[House Report 114-98]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-98
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1732) TO PRESERVE
EXISTING RIGHTS AND RESPONSIBILITIES WITH RESPECT TO WATERS OF THE
UNITED STATES, AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF
THE CONFERENCE REPORT TO ACCOMPANY THE CONCURRENT RESOLUTION (S. CON.
RES. 11) SETTING FORTH THE CONGRESSIONAL BUDGET FOR THE UNITED STATES
GOVERNMENT FOR FISCAL YEAR 2016 AND SETTING FORTH THE APPROPRIATE
BUDGETARY LEVELS FOR FISCAL YEARS 2017 THROUGH 2025; AND PROVIDING FOR
CONSIDERATION OF THE JOINT RESOLUTION (H.J. RES. 43) DISAPPROVING THE
ACTION OF THE DISTRICT OF COLUMBIA COUNCIL IN APPROVING THE
REPRODUCTIVE HEALTH NON-DISCRIMINATION AMENDMENT ACT OF 2014
_______
April 29, 2015.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Woodall, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 231]
The Committee on Rules, having had under consideration
House Resolution 231, by a record vote of 8 to 3, 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. 1732, the
Regulatory Integrity Protection Act of 2015, 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 Transportation and
Infrastructure. The resolution waives all points of order
against consideration of the bill. The resolution makes in
order as original text for the purpose of amendment an
amendment in the nature of a substitute consisting of the text
of Rules Committee Print 114-13 modified by the amendment
printed in part A of the Rules Committee report, 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 part B of
this report. Each such further 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 the Committee of the Whole. The resolution waives all points
of order against the amendments printed in part B of this
report. The resolution provides one motion to recommit with or
without instructions.
Section 2 of the resolution provides for consideration of
the conference report to accompany S. Con. Res. 11, the
Concurrent Resolution on the Budget for Fiscal Year 2016. The
resolution waives all points of order against the conference
report and against its consideration. The resolution provides
that the conference report shall be considered as read. The
resolution provides that the previous question shall be
considered as ordered without intervention of any motion except
one hour of debate.
Section 3 of the resolution provides that section 604(g) of
the District of Columbia Home Rule Act shall not apply in the
case of H.J. Res. 43, disapproving the action of the District
of Columbia Council in approving the Reproductive Health Non-
Discrimination Amendment Act of 2014.
Section 4 of the resolution provides for consideration of
H.J. Res. 43, disapproving the action of the District of
Columbia Council in approving the Reproductive Health Non-
Discrimination Amendment Act of 2014, 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 Oversight and Government Reform or their
respective designees. 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 that pursuant to
section 604(h) of the Home Rule Act, a motion to recommit is
not in order to the joint resolution if under consideration
while the act of the D.C. Council is within the congressional
review period prescribed in section 602 of such Act.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against
consideration of H.R. 1732, 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. 1732 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 printed in part B of this report, the Committee
is not aware of any points of order. The waiver is prophylactic
in nature.
The waiver of all points of order against the conference
report and its consideration includes a waiver of clause 9 of
rule XXII, which prohibits the inclusion of matter in a
conference report not committed to the conference by either
House.
The waiver of all points of order against consideration of
H.J. Res. 43 includes a waiver of clause 4(a) of rule XIII,
requiring the three-day layover of a committee report.
Although the resolution waives all points of order against
provisions in H.J. Res. 43, 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. 41
Motion by Ms. Foxx to report the rule. Adopted: 8-3
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Yea Ms. Slaughter..................... Nay
Mr. Cole........................................ ............ Mr. McGovern...................... Nay
Mr. Woodall..................................... Yea Mr. Hastings of Florida........... ............
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 AMENDMENT TO H.R. 1732 IN PART A CONSIDERED AS ADOPTED
1. Shuster (PA): Clarifies that the Act will be carried out
with existing funds.
SUMMARY OF THE AMENDMENTS TO H.R. 1732 IN PART B MADE IN ORDER
1. Edwards (MD): Provides policy provisions that the
Secretary and Administrator are prohibited from including in a
final rule. (10 minutes)
2. Kildee (MI): Gives a state two years to become compliant
with the new `waters of the U.S.' rule in order to protect a
state from automatically losing their state permitting programs
through the Clean Water Act because of the new rule. (10
minutes)
PART A--TEXT OF AMENDMENT TO H.R. 1732 CONSIDERED AS ADOPTED
At the end of the bill, add the following:
SEC. 4. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.
No additional funds are authorized to be appropriated to
carry out this Act, and this Act shall be carried out using
amounts otherwise available for such purpose.
PART B--TEXT OF AMENDMENTS TO H.R. 1732 MADE IN ORDER
1. An Amendment To Be Offered by Representative Edwards of Maryland or
Her Designee, Debatable for 10 Minutes
Strike sections 2 and 3 and insert the following:
SEC. 2. LIMITATION.
The Secretary of the Army and the Administrator of the
Environmental Protection Agency are prohibited from
implementing any final rule that is based on the proposed rule
described in the notice of proposed rule published in the
Federal Register entitled ``Definition of `Waters of the United
States' Under the Clean Water Act'' (79 Fed. Reg. 22188 (April
21, 2014)) if such final rule--
(1) expands the scope of the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.) beyond those
waterbodies covered prior to the decisions of the
United States Supreme Court in Solid Waste Agency of
Northern Cook County v. United States Army Corps of
Engineers, 531 U.S. 159 (2001), and Rapanos v. United
States, 547 U.S. 715 (2006);
(2) is inconsistent with the judicial opinions of
Justice Scalia or Justice Kennedy in Rapanos v. United
States;
(3) authorizes Federal Water Pollution Control Act
jurisdiction over a waterbody based solely on the
presence of migratory birds on such waterbody;
(4) increases the regulation of ditches, including
roadside ditches, when compared to existing Federal
Water Pollution Control Act regulations or guidance;
(5) increases the scope of the Federal Water
Pollution Control Act with respect to municipal
separate sanitary sewer systems, water supply canals,
or other water delivery systems;
(6) eliminates historical statutory or regulatory
exemptions for agriculture, silviculture, or ranching;
(7) increases the scope of the Federal Water
Pollution Control Act with respect to groundwater or
water reuse or recycling projects;
(8) requires Federal Water Pollution Control Act
regulation of erosional features;
(9) requires Federal Water Pollution Control Act
permits for land-use activities;
(10) requires Federal Water Pollution Control Act
regulation of artificial farm and stock ponds, puddles,
water on driveways, birdbaths, or playgrounds;
(11) is inconsistent with the latest peer-reviewed
scientific studies;
(12) was promulgated without consulting with State
and local governmental entities; or
(13) was promulgated without public notice or
comment.
----------
2. An Amendment To Be Offered by Representative Kildee of Michigan or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 4. EFFECT ON STATE PERMIT PROGRAMS.
(a) In General.--If the Administrator of the Environmental
Protection Agency, based on the proposed rule developed under
section 3, issues a final rule to define the term ``waters of
the United States'' as used in the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), the Administrator shall--
(1) not later than 90 days after the date of issuance
of the final rule, review each permit program being
administered by a State under section 402, 404, or 405
of that Act (33 U.S.C. 1342, 1344, or 1345) to
determine whether the permit program complies with the
terms of the final rule; and
(2) not later than 10 days after the date of
completion of the review, notify the State of--
(A) the Administrator's determination under
paragraph (1); and
(B) in any case in which the Administrator
determines that a permit program does not
comply with the final rule, the actions
required to bring the permit program into
compliance.
(b) Compliance Period.--During the 2-year period beginning on
the date on which the Administrator provides notice to a State
under subsection (a)(2), the Administrator may not withdraw
approval of a State permit program referred to in subsection
(a)(1) on the basis that the permit program does not comply
with the terms of a final rule described in subsection (a).
(c) Limitation on Statutory Construction.--Nothing in this
section may be construed to limit or otherwise affect the
authority of the Administrator under the Federal Water
Pollution Control Act or any other provision of law--
(1) to withdraw approval of a State permit program
referred to in subsection (a)(1), except as
specifically prohibited by subsection (b); or
(2) to disapprove a proposed permit under a State
permit program referred to in subsection (a).
[all]