[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1209 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1209

 To provide for the defense of the environment, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 1997

 Mr. Waxman (for himself, Mr. Gephardt, and Mr. Miller of California) 
 introduced the following bill; which was referred to the Committee on 
Rules, 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

_______________________________________________________________________

                                 A BILL


 
 To provide for the defense of the environment, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Defense of the Environment Act of 
1997''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that provisions that reduce 
protection of the environment have been included in legislation without 
adequate consideration and an opportunity for Members to vote on the 
provisions and have been included in major rules adopted by Federal 
agencies without adequate analysis.
    (b) Purpose.--The purposes of this Act are to--
            (1) require Members of Congress to vote in House of 
        Representatives and the Senate on provisions included in 
        legislation that reduce protection of the environment; and
            (2) require the Office of Management and Budget to ensure 
        that an adequate analysis is conducted for provisions included 
        in major rules that reduce protection of the environment.

SEC. 3. APPLICABLE PROVISIONS.

    (a) In General.--This Act shall apply to any provision in a bill, 
joint resolution, amendment, or conference report before Congress, or 
in any major rule, that reduces protection of the environment.
    (b) Provisions Reducing Protection.--A provision shall be 
considered to reduce protection of the environment if the provision 
meets the criteria of one or more of the following paragraphs:
            (1) Defense of clean air and water.--The provision may 
        allow increased pollution of ambient air, indoor air, surface 
        water, ground water, the oceans, or other terrestrial or 
        aquatic resources.
            (2) Defense of national parks and public lands.--The 
        provision may--
                    (A) cause adverse impacts on the environmental 
                quality of national parks or other public lands, 
                including the effect of decreasing the quantity or 
                quality of outdoor educational or recreational 
                opportunities on such lands; or
                    (B) diminish protection of species that may be 
                endangered.
            (3) Defense of children's environmental health.--The 
        provision may increase children's exposure to environmental 
        contaminants and other environmental risks.
    (c) Other Provisions.--A provision shall also be considered to 
reduce protection of the environment if the provision may have the 
effect of shielding any violators of environmental laws from penalties 
or limiting judicial review of agency action under the authority of any 
environmental law.
    (d) Baseline for Effects.--The baseline for determining the effects 
of a provision described in subsection (b) or (c) shall be the 
circumstances that would exist if the provision were not enacted.

SEC. 4. DUTIES OF CONGRESSIONAL COMMITTEES.

    (a) In General.--When a committee of the House of Representatives 
or Senate or a committee of conference reports a bill or joint 
resolution of public character that includes any provision that reduces 
protection of the environment, the report of the committee accompanying 
the bill or joint resolution (or the statement of managers accompanying 
the conference report) shall contain each of the following:
            (1) An identification and description of any provision in 
        the bill or joint resolution or conference report that reduces 
        protection of the environment.
            (2) A qualitative and, if practicable, a quantitative 
        assessment of the extent of the reduction in protection of the 
        environment.
            (3) A description of the actions, if any, taken by the 
        committee to avoid the reduction in protection of the 
        environment.
            (4) Any statement received under section 5.

SEC. 5. DUTIES OF THE COMPTROLLER GENERAL.

    (a) Statement.--For each bill or joint resolution of a public 
character reported by any committee of the House of Representatives or 
the Senate, and for each report by a committee of conference, the 
Comptroller General of the United States, upon a request of the 
committee or a majority of the members of the minority party or 
majority party of the committee, shall, prior to the filing of the 
report, prepare and submit to the committee a statement assessing the 
extent to which the provisions of the bill, joint resolution, or 
conference report reduce protection of the environment.
    (b) Assistance to Committees and Studies.--At the request of any 
committee of the Senate or the House of Representatives, the 
Comptroller General shall, to the extent practicable, consult with and 
assist such committee in assessing the extent to which the provisions 
of a bill, joint resolution, or conference report reduce the protection 
of the environment.

SEC. 6. DUTIES OF OFFICE OF MANAGEMENT AND BUDGET.

    (a) In General.--The Director of the Office of Management and 
Budget shall ensure that, before proposing or promulgating any major 
rule, the department or agency of the United States responsible for 
such rule has conducted an analysis that contains each of the 
following:
            (1) An identification and description of any provision in 
        the rule that reduces protection of the environment.
            (2) A qualitative and, if practicable, a quantitative 
        assessment of the extent of the reduction in protection of the 
        environment.
            (3) A description of the actions, if any, taken by the 
        department or agency to avoid the reduction in protection of 
        the environment.
    (b) Notice.--In proposing or promulgating any major rule, the 
department or agency of the United States responsible for such rule 
shall include in the Federal Register, together with notice of such 
proposal or promulgation, a detailed summary of the analysis conducted 
under subsection (a).
    (c) Definition of Major Rule.--For purposes of this section the 
term ``major rule'' shall have the same meaning as when used in 
Executive Order No. 12866.

SEC. 7. LEGISLATION SUBJECT TO POINT OF ORDER.

    (a) In General.--It shall not be in order in the House of 
Representatives or the Senate to consider any bill, joint resolution, 
or conference report that is reported by a committee unless the 
committee has complied with section 4.
    (b) Procedure in the House of Representatives.--It shall not be in 
order in the House of Representatives to consider a rule or order that 
waives the application of subsection (a).

SEC. 8. DEBATE ON PROVISIONS REDUCING PROTECTION.

    (a) Amendment of House Rules.--Rule XVI of the Rules of the House 
of Representatives is amended by adding at the end the following:
    ``(11) Notwithstanding the adoption of any rule or motion to limit 
or close debate it shall always be in order, as question of high 
privilege, to move to strike from any bill, joint resolution, or 
amendment any provision that reduces protection of the environment 
(within the meaning of section 3 of the Defense of the Environment Act 
of 1997). Such motion shall take precedence over a motion for the 
previous question on such bill, joint resolution, or amendment and it 
shall be in order to debate any such motion for 40 minutes, one-half of 
such time shall be given to debate in favor of, and one-half of such 
times in opposition to, such motion.''.
    (b) Vote in Senate.--Notwithstanding the adoption of any rule or 
motion to limit or close debate it shall always be in order, as 
question of high privilege in the Senate, to move to strike from any 
bill, joint resolution, amendment, or conference report any provision 
that reduces protection of the environment (within the meaning of 
section 3 of the Defense of the Environment Act of 1997). Such motion 
shall take precedence over a motion for the previous question on such 
bill, joint resolution, amendment, or conference report, and it shall 
be in order to debate any such motion for 40 minutes, one-half of such 
time shall be given to debate in favor of, and one-half of such times 
in opposition to, such motion.
    (c) Conference Reports and Senate Amendments.--
            (1) Conference reports.--Clause (4) of Rule XXVIII of the 
        Rules of the House of Representatives is amended as follows:
                    (A) In subsection (a) after ``if such matter has 
                been offered as an amendment in the House'' by 
                inserting ``or containing any provision that reduces 
                protection of the environment (within the meaning of 
                section 3 of the Defense of the Environment Act of 
                1997)''.
                    (B) In subsections (a), (b), and (c), by striking 
                out ``nongermane matter'' in each place it appears and 
                inserting ``matter or provision''.
            (2) Senate amendments.--Clause (5) of Rule XXVII of the 
        Rules of the House of Representatives is amended as follows:
                    (A) In subsection (a) after ``if such matter had 
                been offered as an amendment in the House'' by 
                inserting ``or that reduces protection of the 
                environment (within the meaning of section 3 of the 
                Defense of the Environment Act of 1997)''.
                    (B) In subsections (a), (b), and (c), by striking 
                out ``nongermane matter'' in each place it appears and 
                inserting ``matter or provision''.
    (d) Exercise of Rulemaking Powers.--The provisions of this section 
and sections 4 and 7 are enacted by Congress--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives and the Senate, respectively, and as such they 
        shall be considered as part of the rules of such House, 
        respectively, and such rules shall supersede other rules only 
        to the extent that they are inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        either House to change such rules (so far as relating to such 
        House) at any time, in the same manner, and to the same extent 
        as in the case of any other rule of each House.

SEC. 9. EFFECTIVE DATE.

    This Act shall take effect on the date of enactment.
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