[House Report 118-108]
[From the U.S. Government Publishing Office]


118th Congress    }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                      {     118-108

======================================================================
 
  PROVIDING FOR CONSIDERATION OF THE JOINT RESOLUTION (H.J. RES. 44) 
  PROVIDING FOR CONGRESSIONAL DISAPPROVAL UNDER CHAPTER 8 OF TITLE 5, 
  UNITED STATES CODE, OF THE RULE SUBMITTED BY THE BUREAU OF ALCOHOL, 
TOBACCO, FIREARMS, AND EXPLOSIVES RELATING TO ``FACTORING CRITERIA FOR 
     FIREARMS WITH ATTACHED `STABILIZING BRACES'''; PROVIDING FOR 
  CONSIDERATION OF THE BILL (H.R. 277) TO AMEND CHAPTER 8 OF TITLE 5, 
UNITED STATES CODE, TO PROVIDE THAT MAJOR RULES OF THE EXECUTIVE BRANCH 
SHALL HAVE NO FORCE OR EFFECT UNLESS A JOINT RESOLUTION OF APPROVAL IS 
ENACTED INTO LAW; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 288) TO 
 AMEND TITLE 5, UNITED STATES CODE, TO CLARIFY THE NATURE OF JUDICIAL 
     REVIEW OF AGENCY INTERPRETATIONS OF STATUTORY AND REGULATORY 
  PROVISIONS; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1615) TO 
PROHIBIT THE USE OF FEDERAL FUNDS TO BAN GAS STOVES; AND PROVIDING FOR 
  CONSIDERATION OF THE BILL (H.R. 1640) TO PROHIBIT THE SECRETARY OF 
 ENERGY FROM FINALIZING, IMPLEMENTING, OR ENFORCING THE PROPOSED RULE 
TITLED ``ENERGY CONSERVATION PROGRAM: ENERGY CONSERVATION STANDARDS FOR 
    CONSUMER CONVENTIONAL COOKING PRODUCTS'', AND FOR OTHER PURPOSES

                                _______
                                

   June 12, 2023.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 495]

    The Committee on Rules, having had under consideration 
House Resolution 495, by a record vote of 9 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.J. Res. 44, 
Providing for congressional disapproval under chapter 8 of 
title 5, United States Code, of the rule submitted by the 
Bureau of Alcohol, Tobacco, Firearms, and Explosives relating 
to ``Factoring Criteria for Firearms with Attached `Stabilizing 
Braces''', under a closed rule. 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 hour of general debate equally divided and 
controlled by the chair and ranking minority member of the 
Committee on the Judiciary or their respective designees. The 
resolution provides for one motion to recommit. The resolution 
further provides for consideration of H.R. 277, the REINS Act 
of 2023, under a structured rule. The resolution waives all 
points of order against consideration of the bill. The 
resolution provides one hour of general debate equally divided 
and controlled by the chair and ranking minority member of the 
Committee on the Judiciary or their respective designees. The 
resolution provides that an amendment in the nature of a 
substitute consisting of the text of Rules Committee Print 118 
6 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 further makes in order only those amendments printed 
in part A 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. All points of order against 
the amendments printed in part A of this report are waived. The 
resolution provides for one motion to recommit. The resolution 
further provides for consideration of H.R. 288, the Separation 
of Powers Restoration Act of 2023, under a structured rule. 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 118-7 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 hour of general debate 
equally divided and controlled by the chair and ranking 
minority member of the Committee on the Judiciary or their 
respective designees. The resolution further makes in order 
only the amendment 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. All points of order against the amendment printed 
in part B of this report are waived. The resolution provides 
for one motion to recommit. The resolution further provides for 
consideration of H.R. 1615, the Gas Stove Protection and 
Freedom Act, under a structured rule. The resolution waives all 
points of order against consideration of the bill. 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 or their respective designees. 
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 further makes in order 
only those 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. All 
points of order against the amendments printed in part C of 
this report are waived. The resolution provides for one motion 
to recommit. The resolution further provides for consideration 
of H.R. 1640, the Save Our Gas Stoves Act, under a structured 
rule. The resolution waives all points of order against 
consideration of the bill. 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 
or their respective designees. 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 
further makes in order only those amendments printed in part D 
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. All points of order against the 
amendments printed in part D of this report are waived. The 
resolution provides for one motion to recommit. The resolution 
provides that the ordering of the yeas and nays on the question 
of reconsideration of the vote on adoption of H. Res. 463 is 
vacated to the end that the motion to reconsider be laid on the 
table.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.J. Res. 44 includes:
    --Section 303 of the Congressional Budget Act, which 
prohibits consideration of legislation providing a change in 
revenues until the budget resolution for that year has been 
agreed to.
    The waiver of all points of order against provisions in 
H.J. Res. 44 includes:
    --Clause 5(a) of rule XXI, which prohibits a bill or joint 
resolution carrying a tax or tariff measure from being reported 
by a committee not having jurisdiction to report tax or tariff 
measures.
    Although the resolution waives all points of order against 
consideration of H.R. 277, 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. 277, 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 amendments 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. 288, 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. 288, 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 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 rule waives all points of order against 
consideration of H.R. 1615, 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. 1615, 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 part C 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. 1640, 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. 1640, 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 part D of this report, 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. 65

    Motion by Mr. Massie to report the rule. Adopted: 9-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Yea   Mr. McGovern......................          Nay
Mr. Reschenthaler...............................          Yea   Ms. Scanlon.......................          Nay
Mrs. Fischbach..................................          Yea   Mr. Neguse........................          Nay
Mr. Massie......................................          Yea   Ms. Leger Fernandez...............          Nay
Mr. Norman......................................          Yea
Mr. Roy.........................................          Yea
Mrs. Houchin....................................          Yea
Mr. Langworthy..................................          Yea
Mr. Cole, Chairman..............................          Yea
----------------------------------------------------------------------------------------------------------------

     SUMMARY OF THE AMENDMENTS TO H.R. 277 IN PART A MADE IN ORDER

    1. Boebert (CO): Revises the Comptroller General's 
Congressional Review Report to include an estimate of the 
effect on inflation. (10 minutes)
    2. Boebert (CO): Requires the Comptroller General to 
publish the GAO Study of Rules on its website. (10 minutes)
    3. Boebert (CO): Requires the Comptroller General's 
Congressional Review Report to also be made available to the 
Congressional committees of jurisdiction. (10 minutes)
    4. Biggs (AZ): Lowers the threshold for designation as a 
``major rule'' to $50 million. (10 minutes)
    5. Cloud (TX): Closes a loophole created by Biden's EO on 
Modernizing Regulatory Review by clarifying that Office of 
Information and Regulatory Affairs must issue a finding for 
each rule determining whether the rule has a significant 
economic impact. (10 minutes)
    6. Clyde (GA): Directs the Comptroller General, in 
consultation with the Director of the Congressional Budget 
Office, to make a determination on whether an agency action 
qualifies as a major rule under the definition of this act, if 
requested in writing by a member of Congress. Codifies in 
statute existing procedures for the Comptroller General to make 
a determination on whether an agency action qualifies as a rule 
under the definition of this act, if requested in writing by a 
member of Congress. (10 minutes)
    7. Gonzales, Tony (TX): Requires any executive agency to 
submit a constitutional authority statement with any proposed 
rule. (10 minutes)
    8. Good (VA): Creates a process for Congress to review all 
rules currently in effect over a 5 year period. (10 minutes)
    9. Good (VA), Roy (TX): Expands the definition of ``major 
rule'' to include any rule likely to result in increased access 
to abortion, abortion-related services, or abortion-related 
travel. (10 minutes)
    10. Green, Al (TX): Delays implementation of the 
legislation by 1 year and requires a study be conducted in that 
time by the GAO on the effects of implementation. (10 minutes)
    11. Green, Al (TX): Creates a rapid-review requirement 
which would allow executive branch rules to go into effect if 
Congress does not pass a joint resolution within 70 legislative 
days. (10 minutes)
    12. Houlahan (PA): Requires Congress to approve by vote any 
regulation with an economic impact over $1 billion instead of 
$100 million. (10 minutes)
    13. Joyce (OH): Amends the definition of 'rule' to include 
interpretative rules, general statements of policy, and all 
other agency guidance documents. (10 minutes)
    14. Roy (TX): Expands the definition of ``major rule'' to 
include any rule that references one of President Biden's major 
diversity, equity, and inclusion executive orders. (10 minutes)
    15. Roy (TX): Expands the definition of ``major rule'' to 
include any rule likely to result in an increase in mandatory 
vaccinations. (10 minutes)

      SUMMARY OF THE AMENDMENT TO H.R. 288 IN PART B MADE IN ORDER

    1. Hageman (WY): Subjects interpretative rules, general 
statements of policy, and all other agency guidance to de novo 
judicial review (10 minutes)

     SUMMARY OF THE AMENDMENTS TO H.R. 1615 IN PART C MADE IN ORDER

    1. Boebert (CO): Expands the prohibition on federal funding 
to include regulations that would result in the unavailability 
in the United States of a type (or class) of product based on 
the type of fuel the product consumes. (10 minutes)
    2. Ogles (TN): Strikes ``substantially'' everywhere it 
appears in the text. (10 minutes)

     SUMMARY OF THE AMENDMENTS TO H.R. 1640 IN PART D MADE IN ORDER

    1. Huizenga (MI): Requires the Secretary of Energy to 
disclose stakeholder meetings with entities that have ties to 
China, produced studies regarding or advocated for policy that 
limit, restrict, or ban the use of any type of energy, and have 
applied for or received Federal funds. (10 minutes)
    2. McGovern (MA): Prohibits Section 3 of the bill from 
taking effect unless and until the Secretary of Energy 
certifies that the provisions of the section would not 
adversely affect the energy security of the United States. (10 
minutes)
    3. Pallone (NJ): Strikes provisions in the bill that would 
significantly limit future DOE rulemaking authority. (10 
minutes)

          PART A--TEXT OF AMENDMENTS TO H.R. 277 MADE IN ORDER

1. An Amendment To Be Offered by Representative Boebert of Colorado or 
                 Her Designee, Debatable for 10 Minutes

    Page 3, line 21, strike ``and'' at the end.
    Page 3, insert after line 21 the following (and redesignate 
provisions accordingly):
                          ``(iv) an estimate of the effect on 
                        inflation of the rule; and''.
                              ----------                              


2. An Amendment To Be Offered by Representative Boebert of Colorado or 
                 Her Designee, Debatable for 10 Minutes

    Page 21, line 22, insert after ``submit a report'' the 
following: ``(and publish the report on the website of the 
Comptroller General)''.
                              ----------                              


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

    Page 3, line 12, insert after ``House of Congress'' the 
following: ``(and to each committee of jurisdiction in each 
House)''.
                              ----------                              


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

  Page 17, line 13, strike ``$100 million'' and insert ``$50 
million''.
                              ----------                              


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

    Page 2, line 19, strike ``a classification of the rule as'' 
and insert ``a finding, rendered in consultation with the 
Administrator of the Office of Information and Regulatory 
Affairs of the Office of Management and Budget, whether the 
rule is''.
    Page 2, beginning on line 20, strike ``classification'' and 
insert ``finding''.
    Page 17, line 10, insert after ``Management and Budget'' 
the following: ``or the Federal agency promulgating such 
rule''.
                              ----------                              


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

    Page 4, insert after line 7 the following:
                  ``(D) If requested in writing by a member of 
                Congress--
                          ``(i) the Comptroller General shall 
                        make a determination whether an agency 
                        action qualifies as a rule for purposes 
                        of this chapter, and shall submit to 
                        Congress this determination not later 
                        than 60 days after the date of the 
                        request; and
                          ``(ii) the Comptroller General, in 
                        consultation with the Director of the 
                        Congressional Budget Office, shall make 
                        a determination whether a rule is 
                        considered a major rule under the 
                        provisions of this act, and shall 
                        submit to Congress this determination 
                        not later than 90 days after the date 
                        of the request.
    For purposes of this section, a determination under this 
subparagraph shall be deemed to be a report under subparagraph 
(A).''.
                              ----------                              


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

    Page 3, line 7, strike ``and'' at the end.
    Page 3, line 8, strike the period at the end and insert ``; 
and''.
    Page 3, insert after line 8 the following:
                          ``(vi) a statement of the 
                        constitutional authority authorizing 
                        the agency to make the rule.''.
                              ----------                              


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

    Chapter 8 of title 5, United States Code, as proposed to be 
amended by section 3 of the bill, is amended by adding at the 
end the following (and conforming the table of sections 
accordingly):

``Sec. 808. Review of rules currently in effect

    ``(a) Annual Review.--Beginning on the date that is 6 
months after the date of enactment of this section and annually 
thereafter for the 4 years following, each agency shall 
designate not less than 20 percent of eligible rules made by 
that agency for review, and shall submit a report including 
each such eligible rule in the same manner as a report under 
section 801(a)(1). Section 801, section 802, and section 803 
shall apply to each such rule, subject to subsection (c) of 
this section. No eligible rule previously designated may be 
designated again.
    ``(b) Sunset for Eligible Rules Not Extended.--Beginning 
after the date that is 5 years after the date of enactment of 
this section, if Congress has not enacted a joint resolution of 
approval for that eligible rule, that eligible rule shall not 
continue in effect.
    ``(c) Approval of Rules.--
          ``(1) Unless Congress approves all eligible rules 
        designated by executive agencies for review within 90 
        days of designation, they shall have no effect.
          ``(2) A single joint resolution of approval shall 
        apply to all eligible rules in a report designated for 
        a year as follows: `That Congress approves the rules 
        submitted by the___ for the year ___.' (The blank 
        spaces being appropriately filled in).
          ``(3) A member of either House may move that a 
        separate joint resolution be required for a specified 
        rule.
    ``(d) Definition.--In this section, the term `eligible 
rule' means a rule that is in effect as of the date of 
enactment of this section.''.
                              ----------                              


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

    Page 17, line 17, strike ``or'' at the end.
    Page 17, line 22, strike the period at the end and insert 
``; or''.
    Page 17, insert after line 22 the following:
                  ``(D) increased access to abortion, abortion-
                related services, or abortion-related 
                travel.''.
    Page 18, line 12, insert after ``personnel'' the following: 
``(except to the extent such rule is described in paragraph 
(2)(D))''.

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

    Add, at the end of the bill, the following:

SEC. 6. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take 
effect only beginning on the date that is 1 year after the date 
of enactment of this Act, and only on the submission of a 
report by the Comptroller General of the United States 
detailing the effects of the implementation of this Act and the 
amendments made by this Act.
                              ----------                              


11. An Amendment To Be Offered by Representative Green of Texas or His 
                   Designee, Debatable for 10 Minutes

    Page 4, line 21, strike ``or'' and insert a comma.
    Page 4, line 23, after ``section 802'', insert ``as 
provided for in the rule following failure to vote on a joint 
resolution of approval as referred to subsection (b)(3)''.
    Page 5, line 10, strike ``A major rule'' and insert the 
following: ``Except as provided in paragraph (3), a major 
rule''.
    Page 5, insert after line 21 the following:
          ``(3) If either House of Congress has failed to vote 
        on passage of a joint resolution described in section 
        802 relating to a major rule by the end of 70 session 
        days or legislative days, as applicable, beginning on 
        the date on which the report referred to in subsection 
        (a)(1)(A) is received by Congress (excluding days 
        either House of Congress is adjourned for more than 3 
        days during a session of Congress), then the major rule 
        shall take effect.''.
                              ----------                              


     12. An Amendment To Be Offered by Representative Houlahan of 
         Pennsylvania or Her Designee, Debatable for 10 Minutes

    Page 17, line 13, strike ``$100 million'' and insert ``$1 
billion''.
                              ----------                              


 13. An Amendment To Be Offered by Representative Joyce of Ohio or His 
                   Designee, Debatable for 10 Minutes

    Page 18, strike lines 1 through 16, and insert the 
following:
          ``(4) The term `rule' has the meaning given such term 
        in section 551, except that such term--
                  ``(A) includes interpretative rules, general 
                statements of policy, and all other agency 
                guidance documents; and
                  ``(B) does not include--
                          ``(i) any rule of particular 
                        applicability, including a rule that 
                        approves or prescribes for the future 
                        rates, wages, prices, services, or 
                        allowances therefore, corporate or 
                        financial structures, reorganizations, 
                        mergers, or acquisitions thereof, or 
                        accounting practices or disclosures 
                        bearing on any of the foregoing;
                          ``(ii) any rule relating to agency 
                        management or personnel; or
                          ``(iii) any rule of agency 
                        organization, procedure, or practice 
                        that does not substantially affect the 
                        rights or obligations of non-agency 
                        parties.
                              ----------                              


 14. An Amendment To Be Offered by Representative Roy of Texas or His 
                   Designee, Debatable for 10 Minutes

    Page 17, line 10, insert after ``and Budget'' the following 
``determines makes reference to Executive Order 14091, 14075, 
14035, 14021, 13988, or 13985, or''.
    Page 18, line 12, insert after ``personnel'' the following: 
``(except to the extent such rule makes reference to Executive 
Order 14091, 14075, 14035, 14021, 13988, or 13985)''.
                              ----------                              


 15. An Amendment To Be Offered by Representative Roy of Texas or His 
                   Designee, Debatable for 10 Minutes

    Page 17, line 17, strike ``or'' at the end.
    Page 17, line 22, strike the period at the end and insert 
``; or''.
    Page 17, insert after line 22 the following:
                  ``(D) in an increase in mandatory 
                vaccinations.''.
    Page 18, line 12, insert after ``personnel'' the following: 
``(except to the extent such rule is described in paragraph 
(2)(D))''.
                              ----------                              


          PART B--TEXT OF AMENDMENT TO H.R. 288 MADE IN ORDER

 1. An Amendment To Be Offered by Representative Hageman of Wyoming or 
                 Her Designee, Debatable for 10 Minutes

    Page 1, beginning on line 16, strike ``and rules made by 
agencies'' and insert ``rules made by agencies, and 
interpretative rules, general statements of policy, and all 
other agency guidance documents''.

         PART C--TEXT OF AMENDMENTS TO H.R. 1615 MADE IN ORDER

1. An Amendment To Be Offered by Representative Boebert of Colorado or 
                 Her Designee, Debatable for 10 Minutes

    Page 2, line 20, insert after ``United States'' the 
following: ``, would otherwise result in the unavailability in 
the United States of a type (or class) of product based on the 
type of fuel the product consumes,''.
                              ----------                              


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

    Page 2, line 3, strike ``Substantially''.
    Page 2, line 4, strike ``substantially''.
    Page 2, line 7, strike ``substantially''.
    Page 2, beginning on line 20, strike ``substantially''.

         PART D--TEXT OF AMENDMENTS TO H.R. 1640 MADE IN ORDER

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

    Page 2, beginning on line 8, strike ``unless the Secretary 
determines that imposition of such energy conservation standard 
is not likely to result in the unavailability in the United 
States of a type (or class) of product based on what type of 
fuel the product consumes.'' and insert ``unless--''.
    Page 2, line 12, strike the closing quotation mark and the 
final period.
    Page 2, after line 12, insert the following:
                  ``(A) the Secretary determines that 
                imposition of such energy conservation standard 
                is not likely to result in the unavailability 
                in the United States of a type (or class) of 
                product based on what type of fuel the product 
                consumes; and
                  ``(B) the Secretary discloses all stakeholder 
                meetings with entities that--
                          ``(i) have ties to the People's 
                        Republic of China or the Chinese 
                        Communist Party;
                          ``(ii) have produced studies 
                        regarding, or advocated for, 
                        regulations or policy to limit, 
                        restrict, or ban the use of any type of 
                        energy; and
                          ``(iii) have applied for or received 
                        Federal funds.''.
                              ----------                              


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

    Page 2, line 14, strike ``The Secretary'' and insert the 
following:
    (a) In General.--Subject to subsection (b), the Secretary
    Page 2, after line 18, insert the following:
    (b) Energy Security Exemption.--Subsection (a) shall not 
take effect unless and until the Secretary of Energy certifies 
that the absence of new or amended energy conservation 
standards described in the proposed rule described in 
subsection (a) (or any substantially similar rule) will not 
adversely affect the energy security of the United States.
                              ----------                              


  3. An Amendment To Be Offered by Representative Pallone Jr. of New 
            Jersey or His Designee, Debatable for 10 Minutes

    Strike section 2.
    Page 2, line 18, strike ``or any substantially similar 
rule''.

                                  [all]