[House Report 114-353]
[From the U.S. Government Publishing Office]


114th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {      114-353

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 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 8) TO MODERNIZE ENERGY 
     INFRASTRUCTURE, BUILD A 21ST CENTURY ENERGY AND MANUFACTURING 
WORKFORCE, BOLSTER AMERICA'S ENERGY SECURITY AND DIPLOMACY, AND PROMOTE 
    ENERGY EFFICIENCY AND GOVERNMENT ACCOUNTABILITY, AND FOR OTHER 
  PURPOSES; PROVIDING FOR CONSIDERATION OF THE JOINT RESOLUTION (S.J. 
  RES. 23) PROVIDING FOR CONGRESSIONAL DISAPPROVAL UNDER CHAPTER 8 OF 
 TITLE 5, UNITED STATES CODE, OF A RULE SUBMITTED BY THE ENVIRONMENTAL 
PROTECTION AGENCY RELATING TO ``STANDARDS OF PERFORMANCE FOR GREENHOUSE 
GAS EMISSIONS FROM NEW, MODIFIED, AND RECONSTRUCTED STATIONARY SOURCES: 
ELECTRIC UTILITY GENERATING UNITS''; AND PROVIDING FOR CONSIDERATION OF 
    THE JOINT RESOLUTION (S.J. RES. 24) PROVIDING FOR CONGRESSIONAL 
 DISAPPROVAL UNDER CHAPTER 8 OF TITLE 5, UNITED STATES CODE, OF A RULE 
 SUBMITTED BY THE ENVIRONMENTAL PROTECTION AGENCY RELATING TO ``CARBON 
POLLUTION EMISSION GUIDELINES FOR EXISTING STATIONARY SOURCES: ELECTRIC 
                       UTILITY GENERATING UNITS''

                                _______
                                

 November 30, 2015.--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. 539]

    The Committee on Rules, having had under consideration 
House Resolution 539, by a record vote of 8 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of H.R. 8, 
the North American Energy Security and Infrastructure Act of 
2015. 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 provides that no further consideration 
of the bill shall be in order except pursuant to a subsequent 
order of the House.
    Section 2 of the resolution provides for consideration of 
S.J. Res. 23, providing for congressional disapproval under 
chapter 8 of title 5, United States Code, of a rule submitted 
by the Environmental Protection Agency relating to ``Standards 
of Performance for Greenhouse Gas Emissions from New, Modified, 
and Reconstructed Stationary Sources: Electric Utility 
Generating Units'' and S.J. Res. 24, providing for 
congressional disapproval under chapter 8 of title 5, United 
States Code, of a rule submitted by the Environmental 
Protection Agency relating to ``Carbon Pollution Emission 
Guidelines for Existing Stationary Sources: Electric Utility 
Generating Units'', under closed rules. The resolution provides 
one hour of debate on each joint resolution 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 each joint resolution. 
The resolution provides that each joint resolution shall be 
considered as read. The resolution waives all points of order 
against provisions in each joint resolution. The resolution 
provides each joint resolution one motion to commit.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 8 includes a waiver of the following:
     Section 302(f) of the Congressional Budget Act, 
which prohibits consideration of legislation providing new 
budget authority in excess of a 302(a) allocation of such 
authority;
     Section 311 of the Congressional Budget Act of 
1974, prohibiting consideration of legislation that would cause 
the level of total new budget authority for the first fiscal 
year to be exceeded, or 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;
     Clause 10 of rule XXI, which prohibits the 
consideration of a bill if it has the net effect of increasing 
mandatory spending over the five-year or ten-year period;
     Clause 3(e)(1) of rule XIII (``Ramseyer''), 
requiring a committee report accompanying a bill amending or 
repealing statutes to show, by typographical device, parts of 
statute affected. The waiver is provided because the submission 
provided by the Committee on Energy and Commerce was 
insufficient to meet the standards established by the rule in 
its current form. The Committee on Rules continues to work with 
the House Office of Legislative Counsel and committees to 
determine the steps necessary to comply with the updated rule.
    It is important to note that the Committee intends to make 
in order the Manager's amendment offered by Rep. Upton (R-MI), 
which, if adopted, would cure the violation of sections 302(f) 
and 311 of the Congressional Budget Act and clause 10 of rule 
XXI.
    Although the resolution waives all points of order against 
consideration of S.J. Res. 23 and S.J. Res. 24, 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 S.J. Res. 23 and S.J. Res. 24, 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. 126

    Motion by Ms. Foxx to report the rule. Adopted: 8-3

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                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................  ............
Mr. Cole........................................          Yea   Mr. McGovern......................          Nay
Mr. Woodall.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Burgess.....................................          Yea   Mr. Polis.........................          Nay
Mr. Stivers.....................................  ............
Mr. Collins.....................................          Yea
Mr. Byrne.......................................          Yea
Mr. Newhouse....................................          Yea
Mr. Sessions, Chairman..........................          Yea
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