59–008 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–349 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2693) TO DIRECT THE 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION TO ISSUE A 

STANDARD REGULATING WORKER EXPOSURE TO DIACETYL 

SEPTEMBER 25, 2007.—Referred to the House Calendar and ordered to be printed 

Ms. SUTTON, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 678] 

The Committee on Rules, having had under consideration House 

Resolution 678, by a record vote of 7–3, with one member voting 

present, 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. 2693, the Popcorn Workers Lung Disease Prevention Act, under a structured 

rule. The rule provides one hour of general debate equally divided 

and controlled by the chairman and ranking minority member of 

the Committee on Education and Labor. The rule waives all points 

of order against consideration of the bill except clauses 9 and 10 

of rule XXI. The rule provides that the amendment in the nature 

of a substitute recommended by the Committee on Education and 

Labor now printed in the bill shall be considered as an original bill 

for the purpose of amendment and shall be considered as read. All 

points of order against the committee amendment in the nature of 

a substitute are waived except clause 10 of rule XXI. 

The rule makes in order only those amendments printed in this 

report. The amendments made in order 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 a division of 

the question in the House or in the Committee of the Whole. All 

points of order against the amendments except for clauses 9 and 

10 of rule XXI are waived. The rule provides one motion to recommit with or without instructions. The rule provides that, notwithstanding the operation of the previous question, the Chair may 


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postpone further consideration of the bill to a time designated by 

the Speaker. 

EXPLANATION OF WAIVERS

The rule waives all points of order against consideration of the 

bill (except for clauses 9 and 10 of rule XXI) and against the committee amendment in the nature of a substitute (except for clause 

10 of rule XXI). The waiver of all points of order against the 

amendment in the nature of a substitute includes a waiver of 

clause 7 of rule XVI, relating to germaneness. 

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. 315 

Date: September 25, 2007. 

Measure: H.R. 2693. 

Motion by: Mr. Hastings (WA). 

Summary of motion: To grant an open rule. 

Results: Defeated 3–8. 

Vote by Members: Hastings (FL)—Nay; Matsui—Nay; Cardoza—

Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Slaughter—

Nay. 

Rules Committee record vote No. 316 

Date: September 25, 2007. 

Measure: H.R. 2693. 

Motion by: Mr. Dreier. 

Summary of motion: To add clause 9 of rule XXI to the exception 

of waivers against the committee amendment in the nature of a 

substitute. 

Results: Defeated 3–8. 

Vote by Members: Hastings (FL)—Nay; Matsui—Nay; Cardoza—

Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Slaughter—

Nay. 

Rules Committee record vote No. 317 

Date: September 25, 2007. 

Measure: H.R. 2693. 

Motion by: Hastings (FL). 

Summary of motion: To report the rule. 

Results: Adopted 7–3, with one member voting present. 

Vote by Members: Hastings (FL)—Yea; Matsui—Yea; Cardoza—

Pres; Welch—Yea; Castor—Yea; Arcuri—Yea; Sutton—Yea; 

Dreier—Nay; Diaz-Balart—Nay; Hastings (WA)—Nay; Slaughter—

Yea. 

SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE

Miller, George (CA) Manager’s Amendment. The amendment 

clarifies that a standard will only be needed if diacetyl is still in 


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use. Second, it clarifies that Section 4, calling for a NIOSH study, 

applies to potential substitutes for diacetyl. (10 minutes) 

Wilson, Joe (SC). The amendment requires the Occupational 

Safety and Health Administration to wait until the National Institute for Occupational Safety and Health (NIOSH) concludes there 

is sufficient data to support a recommended exposure limit and establishes such recommended exposure limit before issuing a final 

standard. (10 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GEORGE

MILLER OF CALIFORNIA, OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 6, line 21, insert ‘‘, if at such time, diacetyl is still being 

processed or utilized in facilities subject to such Act’’ after ‘‘diacetyl’’. 

Page 7, line 5, strike ‘‘of’’ and insert ‘‘for’’. 

Page 7, line 7, strike ‘‘used in the production’’ and all that follows 

through ‘‘NIOSH’’ and insert ‘‘that may be used as substitutes for 

diacetyl and’’. 

Page 7, strike lines 13 through 18 and insert the following: 

(b) CONSTRUCTION.—Nothing in this section shall be construed as 

affecting the timing of the rulemaking outlined in section 2. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WILSON OF

SOUTH CAROLINA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 6, line 18, strike ‘‘the date of enactment of this Act,’’ and 

insert ‘‘the National Institute for Occupational Safety and Health 

concludes there is sufficient data to support a recommended exposure limit and establishes such recommended exposure limit,’’. 

Æ 


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