39–008 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 113–581 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5078) TO PRESERVE 

EXISTING RIGHTS AND RESPONSIBILITIES WITH RESPECT TO WATERS 

OF THE UNITED STATES, AND FOR OTHER PURPOSES, AND PROVIDING 

FOR CONSIDERATION OF THE RESOLUTION (H. RES. 644) CONDEMNING 

AND DISAPPROVING OF THE OBAMA ADMINISTRATION’S FAILURE TO 

COMPLY WITH THE LAWFUL STATUTORY REQUIREMENT TO NOTIFY 

CONGRESS BEFORE RELEASING INDIVIDUALS DETAINED AT UNITED 

STATES NAVAL STATION, GUANTANAMO BAY, CUBA, AND EXPRESSING 

NATIONAL SECURITY CONCERNS OVER THE RELEASE OF FIVE TALIBAN 

LEADERS AND THE REPERCUSSIONS OF NEGOTIATING WITH TERRORISTS 

SEPTEMBER 8, 2014.—Referred to the House Calendar and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 715] 

The Committee on Rules, having had under consideration House 

Resolution 715, by a record vote of 7 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. 5078, the 

Waters of the United States Regulatory Overreach Protection Act 

of 2014, 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 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 rule provides 

one motion to recommit with or without instructions. 


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Section 2 of the resolution provides for consideration of H. Res. 

644, Condemning and disapproving of the Obama administration’s 

failure to comply with the lawful statutory requirement to notify 

Congress before releasing individuals detained at United States 

Naval Station, Guantanamo Bay, Cuba, and expressing national security concerns over the release of five Taliban leaders and the repercussions of negotiating with terrorists, 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 Armed Services. The resolution waives all points of order 

against consideration of the resolution. The resolution provides 

that the amendments to the resolution and the preamble recommended by the Committee on Armed Services now printed in 

the resolution shall be considered as adopted and the resolution, as 

amended, shall be considered as read. The resolution provides one 

motion to recommit with or without instructions. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of H.R. 

5078 includes a waiver of clause 4(a) of rule XIII, which prohibits 

consideration of legislation in the House until the third calendar 

day on which each report of a committee on that measure or matter 

has been available to Members, Delegates and the Resident Commissioner. The waiver is necessary because the Committee on 

Transportation and Infrastructure filed a supplemental report to 

accompany H.R. 5078 on September 8, 2014. However, it is important to note that the Congressional Budget Office cost estimate included in the supplemental report has been publicly available since 

August 1, 2014. 

Although the resolution waives all points of order against provisions in H.R. 5078, 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 this report, 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 consideration of H. Res. 644, 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. 185 

Motion by Ms. Foxx to report the rule. Adopted: 7–3 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Yea Ms. Slaughter .................................................. Nay 

Mr. Bishop of Utah .......................................... ................... Mr. McGovern ................................................... Nay 

Mr. Cole ............................................................ Yea Mr. Hastings of Florida ................................... Nay 

Mr. Woodall ...................................................... Yea Mr. Polis ........................................................... ...................

Mr. Nugent ....................................................... Yea 

Mr. Webster ...................................................... Yea 

Ms. Ros-Lehtinen ............................................. ...................

Mr. Burgess ...................................................... Yea 


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Majority Members Vote Minority Members Vote 

Mr. Sessions, Chairman ................................... Yea 

SUMMARY OF THE AMENDMENTS TO H.R. 5078 MADE IN ORDER

1. DeFazio (OR): Requires the Secretary of the Army and the Administrator of the EPA to withdraw both the proposed and interpretive rules published in April 2014, and to instead develop and 

issue for public comment a revised proposed rule to define Waters 

of the United States after consultation with States, local governments and stakeholders. (10 minutes) 

2. Bishop, Tim (NY): Provides policy provisions that the Secretary and Administrator are prohibited from including in a final 

rule. (10 minutes) 

3. Bishop, Tim (NY): States that provisions of the bill do not 

apply if it is determined implementation is likely to have an adverse impact on water quality. (10 minutes) 

TEXT OF AMENDMENTS TO H.R. 5078 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DEFAZIO

OF OREGON OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, strike line 3 and all that follows through line 23 on page 

8 and insert the following (and redesignate the subsequent section 

accordingly): 

SECTION 1. WITHDRAWAL OF PROPOSED AND INTERPRETIVE RULES. 

Not later than 30 days after the date of enactment of this Act, 

the Secretary and the Administrator shall withdraw— 

(1) 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)); and 

(2) the interpretive rule described in the notice of availability 

published in the Federal Register entitled ‘‘Notice of Availability Regarding the Exemption from Permitting Under Section 404(f)(1)(A) of the Clean Water Act to Certain Agricultural 

Conservation Practices’’ (79 Fed. Reg. 22276 (April 21, 2014)). 

SEC. 2. DEVELOPMENT OF REVISED RULE. 

(a) IN GENERAL.—The Secretary and the Administrator shall develop a revised proposed 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.) and to identify— 

(1) the scope or types of waters covered under that Act; and 

(2) the scope or types of waters not covered under that Act. 

(b) CONSULTATION.—In developing the revised proposed rule, the 

Secretary and the Administrator shall— 

(1) consider the public comments received on the proposed 

and interpretive rules referred to in section 1; and 

(2) consult with and solicit recommendations from State and 

local officials, stakeholders, and other interested parties. 

(c) PUBLICATION.—Not later than 1 year after the date of withdrawal of the proposed and interpretive rules under section 1, the 


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Secretary and the Administrator shall publish the revised proposed 

rule in the Federal Register. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BISHOP OF

NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Beginning on page 3, strike line 7 and all that follows through 

page 4, line 20, and insert the following: 

(a) IN GENERAL.—The Secretary and the Administrator 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 U.S. Supreme Court in Solid Waste 

Agency of Northern Cook County v. U.S. 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 the Rapanos decision; 

(3) increases the regulation of ditches when compared to existing Federal Water Pollution Control Act regulations or guidance; 

(4) eliminates historical statutory or regulatory exemptions 

for agriculture; 

(5) increases the scope of the Federal Water Pollution Control Act with respect to groundwater; 

(6) requires Federal Water Pollution Control Act regulation 

of erosional features; 

(7) requires Federal Water Pollution Control Act permits for 

land-use activities; 

(8) requires Federal Water Pollution Control Act regulation 

of farm ponds, puddles, water on driveways, birdbaths, or playgrounds; 

(9) is inconsistent with the latest peer-reviewed studies; or 

(10) was promulgated without public notice or comment. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BISHOP OF

NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, add the following: 

SEC. 5. LIMITATION ON APPLICABILITY. 

None of the provisions in this Act shall apply if the Administrator determines that the implementation of such provisions is 

likely— 

(1) to increase the interstate movement of pollutants through 

surface waters; 

(2) to increase the costs to be incurred by a State to maintain 

or achieve approved water quality standards for the State; or 


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(3) to cause or contribute to the impairment of surface or 

coastal waters of a State. 

Æ 


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