[House Report 117-507]
[From the U.S. Government Publishing Office]


117th Congress    }                                   {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {     117-507

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

 
    PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3843) TO PROMOTE 
    ANTITRUST ENFORCEMENT AND PROTECT COMPETITION THROUGH ADJUSTING 
PREMERGER FILING FEES, AND INCREASING ANTITRUST ENFORCEMENT RESOURCES; 
  PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 7780) TO SUPPORT THE 
  BEHAVIORAL NEEDS OF STUDENTS AND YOUTH, INVEST IN THE SCHOOL-BASED 
  BEHAVIORAL HEALTH WORKFORCE, AND ENSURE ACCESS TO MENTAL HEALTH AND 
  SUBSTANCE USE DISORDER BENEFITS; PROVIDING FOR CONSIDERATION OF THE 
BILL (S. 3969) TO AMEND THE HELP AMERICA VOTE ACT OF 2002 TO EXPLICITLY 
   AUTHORIZE DISTRIBUTION OF GRANT FUNDS TO THE VOTING ACCESSIBILITY 
  PROTECTION AND ADVOCACY SYSTEM OF THE COMMONWEALTH OF THE NORTHERN 
MARIANA ISLANDS AND THE SYSTEM SERVING THE AMERICAN INDIAN CONSORTIUM, 
             AND FOR OTHER PURPOSES; AND FOR OTHER PURPOSES

                                _______
                                

 September 28, 2022.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                      [To accompany H. Res. 1396]

    The Committee on Rules, having had under consideration 
House Resolution 1396, by a record vote of 8 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. 3843, the 
Merger Filing Fee Modernization Act of 2022, under a closed 
rule. The resolution provides one hour of debate equally 
divided and controlled by the chair and ranking minority member 
of the Committee on the Judiciary or their designees. 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 117-66 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 provides one motion to recommit. 
Section 2 of the resolution provides for consideration of H.R. 
7780, the Mental Health Matters Act, 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 Education and Labor or their designees. 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 117-67 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 only those 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, shall be considered as read, shall be 
debatable for the time specified in the 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 the report. The resolution provides 
that at the conclusion of consideration of the bill for 
amendment the Committee shall rise and report the bill, as 
amended, to the House with such further amendments as may have 
been adopted. The question of such further amendments' adoption 
shall be put to the House en gros and without division of the 
question. The resolution provides one motion to recommit. The 
resolution provides that during consideration of H.R. 7780, the 
Chair may entertain a motion that the Committee rise only if 
offered by the chair of the Committee on Education or Labor or 
his designee. The Chair may not entertain a motion to strike 
out the enacting words of the bill. The resolution further 
provides for consideration of S. 3969, the PAVA Program 
Inclusion Act, under a closed rule. The resolution provides one 
hour of debate equally divided and controlled by the chair and 
ranking minority member of the Committee on House 
Administration or their designees. 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 provides one motion to commit. Section 
5 of the resolution provides that on any legislative day during 
the period from October 3, 2022, through November 11, 2022, the 
Journal of the proceedings of the previous day shall be 
considered as approved. 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 shall not constitute a calendar or legislative day 
for purposes of clause 7(c)(1) of rule XXII (motions to 
instruct conferees). The resolution provides that at any time 
through the legislative day of September 30, 2022, the Speaker 
may entertain motions offered by the Majority Leader or a 
designee that the House suspend the rules with respect to 
multiple measures that were the object of motions to suspend 
the rules on the legislative day of September 28, 2022, 
September 29, 2022, or September 30, 2022, on which the yeas 
and nays were ordered and further proceedings postponed. The 
Chair shall put the question on any such motion without debate 
or intervening motion, and the ordering of the yeas and nays on 
postponed motions to suspend the rules with respect to such 
measures is vacated.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 3843, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    The waiver of all points of order against provisions in 
H.R. 3843, as amended, includes waivers of the following:
    --Clause 4 of rule XXI, which prohibits reporting a bill 
carrying an appropriation from a committee not having 
jurisdiction to report an appropriation.
    --Clause 5(a) of rule XXI, which prohibits a bill or joint 
resolution carrying a tax or tariff measure from being reported 
by a committee not having jurisdiction to report tax or tariff 
measures.
    The waiver of all points of order against consideration of 
H.R. 7780 includes a waiver of clause 3(d) of rule XIII, which 
requires the inclusion of committee cost estimate in a 
committee report. A CBO cost estimate on H.R. 7780 was not 
available at the time the Committee on Education and Labor 
filed its report.
    Although the resolution waives all points of order against 
provisions in H.R. 7780, as amended, 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 
amendments printed in this report to H.R.7780, the Committee is 
not aware of any points of order. The waiver is prophylactic.
    Although the resolution waives all points of order against 
consideration of S. 3969, 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 
provisions in S. 3969 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. 294

    Motion by Mr. Cole to add a section to the rule providing 
for consideration of H.R. 8517, the COCOA Act of 2022, under a 
closed rule. Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres.....................................  ............  Mr. Cole..........................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mr. Reschenthaler.................          Yea
Ms. Scanlon.....................................          Nay   Mrs. Fischbach....................          Yea
Mr. Morelle.....................................          Nay
Mr. DeSaulnier..................................          Nay
Ms. Ross........................................          Nay
Mr. Neguse......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 295

    Motion by Mr. Burgess to amend the rule to H.R. 7780 to 
make in order amendment #4, offered by Rep. Harshbarger (TN), 
which strikes the union-run multi-employer benefits plan 
exemption from the bill's prohibition on discretionary clauses 
in employee benefit plans, and strikes the collective 
bargaining agreement exemption from the bill's prohibition on 
arbitration clauses in employee benefit plans. Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres.....................................  ............  Mr. Cole..........................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mr. Reschenthaler.................          Yea
Ms. Scanlon.....................................          Nay   Mrs. Fischbach....................          Yea
Mr. Morelle.....................................          Nay
Mr. DeSaulnier..................................          Nay
Ms. Ross........................................          Nay
Mr. Neguse......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Committee record vote No. 296

    Motion by Mrs. Fischbach to amend the rule to H.R. 3843 to 
make in order amendment #1, offered by Rep. Fitzgerald (WI), 
which prohibits funds made available under the bill from being 
used for non-enforcement activities. Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres.....................................  ............  Mr. Cole..........................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mr. Reschenthaler.................          Yea
Ms. Scanlon.....................................          Nay   Mrs. Fischbach....................          Yea
Mr. Morelle.....................................          Nay
Mr. DeSaulnier..................................          Nay
Ms. Ross........................................          Nay
Mr. Neguse......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 297

    Motion by Mr. Raskin to report the rule. Adopted: 8-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres.....................................  ............  Mr. Cole..........................          Nay
Mr. Perlmutter..................................          Yea   Mr. Burgess.......................          Nay
Mr. Raskin......................................          Yea   Mr. Reschenthaler.................          Nay
Ms. Scanlon.....................................          Yea   Mrs. Fischbach....................          Nay
Mr. Morelle.....................................          Yea
Mr. DeSaulnier..................................          Yea
Ms. Ross........................................          Yea
Mr. Neguse......................................          Yea
Mr. McGovern, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

          SUMMARY OF THE AMENDMENTS TO H.R. 7780 MADE IN ORDER

    1. Porter (CA), Trone (MD), Bonamici (OR): Directs the 
Secretary of Education to study student mental health at 
institutions of higher education and to issue guidance on 
compliance with federal law for mental health and substance use 
disorder conditions. (10 minutes)
    2. Mrvan (IN): Directs the National Institute for 
Occupational Safety and Health to establish an occupational 
research program on mental health. (10 minutes)

             TEXT OF AMENDMENTS TO H.R. 7780 MADE IN ORDER

1. An Amendment To Be Offered by Representative Porter of California or 
                 Her Designee, Debatable for 10 Minutes

  Add at the end the following:

                TITLE VIII--STUDENT MENTAL HEALTH RIGHTS

SEC. 801. SHORT TITLE.

  This title may be cited as the ``Student Mental Health Rights 
Act''.

SEC. 802. FINDINGS.

  Congress finds the following:
          (1) Nearly all institutions of higher education are 
        subject to--
                  (A) the Americans with Disabilities Act of 
                1990 (42 U.S.C. 12101 et seq.);
                  (B) section 504 of the Rehabilitation Act of 
                1973 (29 U.S.C. 794); or
                  (C) the Fair Housing Act (42 U.S.C. 3601 et 
                seq.).
          (2) The laws described in paragraph (1) prohibit 
        discrimination on the basis of disability, defined as 
        ``with respect to an individual, a physical or mental 
        impairment that substantially limits one or more major 
        life activities of such individual, a record of such an 
        impairment, or being regarded as having such an 
        impairment'' under section 3(1) of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12102(1)).
          (3) Under section 2(a)(3) of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12101(a)(3)), 
        Congress found that ``discrimination against 
        individuals with disabilities persists in such critical 
        areas as employment, housing, public accommodations, 
        education, transportation, communication, recreation, 
        institutionalization, health services, voting, and 
        access to public services''.
          (4) The laws described in paragraph (1) prohibit 
        institutions of higher education from discriminating 
        against students with disabilities, including by 
        failing to provide reasonable accommodations or 
        reasonable modifications to such students so that such 
        students are able to fully participate in postsecondary 
        life.
          (5) The laws described in paragraph (1) prohibit 
        institutions of higher education from discriminating 
        against students with mental health disabilities, 
        including by failing to provide reasonable 
        accommodations or reasonable modifications to such a 
        student.
          (6) The vast majority of institutions of higher 
        education lack a comprehensive plan for addressing and 
        preventing discrimination against students with mental 
        health disabilities or who are experiencing crises, in 
        many cases--
                  (A) requiring such students to leave the 
                institution of higher education;
                  (B) evicting such students from on-campus 
                housing; and
                  (C) establishing excessive and unnecessary 
                impediments to the re-enrollment of such 
                students to the institution of higher 
                education.

SEC. 803. STUDY.

  (a) Voluntary Reporting.--Not later than 120 days after the 
date of the enactment of this Act, the Secretary shall solicit 
from students at institutions of higher education information, 
on a voluntary basis, with respect to mental health 
disabilities and substance use disorders at such institutions 
of higher education.
  (b) Requirement.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall complete a study on 
mental health disabilities and substance use disorders at 
institutions of higher education, including--
          (1) using the information voluntarily reported by 
        students under subsection (a), the prevalence of such 
        disabilities and disorders, disaggregated by type of 
        disability or disorder (including hearing difficulty, 
        vision difficulty, cognitive difficulty, ambulatory 
        difficulty, self-care difficulty, independent living 
        difficulty, mental health difficulty, and any other 
        category deemed appropriate by the Secretary), among 
        students at institutions of higher education and 
        policies to support students with respect to such 
        conditions;
          (2) the policies of institutions of higher education 
        with respect to students who, due to such a condition, 
        are considering a voluntary leave of absence or are 
        required to take a mandatory or involuntary leave of 
        absence, or return from such an absence, and compliance 
        by institutions of higher education with such policies; 
        and
          (3) best practices for supporting students at 
        institutions of higher education in managing such 
        conditions, including the effect such practices have on 
        graduation rates and degree completion.
  (c) Report.--The Secretary shall submit to the Committee on 
Education and Labor of the House of Representatives and the 
Committee on Health, Education, Labor and Pensions of the 
Senate a report on the findings of the study required by 
subsection (a).

SEC. 804. GUIDANCE.

  Not later than 180 days after the date on which the report is 
submitted under section 803(b), the Secretary shall, in 
consultation with the Assistant Attorney General of the Civil 
Rights Division of the Department of Justice, issue guidance 
on--
          (1) the compliance of institutions of higher 
        education with the Americans with Disabilities Act of 
        1990 (42 U.S.C. 12101 et seq.) and section 504 of the 
        Rehabilitation Act of 1973 (29 U.S.C. 794) with respect 
        to students with mental health disabilities;
          (2) the legal obligations of institutions of higher 
        education with respect to accommodating students with 
        mental health disabilities and students with substance 
        use disorders; and
          (3) policies of institutions of higher education 
        which may have a discriminatory impact on students with 
        mental health disabilities and students with substance 
        use disorders.

SEC. 805. DEFINITIONS.

  In this title:
          (1) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning 
        given that term in section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a)).
          (2) Secretary.--The term ``Secretary'' means the 
        Secretary of Education.
                              ----------                              


2. An Amendment To Be Offered by Representative Mrvan of Indiana or His 
                   Designee, Debatable for 10 Minutes

  Add at the end the following:

       TITLE VIII--OCCUPATIONAL RESEARCH PROGRAM ON MENTAL HEALTH

SECTION 801. OCCUPATIONAL RESEARCH PROGRAM ON MENTAL HEALTH.

  (a) In General.--The Director of the National Institute for 
Occupational Safety and Health (in this section referred to as 
the ``Institute'') shall establish a research program to 
identify and apply comprehensive approaches to support 
frontline, essential, and other affected workers across all 
industries and occupations exposed to and affected by workplace 
stressors that contribute to adverse mental health outcomes, 
including traumatic stress, anxiety, depression, suicide, and 
related mental health conditions. In designing such research 
program, the Director shall, in consultation with the heads of 
other Federal departments and agencies, as appropriate, address 
workplace stressors such as--
          (1) traumatic grief resulting from COVID-19-related 
        death or injury in the workplace;
          (2) conditions of employment or places of employment, 
        including consecutive shifts, increases in shift 
        duration, changes in workplace protocols, or increases 
        in workloads and demands due to insufficient resources, 
        which can result in fatal, near-fatal, or other serious 
        occupational injuries or illnesses; or
          (3) workplace violence or other physical and 
        psychological hazards that contribute to worker injury 
        or illness on the job, including poor mental health 
        outcomes among workers.
  (b) Best Practices and Recommendations.--As part of the 
research program established under this section, the Director 
shall develop best practices or recommendations for 
organizational-level workplace interventions and support 
services that would both prevent worker injury or illness and 
reduce the risk of such adverse mental health outcomes among 
frontline, essential, and other affected workers across all 
industries and occupations, including wraparound services, 
mental health awareness initiatives, workplace stress 
prevention programs, and training programs to promote work-
related stress prevention and reduction and organizational 
resilience, to include specific strategies for preventing 
burnout among workers.
  (c) Additional Support.--As part of such research program, 
the Director shall also coordinate and support efforts through 
other research programs carried out by the Institute, including 
the Institute's Total Worker Health program, to develop 
comprehensive, evidence-informed approaches to support mental 
and behavioral health as a part of worker wellbeing and related 
occupational safety and health programs.
  (d) Report.--Not later than 1 year after the date of 
enactment of this Act, the Director shall--
          (1) report to the Committee on Education and Labor of 
        the House of Representatives and the Committee on 
        Health, Education, Labor, and Pensions of the Senate on 
        the extent to which best practices or recommendations 
        developed pursuant to subsection (b) have been adopted 
        by relevant stakeholders; and
          (2) engage in education and outreach activities with 
        employers, health care providers, nonprofit 
        organizations, workers, labor organizations, and 
        related stakeholders to support such adoption.
  (e) Authorization of Appropriations.--To carry out this 
section, there is authorized to be appropriated $10,000,000 for 
each of fiscal years 2023 through 2025.

                                  [all]