[House Report 110-349]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-349

======================================================================

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2693) TO DIRECT THE 
   OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION TO ISSUE A STANDARD 
                 REGULATING WORKER EXPOSURE TO DIACETYL

                                _______
                                

 September 25, 2007.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Ms. Sutton, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 678]

    The Committee on Rules, having had under consideration 
House Resolution 678, by a record vote of 7-3, with one member 
voting present, report the same to the House with the 
recommendation that the resolution be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 2693, the 
Popcorn Workers Lung Disease Prevention Act, under a structured 
rule. The rule provides one hour of general debate equally 
divided and controlled by the chairman and ranking minority 
member of the Committee on Education and Labor. The rule waives 
all points of order against consideration of the bill except 
clauses 9 and 10 of rule XXI. The rule provides that the 
amendment in the nature of a substitute recommended by the 
Committee on Education and Labor now printed in the bill shall 
be considered as an original bill for the purpose of amendment 
and shall be considered as read. All points of order against 
the committee amendment in the nature of a substitute are 
waived except clause 10 of rule XXI.
    The rule makes in order only those amendments printed in 
this report. The amendments made in order may be offered only 
in the order printed in this report, may be offered only by a 
Member designated in this report, shall be considered as read, 
shall be debatable for the time specified in this 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 a division of the question in the House 
or in the Committee of the Whole. All points of order against 
the amendments except for clauses 9 and 10 of rule XXI are 
waived. The rule provides one motion to recommit with or 
without instructions. The rule provides that, notwithstanding 
the operation of the previous question, the Chair may postpone 
further consideration of the bill to a time designated by the 
Speaker.

                         EXPLANATION OF WAIVERS

    The rule waives all points of order against consideration 
of the bill (except for clauses 9 and 10 of rule XXI) and 
against the committee amendment in the nature of a substitute 
(except for clause 10 of rule XXI). The waiver of all points of 
order against the amendment in the nature of a substitute 
includes a waiver of clause 7 of rule XVI, relating to 
germaneness.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 315

    Date: September 25, 2007.
    Measure: H.R. 2693.
    Motion by: Mr. Hastings (WA).
    Summary of motion: To grant an open rule.
    Results: Defeated 3-8.
    Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Cardoza--
Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; 
Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; Slaughter--
Nay.

Rules Committee record vote No. 316

    Date: September 25, 2007.
    Measure: H.R. 2693.
    Motion by: Mr. Dreier.
    Summary of motion: To add clause 9 of rule XXI to the 
exception of waivers against the committee amendment in the 
nature of a substitute.
    Results: Defeated 3-8.
    Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Cardoza--
Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; 
Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; Slaughter--
Nay.

Rules Committee record vote No. 317

    Date: September 25, 2007.
    Measure: H.R. 2693.
    Motion by: Hastings (FL).
    Summary of motion: To report the rule.
    Results: Adopted 7-3, with one member voting present.
    Vote by Members: Hastings (FL)--Yea; Matsui--Yea; Cardoza--
Pres; Welch--Yea; Castor--Yea; Arcuri--Yea; Sutton--Yea; 
Dreier--Nay; Diaz-Balart--Nay; Hastings (WA)--Nay; Slaughter--
Yea.

           SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE

    Miller, George (CA) Manager's Amendment. The amendment 
clarifies that a standard will only be needed if diacetyl is 
still in use. Second, it clarifies that Section 4, calling for 
a NIOSH study, applies to potential substitutes for diacetyl. 
(10 minutes)
    Wilson, Joe (SC). The amendment requires the Occupational 
Safety and Health Administration to wait until the National 
Institute for Occupational Safety and Health (NIOSH) concludes 
there is sufficient data to support a recommended exposure 
limit and establishes such recommended exposure limit before 
issuing a final standard. (10 minutes)

            TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE

   1. An Amendment To Be Offered by Representative George Miller of 
         California, or His Designee, Debatable for 10 Minutes

  Page 6, line 21, insert ``, if at such time, diacetyl is 
still being processed or utilized in facilities subject to such 
Act'' after ``diacetyl''.
  Page 7, line 5, strike ``of'' and insert ``for''.
  Page 7, line 7, strike ``used in the production'' and all 
that follows through ``NIOSH'' and insert ``that may be used as 
substitutes for diacetyl and''.
  Page 7, strike lines 13 through 18 and insert the following:
  (b) Construction.--Nothing in this section shall be construed 
as affecting the timing of the rulemaking outlined in section 
2.
                              ----------                              


    2. An Amendment To Be Offered by Representative Wilson of South 
          Carolina, or His Designee, Debatable for 10 Minutes

  Page 6, line 18, strike ``the date of enactment of this 
Act,'' and insert ``the National Institute for Occupational 
Safety and Health concludes there is sufficient data to support 
a recommended exposure limit and establishes such recommended 
exposure limit,''.

                                  
