[House Report 115-20]
[From the U.S. Government Publishing Office]


115th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {       115-20

======================================================================
 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 998) TO PROVIDE FOR THE 
 ESTABLISHMENT OF A PROCESS FOR THE REVIEW OF RULES AND SETS OF RULES, 
 AND FOR OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF THE JOINT 
   RESOLUTION (H.J. RES. 83) DISAPPROVING THE RULE SUBMITTED BY THE 
     DEPARTMENT OF LABOR RELATING TO ``CLARIFICATION OF EMPLOYER'S 
 CONTINUING OBLIGATION TO MAKE AND MAINTAIN AN ACCURATE RECORD OF EACH 
                    RECORDABLE INJURY AND ILLNESS''

                                _______
                                

 February 27, 2017.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

         Mr. Collins of Georgia, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 150]

    The Committee on Rules, having had under consideration 
House Resolution 150, 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 consideration of H.R. 998, the 
SCRUB 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 Oversight 
and Government Reform. 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 makes in order only those 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.J. Res. 83, disapproving the rule submitted by the Department 
of Labor relating to Clarification of Employer's Continuing 
Obligation to Make and Maintain an Accurate Record of Each 
Recordable Injury and Illness, 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 Education and the Workforce. The resolution waives 
all points of order against consideration of the joint 
resolution. The resolution provides that the joint resolution 
shall be considered as read. The resolution waives all points 
of order against provisions in the joint resolution. The 
resolution provides one motion to recommit.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 998, the Committee is not aware of any 
points of order. The waiver of all points of order prophylactic 
in nature.
    Although the resolution waives all points of order against 
provisions in H.R. 998, the Committee is not aware of any 
points of order. The waiver of all points of order 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 of all points of order 
prophylactic in nature.
    The waiver of all points of order against consideration of 
H.J. Res. 83 includes a waiver of the following:
           Section 303 of the Congressional Budget Act, 
        which prohibits consideration of legislation providing 
        a change in revenues for a fiscal year until the budget 
        resolution for that year has been agreed to; and
           Section 311 of the Congressional Budget Act, 
        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.J. Res. 83, 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. 25

    Motion by Mr. Hastings of Florida to strike the waiver of 
section of 311 of the Congressional Budget Act for H.J. Res. 
83. Defeated: 3-8

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

          SUMMARY OF THE AMENDMENTS TO H.R. 998 MADE IN ORDER

    1. Beyer (VA): Provides that a Commission member must not 
have been a registered lobbyist during the two-year period 
prior and must file financial disclosure reports in accordance 
with the Ethics in Government Act. (10 minutes)
    2. DeSaulnier (CA): Requires the consideration of impacts 
to public health prior to repealing any federal rules under the 
bill. (10 minutes)
    3. McSally (AZ): Expands the scope of the nature of the 
Retrospective Regulatory Review Commission's review to ensure a 
rule or set of rules is compliant with certain provisions of 
the Congressional Review Act. (10 minutes)
    4. Plaskett, (VI), Courtney (CT): Provides that no funding 
will be authorized to carry out the requirements of this Act. 
(10 minutes)
    5. McNerney (CA): Exempts from the bill rules relating to 
the physical and cyber security of the bulk-power system. (10 
minutes)
    6. Krishnamoorthi (IL): Ensures that the SCRUB Act will not 
in any way hinder the safe and legal development and deployment 
of unmanned aerial systems. (10 minutes)
    7. Krishnamoorthi (IL): Ensures that the SCRUB Act will not 
in any way weaken the protections afforded by noise restriction 
policies at and around airports. (10 minutes)
    8. Bonamici (OR), Davis, Susan (CA), Polis (CO): Exempts 
any rule or set of rules prescribed by the Secretary of 
Education and relating to consumer protections for student loan 
borrowers from the provisions of this Act. (10 minutes)
    9. Bonamici (OR), Polis (CO): Exempts any rule or set of 
rules relating to Title I of the Elementary and Secondary 
Education Act of 1965 from the provisions of this Act. (10 
minutes)
    10. Raskin (MD): Exempts rules relating to the enforcement 
of the Clean Air Act from the provisions of H.R. 998. (10 
minutes)
    11. Moore, Gwen (WI): Exempts rules affecting or impacting 
the special government to government relationship between the 
federal government and tribal communities or affecting tribal 
sovereignty or self-determination. (10 minutes)
    12. Cummings (MD): Exempts any rule relating to protections 
for whistleblowers or penalties for retaliation against 
whistleblowers. (10 minutes)

              TEXT OF AMENDMENTS TO H.R. 998 MADE IN ORDER

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

    Page 5, line 16, insert after ``reviews.'' the following: 
``During the two-year period prior to the inclusion of an 
individual on a list of candidates under this subparagraph, the 
individual may not have been a registered lobbyist under the 
Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.).''.
    Page 6, after line 6, insert the following new paragraph:
            (4) Financial disclosure reports of members.--Each 
        member of the Commission shall file the financial 
        disclosure reports required under title I of the Ethics 
        in Government Act of 1978 (5 U.S.C. App.) in accordance 
        with the requirements of such title.
                              ----------                              


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

    Page 14, after line 22, insert the following new 
subparagraph (and redesignate the following subparagraph 
accordingly):
                    (K) Whether, and the extent to which, the 
                repeal of the rule or set of rules would impact 
                public health.
                              ----------                              


 3. An Amendment To Be Offered by Representative McSally of Arizona or 
                 Her Designee, Debatable for 10 Minutes

    Page 14, after line 22, insert the following new 
subparagraph (and redesignate the subsequent subparagraph 
accordingly):
                    (K) Whether the rule or set of rules is in 
                full compliance with the requirements of 
                section 801(a)(1)(A) of title 5, United States 
                Code.
                              ----------                              


4. An Amendment To Be Offered by Representative Plaskett of the Virgin 
           Islands or Her Designee, Debatable for 10 Minutes

    Page 24, strike lines 12 through 22 and insert the 
following:
    (k) Prohibition on Funding.--No funds are authorized to 
carry out the requirements of this Act, and no funds authorized 
or appropriated by any other Federal law may be made available 
to carry out the requirements of this Act.
                              ----------                              


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

    Page 31, line 17, insert after ``Code'' the following: ``, 
except that the term does not include any rule relating to the 
physical and cyber security of the bulk-power system (as 
defined in section 215(a) of the Federal Power Act (16 U.S.C. 
824o(a)), including any emergency action to protect and restore 
reliability of the bulk-power system''.
                              ----------                              


   6. An Amendment To Be Offered by Representative Krishnamoorthi of 
           Illinois or His Designee, Debatable for 10 Minutes

  Page 31, after line 24, add the following new title (and 
update the table of contents accordingly):

                          TITLE VI--EXEMPTIONS


SEC. 601. EXEMPTION RELATING TO NATIONAL AIRSPACE SYSTEM.

  The provisions of this Act do not apply to any rule or set of 
rules relating to the safety of the national airspace system.
                              ----------                              


   7. An Amendment To Be Offered by Representative Krishnamoorthi of 
           Illinois or His Designee, Debatable for 10 Minutes

  Page 31, after line 24, add the following new title (and 
update the table of contents accordingly):

                          TITLE VI--EXEMPTIONS


SEC. 601. EXEMPTION RELATING TO AIRPORT NOISE RESTRICTIONS.

  The provisions of this Act do not apply to any rule or set of 
rules relating to airport noise restrictions.
                              ----------                              


 8. An Amendment To Be Offered by Representative Bonamici of Oregon or 
                 Her Designee, Debatable for 10 Minutes

  Page 31, after line 24, add the following new title (and 
update the table of contents accordingly):

                          TITLE VI--EXEMPTIONS


SEC. 601. EXEMPTION RELATING TO CONSUMER PROTECTIONS FOR STUDENT LOAN 
                    BORROWERS.

  The provisions of this Act do not apply to any rule or set of 
rules prescribed by the Secretary of Education with respect to 
providing consumer protections for student loan borrowers.
                              ----------                              


 9. An Amendment To Be Offered by Representative Bonamici of Oregon or 
                 Her Designee, Debatable for 10 Minutes

  Page 31, after line 24, add the following new title (and 
update the table of contents accordingly):

                          TITLE VI--EXEMPTIONS


SEC. 601. EXEMPTION RELATING TO ELEMENTARY AND SECONDARY EDUCATION ACT 
                    OF 1965.

  The provisions of this Act do not apply to any rule or set of 
rules relating to title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6301 et seq.).
                              ----------                              


10. An Amendment To Be Offered by Representative Raskin of Maryland or 
                 His Designee, Debatable for 10 Minutes

  Page 31, after line 24, add the following new title (and 
update the table of contents accordingly):

                          TITLE VI--EXEMPTIONS


SEC. 601. EXEMPTION RELATING TO CLEAN AIR ACT.

  The provisions of this Act do not apply to any rule or set of 
rules relating to the enforcement of the Clean Air Act (Public 
Law 88-206; 42 U.S.C. 7401 et seq.).
                              ----------                              


11. An Amendment To Be Offered by Representative Moore of Wisconsin or 
                 Her Designee, Debatable for 10 Minutes

  Page 31, after line 24, add the following new title (and 
update the table of contents accordingly):

                          TITLE VI--EXEMPTIONS


SEC. 601. EXEMPTION RELATING TO TRIBAL GOVERNMENTS.

  The provisions of this Act do not apply to any rule or set of 
rules--
          (1) relating to any obligation of the Federal 
        Government with respect to a Tribal government; or
          (2) supporting Tribal sovereignty and self-
        determination.
                              ----------                              


 12. An Amendment To Be Offered by Representative Cummings of Maryland 
               or His Designee, Debatable for 10 Minutes

  Page 31, after line 24, add the following new title (and 
update the table of contents accordingly):

                          TITLE VI--EXEMPTIONS


SEC. 601. EXEMPTION RELATING TO PROTECTIONS FOR WHISTLEBLOWERS.

  The provisions of this Act do not apply to any rule or set of 
rules relating to--
          (1) protections for whistleblowers; or
          (2) penalties for retaliation against whistleblowers.

                                  [all]