[House Report 114-839]
[From the U.S. Government Publishing Office]


114th Congress   }                                     {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                     {       114-839

======================================================================
 
 PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL (H.R. 
   34) TO AUTHORIZE AND STRENGTHEN THE TSUNAMI DETECTION, FORECAST, 
 WARNING, RESEARCH, AND MITIGATION PROGRAM OF THE NATIONAL OCEANIC AND 
 ATMOSPHERIC ADMINISTRATION, AND FOR OTHER PURPOSES, AND PROVIDING FOR 
  CONSIDERATION OF THE BILL (H.R. 6392) TO AMEND THE DODD FRANK WALL 
STREET REFORM AND CONSUMER PROTECTION ACT TO SPECIFY WHEN BANK HOLDING 
COMPANIES MAY BE SUBJECT TO CERTAIN ENHANCED SUPERVISION, AND FOR OTHER 
                                PURPOSES

                                _______
                                

 November 29, 2016.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 934]

    The Committee on Rules, having had under consideration 
House Resolution 934, by a record vote of 7 to 3, 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 Senate 
amendment to H.R. 34, the Tsunami Warning, Education, and 
Research Act of 2015. The resolution makes in order a motion 
offered by the chair of the Committee on Energy and Commerce or 
his designee that the House concur in the Senate amendment to 
H.R. 34 with an amendment consisting of the text of Rules 
Committee Print 114-67 modified by the amendment printed in 
part A of this report. The resolution waives all points of 
order against consideration of the motion. The resolution 
provides that the Senate amendment and motion shall be 
considered as read. The resolution provides 80 minutes of 
debate on the motion with 60 minutes equally divided and 
controlled by the chair and ranking minority member of the 
Committee on Energy and Commerce and 20 minutes equally divided 
and controlled by the chair and ranking minority member of the 
Committee on Ways and Means.
    Section 2 of the resolution provides for consideration of 
H.R. 6392, the Systemic Risk Designation Improvement Act of 
2016, under a structured rule. The resolution provides one hour 
of debate equally divided and controlled by the chair and 
ranking minority member of the Committee on Financial Services. 
The resolution waives all points of order against consideration 
of the bill. The resolution provides that the bill shall be 
considered as read. The resolution waives all points of order 
against provisions in the bill. The resolution makes in order 
only the amendment printed in part B 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, 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 amendment 
printed in part B of this report. The resolution provides one 
motion to recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the motion related to H.R. 34 includes a waiver of the 
following:
           Section 303 of the Congressional Budget Act, 
        which prohibits consideration of legislation, providing 
        a change in revenues for a fiscal year until the budget 
        resolution for that year has been agreed to;
           Section 306 of the Congressional Budget Act, 
        which prohibits consideration of legislation within the 
        jurisdiction of the Committee on the Budget unless 
        referred to or reported by the Budget Committee; and
           Clause 7 of rule XVI, which requires that no 
        motion or proposition on a subject different from that 
        under consideration shall be admitted under color of 
        amendment.
    The waiver of all points of order against consideration of 
H.R. 6392 includes a waiver of the following:
           Section 303 of the Congressional Budget Act, 
        which prohibits consideration of legislation, providing 
        a change in revenues for a fiscal year until the budget 
        resolution for that year has been agreed to; and
           Clause 10 of rule XXI, which prohibits the 
        consideration of a bill if it has the net effect of 
        increasing mandatory spending over the five-year or 
        ten-year period. While the waiver is necessary, it 
        should be noted that the bill does not cause an 
        increase in the deficit.
    Although the resolution waives all points of order against 
provisions in H.R. 6392, 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 to H.R. 6392 printed in part B 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. 218

    Motion by Mr. Cole to report the rule. Adopted: 7-3.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................  ............
Mr. Cole........................................          Yea   Mr. McGovern......................          Nay
Mr. Woodall.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Burgess.....................................  ............  Mr. Polis.........................          Nay
Mr. Stivers.....................................  ............
Mr. Collins.....................................          Yea
Mr. Byrne.......................................          Yea
Mr. Newhouse....................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

SUMMARY OF THE AMENDMENT TO THE HOUSE AMENDMENT TO THE SENATE AMENDMENT 
               TO H.R. 34 IN PART A CONSIDERED AS ADOPTED

    Upton (MI): MANAGER'S Reallocates credits in accounts for 
NIH and FDA accounts. These changes do not alter the overall 
$6.3 billion in total transfers for NIH, FDA and opioids. 
Reductions in budget authority and transfers for NIH, FDA and 
opioids accounts still match on a year to year basis. Alters 
scope of provisions eligible for FDA funding. The Tick Borne 
strike and replace language changes this section from a `may' 
to a `shall' and adds a list of Federal and Non-Federal members 
to be included in the working group. Codifies due process for 
determinations by Secretary of VA. Makes technical, conforming 
and cross-reference corrections. Strikes division D (Child and 
Family Services and Support).

      SUMMARY OF THE AMENDMENT TO H.R 6392 IN PART B MADE IN ORDER

    1. Davidson (OH), Luetkemeyer (MO): Prohibits the use of 
international standards not specifically provided in the bill. 
(10 minutes)

    PART A--TEXT OF AMENDMENT TO THE HOUSE AMENDMENT TO THE SENATE 
               AMENDMENT TO H.R. 34 CONSIDERED AS ADOPTED

  Page 11, line 3, strike ``SECTION'' and insert ``SEC.''.
  Page 12, line 7, strike ``$372,000,000'' and insert 
``$352,000,000''.
  Page 12, line 9, strike ``$526,000,000'' and insert 
``$496,000,000''.
  Page 12, line 11, strike ``$721,000,000'' and insert 
``$711,000,000''.
  Page 12, line 13, strike ``$507,000,000'' and insert 
``$492,000,000''.
  Page 12, line 15, strike ``$424,000,000'' and insert 
``$404,000,000''.
  Page 12, line 23, strike ``$107,000,000'' and insert 
``$127,000,000''.
  Page 12, line 25, strike ``$151,000,000'' and insert 
``$226,000,000''.
  Page 14, line 21, strike ``$1,400,000,000'' and insert 
``$1,455,000,000''.
  Page 14, line 22, strike ``$0'' and insert ``$40,000,000''.
  Page 14, line 24, strike ``$114,000,000'' and insert 
``$100,000,000''.
  Page 15, line 2, strike ``$23,000,000'' and insert 
``$186,000,000''.
  Page 15, line 4, strike ``$136,000,000'' and insert 
``$149,000,000''.
  Page 15, line 5, strike ``$78,000,000'' and insert 
``$109,000,000''.
  Page 15, line 7, strike ``$245,000,000'' and insert 
``$150,000,000''.
  Page 15, line 9, strike ``$580,000,000'' and insert 
``$419,000,000''.
  Page 15, line 11, strike ``$180,000,000'' and insert 
``$235,000,000''.
  Page 15, line 13, strike ``$30,000,000'' and insert 
``$36,000,000''.
  Page 15, line 15, strike ``$14,000,000'' and insert 
``$31,000,000''.
  Page 15, line 19, strike ``$1,564,000,000'' and insert 
``$1,511,000,000''.
  Page 15, line 20, strike ``$0'' and insert ``$10,000,000''.
  Page 15, line 22, strike ``$124,000,000'' and insert 
``$86,000,000''.
  Page 15, line 24, strike ``$25,000,000'' and insert 
``$115,000,000''.
  Page 16, line 2, strike ``$135,000,000'' and insert 
``$140,000,000''.
  Page 16, line 3, strike ``$83,000,000'' and insert 
``$100,000,000''.
  Page 16, line 5, strike ``$251,000,000'' and insert 
``$152,000,000''.
  Page 16, line 7, strike ``$505,000,000'' and insert 
``$450,000,000''.
  Page 16, line 9, strike ``$227,000,000'' and insert 
``$172,000,000''.
  Page 16, line 11, strike ``$77,000,000'' and insert 
``$91,000,000''.
  Page 16, line 13, strike ``$137,000,000'' and insert 
``$195,000,000''.
  Page 16, line 22, strike ``$1,802,000,000'' and insert 
``$1,800,000,000''.
  Page 16, line 25, strike ``$372,000,000'' and insert 
``$300,000,000''.
  Page 17, line 2, strike ``$278,000,000'' and insert 
``$300,000,000''.
  Page 17, line 4, strike ``$663,000,000'' and insert 
``$400,000,000''.
  Page 17, line 6, strike ``$226,000,000'' and insert 
``$195,000,000''.
  Page 17, line 8, strike ``$263,000,000'' and insert 
``$195,000,000''.
  Page 17, after line 8, insert the following:
                          (vi) For fiscal year 2022, 
                        $194,000,000.
                          (vii) For fiscal year 2023, 
                        $216,000,000.
  Page 17, line 21, strike ``$0'' and insert ``$2,000,000''.
  Page 17, line 23, strike ``through 2020'' and insert ``and 
2019''.
  Page 17, after line 23, insert the following:
                          (iii) For fiscal year 2020, 
                        $8,000,000.
  Page 17, line 24, redesignate clause (iii) as clause (iv).
  Page 22, line 6, strike ``2018 through 2026'' and insert 
``2017 through 2025''.
  Beginning on page 22, line 9, redesignate clauses (i) through 
(ix) as clauses (ii) through (x), respectively.
  Page 22, after line 8, insert the following:
                          (i) For fiscal year 2017, 
                        $20,000,000.
  Page 22, line 9, strike ``$30,000,000'' and insert 
``$60,000,000''.
  Page 22, line 11, strike ``$60,000,000'' and insert 
``$70,000,000''.
  Page 22, line 13, strike ``$60,000,000'' and insert 
``$75,000,000''.
  Page 22, line 15, strike ``$50,000,000'' and insert 
``$70,000,000''.
  Page 22, line 22, strike ``$75,000,000'' and insert 
``$55,000,000''.
  Page 22, strike lines 23 and 24.
  Page 23, lines 8 and 9, strike ``2018 through 2026'' and 
insert ``2017 through 2025''.
  Page 23, lines 17 and 18, strike ``2018 through 2026'' and 
insert ``2017 through 2025''.
  Page 25, line 5, strike ``2018 through 2026'' and insert 
``2017 through 2025''.
  Page 26, line 1, strike ``2018 through 2026'' and insert 
``2017 through 2025''.
  Page 26, lines 5 and 6, strike ``2019 through 2027'' and 
insert ``2018 through 2026''.
  Page 27, line 16, strike ``2026'' and insert ``2025''.
  Page 24, line 12, strike ``title III'' and all that follows 
through line 16 and insert the following ``title III of this 
Act and section 1014 of the Federal Food, Drug, and Cosmetic 
Act, as added by section 3073 of this Act.''.
  Page 30, line 4, strike ``may'' and insert ``shall''.
  Page 119, line 25, strike ``may'' and insert ``shall''.
  Page 120, line 10, strike ``may'' and insert ``shall''.
  Page 120, line 15, strike ``as appropriate,''.
  Page 120, line 17, insert ``all'' after ``related to''.
  Page 122, strike lines 10 through 12, and insert the 
following:
          (3) Membership.--The members of the working group 
        shall represent a diversity of scientific disciplines 
        and views and shall be composed of the following 
        members:
                  (A) Federal members.--Seven Federal members, 
                consisting of one or more representatives of 
                each of the following:
                          (i) The Office of the Assistant 
                        Secretary for Health.
                          (ii) The Food and Drug 
                        Administration.
                          (iii) The Centers for Disease Control 
                        and Prevention.
                          (iv) The National Institutes of 
                        Health.
                          (v) Such other agencies and offices 
                        of the Department of Health and Human 
                        Services as the Secretary determines 
                        appropriate.
                  (B) Non-Federal public members.--Seven non-
                Federal public members, consisting of 
                representatives of the following categories:
                          (i) Physicians and other medical 
                        providers with experience in diagnosing 
                        and treating tick-borne diseases.
                          (ii) Scientists or researchers with 
                        expertise.
                          (iii) Patients and their family 
                        members.
                          (iv) Nonprofit organizations that 
                        advocate for patients with respect to 
                        tick-borne diseases.
                          (v) Other individuals whose expertise 
                        is determined by the Secretary to be 
                        beneficial to the functioning of the 
                        Working Group.
  Page 122, line 18, strike ``paragraph (6)'' and insert 
``paragraph (7)''.
  Page 123, after line 5, insert the following:
          (6) Applicability of faca.--The Working Group shall 
        be treated as an advisory committee subject to the 
        Federal Advisory Committee Act (5 U.S.C. App.).
  Page 123, line 6, redesignate paragraph (6) as paragraph (7).
  Page 130, line 22, insert ``authorities in'' before ``the 
European Union''.
  Page 172, beginning on line 18, amend paragraph (2) to read 
as follows:
          (2) Institutional review board defined.--In this 
        section, the term ``institutional review board'' has 
        the meaning that applies to the term ``institutional 
        review board'' under the HHS Human Subject Regulations.
  Page 211, line 9, strike ``of the Public'' and insert ``or 
the Public''.
  Page 224, line 8, strike ``(1)(B)'' and insert ``(1)(A)''.
  Page 269, line 24, strike ``fix'' and insert ``set''.
  Beginning on page 407, line 1, strike section 4009 (and 
redesignate sections 4010 through 4013 as sections 4009 through 
4012, respectively).
  Page 424, lines 23 and 24, strike ``the State, consistent 
with subparagraph (B),'' and insert ``the State, not later than 
30 days after the effective date of such termination,''.
  Page 446, line 17, strike ``4012'' and insert ``4011''.
  Page 603, line 3, insert ``recovery support services and 
programming and'' after ``include''.
  Beginning on page 736, line 11, amend section 14017 to read 
as follows:

SEC. 14017. CODIFICATION OF DUE PROCESS FOR DETERMINATIONS BY SECRETARY 
                    OF VETERANS AFFAIRS OF MENTAL CAPACITY OF 
                    BENEFICIARIES.

  (a) In General.--Chapter 55 of title 38, United States Code, 
is amended by inserting after section 5501 the following new 
section:

``Sec. 5501A. Beneficiaries' rights in mental competence determinations

  ``The Secretary may not make an adverse determination 
concerning the mental capacity of a beneficiary to manage 
monetary benefits paid to or for the beneficiary by the 
Secretary under this title unless such beneficiary has been 
provided all of the following, subject to the procedures and 
timelines prescribed by the Secretary for determinations of 
incompetency:
          ``(1) Notice of the proposed adverse determination 
        and the supporting evidence.
          ``(2) An opportunity to request a hearing.
          ``(3) An opportunity to present evidence, including 
        an opinion from a medical professional or other person, 
        on the capacity of the beneficiary to manage monetary 
        benefits paid to or for the beneficiary by the 
        Secretary under this title.
          ``(4) An opportunity to be represented at no expense 
        to the Government (including by counsel) at any such 
        hearing and to bring a medical professional or other 
        person to provide relevant testimony at any such 
        hearing.''.
  (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter 55 is amended by inserting after the 
item relating to section 5501 the following new item:

``5501A. Beneficiaries' rights in mental competence determinations''.

  (c) Effective Date.--Section 5501A of title 38, United States 
Code, as added by subsection (a), shall apply to determinations 
made by the Secretary of Veterans Affairs on or after the date 
of the enactment of this Act.
  Page 771, line 4, strike ``Section 7(b)(1)(B)(iii)'' and 
insert ``Section 7(b)(1)(B)''.
  Page 771, line 7, strike ``Public Law 122-240'' and insert 
``Public Law 112-240''.
  Page 771, line 10, insert ``in clause (iii)'' after ``is 
amended''.
  Page 806, line 17, and page 807, line 24, strike 
``1903(i)(2)(D)'' and insert ``1903(i)(2)(E)''.
  Page 840, beginning on line 4, strike division D.

          PART B--TEXT OF AMENDMENT TO H.R. 6392 MADE IN ORDER

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

  Add at the end the following:

SEC. 7. RULE OF CONSTRUCTION.

  Nothing in this Act or the amendments made by this Act may be 
construed as broadly applying international standards except as 
specifically provided under paragraphs (2) and (3) of section 
113(c) of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act, as added by section 3.

                                  [all]