Providing for Consideration of H.R. Energy and Water Development and Related Agencies Appropriations Act, 2017

Floor Speech

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Mr. NEWHOUSE. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 743 and ask for its immediate consideration.

The Clerk read the resolution, as follows: H. Res. 743

Resolved, That (a) 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 consideration of the bill (H.R. 5055) making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2017, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations. After general debate the bill shall be considered for amendment under the five-minute rule. Points of order against provisions in the bill for failure to comply with clause 2 of rule XXI are waived. (b) During consideration of the bill for amendment--

(1) each amendment, other than amendments provided for in paragraph (2), shall be debatable for 10 minutes equally divided and controlled by the proponent and an opponent;

(2) no pro forma amendment shall be in order except that the chair and ranking minority member of the Committee on Appropriations or their respective designees may offer up to 10 pro forma amendments each at any point for the purpose of debate; and

(3) the chair of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII. Amendments so printed shall be considered as read.

(c) When the committee rises and reports the bill back to the House with a recommendation that the bill do pass, 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. Section 508 of H.R. 5055 shall be considered to be a spending reduction account for purposes of section 3(d) of House Resolution 5.

Sec. 3. During consideration of H.R. 5055 pursuant to this resolution, section 3304 of Senate Concurrent Resolution 11 shall not apply.

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Mr. NEWHOUSE. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentlewoman from New York (Ms. Slaughter), a good friend of mine from the Rules Committee, pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only. General Leave
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Mr. NEWHOUSE. Mr. Speaker, on Monday, the Rules Committee met and reported a rule, House Resolution 743, providing for consideration of an important piece of legislation, H.R. 5055, the fiscal year 2017 Energy and Water Development Appropriations bill. The rule provides for the consideration of H.R. 5055 under a modified open rule, allowing for consideration of all amendments that are germane to the bill and conform to House rules.

Mr. Speaker, the fiscal year 2017 Energy and Water Development bill appropriates annual funding for national defense nuclear weapons activities, the Army Corps of Engineers, various programs under DOE, and other related agencies.

Over the past few years, we have seen increasing threats to our national security, historic droughts in many regions of the United States, the importance of water, and the need for greater energy security and independence. This legislation addresses all of these issues, as well as many others, and invests in efforts to promote a more secure and prosperous future for our Nation.

With ever-changing global security threats from Russia and Iran to terrorist groups like ISIL and al Qaeda, national security continues-- as well it should--to be a top concern for many Americans. Now it is more vital than ever that the U.S. maintain our nuclear security preparedness, and this legislation takes important steps to ensure our nuclear weapons stockpile is modern, secure, stable, and available. It provides a total of $12.9 billion for DOE's nuclear weapons security programs. That is a $327 million increase above the 2016 level. And this funding will uphold the Nation's nuclear deterrence posture, maintain the safety and the readiness of our weapons stockpile, and allow the U.S. to meet any nuclear threat.

Mr. Speaker, H.R. 5055 also addresses the need for reliable water resources. As we have seen from the severe droughts that have impacted many Western States, accessibility to safe and adequate water resources is critical to our local communities. In my home State of Washington, we have seen historic droughts over the past few years, with serious water supply shortages that have impacted the agriculture, energy, and manufacturing sectors as well as many families and small businesses that rely on an adequate and stable supply of water.

Additionally, Washington and much of the Western United States have experienced catastrophic wildfire seasons over the last 2 years, with Washington enduring back-to-back years of record-setting fires which have been fueled by a lack of rainfall and extremely arid conditions. This legislation contains funds for the Department of the Interior and the Bureau of Reclamation to help manage, develop, and protect the water resources of Western States. Further, the measure includes several new provisions to help Western communities by providing relief from the onerous and excessive Federal regulations that have exacerbated this situation.

Energy independence is paramount to the future of our country, and the fiscal year 2017 Energy and Water Development bill invests in an all-of-the-above energy strategy in order to promote a more secure and prosperous future for our Nation. Under the legislation, funding is allocated for DOE energy programs, and the bill prioritizes and increases funding for the programs that encourage U.S. economic competitiveness and help advance the goal of greater domestic energy production and security.

This bill provides funds for research and development to advance coal, natural gas, oil, and other fossil energy technologies which will help the U.S. make better use of our rich national energy resources and help keep energy costs low. Additionally, nuclear energy research, development, and demonstration activities are increased.

Mr. Speaker, while this bill includes funding for many activities that are critical to our country's future, it also appropriates funds to address an important issue from our past, and that is the cleanup of our country's defense nuclear sites that supported our previous nuclear weapons production. These sites played a critical part in our country's ability to win World War II as well as the cold war by producing the basic and complex materials used in the fabrication of nuclear weapons.

It just happens that the largest of these sites is the Hanford Nuclear Reservation, which is located in my central Washington State district. It produced plutonium for nuclear weapons development both during and after World War II. There are many similar sites across the country where the Federal Government has a moral and a legal obligation to clean up the remaining contaminated facilities and hazardous nuclear waste.

A key component of our defense environmental cleanup efforts is the availability of a viable nuclear repository where this waste can be stored. As you know, Mr. Speaker, Yucca Mountain is the country's only legal and permanent nuclear repository, though for years there have been efforts to kill the use of this site, efforts that would hinder defense nuclear cleanup for decades and would waste the Federal Government's $15 billion investment in this repository. This legislation continues congressional efforts to support Yucca Mountain by providing funding for the nuclear waste disposal program and funds for the Nuclear Regulatory Commission to continue the adjudication of DOE's Yucca Mountain license application. Additionally, the bill denies the administration's funding proposals for non-Yucca nuclear waste activities.

Another component of this measure is strong support for our national laboratories, such as the Pacific Northwest National Laboratory located in Washington's Fourth Congressional District. These labs perform critical research on cybersecurity, develop high-performance computing systems, and advance the next generation of energy sources which lay the groundwork for a more secure energy future, helping to reduce the Nation's dependence on foreign energy and ensuring continued economic growth.

Finally, H.R. 5055 includes many conservative policy priorities that are critical to combating the administration's efforts to undermine economic growth through excessive and burdensome regulations. The bill effectively prohibits the EPA and the Corps from implementing the waters of the United States rule and any changes to Federal jurisdiction under the Clean Water Act. It also restricts the application of the Clean Water Act in certain agricultural areas. There is also language prohibiting the administration from changing the definition of ``fill material'' and ``discharge fill material.'' From the beginning, the WOTUS rule has been an unprecedented Federal power grab that expands Federal regulation over ponds, over streams, and over irrigation ditches in the middle of cropland, giving the EPA unprecedented say over what farmers can or cannot do with their land. This bill takes the important step of prohibiting funding for the implementation of this deeply misguided rule which would have devastating economic consequences for farmers, for ranchers, for small businesses, and for communities across our country.

Additionally, the legislation protects Americans' constitutional Second Amendment rights by including language that allows law-abiding Americans to possess firearms on Army Corps of Engineers public lands. In places in my district, these public lands are used heavily by the community.

The bill includes language that I offered along with Congressman Gosar of Arizona to prevent the removal of any Federal dams, protecting the critical flood control and the hydropower benefits provided by these facilities. Hydropower is a key resource throughout the West, and we must prevent misguided attempts to shut down these dams.

Finally, it continues a restriction from fiscal year 2016 to prevent any funds from being used to start or enter into any new nuclear nonproliferation contracts or agreements with Russia.

Mr. Speaker, this is a good rule that provides for the consideration of H.R. 5055, the fiscal year 2017 Energy and Water Development Appropriations Act.

This is a responsible measure that supports the U.S. national security, safety, and economic competitiveness; advances an all-of-the- above energy strategy; and makes strategic investments in infrastructure and water resources projects--balancing these critical priorities while still maintaining tight budget caps. These efforts will help promote a more secure and prosperous future for our Nation, which is why I urge all of my colleagues to support the rule and support the underlying bill.

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Mr. NEWHOUSE. Mr. Speaker, I just wanted to agree with the gentlewoman from New York. I certainly, too, appreciate the bipartisan effort that was put into this bill on the part of both Chairman Simpson as well as Ranking Member Kaptur. They did an excellent job, which is illustrated in both the committee and the subcommittee. This legislation passed on a voice vote. That is a demonstration of great bipartisan support, and certainly speaks well to this committee doing excellent work together.

I do want to thank the gentlewoman from New York for her comments as they relate to the moral and legal obligation of the Federal Government to continue the nuclear waste cleanup that we have all over this country.

And then the gentlewoman from Nevada certainly has voiced some concerns that we have heard before that are important to the people in the State of Nevada.

Let me just remind everyone that we are under a modified open rule. If there are changes to this bill, every Member in this body has an opportunity to provide amendments to this bill. Under a modified open rule, everything is on the table. If that is something that she can get the support of the majority of the people on this floor, then that is certainly something that she can take out of this bill.

But I have another opinion, another viewpoint. I have been to Yucca Mountain. I don't know that there is a perfect place in the universe to store nuclear waste, but Yucca Mountain, to me, seems to be about as close to perfect as you can find. In that mountain, we have 1,000 feet of rock above where the waste would be stored, and you have 1,000 feet of rock below where that storage situation would be. And I should remind the body that Yucca Mountain is the country's only legal and permanent nuclear repository. It is for both commercial as well as defense waste, and it is a critical component of our efforts to clean up the defense nuclear waste created during and after World War II.

While I appreciate the gentlewoman's differing opinion, she does have the opportunity to offer amendments, and I would encourage her to do that.

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Mr. NEWHOUSE. Mr. Speaker, I would just inquire of the gentlewoman from New York if she has any further speakers.

I thank the good gentlewoman from New York.

Mr. Speaker, the rule we have considered provides for the consideration of a very important piece of legislation that will protect our country from security threats; that will ensure we have a modern, safe, and reliable U.S. nuclear weapons program; that will promote an all-of-the-above energy strategy; and that will make critical investments in water resources and infrastructure projects. The funds appropriated for national security needs, improvements in our Nation's infrastructure, domestic energy development, and growing our economy will benefit all Americans.

This bill is a responsible measure that supports U.S. national security, energy research, water resource development, and economic competitiveness, balancing these critical priorities while maintaining tight budget caps.

In the current fiscal climate, where our national debt is approaching a staggering $20 trillion, many difficult decisions had to be made by the committee in drafting this measure, and I believe we have a bill that preserves fiscal responsibility, advances sound conservative and progrowth economic policies, and prioritizes funding for our country's most pressing needs.

The past few years have seen the U.S. face growing security threats abroad, highlighting the need to keep our country at the pinnacle of nuclear security preparedness as well as the importance of investing in domestic energy production that takes much-needed steps towards energy independence.

In the Western United States, Americans have endured severe droughts and catastrophic wildfires, which have drastically restricted the availability of water and have devastated ground infrastructure. This legislation addresses these issues as well as many others, and it invests in efforts to promote a more secure and prosperous future for our Nation.

Mr. Speaker, the 2017 Energy and Water Development and Related Agencies Appropriations Act also includes much-needed conservative reforms and policies to counter the administration's issuance of one crippling regulation after another, hindering our domestic energy development and security and undermining overall economic growth.

H.R. 5055 prohibits the EPA and the Army Corps from implementing the excessive WOTUS rule, which would vastly expand Federal jurisdiction over our water resources. It prevents any changes to Federal authority under the Clean Water Act and impedes efforts to apply the Clean Water Act in certain agricultural areas, such as farm ponds and irrigation ditches.

The legislation blocks efforts to remove Federal dams, and it protects Americans' Second Amendment rights by allowing for the possession of firearms on Army Corps lands. Finally, it continues a policy from last year that restricts any funds from being used to enter into any new nuclear nonproliferation contracts or agreements with Russia.

Mr. Speaker, this bill responsibly funds infrastructure, water, and defense programs that are critical to our national security, to our safety, and to our economic competitiveness, all while making tough choices to ensure that taxpayers' funds are spent wisely.

I urge my colleagues to support the rule's adoption and invest in a secure and prosperous future for our country by passing the 2017 Energy and Water Development and Related Agencies Appropriations Act.

The material previously referred to by Ms. Slaughter is as follows: An Amendment to H. Res. 743 Offered by Ms. Slaughter of New York

At the end of the resolution, add the following new sections:

Sec. 4. Immediately upon adoption of this resolution the Speaker shall, 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 consideration of the bill (H.R. 4479) to provide emergency assistance related to the Flint water crisis, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce. After general debate the bill shall be considered for amendment under the five-minute rule. All points of order against provisions in the bill are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. 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. If the Committee of the Whole rises and reports that it has come to no resolution on the bill, then on the next legislative day the House shall, immediately after the third daily order of business under clause 1 of rule XIV, resolve into the Committee of the Whole for further consideration of the bill:

Sec. 5. Clause 1(c) of rule XIX shall not apply to the consideration of H.R. 4479. The Vote on the Previous Question: What It Really Means

This vote, the vote on whether to order the previous question on a special rule, is not merely a procedural vote. A vote against ordering the previous question is a vote against the Republican majority agenda and a vote to allow the Democratic minority to offer an alternative plan. It is a vote about what the House should be debating.

Mr. Clarence Cannon's Precedents of the House of Representatives (VI, 308-311), describes the vote on the previous question on the rule as ``a motion to direct or control the consideration of the subject before the House being made by the Member in charge.'' To defeat the previous question is to give the opposition a chance to decide the subject before the House. Cannon cites the Speaker's ruling of January 13, 1920, to the effect that ``the refusal of the House to sustain the demand for the previous question passes the control of the resolution to the opposition'' in order to offer an amendment. On March 15, 1909, a member of the majority party offered a rule resolution. The House defeated the previous question and a member of the opposition rose to a parliamentary inquiry, asking who was entitled to recognition. Speaker Joseph G. Cannon (R-Illinois) said: ``The previous question having been refused, the gentleman from New York, Mr. Fitzgerald, who had asked the gentleman to yield to him for an amendment, is entitled to the first recognition.''

The Republican majority may say ``the vote on the previous question is simply a vote on whether to proceed to an immediate vote on adopting the resolution . . . [and] has no substantive legislative or policy implications whatsoever.'' But that is not what they have always said. Listen to the Republican Leadership Manual on the Legislative Process in the United States House of Representatives, (6th edition, page 135). Here's how the Republicans describe the previous question vote in their own manual: ``Although it is generally not possible to amend the rule because the majority Member controlling the time will not yield for the purpose of offering an amendment, the same result may be achieved by voting down the previous question on the rule . . . When the motion for the previous question is defeated, control of the time passes to the Member who led the opposition to ordering the previous question. That Member, because he then controls the time, may offer an amendment to the rule, or yield for the purpose of amendment.''

In Deschler's Procedure in the U.S. It is one of the only available tools for those who oppose the Republican majority's agenda and allows those with alternative views the opportunity to offer an alternative plan.
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