[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4116 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4116
To provide for regulatory accountability and for the revision of
economically burdensome regulations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 1, 2012
Mr. Latham introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on Rules,
the Budget, and Oversight and Government Reform, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide for regulatory accountability and for the revision of
economically burdensome regulations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Accountability and
Economic Freedom Act of 2012''.
TITLE I--REGULATORY ACCOUNTABILITY
SEC. 101. DEFINITIONS.
Section 551 of title 5, United States Code, is amended--
(1) in paragraph (13), by striking ``and'' at the end;
(2) in paragraph (14), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(15) `major rule' means any rule that the Administrator
of the Office of Information and Regulatory Affairs determines
is likely to impose--
``(A) an annual effect on the economy of
$100,000,000 or more, adjusted annually for inflation;
``(B) a major increase in costs or prices for
consumers, individual industries, Federal, State,
local, or tribal government agencies, or geographic
regions;
``(C) significant adverse effects on competition,
employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and
export markets; or
``(D) significant impacts on multiple sectors of
the economy; and
``(16) `high-impact rule' means any rule that the
Administrator of the Office of Information and Regulatory
Affairs determines is likely to impose an annual cost on the
economy of $1,000,000,000 or more, adjusted annually for
inflation.''.
SEC. 102. RULE MAKING.
(a) Section 553(a) of title 5, United States Code, is amended by
striking ``(a) This section applies'' and inserting ``(a)
Applicability.--This section applies''.
(b) Section 553 of title 5, United States Code, is amended by
striking subsections (b) through (c) and inserting the following:
``(b) Rule Making Considerations.--In a rule making, an agency
shall make all preliminary and final factual determinations based on
evidence and consider, in addition to other applicable considerations,
the following:
``(1) The legal authority under which a rule may be
proposed, including whether a rule making is required by
statute, and if so, whether by a specific date, or whether the
agency has discretion to commence a rule making.
``(2) Other statutory considerations applicable to whether
the agency can or should propose a rule or undertake other
agency action.
``(3) The specific nature and significance of the problem
the agency may address with a rule (including the degree and
nature of risks the problem poses and the priority of
addressing those risks compared to other matters or activities
within the agency's jurisdiction), whether the problem warrants
new agency action, and the countervailing risks that may be
posed by alternatives for new agency action.
``(4) Whether existing rules have created or contributed to
the problem the agency may address with a rule and whether
those rules could be amended or rescinded to address the
problem in whole or part.
``(5) Any reasonable alternatives for a new rule or other
response identified by the agency or interested persons,
including not only responses that mandate particular conduct or
manners of compliance, but also--
``(A) the alternative of no Federal response;
``(B) amending or rescinding existing rules;
``(C) potential regional, State, local, or tribal
regulatory action or other responses that could be
taken in lieu of agency action; and
``(D) potential responses that--
``(i) specify performance objectives rather
than conduct or manners of compliance;
``(ii) establish economic incentives to
encourage desired behavior;
``(iii) provide information upon which
choices can be made by the public; or
``(iv) incorporate other innovative
alternatives rather than agency actions that
specify conduct or manners of compliance.
``(6) Notwithstanding any other provision of law--
``(A) the potential costs and benefits associated
with potential alternative rules and other responses
considered under section 553(b)(5), including direct,
indirect, and cumulative costs and benefits and
estimated impacts on jobs (including an estimate of the
net gain or loss in domestic jobs), economic growth,
innovation, and economic competitiveness;
``(B) means to increase the cost-effectiveness of
any Federal response; and
``(C) incentives for innovation, consistency,
predictability, lower costs of enforcement and
compliance (to Government entities, regulated entities,
and the public), and flexibility.
``(c) Advance Notice of Proposed Rule Making for Major Rules, High-
Impact Rules, and Rules Involving Novel Legal or Policy Issues.--In the
case of a rule making for a major rule or high-impact rule or a rule
that involves a novel legal or policy issue arising out of statutory
mandates, not later than 90 days before a notice of proposed rule
making is published in the Federal Register, an agency shall publish
advance notice of proposed rule making in the Federal Register. In
publishing such advance notice, the agency shall--
``(1) include a written statement identifying, at a
minimum--
``(A) the nature and significance of the problem
the agency may address with a rule, including data and
other evidence and information on which the agency
expects to rely for the proposed rule;
``(B) the legal authority under which a rule may be
proposed, including whether a rule making is required
by statute, and if so, whether by a specific date, or
whether the agency has discretion to commence a rule
making;
``(C) preliminary information available to the
agency concerning the other considerations specified in
subsection (b);
``(D) an explanation of how addressing the problem
will help the agency meet its performance goals
reported to Congress under the Government Performance
and Results Act; and
``(E) in the case of a rule that involves a novel
legal or policy issue arising out of statutory
mandates, the nature of and potential reasons to adopt
the novel legal or policy position upon which the
agency may base a proposed rule;
``(2) make publicly available any data used in any cost-
benefit analysis conducted by the agency for purposes of the
rule making;
``(3) solicit written data, views or argument from
interested persons concerning the information and issues
addressed in the advance notice; and
``(4) provide for a period of not fewer than 60 days for
interested persons to submit such written data, views, or
argument to the agency.''.
SEC. 103. EFFECTIVE DATE.
The amendments made by this Act to sections 553 of title 5, United
States Code, shall not apply to any rule makings pending or completed
on the date of enactment of this Act.
TITLE II--CONGRESSIONAL REVIEW OF AGENCY RULE MAKING
SEC. 201. PURPOSE.
The purpose of this Act is to increase accountability for and
transparency in the Federal regulatory process. Section 1 of article I
of the United States Constitution grants all legislative powers to
Congress. Over time, Congress has excessively delegated its
constitutional charge while failing to conduct appropriate oversight
and retain accountability for the content of the laws it passes. By
requiring a vote in Congress, the REINS Act will result in more
carefully drafted and detailed legislation, an improved regulatory
process, and a legislative branch that is truly accountable to the
American people for the laws imposed upon them.
SEC. 202. CONGRESSIONAL REVIEW OF AGENCY RULE MAKING.
Chapter 8 of title 5, United States Code, is amended to read as
follows:
``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULE MAKING
``Sec.
``801. Congressional review.
``802. Congressional approval procedure for major rules.
``803. Congressional disapproval procedure for nonmajor rules.
``804. Definitions.
``805. Judicial review.
``806. Exemption for monetary policy.
``807. Effective date of certain rules.
``Sec. 801. Congressional review
``(a)(1)(A) Before a rule may take effect, the Federal agency
promulgating such rule shall submit to each House of the Congress and
to the Comptroller General a report containing--
``(i) a copy of the rule;
``(ii) a concise general statement relating to the rule;
``(iii) a classification of the rule as a major or nonmajor
rule, including an explanation of the classification
specifically addressing each criteria for a major rule
contained within sections 804(2)(A), 804(2)(B), and 804(2)(C);
``(iv) a list of any other related regulatory actions
intended to implement the same statutory provision or
regulatory objective as well as the individual and aggregate
economic effects of those actions; and
``(v) the proposed effective date of the rule.
``(B) On the date of the submission of the report under
subparagraph (A), the Federal agency promulgating the rule shall submit
to the Comptroller General and make available to each House of
Congress--
``(i) a complete copy of the cost-benefit analysis of the
rule, if any, including an analysis of any jobs added or lost,
differentiating between public and private sector jobs;
``(ii) the agency's actions pursuant to sections 603, 604,
605, 607, and 609 of this title;
``(iii) the agency's actions pursuant to sections 202, 203,
204, and 205 of the Unfunded Mandates Reform Act of 1995; and
``(iv) any other relevant information or requirements under
any other Act and any relevant Executive orders.
``(C) Upon receipt of a report submitted under subparagraph (A),
each House shall provide copies of the report to the chairman and
ranking member of each standing committee with jurisdiction under the
rules of the House of Representatives or the Senate to report a bill to
amend the provision of law under which the rule is issued.
``(2)(A) The Comptroller General shall provide a report on each
major rule to the committees of jurisdiction by the end of 15 calendar
days after the submission or publication date as provided in section
802(b)(2). The report of the Comptroller General shall include an
assessment of the agency's compliance with procedural steps required by
paragraph (1)(B).
``(B) Federal agencies shall cooperate with the Comptroller General
by providing information relevant to the Comptroller General's report
under subparagraph (A).
``(3) A major rule relating to a report submitted under paragraph
(1) shall take effect upon enactment of a joint resolution of approval
described in section 802 or as provided for in the rule following
enactment of a joint resolution of approval described in section 802,
whichever is later.
``(4) A nonmajor rule shall take effect as provided by section 803
after submission to Congress under paragraph (1).
``(5) If a joint resolution of approval relating to a major rule is
not enacted within the period provided in subsection (b)(2), then a
joint resolution of approval relating to the same rule may not be
considered under this chapter in the same Congress by either the House
of Representatives or the Senate.
``(b)(1) A major rule shall not take effect unless the Congress
enacts a joint resolution of approval described under section 802.
``(2) If a joint resolution described in subsection (a) is not
enacted into law by the end of 70 session days or legislative days, as
applicable, beginning on the date on which the report referred to in
section 801(a)(1)(A) is received by Congress (excluding days either
House of Congress is adjourned for more than 3 days during a session of
Congress), then the rule described in that resolution shall be deemed
not to be approved and such rule shall not take effect.
``(c)(1) Notwithstanding any other provision of this section
(except subject to paragraph (3)), a major rule may take effect for one
90-calendar-day period if the President makes a determination under
paragraph (2) and submits written notice of such determination to the
Congress.
``(2) Paragraph (1) applies to a determination made by the
President by Executive order that the major rule should take effect
because such rule is--
``(A) necessary because of an imminent threat to health or
safety or other emergency;
``(B) necessary for the enforcement of criminal laws;
``(C) necessary for national security; or
``(D) issued pursuant to any statute implementing an
international trade agreement.
``(3) An exercise by the President of the authority under this
subsection shall have no effect on the procedures under section 802.
``(d)(1) In addition to the opportunity for review otherwise
provided under this chapter, in the case of any rule for which a report
was submitted in accordance with subsection (a)(1)(A) during the period
beginning on the date occurring--
``(A) in the case of the Senate, 60 session days, or
``(B) in the case of the House of Representatives, 60
legislative days,
before the date the Congress is scheduled to adjourn a session of
Congress through the date on which the same or succeeding Congress
first convenes its next session, sections 802 and 803 shall apply to
such rule in the succeeding session of Congress.
``(2)(A) In applying sections 802 and 803 for purposes of such
additional review, a rule described under paragraph (1) shall be
treated as though--
``(i) such rule were published in the Federal Register on--
``(I) in the case of the Senate, the 15th session
day, or
``(II) in the case of the House of Representatives,
the 15th legislative day,
after the succeeding session of Congress first convenes; and
``(ii) a report on such rule were submitted to Congress
under subsection (a)(1) on such date.
``(B) Nothing in this paragraph shall be construed to affect the
requirement under subsection (a)(1) that a report shall be submitted to
Congress before a rule can take effect.
``(3) A rule described under paragraph (1) shall take effect as
otherwise provided by law (including other subsections of this
section).
``Sec. 802. Congressional approval procedure for major rules
``(a)(1) For purposes of this section, the term `joint resolution'
means only a joint resolution addressing a report classifying a rule as
major pursuant to section 801(a)(1)(A)(iii) that--
``(A) bears no preamble;
``(B) bears the following title (with blanks filled as
appropriate): `Approving the rule submitted by ___ relating to
___.';
``(C) includes after its resolving clause only the
following (with blanks filled as appropriate): `That Congress
approves the rule submitted by ___ relating to ___.'; and
``(D) is introduced pursuant to paragraph (2).
``(2) After a House of Congress receives a report classifying a
rule as major pursuant to section 801(a)(1)(A)(iii), the majority
leader of that House (or his or her respective designee) shall
introduce (by request, if appropriate) a joint resolution described in
paragraph (1)--
``(A) in the case of the House of Representatives, within
three legislative days; and
``(B) in the case of the Senate, within three session days.
``(3) A joint resolution described in paragraph (1) shall not be
subject to amendment at any stage of proceeding.
``(b) A joint resolution described in subsection (a) shall be
referred in each House of Congress to the committees having
jurisdiction over the provision of law under which the rule is issued.
``(c) In the Senate, if the committee or committees to which a
joint resolution described in subsection (a) has been referred have not
reported it at the end of 15 session days after its introduction, such
committee or committees shall be automatically discharged from further
consideration of the resolution and it shall be placed on the calendar.
A vote on final passage of the resolution shall be taken on or before
the close of the 15th session day after the resolution is reported by
the committee or committees to which it was referred, or after such
committee or committees have been discharged from further consideration
of the resolution.
``(d)(1) In the Senate, when the committee or committees to which a
joint resolution is referred have reported, or when a committee or
committees are discharged (under subsection (c)) from further
consideration of a joint resolution described in subsection (a), it is
at any time thereafter in order (even though a previous motion to the
same effect has been disagreed to) for a motion to proceed to the
consideration of the joint resolution, and all points of order against
the joint resolution (and against consideration of the joint
resolution) are waived. The motion is not subject to amendment, or to a
motion to postpone, or to a motion to proceed to the consideration of
other business. 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 joint resolution is agreed to, the joint
resolution shall remain the unfinished business of the Senate until
disposed of.
``(2) In the Senate, debate on the joint resolution, and on all
debatable motions and appeals in connection therewith, shall be limited
to not more than 2 hours, which shall be divided equally between those
favoring and those opposing the joint resolution. A motion to further
limit debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution is not in
order.
``(3) In the Senate, immediately following the conclusion of the
debate on a joint resolution described in subsection (a), and a single
quorum call at the conclusion of the debate if requested in accordance
with the rules of the Senate, the vote on final passage of the joint
resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
joint resolution described in subsection (a) shall be decided without
debate.
``(e) In the House of Representatives, if any committee to which a
joint resolution described in subsection (a) has been referred has not
reported it to the House at the end of 15 legislative days after its
introduction, such committee shall be discharged from further
consideration of the joint resolution, and it shall be placed on the
appropriate calendar. On the second and fourth Thursdays of each month
it shall be in order at any time for the Speaker to recognize a Member
who favors passage of a joint resolution that has appeared on the
calendar for at least 5 legislative days to call up that joint
resolution for immediate consideration in the House without
intervention of any point of order. When so called up a joint
resolution shall be considered as read and shall be debatable for 1
hour equally divided and controlled by the proponent and an opponent,
and the previous question shall be considered as ordered to its passage
without intervening motion. It shall not be in order to reconsider the
vote on passage. If a vote on final passage of the joint resolution has
not been taken by the third Thursday on which the Speaker may recognize
a Member under this subsection, such vote shall be taken on that day.
``(f)(1) If, before passing a joint resolution described in
subsection (a), one House receives from the other a joint resolution
having the same text, then--
``(A) the joint resolution of the other House shall not be
referred to a committee; and
``(B) the procedure in the receiving House shall be the
same as if no joint resolution had been received from the other
House until the vote on passage, when the joint resolution
received from the other House shall supplant the joint
resolution of the receiving House.
``(2) This subsection shall not apply to the House of
Representatives if the joint resolution received from the Senate is a
revenue measure.
``(g) If either House has not taken a vote on final passage of the
joint resolution by the last day of the period described in section
801(b)(2), then such vote shall be taken on that day.
``(h) This section and section 803 are enacted by Congress--
``(1) as an exercise of the rule making power of the Senate
and House of Representatives, respectively, and as such is
deemed to be part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution described in
subsection (a) and superseding other rules only where
explicitly so; and
``(2) with full recognition of the Constitutional right of
either House to change the rules (so far as they relate 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.
``Sec. 803. Congressional disapproval procedure for nonmajor rules
``(a) For purposes of this section, the term `joint resolution'
means only a joint resolution introduced in the period beginning on the
date on which the report referred to in section 801(a)(1)(A) is
received by Congress and ending 60 days thereafter (excluding days
either House of Congress is adjourned for more than 3 days during a
session of Congress), the matter after the resolving clause of which is
as follows: `That Congress disapproves the nonmajor rule submitted by
the ___ relating to ___, and such rule shall have no force or effect.'
(The blank spaces being appropriately filled in).
``(b)(1) A joint resolution described in subsection (a) shall be
referred to the committees in each House of Congress with jurisdiction.
``(2) For purposes of this section, the term submission or
publication date means the later of the date on which--
``(A) the Congress receives the report submitted under
section 801(a)(1); or
``(B) the nonmajor rule is published in the Federal
Register, if so published.
``(c) In the Senate, if the committee to which is referred a joint
resolution described in subsection (a) has not reported such joint
resolution (or an identical joint resolution) at the end of 15 session
days after the date of introduction of the joint resolution, such
committee may be discharged from further consideration of such joint
resolution upon a petition supported in writing by 30 Members of the
Senate, and such joint resolution shall be placed on the calendar.
``(d)(1) In the Senate, when the committee to which a joint
resolution is referred has reported, or when a committee is discharged
(under subsection (c)) from further consideration of a joint resolution
described in subsection (a), it is at any time thereafter in order
(even though a previous motion to the same effect has been disagreed
to) for a motion to proceed to the consideration of the joint
resolution, and all points of order against the joint resolution (and
against consideration of the joint resolution) are waived. The motion
is not subject to amendment, or to a motion to postpone, or to a motion
to proceed to the consideration of other business. 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 joint resolution is agreed to, the joint resolution shall remain
the unfinished business of the Senate until disposed of.
``(2) In the Senate, debate on the joint resolution, and on all
debatable motions and appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be divided equally between those
favoring and those opposing the joint resolution. A motion to further
limit debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution is not in
order.
``(3) In the Senate, immediately following the conclusion of the
debate on a joint resolution described in subsection (a), and a single
quorum call at the conclusion of the debate if requested in accordance
with the rules of the Senate, the vote on final passage of the joint
resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
joint resolution described in subsection (a) shall be decided without
debate.
``(e) In the Senate the procedure specified in subsection (c) or
(d) shall not apply to the consideration of a joint resolution
respecting a nonmajor rule--
``(1) after the expiration of the 60 session days beginning
with the applicable submission or publication date, or
``(2) if the report under section 801(a)(1)(A) was
submitted during the period referred to in section 801(d)(1),
after the expiration of the 60 session days beginning on the
15th session day after the succeeding session of Congress first
convenes.
``(f) If, before the passage by one House of a joint resolution of
that House described in subsection (a), that House receives from the
other House a joint resolution described in subsection (a), then the
following procedures shall apply:
``(1) The joint resolution of the other House shall not be
referred to a committee.
``(2) With respect to a joint resolution described in
subsection (a) of the House receiving the joint resolution--
``(A) the procedure in that House shall be the same
as if no joint resolution had been received from the
other House; but
``(B) the vote on final passage shall be on the
joint resolution of the other House.
``Sec. 804. Definitions
``For purposes of this chapter--
``(1) The term `Federal agency' means any agency as that
term is defined in section 551(1).
``(2) The term `major rule' means any rule, including an
interim final rule, that the Administrator of the Office of
Information and Regulatory Affairs of the Office of Management
and Budget finds has resulted in or is likely to result in--
``(A) an annual effect on the economy of
$100,000,000 or more;
``(B) a major increase in costs or prices for
consumers, individual industries, Federal, State, or
local government agencies, or geographic regions; or
``(C) significant adverse effects on competition,
employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and
export markets.
``(3) The term `nonmajor rule' means any rule that is not a
major rule.
``(4) The term `rule' has the meaning given such term in
section 551, except that such term does not include--
``(A) any rule of particular applicability,
including a rule that approves or prescribes for the
future rates, wages, prices, services, or allowances
therefore, corporate or financial structures,
reorganizations, mergers, or acquisitions thereof, or
accounting practices or disclosures bearing on any of
the foregoing;
``(B) any rule relating to agency management or
personnel; or
``(C) any rule of agency organization, procedure,
or practice that does not substantially affect the
rights or obligations of non-agency parties.
``Sec. 805. Judicial review
``(a) No determination, finding, action, or omission under this
chapter shall be subject to judicial review.
``(b) Notwithstanding subsection (a), a court may determine whether
a Federal agency has completed the necessary requirements under this
chapter for a rule to take effect.
``(c) The enactment of a joint resolution of approval under section
802 shall not be interpreted to serve as a grant or modification of
statutory authority by Congress for the promulgation of a rule, shall
not extinguish or affect any claim, whether substantive or procedural,
against any alleged defect in a rule, and shall not form part of the
record before the court in any judicial proceeding concerning a rule
except for purposes of determining whether or not the rule is in
effect.
``Sec. 806. Exemption for monetary policy
``Nothing in this chapter shall apply to rules that concern
monetary policy proposed or implemented by the Board of Governors of
the Federal Reserve System or the Federal Open Market Committee.
``Sec. 807. Effective date of certain rules
``Notwithstanding section 801--
``(1) any rule that establishes, modifies, opens, closes,
or conducts a regulatory program for a commercial,
recreational, or subsistence activity related to hunting,
fishing, or camping; or
``(2) any rule other than a major rule which an agency for
good cause finds (and incorporates the finding and a brief
statement of reasons therefore in the rule issued) that notice
and public procedure thereon are impracticable, unnecessary, or
contrary to the public interest,
shall take effect at such time as the Federal agency promulgating the
rule determines.''.
SEC. 203. BUDGETARY EFFECTS OF RULES SUBJECT TO SECTION 802 OF TITLE 5,
UNITED STATES CODE.
Section 257(b)(2) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by adding at the end the following new
subparagraph:
``(E) Budgetary effects of rules subject to section
802 of title 5, united states code.--Any rules subject
to the congressional approval procedure set forth in
section 802 of chapter 8 of title 5, United States
Code, affecting budget authority, outlays, or receipts
shall be assumed to be effective unless it is not
approved in accordance with such section.''.
TITLE III--ELIMINATION OF BURDENSOME RULES
SEC. 301. RED TAPE REDUCTION COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``United States Red Tape Reduction Commission'' (in this section
referred to as the ``Commission'').
(b) Duties of Commission.--
(1) In general.--The Commission shall advise the Federal
Government on the modification, consolidation, or elimination
of Federal regulatory requirements to reduce direct or indirect
burdens on businesses in the United States.
(2) Public comment.--The Commission shall conduct public
hearings at locations throughout the United States and
establish a Web site that allows the public to submit comments
on hardships in complying with rules and proposals for
modification, consolidation, or elimination of such rules.
(3) Prioritization of rules for review.--The Commission
shall develop criteria to prioritize rules for review,
including the number and nature of public request for review of
rules.
(4) Review of rules.--The Commission shall review rules
according to criteria developed by the Commission to meet each
of the following goals:
(A) A reduction of the burdens of compliance with
Federal rules, especially those rules which would have
an effect on small businesses.
(B) Elimination of rules or regulatory requirements
that have a measurable detrimental effect on growth,
innovation, job-creating ability, and global
competitiveness of businesses in the United States.
(C) Modification of rules to simplify and clarify
regulatory requirements.
(D) Removal of barriers to the entry of new
competitors in the marketplace.
(E) Elimination of rules for which ongoing costs
exceed the ongoing benefits.
(F) Increasing regulatory flexibility by
replacement of command and control rules with
alternatives, such as performance standards.
(c) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 8 members appointed by the President by and with
the advise and consent of the Senate, 4 of which shall
represent private industry, including small business interests.
(2) Terms.--Each member shall be appointed for a term of
one year that may be renewed by the President without the
advise and consent of the Senate.
(3) Rates of pay.--The Comptroller General of the United
States is authorized to determine rates of pay, not to exceed
limits under the Federal Advisory Committee Act, for members
for each day (including travel time) during which the member is
engaged in the actual performance of the duties vested in the
Commission.
(4) Travel expenses.--Members shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(5) Chairperson.--The Chairperson of the Commission shall
be elected by the members. The term of office of the
Chairperson shall be one year.
(d) Staff of Commission.--The Chairperson of the Commission may
hire staff, without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and without
regard to the provisions of chapter 51 and subchapter III of chapter 53
of such title relating to classification and General Schedule pay
rates, except that no rate of pay fixed under this subsection may
exceed the limits under the Federal Advisory Committee Act. The
Chairperson of the Commission may fix the compensation of Commission
staff without regard to the provisions of 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 may not exceed the limits under the Federal Advisory
Committee Act.
(e) Experts and Consultants.--The Commission may procure the
services of experts and consultants in accordance with the provisions
of section 3109(b) of title 5, United States Code, but at rates for
individuals not to exceed the daily equivalent of the highest rate
payable under section 5332 of such title.
(f) Contract Authority.--The Commission may--
(1) procure supplies, services, and property by contract in
accordance with applicable laws and regulations and to the
extent or in such amounts as are provided in appropriations
Acts; and
(2) enter into contracts with departments, agencies, and
instrumentalities of the Federal Government, State agencies,
and private firms, institutions, and agencies, for the conduct
of research or surveys, the preparation of reports, and other
activities necessary for the discharge of the duties of the
Commission, to the extent or in such amounts as are provided in
appropriations Acts.
(g) Relationship to Executive Branch.--
(1) Information requests.--The Commission is authorized to
secure information, data, estimates, and statistics directly
from the various departments, agencies, and establishments of
the executive branch of Government, including the Office of
Management and Budget, and the regulatory agencies and
commissions of the Government. All such departments, agencies,
establishments, and regulatory agencies and commissions shall
promptly furnish the Commission any available material which
the Chairperson of the Commission determines to be necessary in
the performance of the Commission's duties and functions (other
than material the disclosure of which would be a violation of
law).
(2) Use of services, facilities, and personnel.--The
Commission is authorized, upon agreement with the head of any
such department, agency, establishment, or regulatory agency or
commission, to use its services, facilities, and personnel with
or without reimbursement, and the head of each such department,
agency, establishment, or regulatory agency or commission is
authorized to provide the Commission such services, facilities,
and personnel.
(h) Relationship to Other Agencies of Congress.--In carrying out
the duties and functions of the Commission, and for the purpose of
coordinating the operations of the Commission with those of other
congressional agencies with a view to using most effectively the
information, services, and capabilities of all such agencies in
carrying out the various responsibilities assigned to each, the
Commission is authorized to obtain information, data, estimates, and
statistics developed by the Government Accountability Office, the
Congressional Budget Office, and the Congressional Research Service,
and upon agreement with the Comptroller General, the Director of the
Congressional Budget Office, or the Director of the Congressional
Research Service to use their services, facilities, and personnel
without reimbursement. The Comptroller General and such Directors are
authorized to provide the Commission with the information, data,
estimates, and statistics, and the services, facilities, and personnel,
referred to in the preceding sentence.
(i) Assistance to the Congress.--The Commission shall provide to
the Committee on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate, information that will assist the committee in
the discharge of all matters within its jurisdiction, including
information with respect to its jurisdiction over authorization and
oversight of the Office of Information and Regulatory Affairs of the
Office of Management and Budget.
(j) Reports.--
(1) Annual reports.--Not later than one year after the date
of the enactment of this Act, and annually thereafter for each
of the following five years, the Commission, with an
affirmative vote of a majority of the members of the
Commission, shall submit to the President and the Congress a
report on the findings and conclusions of the Commission under
subsection (b), together with its recommendations for
legislation.
(2) Congressional review.--
(A) House of representatives.--Not later than three
days after receiving the report pursuant to paragraph
(1), in the House of Representatives, the majority
leader of the House of Representatives (or his
designee) and the minority leader of the House of
Representatives (or his designee) shall introduce (by
request), a joint resolution implementing the
recommendations in the report.
(B) Senate.--Not later than three days after
receiving the report pursuant to paragraph (1), in the
Senate, the majority leader of the Senate (or his
designee) and the minority leader of the Senate (or his
designee) shall introduce a joint resolution described
in subparagraph (A) (by request).
(C) Applicable procedures.--Such joint resolution
shall be deemed to be a joint resolution described
under section 802(a) of title 5, United States Code,
for purposes of consideration by either House.
(3) Presidential review.--Not later than 30 days after
receiving the report pursuant to paragraph (1), the President
shall submit a review on such report to the Congress.
(4) Public availability of commission reports.--The
Commission shall publish its reports on a public Internet Web
site maintained by the Commission.
(k) Termination.--The Commission shall terminate on the day after
the final report is published in the Federal Register pursuant to
subsection (i)(4).
(l) Application of FACA.--The provisions of the Federal Advisory
Committee Act (5 U.S.C. App) shall apply to the Commission, except as
otherwise provided in this Act.
<all>