H.R. 2401 - Transparency in Regulatory Analysis of Impacts on the Nation Act of 2011

Transparency in Regulatory Analysis of Impacts on the Nation Act of 2011

H.R. 2401 — 112^th Congress (2011–2012)

Summary

To require analyses of the cumulative and incremental impacts of certain rules and actions of the Environmental Protection Agency, and for other purposes. (by CRS)

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Title

To require analyses of the cumulative and incremental impacts of certain rules and actions of the Environmental Protection Agency, and for other purposes.

Other Titles

• Transparency in Regulatory Analysis of Impacts on the Nation Act of 2011
• Transparency in Regulatory Analysis of Impacts on the Nation Act of 2011
• Transparency in Regulatory Analysis of Impacts on the Nation Act of 2011

Sponsor

John Sullivan

Co-Sponsors

• Steve Austria
• Spencer Bachus
• Brian Bilbray
• Jo Bonner
• Larry Bucshon
• Shelley Capito
• Jim Costa
• Scott DesJarlais
• Sean Duffy
• John Duncan
• Jo Ann Emerson
• Blake Farenthold
• Jeff Flake
• Brett Guthrie
• Gregg Harper
• Tim Holden
• Tim Huelskamp
• Timothy Johnson
• Adam Kinzinger
• Robert Latta
• Jim Matheson
• David McKinley
• Cathy McMorris Rodgers
• Sue Myrick
• Alan Nunnelee
• Pete Olson
• Mike Pompeo
• Dennis Rehberg
• James Renacci
• Reid Ribble
• Harold Rogers
• Mike Rogers
• Todd Rokita
• Thomas Rooney
• Peter Roskam
• Mike Ross
• Steve Scalise
• John Shimkus
• Adrian Smith
• Lee Terry
• Michael Turner
• Fred Upton
• Greg Walden
• Ed Whitfield

Subjects

• Environmental protection
• Administrative law and regulatory procedures
• Advisory bodies
• Air quality
• Appropriations
• Climate change and greenhouse gases
• Coal
• Competitiveness, trade promotion, trade deficits
• Economic performance and conditions
• Electric power generation and transmission
• Energy prices
• Energy storage, supplies, demand
• Environmental Protection Agency (EPA)
• Environmental health
• Environmental regulatory procedures
• Government investigations
• Hazardous wastes and toxic substances
• Industrial facilities
• Manufacturing
• Motor vehicles
• Small business
• Solid waste and recycling
• Unemployment
• Water quality

Related Bills

• H.Res. 406 (112^th) : Providing for Consideration of the Bill (H.R. 2401) to Require Analyses of the Cumulative and Incremental Impacts of Certain Rules and Actions of the Environmental Protection Agency, and for Other Purposes.
• H.R. 1705 (112^th) : Transparency in Regulatory Analysis of Impacts on the Nation Act of 2011
• H.R. 3409 (112^th) : Stop the War on Coal Act of 2012

Major Actions

Introduced	6/24/2011
Referred to Committee
Amendments (12 proposed)
Passed House	9/23/2011

Bill History

• All Votes
• All Actions
• Amendments

	Chamber/Committee	Motion	Date	Result
select this vote	House	Amendment 1 to H.R. 2401	9/23/2011	This amendment DID NOT PASS the House 173 voted YES 236 voted NO 25 voted present/not voting
select this vote	House	Amendment 2 to H.R. 2401	9/23/2011	This amendment DID NOT PASS the House 184 voted YES 229 voted NO 21 voted present/not voting
select this vote	House	Amendment 3 to H.R. 2401	9/23/2011	This amendment PASSED the House 337 voted YES 76 voted NO 21 voted present/not voting
select this vote	House	Amendment 4 to H.R. 2401	9/23/2011	This amendment DID NOT PASS the House 195 voted YES 221 voted NO 18 voted present/not voting
select this vote	House	Amendment 5 to H.R. 2401	9/23/2011	This amendment PASSED the House 269 voted YES 145 voted NO 20 voted present/not voting
select this vote	House	Amendment 6 to H.R. 2401	9/23/2011	This amendment PASSED the House 269 voted YES 150 voted NO 15 voted present/not voting
select this vote	House	Amendment 7 to H.R. 2401	9/23/2011	This amendment DID NOT PASS the House 165 voted YES 254 voted NO 15 voted present/not voting
select this vote	House	Amendment 8 to H.R. 2401	9/23/2011	This amendment DID NOT PASS the House 186 voted YES 232 voted NO 16 voted present/not voting
select this vote	House	Amendment 9 to H.R. 2401	9/23/2011	This amendment PASSED the House 346 voted YES 74 voted NO 14 voted present/not voting
select this vote	House	Amendment 10 to H.R. 2401	9/23/2011	This amendment PASSED the House 234 voted YES 188 voted NO 12 voted present/not voting
select this vote	House	Amendment 11 to H.R. 2401	9/23/2011	This amendment PASSED the House 227 voted YES 192 voted NO 15 voted present/not voting
select this vote	House	Amendment 12 to H.R. 2401	9/23/2011	This amendment DID NOT PASS the House 181 voted YES 237 voted NO 16 voted present/not voting
select this vote	House	On Motion to Recommit with Instructions: H.R. 2401 To require analyses of the cumulative and incremental impacts of certain rules and actions of the Environmental Protection Agency, and for other purposes	9/23/2011	This motion DID NOT PASS the House 180 voted YES 233 voted NO 21 voted present/not voting
currently selected	House	On Passage - House - H.R. 2401 To require analyses of the cumulative and incremental impacts of certain rules and actions of the Environmental Protection Agency, and for other purposes	9/23/2011	This bill PASSED the House 249 voted YES 169 voted NO 16 voted present/not voting

	Action	Date	Description
	Introduced	6/24/2011
		6/24/2011	Referred to the House Committee on Energy and Commerce.
		6/24/2011	Referred to the Subcommittee on Energy and Power.
		7/08/2011	Subcommittee Consideration and Mark-up Session Held.
		7/11/2011	Subcommittee on Energy and Power Discharged.
		7/11/2011	Committee Consideration and Mark-up Session Held.
		7/12/2011	Committee Consideration and Mark-up Session Held.
		7/13/2011	Committee Consideration and Mark-up Session Held.
	Put on a legislative calendar	7/13/2011	Ordered to be Reported (Amended) by the Yeas and Nays: 33 - 13.
		9/15/2011	Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 112-208.
	Put on a legislative calendar	9/15/2011	Placed on the Union Calendar, Calendar No. 136.
		9/20/2011	Rules Committee Resolution H. Res. 406 Reported to House. Rule provides for consideration of H.R. 2401 with 2 hours of general debate. Motion to recommit with or without installowed. Measure will be considered read. A specified amendment is in order. The resolution waives all points of order against consideration of the bill. The resolution provides that the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill shall be considered as an original bill for the purpose of amendment. The resolution makes in order only those amendments printed in this report and shall be debatable for the time specified in this report.
		9/22/2011	Rule H. Res. 406 passed House.
		9/22/2011	Considered under the provisions of rule H. Res. 406.
		9/22/2011	Rule provides for consideration of H.R. 2401 with 2 hours of general debate. Motion to recommit with or without installowed. Measure will be considered read. A specified amendment is in order. The resolution waives all points of order against consideration of the bill. The resolution provides that the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill shall be considered as an original bill for the purpose of amendment. The resolution makes in order only those amendments printed in this report and shall be debatable for the time specified in this report.
		9/22/2011	House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 406 and Rule XVIII.
		9/22/2011	The Speaker designated the Honorable Steve Womack to act as Chairman of the Committee.
		9/22/2011	GENERAL DEBATE - The Committee of the Whole proceeded with two hours of general debate on H.R. 2401.
		9/22/2011	The Chair announced that all general debate for H.R. 2401 had expired.
		9/22/2011	Mr. Whitfield moved to rise.
		9/22/2011	On motion to rise Agreed to by voice vote.
		9/22/2011	Committee of the Whole House on the state of the Union rises leaving H.R. 2401 as unfinished business.
		9/23/2011	Considered as unfinished business.
		9/23/2011	The House resolved into Committee of the Whole House on the state of the Union for further consideration.
		9/23/2011	DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 10 minutes of debate on the Welch (VT) amendment No. 1.
		9/23/2011	POSTPONED PROCEEDINGS - At the conclusion of debate on the Welch (VT) amendment No. 1, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. McNerney demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
		9/23/2011	DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 10 minutes of debate on the McNerney amendment No. 2.
		9/23/2011	POSTPONED PROCEEDINGS - At the conclusion of debate on the McNerney amendment No. 2, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. McNerney demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
		9/23/2011	DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 10 minutes of debate on the Moore amendment No. 3.
		9/23/2011	POSTPONED PROCEEDINGS - At the conclusion of debate on the Moore amendment No. 3, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Ms. Moore demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
		9/23/2011	DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 10 minutes of debate on the Capps amendment No. 4.
		9/23/2011	POSTPONED PROCEEDINGS - At the conclusion of debate on the Capps amendment No. 4, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Capps demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
		9/23/2011	DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 10 minutes of debate on the Kinzinger amendment No. 5.
		9/23/2011	POSTPONED PROCEEDINGS - At the conclusion of debate on the Kinzinger amendment No. 5, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Rush demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
		9/23/2011	The Committee of the Whole rose informally to receive a Senate message.
		9/23/2011	The Committee of the Whole resumed its sitting.
		9/23/2011	DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 10 minutes of debate on the Dent amendment No. 6.
		9/23/2011	POSTPONED PROCEEDINGS - At the conclusion of debate on the Dent amendment No. 6, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Rush demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
		9/23/2011	DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 10 minutes of debate on the Hastings (FL) amendment No. 7.
		9/23/2011	POSTPONED PROCEEDINGS - At the conclusion of debate on the Hastings (FL) amendment No. 7, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Hastings (FL) demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
		9/23/2011	DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 10 minutes of debate on the Connolly (VA) No. 8.
		9/23/2011	POSTPONED PROCEEDINGS - At the conclusion of debate on the Connolly amendment No. 8, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Connolly (VA) demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
		9/23/2011	DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee (TX) amendment No. 9.
		9/23/2011	POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson Lee (TX) amendment No. 9, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Ms. Jackson Lee (TX) demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
		9/23/2011	DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 10 minutes of debate on the Whitfield (KY) amendment No. 10.
		9/23/2011	POSTPONED PROCEEDINGS - At the conclusion of debate on the Whitfield (KY) amendment No. 10, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Waxman demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
		9/23/2011	DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 10 minutes of debate on the Latta amendment No. 11.
		9/23/2011	POSTPONED PROCEEDINGS - At the conclusion of debate on the Latta amendment No. 11, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Latta demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
		9/23/2011	DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 10 minutes of debate on the Richardson amendment No. 12.
		9/23/2011	POSTPONED PROCEEDINGS - At the conclusion of debate on the Richardson amendment No. 12, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Richardson demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
		9/23/2011	UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
		9/23/2011	The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2401.
		9/23/2011	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.
		9/23/2011	Ms. McCollum moved to recommit with instructions to Energy and Commerce.
		9/23/2011	DEBATE - The House proceeded with 10 minutes of debate on the McCollum motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House with an amendment to protect Great Lakes drinking water from toxic substances.
		9/23/2011	The previous question on the motion to recommit with instructions was ordered without objection.
		9/23/2011	Motion to reconsider laid on the table Agreed to without objection.
select this vote	Vote	9/23/2011	Amendment 1 to H.R. 2401
select this vote	Vote	9/23/2011	Amendment 2 to H.R. 2401
select this vote	Vote	9/23/2011	Amendment 3 to H.R. 2401
select this vote	Vote	9/23/2011	Amendment 4 to H.R. 2401
select this vote	Vote	9/23/2011	Amendment 5 to H.R. 2401
select this vote	Vote	9/23/2011	Amendment 6 to H.R. 2401
select this vote	Vote	9/23/2011	Amendment 7 to H.R. 2401
select this vote	Vote	9/23/2011	Amendment 8 to H.R. 2401
select this vote	Vote	9/23/2011	Amendment 9 to H.R. 2401
select this vote	Vote	9/23/2011	Amendment 10 to H.R. 2401
select this vote	Vote	9/23/2011	Amendment 11 to H.R. 2401
select this vote	Vote	9/23/2011	Amendment 12 to H.R. 2401
select this vote	Vote	9/23/2011	On Motion to Recommit with Instructions: H.R. 2401 To require analyses of the cumulative and incremental impacts of certain rules and actions of the Environmental Protection Agency, and for other purposes
currently selected	House Vote on Passage	9/23/2011	On Passage - House - H.R. 2401 To require analyses of the cumulative and incremental impacts of certain rules and actions of the Environmental Protection Agency, and for other purposes
		9/23/2011	Amendment (A001) offered by Mr. Welch.
		9/23/2011	Amendment (A002) offered by Mr. McNerney.
		9/23/2011	Amendment (A003) offered by Ms. Moore.
		9/23/2011	Amendment (A004) offered by Mrs. Capps.
		9/23/2011	Amendment (A005) offered by Mr. Kinzinger (IL).
		9/23/2011	Amendment (A006) offered by Mr. Dent.
		9/23/2011	Amendment (A007) offered by Mr. Hastings (FL).
		9/23/2011	Amendment (A008) offered by Mr. Connolly (VA).
		9/23/2011	Amendment (A009) offered by Ms. Jackson Lee (TX).
		9/23/2011	Amendment (A010) offered by Mr. Whitfield.
		9/23/2011	Amendment (A011) offered by Mr. Latta.
		9/23/2011	Amendment (A012) offered by Ms. Richardson.
		9/26/2011	Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

	Number	Sponsor	Date Offered	Status
select this vote	H. Amdt. 790	Welch, Peter [D-VT]	September 23, 2011	Failed by roll call vote on September 23, 2011.
	Amendment sought to add the Chair of the Council on Environmental Quality, the Secretary of Health and Human Services, as well as the Director of the Centers for Disease Control and Prevention, among others, to the interagency council created by the bill. Amendment also sought to direct the committee to look at important health impacts on the most vulnerable subpopulations that would be affected by EPA's proposed rules. Show amendment details
select this vote	H. Amdt. 791	McNerney, Jerry [D-CA9]	September 23, 2011	Failed by roll call vote on September 23, 2011.
	Amendment sought to add the effect on clean energy jobs and clean energy companies, including those that export clean energy technology, to the items to be considered in the analyses required by the bill. Show amendment details
select this vote	H. Amdt. 792	Moore, Gwen [D-WI4]	September 23, 2011	Passed by roll call vote on September 23, 2011.
	Amendment ensures that the study will analyze the impact that a rule or action could have on low-income communities and public health. Show amendment details
select this vote	H. Amdt. 793	Capps, Lois [D-CA24]	September 23, 2011	Failed by roll call vote on September 23, 2011.
	Amendment sought to require the committee to include in its analyses an estimate of the incidence of birth and developmental defects and infant mortality that would result from a delay to covered rules and covered actions under the bill. Show amendment details
select this vote	H. Amdt. 794	Kinzinger, Adam [R-IL16]	September 23, 2011	Passed by roll call vote on September 23, 2011.
	Amendment adds upcoming EPA gasoline regulations to the list of measures to be analyzed for their cumulative impact on energy prices, jobs, and American competitiveness. Show amendment details
select this vote	H. Amdt. 795	Dent, Charles [R-PA15]	September 23, 2011	Passed by roll call vote on September 23, 2011.
	Amendment adds the U.S. Environmental Protection Agency's (EPA) National Emission Standards for Hazardous Air Pollutants (NESHAP) from the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants to the Covered Rules within the bill. Show amendment details
select this vote	H. Amdt. 796	Hastings, Alcee [D-FL20]	September 23, 2011	Failed by roll call vote on September 23, 2011.
	Amendment sought to exclude from the committee's jurisdiction all rules and regulations that undergo a cost-benefit analysis as a part of existing regulatory requirements. Show amendment details
select this vote	H. Amdt. 797	Connolly, Gerald [D-VA11]	September 23, 2011	Failed by roll call vote on September 23, 2011.
	Amendment sought to establish a process to identify policies which should be adopted and implemented by the United States to provide domestic job growth in the clean energy sector. Show amendment details
select this vote	H. Amdt. 798	Jackson Lee, Sheila [D-TX18]	September 23, 2011	Passed by roll call vote on September 23, 2011.
	Amendment extends the public comment period from 90 days to 120 days. Show amendment details
select this vote	H. Amdt. 799	Whitfield, Ed [R-KY1]	September 23, 2011	Passed by roll call vote on September 23, 2011.
	Amendment provides that the Cross State Air Pollution Rule has no legal force or effect, and directs EPA to continue to apply the Clean Air Interstate Rule (CAIR) for at least 3 years until after the study in the underlying bill is complete. Amendment also requires that the proposed Utility Maximum Achievable Control Technology (MACT) rule has no legal force and effect and that any subsequent Utility MACT rule be issued no sooner than 1 year after the study in the underlying bill is complete. If reissuing the rule, EPA is required to ensure that MACT standards are achievable in practice and that the compliance period is at least 5 years. Show amendment details
select this vote	H. Amdt. 800	Latta, Robert [R-OH5]	September 23, 2011	Passed by roll call vote on September 23, 2011.
	Amendment requires the EPA's administrator to consider the implementation costs and feasibility of compliance when setting National Ambient Air Quality Standards (NAAQS). Show amendment details
select this vote	H. Amdt. 801	Richardson, Laura [D-CA37]	September 23, 2011	Failed by roll call vote on September 23, 2011.
	Amendment sought to strike the offset provision of H.R. 2401, which would reduce funding to the Diesel Emission Reductions Act. Show amendment details