59–008 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–590 

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 


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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 

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’’. 


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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); 


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‘‘(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’’. 

Æ 


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