[House Report 110-349]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-349
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2693) TO DIRECT THE
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION TO ISSUE A STANDARD
REGULATING WORKER EXPOSURE TO DIACETYL
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September 25, 2007.--Referred to the House Calendar and ordered to be
printed
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Ms. Sutton, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 678]
The Committee on Rules, having had under consideration
House Resolution 678, by a record vote of 7-3, with one member
voting present, 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. 2693, the
Popcorn Workers Lung Disease Prevention Act, under a structured
rule. The rule provides one hour of general debate equally
divided and controlled by the chairman and ranking minority
member of the Committee on Education and Labor. The rule waives
all points of order against consideration of the bill except
clauses 9 and 10 of rule XXI. The rule provides that the
amendment in the nature of a substitute recommended by the
Committee on Education and Labor now printed in the bill shall
be considered as an original bill for the purpose of amendment
and shall be considered as read. All points of order against
the committee amendment in the nature of a substitute are
waived except clause 10 of rule XXI.
The rule makes in order only those amendments printed in
this report. The amendments made in order 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 a division of the question in the House
or in the Committee of the Whole. All points of order against
the amendments except for clauses 9 and 10 of rule XXI are
waived. The rule provides one motion to recommit with or
without instructions. The rule provides that, notwithstanding
the operation of the previous question, the Chair may postpone
further consideration of the bill to a time designated by the
Speaker.
EXPLANATION OF WAIVERS
The rule waives all points of order against consideration
of the bill (except for clauses 9 and 10 of rule XXI) and
against the committee amendment in the nature of a substitute
(except for clause 10 of rule XXI). The waiver of all points of
order against the amendment in the nature of a substitute
includes a waiver of clause 7 of rule XVI, relating to
germaneness.
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. 315
Date: September 25, 2007.
Measure: H.R. 2693.
Motion by: Mr. Hastings (WA).
Summary of motion: To grant an open rule.
Results: Defeated 3-8.
Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Cardoza--
Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay;
Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; Slaughter--
Nay.
Rules Committee record vote No. 316
Date: September 25, 2007.
Measure: H.R. 2693.
Motion by: Mr. Dreier.
Summary of motion: To add clause 9 of rule XXI to the
exception of waivers against the committee amendment in the
nature of a substitute.
Results: Defeated 3-8.
Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Cardoza--
Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay;
Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; Slaughter--
Nay.
Rules Committee record vote No. 317
Date: September 25, 2007.
Measure: H.R. 2693.
Motion by: Hastings (FL).
Summary of motion: To report the rule.
Results: Adopted 7-3, with one member voting present.
Vote by Members: Hastings (FL)--Yea; Matsui--Yea; Cardoza--
Pres; Welch--Yea; Castor--Yea; Arcuri--Yea; Sutton--Yea;
Dreier--Nay; Diaz-Balart--Nay; Hastings (WA)--Nay; Slaughter--
Yea.
SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE
Miller, George (CA) Manager's Amendment. The amendment
clarifies that a standard will only be needed if diacetyl is
still in use. Second, it clarifies that Section 4, calling for
a NIOSH study, applies to potential substitutes for diacetyl.
(10 minutes)
Wilson, Joe (SC). The amendment requires the Occupational
Safety and Health Administration to wait until the National
Institute for Occupational Safety and Health (NIOSH) concludes
there is sufficient data to support a recommended exposure
limit and establishes such recommended exposure limit before
issuing a final standard. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE
1. An Amendment To Be Offered by Representative George Miller of
California, or His Designee, Debatable for 10 Minutes
Page 6, line 21, insert ``, if at such time, diacetyl is
still being processed or utilized in facilities subject to such
Act'' after ``diacetyl''.
Page 7, line 5, strike ``of'' and insert ``for''.
Page 7, line 7, strike ``used in the production'' and all
that follows through ``NIOSH'' and insert ``that may be used as
substitutes for diacetyl and''.
Page 7, strike lines 13 through 18 and insert the following:
(b) Construction.--Nothing in this section shall be construed
as affecting the timing of the rulemaking outlined in section
2.
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2. An Amendment To Be Offered by Representative Wilson of South
Carolina, or His Designee, Debatable for 10 Minutes
Page 6, line 18, strike ``the date of enactment of this
Act,'' and insert ``the National Institute for Occupational
Safety and Health concludes there is sufficient data to support
a recommended exposure limit and establishes such recommended
exposure limit,''.