House Report 115-20 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 998) TO PROVIDE FOR THE ESTABLISHMENT OF A PROCESS FOR THE REVIEW OF RULES AND SETS OF RULES, AND FOR OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF THE JOINT RESOLUTION (H.J. RES. 83) DISAPPROVING THE RULE SUBMITTED BY THE DEPARTMENT OF LABOR RELATING TO ``CLARIFICATION OF EMPLOYER'S CONTINUING OBLIGATION TO MAKE AND MAINTAIN AN ACCURATE RECORD OF EACH RECORDABLE INJURY AND ILLNESS''

[House Report 115-20]
[From the U.S. Government Publishing Office]

115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-20

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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 998) TO PROVIDE FOR THE
ESTABLISHMENT OF A PROCESS FOR THE REVIEW OF RULES AND SETS OF RULES,
AND FOR OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF THE JOINT
RESOLUTION (H.J. RES. 83) DISAPPROVING THE RULE SUBMITTED BY THE
DEPARTMENT OF LABOR RELATING TO ``CLARIFICATION OF EMPLOYER'S
CONTINUING OBLIGATION TO MAKE AND MAINTAIN AN ACCURATE RECORD OF EACH
RECORDABLE INJURY AND ILLNESS''

_______

February 27, 2017.--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. 150]

The Committee on Rules, having had under consideration
House Resolution 150, 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 consideration of H.R. 998, the
SCRUB 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 Oversight
and Government Reform. 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 the
bill. The resolution makes in order only those 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.J. Res. 83, disapproving the rule submitted by the Department
of Labor relating to Clarification of Employer's Continuing
Obligation to Make and Maintain an Accurate Record of Each
Recordable Injury and Illness, 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 Education and the Workforce. The resolution waives
all points of order against consideration of the joint
resolution. The resolution provides that the joint resolution
shall be considered as read. The resolution waives all points
of order against provisions in the joint resolution. The
resolution provides one motion to recommit.

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against
consideration of H.R. 998, the Committee is not aware of any
points of order. The waiver of all points of order prophylactic
in nature.
Although the resolution waives all points of order against
provisions in H.R. 998, the Committee is not aware of any
points of order. The waiver of all points of order prophylactic
in nature.
Although the resolution waives all points of order against
the amendments printed in this report, the Committee is not
aware of any points of order. The waiver of all points of order
prophylactic in nature.
The waiver of all points of order against consideration of
H.J. Res. 83 includes a waiver of the following:
Section 303 of the Congressional Budget Act,
which prohibits consideration of legislation providing
a change in revenues for a fiscal year until the budget
resolution for that year has been agreed to; and
Section 311 of the Congressional Budget Act,
which prohibits consideration of legislation that would
cause revenues to be less than the level of total
revenues for the first fiscal year or for the total of
that first fiscal year and the ensuing fiscal years for
which allocations are provided.
Although the resolution waives all points of order against
provisions in H.J. Res. 83, 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. 25

Motion by Mr. Hastings of Florida to strike the waiver of
section of 311 of the Congressional Budget Act for H.J. Res.
83. Defeated: 3-8

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

SUMMARY OF THE AMENDMENTS TO H.R. 998 MADE IN ORDER

1. Beyer (VA): Provides that a Commission member must not
have been a registered lobbyist during the two-year period
prior and must file financial disclosure reports in accordance
with the Ethics in Government Act. (10 minutes)
2. DeSaulnier (CA): Requires the consideration of impacts
to public health prior to repealing any federal rules under the
bill. (10 minutes)
3. McSally (AZ): Expands the scope of the nature of the
Retrospective Regulatory Review Commission's review to ensure a
rule or set of rules is compliant with certain provisions of
the Congressional Review Act. (10 minutes)
4. Plaskett, (VI), Courtney (CT): Provides that no funding
will be authorized to carry out the requirements of this Act.
(10 minutes)
5. McNerney (CA): Exempts from the bill rules relating to
the physical and cyber security of the bulk-power system. (10
minutes)
6. Krishnamoorthi (IL): Ensures that the SCRUB Act will not
in any way hinder the safe and legal development and deployment
of unmanned aerial systems. (10 minutes)
7. Krishnamoorthi (IL): Ensures that the SCRUB Act will not
in any way weaken the protections afforded by noise restriction
policies at and around airports. (10 minutes)
8. Bonamici (OR), Davis, Susan (CA), Polis (CO): Exempts
any rule or set of rules prescribed by the Secretary of
Education and relating to consumer protections for student loan
borrowers from the provisions of this Act. (10 minutes)
9. Bonamici (OR), Polis (CO): Exempts any rule or set of
rules relating to Title I of the Elementary and Secondary
Education Act of 1965 from the provisions of this Act. (10
minutes)
10. Raskin (MD): Exempts rules relating to the enforcement
of the Clean Air Act from the provisions of H.R. 998. (10
minutes)
11. Moore, Gwen (WI): Exempts rules affecting or impacting
the special government to government relationship between the
federal government and tribal communities or affecting tribal
sovereignty or self-determination. (10 minutes)
12. Cummings (MD): Exempts any rule relating to protections
for whistleblowers or penalties for retaliation against
whistleblowers. (10 minutes)

TEXT OF AMENDMENTS TO H.R. 998 MADE IN ORDER

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

Page 5, line 16, insert after ``reviews.'' the following:
``During the two-year period prior to the inclusion of an
individual on a list of candidates under this subparagraph, the
individual may not have been a registered lobbyist under the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.).''.
Page 6, after line 6, insert the following new paragraph:
(4) Financial disclosure reports of members.--Each
member of the Commission shall file the financial
disclosure reports required under title I of the Ethics
in Government Act of 1978 (5 U.S.C. App.) in accordance
with the requirements of such title.
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2. An Amendment To Be Offered by Representative DeSaulnier of
California or His Designee, Debatable for 10 Minutes

Page 14, after line 22, insert the following new
subparagraph (and redesignate the following subparagraph
accordingly):
(K) Whether, and the extent to which, the
repeal of the rule or set of rules would impact
public health.
----------

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

Page 14, after line 22, insert the following new
subparagraph (and redesignate the subsequent subparagraph
accordingly):
(K) Whether the rule or set of rules is in
full compliance with the requirements of
section 801(a)(1)(A) of title 5, United States
Code.
----------

4. An Amendment To Be Offered by Representative Plaskett of the Virgin
Islands or Her Designee, Debatable for 10 Minutes

Page 24, strike lines 12 through 22 and insert the
following:
(k) Prohibition on Funding.--No funds are authorized to
carry out the requirements of this Act, and no funds authorized
or appropriated by any other Federal law may be made available
to carry out the requirements of this Act.
----------

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

Page 31, line 17, insert after ``Code'' the following: ``,
except that the term does not include any rule relating to the
physical and cyber security of the bulk-power system (as
defined in section 215(a) of the Federal Power Act (16 U.S.C.
824o(a)), including any emergency action to protect and restore
reliability of the bulk-power system''.
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6. An Amendment To Be Offered by Representative Krishnamoorthi of
Illinois or His Designee, Debatable for 10 Minutes