[House Report 113-626]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-626

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


 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1422) TO AMEND THE 
 ENVIRONMENTAL RESEARCH, DEVELOPMENT, AND DEMONSTRATION AUTHORIZATION 
      ACT OF 1978 TO PROVIDE FOR SCIENTIFIC ADVISORY BOARD MEMBER 
QUALIFICATIONS, PUBLIC PARTICIPATION, AND FOR OTHER PURPOSES; PROVIDING 
FOR CONSIDERATION OF THE BILL (H.R. 4012) TO PROHIBIT THE ENVIRONMENTAL 
    PROTECTION AGENCY FROM PROPOSING, FINALIZING, OR DISSEMINATING 
 REGULATIONS OR ASSESSMENTS BASED UPON SCIENCE THAT IS NOT TRANSPARENT 
OR REPRODUCIBLE; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4795) TO 
PROMOTE NEW MANUFACTURING IN THE UNITED STATES BY PROVIDING FOR GREATER 
  TRANSPARENCY AND TIMELINESS IN OBTAINING NECESSARY PERMITS, AND FOR 
 OTHER PURPOSES; AND PROVIDING FOR PROCEEDINGS DURING THE PERIOD FROM 
              NOVEMBER 21, 2014, THROUGH NOVEMBER 28, 2014

                                _______
                                

 November 17, 2014.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Mr. Burgess, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 756]

    The Committee on Rules, having had under consideration 
House Resolution 756, by a record vote of 7 to 2, 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. 1422, the 
EPA Science Advisory Board Reform Act of 2013, under a 
structured rule. The resolution provides one hour of debate 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Science, Space, and 
Technology. 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 Science, Space, and Technology now printed in the 
bill shall be considered as adopted, and the bill, as amended, 
shall be considered as read. The resolution waives all points 
of order against provisions in the bill, as amended. The 
resolution makes in order only the further amendment printed in 
part A of this report, if offered by Representative Stewart of 
Utah or his designee. That amendment shall be considered as 
read, shall be separately debatable for 10 minutes 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. The resolution waives all 
points of order against the amendment printed in part A of this 
report. The rule provides one motion to recommit with or 
without instructions.
    Section 2 of the resolution provides for consideration of 
H.R. 4012, the Secret Science Reform Act of 2014, 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 Science, Space, and 
Technology. 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 113-57 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 part B of 
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 part B of this report. 
The resolution provides one motion to recommit with or without 
instructions.
    Section 3 of the resolution provides for consideration of 
H.R. 4795, the Promoting New Manufacturing 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 waives all points of order against 
provisions in the bill. The resolution makes in order only 
those further amendments printed in part C of 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 part C of this report. The resolution provides one 
motion to recommit with or without instructions.
    Section 4 of the resolution provides that on any 
legislative day during the period from November 21, 2014, 
through November 28, 2014: the Journal of the proceedings of 
the previous day shall be considered as approved; and the Chair 
may at any time declare the House adjourned to meet at a date 
and time to be announced by the Chair in declaring the 
adjournment.
    Section 5 of the resolution provides that the Speaker may 
appoint Members to perform the duties of the Chair for the 
duration of the period addressed by section 4.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 1422, 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 
provisions in H.R. 1422, as amended, 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 to H.R. 1422 printed in part A of this report, 
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 
consideration of H.R. 4012, 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 to H.R. 4012 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 to H.R. 4012 printed in part B of this report, 
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 
consideration of H.R. 4795, 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 
provisions in H.R. 4795, 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 to H.R. 4795 printed in part C of this report, 
the Committee is not aware of any points of order. The waiver 
is prophylactic in nature.

Rules Committee record vote No. 195

    Motion by Mr. Bishop of Utah to report the rule. Adopted: 
7-2

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................  ............
Mr. Bishop of Utah..............................          Yea   Mr. McGovern......................          Nay
Mr. Cole........................................          Yea   Mr. Hastings of Florida...........  ............
Mr. Woodall.....................................  ............  Mr. Polis.........................          Nay
Mr. Nugent......................................  ............
Mr. Webster.....................................          Yea
Ms. Ros-Lehtinen................................          Yea
Mr. Burgess.....................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

     SUMMARY OF THE AMENDMENT TO H.R. 1422 IN PART A MADE IN ORDER

    1. Stewart (UT): Makes technical changes to conform with 
recent amendments to the underlying statute. It also reiterates 
the independence of the Science Advisory Board and clarifies 
pre-existing language. (10 minutes)

     SUMMARY OF THE AMENDMENTS TO H.R. 4012 IN PART B MADE IN ORDER

    1. Gosar (AZ): Mandates that the EPA make all scientific 
and technical information relied upon for rulemaking available 
online before proposing or finalizing new regulations. (10 
minutes)
    2. Kennedy (MA), McGovern (MA), Clark, Katherine (MA): 
Allows the EPA to use all peer-reviewed scientific 
publications. (10 minutes)

     SUMMARY OF THE AMENDMENTS TO H.R. 4795 IN PART C MADE IN ORDER

    1. McNerney (CA): States that outdated air quality 
standards do not apply toward a preconstruction permit if the 
applicable federal, state, or local permitting agency 
determines that applying it would likely increase air 
pollution, slow permitting, or increase regulatory uncertainty. 
(10 minutes)
    2. Whitfield (KY): Clarifies that Section 3(b) of the bill 
does not prohibit States from imposing new or revised federal 
air quality standards under state or local law. (10 minutes)

          PART A--TEXT OF AMENDMENT TO H.R. 1422 MADE IN ORDER

1. An Amendment To Be Offered by Representative Stewart of Utah or His 
                   Designee, Debatable for 10 Minutes

  Page 3, line 7, through page 9, line 1, redesignate 
subsections (a) through (e) as subsections (b) through (f), 
respectively.
  Page 3, after line 6, insert the following new subsection:
  (a) Independent Advice.--Section 8(a) of the Environmental 
Research, Development, and Demonstration Authorization Act of 
1978 (42 U.S.C. 4365(a)) is amended by inserting 
``independently'' after ``Advisory Board which shall''.
  Page 3, line 14, strike ``in consultation with the 
Administrator''.
  Page 3, lines 18 through 20, strike ``select Board'' and all 
that follows through ``and shall''.
  Page 4, line 18, strike ``and'' and insert ``or''.
  Page 5, line 3, insert ``the Interior,'' after ``Energy,''.
  Page 5, line 5, strike ``them'' and insert ``each''.
  Page 6, line 17, insert ``or draft'' before ``risk''.
  Page 6, line 18, strike ``and''.
  Page 6, line 19, redesignate subparagraph (B) as subparagraph 
(C).
  Page 6, after line 18, insert the following new subparagraph:
                  (B) by striking ``formal''; and
  Page 6, line 19, insert ``or draft'' before ``risk''.
  Page 6, line 22, insert ``or draft'' before ``risk''.
  Page 7, line 10, insert ``(1)(A)'' after ``(e)'' both places 
it appears.
  Page 7, lines 13, 17, and 19, redesignate paragraphs (1) 
through (3) as clauses (i) through (iii), respectively, and 
conform the margins accordingly.
  Page 7, lines 22 and 23, strike ``by adding after subsection 
(g) the following'' and inserting ``by amending subsection (h) 
to read as follows''.
  Page 9, lines 2 and 3, strike ``by adding after subsection 
(h), as added by subsection (d) of this section, the 
following'' and inserting ``by amending subsection (i) to read 
as follows''.
  Page 9, line 11, insert ``or Congress'' after ``the 
Administrator''.
  Page 9, line 15, strike ``and the Administrator'' and insert 
``, the Administrator, and Congress''.
  Page 9, line 19, after paragraph (4) insert the following new 
paragraph:
          ``(5) The Board shall be fully and timely responsive 
        to Congress.
                              ----------                              


         PART B--TEXT OF AMENDMENTS TO H.R. 4012 MADE IN ORDER

1. An Amendment To Be Offered by Representative Gosar of Arizona or His 
                   Designee, Debatable for 10 Minutes

  Page 1, line 13, insert ``online'' after ``publicly 
available''.
                              ----------                              


      2. An Amendment To Be Offered by Representative Kennedy of 
        Massachusetts or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC. 3. ENSURING THE USE OF THE BEST SCIENCE.

  Nothing in this Act shall prevent the Administrator of the 
Environmental Protection Agency from considering or relying 
upon any peer-reviewed scientific publication even if such 
publication is based on data that is prohibited from public 
disclosure.
                              ----------                              


         PART C--TEXT OF AMENDMENTS TO H.R. 4795 MADE IN ORDER

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

  In section 3(b), strike ``If the Administrator fails'' and 
insert
          (1) Standard not applicable.--Except as provided in 
        paragraph (2), if the Administrator fails
  At the end of section 3(b), add the following:
          (2) Standard applicable.--Paragraph (1) shall not 
        apply with respect to review and disposition of a 
        preconstruction permit application by a Federal, State, 
        local, or tribal permitting authority if such authority 
        determines that application of such paragraph is likely 
        to--
                  (A) increase air pollution that harms human 
                health and the environment;
                  (B) slow issuance of final preconstruction 
                permits;
                  (C) increase regulatory uncertainty;
                  (D) foster additional litigation;
                  (E) shift the burden of pollution control 
                from new sources to existing sources of 
                pollution, including small businesses; or
                  (F) increase the overall cost of achieving 
                the new or revised national ambient air quality 
                standard in the applicable area.
                              ----------                              


 2. An Amendment To Be Offered by Representative Whitfield of Kentucky 
               or His Designee, Debatable for 10 Minutes

  Page 6, after line 10, insert the following:
          (3) Nothing in this section shall be construed to 
        limit the authority of a State, local, or tribal 
        permitting authority to impose more stringent emissions 
        requirements pursuant to State, local, or tribal law 
        than Federal national ambient air quality standards 
        established by the Environmental Protection Agency.