49–008 

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 


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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. 


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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 ‘‘DefiniVerDate Sep 11 2014 03:54 Apr 30, 2015 Jkt 049008 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR098.XXX HR098

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tion 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— 


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(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). 

Æ 


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