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[House Report 113-373]
[From the U.S. Government Publishing Office]

113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-373

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    PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3826) TO PROVIDE 
 DIRECTION TO THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY 
     REGARDING THE ESTABLISHMENT OF STANDARDS FOR EMISSIONS OF ANY 
   GREENHOUSE GAS FROM FOSSIL FUEL-FIRED ELECTRIC UTILITY GENERATING 
 UNITS, AND FOR OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF THE 
 BILL (H.R. 4118) TO AMEND THE INTERNAL REVENUE CODE OF 1986 TO DELAY 
   THE IMPLEMENTATION OF THE PENALTY FOR FAILURE TO COMPLY WITH THE 
                  INDIVIDUAL HEALTH INSURANCE MANDATE

                                _______
                                

   March 4, 2014.--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. 497]

    The Committee on Rules, having had under consideration 
House Resolution 497, by a record vote of 5 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.R. 3826, the 
Electricity Security and Affordability 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 Energy and Commerce. The 
resolution waives all points of order against consideration of 
the bill. The resolution makes in order as original text for 
the purpose of amendment an amendment in the nature of a 
substitute consisting of the text of Rules Committee Print 113-
40 and provides that it shall be considered as read. The 
resolution waives all points of order against that amendment in 
the nature of a substitute. The resolution makes in order only 
those further 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.R. 4118, the Suspending the Individual Mandate Penalty Law 
Equals Fairness Act, 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 Ways 
and Means. 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 
provides one motion to recommit.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 3826, 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 in the nature of a substitute made in order as 
original text, 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 this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.
    The waiver of all points of order against consideration of 
H.R. 4118 includes a waiver of section 311 of the Congressional 
Budget Act of 1974, 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.R. 4118, 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. 112

    Motion by Ms. Slaughter to report open rules for H.R. 3826 
and H.R. 4118. Defeated: 4-5.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................  ............  Mr. McGovern......................          Yea
Mr. Cole........................................  ............  Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................  ............
Mr. Burgess.....................................          Nay
Mr. Sessions, Chairman..........................  ............
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 113

    Motion by Mr. Woodall to report the rule. Adopted: 5-4.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Bishop of Utah..............................  ............  Mr. McGovern......................          Nay
Mr. Cole........................................  ............  Mr. Hastings of Florida...........          Nay
Mr. Woodall.....................................          Yea   Mr. Polis.........................          Nay
Mr. Nugent......................................          Yea
Mr. Webster.....................................          Yea
Ms. Ros-Lehtinen................................  ............
Mr. Burgess.....................................          Yea
Mr. Sessions, Chairman..........................  ............
----------------------------------------------------------------------------------------------------------------

          SUMMARY OF THE AMENDMENTS TO H.R. 3826 MADE IN ORDER

    1. Smith, Lamar (TX), Schweikert (AZ): Requires the 
Administrator to apply the specific criteria, under the bill, 
for setting a standard based on the best system of emission 
reduction for new sources within the coal category, when 
setting a standard for any fossil fuel category. (10 minutes)
    2. Capps (CA), McNerney (CA): Allows the EPA to consider 
all pollution control technologies being used in the United 
States or elsewhere when setting new power plant emission 
standards. (10 minutes)
    3. Capito (WV): Clarifies that the bill does not preclude a 
performance standard that is based on a technology developed in 
a foreign country, as long as that technology has been 
demonstrated to be achievable at a power plant in the United 
States. (10 minutes)
    4. McKinley (WV): Requires the EPA when submitting their 
report to Congress to consult with the Energy Information 
Administration; Comptroller General; National Energy Technology 
Laboratory; and the National Institute for Standards and 
Technology. (10 minutes)
    5. McKinley (WV): When reporting to the Congress, the 
amendment will, additionally, require the EPA to look at the 
economic impact of such rule or guidelines, including the 
potential effects on: require capital investments and projected 
costs for operation and maintenance of new equipment required 
to be installed; and the global competitiveness of the United 
States. (10 minutes)
    6. Schakowsky (IL), Lowenthal (CA): Accepts the scientific 
finding of the EPA that greenhouse gas pollution is 
``contributing to long-lasting changes in our climate that can 
have a range of negative effects.'' (10 minutes)
    7. Latta (OH): Clarifies that the definition of 
``demonstration project'' refers to projects that are receiving 
federal government funding or financial assistance. (10 
minutes)
    8. Waxman (CA): Provides that the bill takes effect when 
the Administrator of the EIA certifies that another Federal 
program, other than one under section 111 of the Clean Air Act, 
will reduce carbon pollution in at least equivalent quantities, 
with similar timing and from the same sources as the reductions 
required under the rules and guidelines nullified by section 4. 
(10 minutes)

             TEXT OF AMENDMENTS TO H.R. 3826 MADE IN ORDER

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

  Page 2, lines 7 to 8, strike ``within the coal category'' and 
insert ``within a fossil-fuel category''.
                              ----------                              

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

  In section 2(b)(2)(A)(i), insert ``or elsewhere'' after ``in 
the United States''.
  In section 2(c)(2)(A)(i), insert ``or elsewhere'' after ``in 
the United States''.
                              ----------                              

3. An Amendment To Be Offered by Representative Capito of West Virginia 
               or Her Designee, Debatable for 10 Minutes

    At the end of section 2, add the following:
  (d) Technologies.--Nothing in this section shall be construed 
to preclude the issuance, implementation, or enforcement of a 
standard of performance that--
          (1) is based on the use of one or more technologies 
        that are developed in a foreign country, but has been 
        demonstrated to be achievable at fossil fuel-fired 
        electric utility generating units in the United States; 
        and
          (2) meets the requirements of subsection (b) and (c), 
        as applicable.
                              ----------                              

   4. An Amendment To Be Offered by Representative McKinley of West 
           Virginia or His Designee, Debatable for 10 Minutes

  At the end of section 3, add the following new subsection:
  (d) Consultation.--In carrying out subsection (c), the 
Administrator of the Environmental Protection Agency shall 
consult with the Administrator of the Energy Information 
Administration, the Comptroller General of the United States, 
the Director of the National Energy Technology Laboratory, and 
the Under Secretary of Commerce for Standards and Technology.
                              ----------                              

   5. An Amendment To Be Offered by Representative McKinley of West 
           Virginia or His Designee, Debatable for 10 Minutes

  Page 5, line 17, strike ``; and'' and insert a semicolon.
  Page 5, line 19, strike ``States.'' and insert ``States;''.1
  Page 5, after line 19, insert the following:
                  (C) required capital investments and 
                projected costs for operation and maintenance 
                of new equipment required to be installed; and
                  (D) the global economic competitiveness of 
                the United States.
                              ----------                              

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

  Redesignate section 5 as section 6 and insert after section 4 
the following:

SEC. 5. CONGRESSIONAL ACCEPTANCE OF SCIENTIFIC FINDINGS.

  Congress accepts the scientific finding (contained in the 
proposed rule referred to in section 4(2)) that greenhouse gas 
pollution is ``contributing to long-lasting changes in our 
climate that can have a range of negative effects''.
                              ----------                              

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

  Page 8, line 4, strike ``government'' and insert ``Federal 
Government''.
                              ----------                              

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

  At the end of the bill, add the following:

SEC. 6. EFFECTIVE DATE.

  This Act shall take effect when the Administrator of the 
Energy Information Administration certifies that a Federal 
program, other than a program under section 111 of the Clean 
Air Act (42 U.S.C. 7411), will reduce carbon pollution in at 
least equivalent quantities to, with similar timing, and from 
the same sources as the carbon pollution reductions required in 
the aggregate by the rules and guidelines listed in paragraphs 
(2), (3), and (4) of section 4.

                                  
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