[House Report 114-590]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-590
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PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL (H.R.
2576) TO MODERNIZE THE TOXIC SUBSTANCES CONTROL ACT, AND FOR OTHER
PURPOSES, AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 897) TO
AMEND THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT AND THE
FEDERAL WATER POLLUTION CONTROL ACT TO CLARIFY CONGRESSIONAL INTENT
REGARDING THE REGULATION OF THE USE OF PESTICIDES IN OR NEAR NAVIGABLE
WATERS, AND FOR OTHER PURPOSES
_______
May 23, 2016.--Referred to the House Calendar and ordered to be printed
_______
Mr. Woodall, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 742]
The Committee on Rules, having had under consideration
House Resolution 742, by a nonrecord vote, 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 the Senate
amendment to H.R. 2576, the TSCA Modernization Act of 2015. The
resolution makes in order a motion offered by the chair of the
Committee on Energy and Commerce or his designee that the House
concur in the Senate amendment to H.R. 2576 with an amendment
inserting the text of Rules Committee Print 114-54, modified by
the amendment printed in this report, in lieu of the matter
proposed to be inserted by the Senate. The resolution waives
all points of order against consideration of the motion and
provides that the motion is not subject to a demand for
division of the question. The resolution provides that the
Senate amendment and the motion shall be considered as read.
The resolution provides one hour of debate on the motion
equally divided and controlled by the chair and ranking
minority member of the Committee on Energy and Commerce.
Section 2 of the resolution provides for consideration of
H.R. 897, the Reducing Regulatory Burdens Act of 2015, 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 Transportation and Infrastructure. The
resolution waives all points of order against consideration of
the bill. The resolution provides that an amendment in the
nature of a substitute consisting of the text of Rules
Committee Print 114-53 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 provides one motion to recommit with or
without instructions.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the motion on H.R. 2576 includes a waiver of clause 7 of rule
XVI, which requires that no motion or proposition on a subject
different from that under consideration shall be admitted under
color of amendment, and
Although the resolution waives all points of order against
consideration of H.R. 897, 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. 897, as amended, 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. 175
Motion by Ms. Slaughter to report an open rule for H.R. 897
and provide an open process for consideration of the Senate
amendment to H.R. 2576. Defeated: 4-6
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Majority Members Vote Minority Members Vote
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Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Cole........................................ ............ Mr. McGovern...................... Yea
Mr. Woodall..................................... Nay Mr. Hastings of Florida........... Yea
Mr. Burgess..................................... Nay Mr. Polis......................... Yea
Mr. Stivers..................................... Nay
Mr. Collins..................................... ............
Mr. Byrne....................................... Nay
Mr. Newhouse.................................... ............
Mr. Sessions, Chairman.......................... Nay
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SUMMARY OF THE AMENDMENT TO THE HOUSE AMENDMENT (H.R. 2576) CONSIDERED
AS ADOPTED
1. Shimkus (IL): Makes technical and conforming changes to
the Rules Committee Print 114-54 and makes additional changes
including modification to preemption and deletion of a low
hazard chemical designation.
TEXT OF THE AMENDMENT TO THE HOUSE AMENDMENT (H.R. 2576) CONSIDERED AS
ADOPTED
Page 12, after line 18, insert the following (and redesignate
accordingly):
(i) by striking ``or will present'';
Page 20, line 9, strike ``(C), or (D)'' and insert ``or
(C)''.
Page 20, line 21, strike ``or will present''.
Page 22, line 6, insert ``or'' after the semicolon.
Page 22, line 8, strike ``likely not'' and insert ``not
likely''.
Page 22, line 18, strike ``; or'' and insert a period.
Page 22, lines 19 through 24, strike subparagraph (D).
Page 30, after line 4, insert the following (and redesignate
accordingly):
(iii) by striking ``or will
present'';
Page 33, line 9, strike ``likely not'' and insert ``not
likely''.
Page 33, lines 10 through 12, strike ``or in accordance with
subsection (a)(3)(D) that the chemical substance is a low-
hazard substance,''.
Page 35, after line 16, insert the following (and redesignate
accordingly):
(B) by striking ``or will present'';
Page 38, line 7, strike ``Except as provided in clause (iii),
the'' and insert ``The''.
Page 38, line 17, through page 39, line 3, strike clause
(iii).
Page 40, line 24, strike ``at least''.
Page 41, line 12, strike ``or low-hazard''.
Page 43, line 7, strike ``or a low-hazard substance''.
Beginning on page 46, line 24, strike ``and that are not
drawn from the 2014 update of the TSCA Work Plan for Chemical
Assessments''.
Page 62, beginning on line 5, strike ``that meets the
criteria prescribed by the Administrator in the rule
promulgated under subsection (b)(4)(B)''.
Page 67, lines 14 through 19, strike subparagraph (C).
Page 81, line 14, strike ``and''.
Page 81, after line 14, insert the following (and redesignate
accordingly):
(ii) by striking ``or will present'';
and
Page 84, strike line 17 and insert ``SEC. 10. EXPORTS.''.
Page 84, after line 17, insert the following (and redesignate
accordingly):
(a) In General.--Section 12(a)(2) of the Toxic Substances
Control Act (15 U.S.C. 2611(a)(2)) is amended by striking
``will present'' and inserting ``presents''.
Page 107, strike lines 4 through 9 and insert ``to the
information;''.
Page 109, line 3, strike ``; and'' and insert a semicolon.
Page 109, line 6, strike the period and insert ``; and''.
Page 109, after line 6, insert the following:
``(9) shall be disclosed as required pursuant to
discovery, subpoena, other court order, or any other
judicial process otherwise allowed under applicable
Federal or State law.
Page 129, strike lines 21 through 25 and insert ``section
6(b)(1)(B)(i).''.
Page 130, line 4, insert ``criminal penalty assessed,'' after
``statute enacted,''.
Page 130, line 16, insert ``, 5, or 6'' after ``section 4''.
Page 130, strike lines 17 through 21 and insert the
following:
``(2) with respect to subsection (b), the hazards,
exposures, risks, and uses or conditions of use of such
chemical substances included in the scope of the risk
evaluation pursuant to section 6(b)(4)(D);
``(3) with respect to subsection (a)(1)(B), the
hazards, exposures, risks, and uses or conditions of
use of such chemical substances included in any final
action the Administrator takes pursuant to section 6(a)
or 6(i)(1); or
Page 130, line 22, strike ``(3)'' and insert ``(4)''.
Page 143, line 19, strike ``or (iii)''.
Page 157, line 13, strike ``and(ii)''.
Page 157, line 19, strike ``6(b)(4)(A)(ii)'' and insert
``6(b)(4)(C)(ii)''.
Page 173, line 3, strike ``or (f)''.
Page 173, strike lines 4 through 7 and insert the following:
(iii) in clause (ii), by striking
``section 6 or 8 or an order under
section 6(b)(2), there is a reasonable
basis to conclude that the issuance of
such a rule or order is necessary to
protect health or the environment
against an unreasonable risk of injury
to health or the environment'' and
inserting ``section 6(a) or 8 or an
order under section 5(f), the chemical
substance or mixture to be subject to
such rule or order presents an
unreasonable risk of injury to health
or the environment, without
consideration of costs or other nonrisk
factors, including an unreasonable risk
to a potentially exposed or susceptible
subpopulation, under the conditions of
use''.