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118th Congress Environmental Protection

H.R. 7023: Creating Confidence in Clean Water Permitting Act

Passed HouseMar 21, 2024

  1. Introduced (completed)Jan 17, 2024
  2. Passed House (completed)Mar 21, 2024, 213–205
  3. Passed Senate (not reached)
  4. To the President (not reached)
  5. Became law (not reached)

Summary

Passed House, Mar 21, 2024

This bill modifies requirements under the Clean Water Act, including requirements concerning water quality criteria, the National Pollutant Discharge Elimination System (NPDES) program, the permit program for discharging dredged or fill material into waters of the United States, and the meaning of waters of the United States. It also limits the issuance of permits under the act.

First, the bill directs the Environmental Protection Agency (EPA) to develop any new or revised water quality criteria for states through a rule.

Next, the bill modifies the NPDES program, including by providing statutory authority for provisions that shield NPDES permit holders from liability under certain circumstances. It also provides statutory authority for the EPA to issue general permits under the program. The EPA must also provide written notification two years before the expiration of a general permit. If notice is not provided by that deadline, then discharges under the expired permit may continue until a new permit is issued. Finally, the bill extends the maximum term for NPDES permits issued to states or municipalities from 5 to 10 years.

Read the full summary

Additionally, the bill modifies the permitting program of the EPA and the U.S. Corps of Engineers that regulates the discharge of dredged or fill material into waters of the United States. For example, the bill limits the EPA's veto authority to restrict, prohibit, deny, or withdraw the specification by the Corps of a site for the discharge of dredged or fill material into waters of the United States. The bill also modifies requirements for general permits to discharge dredge or fill material that are issued on a nationwide, regional, or state basis for particular categories of activities, including by extending the maximum term for a general permit from a period of 5 years to 10 years. It also exempts the Corps from certain consultation and environmental review requirements when reissuing nationwide general permits.

Further, the bill also provides statutory authority for the EPA's decision to approve Florida's request to assume permitting authority from the Corps for the discharge of dredged or fill material. The decision, which was issued in 2020, was subsequently vacated in 2024 by the U.S. District Court for the District of Columbia.

The bill also directs the EPA and the Corps to begin a process to issue guidance on the implementation of the 2023 final rule titled Revised Definition of "Waters of the United States"; Conforming and stipulates the guidance must comply with the decision of the Supreme Court in Sackett v. EPA.

Finally, the bill prohibits permits from being issued under Title IV of the Clean Water Act for any discharges from a point source that is owned or operated by certain foreign counties of concern and any subsidiaries of entities that are subject to the jurisdiction of such countries.

Written by the Congressional Research Service, Library of Congress.

Key votes

House final vote, Mar 21, 2024

On Passage

Passed 213–205

Yea 213majority 210Nay 205

  • Democrats2 yea, 204 nay
  • Republicans210 yea, 1 nay
  • Independents1 yea, 0 nay

Broke with their party: H. Griffith (R-VA) voted Nay; Donald Davis (D-NC) and Henry Cuellar (D-TX) voted Yea

See how all 418 members voted

Showing 432 of 432 members

Yea 213

Republicans (210)

Democrats (2) broke with their party

Independents (1)

Nay 205

Republicans (1) broke with their party

Democrats (204)

Not voting 14

Senate

Not yet voted

Passed the House Mar 21, 2024. Awaiting Senate action.

Roll calls

3 votes on this bill

Showing 3 of 3 roll calls

  • Mar 21, 2024HouseOn PassageFinal passagePassed, yea-nay 213–205
    Roll call 101 tally by party
    PartyYeaNayPresentNot voting
    Democrats220407
    Republicans210107
    Independents1000
    Total213205014

    House roll call 101: On Passage. Passed.

    3 crossed party lines: 2 Democrats, 1 Republican

    How each member voted (432)
  • Mar 21, 2024HouseMotion to recommitFailed, yea-nay 205–213
    Roll call 100 tally by party
    PartyYeaNayPresentNot voting
    Democrats205107
    Republicans021106
    Independents0100
    Total205213013

    House roll call 100: On Motion to Recommit. Failed.

    1 crossed party lines: 1 Democrat

    How each member voted (431)
  • Mar 21, 2024HouseH.Amdt. 874, GravesRejected, yea-nay 99–323
    Roll call 99 tally by party
    PartyYeaNayPresentNot voting
    Democrats020808
    Republicans9911407
    Independents0100
    Total99323015

    House roll call 99: On Agreeing to the Amendment. Failed.

    Amendment by Garret Graves (R-LA)

    99 crossed party lines: 99 Republicans

    How each member voted (437)

Amendments

7 offered

Showing 4 of 7 amendments

  • H.Amdt. 874Garret Graves R-LAFailedMar 21, 2024Mar 21, 2024: On agreeing to the Graves (LA) amendment (A007) Failed by recorded vote: 99 - 323 (Roll no. 99).
  • H.Amdt. 873Aaron Bean R-FLAgreedMar 21, 2024Mar 21, 2024: On agreeing to the Bean (FL) amendment (A006) Agreed to by voice vote.
  • H.Amdt. 872John Moolenaar R-MIAgreedMar 21, 2024Mar 21, 2024: On agreeing to the Moolenaar amendment (A005) Agreed to by voice vote.
  • H.Amdt. 871John James R-MIAgreedMar 21, 2024Mar 21, 2024: On agreeing to the James amendment (A004) Agreed to by voice vote.
  • H.Amdt. 870Chrissy Houlahan D-PAAgreedMar 21, 2024Mar 21, 2024: On agreeing to the Houlahan amendment (A003) Agreed to by voice vote.
  • H.Amdt. 869John Garamendi D-CAAgreedMar 21, 2024Mar 21, 2024: On agreeing to the Garamendi amendment (A002) Agreed to by voice vote.
  • H.Amdt. 868Jack Bergman R-MIAgreedMar 21, 2024Mar 21, 2024: On agreeing to the Bergman amendment (A001) Agreed to by voice vote.

Who scored on this bill

802 points earned
  1. 1David Rouzer R-NC SponsorIntroduced, reported, passed House3 events+50
  2. 2Aaron Bean R-FL1 maverick vote; 1 amendment offered, 1 agreed3 events+28
  3. 3Jack Bergman R-MI1 amendment offered, 1 agreed2 events+22
  4. 3John Garamendi D-CA1 amendment offered, 1 agreed2 events+22
  5. 3Chrissy Houlahan D-PA1 amendment offered, 1 agreed2 events+22
See all scorers and every scoring event

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

Other bills by David Rouzer

History

  1. Mar 21, 2024Passed the House, 213–205.
  2. Jan 17, 2024Introduced in the House by David Rouzer.
Show the full action history (32 actions)
  1. Mar 22, 2024Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
  2. Mar 21, 2024Considered under the provisions of rule H. Res. 1085. (consideration: CR H1322-1340; text of amendment in the nature of a substitute: CR H1331-1332)
  3. Mar 21, 2024Rule provides for consideration of H.R. 1023, H.R. 1121, H.R. 6009, H. Con. Res. 86, H. Res. 987 and H.R. 7023. The resolution provides for consideration H.R. 1023, H.R. 1121, H.R. 6009, H. Con. Res. 86, and H. Res. 987 under a closed rule, and H.R. 7023 under a structured rule, each with one hour of general debate. The rule provides for one motion to recommit each on H.R. 1023, H.R. 1121, H.R. 6009, and H.R. 7023.
  4. Mar 21, 2024House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1085 and Rule XVIII.
  5. Mar 21, 2024The Speaker designated the Honorable Daniel Meuser to act as Chairman of the Committee.
  6. Mar 21, 2024GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 7023.
  7. Mar 21, 2024DEBATE - Pursuant to the provisions of H. Res. 1085, the Committee of the Whole proceeded with 10 minutes of debate on the Bergman amendment No. 1.
  8. Mar 21, 2024DEBATE - Pursuant to the provisions of H. Res. 1085, the Committee of the Whole proceeded with 10 minutes of debate on the Garamendi amendment No. 2.
  9. Mar 21, 2024DEBATE - Pursuant to the provisions of H. Res. 1085, the Committee of the Whole proceeded with 10 minutes of debate on the Houlahan amendment No. 3.
  10. Mar 21, 2024DEBATE - Pursuant to the provisions of H. Res. 1085, the Committee of the Whole proceeded with 10 minutes of debate on the James amendment No. 4.
  11. Mar 21, 2024DEBATE - Pursuant to the provisions of H. Res. 1085, the Committee of the Whole proceeded with 10 minutes of debate on the Moolenaar amendment No. 5.
  12. Mar 21, 2024DEBATE - Pursuant to the provisions of H. Res. 1085, the Committee of the Whole proceeded with 10 minutes of debate on the Bean (FL) amendment No. 7.
  13. Mar 21, 2024DEBATE - Pursuant to the provisions of H. Res. 1085, the Committee of the Whole proceeded with 10 minutes of debate on the Graves (LA) amendment No. 8.
  14. Mar 21, 2024The House rose from the Committee of the Whole House on the state of the Union to report H.R. 7023.
  15. Mar 21, 2024The previous question was ordered pursuant to the rule.
  16. Mar 21, 2024The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
  17. Mar 21, 2024Ms. Scholten moved to recommit to the Committee on Transportation and Infrastructure. (text: CR H1328)
  18. Mar 21, 2024On motion to recommit Failed by the Yeas and Nays: 205 - 213 (Roll no. 100).
  19. Mar 21, 2024Passed/agreed to in House: On passage Passed by recorded vote: 213 - 205 (Roll no. 101).
  20. Mar 21, 2024On passage Passed by recorded vote: 213 - 205 (Roll no. 101).
  21. Mar 21, 2024Motion to reconsider laid on the table Agreed to without objection.
  22. Mar 21, 2024The title of the measure was amended. Agreed to without objection.
  23. Mar 20, 2024Rule H. Res. 1085 passed House.
  24. Mar 19, 2024Rules Committee Resolution H. Res. 1085 Reported to House. Rule provides for consideration of H.R. 1023, H.R. 1121, H.R. 6009, H. Con. Res. 86, H. Res. 98and H.R. 7023. The resolution provides for consideration H.R. 1023, H.R. 1121, H.R. 6009, H. Con. Res. 86, and H. Res. 987 under a closed rule, and H.R. 7023 under a structured rule, each with one hour of general debate. The rule provides for one motion to recommit each on H.R. 1023, H.R. 1121, H.R. 6009, and H.R. 7023.
  25. Feb 6, 2024Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 118-375.
  26. Feb 6, 2024Placed on the Union Calendar, Calendar No. 306.
  27. Jan 31, 2024Subcommittee on Water Resources and Environment Discharged
  28. Jan 31, 2024Committee Consideration and Mark-up Session Held
  29. Jan 31, 2024Ordered to be Reported (Amended).
  30. Jan 19, 2024Referred to the Subcommittee on Water Resources and Environment.
  31. Jan 17, 2024Introduced in House
  32. Jan 17, 2024Referred to the House Committee on Transportation and Infrastructure.