[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4631 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4631

             To establish the Gulf Deregulation Commission.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 17, 2005

 Mr. Jindal (for himself, Mr. Wicker, Mr. McHenry, Mr. Garrett of New 
  Jersey, Mr. King of Iowa, Mr. Gingrey, Mrs. Myrick, Mr. Feeney, Mr. 
    McCaul of Texas, Mrs. Musgrave, Mr. Rohrabacher, Mr. Pence, Mr. 
   Hensarling, Mr. Weldon of Florida, Mr. Westmoreland, Mr. Cole of 
Oklahoma, Mr. Neugebauer, Mr. Kline, Mr. Wilson of South Carolina, Mr. 
 Marchant, and Mr. Aderholt) introduced the following bill; which was 
referred to the Committee on Government Reform, and in addition to the 
Committees on Rules and Transportation and Infrastructure, 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 establish the Gulf Deregulation Commission.

    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 referred to as the ``Gulf Deregulation Act''.

SEC. 2. ESTABLISHMENT OF COMMISSION; DUTIES.

    (a) Establishment.--There is established a Commission to be known 
as the ``Gulf Deregulation Commission'' (in this Act referred to as the 
``Commission''.
    (b) Duties.--The duties of the Commission shall be--
            (1) to identify Federal, State, and local regulations that 
        have the effect of impeding recovery and relief efforts in 
        hurricane disaster areas; and
            (2) to recommend the temporary suspension of such 
        regulations in accordance with section 6.
    (c) Consultation.--The Commission shall carry out the duties under 
subsection (b) in consultation with appropriate Federal, State, and 
local officials and members of the private sector.
    (d) Hurricane Disaster Area.--In this Act, the term ``hurricane 
disaster area'' means an area in which the President declared the 
existence of a major disaster under section 401 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170)--
            (1) before September 14, 2005, by reason of Hurricane 
        Katrina; or
            (2) before October 6, 2005, by reason of Hurricane Rita.

SEC. 3. MEMBERSHIP.

    (a) Appointment.--The Commission shall be composed of 12 members 
appointed by the President, by and with the advice and consent of the 
Senate.
    (b) Qualifications.--Members of the Commission shall be 
representatives from Federal, State, and local government agencies and 
the private sector who have expertise in regulatory and economic 
development service.
    (c) Term.--Each member shall be appointed for the life of the 
Commission.
    (d) Vacancies.--A vacancy in the Commission shall be filled in the 
manner in which the original appointment was made.
    (e) Deadline for Appointments.--Appointments under this subsection 
shall be made not later than 10 days after the date of the enactment of 
this Act.
    (f) Chairperson.--The Chairperson of the Commission shall be 
designated by the President at the time of appointment.
    (g) Quorum.--A majority of the members of the Commission shall 
constitute a quorum but a lesser number may hold hearings.
    (h) Meetings.--The Commission shall meet at least monthly at the 
call of the Chairperson.

SEC. 4. STAFF.

    (a) Staff.--The Chairperson may appoint and fix the pay of 
additional personnel as the Chairperson considers appropriate.
    (b) Staff of Federal Agencies.--Upon the request of the Commission, 
the head of any Federal department or agency may detail, on a 
reimbursable basis, any of the personnel of that department or agency 
to the Commission to assist it in carrying out its duties under this 
Act.

SEC. 5. REPORTS; TERMINATION.

    (a) Interim Report.--Not later than 30 days after members of the 
Commission are appointed under section 3, the Commission shall submit 
to the President, Congress, and the legislature of the State and local 
government of each hurricane disaster area a report containing its 
preliminary recommendations.
    (b) Final Report.--Not later than 90 days after submitting the 
interim report under subsection (a), the Commission shall submit to the 
President and Congress a final report.
    (c) Termination.--The Commission shall terminate 10 days after 
submitting its final report pursuant to subsection (b).

SEC. 6. SUSPENSION OF FEDERAL REGULATIONS.

    (a) Authority to Recommend Suspension.--Notwithstanding any other 
provision of law, the Commission shall have the authority to recommend 
the suspension, for a period not to exceed 18 months, of any Federal 
regulation, or part thereof, that it determines--
            (1) impedes the reconstruction and recovery of any 
        hurricane disaster area; and
            (2) imposes a restriction or mandate on public-sector, 
        private-sector, or nonprofit activity.
    (b) Suspension of Regulations.--Except as provided in section 7--
            (1) upon receipt of the final report required under section 
        5(b), the President shall suspend any Federal regulation 
        recommended for suspension by the Commission for the period 
        recommended by the Commission in accordance with subsection 
        (a); and
            (2) a Federal regulation recommended to be suspended by the 
        Commission shall be suspended upon the expiration of the 20-day 
        period beginning on the date on which Congress receives the 
        final report required under section 5(b).

SEC. 7. CONGRESSIONAL DISAPPROVAL OF COMMISSION RECOMMENDATIONS.

    (a) Adoption of Joint Resolution.--If, before the end of the 20-day 
period beginning on the date on which Congress receives the final 
report required under section 5(b), Congress adopts a joint resolution 
expressing disapproval of the recommendations made by the Commission in 
the report, the President shall not suspend any regulation under 
section 6 pursuant the recommendations contained in the report.
    (b) Terms of the Resolution.--For purposes of this section, the 
term ``joint resolution'' means only a joint resolution which is 
introduced within the 20-day period beginning on the date on which the 
Commission transmits the final report to the Congress under section 
5(b), and--
            (1) which does not have a preamble;
            (2) the matter after the resolving clause of which is as 
        follows: ``That Congress disapproves the recommendations of the 
        Gulf Deregulation Commission as submitted by the President on 
        __________'', the blank space being filled in with the 
        appropriate date; and
            (3) the title of which is as follows: ``Joint resolution 
        disapproving the recommendations of the Gulf Deregulation 
        Commission.''.
    (c) Referral.--A resolution described in subsection (b) that is 
introduced in the House of Representatives shall be referred to the 
Committee on Government Reform of the House of Representatives. A 
resolution described in subsection (b) introduced in the Senate shall 
be referred to the Committee on Homeland Security and Governmental 
Affairs of the Senate.
    (d) Discharge.--If the committee to which a resolution described in 
subsection (b) is referred has not reported such resolution (or an 
identical resolution) by the end of the 20-day period beginning on the 
date on which the Commission transmits the final report to the Congress 
under section 5(b), such committee shall be, at the end of such period, 
discharged from further consideration of such resolution, and such 
resolution shall be placed on the appropriate calendar of the House 
involved.
    (e) Consideration.--
            (1) Motion to consider.--
                    (A) In general.--On or after the third day after 
                the date on which the committee to which such a 
                resolution is referred has reported, or has been 
                discharged (under subsection (d)) from further 
                consideration of, such a resolution, it is in order 
                (even though a previous motion to the same effect has 
                been disagreed to) for any Member of the respective 
                House to move to proceed to the consideration of the 
                resolution. A Member may make the motion only on the 
                day after the calendar day on which the Member 
                announces to the House concerned the Member's intention 
                to make the motion, except that, in the case of the 
                House of Representatives, the motion may be made 
                without such prior announcement if the motion is made 
                by direction of the committee to which the resolution 
                was referred.
                    (B) Waiver of points of order.--All points of order 
                against the resolution (and against consideration of 
                the resolution) are waived.
                    (C) Privilege.--The motion is highly privileged in 
                the House of Representatives and is privileged in the 
                Senate and is not debatable.
                    (D) Not subject to certain motions.--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.
                    (E) Motion to reconsider.--A motion to reconsider 
                the vote by which the motion is agreed to or disagreed 
                to shall not be in order.
                    (F) Motion to proceed to consideration.--If a 
                motion to proceed to the consideration of the 
                resolution is agreed to, the respective House shall 
                immediately proceed to consideration of the joint 
                resolution without intervening motion, order, or other 
                business, and the resolution shall remain the 
                unfinished business of the respective House until 
                disposed of.
            (2) Debate.--Debate on the 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 resolution. An 
        amendment to the resolution is not in order. A motion further 
        to limit debate is in order and not debatable. A motion to 
        postpone, or a motion to proceed to the consideration of other 
        business, or a motion to recommit the resolution is not in 
        order. A motion to reconsider the vote by which the resolution 
        is agreed to or disagreed to is not in order.
            (3) Final passage.--Immediately following the conclusion of 
        the debate on a resolution described in subsection (b) and a 
        single quorum call at the conclusion of the debate if requested 
        in accordance with the rules of the appropriate House, the vote 
        on final passage of the resolution shall occur.
            (4) Appeals from decisions of the chair.--Appeals from the 
        decisions of the Chair relating to the application of the rules 
        of the Senate or the House of Representatives, as the case may 
        be, to the procedure relating to a resolution described in 
        subsection (b) shall be decided without debate.
    (f) Consideration by Other House.--
            (1) Applicable procedures.--If, before the passage by one 
        House of a resolution of that House described in subsection 
        (b), that House receives from the other House a resolution 
        described in subsection (b), then the following procedures 
        shall apply:
                    (A) Referral and consideration.--The resolution of 
                the other House shall not be referred to a committee 
                and may not be considered in the House receiving it 
                except in the case of final passage as provided in 
                subparagraph (B)(ii).
                    (B) Other procedures.--With respect to a resolution 
                described in subsection (b) of the House receiving the 
                resolution--
                            (i) the procedure in that House shall be 
                        the same as if no resolution had been received 
                        from the other House; but
                            (ii) the vote on final passage shall be on 
                        the resolution of the other House.
            (2) Disposition.--Upon disposition of the resolution 
        received from the other House, it shall no longer be in order 
        to consider the resolution that originated in the receiving 
        House.
    (g) Rules of the Senate and House.--This section is enacted by 
Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a 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 resolution described in subsection 
        (b), and it supersedes other rules only to the extent that it 
        is inconsistent with such rules; and
            (2) 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.

SEC. 8. REINSTATEMENT OF REGULATIONS.

    (a) Reinstatement.--A regulation suspended pursuant to section 6 
may be reinstated by the head of the department or agency responsible 
for administering the regulation pursuant to a determination that the 
benefits of reinstating such regulation outweigh the costs. Such 
determination shall be subject to direction from or reversal by the 
President.
    (b) Administrative Procedure.--The reinstatement of a regulation 
under this subsection shall be made in accordance with subchapter II of 
chapter 5 and chapter 7 of title 5, United States Code and with any 
other relevant provision of law, including any Executive Order, that 
applies to the issuance of regulations.
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