[House Report 114-388]
[From the U.S. Government Publishing Office]


114th Congress   }                                     {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                     {       114-388

======================================================================

 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 712) TO IMPOSE CERTAIN 
 LIMITATIONS ON CONSENT DECREES AND SETTLEMENT AGREEMENTS BY AGENCIES 
THAT REQUIRE THE AGENCIES TO TAKE REGULATORY ACTION IN ACCORDANCE WITH 
     THE TERMS THEREOF, AND FOR OTHER PURPOSES, AND PROVIDING FOR 
CONSIDERATION OF THE BILL (H.R. 1155) TO PROVIDE FOR THE ESTABLISHMENT 
 OF A PROCESS FOR THE REVIEW OF RULES AND SETS OF RULES, AND FOR OTHER 
                                PURPOSES

                                _______
                                

  January 5, 2016.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

         Mr. Collins of Georgia, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 580]

    The Committee on Rules, having had under consideration 
House Resolution 580, by a record vote of 8 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 712, the 
Sunshine for Regulatory Decrees and Settlements Act of 2015, 
under a structured rule. The resolution provides one hour of 
general debate with 40 minutes equally divided and controlled 
by the chair and ranking minority member of the Committee on 
the Judiciary and 20 minutes equally divided and controlled by 
the chair and ranking minority member of the Committee on 
Oversight and Government Reform. The resolution waives all 
points of order against consideration of the bill. The 
resolution makes in order as original text for the purpose of 
amendment an amendment in the nature of a substitute consisting 
of the text of Rules Committee Print 114-37 and provides that 
it shall be considered as read. The resolution waives all 
points of order against that amendment in the nature of a 
substitute. The resolution makes in order only those further 
amendments printed in part A of this report. Each such 
amendment may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the Whole. The 
resolution waives all points of order against the amendments 
printed in part A of this report. The resolution provides one 
motion to recommit with or without instructions.
    Section 2 of the resolution provides for consideration of 
H.R. 1155, the SCRUB Act of 2015, under a structured rule. The 
resolution provides one hour of general debate equally divided 
among and controlled by the chairs and ranking minority members 
of the Committee on the Judiciary and the Committee on 
Oversight and Government Reform. The resolution waives all 
points of order against consideration of the bill. The 
resolution provides that the bill shall be considered as read. 
The resolution waives all points of order against provisions in 
the bill. The resolution makes in order only those amendments 
printed in part B of this report. Each such amendment may be 
offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question in the 
House or in the Committee of the Whole. The resolution waives 
all points of order against the amendments printed in part B of 
this report. The resolution provides one motion to recommit 
with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 712, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    The waiver of all points of order against the amendment in 
the nature of a substitute to H.R. 712 made in order as 
original text includes a waiver of clause 7 of rule XVI, which 
requires that no motion or proposition on a subject different 
from that under consideration shall be admitted under color of 
amendment. However, it is important to note that Rules 
Committee Print 114-37 contains the texts of H.R. 712 and H.R. 
690 as reported by the Committee on the Judiciary, and H.R. 
1759 as reported by the Committees on Oversight and Government 
Reform and the Judiciary; with conforming changes.
    Although the resolution waives all points of order against 
the amendments to H.R. 712 printed in part A of this report, 
the Committee is not aware of any points of order. The waiver 
is prophylactic in nature.
    Although the resolution waives all points of order against 
consideration of H.R. 1155, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in H.R. 1155, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments to H.R. 1155 printed in part B of this report, 
the Committee is not aware of any points of order. The waiver 
is prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 134

    Motion by Ms. Slaughter to report open rules for H.R. 712 
and H.R. 1155. Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Cole........................................  ............  Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Burgess.....................................          Nay   Mr. Polis.........................          Yea
Mr. Stivers.....................................          Nay
Mr. Collins.....................................          Nay
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 135

    Motion by Ms. Foxx to report the rule. Adopted: 8-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Cole........................................  ............  Mr. McGovern......................          Nay
Mr. Woodall.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Burgess.....................................          Yea   Mr. Polis.........................          Nay
Mr. Stivers.....................................          Yea
Mr. Collins.....................................          Yea
Mr. Byrne.......................................          Yea
Mr. Newhouse....................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

     SUMMARY OF THE AMENDMENTS TO H.R. 712 IN PART A MADE IN ORDER

    1. Goodlatte (VA), Chaffetz (UT): MANAGER'S Includes a 
small number of revisions in the nature of technical and 
conforming changes to clarify provisions that state deadlines, 
reformat section nomenclature and headings, and improve 
typography or grammar. (10 minutes)
    2. Johnson, Hank (GA): Inserts an exception for any rule, 
consent decree, or settlement agreement that the Director of 
the Office of Management and Budget determines would result in 
net job creation and whose benefits exceeds its costs. (10 
minutes)
    3. Cummings (MD), Connolly (VA): Strikes section 653 as 
created by Title II of the bill (Requirement for Rules to 
Appear in Agency-Specific Monthly Publications). (10 minutes)
    4. Lynch (MA): Amends Title II of H.R. 712 by requiring 
federal agencies to provide an estimate of the benefits of 
proposed regulations. Would also require the Office of 
Information and Regulatory Affairs to include the total 
benefits of proposed and final agency rules in the annual 
cumulative assessment of agency rule making required by the 
bill. (10 minutes)
    5. Foxx (NC), Messer, Luke (IN): Requires monthly reporting 
of unfunded mandates by agencies to OIRA; requires reporting of 
unfunded mandates imposed in OIRA's annual cumulative 
assessment of agency rule making. (10 minutes)
    6. Jackson Lee (TX): Clarifies that the exception to the 
rule should take effect in the event that there is a threat to 
health or safety or other emergency and not only when such 
threat is imminent. (10 minutes)
    7. Cummings (MD), Connolly (VA): Exempts independent 
establishments from the requirements of Title II of the bill. 
(10 minutes)

     SUMMARY OF THE AMENDMENTS TO H.R. 1155 IN PART B MADE IN ORDER

    1. Foxx (NC), Messer, Luke (IN): Adds consideration of 
unfunded mandates to the Commission's review of rules. (10 
minutes)
    2. Schweikert (AZ): Adds a new subsection (I) under 
101(h)(2) requiring the commission to consider rules that are 
limiting or prohibiting government agencies from adopting 
technology to improve efficiency and effectiveness. (10 
minutes)
    3. Walberg (MI): Directs the Commission to highlight the 
role regulations have on wage stagnation and income inequality 
by examining the negative impact of regulations on wages, 
including wages for minimum wage and part-time workers. (10 
minutes)
    4. Johnson, Hank (GA): Strikes title II of the bill, 
eliminating the legislation's regulatory ``cut-go'' process, 
which requires that agencies eliminate rules identified by the 
Regulatory Retrospective Review Commission prior to issuing a 
new rule. (10 minutes)
    5. Cummings (MD), Connolly (VA): Strikes Title IV of the 
bill (Judicial Review). (10 minutes)
    6. Cummings (MD), Connolly (VA): Exempts independent 
establishments from the requirements of the bill. (10 minutes)
    7. Cicilline (RI): Exempts rules made by the Secretary of 
Veterans Affairs from the additional provisions of the 
legislation. (10 minutes)
    8. DelBene (WA): Creates an exemption from regulatory 
``cut-go'' requirements in the case of an emergency. (10 
minutes)
    9. Jackson Lee (TX): Provides that the term ``rule'' has 
the meaning given in section 551 of title 5, United States 
Code, except for a special rule as made by the Secretary of 
Homeland Security. (10 minutes)
    10. Pocan (WI): Exempts from the bill rules put forth by 
the FDA for the purposes of consumer safety. (10 minutes)
    11. Murphy, Patrick (FL), Carney (DE), Peters, Scott (CA): 
SUBSTITUTE Establishes an independent advisory committee to 
review certain regulations, and for other purposes. (10 
minutes)

          PART A--TEXT OF AMENDMENTS TO H.R 712 MADE IN ORDER

 1. An Amendment To Be Offered by Representative Goodlatte of Virginia 
               or His Designee, Debatable for 10 Minutes

  Page 16, line 5, strike the comma after ``chapter 6''.
  Page 16, after line 10, strike the table of sections for 
chapter 6A of title 5, United States Code, as inserted by 
section 202(a) of the bill, and insert the following:
``651. Agency monthly submission to Office of Information and Regulatory 
          Affairs.
``652. Office of Information and Regulatory Affairs publications.
``653. Requirement for rules to appear in agency-specific monthly 
          publication.
``654. Definitions.
  Page 16, line 11, strike ``sec. 651. agency monthly 
submission to office of information and regulatory affairs.'' 
and insert ``Sec.  651. Agency monthly submission to Office of 
Information and Regulatory Affairs''.
  Page 16, line 19, strike ``following year'' and insert ``12-
month period following the month covered by the monthly 
submission''.
  Page 17, line 19, strike ``for which'' and insert ``that''.
  Page 17, line 20, strike ``the following year and has 
issued'' and insert ``the 12-month period following the month 
covered by the monthly submission and for which the agency has 
issued''.
  Page 18, line 17, strike ``rule. If such estimate is not'' 
and insert ``rule, or, if no such estimate is''.
  Page 18, line 22, strike ``sec. 652. office of information 
and regulatory affairs publications.'' and insert ``Sec.  652. 
Office of Information and Regulatory Affairs publications''.
  Page 19, line 8, insert after a comma ``shall publish''.
  Page 19, line 9, strike ``for the previous year the 
following:'' and insert the following: ``the following, with 
respect to the previous year:''.
  Page 22, line 1, strike ``sec. 653. requirement for rules to 
appear in agency-specific monthly publication.'' and insert 
``Sec.  653. Requirement for rules to appear in agency-specific 
monthly publication''.
  Page 22, line 21, strike ``sec. 654. definitions.'' and 
insert ``Sec.  654. Definitions''.
  Page 23, line 2, strike the comma after ``chapter 5''.
                              ----------                              _


 2. An Amendment To Be Offered by Representative Johnson of Georgia or 
                 His Designee, Debatable for 10 Minutes

  In the table of contents of the bill, insert after item 
pertaining to section 302 the following:

              TITLE IV--GENERAL EXEMPTION FOR CERTAIN RULES

Sec. 401. Exemption of certain rules, and consent decrees or settlement 
          agreements, from the provisions of this Act.
  Add, at the end of the bill, the following:

             TITLE IV--GENERAL EXEMPTION FOR CERTAIN RULES

SEC. 401. EXEMPTION OF CERTAIN RULES, AND CONSENT DECREES OR SETTLEMENT 
                    AGREEMENTS, FROM THE PROVISIONS OF THIS ACT.

  Notwithstanding any other provision of law, the provisions of 
this Act and the amendments made by this Act shall not apply in 
the case of a rule that the Director of the Office of 
Management and Budget determines would result in net job 
creation and whose benefits exceeds its cost, or a consent 
decree or settlement agreement pertaining to such a rule. In 
the case of such a rule, consent decree, or settlement 
agreement, the provisions of law amended by this Act shall 
apply as though such amendments had not been made.
                              ----------                              


3. An Amendment To Be Offered by Representative Cummings of Maryland or 
                 His Designee, Debatable for 10 Minutes

  Page 16, strike the table of sections for chapter 6A of title 
5, United States Code, as inserted by section 202(a) of the 
bill, and insert the following:
``651. Agency monthly submission to Office of Information and Regulatory 
          Affairs.
``652. Office of Information and Regulatory Affairs publications.
``653. Definitions.
  Page 22, strike line 1, and all that follows through line 20. 
amend the table of contents accordingly.
  Page 22, line 21, strike ``sec. 654. definitions'' and insert 
``Sec.  653. Definitions''.
  Page 24, strike line 8 and all that follows through line 12.
                              ----------                              


4. An Amendment To Be Offered by Representative Lynch of Massachusetts 
               or His Designee, Debatable for 10 Minutes

  Page 18, line 12, strike ``and''.
  Page 18, line 21, strike the period and insert ``; and''.
  Page 18, after line 21, insert the following:
                  ``(D) any estimate of the benefits of the 
                rule.
  Page 20, after line 21, insert the following:
                  ``(E) The total benefits of all rules 
                proposed or finalized, and the number of rules 
                for which an estimate of the benefits of the 
                rule was not available.
                              ----------                              


5. An Amendment To Be Offered by Representative Foxx of North Carolina 
               or Her Designee, Debatable for 10 Minutes

  Page 18, line 14, insert after ``including'' the following: 
``the imposition of unfunded mandates and''.
  Page 20, line 19, insert after ``or finalized,'' the 
following: ``the total cost of any unfunded mandates imposed by 
all such rules,''.
  Page 22, line 24, insert after ``section 551'' the following: 
``, and the term `unfunded mandate' has the meaning given the 
term `Federal mandate' in section 421(6) of the Congressional 
Budget Act of 1974 (2 U.S.C. 658(6)).''.
                              ----------                              


6. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  Page 22, line 14, strike ``an imminent'' and insert ``a''.
                              ----------                              


7. An Amendment To Be Offered by Representative Cummings of Maryland or 
                 His Designee, Debatable for 10 Minutes

  Page 22, line 24, insert before the period the following: ``, 
except that the term `agency' does not include an independent 
establishment as defined in section 104''.
                              ----------                              


         PART B--TEXT OF AMENDMENTS TO H.R. 1155 MADE IN ORDER

1. An Amendment To Be Offered by Representative Foxx of North Carolina 
               or Her Designee, Debatable for 10 Minutes

  Page 10, line 13, insert after ``paperwork burdens'' the 
following ``or unfunded mandates''.
  Page 11, line 12, insert after ``enforcement'' the following: 
``, imposition of unfunded mandates,''.
  Page 12, line 9, insert after `` excessive compliance costs'' 
the following: ``, imposes unfunded mandates,''.
  Page 25, insert after line 4 the following:
  (n) Definition.--In this section, the term ``unfunded 
mandate'' has the meaning given the term ``Federal mandate'' in 
section 421(6) of the Congressional Budget Act of 1974 (2 
U.S.C. 658(6)).
                              ----------                              


 2. An Amendment To Be Offered by Representative Schweikert of Arizona 
               or His Designee, Debatable for 10 Minutes

  Page 13, insert after line 12 the following:
                  (I) Whether or not the rule or set of rules 
                limits or prevents an agency from applying new 
                or emerging technologies to improve efficiency 
                and effectiveness of government.
  Page 13, line 13, strike ``(I)'' and insert ``(J)''.
  Page 17, line 24, strike ``(G), or (H)'' and insert ``(G), 
(H), or (I)''.
                              ----------                              


3. An Amendment To Be Offered by Representative Walberg of Michigan or 
                 His Designee, Debatable for 10 Minutes

  Page 13, insert after line 12 the following:
                  (I) Whether the rule or set of rules harms 
                wage growth, including wage growth for minimum 
                wage and part-time workers.
  Page 13, line 13, strike ``(I)'' and insert ``(J)''.
                              ----------                              


 4. An Amendment To Be Offered by Representative Johnson of Georgia or 
                 His Designee, Debatable for 10 Minutes

  Beginning on page 25, strike line 5, and all that follows 
through page 27, line 13.
                              ----------                              


5. An Amendment To Be Offered by Representative Cummings of Maryland or 
                 His Designee, Debatable for 10 Minutes

  Strike title IV.
                              ----------                              


6. An Amendment To Be Offered by Representative Cummings of Maryland or 
                 His Designee, Debatable for 10 Minutes

  Page 28, line 22, insert before the period the following: ``, 
except that the term does not include an independent 
establishment as defined in section 104 of such title''.
                              ----------                              


  7. An Amendment To Be Offered by Representative Cicilline of Rhode 
            Island or His Designee, Debatable for 10 Minutes

  Page 29, line 21, insert after ``Code'' the following: ``, 
except for a special rule''.
  Page 29, insert after line 24 the following:
          (6) Special rule.--The term ``special rule'' means a 
        rule made by the Secretary of Veterans Affairs.
                              ----------                              


 8. An Amendment To Be Offered by Representative DelBene of Washington 
               or Her Designee, Debatable for 10 Minutes

  Page 29, line 21, insert after ``Code'' the following: ``, 
except for a special rule''.
  Page 29, insert after line 24 the following:
          (6) Special rule.--The term ``special rule'' means a 
        rule made by an agency in response to an emergency.
                              ----------                              


9. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  Page 29, line 21, insert after ``Code'' the following: ``, 
except for a special rule''.
  Page 29, insert after line 24 the following:
          (6) Special rule.--The term ``special rule'' means a 
        rule made by the Secretary of Homeland Security.
                              ----------                              


10. An Amendment To Be Offered by Representative Pocan of Wisconsin or 
                 His Designee, Debatable for 10 Minutes

  Page 29, line 21, insert after ``Code'' the following: ``, 
except for a special rule''.
  Page 29, insert after line 24 the following:
          (6) Special rule.--The term ``special rule'' means a 
        rule pertaining to consumer safety made by the 
        Commissioner of Food and Drugs, including any rule made 
        under the FDA Food Safety Modernization Act.
                              ----------                              


 11. An Amendment To Be Offered by Representative Murphy of Florida or 
                 His Designee, Debatable for 10 Minutes

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Regulatory Improvement Act of 
2015''.

SEC. 2. DEFINITIONS.

  In this Act--
          (1) the term ``Commission'' means the Regulatory 
        Improvement Commission established under section 3;
          (2) the term ``commission bill'' means a bill 
        consisting of the proposed legislative language of the 
        Commission recommended under section 4(h)(2)(C); and
          (3) the term ``covered regulation'' means a 
        regulation that has been finalized not later than 10 
        years before the date on which the Commission is 
        established.

SEC. 3. ESTABLISHMENT OF COMMISSION.

  (a) Establishment.--There is established in the legislative 
branch a commission to be known as the ``Regulatory Improvement 
Commission''.
  (b) Membership.--
          (1) Composition.--The Commission shall be composed of 
        9 members, of whom--
                  (A) 1 member shall be appointed by the 
                President, and shall serve as the Chairperson 
                of the Commission;
                  (B) 2 members shall be appointed by the 
                majority leader of the Senate;
                  (C) 2 members shall be appointed by the 
                minority leader of the Senate;
                  (D) 2 members shall be appointed by the 
                Speaker of the House of Representatives; and
                  (E) 2 members shall be appointed by the 
                minority leader of the House of 
                Representatives.
          (2) 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.
          (3) Qualifications.--
                  (A) Chair.--The Chair of the Commission shall 
                be an individual with expertise and experience 
                in rulemaking, such as past Administrators of 
                the Office of Information and Regulatory 
                Affairs, past chairmen of the Administrative 
                Conference of the United States, and other 
                individuals with similar expertise and 
                experience in rulemaking affairs and the 
                administration of regulatory reviews.
                  (B) Members.--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.
          (4) Limitation.--Not more than 5 members appointed to 
        the Commission may be from the same political party.
  (c) 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.
  (d) 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.
  (e) Meetings.--The Commission shall meet at the call of the 
Chairman.
  (f) Open to the Public.--Each meeting of the Commission shall 
be open to the public, unless a member objects.
  (g) Quorum.--Five members of the Commission shall constitute 
a quorum, but a lesser number of members may hold hearings.
  (h) Nonapplicability of the Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the Commission.

SEC. 4. DUTIES OF THE COMMISSION.

  (a) 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, all while protecting public health and 
safety, encouraging growth and innovation, and improving 
competitiveness.
  (b) Requirements.--In carrying out subsection (a), the 
Commission shall--
          (1) give priority in its analysis of covered 
        regulations to those that--
                  (A) impose disproportionately high costs on a 
                small entity (as defined in section 601 of 
                title 5, United States Code);
                  (B) impose substantial paperwork burdens; or
                  (C) could be strengthened in their 
                effectiveness while reducing regulatory costs;
          (2) solicit and review comments from the public on 
        the covered regulations described this section; and
          (3) develop a set of covered regulations to modify, 
        consolidate, or repeal to be submitted to Congress for 
        an up-or-down vote.
  (c) Public Comments.--
          (1) 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.
          (2) Submission of public comments.--The Commission 
        shall ensure that the process initiated under paragraph 
        (1) allows for recommendations to be submitted to the 
        Commission through the website of the Commission or by 
        mail.
          (3) 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 paragraph (1).
          (4) Publication.--At the end of the period for the 
        submission of recommendations under this subsection, 
        all submitted recommendations shall be published in the 
        Federal Register and on the website of the Commission.
  (d) Commission Outreach.--
          (1) In general.--During the public comment period 
        described in subsection (c), the 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.
          (2) Focus groups.--The focus groups required under 
        paragraph (1) 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, and, at the 
        discretion of the Commission, other relevant 
        stakeholders from within or outside the regulatory 
        entities.
  (e) Commission Review of Public Comments.--Not later than 45 
days after the date on which the period for the submission of 
recommendations ends under subsection (c), the Commission shall 
convene to review submitted recommendations and to identify 
covered regulations to modify, consolidate, or eliminate.
  (f) Examination of Regulations.--
          (1) 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.
          (2) Deadline.--Not later than 1 year after the date 
        on which the Commission convenes under subsection (e), 
        the Commission shall complete a substantial examination 
        of covered regulations.
  (g) Initial Report.--
          (1) In general.--Not later than 1 year after the date 
        on which the Commission convenes under subsection (e), 
        the Commission shall publish, and make available to the 
        public for comment, a report, which shall include--
                  (A) the findings and conclusions of the 
                Commission for the improvement of covered 
                regulations examined by the Commission; and
                  (B) 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.
          (2) Requirement.--The report required under paragraph 
        (1) shall be approved by not fewer than 5 members of 
        the Commission.
          (3) Availability of report.--The Commission shall 
        make the report required under paragraph (1) available 
        through the website of the Commission and in printed 
        form.
          (4) Public comment period.--During the 90-day period 
        beginning on the date on which the report required 
        under paragraph (1) is published, the Commission 
        shall--
                  (A) solicit comments from the public on such 
                report, using the same process established 
                under subsection (c); and
                  (B) publish any comments received under 
                subparagraph (A) in the Federal Register and 
                the website of the Commission.
          (5) Consultation.--
                  (A) In general.--Not later than 90 days after 
                the date on which the report required under 
                paragraph (1) 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.
                  (B) Requirements.--The consultation required 
                under subparagraph (A) shall provide--
                          (i) the opportunity for the chair 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 paragraph (1); 
                        and
                          (ii) the opportunity for the chair 
                        and ranking member of the committees of 
                        jurisdiction to provide recommendations 
                        for alternative means of achieving a 
                        reduction in regulatory costs while 
                        maintaining the same level of benefits 
                        to society.
  (h) Report to Congress.--
          (1) In general.--Not later than 90 days after the 
        date on which the 90-day period described in subsection 
        (g)(4) ends, the Commission shall--
                  (A) review any comments received under 
                subsection (g)(4);
                  (B) incorporate any relevant comments 
                received under subsection (g)(4) into the 
                report required under subsection (g)(1); and
                  (C) submit the revised report to Congress.
          (2) Contents.--The revised report required to be 
        submitted to Congress under paragraph (1) shall 
        include--
                  (A) the findings and conclusions of the 
                Commission for the improvement of covered 
                regulations examined by the Commission;
                  (B) 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
                  (C) recommended legislative language to 
                implement the recommendations in subparagraph 
                (B).
  (i) Notice to Regulatory Agencies.--
          (1) Enactment of commission bill.--If the commission 
        bill is enacted into law before the first date on which 
        Congress adjourns sine die after such bill is 
        introduced, the President shall--
                  (A) 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;
                  (B) 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.
          (2) Failure to enact commission bill.--If the 
        commission bill is not enacted into law before the 
        first date on which Congress adjourns sine die after 
        such bill is introduced, the President shall provide 
        notice of such failure to enact the commission bill in 
        the Federal Register.

SEC. 5. POWERS OF THE COMMISSION.

  (a) 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 Act.
  (b) Information From Federal Agencies.--
          (1) 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 Act. 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.
          (2) 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.
  (c) 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.
  (d) Gifts.--The Commission may accept, use, and dispose of 
gifts or donations of services or property.
  (e) 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.

SEC. 6. COMMISSION PERSONNEL MATTERS.

  (a) 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.
  (b) 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.
  (c) Staff.--
          (1) In general.--The Chairman 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.
          (2) Compensation.--The Chairman 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.
          (3) Agency assistance.--Following consultation with 
        and upon the request of the Chairman 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.
          (4) 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.
  (d) Procurement of Temporary and Intermittent Services.--The 
Chairman 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.
  (e) Contracting Authority.--The Commission may acquire 
administrative supplies and equipment for Commission use to the 
extent funds are available.
  (f) 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 Act.

SEC. 7. TERMINATION OF THE COMMISSION.

  The Commission shall terminate 90 days after the date on 
which the Commission submits its report under section 4.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There are authorized to be appropriated such 
sums as may be necessary to the Commission to carry out this 
Act.
  (b) Availability.--Any sums appropriated under the 
authorization contained in this section shall remain available, 
without fiscal year limitation, until expended.

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