[Congressional Record Volume 168, Number 123 (Monday, July 25, 2022)]
[Senate]
[Pages S3644-S3645]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5162. Mr. LEE submitted an amendment intended to be proposed by
him to the bill H.R. 4346, making appropriations for Legislative Branch
for the fiscal year ending September 30, 2022, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. REGULATORY OVERSIGHT AND REVIEW TASK FORCE.
(a) Establishment.--There is established a task force to be
known as the ``Regulatory Oversight and Review Task Force''
(referred to in this section as the ``Task Force'').
(b) Membership.--
(1) In general.--The Task Force shall be composed of--
(A) the Director of the Office of Management and Budget,
who shall serve as the Chairperson of the Task Force and
shall be a non-voting, ex officio member of the Task Force;
(B) 1 representative of the Office of Information and
Regulatory Affairs, who shall be a non-voting, ex officio
member of the Task Force; and
(C) 16 individuals from the private sector, of whom--
(i) 4 shall be appointed by the majority leader of the
Senate;
(ii) 4 shall be appointed by the minority leader of the
Senate;
(iii) 4 shall be appointed by the Speaker of the House of
Representatives; and
(iv) 4 shall be appointed by the minority leader of the
House of Representatives.
(2) Qualifications of private sector members.--
(A) Expertise.--Each member of the Task Force appointed
under paragraph (1)(C) shall be an individual with expertise
in Federal regulatory policy, Federal regulatory compliance,
economics, law, or business management.
(B) Small business concerns.--Not fewer than 2 of the
members of the Task Force appointed under each clause of
paragraph (1)(C) shall be representatives of a small business
concern, as defined in section 3 of the Small Business Act
(15 U.S.C. 632).
(C) Political affiliation.--Not more than 2 of the members
of the Task Force appointed under each clause of paragraph
(1)(C) may be affiliated with the same political party.
(c) Consultation With GAO.--In carrying out its functions
under this section, the Task Force shall consult with the
Government Accountability Office.
(d) No Compensation.--A member of the Task Force may not
receive any compensation for serving on the Task Force.
(e) Staff.--
(1) Designation of existing staff.--The Director of the
Office of Management and Budget may designate employees of
the Office of Management and Budget, including employees of
the Office of Information and Regulatory Affairs, as
necessary to help the Task Force carry out its duties under
this section.
(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to authorize the provision of any additional
compensation to an employee designated under that paragraph.
(f) Evaluation of Regulations and Guidance.--The Task Force
shall evaluate, and provide recommendations for modification,
consolidation, harmonization, or repeal of, Federal
regulations or guidance that--
(1) exclude or otherwise inhibit competition, causing
industries of the United States to be less competitive with
global competitors;
(2) create barriers to entry for United States businesses,
including entrepreneurs and startups;
(3) increase the operating costs for domestic
manufacturing;
(4) impose substantial compliance costs and other burdens
on industries of the United States, making those industries
less competitive with global competitors;
(5) impose burdensome and lengthy permitting processes and
requirements;
(6) impact energy production by United States businesses
and make the United States dependent on foreign countries for
energy supply;
(7) restrict domestic mining, including the mining of
critical minerals; or
(8) inhibit capital formation in the economy of the United
States.
(g) Website.--The Task Force shall establish and maintain a
user-friendly, public-facing website to be--
(1) a portal for the submission of written comments under
subsection (i); and
(2) a gateway for reports and key information.
(h) Duty of Federal Agencies.--Upon request of the Task
Force, a Federal agency shall provide applicable documents
and information to help the Task Force carry out its
functions under this section.
(i) Written Recommendations.--
(1) In general.-- Not later than 15 days after the first
meeting of the Task Force, the Task Force shall initiate a
process to solicit and collect written recommendations
regarding regulations or guidance described in subsection (f)
from the general public, interested parties, Federal
agencies, and other relevant entities.
(2) Manner of submission.--The Task Force shall allow
written recommendations under paragraph (1) to be submitted
through--
(A) the website of the Task Force;
(B) regulations.gov;
(C) the mail; or
(D) other appropriate written means.
(3) Publication.--The Task Force shall publish each
recommendation submitted under paragraph (1)--
(A) in the Federal Register;
(B) on the website of the Task Force; and
(C) on regulations.gov.
(4) Public outreach.--In addition to soliciting and
collecting written recommendations under paragraph (1), the
Task Force shall conduct public outreach and convene focus
groups in geographically diverse areas throughout the United
States to solicit feedback and public comments regarding
regulations or guidance described in subsection (f).
(5) Review and consideration.--The Task Force shall review
the information received under paragraphs (1) and (4) and
consider including that information in the reports and
special message required under subsections (j) and (k),
respectively.
(j) Reports.--
(1) In general.--The Task Force shall submit quarterly and
annual reports to Congress on the findings of the Task Force
under this section.
(2) Contents.--Each report submitted under paragraph (1)
shall--
(A) analyze the Federal regulations or guidance identified
in accordance with subsection (f); and
(B) provide recommendations for modifications,
consolidation, harmonization, and repeal of the regulations
or guidance described in subparagraph (A) of this paragraph.
(3) Majority vote required.--The Task Force may only
include a finding or recommendation in a report submitted
under paragraph (1) if a majority of the members of the Task
Force have approved the finding or recommendation.
(k) Special Message to Congress.--
(1) Definition.--In this subsection, the term ``covered
resolution'' means a joint resolution--
(A) the matter after the resolving clause of which contains
only--
(i) a list of some or all of the regulations or guidance
that were recommended for repeal in a special message
submitted to Congress under paragraph (2); and
(ii) a provision that immediately repeals the listed
regulations or guidance upon enactment of the joint
resolution; and
(B) upon which Congress completes action before the end of
the first period of 60 calendar days after the date on which
the special message described in subparagraph (A)(i) of this
paragraph is received by Congress.
(2) Submission.--
(A) In general.--Not later than the first day on which both
Houses of Congress are in session after May 1 of each year,
the Director of the Office of Management and Budget shall
submit to Congress, on behalf of the Task Force, a special
message that--
(i) details each regulation or guidance document that the
Task Force recommends for repeal; and
(ii) explains why each regulation or guidance document
should be repealed.
(B) Delivery to house and senate; printing.--Each special
message submitted under subparagraph (A) shall be--
[[Page S3645]]
(i) delivered to the Clerk of the House of Representatives
and the Secretary of the Senate; and
(ii) printed in the Congressional Record.
(3) Procedure in house and senate.--
(A) Referral.--A covered resolution shall be referred to
the appropriate committee of the House of Representatives or
the Senate, as the case may be.
(B) Discharge of committee.--If the committee to which a
covered resolution has been referred has not reported the
resolution at the end of 25 calendar days after the
introduction of the resolution--
(i) the committee shall be discharged from further
consideration of the resolution; and
(ii) the resolution shall be placed on the appropriate
calendar.
(4) Floor consideration in the house.--
(A) Motion to proceed.--
(i) In general.--When the committee of the House of
Representatives has reported, or has been discharged from
further consideration of, a covered resolution, it shall at
any time thereafter be in order (even though a previous
motion to the same effect has been disagreed to) to move to
proceed to the consideration of the resolution.
(ii) Privilege.--A motion described in clause (i) shall be
highly privileged and not debatable.
(iii) No amendment or motion to reconsider.--An amendment
to a motion described in clause (i) shall not be in order,
nor shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
(B) Debate.--
(i) In general.--Debate in the House of Representatives on
a covered resolution shall be limited to not more than 2
hours, which shall be divided equally between those favoring
and those opposing the resolution.
(ii) No motion to reconsider.--It shall not be in order in
the House of Representatives to move to reconsider the vote
by which a covered resolution is agreed to or disagreed to.
(C) No motion to postpone consideration or proceed to
consideration of other business.--In the House of
Representatives, motions to postpone, made with respect to
the consideration of a covered resolution, and motions to
proceed to the consideration of other business, shall not be
in order.
(D) Appeals from decisions of chair.--An appeal from the
decision of the Chair relating to the application of the
Rules of the House of Representatives to the procedure
relating to a covered resolution shall be decided without
debate.
(5) Floor consideration in the senate.--
(A) Motion to proceed.--
(i) In general.--Notwithstanding Rule XXII of the Standing
Rules of the Senate, when the committee of the Senate to
which a covered resolution is referred has reported, or has
been discharged from further consideration of, a covered
resolution, it shall at any time thereafter be in order (even
though a previous motion to the same effect has been
disagreed to) to move to proceed to the consideration of the
resolution and all points of order against the covered
resolution are waived.
(ii) Division of time.--A motion to proceed described in
clause (i) is subject to 4 hours of debate divided equally
between those favoring and those opposing the covered
resolution.
(iii) No amendment or motion to postpone or proceed to
other business.--A motion to proceed described in clause (i)
is not subject to--
(I) amendment;
(II) a motion to postpone; or
(III) a motion to proceed to the consideration of other
business.
(B) Floor consideration.--
(i) General.--In the Senate, a covered resolution shall be
subject to 10 hours of debate divided equally between those
favoring and those opposing the covered resolution.
(ii) Amendments.--In the Senate, no amendment to a covered
resolution shall be in order, except an amendment that
strikes from or adds to the list required under paragraph
(1)(A)(i) a regulation or guidance document recommended for
repeal by the Task Force.
(iii) Motions and appeals.--In the Senate, a motion to
reconsider a vote on final passage of a covered resolution
shall not be in order, and points of order, including
questions of relevancy, and appeals from the decision of the
Presiding Officer, shall be decided without debate.
(6) Receipt of resolution from other house.--If, before
passing a covered resolution, one House receives from the
other a covered resolution--
(A) the covered resolution of the other House shall not be
referred to a committee and shall be deemed to have been
discharged from committee on the day on which it is received;
and
(B) the procedures set forth in paragraph (4) or (5), as
applicable, shall apply in the receiving House to the covered
resolution received from the other House to the same extent
as those procedures apply to a covered resolution of the
receiving House.
(7) Rules of the house of representatives and the senate.--
Paragraphs (3) through (6) and this paragraph are enacted by
Congress--
(A) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such are
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedures to be followed
in the House in the case of covered resolutions, and
supersede other rules only to the extent that they are
inconsistent with such other rules; and
(B) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
(l) Funding.--
(1) No additional amounts authorized.--No additional
amounts are authorized to be appropriated to carry out this
section.
(2) Other funding.--The Task Force shall use amounts
otherwise available to the Office of Management and Budget to
carry out this section.
______