H. Rept. 113-239 - 113th Congress (2013-2014)

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House Report 113-239 - PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE JOINT RESOLUTION (H.J. RES. 59) MAKING CONTINUING APPROPRIATIONS FOR FISCAL YEAR 2014, AND FOR OTHER PURPOSES, AND WAIVING A REQUIREMENT OF CLAUSE 6(a) OF RULE XIII WITH RESPECT TO CONSIDERATION OF CERTAIN RESOLUTIONS REPORTED FROM THE COMMITTEE ON RULES

[House Report 113-239]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-239

======================================================================

 
   PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE JOINT 
 RESOLUTION (H.J. RES. 59) MAKING CONTINUING APPROPRIATIONS FOR FISCAL 
YEAR 2014, AND FOR OTHER PURPOSES, AND WAIVING A REQUIREMENT OF CLAUSE 
6(a) OF RULE XIII WITH RESPECT TO CONSIDERATION OF CERTAIN RESOLUTIONS 
                  REPORTED FROM THE COMMITTEE ON RULES

                                _______
                                

 September 30, 2013.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

              Mr. Sessions, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 367]

    The Committee on Rules, having had under consideration 
House Resolution 367, by a record vote of 9 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of the Senate 
amendment to H.J. Res. 59, the Continuing Appropriations 
Resolution, 2014. The resolution makes in order a motion 
offered by the chair of the Committee on Appropriations or his 
designee that the House recede from its amendments and concur 
in the Senate amendment with the amendment printed in this 
report. The resolution provides 40 minutes of debate on the 
motion equally divided and controlled by the chair and ranking 
minority member of the Committee on Appropriations. The 
resolution provides that the Senate amendment and the motion 
shall be considered as read. The resolution waives all points 
of order against consideration of the motion.
    Section 2 of the resolution waives clause 6(a) of rule XIII 
(requiring a two-thirds vote to consider a rule on the same day 
it is reported from the Rules Committee) against any resolution 
reported from the Rules Committee through the legislative day 
of October 7, 2013.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the motion, the Committee is not 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. 76

    Motion by Ms. Foxx to report the rule. Adopted: 9-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Bishop of Utah..............................          Yea   Mr. McGovern......................          Nay
Mr. Cole........................................          Yea   Mr. Hastings of Florida...........          Nay
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 HOUSE AMENDMENT TO THE SENATE AMENDMENT TO H.J. RES. 59

    Provides a one-year delay in the Affordable Care Act 
individual mandate; requires Members of Congress, congressional 
staff, and political appointees (including White House staff) 
to enroll in the Obamacare exchanges without an employer 
subsidy for coverage; amends the expiration date of the CR to 
be December 15, 2013; makes a technical change to the 
Eisenhower Memorial Commission provision; adds a new provision 
to extend the authority for the U.S. to issue Special Immigrant 
Visas.

  TEXT OF THE HOUSE AMENDMENT TO THE SENATE AMENDMENT TO H.J. RES. 59

  In the matter proposed to be added by the Senate amendment, 
insert at the end (before the short title) the following:
  Sec. 138.  Notwithstanding any other provision of this joint 
resolution, the date referred to in section 106(3) shall be 
December 15, 2013.
  Sec. 139.  For the period covered by this joint resolution, 
the authority provided by the provisos under the heading 
``Dwight D. Eisenhower Memorial Commission--Capital 
Construction'' in division E of Public Law 112-74 shall not be 
in effect.
  Sec. 140.  Section 1244(c)(3) of the National Defense 
Authorization Act for Fiscal Year 2008 (8 U.S.C. 1157 note) is 
amended by adding at the end the following:
                  ``(C) Fiscal year 2014.--
                          ``(i) In general.--Except as provided 
                        in clauses (ii) and (iii), the total 
                        number of principal aliens who may be 
                        provided special immigrant status under 
                        this section in fiscal year 2014 during 
                        the period ending on December 15, 2013 
                        shall be the sum of--
                                  ``(I) the number of aliens 
                                described in subsection (b) 
                                whose application for special 
                                immigrant status under this 
                                section is pending on September 
                                30, 2013; and
                                  ``(II) 2,000.
                          ``(ii) Employment period.--The 1-year 
                        period during which the principal alien 
                        is required to have been employed by or 
                        on behalf of the United States 
                        Government in Iraq under subsection 
                        (b)(1)(B) shall begin on or after March 
                        20, 2003, and end on or before 
                        September 30, 2013.
                          ``(iii) Application deadline.--The 
                        principal alien seeking special 
                        immigrant status under this 
                        subparagraph shall apply to the Chief 
                        of Mission in accordance with 
                        subsection (b)(4) not later than 
                        December 15, 2013.''.
  Sec. 141. (a) Delay in Application of Individual Health 
Insurance Mandate.--Section 5000A(a) of the Internal Revenue 
Code of 1986 is amended by striking ``2013'' and inserting 
``2014''.
  (b) Conforming Amendments.--(1) Section 5000A(c)(2)(B) of the 
Internal Revenue Code of 1986 is amended--
          (A) by striking ``2014'' in clause (i) and inserting 
        ``2015'', and
          (B) by striking ``2015'' in clauses (ii) and (iii) 
        and inserting ``2016''.
  (2) Section 5000A(c)(3)(B) of such Code is amended--
          (A) by striking ``2014'' and inserting ``2015'', and
          (B) by striking ``2015'' (prior to amendment by 
        subparagraph (A)) and inserting ``2016''.
  (3) Section 5000A(c)(3)(D) of such Code is amended--
          (A) by striking ``2016'' and inserting ``2017'', and
          (B) by striking ``2015'' and inserting ``2016''.
  (4) Section 5000A(e)(1)(D) of such Code is amended--
          (A) by striking ``2014'' and inserting ``2015'', and
          (B) by striking ``2013'' and inserting ``2014''.
  (c) Effective Date.--The amendments made by this section 
shall take effect as if included in section 1501 of the Patient 
Protection and Affordable Care Act.
  Sec. 142.  Section 1312(d)(3)(D) of the Patient Protection 
and Affordable Care Act (42 U.S.C. 18032(d)(3)(D)) is amended--
          (1) by striking the subparagraph heading and 
        inserting the following:
                  ``(D) Members of congress, congressional 
                staff, 
                the president, vice president, and political 
                appointees.--'';
          (2) in clause (i), in the matter preceding subclause 
        (I)--
                  (A) by striking ``and congressional staff'' 
                and inserting ``, congressional staff, the 
                President, the Vice President, and political 
                appointees''; and
                  (B) by striking ``or congressional staff'' 
                and inserting ``, congressional staff, the 
                President, the Vice President, or a political 
                appointee'';
          (3) in clause (ii)--
                  (A) in subclause (I), by inserting before the 
                period at the end the following: ``, and 
                includes a Delegate or Resident Commissioner to 
                the Congress'';
                  (B) in subclause (II), by inserting after 
                ``Congress,'' the following: ``of a standing, 
                select, or joint committee of Congress (or a 
                subcommittee thereof), of an office of the 
                House of Representatives for which the 
                appropriation for salaries and expenses of the 
                office for the year involved is provided under 
                the heading `House Leadership Offices' in the 
                act making appropriations for the Legislative 
                Branch for the fiscal year involved, or a 
                leadership office of the Senate (consisting of 
                the offices of the President pro Tempore, 
                Majority and Minority Leaders, Majority and 
                Minority Whips, Conferences of the Majority and 
                of the Minority, and Majority and Minority 
                Policy Committees of the Senate),''; and
                  (C) by adding at the end the following:
                                  ``(III) Political 
                                appointee.--The term `political 
                                appointee' means an individual 
                                who--
                                          ``(aa) is employed in 
                                        a position described 
                                        under sections 5312 
                                        through 5316 of title 
                                        5, United States Code 
                                        (relating to the 
                                        Executive Schedule);
                                          ``(bb) is a limited 
                                        term appointee, limited 
                                        emergency appointee, or 
                                        noncareer appointee in 
                                        the Senior Executive 
                                        Service, as defined 
                                        under paragraphs (5), 
                                        (6), and (7), 
                                        respectively, of 
                                        section 3132(a) of 
                                        title 5, United States 
                                        Code;
                                          ``(cc) is employed in 
                                        a position in the 
                                        executive branch of the 
                                        Government of a 
                                        confidential or policy-
                                        determining character 
                                        under schedule C of 
                                        subpart D of part 213 
                                        of title 5 of the Code 
                                        of Federal Regulations; 
                                        or
                                          ``(dd) is employed in 
                                        or under the Executive 
                                        Office of the President 
                                        in a position that is 
                                        excluded from the 
                                        competitive service by 
                                        reason of its 
                                        confidential, policy-
                                        determining, policy-
                                        making, or policy-
                                        advocating 
                                        character.''; and
          (4) by adding at the end the following:
                          ``(iii) Government contribution.--No 
                        Government contribution under section 
                        8906 of title 5, United States Code, 
                        shall be provided on behalf of an 
                        individual who is a Member of Congress, 
                        congressional staff, the President, the 
                        Vice President, or a political 
                        appointee for coverage under this 
                        subparagraph.
                          ``(iv) Limitation on amount of tax 
                        credit or cost-sharing.--An individual 
                        enrolling in health insurance coverage 
                        pursuant to this paragraph shall not be 
                        eligible to receive a tax credit under 
                        section 36B of the Internal Revenue 
                        Code of 1986 or reduced cost sharing 
                        under section 1402 of this Act in an 
                        amount that exceeds the total amount 
                        which a similarly situated individual 
                        (who is not so enrolled) would be 
                        entitled to receive under such 
                        sections.
                          ``(v) Limitation on discretion for 
                        designation of staff.--Notwithstanding 
                        any other provision of law, a Member of 
                        Congress shall not have discretion in 
                        determinations with respect to which 
                        employees employed by the office of 
                        such Member are eligible to enroll for 
                        coverage through an Exchange.''.