89–008 

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 


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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. 


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• 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 


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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– 

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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 


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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 deVerDate Sep 11 2014 03:53 Jul 24, 2019 Jkt 089008 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR178.XXX HR178

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tainees, 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. 

Æ 


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