59–008 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–453 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4596) TO ENSURE 

THAT SMALL BUSINESS PROVIDERS OF BROADBAND INTERNET ACCESS 

SERVICE CAN DEVOTE RESOURCES TO BROADBAND DEPLOYMENT 

RATHER THAN COMPLIANCE WITH CUMBERSOME REGULATORY REQUIREMENTS, AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 

3797) TO ESTABLISH THE BASES BY WHICH THE ADMINISTRATOR OF 

THE ENVIRONMENTAL PROTECTION AGENCY SHALL ISSUE, IMPLEMENT, AND ENFORCE CERTAIN EMISSION LIMITATIONS AND ALLOCATIONS FOR EXISTING ELECTRIC UTILITY STEAM GENERATING UNITS 

THAT CONVERT COAL REFUSE INTO ENERGY 

MARCH 14, 2016.—Referred to the House Calendar and ordered to be printed 

Mr. STIVERS, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 640] 

The Committee on Rules, having had under consideration House 

Resolution 640, by a record vote of 6 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. 4596, the Small 

Business Broadband Deployment Act, under a structured rule. The 

resolution provides one hour of 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 provides 

that the amendment in the nature of a substitute recommended by 

the Committee on Energy and Commerce now printed in the bill 

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 makes in 

order only the further amendment printed in part A of this report, 

if offered by the Member designated in this report. The amendment 

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. The resolution 

waives all points of order against the amendment printed in part 


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A of this report. The resolution provides one motion to recommit 

with or without instructions. 

Section 2 of the resolution provides for consideration of H.R. 

3797, the SENSE 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 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 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 in the House or in the 

Committee of the Whole. The resolution waives all points of order 

against the amendments printed in part B of this report. The resolution provides one motion to recommit with or without instructions. 

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against consideration of H.R. 4596, 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. 4596, 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 to H.R. 4596 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. 3797, 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. 3797, 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 to H.R. 3797 printed in part B 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. 153 

Motion by Ms. Slaughter to report open rules for H.R. 3797 and 

H.R. 4596. Defeated: 4–6 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 


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Majority Members Vote Minority Members Vote 

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 

Rules Committee record vote No. 154 

Motion by Ms. Foxx to report the rule. Adopted: 6–4 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Yea Ms. Slaughter .................................................. Nay 

Mr. Cole ............................................................ ................... Mr. McGovern ................................................... Nay 

Mr. Woodall ...................................................... Yea Mr. Hastings of Florida ................................... Nay 

Mr. Burgess ...................................................... Yea Mr. Polis ........................................................... Nay 

Mr. Stivers ........................................................ Yea 

Mr. Collins ........................................................ ...................

Mr. Byrne .......................................................... Yea 

Mr. Newhouse ................................................... ...................

Mr. Sessions, Chairman ................................... Yea 

SUMMARY OF THE AMENDMENT TO H.R. 4596 IN PART A MADE IN

ORDER

1. Veasey (TX): Requires the FCC to also answer whether a permanent exemption would increase access to services offered by 

small internet service providers. (10 minutes) 

SUMMARY OF THE AMENDMENTS TO H.R. 3797 IN PART B MADE IN

ORDER

1. Pallone (NJ): Strikes the Cross-State Air Pollution Rule portion of the bill. (10 minutes) 

2. Engel (NY): Gives the Governor of a State the ability to optout of the Cross-State Air Pollution Rule portion of the bill if the 

Governor determines that implementing that provision would increase the overall cost of complying with EPA’s rule. (10 minutes) 

3. Bera (CA): Requires a GAO report on the increase in sulfur 

dioxide and other air pollution emissions that result from this Act 

and the effect of such emissions on public health. (10 minutes) 

4. Peters, Scott (CA): Requires the EPA to provide notice to communities about the anticipated effects of this Act on air quality not 

later than 90 days after the date of enactment of this Act. (10 minutes) 

5. Veasey (TX): Ensures public health is taken into account by 

the Administrator of the Environmental Protection Agency before 

law goes into effect. (10 minutes) 

PART A—TEXT OF AMENDMENT TO H.R. 4596 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE VEASEY OF

TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 4, line 4, insert before the semicolon the following: ‘‘, including whether making such exception permanent would increase access to services provided by small businesses’’. 


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PART B—TEXT OF AMENDMENTS TO H.R. 3797 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PALLONE

JR. OF NEW JERSEY OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike sections 2(a)(6), 2(a)(8), and 2(b) and redesignate accordingly. 

Amend section 2(a)(7) to read as follows: 

(7) ELECTRIC UTILITY STEAM GENERATING UNIT.—The term 

‘‘electric utility steam generating unit’’ means an electric utility steam generating unit, as such term is defined in section 

63.10042 of title 40, Code of Federal Regulations, or any successor regulation. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ENGEL OF

NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 8, after line 23, insert the following new paragraph: 

(3) APPLICABILITY.—This subsection shall not apply with respect to a State if the Governor of the State, or the head of the 

authority that implements CSAPR for the State, makes a determination, and notifies the Administrator, that implementation of this subsection will increase the State’s overall compliance costs for CSAPR. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BERA OF

CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 11, after line 17, insert the following new section: 

SEC. 3. GAO REPORT. 

Not later than 90 days after the date of enactment of this Act, 

the Comptroller General of the United States shall issue a report 

detailing the increase in emissions of sulfur dioxide and other air 

pollutants that will result from implementation of this Act and the 

effect of such emissions on public health. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PETERS OF

CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 11, after line 17, insert the following new section: 

SEC. 3. PUBLIC NOTICE. 

Not later than 90 days after the date of enactment of this Act, 

the Administrator shall give notice of the anticipated effects of this 

Act on air quality to all States, municipalities, towns, tribal governments, or other governmental entities in areas that— 

(1) include or are adjacent to a coal refuse electric utility 

steam generating unit to which this Act applies; or 

(2) are likely to be affected by air emissions from such a 

unit. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE VEASEY OF

TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end, add the following new section: 


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SEC. 3. EFFECTIVE DATE. 

This Act may not go into effect until the Administrator certifies 

that implementation of this Act will not cause or result in an increase of emissions of air pollutants that adversely affect public 

health, including by increasing incidents of respiratory and cardiovascular illnesses and deaths, such as cases of heart attacks, asthma attacks, and bronchitis. 

Æ 


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