[House Report 115-145]
[From the U.S. Government Publishing Office]


115th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {      115-145

======================================================================

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 953) TO AMEND THE FEDERAL 
   INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT AND THE FEDERAL WATER 
  POLLUTION CONTROL ACT TO CLARIFY CONGRESSIONAL INTENT REGARDING THE 
 REGULATION OF THE USE OF PESTICIDES IN OR NEAR NAVIGABLE WATERS, AND 
                           FOR OTHER PURPOSES

                                _______
                                

May 22, 2017.--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. 348]

    The Committee on Rules, having had under consideration 
House Resolution 348, 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. 953, the 
Reducing Regulatory Burdens Act of 2017, 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 purpose of amendment an amendment in 
the nature of a substitute consisting of the text of Rules 
Committee Print 115-21 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 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 resolution provides one motion to 
recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, 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 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 this report, 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. 57

    Motion by Ms. Slaughter to report an open rule. Defeated: 
3-7

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Woodall.....................................          Nay   Mr. McGovern......................          Yea
Mr. Burgess.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Collins.....................................          Nay   Mr. Polis.........................  ............
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................  ............
Mr. Buck........................................          Nay   ..................................
Ms. Cheney......................................  ............
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 58

    Motion by Mr. Cole to report the rule. Adopted: 7-3

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Woodall.....................................          Yea   Mr. McGovern......................          Nay
Mr. Burgess.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Collins.....................................          Yea   Mr. Polis.........................  ............
Mr. Byrne.......................................          Yea
Mr. Newhouse....................................  ............
Mr. Buck........................................          Yea
Ms. Cheney......................................  ............
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Esty (CT): Ensures that existing clean water protections 
apply to the release of these toxic chemicals into the 
environment. (10 minutes)
    2. Huffman (CA): Protects commercial, recreational and 
subsistence fisheries from the negative impacts of unregulated 
discharge. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Esty of Connecticut or 
                 Her Designee, Debatable for 10 Minutes

  Page 3, after line 2, insert the following (and redesignate 
subsequent subparagraphs of the quoted matter accordingly):
                  ``(B) A discharge that contains any active or 
                inactive ingredient identified on the list of 
                toxic pollutants established pursuant to 
                section 307(a)(1) of this Act, the list of 
                extremely hazardous substances established 
                pursuant to section 302(a) of the Emergency 
                Planning and Community Right-To-Know Act of 
                1986 (42 U.S.C. 11002(a)), the list of toxic 
                chemicals established pursuant to section 
                313(c) of such Act (42 U.S.C. 11023(c)), or the 
                list of hazardous substances established 
                pursuant to section 102 of the Comprehensive 
                Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9602).
                              ----------                              


 2. An Amendment To Be Offered by Representative Huffman of California 
               or His Designee, Debatable for 10 Minutes

  Page 3, after line 13, add the following:

SEC. 4. PROTECTION OF FISHERIES.

  Nothing in this Act, or the amendments made by this Act, 
shall prevent the Administrator of the Environmental Protection 
Agency or a State from requiring a permit under section 402 of 
the Federal Water Pollution Control Act for any discharge (as 
defined in such Act) that would have a negative effect on 
commercial, recreational, or subsistence fisheries, or on 
fisheries protected by Tribal treaty rights, as determined by 
the Administrator or the State, as applicable, based on the 
best available science.

                                  [all]