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105TH CONGRESS
1ST SESSION
H. R. 1209
To provide for the defense of the environment, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 20, 1997
Mr. WAXMAN (for himself, Mr. GEPHARDT, and Mr. MILLER of California)
introduced the following bill; which was referred to the Committee on
Rules, and in addition to the Committee on the Judiciary, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To provide for the defense of the environment, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Defense of the Envi-
ronment Act of 1997’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds that provisions that
reduce protection of the environment have been included
in legislation without adequate consideration and an op-
portunity for Members to vote on the provisions and have
been included in major rules adopted by Federal agencies
without adequate analysis.
(b) PURPOSE.—The purposes of this Act are to—
(1) require Members of Congress to vote in
House of Representatives and the Senate on provi-
sions included in legislation that reduce protection of
the environment; and
(2) require the Office of Management and
Budget to ensure that an adequate analysis is con-
ducted for provisions included in major rules that re-
duce protection of the environment.
SEC. 3. APPLICABLE PROVISIONS.
(a) IN GENERAL.—This Act shall apply to any provi-
sion in a bill, joint resolution, amendment, or conference
report before Congress, or in any major rule, that reduces
protection of the environment.
(b) PROVISIONS REDUCING PROTECTION.—A provi-
sion shall be considered to reduce protection of the envi-
ronment if the provision meets the criteria of one or more
of the following paragraphs:
(1) DEFENSE OF CLEAN AIR AND WATER.—The
provision may allow increased pollution of ambient
air, indoor air, surface water, ground water, the
oceans, or other terrestrial or aquatic resources.
(2) DEFENSE OF NATIONAL PARKS AND PUBLIC
LANDS.—The provision may—
(A) cause adverse impacts on the environ-
mental quality of national parks or other public
lands, including the effect of decreasing the
quantity or quality of outdoor educational or
recreational opportunities on such lands; or
(B) diminish protection of species that
may be endangered.
(3) DEFENSE OF CHILDREN’S ENVIRONMENTAL
HEALTH.—The provision may increase children’s ex-
posure to environmental contaminants and other en-
vironmental risks.
(c) OTHER PROVISIONS.—A provision shall also be
considered to reduce protection of the environment if the
provision may have the effect of shielding any violators
of environmental laws from penalties or limiting judicial
review of agency action under the authority of any envi-
ronmental law.
(d) BASELINE FOR EFFECTS.—The baseline for de-
termining the effects of a provision described in subsection
(b) or (c) shall be the circumstances that would exist if
the provision were not enacted.
SEC. 4. DUTIES OF CONGRESSIONAL COMMITTEES.
(a) IN GENERAL.—When a committee of the House
of Representatives or Senate or a committee of conference
reports a bill or joint resolution of public character that
includes any provision that reduces protection of the envi-
ronment, the report of the committee accompanying the
bill or joint resolution (or the statement of managers ac-
companying the conference report) shall contain each of
the following:
(1) An identification and description of any
provision in the bill or joint resolution or conference
report that reduces protection of the environment.
(2) A qualitative and, if practicable, a quan-
titative assessment of the extent of the reduction in
protection of the environment.
(3) A description of the actions, if any, taken
by the committee to avoid the reduction in protec-
tion of the environment.
(4) Any statement received under section 5.
SEC. 5. DUTIES OF THE COMPTROLLER GENERAL.
(a) STATEMENT.—For each bill or joint resolution of
a public character reported by any committee of the House
of Representatives or the Senate, and for each report by
a committee of conference, the Comptroller General of the
United States, upon a request of the committee or a ma-
jority of the members of the minority party or majority
party of the committee, shall, prior to the filing of the
report, prepare and submit to the committee a statement
assessing the extent to which the provisions of the bill,
joint resolution, or conference report reduce protection of
the environment.
(b) ASSISTANCE TO COMMITTEES AND STUDIES.—At
the request of any committee of the Senate or the House
of Representatives, the Comptroller General shall, to the
extent practicable, consult with and assist such committee
in assessing the extent to which the provisions of a bill,
joint resolution, or conference report reduce the protection
of the environment.
SEC. 6. DUTIES OF OFFICE OF MANAGEMENT AND BUDGET.
(a) IN GENERAL.—The Director of the Office of
Management and Budget shall ensure that, before propos-
ing or promulgating any major rule, the department or
agency of the United States responsible for such rule has
conducted an analysis that contains each of the following:
(1) An identification and description of any
provision in the rule that reduces protection of the
environment.
(2) A qualitative and, if practicable, a quan-
titative assessment of the extent of the reduction in
protection of the environment.
(3) A description of the actions, if any, taken
by the department or agency to avoid the reduction
in protection of the environment.
(b) NOTICE.—In proposing or promulgating any
major rule, the department or agency of the United States
responsible for such rule shall include in the Federal Reg-
ister, together with notice of such proposal or promulga-
tion, a detailed summary of the analysis conducted under
subsection (a).
(c) DEFINITION OF MAJOR RULE.—For purposes of
this section the term ‘‘major rule’’ shall have the same
meaning as when used in Executive Order No. 12866.
SEC. 7. LEGISLATION SUBJECT TO POINT OF ORDER.
(a) IN GENERAL.—It shall not be in order in the
House of Representatives or the Senate to consider any
bill, joint resolution, or conference report that is reported
by a committee unless the committee has complied with
section 4.
(b) PROCEDURE IN THE HOUSE OF REPRESENTA-
TIVES.—It shall not be in order in the House of Rep-
resentatives to consider a rule or order that waives the
application of subsection (a).
SEC. 8. DEBATE ON PROVISIONS REDUCING PROTECTION.
(a) AMENDMENT OF HOUSE RULES.—Rule XVI of
the Rules of the House of Representatives is amended by
adding at the end the following:
‘‘(11) Notwithstanding the adoption of any rule or
motion to limit or close debate it shall always be in order,
as question of high privilege, to move to strike from any
bill, joint resolution, or amendment any provision that re-
duces protection of the environment (within the meaning
of section 3 of the Defense of the Environment Act of
1997). Such motion shall take precedence over a motion
for the previous question on such bill, joint resolution, or
amendment and it shall be in order to debate any such
motion for 40 minutes, one-half of such time shall be given
to debate in favor of, and one-half of such times in opposi-
tion to, such motion.’’.
(b) VOTE IN SENATE.—Notwithstanding the adop-
tion of any rule or motion to limit or close debate it shall
always be in order, as question of high privilege in the
Senate, to move to strike from any bill, joint resolution,
amendment, or conference report any provision that re-
duces protection of the environment (within the meaning
of section 3 of the Defense of the Environment Act of
1997). Such motion shall take precedence over a motion
for the previous question on such bill, joint resolution,
amendment, or conference report, and it shall be in order
to debate any such motion for 40 minutes, one-half of such
time shall be given to debate in favor of, and one-half of
such times in opposition to, such motion.
(c) CONFERENCE REPORTS AND SENATE AMEND-
MENTS.—
(1) CONFERENCE
REPORTS.—Clause (4) of
Rule XXVIII of the Rules of the House of Rep-
resentatives is amended as follows:
(A) In subsection (a) after ‘‘if such matter
has been offered as an amendment in the
House’’ by inserting ‘‘or containing any provi-
sion that reduces protection of the environment
(within the meaning of section 3 of the Defense
of the Environment Act of 1997)’’.
(B) In subsections (a), (b), and (c), by
striking out ‘‘nongermane matter’’ in each place
it appears and inserting ‘‘matter or provision’’.
(2) SENATE AMENDMENTS.—Clause (5) of Rule
XXVII of the Rules of the House of Representatives
is amended as follows:
(A) In subsection (a) after ‘‘if such matter
had been offered as an amendment in the
House’’ by inserting ‘‘or that reduces protection
of the environment (within the meaning of sec-
tion 3 of the Defense of the Environment Act
of 1997)’’.
(B) In subsections (a), (b), and (c), by
striking out ‘‘nongermane matter’’ in each place
it appears and inserting ‘‘matter or provision’’.
(d) EXERCISE OF RULEMAKING POWERS.—The pro-
visions of this section and sections 4 and 7 are enacted
by Congress—
(1) as an exercise of the rulemaking power of
the House of Representatives and the Senate, re-
spectively, and as such they shall be considered as
part of the rules of such House, respectively, and
such rules shall supersede other rules only to the ex-
tent that they are inconsistent therewith; and
(2) with full recognition of the constitutional
right of either House to change such rules (so far
as relating to such House) at any time, in the same
manner, and to the same extent as in the case of
any other rule of each House.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect on the date of enactment.
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