House Report 116-178 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 397) TO AMEND THE INTERNAL REVENUE CODE OF 1986 TO CREATE A PENSION REHABILITATION TRUST FUND, TO ESTABLISH A PENSION REHABILITATION ADMINISTRATION WITHIN THE DEPARTMENT OF THE TREASURY TO MAKE LOANS TO MULTIEMPLOYER DEFINED BENEFIT PLANS, AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3239) TO REQUIRE U.S. CUSTOMS AND BORDER PROTECTION TO PERFORM AN INITIAL HEALTH SCREENING ON DETAINEES, AND FOR OTHER PURPOSES; PROVIDING FOR PROCEEDINGS DURING THE PERIOD FROM JULY 29, 2019, THROUGH SEPTEMBER 6, 2019; AND FOR OTHER PURPOSES

[House Report 116-178]
[From the U.S. Government Publishing Office]

116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-178

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

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 397) TO AMEND THE
INTERNAL REVENUE CODE OF 1986 TO CREATE A PENSION REHABILITATION TRUST
FUND, TO ESTABLISH A PENSION REHABILITATION ADMINISTRATION WITHIN THE
DEPARTMENT OF THE TREASURY TO MAKE LOANS TO MULTIEMPLOYER DEFINED
BENEFIT PLANS, AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF
THE BILL (H.R. 3239) TO REQUIRE U.S. CUSTOMS AND BORDER PROTECTION TO
PERFORM AN INITIAL HEALTH SCREENING ON DETAINEES, AND FOR OTHER
PURPOSES; PROVIDING FOR PROCEEDINGS DURING THE PERIOD FROM JULY 29,
2019, THROUGH SEPTEMBER 6, 2019; AND FOR OTHER PURPOSES

_______

July 23, 2019.--Referred to the House Calendar and ordered to be
printed

_______

Mrs. Torres of California, from the Committee on Rules,
submitted the following

R E P O R T

[To accompany H. Res. 509]

The Committee on Rules, having had under consideration
House Resolution 509, 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 consideration of H.R. 397, the
Rehabilitation for Multiemployer Pensions Act of 2019, under a
structured rule. The resolution provides one hour of debate
equally divided among and controlled by the chair and ranking
minority member of the Committee on Education and Labor and the
chair and ranking minority member of the Committee on Ways and
Means. The resolution waives all points of order against
consideration of the bill. The resolution provides that an
amendment in the nature of a substitute consisting of the text
of Rules Committee Print 116-24 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 makes in order the further
amendment printed in Part A of this report, if offered by the
member designated in this report, which 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, and shall not be subject to a demand for division of
the question. The resolution waives all points of order against
the amendment printed in part A of this report. The resolution
provides one motion to recommit with or without instructions.
The resolution also provides for consideration of H.R. 3239,
the Humanitarian Standards for Individuals in Customs and
Border Protection Custody 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 the Judiciary. 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 an
amendment in the nature of a substitute consisting of the text
of Rules Committee Print 116-26 modified by the amendment
printed in Part B of the report, 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 C 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. The
resolution waives all points of order against the amendments
printed in part C of this report. The resolution provides for
one motion to recommit with or without instructions. The
resolution provides that House Resolution 507 is hereby
adopted. The resolution provides that it shall be in order at
any time on the legislative day of July 25, 2019, or July 26,
2019, for the Speaker to entertain motions that the House
suspend the rules and that the Speaker or her designee shall
consult with the Minority Leader or his designee on the
designation of any matter for consideration pursuant to this
section. Section 5 of the resolution provides that on any
legislative day during the period from July 29, 2019, through
September 6, 2019: 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.
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 5 of the resolution. The resolution
provides that each day during the period addressed by section 5
of the resolution shall not constitute a calendar day for the
purposes of section 7 of the War Powers Resolution (50 U.S.C.
1546). The resolution provides that each day during the period
addressed by section 5 of the resolution shall not constitute a
legislative day for purposes of clause 7 of rule XIII
(resolutions of inquiry). The resolution provides that each day
during the period addressed by section 5 of the resolution
shall not constitute a legislative day for the purposes of
clause 7 of rule XV (Consensus Calendar).

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of
H.R. 397 includes waivers of the following:
Clause 3(d) of rule XIII, which requires the
inclusion of committee cost estimate in a committee report.
Clause 12(a)(1) of rule XXI, which prohibits
consideration of a bill unless there is a searchable electronic
comparative print that shows how the bill proposes to change
current law.
Clause 10 of rule XXI, which prohibits
consideration of a measure that has a net effect of increasing
the deficit or reducing the surplus over the five- or 10-year
period.
Section 302(f) of the Congressional Budget Act,
which prohibits consideration of legislation providing new
budget authority in excess of a 302(a) or 302(b) allocation of
such authority.
The waiver of all points of order against provisions in
H.R. 397 includes a waiver of clause 4 of rule XXI, which
prohibits reporting a bill carrying an appropriation from a
committee not having jurisdiction to report an appropriation.
Although the resolution waives all points of order against
the amendment printed in part A of this report, the Committee
is not aware of any points of order. The waiver is prophylactic
in nature.
The waiver of all points of order against consideration of
H.R. 3239 includes a waiver of clause 3(d) of rule XIII, which
requires the inclusion of committee cost estimate in a
committee report.
Although the resolution waives all points of order against
provisions in H.R. 3239, 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. 3239 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 C of 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. 159

Motion by Mr. Cole to report an open rule for both H.R.
3239 and H.R. 397. Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... Nay Mr. Cole.......................... Yea
Mrs. Torres..................................... Nay Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... Nay
Ms. Shalala..................................... Nay
Mr. DeSaulnier.................................. Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 160

Motion by Mr. Cole to add a section to the rule providing
for consideration of H.R. 586, the Fix the Immigration
Loopholes Act, under an open rule. Defeated: 4-9

Rules Committee record vote No. 161

Motion by Mr. Woodall to amend the rule to H.R. 397 to make
in order amendment #7, offered by Rep. Foxx (NC), which
requires removal of all current trustees in a loan-recipient
plan and appointment of an independent trustee by the PRA
Director. Defeated: 4-9

Rules Committee record vote No. 162

Motion by Mr. Burgess to amend the rule to H.R. 3239 to
make in order amendment #10, offered by Rep. Steube (FL), which
requires the DHS Secretary to also report on the costs of
implementation of this legislation when making a required
report on plans for implementation under this legislation.
Defeated: 4-9

Rules Committee record vote No. 163

Motion by Mr. Perlmutter to report the rule. Adopted: 9-4

----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... Yea Mr. Cole.......................... Nay
Mrs. Torres..................................... Yea Mr. Woodall....................... Nay
Mr. Perlmutter.................................. Yea Mr. Burgess....................... Nay
Mr. Raskin...................................... Yea Mrs. Lesko........................ Nay
Ms. Scanlon..................................... Yea
Mr. Morelle..................................... Yea
Ms. Shalala..................................... Yea
Mr. DeSaulnier.................................. Yea
Mr. McGovern, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------

SUMMARY OF THE AMENDMENT TO H.R. 397 IN PART A MADE IN ORDER

1. Roe (TN): Sets the loan interest rates at 5% per annum
for the first 5 years and 9% per annum thereafter. (10 minutes)

SUMMARY OF THE AMENDMENT TO H.R. 3239 IN PART B CONSIDERED AS ADOPTED

1. Nadler (NY): States that nothing in this Act may be
construed to affect the obligation to fully comply with all
applicable immigration laws. Clarifies the rules of
construction to ensure the bill does not change current
practices as it relates to hiring, background checks, and
termination of employment for individuals convicted of certain
crimes.

SUMMARY OF THE AMENDMENTS TO H.R. 3239 IN PART C MADE IN ORDER

1. Kuster (NH), Moore (WI), Cisneros (CA): Directs DHS OIG
to pay particular attention to whether CBP meets its own sexual
violence prevention standards when inspecting ports of entry,
border patrol stations, and detention facilities. (10 minutes)
2. Kuster (NH), Moore (WI), Cisneros (CA): Requires the
Secretary of Homeland Security make publicly available data
about sexual abuse allegations every 3 months in order to
improve transparency about sexual abuse at CBP facilities. (10
minutes)

PART A--TEXT OF AMENDMENT TO H.R. 397 MADE IN ORDER

1. An Amendment To Be Offered by Representative Roe of Tennessee or His
Designee, Debatable for 10 Minutes

Amend section 4(b)(2) to read as follows:
(2) Interest rate.--Loans made under subsection (a)
shall have an interest rate of 5 percent for each of
the first 5 years and 9 percent thereafter.

PART B--TEXT OF AMENDMENT TO H.R. 3239 CONSIDERED AS ADOPTED

Page 17, strike lines 11 through 13 and insert the following:

SEC. 13. RULES OF CONSTRUCTION.

Nothing in this Act may be construed--
(1) as authorizing CBP to detain individuals for
longer than 72 hours;
(2) as contradicting the March 7, 2014, Department of
Homeland Security rule adopting Standards to Prevent,
Detect, and Respond to Sexual Abuse and Assault in
Confinement Facilities, which includes a zero tolerance
policy prohibiting all forms of sexual abuse and
assault of individuals in U.S. Customs and Border
Protection custody, including in holding facilities,
during transport, and during processing;
(3) as contradicting current protocols related to
Department background checks in the hiring process;
(4) as restricting the Department from denying
employment to or terminating the employment of any
individual who would be or is involved with the
handling or processing at holding facilities, during
transport, or during processing, or care of detainees,
including the care of children, and has been convicted
of a sex crime or other offense involving a child
victim; or
(5) as affecting the obligation to fully comply with
all applicable immigration laws, including being
subject to any penalties, fines, or other sanctions

PART C--TEXT OF AMENDMENTS TO H.R. 3239 MADE IN ORDER

1. An Amendment To Be Offered by Representative Kuster of New Hampshire
or Her Designee, Debatable for 10 Minutes

Page 16, line 9, strike ``and''.
Page 16, line 10, strike the period at the end and insert ``;
and''.
Page 16, insert after line 10 the following:
(4) the degree of compliance with part 115 of title
6, Code of Federal Regulations (commonly known as the
``Standards To Prevent, Detect, and Respond to Sexual
Abuse and Assault in Confinement Facilities'').
----------

2. An Amendment To Be Offered by Representative Kuster of New Hampshire
or Her Designee, Debatable for 10 Minutes

Page 18, insert after line 10 the following:
(5) Publication of data on complaints of sexual abuse
at cbp facilities.--Not later than 90 days after the
date of enactment of this Act, the Secretary of
Homeland Security, acting in coordination with the
Office of Inspector General and Office for Civil Rights
and Civil Liberties, shall publicly release aggregate
data on complaints of sexual abuse at CBP facilities on
its website on a quarterly basis, excluding any
personally identifiable information that may compromise
the confidentiality of individuals who reported abuse.

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