```

[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

----------------------------------------------------------------------------------------------------------------
                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. 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

----------------------------------------------------------------------------------------------------------------
                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. 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

----------------------------------------------------------------------------------------------------------------
                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. 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.

                                  [all]
```