency 
     experts, and research from the staff of the Commission.
       (B) Deadline.--Not later than 1 year after the date on 
     which the Commission convenes under subsection (c)(4), the 
     Commission shall complete a substantial examination of 
     covered regulations.
       (7) Initial report.--
       (A) In general.--Not later than 1 year after the date on 
     which the Commission convenes under subsection (c)(4), the 
     Commission shall publish, and make available to the public 
     for comment, a report, which shall include--
       (i) the findings and conclusions of the Commission for the 
     improvement of covered regulations examined by the 
     Commission; and
       (ii) a list of recommendations for changes to the covered 
     regulations examined by the Commission, which may include 
     recommendations for modification, consolidation, or repeal of 
     such covered regulations.
       (B) Requirement.--The report required under subparagraph 
     (A) shall be approved by not fewer than 5 members of the 
     Commission.
       (C) Availability of report.--The Commission shall make the 
     report required under subparagraph (A) available through the 
     website of the Commission and in printed form.
       (D) Public comment period.--During the 90-day period 
     beginning on the date on which the report required under 
     subparagraph (A) is published, the Commission shall--
       (i) solicit comments from the public on such report, using 
     the same process established under paragraph (3); and
       (ii) publish any comments received under clause (i) on the 
     website of the Commission and summarize them in the Federal 
     Register.
       (E) Consultation.--
       (i) In general.--Not later than 90 days after the date on 
     which the report required under subparagraph (A) is 
     published, the Commission shall complete a consultation with 
     the chairman and ranking member of the committees of 
     jurisdiction in the House of Representatives and Senate 
     regarding the contents of the report.
       (ii) Requirements.--The consultation required under clause 
     (i) shall provide--

       (I) the opportunity for the chairman and ranking member of 
     the committees of jurisdiction to provide substantive 
     feedback or recommendations related to the regulatory changes 
     contained in the report required under subparagraph (A); and
       (II) the opportunity for the chairman and ranking member of 
     the committees of jurisdiction to provide recommendations for 
     alternative means of achieving the same or greater reductions 
     in regulatory costs while maintaining the same level of 
     benefits to society.

       (8) Report to congress.--
       (A) In general.--Not later than 90 days after the date on 
     which the 90-day period described in paragraph (7)(D) ends, 
     the Commission shall--
       (i) review any comments received under paragraph (7)(D);
       (ii) incorporate any relevant comments received under 
     paragraph (7)(D) into the report required under paragraph 
     (7)(A); and
       (iii) submit the revised report to Congress.
       (B) Contents.--The revised report required to be submitted 
     to Congress under subparagraph (A) shall include--
       (i) the findings and conclusions of the Commission for the 
     improvement of covered regulations examined by the 
     Commission;
       (ii) a list of recommendations for changes to the covered 
     regulations examined by the Commission, which may include 
     recommendations for modification, consolidation, or repeal of 
     such covered regulations; and
       (iii) recommended legislative language to implement the 
     recommendations in clause (ii).
       (9) Congressional consideration of commission report.--
       (A) Introduction.--If approved by 5 members of the 
     Commission, as required under paragraph (7)(B), the 
     commission bill shall be introduced in the Senate (by 
     request) on the next day on which the Senate is in session by 
     the majority leader of the Senate or by a Member of the 
     Senate designated by the majority leader of the Senate and 
     shall be introduced in the House of Representatives (by 
     request) on the next legislative day by the majority leader 
     of the House or by a Member of the House designated by the 
     majority leader of the House.
       (B) Consideration in the house of representatives.--
       (i) Referral and reporting.--Any committee of the House of 
     Representatives to which the commission bill is referred 
     shall report it to the House without amendment not later than 
     30 days after the date on which the commission bill is 
     introduced under subparagraph (A). If a committee fails to 
     report the commission bill within that period, it shall be in 
     order to move that the House discharge the committee from 
     further consideration of the commission bill. Such a motion 
     shall not be in order after the last committee authorized to 
     consider the commission bill reports it to the House or after 
     the House has disposed of a motion to discharge the 
     commission bill. The previous question shall be considered as 
     ordered on the motion to its adoption without intervening 
     motion except 3 hours of debate equally divided and 
     controlled by the proponent and an opponent. If such a motion 
     is adopted, the House shall proceed immediately to consider 
     the commission bill in accordance with clauses (ii) and 
     (iii). A motion to reconsider the vote by which the motion is 
     disposed of shall not be in order.
       (ii) Proceeding to consideration.--After the last committee 
     authorized to consider the commission bill reports it to the 
     House or has been discharged (other than by motion) from its 
     consideration, it shall be in order to move to proceed to 
     consider the commission bill in the House. Such a motion 
     shall not be in order after the House has disposed of a 
     motion to proceed with respect to the commission bill. The 
     previous question shall be considered as ordered on the 
     motion to its adoption without intervening motion. A motion 
     to reconsider the vote by which the motion is disposed of 
     shall not be in order.
       (iii) Consideration.--The commission bill shall be 
     considered as read. All points of order against the 
     commission bill and against its consideration are waived. The 
     previous question shall be considered as ordered on the 
     commission bill to its passage without intervening motion 
     except 10 hours of debate equally divided and controlled by 
     the proponent and an opponent and one motion to limit debate 
     on the commission bill. A motion to reconsider the vote on 
     passage of the commission bill shall not be in order.
       (iv) Vote on passage.--The vote on passage of the 
     commission bill shall occur not later than 60 days after the 
     date on which the commission bill is discharged from the last 
     committee authorized to consider the commission bill.
       (C) Consideration in the senate.--
       (i) Committee consideration.--A commission bill introduced 
     in the Senate under subparagraph (A) shall be jointly 
     referred to the committee or committees of jurisdiction, 
     which committees shall report the bill without any revision 
     and with a favorable recommendation, an unfavorable 
     recommendation, or without recommendation, not later than 30 
     days after the date on which the commission bill is 
     introduced. If any committee fails to report the bill within 
     that period, that committee shall be automatically discharged 
     from consideration of the bill, and the bill shall be placed 
     on the appropriate calendar.
       (ii) Motion to proceed.--Notwithstanding Rule XXII of the 
     Standing Rules of the Senate, it is in order, not later than 
     2 days of session after the date on which a commission bill 
     is reported or discharged from all committees to which it was 
     referred, for the majority leader of the Senate or the 
     majority leader's designee to move to proceed to the 
     consideration of the commission bill. It shall also be in 
     order for any Member of the Senate to move to proceed to the 
     consideration of the commission bill at any time after the 
     conclusion of such 2-day period. A motion to proceed is in 
     order even though a previous motion to the same effect has 
     been disagreed to. All points of order against the motion to 
     proceed to the commission bill are waived. The motion to 
     proceed is not debatable. The motion is not subject to a 
     motion to postpone. A motion to reconsider the vote by which 
     the motion is agreed to or disagreed to shall not be in 
     order. If a motion to proceed to the consideration of the 
     commission bill is agreed to, the commission bill shall 
     remain the unfinished business until disposed of.
       (D) Consideration.--An amendment to the commission bill or 
     a motion to postpone, a motion to proceed to the 
     consideration of other business, or a motion to recommit the 
     commission bill, shall not be in order in the Senate or the 
     House of Representatives.
       (E) Consideration by the other house.--
       (i) In general.--If, before passing the commission bill, 
     one House receives from the other a commission bill--

       (I) the commission bill of the other House shall not be 
     referred to a committee; and
       (II) the procedure in the receiving House shall be the same 
     as if no commission bill had been received from the other 
     House until the vote on passage, when the commission bill 
     received from the other House shall supplant the commission 
     bill of the receiving House.

       (ii) Revenue measure.--This subparagraph shall not apply to 
     the House of Representatives if the commission bill received 
     from the Senate is a revenue measure.

[[Page S3116]]

       (F) Rules to coordinate action with other house.--
       (i) Treatment of commission bill of other house.--If the 
     Senate fails to introduce or consider a commission bill under 
     this section, the commission bill of the House of 
     Representatives shall be entitled to expedited floor 
     procedures under this section.
       (ii) Treatment of companion measures in the senate.--If 
     following passage of the commission bill in the Senate, the 
     Senate then receives the commission bill from the House of 
     Representatives, the House-passed commission bill shall be 
     entitled to the consideration procedures described in 
     subparagraph (C).
       (iii) Vetoes.--If the President vetoes the commission bill, 
     debate on a veto message in the Senate under this section 
     shall be 1 hour equally divided between the majority and 
     minority leaders or their designees.
       (10) Notice to regulatory agencies.--
       (A) Enactment of commission bill.--If the commission bill 
     is enacted into law, the President shall--
       (i) not later than 7 days after the date on which the 
     commission bill is enacted into law--

       (I) provide notice to the affected regulatory agencies; and
       (II) publish notice of enactment in the Federal Register 
     and online;

       (ii) require affected regulatory agencies to implement the 
     commission bill not later than 180 days after the date on 
     which the commission bill is enacted into law.
       (B) Failure to enact commission bill.--If the commission 
     bill is not enacted into law, the President shall provide 
     notice of such failure to enact the commission bill in the 
     Federal Register.
       (11) Adjournment of congress.--If the commission bill is 
     introduced less than 60 session days or 60 legislative days 
     before the date on which Congress adjourns sine die--
       (A) the commission bill shall be introduced in both Houses 
     on the date on which the succeeding Congress first convenes 
     its next session; and
       (B) paragraph (9) shall apply to the commission bill during 
     the succeeding Congress.
       (e) Powers of the Commission.--
       (1) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out this section.
       (2) Information from federal agencies.--
       (A) In general.--The Commission is authorized to secure 
     directly from any executive department, bureau, agency, 
     board, commission, office, independent establishment, or 
     instrumentality of the Government, information, suggestions, 
     estimates, and statistics for the purpose of this section. 
     Each department, bureau, agency, board, commission, office, 
     independent establishment, or instrumentality shall, to the 
     extent authorized by law, furnish such information, 
     suggestions, estimates, and statistics directly to the 
     Commission, upon request made by the chairman, the chairman 
     of any subcommittee created by the Commission, or any member 
     designated by a majority of the Commission.
       (B) Receipt, handling, storage, and dissemination.--
     Information shall only be received, handled, stored, and 
     disseminated by members of the Commission and its staff 
     consistent with all applicable statutes, regulations, and 
     Executive orders.
       (3) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (4) Space for use of commission.--Not later than 60 days 
     after the date of enactment of this Act, the Administrator of 
     General Services shall support on a reimbursable basis the 
     operations of the Commission, including the identification of 
     suitable space to house the Commission. If the Administrator 
     is not able to make such suitable space available within the 
     60-day period, the Commission shall lease space to the extent 
     that funds are available.
       (1) Compensation of members.--Each member of the Commission 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Commission.
       (2) Travel expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (3) Staff.--
       (A) In general.--The Chair of the Commission may, without 
     regard to the civil service laws and regulations, appoint and 
     terminate an executive director and such other additional 
     personnel as may be necessary to enable the Commission to 
     perform its duties. The employment of an executive director 
     shall be subject to confirmation by the Commission.
       (B) Compensation.--The Chair of the Commission may fix the 
     compensation of the executive director and other personnel 
     without regard to chapter 51 and subchapter III of chapter 53 
     of title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates, except that the 
     rate of pay for the executive director and other personnel 
     may not exceed the rate payable for level V of the Executive 
     Schedule under section 5316 of such title.
       (C) Agency assistance.--Following consultation with and 
     upon the request of the Chair of the Commission, the head of 
     any agency may detail an employee of the agency to the 
     Commission without reimbursement, and such detail shall be 
     without interruption or loss of civil service status or 
     privilege.
       (D) GAO and oira assistance.--The Comptroller General of 
     the United States and the Administrator of the Office of 
     Information and Regulatory Affairs shall provide assistance, 
     including the detailing of employees, to the Commission in 
     accordance with an agreement entered into with the 
     Commission.
       (4) Procurement of temporary and intermittent services.--
     The Chair of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.
       (5) Contracting authority.--The Commission may acquire 
     administrative supplies and equipment for Commission use to 
     the extent funds are available.
       (6) Administrative support.--Upon the request of the 
     Commission, the Administrator of General Services shall 
     provide to the Commission, on a reimbursable basis, the 
     administrative support services necessary for the Commission 
     to carry out its responsibilities under this section.
       (g) Termination of the Commission.--The Commission shall 
     terminate 90 days after the date on which the Commission 
     submits its report under subsection (d).
       (h) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     such sums as may be necessary to the Commission to carry out 
     this section.
       (2) Availability.--Any sums appropriated under the 
     authorization contained in this subsection shall remain 
     available, without fiscal year limitation, until expended.
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