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[House Report 114-453]
[From the U.S. Government Publishing Office]

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 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
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 
opt-out 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''.

         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:

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.

                                  [all]
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