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COMMITTEE ACTION: REPORTED BY A RECORD VOTE OF 8-2 on Wednesday, September 19, 2012.
FLOOR ACTION:

MANAGERS: Slaughter/Bishop

112th Congress 
2nd Session

H.RES 788

[Report No. 112-680]

 

H.J. Res. 118 - Congressional Disapproval of Waiver of Work Requirements

H.R. 3409 - Coal Miner Employment and Domestic Energy Infrastructure Protection Act

1. Closed rule for H.J. Res. 118.

2. Provides one hour of debate with 30 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means and 30 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Education and the Workforce.

3. Waives all points of order against consideration of the joint resolution.

4. Provides that the joint resolution shall be considered as read.

5. Waives all points of order against provisions in the joint resolution.

6. Provides one motion to recommit.

7. Structured rule for H.R. 3409.

8. Provides one hour of general debate with 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Natural Resources, 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce, and 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Transportation and Infrastructure.

9. Waives all points of order against consideration of the bill.

10. 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.

11. Waives all points of order against the amendment in the nature of a substitute. 12. Makes in order only those amendments to H.R. 3409 printed in the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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.

13. Waives all points of order against the amendments printed in the report.

14. Provides one motion to recommit with or without instructions.

15. Section 3 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.

16. Section 4 authorizes the Speaker to appoint Members to perform the duties of the Chair for the duration of the period addressed by section 3.

17. Section 5 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).

18. Section 6 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).

19. Section 7 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).

RESOLUTION

Resolved, That upon the adoption of this resolution it shall be in order to consider in the House 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. All points of order against consideration of the joint resolution are waived. The joint resolution shall be considered as read. All points of order against provisions in the joint resolution are waived. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except: (1) 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; and (2) one motion to recommit.

Sec. 2. At any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union 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. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and amendments specified in this resolution and shall not exceed one hour 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. After general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendment in the nature of a substitute recommended by the Committee on Natural Resources now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of the text of Rules Committee Print 112-32. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. No amendment to that amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 3. 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 at any time declare the House adjourned to meet at a date and time, within the limits of clause 4, section 5, article I of the Constitution, to be announced by the Chair in declaring the adjournment; and (c) bills and resolutions introduced during the period addressed by this section shall be numbered, listed in the Congressional Record, and when printed shall bear the date of introduction, but may be referred by the Speaker at a later time.

Sec. 4. The Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by section 3 of this resolution as though under clause 8(a) of rule I.

Sec. 5. Each day during the period addressed by section 3 of this resolution shall not constitute a calendar day for purposes of section 7 of the War Powers Resolution (50 U.S.C. 1546).

Sec. 6. Each day during the period addressed by section 3 of this resolution shall not constitute a legislative day for purposes of clause 7 of rule XIII.

Sec. 7. Each day during the period addressed by section 3 of this resolution shall not constitute a calendar or legislative day for purposes of clause 7(c)(l) of rule XXII.

SUMMARY OF AMENDMENTS TO H.R. 3409 PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

# Description

Debate Time

1. Markey,
Edward(MA)

#13 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)

#6 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)

# 16 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)

#14 (REVISED) 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)

# 12 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)

#8 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)

#18 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)

#7 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)

#22 (LATE) 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)

#11 Would create a national renewable electricity and energy efficiency standard.

(10 minutes)

11. DeFazio
(OR)

#1 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)

#5 Would give power to the states to revoke any existing federal implementation plan (PIP) with regard to the regulation of visibility. In revoking the PIP, the state must propose a state implementation 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 PIP, allowing businesses time to plan for the changes.

(10 minutes)

13. Gosar (AZ)

#15 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)