Gulf Deregulation Act - Establishes the Gulf Deregulation Commission to: (1) identify federal, state, and local regulations that have the effect of impeding recovery and relief efforts in Hurrican Katrina or Hurricane Rita disaster areas; and (2) recommend the temporary suspension of a federal regulation, or part of one, for a maximum 18-month period if it impedes the reconstruction and recovery of any hurricane disaster area and imposes a restriction or mandate on public-sector, private-sector, or nonprofit activity.
Requires the President to suspend any federal regulation, as recommended by the Commission, unless Congress disapproves of such suspension.
Sets forth congressional procedures for consideration of a joint resolution disapproving the Commission's recommendations.
Allows reinstatement of a suspended regulation by its administering department or agency pursuant to a determination that the benefits of the reinstatement outweigh the costs. Subjects such determination to direction from or reversal by the President.
[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.
<all>
Introduced in House
Introduced in House
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.
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.
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.
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.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
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