H.R. 1149House113th Congress (2013-2015)In Committee

WAVE4 Act

Introduced March 14, 2013

Legislative Activity

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3 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Trade.

April 11, 2013

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HouseIntro Referral

Introduced in House

March 14, 2013

HouseIntro Referral

Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

March 14, 2013

HouseCommittee

Referred to the Subcommittee on Water Resources and Environment.

March 15, 2013

HouseCommittee

Referred to the Subcommittee on Trade.

April 11, 2013

Floor Debate

24 members

What members said about H.R. 1149 on the floor

10 Republicans14 Democrats
Bill Shuster
Rep. Bill ShusterR-PA-9 · Oct 23, 2013

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on H.R. 3080. Mr. Chairman, I yield myself such time…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Oct 23, 2013

I thank the distinguished gentleman from Florida, the manager, for yielding the time. He knows how important this whole bill is to the Texas gulf region. Mr. Speaker, let me say that there are many…

Daniel Webster
Rep. Daniel WebsterR-FL-10 · Oct 23, 2013

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 385 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Nick J. Rahall II
Rep. Nick J. Rahall IID-WV-3 · Oct 23, 2013

I yield myself such time as I may consume. (Mr. RAHALL asked and was given permission to revise and extend his remarks.) Mr. Chairman, I am pleased to rise today in support of H.R. 1380, the Water…

Alcee L. Hastings
Rep. Alcee L. HastingsD-FL-20 · Oct 23, 2013

Mr. Speaker, I thank the gentleman from Florida for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, I rise today and agree with everything that my…

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Bob Gibbs
Rep. Bob GibbsR-OH-7 · Oct 23, 2013

Mr. Chairman, now is the time for the Congress to reengage in the development of the Nation's water resources and play a bigger role in prioritizing projects and activities carried out by the Army…

Peter A. DeFazio
Rep. Peter A. DeFazioD-OR-4 · Oct 23, 2013

I thank the gentleman from West Virginia (Mr. Rahall), the ranking member, and I thank my colleague from Pennsylvania (Mr. Shuster), the chairman, as well as the subcommittee chair and ranking…

Eddie Bernice Johnson
Rep. Eddie Bernice JohnsonD-TX-30 · Oct 23, 2013

Mr. Chairman, I rise in support of H.R. 3080 and want to express my appreciation to the committee leadership, both the chairmen and ranking members of both the full committee and the subcommittee. As…

Daniel Lipinski
Rep. Daniel LipinskiD-IL-3 · Oct 23, 2013

Mr. Chairman, I thank the gentleman from West Virginia for yielding. I rise today in strong support and as a cosponsor of WRRDA. This bill shows that the T&I Committee is working together, finding…

Charles W. Boustany, Jr.
Rep. Charles W. Boustany, Jr.R-LA-3 · Oct 23, 2013

Mr. Chair, I rise today to express my frustration. For many of us, the 2007 WRDA bill included the authorization for critical projects in our districts. Since the passage of that bill, the Army Corps…

Dina Titus
Rep. Dina TitusD-NV-1 · Oct 23, 2013

I thank the gentleman. I would like to thank the chairman and the ranking member of this important committee for their work on this bill, and I would also like to thank my colleague from California…

John Conyers, Jr.
Rep. John Conyers, Jr.D-MI-13 · Oct 23, 2013

Mr. Chair, I rise today in support of H.R. 3080, the ``Water Resources Reform and Development Act of 2013,'' better known as ``WRRDA.'' This legislation is long overdue, and although it is a good…

Rob Woodall
Rep. Rob WoodallR-GA-7 · Oct 23, 2013

Mr. Speaker, I thank my friend on the Rules Committee for yielding. This is a big bill for Georgia. It is a big bill for all of America. Mr. Speaker, it is so often that we hear about conflict in…

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Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Oct 23, 2013

Mr. Chairman, this is how Congress ought to work with one another, all 435 of us. I don't mean that 435 are going to vote for the bill, but we have worked together on this bill. And I want to…

Elizabeth H. Esty
Rep. Elizabeth H. EstyD-CT-5 · Oct 23, 2013

Mr. Speaker, I thank the gentleman for the time. I rise in support of the Water Resources Reform and Development Act because it is essential for our economy and it addresses flood control and water…

Ted Poe
Rep. Ted PoeR-TX-2 · Oct 23, 2013

Mr. Speaker, I would like to thank the chairman for the inclusion of the provisions in the bill to help expedite environmental reviews and for the language that was requested by myself and…

James R. Langevin
Rep. James R. LangevinD-RI-2 · Oct 23, 2013

Mr. Chair, maintaining and investing in our national water infrastructure is an important responsibility of Congress. Critical to our coastal and inland communities alike, these resources keep our…

Timothy H. Bishop
Rep. Timothy H. BishopD-NY-1 · Oct 23, 2013

Mr. Chairman, I thank the gentleman for yielding. Mr. Chairman, I rise in support of the Water Resources Reform and Development Act of 2013. This critical, bipartisan legislation allows Congress to…

Debbie Wasserman Schultz
Rep. Debbie Wasserman SchultzD-FL-23 · Oct 23, 2013

Mr. Chairman, I rise in support of the 2013 Water Resources Reform and Development Act. Our Nation's infrastructure is critical to a thriving economy. In Florida alone, civil works projects improve…

Eric Cantor
Rep. Eric CantorR-VA-7 · Oct 23, 2013

Mr. Chairman, I thank the chairman from Pennsylvania for his leadership in bringing this bill to the floor as I rise in support of the Water Resources Reform and Development Act of 2013. Mr. Chair,…

Phil Gingrey
Rep. Phil GingreyR-GA-11 · Oct 23, 2013

Mr. Chair, I rise in support of H.R. 3080-- the Water Resources Reform and Development Act of 2013. I would like to commend Chairman Shuster for his continued willingness to work with all Members to…

John J. Duncan, Jr.
Rep. John J. Duncan, Jr.R-TN-2 · Oct 23, 2013

Mr. Chairman, I first want to say that I rise in strong support of this bipartisan jobs and infrastructure legislation, and I would like to commend Chairman Shuster and Chairman Gibbs and Ranking…

James P. McGovern
Rep. James P. McGovernD-MA-2 · Oct 23, 2013

Mr. Speaker, I thank my colleague from Florida for yielding me the time. Mr. Speaker, let me first of all begin by opposing the rule. This House is becoming much too closed. I would remind my…

Steve Southerland II
Rep. Steve Southerland IIR-FL-2 · Oct 23, 2013

Mr. Speaker, I thank the gentleman from Florida for yielding to me today. Today I rise in support of this rule for the Water Resources Reform and Development Act, and I agree with my colleague on the…

Bill Text

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Introduced in HouseIssued March 14, 2013

I

113th CONGRESS

1st Session

H. R. 1149

IN THE HOUSE OF REPRESENTATIVES

March 14, 2013

Mr. Whitfield (for himself, Mr. Lipinski, Mr. Cassidy, Mr. Olson, and Mr. Bachus) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide for funding for construction and major rehabilitation for projects located on inland and intracoastal waterways of the United States, and for other purposes.

1.

Short title

This Act may be cited as the Waterways Are Vital for the Economy, Energy, Efficiency, and Environment Act of 2013 or the WAVE4 Act.

2.

Findings

Congress finds the following:

(1)

The inland waterways navigation system is vital to the economic well-being of the Nation.

(2)

Energy reliability and conservation are the cornerstones of the inland waterways navigation system.

(3)

The efficiency of the inland waterways navigation system creates the optimum transportation mode for bulk commodities in the United States.

(4)

The inland waterways navigation system provides for environmental protection and ecosystem sustainability.

3.

Purposes

In order to ensure continued safe, dependable, highly cost-effective, and environmentally sustainable navigation on the inland and intracoastal waterways of the United States, the purposes of this Act are to—

(1)

improve program and project management applicable to the construction and major rehabilitation of navigation projects on such waterways;

(2)

optimize inland waterways navigation system reliability;

(3)

minimize the size and scope of inland waterways navigation project completion schedules;

(4)

eliminate preventable delays in inland waterways navigation project completion schedules; and

(5)

make inland waterways navigation capital investments through use of prioritization criteria that seek to maximize system-wide benefits and minimize overall system risk.

4.

Definitions

In this Act:

(1)

Qualifying project

The term qualifying project means any construction or major rehabilitation project for navigation infrastructure of the inland and intracoastal waterways that is—

(A)

authorized before, on, or after the date of enactment of this Act;

(B)

not completed as of the date of enactment of this Act; and

(C)

funded at least in part from the Inland Waterways Trust Fund.

(2)

Major rehabilitation project

The term major rehabilitation project means a project for the restoration of a major project or major project feature that has an estimated cost greater than $100,000,000.

5.

Project delivery process reforms

The Secretary of the Army, acting through the Chief of Engineers, shall require the following:

(1)

Formal project management training and certification for project managers of a qualifying project.

(2)

Assignment as project managers for a qualifying project only of personnel fully certified by the Chief of Engineers.

(3)

Cost estimation that is risk-based and has a confidence level of at least 80 percent for a qualifying project.

(4)

Independent external peer review and submission to Congress (in the case of a feasibility report) or the Secretary (in the case of a rehabilitation evaluation report) for any qualifying project—

(A)

that—

(i)

has an estimated total project cost greater than $45,000,000;

(ii)

is subject to public safety concerns, as determined by the Chief of Engineers;

(iii)

involves a high level of complexity or novel or precedent-setting approaches, as determined by the Chief of Engineers; or

(iv)

is identified by the Chief of Engineers as a matter of significant interagency interest; or

(B)

for which such a review has been requested by the Governor of any State affected by the project.

(5)

Appointment to a project development team for a qualifying project of a member of the Inland Waterways Users Board, selected by the Chairman of the Users Board.

(6)

Communication quarterly to the Inland Waterways Users Board of the status of a qualifying project that is under construction.

(7)

Inclusion of the Chairman of the Inland Waterways Users Board and the project development team appointee under paragraph (5) as signatories of the project management plan for a qualifying project.

(8)

Establishment of a system to identify and apply on a continuing basis lessons learned from prior or ongoing projects so as to improve the likelihood of on-time and on-budget completion of qualifying projects.

(9)

Evaluation, including through use of one or more pilot projects, of early contractor involvement acquisition procedures to improve on-time and on-budget project delivery performance.

(10)

Such additional measures that the Secretary determines will achieve the purposes of this Act, including, as determined appropriate by the Secretary—

(A)

implementation of applicable practices and procedures drawn from the Secretary’s management of the military construction program;

(B)

creation of one or more centers of expertise for the design and review of qualifying projects;

(C)

development and use of a portfolio of standard designs for inland navigation locks;

(D)

use of full-funding contracts or formulation of a revised continuing contracts clause; and

(E)

establishment of procedures for recommending new project construction starts using a capital projects business model.

6.

20-year capital investment program

(a)

Program required

Not later than 1 year after the date of enactment of this Act, the Secretary of the Army, working in conjunction with the Inland Waterways Users Board, shall submit to Congress a 20-year program for making capital investments on the inland and intracoastal waterways based on application of objective national project-selection prioritization criteria, as developed by the Secretary. Such program may be based on the 20-year capital investment strategy contained in the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Inland Waterways Users Board.

(b)

Annual review and update

Beginning not later than 1 year after the date on which a 20-year program is submitted to Congress under subsection (a), and each year thereafter, the Secretary of the Army, working in conjunction with the Inland Waterways Users Board, shall submit to Congress an updated 20-year program. Such updated program shall include identification and explanation of any changes that were made to the prior year’s project-specific recommendations, including any changes that were made to the objective national project-selection prioritization criteria that were used to develop the updated recommendations.

(c)

Strategic review and update

Not later than 5 years after the date of enactment of this Act, and every 5 years thereafter, the Secretary of the Army, working in conjunction with the Inland Waterways Users Board, shall submit to Congress a strategic review of the capital investment program for the Inland Marine Transportation System and make such revisions to the program as the Secretary and Users Board jointly consider appropriate.

7.

Cost sharing for qualifying projects

(a)

General rule

Notwithstanding any other provision of law, and subject to subsection (b), one-half of the cost of construction of a qualifying project shall be paid only from amounts appropriated from the general fund of the Treasury, and one-half of such costs shall be paid only from amounts appropriated from the Inland Waterways Trust Fund.

(b)

Special rule for dams

Notwithstanding subsection (a), the cost of construction of a dam shall be paid only from amounts appropriated from the general fund of the Treasury.

8.

Limitation on expenditures from the Inland Waterways Trust Fund

Section 9506 of the Internal Revenue Code of 1986 is amended—

(1)

in subsection (c)(1), by—

(A)

inserting and subject to subsection (d), after Except as provided in paragraph (2),; and

(B)

striking , as in effect on the date of the enactment of this section and inserting , provided that such expenditures may not exceed 50 percent of the total cost of the construction or rehabilitation; and

(2)

by inserting at the end the following:

(d)

Limitation on expenditures from trust fund

(1)

Amounts in the Inland Waterways Trust Fund shall not be available for expenditures for—

(A)

construction or rehabilitation of dams; or

(B)

any rehabilitation expenditure that does not equal or exceed $100,000,000.

(2)

Amounts in the Inland Waterways Trust Fund may not be used to pay for any part of the cost to construct an authorized Federal project that exceeds the sum of—

(A)

the total authorized cost to construct the Federal project as specified in the Public Law that authorized construction of the project or, in the case of a rehabilitation project, in the relevant rehabilitation evaluation report;

(B)

an adjustment for inflation for the time that elapses between the date of the project’s authorization and the date on which construction of the project begins; and

(C)

an additional amount, if any, jointly agreed to by the Secretary and the Inland Waterways Users Board as appropriate to the project.

.

9.

Revision to inland waterways user fee

Section 4042(b)(2)(A) of the Internal Revenue Code of 1986 is amended to read as follows:

(A)

The Inland Waterways Trust Fund financing rate is the rate determined in accordance with the following table:

The tax per
If the use occurs: gallon is:
During 201320 cents
After 201326 cents

.