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[House Report 114-98]
[From the U.S. Government Publishing Office]

114th Congress    }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                      {       114-98

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    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

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                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
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 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]
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