[House Report 113-379]
[From the U.S. Government Publishing Office]
113th Congress Report
} HOUSE OF REPRESENTATIVES {
2d Session } { 113-379
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3189) TO
PROHIBIT THE CONDITIONING OF ANY PERMIT, LEASE, OR OTHER USE
AGREEMENT ON THE TRANSFER, RELINQUISHMENT, OR OTHER IMPAIRMENT
OF ANY WATER RIGHT TO THE UNITED STATES BY THE SECRETARIES OF
THE INTERIOR AND AGRICULTURE; PROVIDING FOR CONSIDERATION OF THE
BILL (H.R. 4015) TO AMEND TITLE XVIII OF THE SOCIAL SECURITY
ACT TO REPEAL THE MEDICARE SUSTAINABLE GROWTH RATE AND IMPROVE
MEDICARE PAYMENTS FOR PHYSICIANS AND OTHER PROFESSIONALS, AND
FOR OTHER PURPOSES; AND PROVIDING FOR PROCEEDINGS
DURING THE PERIOD FROM MARCH 17, 2014, THROUGH MARCH 21, 2014
_______
March 12, 2014.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Burgess, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 515]
The Committee on Rules, having had under consideration
House Resolution 515, by a record vote of 8 to 3, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 3189, the
Water Rights Protection Act, under a structured rule. The
resolution provides one hour of general debate equally divided
and controlled by the chair and ranking minority member of the
Committee on Natural Resources. The resolution waives all
points of order against consideration of the bill. The
resolution makes in order as original text for the purpose of
amendment the amendment in the nature of a substitute
recommended by the Committee on Natural Resources now printed
in the bill and provides that it shall be considered as read.
The resolution waives all points of order against that
amendment in the nature of a substitute. The resolution makes
in order only those further amendments printed in part A of
this report. Each such amendment may be offered only in the
order printed in this report, may be offered only by a Member
designated in this report, shall be considered as read, shall
be debatable for the time specified in this report equally
divided and controlled by the proponent and an opponent, shall
not be subject to amendment, and shall not be subject to a
demand for division of the question in the House or in the
Committee of the Whole. The resolution waives all points of
order against the amendments printed in part A of this report.
The resolution provides one motion to recommit with or without
instructions.
Section 2 of the resolution provides for consideration of
H.R. 4015, the SGR Repeal and Medicare Provider Payment
Modernization Act of 2014, under a closed rule. The resolution
provides one hour of debate equally divided among and
controlled by the chairs and ranking minority members of the
Committee on Energy and Commerce and the Committee on Ways and
Means. The resolution waives all points of order against
consideration of the bill. The resolution provides that the
amendment printed in part B of this report shall be considered
as adopted and the bill, as amended, shall be considered as
read. The resolution waives all points of order against
provisions in the bill, as amended. The resolution provides one
motion to recommit with or without instructions.
Section 3 of the resolution provides that on any
legislative day during the period from March 17, 2014, through
March 21, 2014: the Journal of the proceedings of the previous
day shall be considered as approved; and the Chair may at any
time declare the House adjourned to meet at a date and time to
be announced by the Chair in declaring the adjournment.
Section 4 of the resolution provides that the Speaker may
appoint Members to perform the duties of the Chair for the
duration of the period addressed by section 3.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against
consideration of H.R. 3189, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendment in the nature of a substitute to H.R. 3189 made
in order as original text, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in part A of this report, the Committee
is not aware of any points of order. The waiver is prophylactic
in nature.
Although the resolution waives all points of order against
consideration of H.R. 4015, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
provisions in H.R. 4015, as amended, the Committee is no aware
of any points of order. The waiver is prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 117
Motion by Ms. Slaughter to report open rules for H.R. 3189
and H.R. 4015. Defeated: 3-7
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Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ ............ Ms. Slaughter..................... Yea
Mr. Bishop of Utah.............................. Nay Mr. McGovern...................... Yea
Mr. Cole........................................ Nay Mr. Hastings of Florida........... ............
Mr. Woodall..................................... Nay Mr. Polis......................... Yea
Mr. Nugent...................................... Nay
Mr. Webster..................................... Nay
Ms. Ros-Lehtinen................................ ............
Mr. Burgess..................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 118
Motion by Mr. McGovern to make in order and provide the
appropriate waivers for amendment #4, offered by Rep. Tierney
(MA), which provides a permanent fix to the Sustainable Growth
Rate (SGR) of Medicare that is paid for by capping spending on
Overseas Contingency Operations (OCO). Defeated: 3-8
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ ............ Ms. Slaughter..................... Yea
Mr. Bishop of Utah.............................. Nay Mr. McGovern...................... Yea
Mr. Cole........................................ Nay Mr. Hastings of Florida........... ............
Mr. Woodall..................................... Nay Mr. Polis......................... Yea
Mr. Nugent...................................... Nay
Mr. Webster..................................... Nay
Ms. Ros-Lehtinen................................ Nay
Mr. Burgess..................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 119
Motion by Mr. Bishop of Utah to report the rule. Adopted:
8-3
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ ............ Ms. Slaughter..................... Nay
Mr. Bishop of Utah.............................. Yea Mr. McGovern...................... Nay
Mr. Cole........................................ Yea Mr. Hastings of Florida........... ............
Mr. Woodall..................................... Yea Mr. Polis......................... Nay
Mr. Nugent...................................... Yea
Mr. Webster..................................... Yea
Ms. Ros-Lehtinen................................ Yea
Mr. Burgess..................................... Yea
Mr. Sessions, Chairman.......................... Yea
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SUMMARY OF THE AMENDMENTS TO H.R. 3189 IN PART A MADE IN ORDER
1. Tipton (CO): MANAGER'S Makes several clarifying
technical changes to the bill, and clarifies that the Act will
have no effect on Bureau of Reclamation contracts,
implementation of the Endangered Species Act, certain existing
federal reserved water rights, and certain authorities under
the Federal Power Act. (10 minutes)
2. Mullin, Markwayne (OK): Ensures that the federal
government cannot make Native American tribes apply for or
acquire water rights under state law for the federal government
rather than acquiring the rights for themselves. Prohibits the
federal government from using permits, approvals, and other
land management agreements to take the water rights of Native
American tribes without just compensation. Ensures that nothing
in the Act limits or expands the reserved water rights or
treaty rights of federally recognized Native American tribes.
(10 minutes)
3. Polis (CO), DeGette (CO), Perlmutter (CO), DelBene (WA),
Kuster, Ann (NH), Cartwright (PA), Huffman (CA): SUBSTITUTE
Mandates that the U.S. Forest Service may not condition ski
area permits on the transfer of title of any water right or
require any ski area permittee to acquire a water right in the
name of the United States. (20 minutes)
SUMMARY OF THE AMENDMENT TO H.R. 4015 IN PART B CONSIDERED AS ADOPTED
Camp (MI): States that under the bill, ``the monthly
penalty amount with respect to any taxpayer for any month
beginning before January 1, 2019, shall be zero.'' The schedule
for the penalties currently slated to begin in 2014 in law
would be reset to begin in 2019.
PART A--TEXT OF AMENDMENTS TO H.R. 3189 MADE IN ORDER
1. An Amendment To Be Offered by Representative Tipton of Colorado or
His Designee, Debatable for 10 Minutes
Page 3, line 13, insert ``(including joint and sole
ownership)'' after ``water right''.
Page 4, line 9, insert ``legally recognized'' after
``existing''.
Page 4, line 10, insert ``issue, grant, or'' before
``condition''.
Page 4, after line 13, insert the following:
SEC. 5. EFFECT ON RECLAMATION CONTRACTS.
Nothing in this Act shall in any way interfere with existing
or future Bureau of Reclamation contracts entered into pursuant
to Federal reclamation law (the Act of June 17, 1902 (32 Stat.
388, chapter 1093), and Acts supplemental to and amendatory of
that Act).
SEC. 6. EFFECT ON ENDANGERED SPECIES ACT.
Nothing in this Act shall affect the implementation of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
SEC. 7. EFFECT ON FEDERAL RESERVED WATER RIGHTS.
Nothing in this Act limits or expands any existing reserved
water rights of the Federal Government on lands administered by
the Secretary of the Interior or the Secretary of Agriculture.
SEC. 8. EFFECT ON FEDERAL POWER ACT.
Nothing in this Act limits or expands authorities pursuant to
sections 4(e), 10(j), or 18 of the Federal Power Act (16 U.S.C.
797(e), 803(j), and 811).
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2. An Amendment To Be Offered by Representative Mullin of Oklahoma or
His Designee, Debatable for 10 Minutes
Page 3, line 18, insert ``(including any federally recognized
Indian tribe)'' after ``water user''.
Page 4, line 7, insert after the period ``Such term shall
include water rights for federally recognized Indian tribes.''.
Page 4, after line 13, insert the following:
SEC. 5. EFFECT ON INDIAN WATER RIGHTS.
Nothing in this Act limits or expands any existing reserved
water right or treaty right of any federally recognized Indian
tribe.
----------
3. An Amendment To Be Offered by Representative Polis of Colorado or
His Designee, Debatable for 20 Minutes
Strike all after the enacting clause and insert the
following:
SECTION 1. PROHIBITION ON CONDITIONING SKI AREA PERMIT ON TRANSFER OR
ACQUISITION OF WATER RIGHTS ON BEHALF OF THE UNITED
STATES.
The Secretary of Agriculture, acting through the Chief of the
Forest Service, shall not--
(1) condition the issuance, renewal, amendment, or
extension of any ski area permit on the transfer of
title or ownership, including joint ownership, of any
water right granted or otherwise recognized under State
law, by Federal or State adjudication, decree, or other
judgment, or pursuant to any interstate water compact,
directly to the United States; or
(2) require any ski area permittee to apply for or
acquire a water right in the name of the United States
under State law as a condition of the issuance,
renewal, amendment, or extension of any ski area
permit.
PART B--TEXT OF AMENDMENT TO H.R. 4015 CONSIDERED AS ADOPTED
At the end of the bill, add the following:
SEC. 10. DELAY IN IMPLEMENTATION OF PENALTY FOR FAILURE TO COMPLY WITH
INDIVIDUAL HEALTH INSURANCE MANDATE.
(a) In General.--Section 5000A(c) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(5) Delay in implementation of penalty.--
Notwithstanding any other provision of this subsection,
the monthly penalty amount with respect to any taxpayer
for any month beginning before January 1, 2019, shall
be zero.''.
(b) Delay of Certain Phase Ins and Indexing.--
(1) Phase in of percentage of income limitation.--
Section 5000A(c)(2)(B) of such Code is amended--
(A) by striking ``2014'' in clause (i) and
inserting ``2019'', and
(B) by striking ``2015'' in clauses (ii) and
(iii) and inserting ``2020''.
(2) Phase in of applicable dollar amount.--Section
5000A(c)(3)(B) of such Code is amended--
(A) by striking ``2014'' and inserting
``2019'', and
(B) by striking ``2015'' (before amendment by
subparagraph (A)) and inserting ``2020''.
(3) Indexing of applicable dollar amount.--Section
5000A(c)(3)(D) of such Code is amended--
(A) by striking ``2016'' in the matter
preceding clause (i) and inserting ``2021'',
and
(B) by striking ``2015'' in clause (ii) and
inserting ``2020''.
(4) Indexing of exemption based on household
income.--Section 5000A(e)(1)(D) of such Code is
amended--
(A) by striking ``2014'' (before amendment by
subparagraph (B)) and inserting ``2019'', and
(B) by striking ``2013'' and inserting
``2018''.
(c) Effective Date.--The amendments made by this section
shall apply to months beginning after December 31, 2013.