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[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

------------------------------------------------------------------------------ -------------------
                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
----------------------------------------------------------------------------------------------------------------

     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).
                              ----------                              

 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.

                                  
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