Federal Water Quality Protection Act
Introduced Apr 30, 2015 · Last action Nov 3, 2015 — Motion to proceed to consideration of measure withdrawn in Senate. (consideration: CR S7697)
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Summary
This legislation is called the Federal Water Quality Protection Act. Motion to proceed to consideration of measure withdrawn in Senate. (consideration: CR S7697).
Full bill text
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1140 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 1140
To require the Secretary of the Army and the Administrator of the
Environmental Protection Agency to propose a regulation revising the
definition of the term ``waters of the United States'', and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 30, 2015
Mr. Barrasso (for himself, Mr. Donnelly, Mr. Inhofe, Ms. Heitkamp, Mr.
Roberts, Mr. Manchin, Mr. Sullivan, Mr. Rounds, Mr. Blunt, Mr.
McConnell, Mrs. Capito, Mrs. Fischer, and Mr. Hoeven) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To require the Secretary of the Army and the Administrator of the
Environmental Protection Agency to propose a regulation revising the
definition of the term ``waters of the United States'', and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Water Quality Protection
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) in section 101(b) of the Federal Water Pollution
Control Act (33 U.S.C. 1251(b)), Congress adopted the principle
of cooperative federalism, recognizing that ``[i]t is the
policy of the Congress to recognize, preserve, and protect the
primary responsibilities and rights of States to prevent,
reduce, and eliminate pollution, to plan the development and
use (including restoration, preservation, and enhancement) of
land and water resources, and to consult with the Administrator
in the exercise of his authority under this Act'';
(2) adequate consultation with States and local governments
and affected entities is necessary--
(A) to ensure that Federal departments and agencies
understand the scope and impacts of regulatory
proposals;
(B) to maintain the cooperative federalism
foundation of the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.); and
(C) to respect the limits on Federal authority;
(3)(A) States have robust water quality protection programs
capable of greater regulatory controls on waters not covered by
Federal jurisdiction; and
(B) an exclusion of waters from Federal jurisdiction does
not mean that excluded waters will be exempt from regulation
and protection, but rather, it recognizes the limits of Federal
jurisdiction under the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) and the primary role of States in
protecting State waters; and
(4) subchapter II of chapter 5, and chapter 7, of title 5,
United States Code (commonly known as the ``Administrative
Procedure Act''), requires each agency to provide notice and an
opportunity to comment regarding--
(A) information, including scientific and technical
findings, on which the agency relies in taking a
regulatory action; and
(B) definitions, exclusions, and standards that
determine the limits of Federal regulation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Body of water.--The term ``body of water'' means a
traditional navigable water, territorial sea, river, stream,
lake, pond, or wetlands.
(3) Interstate waters.--The term ``interstate waters''
means the water described in section 328.3(a)(2) of title 33,
Code of Federal Regulations (as in effect on the day before the
date of enactment of this Act).
(4) Isolated.--The term ``isolated'', with respect to a
body of water, means the absence of a surface hydrologic
connection to a traditional navigable water.
(5) Municipality.--The term ``municipality'' means a city,
town, borough, county, parish, district, association, or other
public entity that--
(A) was established by, or pursuant to, State law;
and
(B) has authority over the distribution of water or
the disposal of sewage, industrial waste, or any other
waste.
(6) Normal year.--The term ``normal year'' means--
(A) the 30-year hydrologic normal, as that term is
used by the Natural Resources Conservation Service of
the Department of Agriculture, based on data from a
specific geographic area; or
(B) if less than 30 years of data described in
subparagraph (A) are available, the average of the
observed monthly data from a specific geographic area
over the period of record.
(7) Point source.--The term ``point source'' has the
meaning given the term in section 502 of the Federal Water
Pollution Control Act (33 U.S.C. 1362).
(8) Public notice and an opportunity for comment.--
(A) In general.--The term ``public notice and an
opportunity for comment'' means notice and opportunity
for comment that meets the requirements of subchapter
II of chapter 5, and chapter 7, of title 5, United
States Code (commonly known as the ``Administrative
Procedure Act'').
(B) Inclusion.--The term ``public notice and an
opportunity for comment'' includes the opportunity for
public hearings in different geographic regions with
different hydrology, including separate meetings in the
arid West.
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(10) Stream.--The term ``stream'' means a natural channel
formed by the flow of water that has a bed, bank, and ordinary
high water mark (as defined in section 328.3(e) of title 33,
Code of Federal Regulations (as in effect on the date of
enactment of this Act)).
(11) Surface hydrologic connection.--
(A) In general.--The term ``surface hydrologic
connection'' means a continuous surface connection
through which water moves within a body of water or
from 1 body of water to another.
(B) Exclusion.--The term ``surface hydrologic
connection'' does not include--
(i) overland flow of water outside a body
of water (including sheetflow); or
(ii) the movement of water through soil,
subsurface tiles, or a groundwater aquifer.
(C) Determination of continuousness.--For purposes
of this paragraph, a surface hydrologic connection
shall be considered to be continuous if the connection
is continuous, regardless of whether--
(i) water is not always present; and
(ii) there is a break in the ordinary high
water mark of a stream that is unrelated to the
flow regime of the stream, including a break
caused by a culvert, pipe, dam, or by the flow
of the stream underground for a short distance,
such as through a cave.
(12) Traditional navigable water.--The term ``traditional
navigable water'' means the water described in section
328.3(a)(1) of title 33, Code of Federal Regulations (as in
effect on the date of enactment of this Act).
(13) Wetlands.--The term ``wetlands'' has the meaning given
the term in section 328.3(b) of title 33, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
SEC. 4. REVISED DEFINITION; PRINCIPLES AND PROCESS.
(a) Revised Definition.--A revision to or guidance on a regulatory
definition of the term ``navigable waters'' or ``waters of the United
States'' promulgated or issued pursuant to the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.) after February 4, 2015, shall have
no force or effect--
(1) unless the revision adheres to the principles under
subsection (b); and
(2) until after the Secretary and the Administrator carry
out each action described in subsection (c).
(b) Principles.--In promulgating a revised regulatory definition
pursuant to this subsection, the Secretary and the Administrator shall
adhere to the following principles:
(1) The Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) is an Act to protect traditional navigable waters from
water pollution.
(2) The term ``waters of the United States'' under the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)
should identify bodies of water subject to Federal
jurisdiction, and, except as provided in paragraph (3), should
include--
(A) traditional navigable waters and interstate
waters;
(B) the reach of a stream that is--
(i) identified on 1 or more maps created
using the United States Geological Survey
National Hydrology Dataset Plus at the
1:100,000 scale from Reach Address Database
Version 3.1, consistent with the scale and
reach address database used by the
Administrator during July 2009, in conjunction
with information on drinking water source
protection areas, to identify potential sources
of water for public drinking water systems; or
(ii) for any State for which a map at the
scale described in clause (i) is not available,
identified on a map using the United States
Geological Survey National Hydrology Dataset
Plus at the available scale that is closest to
the scale described in clause (i);
(C) the reach of a stream that, through a surface
hydrologic connection, contributes flow in a normal
year to a traditional navigable water of sufficient
volume, duration, and frequency that pollutants in that
reach would degrade the water quality of the
traditional navigable water, based on a quantifiable
and statistically valid measure of flow for that
geographic area; and
(D) wetlands situated next to a water of the United
States that, in a normal year, protect the water
quality of a navigable water by preventing the movement
of pollutants to a navigable water.
(3) The term ``waters of the United States'' under the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)
should not include--
(A) water that is located below the surface of the
land, including soil water and groundwater;
(B) water that is not located within a body of
water;
(C) an isolated pond, whether natural or manmade,
including a farm pond, fish pond, quarry, mine pit,
ornamental pond, swimming pool, construction pit, fire
control pond, sediment pond, and any other isolated
facility or system that holds water;
(D) a system constructed or used for the purpose of
collecting, conveying, holding, or treating--
(i) stormwater or floodwater within the
boundaries of a State, tribal, municipal,
industrial, agricultural, silvicultural,
residential, or Federal facility or operation,
including ditches along agricultural fields,
roads, runways, parking lots, and other
infrastructure;
(ii) wastewater within the boundaries of a
State, tribal, municipal, industrial,
commercial, agricultural, silvicultural,
residential, or Federal facility or operation;
(iii) municipal and industrial water
supplies within the boundaries of a State,
tribal, municipal, industrial, commercial,
agricultural, silvicultural, residential, or
Federal facility or operation--
(I) including spreading basins for
aquifer storage and recovery or aquifer
recharge and recovery; but
(II) not including instream
reservoirs or other instream
facilities; or
(iv) water for agricultural or
silvicultural purposes by a municipality or at
an agricultural or silvicultural facility or
operation, including irrigation water, a fish
production pond, livestock watering pond,
irrigated field, cranberry growing field, rice
production field, manure lagoon, and farm pond;
(E) the reach of a stream that, through a surface
hydrologic connection, does not contribute flow in a
normal year to a traditional navigable water of
sufficient volume, duration, and frequency that
pollutants in that reach would degrade the water
quality of the traditional navigable water, based on a
quantifiable and statistically valid measure of flow
for that geographic area;
(F) prior-converted cropland (as defined in section
12.2(a) of title 7, Code of Federal Regulations (as in
effect on the date of enactment of this Act)); and
(G) any water that is no longer a water of the
United States pursuant to a permit issued under--
(i) section 10 of the Act of March 3, 1899
(commonly known as the ``Rivers and Harbors
Appropriation Act of 1899'') (33 U.S.C. 403);
or
(ii) section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344).
(4) Unless a subparagraph of paragraph (3) other than
subparagraph (D) applies, for purposes of the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.), the term
``waters of the United States'' should include a system
described in paragraph (3)(D), or a component of such a system,
if the Secretary or the Administrator demonstrates that--
(A) the system was a water of the United States
that was converted for use for the purpose described in
paragraph (3)(D) after October 18, 1972, without a
permit under section 404 of that Act (33 U.S.C. 1344),
unless the construction or use of the system--
(i) is described in subparagraph (A) or (C)
of section 404(f)(1) of that Act (33 U.S.C.
1344(f)(1)); or
(ii) was otherwise exempt from permitting
under that Act; or
(B) the system was a traditional navigable water
that was converted for use for the purpose described in
paragraph (3)(D), unless--
(i) the system is identified as a point
source in a permit issued under section 402 of
the Federal Water Pollution Control Act (33
U.S.C. 1342);
(ii) the water managed in the system is--
(I) irrigation return flow exempt
from permitting under section 402(l)(1)
of that Act (33 U.S.C. 1342(l)(1)); or
(II) agricultural stormwater or
return flows from irrigated agriculture
exempt from permitting under section
502(14) of that Act (33 U.S.C.
1362(14));
(iii) the construction or use of the system
is described in subparagraph (A) or (C) of
section 404(f)(1) of that Act (33 U.S.C.
1344(f)(1)); or
(iv) the system is a waste treatment
system.
(5) In promulgating a revised definition of waters of the
United States, the Secretary or the Administrator shall take
into consideration that--
(A) the use of a body of water by an organism,
including a migratory bird, does not provide a basis
for establishing Federal jurisdiction under the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.);
(B) the supply of water to a groundwater aquifer
and the storage of water in an isolated body of water
are issues that--
(i) pertain to the use of water resources
that shall not be superseded, abrogated, or
otherwise impaired by the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.)
pursuant to sections 101(g) and 510(2) of that
Act (33 U.S.C. 1251(g), 1370(2)); and
(ii) do not provide a basis for
establishing Federal jurisdiction under that
Act (33 U.S.C. 1251 et seq.); and
(C) evaporation, transpiration, condensation,
precipitation, the overland flow of water, and the
movement of water in an aquifer are all part of the
water cycle and may connect all water over sufficiently
long periods of time and distances, but do not provide
a basis for establishing Federal jurisdiction under the
Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.).
(6) Waters that are waters of the United States should be
identified on maps provided by the Secretary and the
Administrator to promote certainty and transparency in
jurisdictional determinations.
(c) Consideration, Consultation, and Report.--
(1) Consideration of public comments.--Before issuing a
proposed regulation pursuant to subsection (a), the Secretary
and the Administrator shall make available to the public,
review, and publish a response to comments filed regarding the
proposed rule entitled ``Definition of `Waters of the United
States' Under the Clean Water Act'' of the Corps of Engineers
and the Environmental Protection Agency (79 Fed. Reg. 22188
(April 21, 2014)).
(2) Federalism.--
(A) In general.--In proposing and promulgating a
regulation pursuant to subsection (a), the Secretary
and the Administrator shall ensure compliance with the
federalism policymaking criteria and consultation in
accordance with Executive Order 13132 (64 Fed. Reg.
43255 (August 4, 1999)), regardless of whether the
Secretary and the Administrator determine that the
regulation would have any substantial and direct effect
on--
(i) States;
(ii) the relationship between the Federal
Government and the States; or
(iii) the distribution of power and
responsibilities among the various levels of
government.
(B) Consultation.--
(i) In general.--To be considered
meaningful consultation described in section
101(b) of the Federal Water Pollution Control
Act (33 U.S.C. 1251(b)), before publication of
a proposed rule under this section,
consultation shall include a discussion of
alternative approaches with and a request for
input and advice on the approaches from States,
including--
(I) Governors;
(II) State departments with
authority over water supply and water
quality;
(III) State departments of
agriculture; and
(IV) local governments, including
elected officials, local governmental
entities with authority over water
supply, stormwater, waste water, and
flood control, irrigation districts,
and conservation districts.
(ii) Topics.--The topics to be addressed in
the consultation under this paragraph should
include--
(I) categories of waters, in
addition to those discussed in
paragraphs (2) and (3) of subsection
(b), that should be subject to Federal
jurisdiction or should be subject
solely to State regulation;
(II) what is the role of States in
the identification of waters subject to
Federal jurisdiction; and
(III) whether channels in which
water is present only during or for a
short time after a precipitation event
are correctly categorized as
geomorphological features rather than
hydrologic features.
(3) Regulatory flexibility.--In proposing and promulgating
a regulation pursuant to subsection (a), and regardless of
whether the Secretary and the Administrator determine that the
regulation would have a significant impact on a substantial
number of small entities, the Secretary and the Administrator
shall--
(A) carry out the actions described in sections
603, 604, and 609 of title 5, United States Code; and
(B) in carrying out those actions, take into
consideration the costs of all programs under the
Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), regardless of whether the Secretary and the
Administrator consider the costs of the proposed
regulation to be direct or indirect.
(4) Unfunded mandates.--In proposing and promulgating a
regulation pursuant to subsection (a), the Secretary and the
Administrator shall evaluate the intergovernmental and private
sector impacts of the regulation, in accordance with title II
of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531 et
seq.), regardless of whether the Secretary and the
Administrator--
(A) consider the impacts of the proposed regulation
to be direct or indirect; or
(B) determine that expenditures resulting from the
proposed regulation would meet the monetary thresholds
established in that Act (2 U.S.C. 1501 et seq.).
(5) Improving regulation and regulatory review.--In
proposing and promulgating a regulation pursuant to subsection
(a), regardless of whether the Secretary and the Administrator
consider the regulation to be a significant regulatory action
or significantly affect State, local, and tribal governments,
the Secretary and the Administrator shall ensure that the
regulation meets the requirements of--
(A) Executive Order 12866 (5 U.S.C. 601 note;
relating to regulatory planning and review); and
(B) Executive Order 13563 (76 Fed. Reg. 3821
(January 18, 2011)).
(6) Improving performance of federal permitting and review
of infrastructure projects.--In proposing and promulgating a
regulation pursuant to subsection (a), the Secretary and the
Administrator shall consider--
(A) Executive Order 13604 (5 U.S.C. 601 note;
relating to improving performance of Federal permitting
and review of infrastructure projects); and
(B) the goal of reducing the time to make decisions
in the permitting and review of infrastructure projects
by the Federal Government.
(7) Report.--Not later than the date that is 30 days before
the date of issuance of a proposed regulation pursuant to
subsection (a), the Secretary and the Administrator shall
submit to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report that--
(A) describes the means by which the proposed
regulation, if finalized, would achieve compliance
with--
(i) Executive Order 12866 (5 U.S.C. 601
note; relating to regulatory planning and
review), including the means by which--
(I) the regulation would impose the
least burden on society, consistent
with obtaining regulatory objectives,
taking into account, among other
things, and to the maximum extent
practicable, the costs of cumulative
regulations; and
(II) the Secretary and the
Administrator identified and assessed
available alternatives to direct
regulation;
(ii) section 2(i) of Executive Order 13132
(64 Fed. Reg. 43256 (August 4, 1999)), which
requires agencies to ``act only with the
greatest caution where State or local
governments have identified uncertainties
regarding the constitutional or statutory
authority of the national government'';
(iii) section 3 of that Executive order (64
Fed. Reg. 43256 (August 4, 1999)), which
requires agencies--
(I) to strictly adhere to
constitutional principles and statutory
authority;
(II) to take action limiting the
policymaking discretion of the States
only in cases in which there exists
constitutional and statutory authority
for the action;
(III) to provide States with
maximum administrative discretion
practicable, without intrusive Federal
oversight; and
(IV) to rely on State policies to
the maximum extent practicable; and
(iv) Executive Order 13563 (76 Fed. Reg.
3821 (January 18, 2011)), including the public
participation requirements of section 2 of that
Executive order, which require an opportunity
for public comment regarding all pertinent
parts of the rulemaking docket, including
relevant scientific and technical findings and
seeking the views of those who are likely to be
affected before issuing a notice of proposed
rulemaking;
(B) includes the Federalism summary impact
statement required by section 3 of Executive Order
13132 (64 Fed. Reg. 43256 (August 4, 1999));
(C) includes the regulatory flexibility analyses
required under section 603 of title 5, United States
Code, and the report of the review panel required under
section 609 of that title;
(D) describes the small government agency plan, and
the State, local, and tribal input under sections 203
and 204 of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1533, 1534);
(E) describes the means by which the proposed
regulation is the least costly, most cost-effective, or
least burdensome alternative, in accordance with
section 205 of the Unfunded Mandates Reform Act of 1995
(2 U.S.C. 1535);
(F) describes whether the Secretary and the
Administrator will provide funding to State, local, and
tribal governments to meet the intergovernmental
mandates imposed by the proposed regulation; and
(G) describes how the proposed rule will achieve
the goal stated in section 1 of Executive Order 13604
(5 U.S.C. 601 note; relating to improving performance
of Federal permitting and review of infrastructure
projects) that the time to make decisions in the
permitting and review of infrastructure projects by the
Federal Government be reduced.
(8) Timing.--In carrying out this section, the Secretary
and the Administrator shall use best efforts--
(A) to provide not less than 180 days for the
consultation described in paragraph (2);
(B) to provide a comment period on the revised
proposed rule of not less than 120 days; and
(C) to publish a final rule not later than December
31, 2016.
SEC. 5. MEASURE OF FLOW.
After providing public notice and an opportunity for comment, the
Secretary shall establish quantifiable and statistically valid measures
of the volume, duration, and frequency of flow in streams in different
geographic areas that would, in a normal year, allow pollutants in
reaches of streams in those geographic areas to flow to and degrade the
water quality of a traditional navigable water.
SEC. 6. REPORT TO CONGRESS.
Not later than the date that is 3 years after the date of
promulgation of a regulation pursuant to section 4, and not less
frequently than once every 3 years thereafter, the Comptroller General
of the United States, after consultation with State, local, and tribal
governments and other affected entities, shall--
(1) review the jurisdictional determinations made during
the applicable period by the Secretary and the Administrator;
and
(2) submit to Congress a report that describes--
(A) the interpretations of the regulation by--
(i) districts of the Corps of Engineers;
and
(ii) regional offices of the Environmental
Protection Agency;
(B) whether those interpretations are consistent;
(C) if any inconsistency exists, the measures
carried out by the Secretary and the Administrator to
reduce the inconsistency or an explanation of the
geographic differences that make the inconsistency
appropriate; and
(D) the impacts of those interpretations on Federal
permitting and review of infrastructure projects, and
the goal stated in section 1 of Executive Order 13604
(5 U.S.C. 601 note; relating to improving performance
of Federal permitting and review of infrastructure
projects) that the time to make decisions in the
permitting and review of infrastructure projects by the
Federal Government be reduced.
SEC. 7. EFFECT OF ACT.
(a) Permitting Authority.--Nothing in this Act limits the authority
of the Secretary or the Administrator--
(1) to require a permit for any discharge of pollutants to
a navigable water under the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.); or
(2) to take any enforcement action with respect to an
unpermitted discharge under that Act.
(b) Water Transfers.--Nothing in this Act affects a determination
regarding whether the transfer of water from 1 body of water to another
requires a permit under section 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1342).
(c) Retention of State Authority.--Nothing in this Act places any
limitation on the scope of water subject to State jurisdiction under
State law.
<all>Official legislative text sourced from the public record (cached on CivicsHQ).
Official source
View the original bill, actions, and full legislative record on Congress.gov.
Status
In Committee
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
Timeline reflects current normalized status only. Full action history is not yet stored in the API.
Sponsors
- Sen. Barrasso, John [R-WY]RSenateWY
Cosponsors
- Rep. Crapo, Mike [R-ID-2]
- Rep. Graham, Lindsey [R-SC-3]
- Rep. Wicker, Roger F. [R-MS-1]
- Sen. Alexander, Lamar [R-TN]
- Sen. Blunt, Roy [R-MO]
- Sen. Boozman, John [R-AR]
- Sen. Capito, Shelley Moore [R-WV]
- Sen. Cassidy, Bill [R-LA]
- Sen. Coats, Daniel [R-IN]
- Sen. Cochran, Thad [R-MS]
- Sen. Corker, Bob [R-TN]
- Sen. Cornyn, John [R-TX]
- Sen. Cotton, Tom [R-AR]
- Sen. Cruz, Ted [R-TX]
- Sen. Daines, Steve [R-MT]
- Sen. Donnelly, Joe [D-IN]
- Sen. Enzi, Michael B. [R-WY]
- Sen. Ernst, Joni [R-IA]
- Sen. Fischer, Deb [R-NE]
- Sen. Flake, Jeff [R-AZ]
- Sen. Grassley, Chuck [R-IA]
- Sen. Hatch, Orrin G. [R-UT]
- Sen. Heitkamp, Heidi [D-ND]
- Sen. Heller, Dean [R-NV]
- Sen. Hoeven, John [R-ND]
- Sen. Inhofe, James M. [R-OK]
- Sen. Isakson, Johnny [R-GA]
- Sen. Johnson, Ron [R-WI]
- Sen. Kirk, Mark Steven [R-IL]
- Sen. Lankford, James [R-OK]
- Sen. Lee, Mike [R-UT]
- Sen. Manchin, Joe, III [D-WV]
- Sen. McCain, John [R-AZ]
- Sen. McCaskill, Claire [D-MO]
- Sen. McConnell, Mitch [R-KY]
- Sen. Moran, Jerry [R-KS]
- Sen. Murkowski, Lisa [R-AK]
- Sen. Perdue, David [R-GA]
- Sen. Risch, James E. [R-ID]
- Sen. Roberts, Pat [R-KS]
- Sen. Rounds, Mike [R-SD]
- Sen. Sasse, Ben [R-NE]
- Sen. Scott, Tim [R-SC]
- Sen. Shelby, Richard C. [D-AL]
- Sen. Sullivan, Dan [R-AK]
- Sen. Thune, John [R-SD]
- Sen. Tillis, Thomas [R-NC]
- Sen. Vitter, David [R-LA]
Votes
Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 57 - 41. Record Vote Number: 295. (consideration: CR S7697; text: CR S7697)
Vote totals recorded, but member positions were not captured.