H. Res. 33: H.R. 5 – Regulatory Accountability Act of 2017; H.R. 79 – Helping Angels Lead Our Startups Act (HALOS Act)
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COMMITTEE ACTION: REPORTED BY VOICE VOTE on Monday, January 9, 2016. FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 233-183 AFTER ORDERING THE PREVIOUS QUESTION BY A RECORD VOTE OF 234-179 on Tuesday, January 10, 2017. |
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MANAGERS: Polis/Collins |
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115th Congress 1st Session |
H.R. 5 – Regulatory Accountability Act of 2017
H.R. 79 – Helping Angels Lead Our Startups Act (HALOS Act)
- Structured rule for H.R. 5.
- Provides one hour of general debate equally divided and controlled by the Majority Leader and the Minority Leader or their respective designees.
- Waives all points of order against consideration of the bill.
- Provides that the bill shall be considered as read.
- Waives all points of order against provisions in the bill.
- Makes in order only those amendments printed in part A of the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
- Waives all points of order against the amendments printed in Part A of the report.
- Provides one motion to recommit with or without instructions.
- Structured rule for H.R. 79.
- Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Financial Services or their respective designees
- Waives all points of order against consideration of the bill.
- Provides that the bill shall be considered as read.
- Waives all points of order against provisions in the bill.
- Makes in order only those amendments printed in part B of the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
- Waives all points of order against the amendments printed in part B of the report.
- Provides one motion to recommit with or without instructions.
RESOLUTION
Resolved, That at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 5) to reform the process by which Federal agencies analyze and formulate new regulations and guidance documents, to clarify the nature of judicial review of agency interpretations, to ensure complete analysis of potential impacts on small entities of rules, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the Majority Leader and the Minority Leader or their respective designees. After general debate the bill shall be considered for amendment under the five-minute rule. The bill shall be considered as read. All points of order against provisions in the bill are waived. No amendment to the bill shall be in order except those printed in part A of the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.
Sec. 2. At any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 79) to clarify the definition of general solicitation under Federal securities law. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Financial Services or their respective designees. After general debate the bill shall be considered for amendment under the five-minute rule. The bill shall be considered as read. All points of order against provisions in the bill are waived. No amendment to the bill shall be in order except those printed in part B of the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.
SUMMARY OF AMENDMENTS TO H.R. 5 IN PART A PROPOSED TO BE MADE IN ORDER
(summaries derived from information provided by sponsors)
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Sponsor |
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Description |
Debate Time |
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Revises section 2 of title II of the bill to restrain unwarranted interpretation of ambiguous statutes to find implied delegations of legislative rulemaking authority, and of ambiguous statutes and regulations to expansively extend agency authority. |
(10 minutes) |
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Establishes a time line by which the Office of Information and Regulatory Affairs must issue guidelines under title I of the bill. |
(10 minutes) |
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Requires an agency to include an economic assessment or a summary of it when an agency certifies that a proposed rule will not have a "significant economic impact on a substantial number of small entities" under the Regulatory Flexibility Act. This will ensure an agency's decision to certify a rule and not conduct a full regulatory flexibility analysis is supported by data. |
(10 minutes) |
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(REVISED) Strikes Title III of the bill and replaces it with alternative language that reforms the Regulatory Flexibility Act to reduce the burden of regulations on small businesses. |
(10 minutes) |
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(LATE) Prohibits agencies from impartially communicating with the public in order to generate support or opposition to a proposed rule. |
(10 minutes) |
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(REVISED) Provides agency accountability of major rules by requiring retrospective review and report. |
(10 minutes) |
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Allows for sufficient time (at least 90 days) for affected entities to take steps to comply with issued guidance. |
(10 minutes) |
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(LATE) Ensures that any rule intended to protect public health and welfare is exempted from the requirements of this act. |
(10 minutes) |
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Provides for the prevention of the transmission of foodborne illness or to meet preventive-control requirements for food safety. |
(10 minutes) |
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Exempts rules that significantly improve the employment, retention, and wages of workforce participants, especially those with significant barriers to employment, such as persons with disabilities or limited English proficiency. |
(10 minutes) |
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(LATE) Exempts rules pertaining to the safety of children's products or toys. |
(10 minutes) |
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Exempts from this bill a rule which pertains to workplace health and safety and that is necessary to prevent or reduce the incidence of traumatic injury, cancer or irreversible lung disease at mining facilities which are subject to the Federal Mine Safety and Health Act of 1977 (30 USC 801, et seq) or workplaces which are subject to the Occupational Safety and Health Act (29 USC 651 et seq). |
(10 minutes) |
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(LATE) Ensures that any rules made under the "Frank R. Lautenberg Chemical Safety for the 21st Century Act," are exempted from this act. |
(10 minutes) |
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Strikes language that would require the Forest Service and the Bureau of Land Management to perform regulatory flexibility analyses for forest and land management plans. |
(10 minutes) |
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Requires analyses conducted under Title III of the bill to include direct and indirect benefits as well as direct and indirect costs. |
(10 minutes) |
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(LATE) Requires federal agencies to report on influential scientific information and associated peer reviews disseminated or to be disseminated in a rulemaking proceeding. |
(10 minutes) |
SUMMARY OF AMENDMENTS TO H.R. 79 IN PART B PROPOSED TO BE MADE IN ORDER
(summaries derived from information provided by sponsors)
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Sponsor |
# |
Description |
Debate Time |
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(REVISED) Requires the event sponsor to provide attendees with a written disclosure outlining the nature of the event and the risks of investing in the securities for sale. It would also clarify that attendance at an event does not in itself does not establish a pre-existing relationship for purposes of Rule 506(b). |
(10 minutes) |
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Limits the types of fees "demo day" sponsors can collect and requires an issuer to be a real business. |
(10 minutes) |
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