PlainBillCongress, translated.Legislation. Context. Public interest.Received in the Senate and read twice and referred to the Committee on Governmental Affairs.
Congressional Research Service
Version 36 · Passed House amended · Feb 24, 1995
Regulatory Transition Act of 1995 - Establishes a moratorium on Federal regulatory rulemaking actions, with certain emergency exceptions for designated imminent threats to health or safety, actions necessary for enforcement of criminal laws, and actions to establish or enforce specified civil rights. (Sec. 3) Extends such moratorium from November 20, 1994, until the earlier of December 31, 1995, or the first date on which there have been enacted one or more laws that: (1) require the Federal rulemaking process to include cost-benefit analysis (including analysis of costs resulting from the loss of property rights); and (2) for those Federal regulations subject to risk analysis and risk assessment, require that they undergo standardized risk analysis and risk assessment using the best scientific and economic procedures. Sets a special moratorium period for regulatory rulemaking action with respect to determining an endangered species or a threatened species, or designating a critical habitat, under the Endangered Species Act of 1973. Extends such moratorium from November 20, 1994, through the earlier of December 31, 1996, or the first date on which there has been enacted (after enactment of this Act) a law authorizing appropriations to carry out the Endangered Species Act of 1973. Suspends (subject to emergency, criminal law enforcement, and civil rights exceptions), starting 30 days after enactment of this Act, until the end of the moratorium period, the effectiveness of any regulatory rulemaking action taken or made effective during the moratorium period but before enactment of this Act. (Sec. 4) Extends for five months or until the end of the moratorium period, whichever is later, any statutory, regulatory, or judicial deadline for, relating to, or involving any action dependent upon, any regulatory rulemaking actions authorized or required to be taken before the end of the moratorium period. Requires the President to inventory and publish in the Federal Register a list of all covered regulatory rulemaking actions taken or made effective, and any statutory, regulatory, and judicial deadlines falling, during the moratorium period but before the date of enactment of this Act. (Sec. 6) Excludes from the meaning of rule (and so exempt from this moratorium): (1) the approval or prescription, on a case-by-case or consolidated basis, for the future of rates, wages, corporation, or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor, or of valuations, costs, or accounting, or practices bearing on any of the foregoing; (2) any action taken in connection with the safety of aviation, the implementation of monetary policy, the safety and soundness of federally insured depository institutions (or affiliates), credit unions, or government sponsored housing enterprises, or the protection of Federal deposit insurance funds; and (3) the granting of an application for a license, registration, or similar authority, the granting or recognition of an exception, the granting of a variance or petition for relief from a regulatory requirement, or other action relieving a restriction, or any action necessary to permit new or improved applications of technology or allow the manufacture, distribution, sale, or use of a substance or product. Specifies that moratorium-exempt agency actions to relieve restrictions include any action which establishes, modifies, or conducts a regulatory program for a recreational or subsistence activity, including but not limited to hunting, fishing, and camping, if a Federal law prohibits such activity in the absence of agency action. (Sec. 7) Declares that no private right of action may be brought against any Federal agency for violation of this Act. States that this prohibition shall not affect any private right of action or remedy otherwise available under any other law. (Sec. 9) Exempts from the moratorium imposed by this Act specified regulatory rulemaking actions (or any related action) dealing with: (1) textile imports; (2) customs modernization; (3) intellectual property protection and market access in China; (4) Federal Communications Commission transfer of 50 megahertz of spectrum below 5 GHz from government to private use; (5) personal communications services licenses; (6) wide-area specialized mobile radio licenses; and (7) improved trading opportunities for regional exchanges. (Sec. 10) Delays until six months after the end of the moratorium period the effective date of any rule with respect to small businesses (with 100 or fewer employees) that resulted from a regulatory rulemaking action suspended or prohibited by this Act.
People & committees
Rep. DeLay, Tom [R-TX-22] · R–TX
Legislative record
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Received in the Senate and read twice and referred to the Committee on Governmental Affairs.
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 450.
Mr. Mineta asked unanimous consent that the Clerk be authorized to make the following correction in the engrossment of the bill: "in section 6(4), in the second sentence, after "nor does it include", insert the following new clarifying words: "any action taken in connection with the safety of aviations or". Agreed to without objection.
Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by recorded vote: 276 - 146 (Roll no. 174).
House roll call 174 · Individual votesPassed/agreed to in House: On passage Passed by recorded vote: 276 - 146 (Roll no. 174).
House roll call 174 · Individual votesOn motion to recommit with instructions Failed by recorded vote: 172 - 250 (Roll no. 173).
House roll call 173 · Individual votesThe previous question on the motion to recommit with instructions was ordered without objection.
DEBATE - The House proceeded with ten minutes of debate on the Collins motion to recommit.
Mrs. Collins (IL) moved to recommit with instructions to Government Reform.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. Agreed to by Division vote: 132 - 91.
The previous question was ordered without objection.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 450.
ORDER OF PROCEDURE - Pursuant to the unanimous consent agreement of February 23, 1995, the Chair announced the unfinished business of the Committee of the Whole to be those amendments on which further proceedings were postponed, to be considered in the order in which they were postponed.
At the conclusion of debate the Chair put the question on agreeing to the Volkmer amendment and announced that, by voice vote, the amendment was not agreed to. Mr. Volkmer objected to the vote on grounds that a quorum was not present and made a point of order that a quorum was not present. Further proceedings were postponed.
DEBATE - Pursuant to the unanimous consent agreement of February 23, 1995, the Committee of the Whole proceeded with ten minutes of debate on the Volkmer amendment.
At the conclusion of debate the Chair put the question on agreeing to the Fattah amendment and announced that, by voice vote, the amendment was not agreed to. Mr. Fattah objected to the vote on grounds that a quorum was not present and made a point of order that a quorum was not present. Further proceedings were postponed.
At the conclusion of debate the Chair put the question on agreeing to the Waxman amendment and announced that, by voice vote, the amendment was not agreed to. Mr. Waxman objected to the vote on grounds that a quorum was not present and made a point of order that a quorum was not present. Further proceedings were postponed and the point of order was withdrawn.
DEBATE - Pursuant to the unanimous consent agreement of February 23, 1995, the Committee of the Whole proceeded with 20 minutes of debate on the Waxman amendment.
VOTE POSTPONED - At the conclusion of debate the Chair put the question on agreeing to the Green amendment and announced that, by voice vote, the amendment was not agreed to. Mr. Green objected to the vote on grounds that a quorum was not present and made a point of order that a quorum was not present. Further proceedings were postponed.
DEBATE - Pursuant to the unanimous consent agreement of February 23, 1995, the Committee of the Whole proceeded with 20 minutes of debate on the Green amendment.
VOTE POSTPONED - At the conclusion of debate the Chair put the question on agreeing to the Wise amendment and announced that, by voice vote, the amendment was not agreed to. Mr. Wise objected to the vote on grounds that a quorum was not present and made a point of order that a quorum was not present. Further proceedings were postponed.
DEBATE - Pursuant to the unanimous consent agreement of February 23, 1995, the Committee of the Whole proceeded with 30 minutes of debate on the Wise amendment.
DEBATE - Pursuant to a unanmimous consent agreement of February 23, 1995, the Committee of the Whole proceeded with 20 minutes of debate on the Tate amendment.
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Considered as unfinished business. (consideration: CR H2182-2210)
Committee of the Whole House on the state of the Union rises leaving H.R. 450 as unfinished business.
On motion that the Committee rise Agreed to by voice vote.
Mr. Clinger moved that the Committee rise.
DEBATE - Pursuant to a previous unanimous consent agreement, the Committee of the Whole proceeded with 20 minutes of debate.
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Considered as unfinished business.
Committee of the Whole House on the state of the Union rises leaving H.R. 450 as unfinished business.
On motion that the committee rise Agreed to by voice vote.
Mr. Clinger moved that the committee rise.
DEBATE - Pursuant to the previous unanimous consent agreement, the Committee of the Whole proceeded with 20 minutes of debate on the Norton amendment, and all amendments thereto.
DEBATE - Pursuant to the previous unanimous consent agreement, the Committee of the Whole proceeded with 30 minutes of debate on the Collins amendment.
DEBATE - Pursuant to the previous unanimous consent agreement, the Committee of the Whole proceeded with 30 minutes of debate on the Waxman amendment.
DEBATE - Pursuant to the previous unanimous consent agreement, the Committee of the Whole proceeded with 30 minutes of debate on the Spratt amendment.
DEBATE - Pursuant to the previous unanimous consent agreement, the Committee of the Whole proceeded with 20 minutes of debate on the Burton amendment.
DEBATE - Pursuant to a previous unanimous consent agreement, the Committee of the Whole proceeded with 30 minutes of debate on the amendments offered by Ms. Collins (IL) for Mr. Kanjorski.
DEBATE - Pursuant to the previous unanimous consent agreement, the Committee of the Whole proceeded with 40 minutes of debate on the Condit amendment.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.
The Speaker designated the Honorable Ray LaHood to act as Chairman of the Committee.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 93 and Rule XXIII.
Rule provides for consideration of H.R. 450 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is open to amendments. It shall be in order to consider as an original bill for the purpose of amendment the amendment in the nature of a substitute recommended by the Committee on Government Reform and Oversight now printed in the bill. The bill shall be considered for amendment under the five-minute rule for a period not to exceed ten hours.
CONSIDERATION OF AMENDMENTS - Mr. Clinger asked further unanimous consent that the following amendments and all amendments thereto be debatable for the time specified, and that the Chairman of the Committee of the Whole be authorized to postpone requests for recorded votes on any of the following amendments until the conclusion of debate on all said amendments, and that the Chair may reduce to a minimum of 5 minutes within which a recorded vote, if ordered, may be taken on the amendments following the first vote in a series of votes: Mr. Wise (No. 38), 30 minutes; Mr. Green (No. 20), 20 minutes; Mr. Waxman (No. 35), 20 minutes; Mr. Fattah (either No. 3 or 4), 10 minutes; and Mr. Volkmer (No. 34), 10 minutes. Agreed to without objection.
CONSIDERATION OF AMENDMENTS - Mr. Clinger asked unanimous consent that during consideration of H.R. 450 in the Committee of the Whole, subject to the limit of 10 hours for consideration, that the following amendments and all amendments thereto be debatable for the time specified: Mr. Condit or Combest (No. 18), 40 minutes; Mr. Kanjorski (Nos. 21 and 22), 30 minutes; Ms. Slaughter (No. 28), 30 minutes; Mr. Burton (either No. 5 or 6), 20 minutes; Mr. Spratt (No. 30), 30 minutes; Mr. Waxman (either No. 36 or 37), 30 minutes; Mrs. Collins (IL) (No. 7), 30 minutes; Ms. Norton (either No. 25 or 26), 20 minutes; Mr. Tate, 20 minutes; Mr. Hayes, 20 minutes. Agreed to without objection.
Considered under the provisions of rule H. Res. 93. (consideration: CR H2087-2144)
Rule H. Res. 93 passed House.
Rules Committee Resolution H. Res. 93 Reported to House. Rule provides for consideration of H.R. 450 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is open to amendments. It shall be in order to consider as an original bill for the purpose of amendment the amendment in the nature of a substitute recommended by the Committee on Government Reform and Oversight now printed in the bill. The bill shall be considered for amendment under the five-minute rule for a period not to exceed ten hours.
Reported (Amended) by the Committee on Government Reform. H. Rept. 104-39, Part I. Filed late, pursuant to previous special order.
Reported (Amended) by the Committee on Government Reform. H. Rept. 104-39, Part I. Filed late, pursuant to previous special order.
Mr. Clinger asked unanimous consent that the Committee on Government Reform have until midnight on Feb. 16 to file a report on H.R. 450. Agreed to without objection.
Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 13.
Committee Consideration and Mark-up Session Held.
Committee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 10 - 4.
Subcommittee Consideration and Mark-up Session Held.
Field Hearing Held in Fairfax, Virginia.
Referred to the Subcommittee on Commercial and Administrative Law.
Subcommittee Hearings Held.
Referred to the Subcommittee on National Economic Growth, Natural Resources and Regulatory Affairs.
Referred to the Committee on Government Reform and Oversight, and in addition to the Committee on the Judiciary, 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 Oversight, and in addition to the Committee on the Judiciary, 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 Oversight, and in addition to the Committee on the Judiciary, 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.
Introduced in House
Introduced in House
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Analyze H.R.450 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.
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