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Regulatory Transition Act of 1995

Message on Senate action sent to the House.

Official summary

Version 36 · Passed House amended · May 17, 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.

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Who introduced it

Sen. Nickles, Don [R-OK] · R–OK

Committees

  • Judiciary Committee
  • Homeland Security and Governmental Affairs Committee
37 cosponsorship records, including any withdrawals

Actions

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  1. Message on Senate action sent to the House.

  2. Message on Senate action sent to the House.

  3. Senate disagreed to House amendment requested conference and appointed conferees. Stevens; Nickles; Thompson; Grassley; Glenn; Levin; Reid.

  4. Message on House action received in Senate and at the desk: House amendment to Senate bill.

  5. Motion to reconsider laid on the table Agreed to without objection.

  6. On passage Passed without objection.

  7. Passed/agreed to in House: On passage Passed without objection.

  8. The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 450.

  9. Considered by motion. (consideration: CR H5097-5106)

  10. On motion to consider Agreed to by voice vote.

  11. The previous question on the motion to consider was ordered pursuant to the rule.

  12. DEBATE - Pursuant to the previous unanimous consent agreement, the House proceeded with one hour of debate on the motion.

  13. Mr. Clinger moved to consider take S. 219 from the Speaker's table, to strike all after the enacting clause and insert the text of H.R. 450 as passed by the House.

  14. Mr. Clinger asked unanimous consent that it be in order to consider in the House a motion to take from the Speaker's table and to strike all after the enacting clause and insert in lieu the text of the bill H.R. 450, as passed by the House; that the motion be debatable for one hour; and that the previous question be ordered on the motion to final adoption without intervening motion except one motion to commit. Agreed to without objection.

  15. Rules Committee Resolution H. Res. 148 Reported to House. Rule provides for consideration of S. 219 with 1 hour of general debate. Motion to recommit allowed. Making in order a motion to take the bill S. 219 from the Speaker's table, and to strike all after the enacting clause of the Senate bill, and insert the text of H.R. 450 as passed by the House.

  16. Held at the desk.

  17. Received in the House.

  18. Message on Senate action sent to the House.

  19. Passed Senate with an amendment by Yea-Nay Vote. 100-0. Record Vote No: 117. (consideration: CR S4758)

    Senate roll call 117 · Individual votes
  20. Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 100-0. Record Vote No: 117.(consideration: CR S4758)

    Senate roll call 117 · Individual votes
  21. The committee substitute as amended agreed to by Voice Vote.

  22. The amendment SP 415 as previously agreed to was modified by Unanimous Consent.

  23. The amendment SP 414 as previously agreed to was modified by Unanimous Consent.

  24. The amendment SP 412 as previously agreed to was modified by Unanimous Consent.

  25. The amendment SP 413 as previously agreed to was modified by Unanimous Consent.

  26. Measure laid before Senate by unanimous consent. (consideration: CR S4686-4691, S4695-4709, S4711-4715)

  27. Sponsor introductory remarks on measure. (CR S4604-4605)

  28. Placed on Senate Legislative Calendar under General Orders. Calendar No. 33.

  29. Committee on Governmental Affairs. Reported to Senate by Senator Roth with an amendment in the nature of a substitute. With written report No. 104-15. Minority views filed.

  30. Committee on Governmental Affairs. Reported to Senate by Senator Roth with an amendment in the nature of a substitute. With written report No. 104-15. Minority views filed.

  31. Committee on Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

  32. Committee on Governmental Affairs. Committee consideration and Mark Up Session held.

  33. Sponsor introductory remarks on measure. (CR S3076-3080)

  34. Committee on Governmental Affairs. Hearings held. Hearings printed: S.Hrg. 104-372.

  35. Read twice and referred to the Committee on Governmental Affairs.

  36. Sponsor introductory remarks on measure. (CR S908-909)

  37. Introduced in Senate

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