19–008 

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 


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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). 


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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 


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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 


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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 


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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 


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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. ll. 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 explaVerDate Mar 15 2010 05:59 Sep 20, 2012 Jkt 019008 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR680.XXX HR680

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nations 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 


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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 


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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). 


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(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 fossilfueled 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, 


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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 SecVerDate Mar 15 2010 05:59 Sep 20, 2012 Jkt 019008 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR680.XXX HR680

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retary 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: 


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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 


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15 

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 


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16 

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)— 


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‘‘(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)); 


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(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. 

Æ 


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