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118th Congress Environmental Protection

H.J.Res. 27: Disapproval of Department of the Army, Corps of Engineers, Department of Defense and the Environmental Protection Agency rule: Revised Definition of 'Waters of the United States'

Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Army, Corps of Engineers, Department of Defense and the Environmental Protection Agency relating to "Revised Definition of 'Waters of the United States'".

VetoedApr 6, 2023

  1. Introduced (completed)Feb 2, 2023
  2. Passed House (completed)Mar 9, 2023, 227–198
  3. Passed Senate (completed)Mar 29, 2023, 53–43
  4. To the President (completed)Apr 5, 2023
  5. Vetoed (completed)Apr 6, 2023
  6. Overridden (not reached)
  7. Became law (not reached)

Summary

Passed Senate, Mar 29, 2023

This joint resolution nullifies the rule titled Revised Definition of "Waters of the United States," which was submitted by the U.S. Army Corps of Engineers and the Environmental Protection Agency on January 18, 2023. The rule specifies which bodies of water fall under the scope of the Clean Water Act and are thereby under federal jurisdiction and protected. For example, the definition in the 2023 rule includes certain wetlands and ephemeral waters (e.g., waters that flow intermittently).

The 2023 rule replaced the 2020 Navigable Waters Protection Rule that included a narrower definition of waters of the United States.

Written by the Congressional Research Service, Library of Congress.

Key votes

House veto override, Apr 18, 2023

Passage, Objections of the President To The Contrary Notwithstanding

Failed 227–196

Yea 227two-thirds 282Nay 196

  • Democrats10 yea, 195 nay
  • Republicans216 yea, 1 nay
  • Independents1 yea, 0 nay

Broke with their party: Jimmy Panetta (D-CA), Susie Lee (D-NV), David Scott (D-GA), Vicente Gonzalez (D-TX), Jared Golden (D-ME), Sanford Bishop (D-GA), Donald Davis (D-NC), Angie Craig (D-MN) and Henry Cuellar (D-TX) voted Yea; Brian Fitzpatrick (R-PA) voted Nay; and 1 more

See how all 423 members voted

Showing 434 of 434 members

Yea 227

Republicans (216)

Democrats (10) broke with their party

Independents (1)

Nay 196

Republicans (1) broke with their party

Democrats (195)

Not voting 11

Republicans (3)

Senate final vote, Mar 29, 2023

On the Joint Resolution

Passed 53–43

Yea 53majority 49Nay 43

  • Democrats3 yea, 41 nay
  • Republicans48 yea, 0 nay
  • Independents2 yea, 2 nay

Broke with their party: Jon Tester (D-MT), Kyrsten Sinema (I-AZ), Jacky Rosen (D-NV), Joe Manchin (I-WV) and Catherine Cortez Masto (D-NV) voted Yea

See how all 96 members voted

Showing 100 of 100 members

Yea 53

Democrats (3) broke with their party

Independents (2) broke with their party

Nay 43

Independents (2)

Not voting 4

Republicans (1)

Roll calls

3 votes on this bill

Showing 3 of 3 roll calls

  • Apr 18, 2023HousePassage, Objections of the President To The Contrary NotwithstandingFinal passageVeto overrideFailed, yea-nay 227–196
    Roll call 187 tally by party
    PartyYeaNayPresentNot voting
    Democrats1019508
    Republicans216103
    Independents1000
    Total227196011

    House roll call 187: Passage, Objections of the President To The Contrary Notwithstanding. Failed.

    11 crossed party lines: 10 Democrats, 1 Republican

    How each member voted (434)
  • Mar 29, 2023SenateOn the Joint ResolutionFinal passagePassed, yea-nay 53–43
    Roll call 79 tally by party
    PartyYeaNayPresentNot voting
    Democrats34103
    Republicans48001
    Independents2200
    Total534304

    Senate roll call 79: On the Joint Resolution. Joint Resolution Passed.

    5 crossed party lines: 3 Democrats, 2 Independents

    How each member voted (100)
  • Mar 9, 2023HouseOn PassagePassed, yea-nay 227–198
    Roll call 142 tally by party
    PartyYeaNayPresentNot voting
    Democrats919707
    Republicans217102
    Independents1000
    Total22719809

    House roll call 142: On Passage. Passed.

    10 crossed party lines: 9 Democrats, 1 Republican

    How each member voted (434)

Amendments

0 offered

No amendments were offered to this bill.

Cosponsors

170

Who scored on this bill

2,648 points earned
  1. 1Sam Graves R-MO SponsorReached a cosponsor milestone, introduced, reported, passed House, passed Senate, vetoed; 1 veto override vote9 events+124
  2. 2Sanford Bishop D-GA2 maverick votes; 1 veto override vote3 events+16
  3. 2Jim Costa D-CA2 maverick votes; 1 veto override vote3 events+16
  4. 2Angie Craig D-MN2 maverick votes; 1 veto override vote3 events+16
  5. 2Henry Cuellar D-TX2 maverick votes; 1 veto override vote3 events+16
See all scorers and every scoring event

Introductions and cosponsorships count toward weekly caps and show no points.

Other bills by Sam Graves

History

  1. Apr 6, 2023Vetoed by the President.
  2. Apr 5, 2023Presented to the President.
  3. Mar 29, 2023Passed the Senate, 53–43.
  4. Mar 9, 2023Passed the House, 227–198.
  5. Feb 2, 2023Introduced in the House by Sam Graves.
Show the full action history (36 actions)
  1. Apr 18, 2023The Chair laid before the House the veto message from the President.
  2. Apr 18, 2023DEBATE - Pursuant to a previous order of the House of April 10, 2023, the unfinished business is the further consideration of the veto message of the President on H.J.Res. 27. The House proceeded with one hour of debate on the objection of the President to the contrary notwithstanding. (consideration: CR H1782-1789)
  3. Apr 18, 2023The previous question was ordered with objection.
  4. Apr 18, 2023POSTPONED PROCEEDINGS - At the conclusion of debate on the veto message of the President to H.J. Res. 27, the Chair put the question on will the House, on reconsideration, pass H.J. Res. 27, the objections of the President to the contrary notwithstanding. Under the Constitution, the vote must be taken by the yeas and nays. Further proceedings were postponed until a time to be announced.
  5. Apr 18, 2023Failed of passage in House over veto On passage, the objections of the President to the contrary notwithstanding Failed by the Yeas and Nays: (2/3 required): 227 - 196 (Roll no. 187).
  6. Apr 18, 2023On passage, the objections of the President to the contrary notwithstanding Failed by the Yeas and Nays: (2/3 required): 227 - 196 (Roll no. 187).
  7. Apr 18, 2023Motion to refer the bill and accompanying veto message to the Committee on Transportation and Infrastructure.
  8. Apr 18, 2023On motion to refer the bill and the accompanying veto message to the Committee on Transportation and Infrastructure. Agreed to without objection.
  9. Apr 18, 2023The Chair directed the Clerk to notify the Senate of the action of the House.
  10. Apr 10, 2023The Chair laid before the House the veto message from the President. (text: CR H1715-1716)
  11. Apr 10, 2023The Chair announced that the objections of the President to H.J. Res. 27 would be spread at large upon the Journal and the veto message would be printed as a House document (118-26). Further consideration of the veto message and the resolution, H.J. Res. 27, is postponed until the legislative day of April 18, 2023. Agreed to without objection.
  12. Apr 6, 2023Vetoed by President.
  13. Apr 5, 2023Presented to President.
  14. Mar 30, 2023Message on Senate action sent to the House.
  15. Mar 29, 2023Measure laid before Senate by unanimous consent. (consideration: CR S1017-1024)
  16. Mar 29, 2023Passed/agreed to in Senate: Passed Senate without amendment by Yea-Nay Vote. 53 - 43. Record Vote Number: 79.
  17. Mar 29, 2023Passed Senate without amendment by Yea-Nay Vote. 53 - 43. Record Vote Number: 79.
  18. Mar 14, 2023Received in the Senate, read twice.
  19. Mar 9, 2023Considered under the provisions of rule H. Res. 199. (consideration: CR H1221-1230)
  20. Mar 9, 2023Rule provides for consideration of H.R. 140, H.J.Res. 27 and S. 619. The resolution provides for consideration of H.R. 140, under a structured rule. The resolution provides for consideration of H.J.Res. 27 and S. 619, under closed rules. General debate is limited to one hour of debate on all measures.
  21. Mar 9, 2023DEBATE - The House proceeded with one hour of debate on H.J. Res. 27.
  22. Mar 9, 2023The previous question was ordered pursuant to the rule.
  23. Mar 9, 2023POSTPONED PROCEEDINGS - At the conclusion of debate on H.J. Res. 27, the Chair put the question on passage of the resolution and by voice vote announced that the ayes had prevailed. Mr. Graves (MO) demanded the yeas and nays and the Chair postponed further proceedings on passage until a time to be announced.
  24. Mar 9, 2023Considered as unfinished business. (consideration: CR H1232)
  25. Mar 9, 2023Passed/agreed to in House: On passage Passed by the Yeas and Nays: 227 - 198 (Roll no. 142). (text: CR H1221)
  26. Mar 9, 2023On passage Passed by the Yeas and Nays: 227 - 198 (Roll no. 142). (text: CR H1221)
  27. Mar 9, 2023Motion to reconsider laid on the table Agreed to without objection.
  28. Mar 7, 2023Rules Committee Resolution H. Res. 199 Reported to House. Rule provides for consideration of H.R. 140, H.J. Res. 27 and S. 619. The resolution provides for consideration of H.R. 140, under a structured rule. The resolution provides for consideration of H.J.Res. 27 and S. 619, under closed rules. General debate is limited to one hour of debate on all measures.
  29. Mar 3, 2023Reported by the Committee on Transportation and Infrastructure. H. Rept. 118-6.
  30. Mar 3, 2023Placed on the Union Calendar, Calendar No. 3.
  31. Feb 28, 2023Subcommittee on Water Resources and Environment Discharged.
  32. Feb 28, 2023Committee Consideration and Mark-up Session Held.
  33. Feb 28, 2023Ordered to be Reported by the Yeas and Nays: 30 - 24.
  34. Feb 3, 2023Referred to the Subcommittee on Water Resources and Environment.
  35. Feb 2, 2023Introduced in House
  36. Feb 2, 2023Referred to the House Committee on Transportation and Infrastructure.