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[House Report 112-680]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-680

======================================================================

 
  PROVIDING FOR CONSIDERATION OF THE JOINT RESOLUTION (H.J. RES. 118) 
  PROVIDING FOR CONGRESSIONAL DISAPPROVAL UNDER CHAPTER 8 OF TITLE 5, 
   UNITED STATES CODE, OF THE RULE SUBMITTED BY THE OFFICE OF FAMILY 
   ASSISTANCE OF THE ADMINISTRATION FOR CHILDREN AND FAMILIES OF THE 
    DEPARTMENT OF HEALTH AND HUMAN SERVICES RELATING TO WAIVER AND 
EXPENDITURE AUTHORITY UNDER SECTION 1115 OF THE SOCIAL SECURITY ACT (42 
    U.S.C. 1315) WITH RESPECT TO THE TEMPORARY ASSISTANCE FOR NEEDY 
 FAMILIES PROGRAM; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3409) 
   TO LIMIT THE AUTHORITY OF THE SECRETARY OF THE INTERIOR TO ISSUE 
REGULATIONS BEFORE DECEMBER 31, 2013, UNDER THE SURFACE MINING CONTROL 
 AND RECLAMATION ACT OF 1977; AND PROVIDING FOR PROCEEDINGS DURING THE 
       PERIOD FROM SEPTEMBER 22, 2012, THROUGH NOVEMBER 12, 2012

                                _______
                                

 September 19, 2012.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

           Mr. Bishop of Utah, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 788]

    The Committee on Rules, having had under consideration 
House Resolution 788, by a record vote of 8 to 2, 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. 118, 
providing for congressional disapproval under chapter 8 of 
title 5, United States Code, of the rule submitted by the 
Office of Family Assistance of the Administration for Children 
and Families of the Department of Health and Human Services 
relating to waiver and expenditure authority under section 1115 
of the Social Security Act (42 U.S.C. 1315) with respect to the 
Temporary Assistance for Needy Families program, under a closed 
rule. The resolution provides one hour of debate equally 
divided among and controlled by the chair and ranking minority 
member of the Committee on Ways and Means and the chair and 
ranking minority member of the Committee on Education and the 
Workforce. 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 for one motion to 
recommit.
    Section 2 of the resolution provides for consideration of 
H.R. 3409, the Coal Miner Employment and Domestic Energy 
Infrastructure Protection Act, under a structured rule. The 
resolution provides one hour of general debate equally divided 
among and controlled by the chair and ranking minority member 
of the Committee on Natural Resources, the chair and ranking 
minority member of the Committee on Energy and Commerce, and 
the chair and ranking minority member of the Committee on 
Transportation and Infrastructure. The resolution waives all 
points of order against consideration of the bill. The 
resolution makes in order an amendment in the nature of a 
substitute consisting of the text of Rules Committee Print 112-
32 as original text for purpose of amendment and provides that 
it shall be considered as read. The resolution waives all 
points of order against the amendment in the nature of a 
substitute. The resolution makes in order only those amendments 
to H.R. 3409 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 3 of the resolution provides that on any 
legislative day during the period from September 22, 2012 
through November 12, 2012: (a) the Journal of the proceedings 
of the previous day shall be considered as approved; (b) the 
Chair may adjourn the House to meet at a date and time within 
the limits of clause 4, section 5, article I of the 
Constitution; and (c) bills and resolutions introduced shall be 
numbered, listed in the Congressional Record, and when printed 
shall bear the date of introduction, but may be referred at a 
later time.
    Section 4 of the resolution provides that the Speaker may 
appoint Members to perform the duties of the Chair for the 
duration of the period addressed by section 3 as though under 
clause 8(a) of rule I.
    Section 5 of the resolution provides that each day during 
the period addressed by section 3 shall not constitute a 
calendar day for purposes of section 7 of the War Powers 
Resolution (50 U.S.C. 1546).
    Section 6 of the resolution provides that each day during 
the period addressed by section 3 shall not constitute a 
legislative day for purposes of clause 7 of rule XIII 
(resolutions of inquiry).
    Finally, section 7 of the resolution provides that each day 
during the period addressed by section 3 shall not constitute a 
calendar or legislative day for purposes of clause 7(c)(1) of 
rule XXII (motions to instruct).

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against 
consideration of H.J. Res. 118, 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 
provisions in the joint resolution, 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. 3409, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    The waiver of all points of order against the amendment in 
the nature of a substitute to H.R. 3409 made in order as 
original text includes a waiver of clause 7 of rule XVI 
(germaneness), which requires that no motion or proposition on 
a subject different from that under consideration shall be 
admitted under color of amendment.
    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.

                            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. 353

    Motion by Ms. Slaughter to grant H.R. 3409 and H.J. Res. 
118 each an open rule. Defeated: 2-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Ms. Slaughter.....................          Yea
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Bishop of Utah..............................          Nay
Mr. Woodall.....................................          Nay
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 354

    Motion by Ms. Slaughter to make in order and provide the 
appropriate waivers for amendment #10 to H.R. 3409, offered by 
Rep. Boswell (IA), which would insert the text of the 
Agriculture Reform, Food, and Jobs Act of 2012. Defeated: 2-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Ms. Slaughter.....................          Yea
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Bishop of Utah..............................          Nay
Mr. Woodall.....................................          Nay
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 355

    Motion by Ms. Slaughter to make in order and provide the 
appropriate waivers for amendment #25 to H.R. 3409, offered by 
Rep. Moore (WI), which would add S. 1925, the Violence Against 
Women Act, at the end of H.R. 3409. Defeated: 2-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Ms. Slaughter.....................          Yea
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Bishop of Utah..............................          Nay
Mr. Woodall.....................................          Nay
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 356

    Motion by Ms. Slaughter to make in order and provide the 
appropriate waivers for amendment #27 to H.R. 3409, offered by 
Rep. Levin (MI), which would strike and replace the text of the 
act in consideration with the ``Middle Class Tax Cut Act.'' 
Defeated: 2-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Ms. Slaughter.....................          Yea
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Bishop of Utah..............................          Nay
Mr. Woodall.....................................          Nay
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 357

    Motion by Mr. McGovern to make in order and provide the 
appropriate waivers for amendments to H.R. 3409: #24, offered 
by Rep. Blumenauer (OR), which would strike the text of H.R. 
3409 and replace it with H.R. 3307, bipartisan legislation that 
will extend the Production Tax Credit until January 1, 2017 and 
#21, offered by Rep. Boswell (IA), which would extend the 
Renewable Energy Production Tax Credit through the end of 2016. 
Defeated: 
2-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Ms. Slaughter.....................          Yea
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Bishop of Utah..............................          Nay
Mr. Woodall.....................................          Nay
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 358

    Motion by Mr. McGovern to make in order and provide the 
appropriate waivers for amendment #19 to H.R. 3409, offered by 
Rep. Connolly (VA), which would insert the text of S. 1789, the 
``21st Century Postal Service Act of 2012.'' Defeated: 2-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Ms. Slaughter.....................          Yea
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Bishop of Utah..............................          Nay
Mr. Woodall.....................................          Nay
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 359

    Motion by Mr. McGovern to make in order and provide the 
appropriate waivers for amendments to H.R. 3409: #20, offered 
by Rep. Connolly (VA), which would provide protection from 
illness and death that may result from H.R. 3409, #2, offered 
by Rep. DeFazio (OR), which would clarify that nothing in Title 
I of the bill would preempt other federal departments or state 
and local agencies from enforcing rules to protect the 
environment, public health, and public safety from the impacts 
of mining and transporting coal, #4, offered by Rep. Deutch 
(FL), which would block the provisions of the Act until the 
National Cancer Institute determines that the Act will not 
result in an increased cancer risk for vulnerable populations, 
#17, offered by Rep. Holt (NJ), which would ensure that 
underlying bill does not prohibit the Secretary of Interior 
from issuing regulations that are necessary to protect public 
health, protect the safety of workers, or to ensure a proper 
return to American taxpayers, and #3, offered by Rep. Tonko 
(NY), which would prohibit the Secretary from awarding a lease 
to a bidder on coal leases if the bidder does not disclose 
information about the campaign and SuperPac contributions the 
bidder made to influence an election for federal office during 
the 5-year period preceding the submission of the bid to the 
Secretary. Defeated: 2-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Ms. Slaughter.....................          Yea
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Bishop of Utah..............................          Nay
Mr. Woodall.....................................          Nay
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 360

    Motion by Mr. Sessions to report the rule. Adopted: 8-2

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Yea   Ms. Slaughter.....................          Nay
Ms. Foxx........................................          Yea   Mr. McGovern......................          Nay
Mr. Bishop of Utah..............................          Yea
Mr. Woodall.....................................          Yea
Mr. Nugent......................................          Yea
Mr. Scott of South Carolina.....................          Yea
Mr. Webster.....................................          Yea
Mr. Dreier, Chairman............................          Yea
----------------------------------------------------------------------------------------------------------------

          SUMMARY OF THE AMENDMENTS TO H.R. 3409 MADE IN ORDER

    1. Markey, Edward (MA): Would allow the Secretary of 
Interior to promulgate rules under the Surface Mining Control 
and Reclamation Act, if such rule would reduce the prevalence 
of pulmonary diseases, lung cancer, cardiovascular disease or 
reduce the prevalence of birth defects or reproductive problems 
in pregnant women or children. (10 minutes)
    2. Bucshon (IN): Would require that the Secretary, or any 
other Federal official proposing a rule under this Act, shall 
publish with each rule proposed under this Act each, scientific 
study the Secretary or other official, respectively, relied on 
in developing the rule. This amendment will ensure that rules 
being issued are based on scientific study. (10 minutes)
    3. Waxman (CA): Would strike the language that would repeal 
EPA's scientific finding that carbon pollution endangers the 
public health and welfare. (10 minutes)
    4. Kelly (PA): Would require the Secretary of 
Transportation to submit a report to Congress estimating the 
number of jobs, the fatalities and injuries, and the cost to 
the economy caused by the ``2017 and Later Model Year Light-
Duty Vehicle Greenhouse Gas Emissions and Corporate Average 
Fuel Economy Standards'' rule. Would require that the Secretary 
shall not consult with the EPA or the California Air Resources 
Board to complete the report. (10 minutes)
    5. Markey, Edward (MA): Would allow the Environmental 
Protection Agency to take any action using its authority under 
the Clean Air Act if such action would increase North American 
energy independence by reducing demand for oil. (10 minutes)
    6. Benishek (MI): Would require the Committee for the 
Cumulative Analysis of Regulations that Impact Energy and 
Manufacturing in the United States to include the health 
effects associated with regulatory costs in its assessment. (10 
minutes)
    7. Harris (MD): Would reinforce the transparency and sound 
science requirements in the bill. Specifically, it would 
require EPA to make data and modeling inputs available to the 
public, and would require Regulatory Impact Analysis to undergo 
external peer review according to the agency's own peer review 
guidelines. (10 minutes)
    8. Jackson Lee (TX): Would strike section 503 of the 
committee print. The existing deadlines in subsections (m) and 
(q) of section 404 of the Clean Water Act would remain 
unchanged. (10 minutes)
    9. McKinley (WV): Would prohibit the EPA from retroactively 
vetoing a Section 404 Permit under the Clean Water Act, just as 
Mr. McKinley's bill H.R. 457 would do. (10 minutes)
    10. Markey, Edward (MA): Would create a national renewable 
electricity and energy efficiency standard. (10 minutes)
    11. DeFazio (OR): Would require EPA and the Department of 
Transportation to submit a report to Congress within 6 months 
on the health, environmental, and public health impacts of 
fugitive coal dust. (10 minutes)
    12. Berg (ND), Flake, Jeff (AZ), Gosar (AZ), Lankford (OK): 
Would give power to the states to revoke any existing federal 
implementation plan (FIP) with regard to the regulation of 
visibility. In revoking the FIP, the state must propose a state 
implementation plan (SIP) to regulate visibility within 2 
years. Would also give the states a minimum of five years to 
become compliant with federal standards if they choose to 
accept the FIP, allowing businesses time to plan for the 
changes. (10 minutes)
    13. Gosar (AZ): Would add language to the end of the ``Stop 
the War on Coal Act of 2012'' which would limit the authority 
of the Environmental Protection Agency to issue regulations on 
the Navajo Generating Station, located near Page, Arizona. (10 
minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

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

  Page 3, strike the period at line 12 and insert a semicolon, 
and after line 12 insert the following:

unless it is found by the Secretary of Interior, in 
consultation with Secretary of Health and Human Services, that 
such a rule would reduce the prevalence of pulmonary disease, 
lung cancer, or cardiovascular disease or reduce the prevalence 
of birth defects or reproductive problems in pregnant women or 
children.
                              ----------                              

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

  At the end of title I (page 3, after line 12) add the 
following:

SEC. __. PUBLICATION OF SCIENTIFIC STUDIES FOR PROPOSED RULES.

  (a) Requirement.--Title VI of the Surface Mining Control and 
Reclamation Act of 1977 (16 U.S.C. 1291 et seq.) is amended by 
adding at the end the following:

         ``PUBLICATION OF SCIENTIFIC STUDIES FOR PROPOSED RULES

  ``Sec. 722.  (a) Requirement.--The Secretary, or any other 
Federal official proposing a rule under this Act, shall publish 
with each rule proposed under this Act each scientific study 
the Secretary or other official, respectively, relied on in 
developing the rule.
  ``(b) Scientific Study Defined.--In this section the term 
`scientific study' means a study that--
          ``(1) applies rigorous, systematic, and objective 
        methodology to obtain reliable and valid knowledge 
        relevant to the subject matter involved;
          ``(2) presents findings and makes claims that are 
        appropriate to, and supported by, the methods that have 
        been employed; and
          ``(3) includes, appropriate to the rule being 
        proposed--
                  ``(A) use of systematic, empirical methods 
                that draw on observation or experiment;
                  ``(B) use of data analyses that are adequate 
                to support the general findings;
                  ``(C) reliance on measurements or 
                observational methods that provide reliable and 
                generalizable findings;
                  ``(D) strong claims of causal relationships, 
                only with research designs that eliminate 
                plausible competing explanations for observed 
                results, such as, but not limited to, random-
                assignment experiments;
                  ``(E) presentation of studies and methods in 
                sufficient detail and clarity to allow for 
                replication or, at a minimum, to offer the 
                opportunity to build systematically on the 
                findings of the research;
                  ``(F) acceptance by a peer-reviewed journal 
                or critique by a panel of independent experts 
                through a comparably rigorous, objective, and 
                scientific review; and
                  ``(G) consistency of findings across multiple 
                studies or sites to support the generality of 
                results and conclusions.''.
  (b) Clerical Amendment.--The table of contents at the end of 
the first section of such Act is amended by adding at the end 
of the items relating to such title the following:

``Sec. 722. Publication of scientific studies for proposed rules.''.
                              ----------                              

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

  Page 6, lines 18 to 21, strike subparagraph (B) (and 
redesignate the following subparagraphs accordingly).
                              ----------                              

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

  In section 202 of the Rules Committee Print, strike ``Section 
209(b) of the Clean Air Act'' and insert the following:
  (a) Finding.--Congress finds that the emissions of greenhouse 
gases from a motor vehicle tailpipe are related to fuel 
economy.
  (b) Report Required.--Not later than 60 days after the date 
of enactment of this Act, the Secretary of Transportation shall 
submit a report to the Congress that, notwithstanding section 
201, assumes the implementation and enforcement of the final 
rule entitled ``2017 and Later Model Year Light-Duty Vehicle 
Greenhouse Gas Emissions and Corporate Average Fuel Economy 
Standards'' (issued on August 28, 2012) and estimates--
          (1) the total number of jobs that will be lost due to 
        decreased demand by year caused by the rule;
          (2) the number of additional fatalities and injuries 
        that will be caused by the rule; and
          (3) the additional cost to the economy of the 
        redundant regulation of fuel economy and greenhouse gas 
        emissions by the Environmental Protection Agency and 
        State agencies for model years 2011 through 2025.
  (c) Consultation.--Other than to gather basic factual 
information, the Secretary of Transportation shall not consult 
with the Administrator of the Environmental Protection Agency 
or any official from the California Air Resources Board in 
fulfilling the requirement described in subsection (b).
  (d) Amendment to the Clean Air Act.--Section 209(b) of the 
Clean Air Act
                              ----------                              

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

  At the end of title II of the Rules Committee Print, add the 
following new section:

SEC. 203. REDUCING DEMAND FOR OIL.

  Notwithstanding any limitation on agency action contained in 
the amendment made by section 201 of this Act, the 
Administrator of the Environmental Protection Agency may use 
any authority under the Clean Air Act, as in effect prior to 
the date of enactment of this Act, to promulgate any regulation 
concerning, take any action relating to, or take into 
consideration the emission of a greenhouse gas to address 
climate change, if the Administrator determines that such 
promulgation, action or consideration will increase North 
American energy independence by reducing demand for oil.
                              ----------                              

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

  Page 15, line 16, insert ``, including health effects 
associated with regulatory costs'' before the semicolon.
                              ----------                              

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

  Page 21, line 18, strike ``and''.
  Page 22, line 2, strike the period and insert a semicolon.
  Page 22, after line 2, insert the following:
                          (iii) shall not issue any proposed or 
                        final rule under section 109 of the 
                        Clean Air Act (42 U.S.C. 7409) that 
                        relies upon scientific or technical 
                        data that have not been made available 
                        to the public; and
                          (iv) shall not issue any proposed or 
                        final rule under section 109 of the 
                        Clean Air Act (42 U.S.C. 7409), unless 
                        the accompanying regulatory impact 
                        analysis, as required under Executive 
                        Order 12866, is peer reviewed in a 
                        manner consistent with the Office of 
                        Management and Budget's ``Final 
                        Information Quality Bulletin for Peer 
                        Review'' and the third edition of the 
                        Environmental Protection Agency's 
                        ``Peer Review Handbook''.
                              ----------                              

8. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  Strike section 503 of the committee print.
                              ----------                              

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

  Page 75, line 8, before the closing quotation marks insert 
the following:
  ``(3) Following the date of issuance of a permit by the 
Secretary in accordance with this section, the Administrator 
may not take any action under paragraph (1) to retroactively 
invalidate the permit.
                              ----------                              

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

  At the end of the Rules Committee Print, add the following 
new title:

    TITLE VI--COMBINED EFFICIENCY AND RENEWABLE ELECTRICITY STANDARD

SEC. 601. COMBINED EFFICIENCY AND RENEWABLE ELECTRICITY STANDARD.

  (a) Definitions.--For purposes of this section:
          (1) Distributed renewable generation facility.--The 
        term ``distributed renewable generation facility'' 
        means a facility that--
                  (A) generates renewable electricity;
                  (B) primarily serves 1 or more electricity 
                consumers at or near the facility site; and
                  (C) is no greater than 2 megawatts in 
                capacity.
          (2) Electric consumer.--The term ``electric 
        consumer'' has the meaning given that term in section 3 
        of the Public Utility Regulatory Policies Act of 1978 
        (16 U.S.C. 2602).
          (3) Electric utility.--The term ``electric utility'' 
        has the meaning given that term in section 3 of the 
        Public Utility Regulatory Policies Act of 1978 (16 
        U.S.C. 2602), except that, for the purposes of this 
        section, such term does not include any agency, 
        authority, or instrumentality of the United States 
        Government.
          (4) Electricity savings.--The term ``electricity 
        savings'' means reductions in electricity consumption, 
        relative to business-as-usual projections, achieved 
        through measures implemented after the date of 
        enactment of this section.
          (5) Federal renewable electricity credit.--The term 
        ``Federal renewable electricity credit'' means a 
        credit, representing one megawatt hour of renewable 
        electricity, issued pursuant to subsection (e).
          (6) Renewable electricity.--The term ``renewable 
        electricity'' means electricity generated (including by 
        means of a fuel cell) from a renewable energy resource.
          (7) Renewable energy resource.--The term ``renewable 
        energy resource'' means each of the following:
                  (A) Wind energy.
                  (B) Solar energy.
                  (C) Geothermal energy.
                  (D) Renewable biomass.
                  (E) Biogas or biofuels derived from renewable 
                biomass.
                  (F) Hydropower generated by a hydroelectric 
                facility placed in service after January 1, 
                2001.
                  (G) Marine and hydrokinetic renewable energy, 
                as that term is defined in section 632 of the 
                Energy Independence and Security Act of 2007 
                (42 U.S.C. 17211).
                  (H) Such other energy resources as the 
                Secretary determines appropriate.
          (8) Retail electric supplier.--The term ``retail 
        electric supplier'' means, for any given year, an 
        electric utility that sold not less than 1,000,000 
        megawatt hours of electric energy to electric consumers 
        for purposes other than resale during the preceding 
        calendar year.
          (9) Retail electric supplier's base amount.--The term 
        ``retail electric supplier's base amount'' means the 
        total amount of electric energy sold by the retail 
        electric supplier, expressed in megawatt hours, to 
        electric customers for purposes other than resale 
        during the relevant calendar year, excluding--
                  (A) electricity generated by a hydroelectric 
                facility that was placed in service prior to 
                January 1, 2001;
                  (B) electricity generated by the combustion 
                of municipal solid waste;
                  (C) electricity generated by a nuclear 
                generating unit placed in service after the 
                date of enactment of this section; and
                  (D) the proportion of electricity generated 
                by a fossil-fueled generating unit that is 
                equal to the proportion of greenhouse gases 
                produced by such unit that are captured and 
                geologically sequestered.
          (10) Secretary.--The term ``Secretary'' means the 
        Secretary of Energy.
          (11) Total annual electricity savings.--The term 
        ``total annual electricity savings'' means electricity 
        savings during a specified calendar year from measures 
        implemented since the date of the enactment of this 
        section, taking into account verified measure lifetimes 
        or verified annual savings attrition rates, as 
        determined in accordance with such regulations as the 
        Secretary may promulgate and measured in megawatt 
        hours.
  (b) Annual Compliance Obligation.--
          (1) In general.--For each of calendar years 2014 
        through 2040, not later than March 31 of the following 
        calendar year, each retail electric supplier shall 
        submit to the Secretary an amount of Federal renewable 
        electricity credits and demonstrated total annual 
        electricity savings that, in the aggregate, is equal to 
        such retail electric supplier's annual combined target 
        as set forth in subsection (d), except as otherwise 
        provided in subsection (g).
          (2) Demonstration of savings.--For purposes of this 
        subsection, submission of demonstrated total annual 
        electricity savings means submission of a report that 
        demonstrates, in accordance with the requirements of 
        subsection (f), the total annual electricity savings 
        achieved by the retail electric supplier within the 
        relevant compliance year.
          (3) Renewable electricity credits portion.--Except as 
        provided in paragraph (4), each retail electric 
        supplier must submit Federal renewable electricity 
        credits equal to at least three quarters of the retail 
        electric supplier's annual combined target.
          (4) State petition.--Upon written request from the 
        Governor of any State (including, for purposes of this 
        paragraph, the Mayor of the District of Columbia), the 
        Secretary shall increase, to not more than half, the 
        proportion of the annual combined targets of retail 
        electric suppliers located within such State that may 
        be met through submission of demonstrated total annual 
        electricity savings, provided that such increase shall 
        be effective only with regard to the portion of a 
        retail electric supplier's annual combined target that 
        is attributable to electricity sales within such State.
  (c) Establishment of Program.--Not later than 1 year after 
the date of enactment of this section, the Secretary shall 
promulgate regulations to implement and enforce the 
requirements of this section.
  (d) Annual Compliance Requirement.--
          (1) Annual combined targets.--For each of calendar 
        years 2014 through 2040, a retail electric supplier's 
        annual combined target shall be the product of--
                  (A) the required annual percentage for such 
                year, as set forth in paragraph (2); and
                  (B) the retail electric supplier's base 
                amount for such year.
          (2) Required annual percentage.--
                  (A) In general.--For each of calendar years 
                2014 through 2040, the required annual 
                percentage shall be as follows:

------------------------------------------------------------------------
                Year                      Required annual percentage
------------------------------------------------------------------------
                             2014                                    8
                             2015                                   10
                             2016                                   12
                             2017                                   14
                             2018                                   16
                             2019                                   18
                             2020                                   20
                             2021                                   22
                             2022                                   24
                             2023                                   26
                             2024                                   28
                             2025                                   30
                             2026                                   32
                             2027                                   34
                             2028                                   36
                             2029                                   38
                             2030                                   40
                             2031                                   42
                             2032                                   44
                             2033                                   46
                             2034                                   48
                2035 through 2040                                   50
------------------------------------------------------------------------

                  (B) Adjustments permitted.--The Secretary may 
                adjust the required annual percentages 
                described in subparagraph (A) if the Secretary 
                finds that such percentages are not technically 
                or economically feasible or pose a threat to 
                electric reliability.
  (e) Federal Renewable Electricity Credits.--
          (1) In general.--The regulations promulgated under 
        this section shall include provisions governing the 
        issuance, tracking, and verification of Federal 
        renewable electricity credits. Except as provided in 
        paragraph (2) of this subsection, the Secretary shall 
        issue to each generator of renewable electricity, 1 
        Federal renewable electricity credit for each megawatt 
        hour of renewable electricity generated by such 
        generator after December 31, 2013. The Secretary shall 
        assign a unique serial number to each Federal renewable 
        electricity credit.
          (2) Credit multiplier for distributed renewable 
        generation.--The Secretary shall issue 3 Federal 
        renewable electricity credits for each megawatt hour of 
        renewable electricity generated by a distributed 
        renewable generation facility.
          (3) Trading.--The lawful holder of a Federal 
        renewable electricity credit may sell, exchange, 
        transfer, submit for compliance in accordance with 
        subsection (b).
          (4) Banking.--A Federal renewable electricity credit 
        may be submitted in satisfaction of the compliance 
        obligation set forth in subsection (b) for the 
        compliance year in which the credit was issued or for 
        any of the 3 immediately subsequent compliance years.
  (f) Electricity Savings.--
          (1) Standards for measurement of savings.--As part of 
        the regulations promulgated under this section, the 
        Secretary shall prescribe standards and protocols for 
        defining and measuring electricity savings and total 
        annual electricity savings that can be counted towards 
        the compliance obligation set forth in subsection (b).
          (2) Reporting savings.--The regulations promulgated 
        under this section shall establish requirements 
        governing the submission of reports to demonstrate, in 
        accordance with the protocols and standards for 
        measurement and verification established under this 
        subsection, the total annual electricity savings 
        achieved by a retail electric supplier within the 
        relevant year.
  (g) Alternative Compliance Payments.--
          (1) In general.--A retail electric supplier may 
        satisfy the requirements of subsection (b) in whole or 
        in part by submitting in accordance with this 
        subsection, in lieu of each Federal renewable 
        electricity credit or megawatt hour of demonstrated 
        total annual electricity savings that would otherwise 
        be due, a payment equal to $25, adjusted for inflation 
        on January 1 of each year following calendar year 2014, 
        in accordance with such regulations as the Secretary 
        may promulgate.
          (2) Payments.--Payments made under this subsection 
        shall be deposited into the general fund of the 
        Treasury and shall be available, subject to 
        appropriations, to the Secretary for the administrative 
        costs of implementing this section.
                              ----------                              

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

  At the end of the Rules Committee Print, add the following 
title:

                 TITLE VI--REPORT ON FUGITIVE COAL DUST

SEC. 601. REPORT.

  Not later than 6 months after the date of enactment of this 
Act, the Administrator of the Environmental Protection Agency 
and the Secretary of Transportation shall submit to Congress a 
joint report on the health, environmental, and public safety 
impacts of fugitive dust emissions from coal transport.
                              ----------                              

 12. An Amendment To Be Offered by Representative Berg of North Dakota 
               or His Designee, Debatable for 10 Minutes

  At the end of the Rules Committee Print, add the following 
new title:

               TITLE VI--REGIONAL HAZE REGULATORY RELIEF

SEC. 601. IMPLEMENTATION PLANS.

  Section 110 of the Clean Air Act (42 U.S.C. 7410) is 
amended--
          (1) in subsection (c), by striking ``(c)(1) The 
        Administrator'' and all that follows through the end of 
        paragraph (1) and inserting the following:
  ``(c) Federal Plans.--
          ``(1) Plans.--
                  ``(A) In general.--Except as provided in 
                subparagraph (C), unless the conditions 
                described in subparagraph (B) are met, the 
                Administrator shall promulgate a Federal 
                implementation plan at any time after the date 
                that is 2 years after the date on which the 
                Administrator--
                          ``(i) finds that a State has failed 
                        to make a required submission or finds 
                        that the plan or plan revision 
                        submitted by the State does not satisfy 
                        the minimum criteria established under 
                        subsection (k)(1)(A); or
                          ``(ii) disapproves a State 
                        implementation plan submission.
                  ``(B) Conditions.--The conditions described 
                in this subparagraph are that, before the date 
                on which the Administrator promulgates a 
                Federal implementation plan--
                          ``(i) a State corrects a deficiency 
                        in a State implementation plan or plan 
                        revision submitted by the State; and
                          ``(ii) the Administrator approves the 
                        plan or plan revision.
                  ``(C) Visibility protection plans.--In the 
                case of a Federal implementation plan 
                promulgated after the date of enactment of this 
                subparagraph in place of a State implementation 
                plan under section 169A--
                          ``(i) the Administrator shall 
                        promulgate such Federal implementation 
                        plan only if the Administrator makes a 
                        finding that the State submitting the 
                        State implementation plan failed to 
                        consider the factors described in 
                        paragraphs (1) and (2) of section 
                        169A(g) in preparing and submitting the 
                        plan; and
                          ``(ii) compliance with the 
                        requirements of such Federal 
                        implementation plan shall not be 
                        required earlier than 5 years after the 
                        date of promulgation.''; and
          (2) in subsection (k)--
                  (A) by striking paragraph (3) and inserting 
                the following:
          ``(3) Full approval and disapproval.--
                  ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), in the case of any 
                submission for which the Administrator is 
                required to act under paragraph (2), the 
                Administrator shall approve the submission as a 
                whole if the submission meets all of the 
                applicable requirements of this Act.
                  ``(B) Review.--In reviewing any State 
                implementation plan submitted pursuant to 
                section 169A, the Administrator shall limit the 
                review only to a determination of whether the 
                State submitting the State implementation plan 
                considered the factors described in paragraphs 
                (1) and (2) of section 169A(g) in preparing and 
                submitting the plan.
                  ``(C) Visibility plans.--The Administrator 
                shall approve as a whole any implementation 
                plan submitted pursuant to section 169A that 
                was prepared and submitted after consideration 
                of the factors described in paragraphs (1) and 
                (2) of section 169A(g).''; and
                  (B) in paragraph (5)--
                          (i) in the first sentence, by 
                        striking ``Whenever'' and inserting the 
                        following:
                  ``(A) In general.--Whenever''; and
                          (ii) by adding at the end the 
                        following:
                  ``(B) Visibility plans.--Notwithstanding 
                subparagraph (A), with respect to an 
                implementation plan approved pursuant to 
                section 169A, the Administrator shall only find 
                that such a plan is substantially inadequate to 
                meet standards for air pollutants that cause or 
                contribute to the impairment of visibility, or 
                any other applicable standard or requirement, 
                under that section if the Administrator makes a 
                finding that, in preparing the plan, the 
                submitting State failed to consider the factors 
                described in paragraphs (1) and (2) of section 
                169A(g).
                  ``(C) Existing visibility plans.--
                          ``(i) Request for revocation.--At any 
                        time after the date of enactment of 
                        this subparagraph--
                                  ``(I) a State may request 
                                that the existing Federal or 
                                State implementation plan for 
                                the State regarding visibility, 
                                or any determination made in 
                                calendar year 2012 or 2013 of 
                                best available retrofit 
                                technology pursuant to section 
                                169A, be revoked; and
                                  ``(II) upon receipt of such a 
                                request, the Administrator 
                                shall revoke the implementation 
                                plan.
                          ``(ii) Submission of new or revised 
                        plan.--Upon a revocation under clause 
                        (i)(II), the State that requested the 
                        revocation shall, not later than 2 
                        years after such revocation, submit to 
                        the Administrator a new or revised 
                        visibility plan in accordance with this 
                        Act.''.

SEC. 602. VISIBILITY PROTECTION FOR FEDERAL CLASS I AREAS.

  Section 169A of the Clean Air Act (42 U.S.C. 7491) is 
amended--
          (1) in subsection (b)(2), in the matter preceding 
        subparagraph (A), by striking ``as may be necessary'' 
        and inserting ``as the State determines, at the sole 
        discretion of the State after considering factors 
        described in this section and providing adequate 
        opportunity for public comment, may be necessary''; and
          (2) in subsection (g)--
                  (A) by striking paragraph (1) and inserting 
                the following:
          ``(1)(A) in determining reasonable progress, there 
        shall be taken into consideration--
                          ``(i) the costs of compliance;
                          ``(ii) the time necessary for 
                        compliance;
                          ``(iii) the energy and nonair quality 
                        environmental impacts of compliance;
                          ``(iv) the remaining useful life of 
                        any existing source subject to 
                        requirements under this section;
                          ``(v) the degree of improvement in 
                        visibility that may reasonably be 
                        anticipated to result from measures 
                        described in the applicable 
                        implementation plan; and
                          ``(vi) the economic impacts to the 
                        State (including people of the State);
                  ``(B) in consideration of costs of compliance 
                pursuant to subparagraph (A)(i), the State may 
                use source-specific cost estimations developed 
                by a licensed professional engineer as an 
                alternate to other methods of estimation 
                approved by the Administrator; and
                  ``(C) in consideration of the degree of 
                improvement in visibility pursuant to 
                subparagraph (A)(v), the State may use 
                alternate modeling techniques or methods than 
                those prescribed by the Administrator in the 
                Agency's `Guideline on Air Quality Models' 
                under appendix W to part 51 of title 40, Code 
                of Federal Regulations, and, where available, 
                measured emissions and monitoring data shall be 
                used;'';
                  (B) in paragraph (2)--
                          (i) by striking ``(2) in determining 
                        best available retrofit technology the 
                        State'' and inserting the following:
          ``(2) in determining the best available retrofit 
        technology--
                  ``(A) the State'';
                          (ii) in subparagraph (A) (as 
                        designated by clause (i)), by inserting 
                        ``the economic impacts to the State 
                        (including people of the State),'' 
                        after ``life of the source,'';
                          (iii) by striking ``technology;'' and 
                        inserting ``technology; and''; and
                          (iv) by adding at the end the 
                        following:
                  ``(B) in consideration of the costs of 
                compliance pursuant to subparagraph (A), the 
                State may use source-specific cost estimations 
                developed by a licensed professional engineer 
                as an alternate to other methods of estimation 
                approved by the Administrator;
                  ``(C) with respect to consideration of the 
                degree of improvement in visibility pursuant to 
                subparagraph (A)--
                          ``(i) the State may use alternate 
                        modeling techniques or methods than 
                        those prescribed by the Administrator 
                        in the Agency's `Guideline on Air 
                        Quality Models' under appendix W to 
                        part 51 of title 40, Code of Federal 
                        Regulations;
                          ``(ii) the State may consider the 
                        degree of improvement in visibility in 
                        the mandatory class I Federal area that 
                        is most affected by emissions from the 
                        source without considering the degree 
                        of improvement in visibility in any 
                        other such area; and
                          ``(iii) the Administrator (in any 
                        case in which the Administrator has 
                        authority to determine emission 
                        limitations which reflect such 
                        technology) may not consider the degree 
                        of improvement in visibility in any 
                        area other than the mandatory class I 
                        Federal area that is most affected by 
                        emissions from the source; and
                  ``(D) the determination of best available 
                retrofit technology by the State for any source 
                shall be subject to review by the 
                Administrator, an administrative entity, or a 
                Federal or State court only pursuant to a 
                clearly erroneous standard of review;''; and
                  (C) in paragraph (4), by striking ``(or the 
                date of promulgation of such a plan revision in 
                the case of action by the Administrator under 
                section 110(c) for purposes of this section)''.
                              ----------                              

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

  At the end of the Rules Committee Print, add the following:

   TITLE VI--NO REGIONAL HAZE REGULATION ON THE COAL-POWERED NAVAJO 
                           GENERATING STATION

SEC. 601. LIMITATION ON AUTHORITY TO ISSUE REGULATIONS.

  The Administrator of the Environmental Protection Agency 
shall not promulgate any Federal implementation plan pursuant 
to section 169A or 169B of the Clean Air Act (42 U.S.C. 7491, 
7492; relating to visibility protection) that would--
          (1) adversely impact employment at the coal-powered 
        Navajo Generating Station or other coal-fired power 
        plants and coal mines on tribal lands in northern 
        Arizona;
          (2) directly or indirectly diminish the revenue 
        received by the Federal Government or any State, tribal 
        or local government by reducing through regulation the 
        amount of coal that is available for mining on Navajo 
        and Hopi Reservation lands;
          (3) cause a reduction in coal-based revenue to meet 
        financial obligations required by federally authorized 
        Indian water rights settlements, pursuant to section 
        403(f) of the Colorado River Basin Project Act (43 
        U.S.C. 1543(f));
          (4) reduce the amount of coal, or increase the cost 
        of coal, available for the Navajo Generating Station's 
        Federal responsibility to deliver water and power, as 
        authorized by the Colorado River Basin Project Act (43 
        U.S.C. 1501 et seq.); or
          (5) expose the United States to liability for taking 
        the value of tribally-owned coal in northern Arizona 
        through regulation.

                                  
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