H.Res. 897: H.R. 5303 – Water Resources Development Act of 2016; H.R. 6094 – Regulatory Relief for Small Businesses, Schools, and Nonprofits Act

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Tuesday, September 27, 2016.

FLOOR ACTION:  ADOPTED BY A RECORD VOTE OF 234-191 AFTER ORDERING THE PREVIOUS QUESTION BY A RECORD VOTE OF 242-183 on Wednesday, September 28, 2016.

MANAGERS: McGovern/Woodall

114th Congress

2nd Session

Rule

H.RES. 897

Report No. 114-794

 

H.R. 5303 - Water Resources Development Act of 2016

H.R. 6094 - Regulatory Relief for Small Businesses, Schools, and Nonprofits Act

  1. Structured rule for further consideration of H.R. 5303.
  2. Provides no further general debate.
  3. Makes in order only those further amendments printed in the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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.
  4. Waives all points of order against the amendments printed in the report.
  5. Provides one motion to recommit with or without instructions.
  6. Closed rule for H.R. 6094.
  7. Provides one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Education and the Workforce.
  8. Waives all points of order against consideration of the bill.
  9. Provides that the bill shall be considered as read.
  10. Waives all points of order against provisions in the bill.
  11. Provides one motion to recommit.
  12. Section 3 provides that on any legislative day during the period from September 29, 2016, through November 11, 2016: the Journal of the proceedings of the previous day shall be considered as approved; and the Chair may at any time declare the House adjourned to meet at a date and time to be announced by the Chair in declaring the adjournment.
  13. Section 4 provides that the Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by section 3.
  14. Section 5 provides that each day during the period addressed by section 3 of the resolution shall not constitute calendar days for the purposes of section 7 of the War Powers Resolution. (50 U.S.C. 1546)
  15. Section 6 provides that each day during the period addressed by section 3 of the resolution shall not constitute a legislative day for purposes of clause 7 of rule XIII (resolutions of inquiry).
  16. Section 7 provides that for each day during the period addressed by section 3 shall not constitute a calendar or legislative day for purposes of clause 7(c)(1) of rule XXII (motions to instruct conferees).

 

RESOLUTION

Resolved, That at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for further consideration of the bill (H.R. 5303) to provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes. No further amendment to the amendment in the nature of a substitute referred to in the first section of House Resolution 892 shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such further amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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. All points of order against such further amendments are waived. At the conclusion of consideration of the bill for amendment pursuant to this resolution the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 2. Upon adoption of this resolution it shall be in order to consider in the House the bill (H.R. 6094) to provide for a 6-month delay in the effective date of a rule of the Department of Labor relating to income thresholds for determining overtime pay for executive, administrative, professional, outside sales, and computer employees. All points of order against consideration of the bill are waived. The bill shall be considered as read. All points of order against provisions in the bill are waived. The previous question shall be considered as ordered on the bill and on any amendment thereto to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Education and the Workforce; and (2) one motion to recommit.

Sec. 3. On any legislative day during the period from September 29, 2016, through November 11, 2016— (a) the Journal of the proceedings of the previous day shall be considered as approved; and (b) the Chair may at any time declare the House adjourned to meet at a date and time, within the limits of clause 4, section 5, article I of the Constitution, to be announced by the Chair in declaring the adjournment.

Sec. 4. The Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by section 3 of this resolution as though under clause 8(a) of rule I.

Sec. 5. Each day during the period addressed by section 3 of this resolution shall not constitute a calendar day for purposes of section 7 of the War Powers Resolution (50 U.S.C. 1546).

Sec. 6. Each day during the period addressed by section 3 of this resolution shall not constitute a legislative day for purposes of clause 7 of rule XIII. Sec. 7. Each day during the period addressed by section 3 of this resolution shall not constitute a calendar or legislative day for purposes of clause 7(c)(1) of rule XXII.

 

SUMMARY OF AMENDMENTS TO H.R. 5303 PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

1. Byrne (AL)

#23

(REVISED) Directs the Secretary to coordinate with all Gulf States on developing an oyster bed recovery assessment for beds that were damaged due to Hurricane Katrina, Deepwater Horizon and recent floods, adopting a modified version of the Senate passed text.

(10 minutes)

2. Crawford (AR)

#103

(LATE) Clarifies the Water Infrastructure Finance and Innovation Act (WIFIA) to make eligible alternative water delivery projects aimed at reducing aquifer depletion and makes a technical modification that ensures WIFIA financing arrangements take into account the total cost of the project.

(10 minutes)

3. Culberson (TX), Green, Al (TX)

#32

(REVISED) Directs the Secretary to expedite the Brays Bayou flood mitigation project authorized by item 6 in section 211(f) of the Water Resources Development Act of 1996.

(10 minutes)

4. Farenthold (TX)

#69

(REVISED) Provides that no new start or new investment decision shall be required to initiate work on a separable element of an authorized project when contraction of one or more separable elements of that project was initiated previously; it shall be considered ongoing work and it should be considered continuation of the fully authorized project.

(10 minutes)

5. Johnson, Sam (TX), Sessions (TX), Ratcliffe (TX), Johnson, Eddie Bernice (TX)

#42

(REVISED) Requires the EPA and Army Corps of Engineers to issue the final federal permit for the Lower Bois d'Arc Creek Reservoir Project no later than September 30, 2017.

(10 minutes)

6. Ribble (WI), Nolan (MN), Esty (CT)

#1

(REVISED) Provides that in carrying out the design, construction, maintenance, repair, and rehabilitation of water resources development projects, including flood risk reduction, coastal resiliency, and ecosystem restoration projects, the Secretary shall ensure that appropriate consideration is given to the use of natural and nature-based features.

(10 minutes)

7. Rogers, Harold (KY)

#101

(LATE) Clarifies that requirements imposed on floating cabins used in the Cumberland River Basin cannot be different or more stringent than the requirements imposed on all recreational vessels authorized for use in the Basin.

(10 minutes)

8. Rouzer (NC)

#102

(LATE) Directs the Army Corps of Engineers to work with state officials to establish a no wake zone in federal navigation channels when certain criteria are met.

(10 minutes)

9. Meng (NY), Stefanik (NY)

#16

Allows the Army Corps of Engineers to pursue projects and technologies that prevent and mitigate flood damages associated with ice jams (chunks of ice floating on a river that catch on an obstruction such as a bridge piling, rocks, logs, etc., pile up to form an ice dam, and cause flooding upstream from the blockage, and then possibly downstream again when the ice finally releases)

(10 minutes)

10. Moore (LATE)

#91

Calls for the Army Corps to conduct a review of Gwen (WI) its tribal consultation policies and regulations. Provides that the Army Corps shall provide for public meetings with Indian tribes and other stakeholders and provide a report to Congress on the results of the review.

(10 minutes)

11. Peters, Scott (CA)

#64

Directs the Secretary to design and develop a structural health monitoring program to assess and improve the condition of infrastructure constructed and maintained by the Corps of Engineers, including research, design, and development of systems and frameworks for—response to flood and earthquake events; pre-disaster mitigation measures; lengthening the useful life of the infrastructure; and identifying risks due to sea level rise.

(10 minutes)

12. Quigley (IL)

#11

Expedites the completion of the project for flood control, Chicagoland Underflow Plan, Illinois, phase 2.

(10 minutes)

13. Vela (TX), Farenthold (TX)

#43

(REVISED) Directs the Secretary of the Army to release the interests of the United States in certain tracts of land located in Cameron County, Texas, and for other purposes.

(10 minutes)

14. Huizenga (MI)

#105

(LATE) Makes permanent a set aside of Army Corps priority funding for the Great Lakes.

(10 minutes)

15. Joyce (OH)

#52

Amends the Clean Water Act to reauthorize the Great Lakes Restoration Initiative.

(10 minutes)

16. Bridenstine (OK), Russell (OK)

#22

Strengthens language requiring a feasibility study of Tulsa and West Tulsa levees. Prioritizes the project if study classifies levee or levee system Class I or Class II.

(10 minutes)

17. Courtney (CT)

#19

Removes a breakwater in Stonington, Conn. as a federally authorized project.

(10 minutes)

18. Newhouse (WA), Heck, Denny (WA), Kilmer (WA), Walden (OR)

#107

(LATE) (REVISED) Directs the Chief of Engineers to transfer the human remains commonly known as the Kennewick Man or the Ancient One to the Washington State Department of Archeology and Historic Preservation, on the condition that the Department disposes of the remains and repatriates the remains to the claimant tribes.

(10 minutes)

19. Kildee (MI), Moolenaar (MI)

#108

(LATE) Authorizes the Secretary to provide additional assistance under section 219 of the Water Resources Development Act of 1992 for certain communities for the repair or replacement of public and private infrastructure in any State for which the President has declared an emergency under the Stafford Act as a result of the presence of chemical, physical, or biological constituents, including lead or other contaminants in the eligible system.

 

(10 minutes)