[House Report 113-373]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-373
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3826) TO PROVIDE
DIRECTION TO THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY
REGARDING THE ESTABLISHMENT OF STANDARDS FOR EMISSIONS OF ANY
GREENHOUSE GAS FROM FOSSIL FUEL-FIRED ELECTRIC UTILITY GENERATING
UNITS, AND FOR OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF THE
BILL (H.R. 4118) TO AMEND THE INTERNAL REVENUE CODE OF 1986 TO DELAY
THE IMPLEMENTATION OF THE PENALTY FOR FAILURE TO COMPLY WITH THE
INDIVIDUAL HEALTH INSURANCE MANDATE
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March 4, 2014.--Referred to the House Calendar and ordered to be
printed
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Mr. Burgess, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 497]
The Committee on Rules, having had under consideration
House Resolution 497, by a record vote of 5 to 4, 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. 3826, the
Electricity Security and Affordability Act, under a structured
rule. The resolution provides one hour of general debate
equally divided and controlled by the chair and ranking
minority member of the Committee on Energy and Commerce. The
resolution waives all points of order against consideration of
the bill. The resolution makes in order as original text for
the purpose of amendment an amendment in the nature of a
substitute consisting of the text of Rules Committee Print 113-
40 and provides that it shall be considered as read. The
resolution waives all points of order against that amendment in
the nature of a substitute. The resolution makes in order only
those further amendments printed in this report. Each such
amendment 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 division of
the question in the House or in the Committee of the Whole. The
resolution waives all points of order against the amendments
printed in this report. The resolution provides one motion to
recommit with or without instructions.
Section 2 of the resolution provides for consideration of
H.R. 4118, the Suspending the Individual Mandate Penalty Law
Equals Fairness Act, under a closed rule. The resolution
provides one hour of debate equally divided and controlled by
the chair and ranking minority member of the Committee on Ways
and Means. The resolution waives all points of order against
consideration of the bill. The resolution provides that the
bill shall be considered as read. The resolution waives all
points of order against provisions in the bill. The resolution
provides one motion to recommit.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against
consideration of H.R. 3826, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendment in the nature of a substitute made in order as
original text, the Committee is not aware of any points of
order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in this report, the Committee is not
aware of any points of order. The waiver is prophylactic in
nature.
The waiver of all points of order against consideration of
H.R. 4118 includes a waiver of section 311 of the Congressional
Budget Act of 1974, which prohibits consideration of
legislation that would cause revenues to be less than the level
of total revenues for the first fiscal year or for the total of
that first fiscal year and the ensuing fiscal years for which
allocations are provided.
Although the resolution waives all points of order against
provisions in H.R. 4118, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
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. 112
Motion by Ms. Slaughter to report open rules for H.R. 3826
and H.R. 4118. Defeated: 4-5.
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Majority Members Vote Minority Members Vote
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Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Bishop of Utah.............................. ............ Mr. McGovern...................... Yea
Mr. Cole........................................ ............ Mr. Hastings of Florida........... Yea
Mr. Woodall..................................... Nay Mr. Polis......................... Yea
Mr. Nugent...................................... Nay
Mr. Webster..................................... Nay
Ms. Ros-Lehtinen................................ ............
Mr. Burgess..................................... Nay
Mr. Sessions, Chairman.......................... ............
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Rules Committee record vote No. 113
Motion by Mr. Woodall to report the rule. Adopted: 5-4.
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Majority Members Vote Minority Members Vote
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Ms. Foxx........................................ Yea Ms. Slaughter..................... Nay
Mr. Bishop of Utah.............................. ............ Mr. McGovern...................... Nay
Mr. Cole........................................ ............ Mr. Hastings of Florida........... Nay
Mr. Woodall..................................... Yea Mr. Polis......................... Nay
Mr. Nugent...................................... Yea
Mr. Webster..................................... Yea
Ms. Ros-Lehtinen................................ ............
Mr. Burgess..................................... Yea
Mr. Sessions, Chairman.......................... ............
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SUMMARY OF THE AMENDMENTS TO H.R. 3826 MADE IN ORDER
1. Smith, Lamar (TX), Schweikert (AZ): Requires the
Administrator to apply the specific criteria, under the bill,
for setting a standard based on the best system of emission
reduction for new sources within the coal category, when
setting a standard for any fossil fuel category. (10 minutes)
2. Capps (CA), McNerney (CA): Allows the EPA to consider
all pollution control technologies being used in the United
States or elsewhere when setting new power plant emission
standards. (10 minutes)
3. Capito (WV): Clarifies that the bill does not preclude a
performance standard that is based on a technology developed in
a foreign country, as long as that technology has been
demonstrated to be achievable at a power plant in the United
States. (10 minutes)
4. McKinley (WV): Requires the EPA when submitting their
report to Congress to consult with the Energy Information
Administration; Comptroller General; National Energy Technology
Laboratory; and the National Institute for Standards and
Technology. (10 minutes)
5. McKinley (WV): When reporting to the Congress, the
amendment will, additionally, require the EPA to look at the
economic impact of such rule or guidelines, including the
potential effects on: require capital investments and projected
costs for operation and maintenance of new equipment required
to be installed; and the global competitiveness of the United
States. (10 minutes)
6. Schakowsky (IL), Lowenthal (CA): Accepts the scientific
finding of the EPA that greenhouse gas pollution is
``contributing to long-lasting changes in our climate that can
have a range of negative effects.'' (10 minutes)
7. Latta (OH): Clarifies that the definition of
``demonstration project'' refers to projects that are receiving
federal government funding or financial assistance. (10
minutes)
8. Waxman (CA): Provides that the bill takes effect when
the Administrator of the EIA certifies that another Federal
program, other than one under section 111 of the Clean Air Act,
will reduce carbon pollution in at least equivalent quantities,
with similar timing and from the same sources as the reductions
required under the rules and guidelines nullified by section 4.
(10 minutes)
TEXT OF AMENDMENTS TO H.R. 3826 MADE IN ORDER
1. An Amendment To Be Offered by Representative Smith of Texas or His
Designee, Debatable for 10 Minutes
Page 2, lines 7 to 8, strike ``within the coal category'' and
insert ``within a fossil-fuel category''.
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2. An Amendment To Be Offered by Representative Capps of California or
Her Designee, Debatable for 10 Minutes
In section 2(b)(2)(A)(i), insert ``or elsewhere'' after ``in
the United States''.
In section 2(c)(2)(A)(i), insert ``or elsewhere'' after ``in
the United States''.
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3. An Amendment To Be Offered by Representative Capito of West Virginia
or Her Designee, Debatable for 10 Minutes
At the end of section 2, add the following:
(d) Technologies.--Nothing in this section shall be construed
to preclude the issuance, implementation, or enforcement of a
standard of performance that--
(1) is based on the use of one or more technologies
that are developed in a foreign country, but has been
demonstrated to be achievable at fossil fuel-fired
electric utility generating units in the United States;
and
(2) meets the requirements of subsection (b) and (c),
as applicable.
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4. An Amendment To Be Offered by Representative McKinley of West
Virginia or His Designee, Debatable for 10 Minutes
At the end of section 3, add the following new subsection:
(d) Consultation.--In carrying out subsection (c), the
Administrator of the Environmental Protection Agency shall
consult with the Administrator of the Energy Information
Administration, the Comptroller General of the United States,
the Director of the National Energy Technology Laboratory, and
the Under Secretary of Commerce for Standards and Technology.
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5. An Amendment To Be Offered by Representative McKinley of West
Virginia or His Designee, Debatable for 10 Minutes
Page 5, line 17, strike ``; and'' and insert a semicolon.
Page 5, line 19, strike ``States.'' and insert ``States;''.1
Page 5, after line 19, insert the following:
(C) required capital investments and
projected costs for operation and maintenance
of new equipment required to be installed; and
(D) the global economic competitiveness of
the United States.
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6. An Amendment To Be Offered by Representative Schakowsky of Illinois
or Her Designee, Debatable for 10 Minutes
Redesignate section 5 as section 6 and insert after section 4
the following:
SEC. 5. CONGRESSIONAL ACCEPTANCE OF SCIENTIFIC FINDINGS.
Congress accepts the scientific finding (contained in the
proposed rule referred to in section 4(2)) that greenhouse gas
pollution is ``contributing to long-lasting changes in our
climate that can have a range of negative effects''.
----------
7. An Amendment To Be Offered by Representative Latta of Ohio or His
Designee, Debatable for 10 Minutes
Page 8, line 4, strike ``government'' and insert ``Federal
Government''.
----------
8. An Amendment To Be Offered by Representative Waxman of California or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 6. EFFECTIVE DATE.
This Act shall take effect when the Administrator of the
Energy Information Administration certifies that a Federal
program, other than a program under section 111 of the Clean
Air Act (42 U.S.C. 7411), will reduce carbon pollution in at
least equivalent quantities to, with similar timing, and from
the same sources as the carbon pollution reductions required in
the aggregate by the rules and guidelines listed in paragraphs
(2), (3), and (4) of section 4.