File #: 18-0941    Version: 1 Name:
Type: External Affairs Status: Agenda Ready
File created: 10/18/2018 In control: Board of Directors
On agenda: 3/26/2019 Final action:
Title: Recommended Positions on Federal Legislation: H.R. 1137 (Garamendi) - To amend the Water Resources Development Act of 1986 to repeal the authority relating to reprogramming during national emergencies; S. 326 (Udall) - Restrictions Against Illegitimate Declarations for Emergency Re-appropriations (RAIDER) Act of 2019; H.R. 1162 (Napolitano) - Water Recycling Improvement and Investment Act; H.R. 1132 (Speier) - San Francisco Bay Restoration Act of 2019; and Other Legislation That May Require Urgent Consideration for a Position by the Board.
BOARD AGENDA MEMORANDUM


SUBJECT:
Title
Recommended Positions on Federal Legislation: H.R. 1137 (Garamendi) - To amend the Water Resources Development Act of 1986 to repeal the authority relating to reprogramming during national emergencies; S. 326 (Udall) - Restrictions Against Illegitimate Declarations for Emergency Re-appropriations (RAIDER) Act of 2019; H.R. 1162 (Napolitano) - Water Recycling Improvement and Investment Act; H.R. 1132 (Speier) - San Francisco Bay Restoration Act of 2019; and Other Legislation That May Require Urgent Consideration for a Position by the Board.


End
RECOMMENDATION:
Recommendation
A. Adopt a position of "Support" on H.R. 1137 (Garamendi) - To amend the Water Resources Development Act of 1986 to repeal the authority relating to reprogramming during national emergencies;
B. Adopt a position of "Support" on S. 326 (Udall) - Restrictions Against Illegitimate Declarations for Emergency Re-appropriations (RAIDER) Act of 2019;
C. Adopt a position of "Support" on H.R. 1162 (Napolitano) - Water Recycling Improvement and Investment Act; and
D. Adopt a position of "Support" on H.R. 1132 (Speier) - San Francisco Bay Restoration Act of 2019.


Body
SUMMARY:
A. H.R. 1137 (Garamendi) - To amend the Water Resources Development Act of 1986 to repeal the authority relating to reprogramming during national emergencies
Recommendation: Support
Priority Recommendation: 2
This bill would repeal 33 U.S. Code 2293, the provision in the Water Resources Development Act (WRDA) of 1986 that allows the president, in the event of a declaration of war or declaration of a national emergency, to reprogram any U.S. Army Corps of Engineers (USACE) funding not deemed essential to national defense.

President Trump has threatened to redirect unspent USACE funds to construct the wall along the U.S.-Mexico border if Congress does not appropriate adequate funding. Under this provision in WRDA 1986, he has the legal authority to so. The President has explicitly sa...

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