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[House Report 114-261]
[From the U.S. Government Publishing Office]

114th Congress   }                                        {     Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                        {    114-261

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

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 348) TO PROVIDE FOR 
IMPROVED COORDINATION OF AGENCY ACTIONS IN THE PREPARATION AND ADOPTION 
OF ENVIRONMENTAL DOCUMENTS FOR PERMITTING DETERMINATIONS, AND FOR OTHER 
 PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 758) TO AMEND 
  RULE 11 OF THE FEDERAL RULES OF CIVIL PROCEDURE TO IMPROVE ATTORNEY 
ACCOUNTABILITY, AND FOR OTHER PURPOSES; AND PROVIDING FOR CONSIDERATION 
                    OF MOTIONS TO SUSPEND THE RULES

                                _______
                                

 September 16, 2015.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

  Mr. Collins of Georgia, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 420]

    The Committee on Rules, having had under consideration 
House Resolution 420, by a record vote of 9 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 348, the 
RAPID Act, under a structured rule. The resolution provides one 
hour of general debate equally divided and controlled by the 
chair and ranking minority member of the Committee on the 
Judiciary. The resolution waives all points of order against 
consideration of the bill. The resolution makes in order as an 
original bill for purpose of amendment an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 114-26 and provides that it shall be considered 
as read. The resolution waives all points of order against that 
amendment in the nature of a substitute. The resolution makes 
in order only those further amendments 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 2 of the resolution provides for consideration of 
H.R. 758, the Lawsuit Abuse Reduction 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 the Judiciary. The resolution waives all 
points of order against consideration of the bill. The 
resolution provides that the bill shall be considered as read. 
The resolution waives all points of order against provisions in 
bill. The resolution provides for one motion to recommit.
    Section 3 of the resolution provides that it shall be in 
order at any time on the legislative day of September 24, 2015, 
for the Speaker to entertain motions that the House suspend the 
rules and that the Speaker or his designee shall consult with 
the Minority Leader or her designee on the designation of any 
matter for consideration pursuant to this section.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 348, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute to H.R. 348 made in 
order as original text, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments to H.R. 348 printed in this report, the 
Committee is not aware of any points of order. The waiver is 
prophylactic in nature.
    Although the resolution waives all points of order against 
consideration of H.R. 758, 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. 758, 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. 99

    Motion by Mr. McGovern to report open rules for H.R. 348 
and H.R. 758. Defeated: 4-9

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

Rules Committee record vote No. 100

    Motion by Ms. Foxx to report the rule. Adopted: 9-4

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

          SUMMARY OF THE AMENDMENTS TO H.R. 348 MADE IN ORDER

    1. Goodlatte (VA): MANAGER'S includes revisions to clarify 
that the bill is not intended to allow for duplicative agency 
review proceedings; duplicative project-notification and 
initiation-of-agency-review procedures; or, challenges to a 
permitting decision brought in court by parties who were not 
also parties to the administrative proceedings that produced 
the challenged decision. (10 minutes)
    2. Lowenthal (CA): Prevents further evaluation or adoption 
of an alternative that does not adequately address risks 
associated with flooding, wildfire, and climate change. (10 
minutes)
    3. Grijalva (AZ): Requires an evaluation of each 
alternative in an environmental impact statement or 
environmental assessment to identify potential effects on low-
income communities and communities of color. (10 minutes)
    4. Gallego (AZ): Grants deadline extensions if requested by 
a state or local elected official or a local tribal official. 
(10 minutes)
    5. Jackson Lee (TX): Strikes the bill provision that deems 
approved any project for which the reviewing agency does not 
issue the requested permit or license within 90-120 days. (10 
minutes)
    6. Dingell (MI): Prevents a project from being approved 
under the timeline set forth in the bill if the project would 
limit access to or opportunities for hunting or fishing, or 
impact an endangered or threatened species under the Endangered 
Species Act. (10 minutes)
    7. Peters, Scott (CA), Polis (CO), Lowenthal (CA), Lieu 
(CA): Strikes section k that prohibits agencies from using the 
social cost of carbon in an environmental review or 
environmental decision making process. (10 minutes)
    8. Gosar (AZ): Seeks to prohibit federal agencies from 
following the draft guidance entitled ``the Revised Draft 
Guidance for Federal Departments and Agencies on Consideration 
of Greenhouse Gas Emissions and the Effects of Climate change 
in NEPA Reviews'', issued by the Council on Environmental 
Quality, 79 Fed. Reg. 77801 (Dec. 24, 2014). (10 minutes)
    9. Jackson Lee (TX): Preserves the current law relating to 
the permitting projects that could be a potential target for a 
terrorist attack or that involves chemical facilities and other 
critical infrastructure. (10 minutes)
    10. Johnson, Hank (GA): Adds rule of construction 
clarifying that nothing in the bill would have the effect of 
changing or limiting any law or regulation requiring agencies 
to allow public comment or public participation in their 
decision-making process. (10 minutes)

              TEXT OF AMENDMENTS TO H.R. 348 MADE IN ORDER

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

  Page 8, line 20, strike ``Participating'' and insert 
``Cooperating''.
  Page 8, line 22, strike ``participating'' and insert 
``cooperating''.
  Page 8, line 23, insert after ``agencies'' the following: 
``(as such term is defined in part 1500 of title 40 of the Code 
of Federal Regulations, as in effect on January 1, 2011)''.
  Page 9, line 1, strike ``Participating'' and insert 
``Cooperating''.
  Page 9, line 4, strike ``participating'' and insert 
``cooperating''.
  Page 9, line 24, strike ``participating'' and insert 
``cooperating''.
  Page 10, line 6, strike ``Participating'' and insert 
``Cooperating''.
  Page 10, line 9, strike ``participating'' and insert 
``cooperating''.
  Page 10, line 15, strike ``participating'' and insert 
``cooperating''.
  Page 10, line 16, strike ``participating'' and insert 
``cooperating''
  Page 10, strike line 21 and all that follows through page 11, 
line 4.
  Page 11, line 5, strike ``(7)'' and insert ``(6)''.
  Page 11, line 20, strike ``(8)'' and insert ``(7)''.
  Page 11, line 20, strike ``participating'' and insert 
``cooperating''.
  Page 11, beginning on line 22, strike ``participating'' and 
insert ``cooperating''.
  Page 11, line 23, strike ``participating'' and insert 
``cooperating''.
  Page 11, line 25, strike ``participating'' and insert 
``cooperating''.
  Page 12, line 4, strike ``participating'' and insert 
``cooperating''.
  Page 12, line 6, strike ``participating'' and insert 
``cooperating''.
  Page 12, strike line 7 and all that follows through line 16.
  Page 12, strike line 17, and all that follows through 
``project, and the'' on line 20, and insert the following:
  ``(f) Lead Agency Initiation.--The''.
  Page 12, beginning on line 22, strike ``the notice'' and all 
that follows through line 3 on page 13, and insert the 
following: ``an application for a project from a project 
sponsor.''.
  Page 16, line 9, strike ``participating'' and insert 
``cooperating''.
  Page 16, beginning on line 22, strike ``participating'' and 
insert ``cooperating''.
  Page 17, line 2, strike ``participating'' and insert 
``cooperating''.
  Page 17, line 16, strike ``participating'' and insert 
``cooperating''.
  Page 18, line 2, strike ``participating'' and insert 
``cooperating''.
  Page 18, line 7, strike ``participating'' and insert 
``cooperating''.
  Page 19, line 6, strike ``participating'' and insert 
``cooperating''.
  Page 20, beginning on line 7, strike ``the project initiation 
request'', and insert the following: ``an application for a 
project from a project sponsor''.
  Page 21, beginning on line 4, strike ``participating'' and 
insert ``cooperating''.
  Page 21, line 11, strike ``participating'' and insert 
``cooperating''.
  Page 22, line 7, strike ``participating'' and insert 
``cooperating''.
  Page 22, line 19, strike ``participating'' and insert 
``cooperating''.
  Page 25, line 15, strike ``participating'' and insert 
``cooperating''.
  Page 25, line 15, strike ``cooperatively''.
  Page 25, line 23, strike ``participating'' and insert 
``cooperating''.
  Page 26, line 5, strike ``Participating'' and insert 
``Cooperating''.
  Page 26, line 7, strike ``participating'' and insert 
``cooperating''.
  Page 26, line 15, strike ``Participating'' and insert 
``Cooperating''.
  Page 26, line 18, strike ``participating'' and insert 
``cooperating''.
  Page 27, line 5, strike ``participating'' and insert 
``cooperating''.
  Page 29, line 9, strike ``a party that'' and insert ``a party 
to the administrative proceeding, and the party''.
                              ----------                              

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

  Page 14, line 11, insert after the period at the end the 
following: ``No alternative may be deemed feasible if the 
alternative does not adequately address risks associated with 
flooding, wildfire, and climate change.''
                              ----------                              

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

  Page 15, after line 21, insert the following:
          ``(6) Low-income and communities of color analysis.--
        The evaluation of each alternative in an environmental 
        impact statement or an environmental assessment shall 
        identify the potential effects of the alternative on 
        low-income communities and communities of color.''.
                              ----------                              

 4. An Amendment To Be Offered By Representative Gallego of Arizona or 
                 His Designee, Debatable for 10 Minutes

  Page 21, line 12, strike ``or''.
  Page 21, line 14, strike the period at the end and insert ``; 
or''.
  Page 21, after line 14, insert the following:
                          ``(iii) a deadline extension is 
                        requested by an elected official of a 
                        State or locality, or a local tribal 
                        official.''.
  Page 22, line 8, strike ``or''.
  Page 22, line 10, strike the period at the end and insert ``; 
or''.
  Page 22, after line 10, insert the following:
                          ``(iii) a deadline extension is 
                        requested by an elected official of a 
                        State or locality, or a local tribal 
                        official.''.
  Page 22, line 20, strike ``or''.
  Page 22, line 22, strike the period at the end and insert ``; 
or''.
  Page 22, after line 22, insert the following:
                          ``(iii) a deadline extension is 
                        requested by an elected official of a 
                        State or locality, or a local tribal 
                        official.''.
  Page 24, line 12, strike ``or''.
  Page 24, line 14, insert after ``cause,'' the following: ``, 
or the deadline was extended pursuant to the request of an 
elected official of a State or locality, or a local tribal 
official,''.
                              ----------                              

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

  Page 24, strike line 19 and all that follows through page 25, 
line 12.
                              ----------                              

6. An Amendment To be Offered by Representative Dingell of Michigan or 
                 Her Designee, Debatable for 10 Minutes

  Page 25, line 4, insert before the period at the end the 
following: ``, unless the project would limit access to or 
opportunities for hunting or fishing, or impact a species 
listed as an endangered species or threatened species under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)''.
                              ----------                              

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

  Page 27, strike line 11 and all that follows through page 28, 
line 4, and redesignate provisions accordingly.
                              ----------                              

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

  Page 28, line 1, insert after ``substantially related 
document,'' the following: ``the draft guidance entitled: 
`Revised Draft Guidance for Federal Departments and Agencies on 
Consideration of Greenhouse Gas Emissions and the Effects of 
Climate change in NEPA Reviews' (79 Fed. Reg. 77801), or any 
successor thereto or substantially related document,''.
                              ----------                              

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

  Page 31, beginning on line 4, strike ``subsection (p)'' and 
insert ``subsections (q) and (r)''.
  Page 31, line 17, insert after ``141).'' the following:
  ``(r) Exception for Certain Projects.--This subchapter does 
not apply in the case of any project that could be a potential 
target for a terrorist attack or that involves chemical 
facilities and other critical infrastructure.''.
                              ----------                              

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

  Add, at the end of the bill, the following:
  (d) Rule of Construction.--Nothing in this Act or the 
amendments made by this Act shall have the effect of changing 
or limiting any law or regulation that requires or provides for 
public comment or public participation in an agency decision 
making process.
                              ----------                              

                                  [all]
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