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[House Report 114-590]
[From the U.S. Government Publishing Office]

114th Congress }                                           {  Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                           { 114-590

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 PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL (H.R. 
  2576) TO MODERNIZE THE TOXIC SUBSTANCES CONTROL ACT, AND FOR OTHER 
  PURPOSES, AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 897) TO 
 AMEND THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT AND THE 
  FEDERAL WATER POLLUTION CONTROL ACT TO CLARIFY CONGRESSIONAL INTENT 
REGARDING THE REGULATION OF THE USE OF PESTICIDES IN OR NEAR NAVIGABLE 
                     WATERS, AND FOR OTHER PURPOSES

                                _______
                                

May 23, 2016.--Referred to the House Calendar and ordered to be printed

                                _______
                                

               Mr. Woodall, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 742]

    The Committee on Rules, having had under consideration 
House Resolution 742, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of the Senate 
amendment to H.R. 2576, the TSCA Modernization Act of 2015. The 
resolution makes in order a motion offered by the chair of the 
Committee on Energy and Commerce or his designee that the House 
concur in the Senate amendment to H.R. 2576 with an amendment 
inserting the text of Rules Committee Print 114-54, modified by 
the amendment printed in this report, in lieu of the matter 
proposed to be inserted by the Senate. The resolution waives 
all points of order against consideration of the motion and 
provides that the motion is not subject to a demand for 
division of the question. The resolution provides that the 
Senate amendment and the motion shall be considered as read. 
The resolution provides one hour of debate on the motion 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Energy and Commerce.
    Section 2 of the resolution provides for consideration of 
H.R. 897, the Reducing Regulatory Burdens Act of 2015, under a 
closed rule. The resolution provides one hour of debate equally 
divided and controlled by the chair and ranking minority member 
of the Committee on Transportation and Infrastructure. The 
resolution waives all points of order against consideration of 
the bill. The resolution provides that an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 114-53 shall be considered as adopted and the 
bill, as amended, shall be considered as read. The resolution 
waives all points of order against provisions in the bill, as 
amended. The resolution provides one motion to recommit with or 
without instructions.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the motion on H.R. 2576 includes a waiver of clause 7 of rule 
XVI, which requires that no motion or proposition on a subject 
different from that under consideration shall be admitted under 
color of amendment, and
    Although the resolution waives all points of order against 
consideration of H.R. 897, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in H.R. 897, as amended, 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. 175

    Motion by Ms. Slaughter to report an open rule for H.R. 897 
and provide an open process for consideration of the Senate 
amendment to H.R. 2576. Defeated: 4-6

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                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Cole........................................  ............  Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Burgess.....................................          Nay   Mr. Polis.........................          Yea
Mr. Stivers.....................................          Nay
Mr. Collins.....................................  ............
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................  ............
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

SUMMARY OF THE AMENDMENT TO THE HOUSE AMENDMENT (H.R. 2576) CONSIDERED 
                               AS ADOPTED

    1. Shimkus (IL): Makes technical and conforming changes to 
the Rules Committee Print 114-54 and makes additional changes 
including modification to preemption and deletion of a low 
hazard chemical designation.

TEXT OF THE AMENDMENT TO THE HOUSE AMENDMENT (H.R. 2576) CONSIDERED AS 
                                ADOPTED

  Page 12, after line 18, insert the following (and redesignate 
accordingly):
                          (i) by striking ``or will present'';
  Page 20, line 9, strike ``(C), or (D)'' and insert ``or 
(C)''.
  Page 20, line 21, strike ``or will present''.
  Page 22, line 6, insert ``or'' after the semicolon.
  Page 22, line 8, strike ``likely not'' and insert ``not 
likely''.
  Page 22, line 18, strike ``; or'' and insert a period.
  Page 22, lines 19 through 24, strike subparagraph (D).
  Page 30, after line 4, insert the following (and redesignate 
accordingly):
                          (iii) by striking ``or will 
                        present'';
  Page 33, line 9, strike ``likely not'' and insert ``not 
likely''.
  Page 33, lines 10 through 12, strike ``or in accordance with 
subsection (a)(3)(D) that the chemical substance is a low-
hazard substance,''.
  Page 35, after line 16, insert the following (and redesignate 
accordingly):
                  (B) by striking ``or will present'';
  Page 38, line 7, strike ``Except as provided in clause (iii), 
the'' and insert ``The''.
  Page 38, line 17, through page 39, line 3, strike clause 
(iii).
  Page 40, line 24, strike ``at least''.
  Page 41, line 12, strike ``or low-hazard''.
  Page 43, line 7, strike ``or a low-hazard substance''.
  Beginning on page 46, line 24, strike ``and that are not 
drawn from the 2014 update of the TSCA Work Plan for Chemical 
Assessments''.
  Page 62, beginning on line 5, strike ``that meets the 
criteria prescribed by the Administrator in the rule 
promulgated under subsection (b)(4)(B)''.
  Page 67, lines 14 through 19, strike subparagraph (C).
  Page 81, line 14, strike ``and''.
  Page 81, after line 14, insert the following (and redesignate 
accordingly):
                          (ii) by striking ``or will present''; 
                        and
  Page 84, strike line 17 and insert ``SEC. 10. EXPORTS.''.
  Page 84, after line 17, insert the following (and redesignate 
accordingly):
  (a) In General.--Section 12(a)(2) of the Toxic Substances 
Control Act (15 U.S.C. 2611(a)(2)) is amended by striking 
``will present'' and inserting ``presents''.
  Page 107, strike lines 4 through 9 and insert ``to the 
information;''.
  Page 109, line 3, strike ``; and'' and insert a semicolon.
  Page 109, line 6, strike the period and insert ``; and''.
  Page 109, after line 6, insert the following:
          ``(9) shall be disclosed as required pursuant to 
        discovery, subpoena, other court order, or any other 
        judicial process otherwise allowed under applicable 
        Federal or State law.
  Page 129, strike lines 21 through 25 and insert ``section 
6(b)(1)(B)(i).''.
  Page 130, line 4, insert ``criminal penalty assessed,'' after 
``statute enacted,''.
  Page 130, line 16, insert ``, 5, or 6'' after ``section 4''.
  Page 130, strike lines 17 through 21 and insert the 
following:
          ``(2) with respect to subsection (b), the hazards, 
        exposures, risks, and uses or conditions of use of such 
        chemical substances included in the scope of the risk 
        evaluation pursuant to section 6(b)(4)(D);
          ``(3) with respect to subsection (a)(1)(B), the 
        hazards, exposures, risks, and uses or conditions of 
        use of such chemical substances included in any final 
        action the Administrator takes pursuant to section 6(a) 
        or 6(i)(1); or
  Page 130, line 22, strike ``(3)'' and insert ``(4)''.
  Page 143, line 19, strike ``or (iii)''.
  Page 157, line 13, strike ``and(ii)''.
  Page 157, line 19, strike ``6(b)(4)(A)(ii)'' and insert 
``6(b)(4)(C)(ii)''.
  Page 173, line 3, strike ``or (f)''.
  Page 173, strike lines 4 through 7 and insert the following:
                          (iii) in clause (ii), by striking 
                        ``section 6 or 8 or an order under 
                        section 6(b)(2), there is a reasonable 
                        basis to conclude that the issuance of 
                        such a rule or order is necessary to 
                        protect health or the environment 
                        against an unreasonable risk of injury 
                        to health or the environment'' and 
                        inserting ``section 6(a) or 8 or an 
                        order under section 5(f), the chemical 
                        substance or mixture to be subject to 
                        such rule or order presents an 
                        unreasonable risk of injury to health 
                        or the environment, without 
                        consideration of costs or other nonrisk 
                        factors, including an unreasonable risk 
                        to a potentially exposed or susceptible 
                        subpopulation, under the conditions of 
                        use''.
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