I

103D CONGRESS

1ST SESSION H. R. 3649

To establish the Industrial Regulatory Relief Commission.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 22, 1993

Mr. HUNTER (for himself, Mr. BURTON of Indiana, Mr. CUNNINGHAM, Mr.

EVERETT, Ms. KAPTUR, and Mr. TRAFICANT) introduced the following

bill; which was referred jointly to the Committees on Energy and Commerce, Banking, Finance and Urban Affairs, and Rules

A BILL

To establish the Industrial Regulatory Relief Commission.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Industrial Regulatory

5 Relief Commission Act’’.

6 SEC. 2. ESTABLISHMENT.

7 There is established an independent commission to be

8 known as the ‘‘Industrial Regulatory Relief Commission’’

9 (hereinafter in this Act referred to as the ‘‘Commission’’).
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1 SEC. 3. PURPOSE OF COMMISSION.

2 (a) IN GENERAL.—The purpose of the Commission

3 is to develop and submit, to the President and the Con4 gress, recommendations for reducing the regulatory bur5 den to the manufacturing, housing, and biotechnology in6 dustries nationwide.

7 (b) REQUIREMENTS.—The recommendations of the

8 Commission shall be developed in a manner so as to pro9 mote investment in the industries specified in subsection

10 (a).

11 SEC. 4. MEMBERSHIP.

12 (a) NUMBER AND APPOINTMENT.—

13 (1) IN GENERAL.—The Commission shall be

14 composed of 8 members appointed by the President,

15 by and with the advice and consent of the Senate.

16 (2) NOMINATIONS.—The President shall submit

17 to the Senate the President’s nominations for ap18 pointment to the Commission no later than 30 days

19 after the date of the enactment of this Act.

20 (b) CONSULTATION.—In selecting individuals for

21 nomination for appointment to the Commission, the Presi22 dent shall consult with—

23 (1) the Speaker of the House of Representa24 tives concerning the appointment of 2 members;

25 (2) the majority leader of the Senate concerning

26 the appointment of 1 member;
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1 (3) the minority leader of the House of Rep2 resentatives concerning the appointment of 1 mem3 ber; and

4 (4) the minority leader of the Senate concern5 ing the appointment of 1 member.

6 (c) CHAIRMAN.—At the time the President nominates

7 individuals for appointment to the Commission, the Presi8 dent shall designate 1 such individual to serve as Chair9 man of the Commission.

10 (d) TERMS.—Each member shall be appointed for the

11 life of the Commission.

12 (e) MEETINGS.—

13 (1) FREQUENCY.—The Commission shall meet

14 at the call of the Chairman or a majority of its

15 members.

16 (2) OPEN MEETINGS.—Each meeting of the

17 Commission shall be open to the public.

18 (f) PAY.—Each member shall be paid at the rate

19 equal to the daily equivalent of the rate payable for level

20 IV of the Executive Schedule under section 5315 of title

21 5, United States Code, for each day during which the

22 member is engaged in the actual performance of duties

23 vested in the Commission.
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1 SEC. 5. STAFF.

2 The Commission may appoint and fix the pay of such

3 personnel as it considers appropriate, except that not more

4 than one-third of the personnel employed by or detailed

5 to the Commission may be on detail from a Federal

6 agency.

7 SEC. 6. REPORTING REQUIREMENTS.

8 (a) RELATING TO THE COMMISSION.—The Commis9 sion shall transmit a report to the President and the Con10 gress not later than 90 days after the Commission is ap11 pointed. Such report shall contain the recommendations

12 of the Commission (as described in section 3(a)), including

13 recommendations relating to any legislation or other meas14 ures which the Commission considers necessary, with par15 ticular attention to the methodology used by the Commis16 sion.

17 (b) RELATING TO THE PRESIDENT.—The President

18 shall transmit a written report to the Congress, not later

19 than 10 days after receiving the report of the Commission,

20 in which the President shall indicate—

21 (1) approval, in which case the Congress shall

22 introduce these recommendations as a joint resolu23 tion; or

24 (2) disapproval, in which case the President

25 shall submit changes to the Commission within 10

26 days.
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1 The Commission shall have an additional 10 days to con2 sider changes submitted to the President and submit a

3 final report to Congress.

4 SEC. 7. CONGRESSIONAL CONSIDERATION OF COMMISSION

5 REPORT.

6 (a) TERMS OF THE RESOLUTION.—For purposes of

7 this Act, the term ‘‘joint resolution’’ means only a joint

8 resolution which is introduced within a 10-day period be9 ginning on the date on which the President or the Com10 mission transmits the report to Congress and—

11 (1) which does not have a preamble;

12 (2) the matter after the resolving clause of

13 which is as follows: ‘‘That Congress approves the

14 recommendations of the Industrial Regulatory Relief

15 Commission as submitted by the President on

16 llllllll’’, the blank space being filled by

17 the appropriate date; and

18 (3) the title of which is as follows: ‘‘Joint reso19 lution approving the recommendations of the Indus20 trial Regulatory Relief Commission.’’.

21 (b) REFERRAL.—A resolution described in subsection

22 (a) that is introduced in the House of Representatives

23 shall be referred to the Committee on llllll. A

24 resolution described in subsection (a) introduced in the
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1 Senate shall be referred to the Committee on

2 lllllllllllll.

3 (c) DISCHARGE.—If the committee to which a resolu4 tion described in subsection (a) is referred has not re5 ported such resolution (or an identical resolution) by the

6 end of the 20-day period beginning on the date on which

7 the President transmits a report to the Congress under

8 section 6(b), such committee shall be, at the end of such

9 period, discharged from further consideration of such reso10 lution, and such resolution shall be placed on the appro11 priate calendar of the House involved.

12 (d) CONSIDERATION.—(1) On or after the third day

13 after the date on which the committee to which the resolu14 tion is referred has reported, or has been discharged, it

15 shall be in order for any Member of the respective House

16 to move to proceed to the consideration of the resolution

17 (but only on the day after the calendar day on which such

18 Member announces to the House concerned the Member’s

19 intention to do so). All points of order against the resolu20 tion and against consideration of the resolution are

21 waived. The motion is highly privileged in the House of

22 Representatives and is privileged in the Senate and is not

23 debatable. The motion is not subject to amendment, or

24 to a motion to postpone, or to a motion to proceed to the

25 consideration of other business. A motion to reconsider the
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1 vote by which the motion is agreed to or disagreed to is

2 not in order. If a motion to proceed to the consideration

3 of the resolution is agreed to, the respective House shall

4 immediately proceed to consideration of the joint resolu5 tion without intervening motion, order, or other business,

6 and the resolution shall remain the unfinished business of

7 the respective House until disposed of.

8 (2) Debate on the resolution, and on all debatable

9 motions and appeals in connection therewith, shall be lim10 ited to not more than 2 hours, which shall be divided

11 equally between those favoring and those opposing the res12 olution. An amendment to the resolution is not in order.

13 A motion to further limit debate is in order and not debat14 able. A motion to postpone, or a motion to proceed to the

15 consideration of other business, or a motion to recommit

16 the resolution is not in order. A motion to reconsider the

17 vote by which the resolution is agreed to or disagreed to

18 is not in order.

19 (3) Immediately following conclusion of the debate on

20 a resolution described in subsection (a) and a single

21 quorum call at the conclusion of the debate is requested

22 in accordance with the rules of the appropriate House, the

23 vote on final passage of the resolution shall occur.

24 (4) Appeals from the decisions of the Chair relating

25 to the application of the rules of the Senate or the House
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1 of Representatives, as the case may be, to the procedure

2 relating to a resolution described in subsection (a) shall

3 be decided without debate.

4 (e) CONSIDERATION BY THE OTHER HOUSE.—(1) If,

5 before the passage by one House of a resolution of that

6 House described in subsection (a), that House receives

7 from the other House a resolution described in subsection

8 (a), then the following procedures shall apply:

9 (A) The resolution of the other House shall not

10 be referred to a committee and may not be consid11 ered in the House receiving it except in the case of

12 final passage as provided in subparagraph (B)(ii).

13 (B) With respect to a resolution described in

14 subsection (a) of the House receiving the resolu15 tion—

16 (i) the procedure in that House shall be

17 the same as if no resolution had been received

18 from the other House; but

19 (ii) the vote on final passage shall be on

20 the resolution of the other House.

21 (2) Upon disposition of the resolution received from

22 the other House, it shall no longer be in order to consider

23 the resolution that originated in the receiving House.

24 (f) RULES OF THE SENATE AND HOUSE.—This sec25 tion is enacted by Congress—
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1 (1) as an exercise of the rulemaking power of

2 the Senate and House of Representatives, respec3 tively, and as such it is deemed a part of the rules

4 of each House, respectively, but applicable only with

5 respect to the procedure to be followed in that

6 House in the case of a resolution described in sub7 section (a), and it supersedes other rules only to the

8 extent that it is inconsistent with such rules; and

9 (2) with full recognition of the constitutional

10 right of either House to change the rules (so far as

11 relating to the procedure of that House) at any time,

12 in the same manner, and to the same extent as in

13 the case of any other rule of that House.

14 SEC. 8. TERMINATION.

15 The Commission shall terminate as of the date on

16 which it transmits its final report under section 6(b)(2).

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