[House Report 113-47] [From the U.S. Government Publishing Office] 113th Congress Report HOUSE OF REPRESENTATIVES 1st Session 113-47 ====================================================================== PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 527) TO AMEND THE HELIUM ACT TO COMPLETE THE PRIVATIZATION OF THE FEDERAL HELIUM RESERVE IN A COMPETITIVE MARKET FASHION THAT ENSURES STABILITY IN THE HELIUM MARKETS WHILE PROTECTING THE INTERESTS OF AMERICAN TAXPAYERS, AND FOR OTHER PURPOSES _______ April 24, 2013.--Referred to the House Calendar and ordered to be printed _______ Mr. Bishop of Utah, from the Committee on Rules, submitted the following R E P O R T [To accompany H. Res. 178] The Committee on Rules, having had under consideration House Resolution 178, by a nonrecord vote, 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. 527, the Responsible Helium Administration and Stewardship 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 purpose of amendment an amendment in the nature of a substitute consisting of the text of Rules Committee Print 113-9 and provides that it shall be considered as read. The resolution waives all points of order against the amendment in the nature of a substitute. The resolution makes in order only those further amendments printed in 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 this report. The resolution provides one motion to recommit with or without instructions. Section 2 of the resolution provides that on each legislative day during the period from April 27, 2013, through May 3, 2013: 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 within the limits of clause 4, section 5, article I of the Constitution, to be announced by the Chair in declaring the adjournment. Section 3 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 2 of the resolution as though under clause 8(a) of rule I. Section 4 of the resolution provides that the Committee on Education and the Workforce may, at any time before 5 p.m. on Tuesday, April 30, 2013, file a report to accompany H.R. 1406. EXPLANATION OF WAIVERS Although the resolution waives all points of order against the consideration of the bill, the Committee is not aware of any points of order. The waiver is prophylactic in nature. The waiver of all points of order against the amendment in the nature of a substitute made in order as original text includes a waiver of clause 4 of rule XXI, which prohibits reporting a bill or joint resolution carrying an appropriation from a committee not having jurisdiction to report an appropriation. Although the resolution waives all points of order against the amendments printed in this report, 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. 26 Motion by Ms. Slaughter to report an open rule. Defeated: 2-6 ---------------------------------------------------------------------------------------------------------------- Majority Members Vote Minority Members Vote ---------------------------------------------------------------------------------------------------------------- Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea Mr. Bishop of Utah.............................. Nay Mr. McGovern...................... Yea Mr. Cole........................................ Mr. Hastings of Florida........... Mr. Woodall..................................... Nay Mr. Polis......................... Mr. Nugent...................................... Nay Mr. Webster..................................... Nay Ms. Ros-Lehtinen................................ Nay Mr. Burgess..................................... Mr. Sessions, Chairman.......................... ---------------------------------------------------------------------------------------------------------------- SUMMARY OF THE AMENDMENTS MADE IN ORDER 1. Collins, Doug (GA), Austin, Scott (GA): Ensures that excess funds are used to reduce the annual Federal budget deficit. (10 minutes) 2. Dent (PA), Higgins (NY), Esty, Elizabeth (CT): Seeks to ensure the continued supply of helium for end users while requiring the Bureau of Land Management (BLM) to honor existing contracts for the supply and delivery of helium. Affirms that the federal government will honor existing contracts that are set to expire October 1, 2015. (10 minutes) 3. Holt (NJ): Considers the long-term future of the Federal Helium Reserve by requiring an assessment of how closing the Federal Helium Reserve could influence helium availability, including options for insuring a reliable helium supply in coming decades. (10 minutes) 4. Thornberry (TX): Affirms the authority of the Secretary of the Interior to allow private entities to connect to and store helium in the Federal Helium Reserve for an appropriate fee. (10 minutes) TEXT OF AMENDMENTS MADE IN ORDER 1. An Amendment To Be Offered by Representative Collins of Georgia or His Designee, Debatable for 10 Minutes Page 18, line 14, after ``funds'' insert ``and deficit reduction''. Page 18, line 18, before the period insert ``and used to reduce the annual Federal budget deficit''. ---------- 2. An Amendment To Be Offered by Representative Dent of Pennsylvania or His Designee, Debatable for 10 Minutes Page 19, after line 17, insert the following: (c) Existing Contracts Not Affected.-- (1) In general.--Nothing in this Act or the amendments made by this Act shall be construed to affect any covered contract between the Bureau of Land Management and any person that owns-- (A) helium stored in the Federal Helium Reserve (as that term is used in those amendments); or (B) a helium enrichment unit that is part of the Federal Helium Reserve. (2) Covered contract.--In this subsection the term ``covered contract'' means a contract relating to the operation of the Federal Helium Reserve, that is in effect on the date of enactment of this Act. ---------- 3. An Amendment To Be Offered by Representative Holt of New Jersey or His Designee, Debatable for 10 Minutes Page 27, strike ``and'' at line 6, and after line 6 insert the following (and redesignate the subsequent paragraph accordingly): (4) complete an assessment of options for ensuring a domestic helium supply in the future, including-- (A) an analysis of how the Federal Helium Reserve has influenced domestic and global helium supply and prices historically; and (B) an assessment of options for how the Federal Helium Reserve could promote the long term availability and security of domestic helium supplies; and ---------- 4. An Amendment To Be Offered by Representative Thornberry of Texas or His Designee, Debatable for 10 Minutes Add at the end the following: SEC. __. ADDITIONAL CONNECTIONS TO THE FEDERAL HELIUM RESERVE. The Secretary of the Interior may allow any person not connected to the Federal Helium Reserve, as that term is defined under section 2 of the Helium Act (50 U.S.C. 167), as amended by this Act, to connect to the Federal Helium Reserve for the purpose of storing helium, subject to such storage fees as may be required by the Secretary. Withdrawal of such helium shall be governed by that Act.