[House Report 118-115]
[From the U.S. Government Publishing Office]


118th Congress  }                                              {   Report
                        HOUSE OF REPRESENTATIVES
 1st Session    }                                               { 118-115

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

 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3564) TO CANCEL RECENT 
CHANGES MADE BY THE FEDERAL HOUSING FINANCE AGENCY TO THE UP FRONT LOAN 
  LEVEL PRICING ADJUSTMENTS CHARGED BY FANNIE MAE AND FREDDIE MAC FOR 
GUARANTEE OF SINGLE FAMILY MORTGAGES, AND FOR OTHER PURPOSES; PROVIDING 
FOR CONSIDERATION OF THE BILL (H.R. 3799) TO AMEND THE INTERNAL REVENUE 
     CODE OF 1986 TO PROVIDE FOR HEALTH REIMBURSEMENT ARRANGEMENTS 
INTEGRATED WITH INDIVIDUAL HEALTH INSURANCE COVERAGE; AND PROVIDING FOR 
  CONSIDERATION OF THE RESOLUTION (H. RES. 461) CONDEMNING THE USE OF 
   ELEMENTARY AND SECONDARY SCHOOL FACILITIES TO PROVIDE SHELTER FOR 
            ALIENS WHO ARE NOT ADMITTED TO THE UNITED STATES

                                _______
                                

   June 20, 2023.--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. 524]

    The Committee on Rules, having had under consideration 
House Resolution 524, 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. 3564, the 
Middle Class Borrower Protection Act of 2023, under a 
structured rule. The resolution waives all points of order 
against consideration of the bill. The resolution provides one 
hour of general debate equally divided and controlled by the 
chair and ranking minority member of the Committee on Financial 
Services or their respective designees. The resolution provides 
that an amendment in the nature of a substitute consisting of 
the text of Rules Committee Print 118-8 as modified by the 
amendment printed in part A of this report, 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 further 
makes in order only those amendments printed in part B 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, 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 part B of this report. The resolution further 
provides for one motion to recommit. The resolution provides 
for consideration of H.R. 3799, the CHOICE Arrangement Act, 
under a structured rule. The resolution waives all points of 
order against consideration of the bill. The resolution 
provides eighty minutes of general debate equally divided and 
controlled by the chairs and ranking minority members of the 
Committees on Education and the Workforce or their respective 
designees and Ways and Means or their respective designees. The 
resolution provides that an amendment in the nature of a 
substitute consisting of the text of Rules Committee Print 118-
9 as modified by the amendment printed in part C of this 
report, 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 further makes in order only those amendments printed 
in part D 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, 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 part D of this report. The resolution 
provides for one motion to recommit. The resolution further 
provides for consideration of H. Res. 461, Condemning the use 
of elementary and secondary school facilities to provide 
shelter for aliens who are not admitted to the United States, 
under a closed rule. The resolution provides that upon adoption 
of this resolution it shall be in order without intervention of 
any point of order to consider H. Res. 461. The resolution 
provides that the amendments to the resolution and the preamble 
recommended by the Committee on Education and the Workforce now 
printed in the resolution shall be considered as adopted and 
the resolution, as amended, shall be considered as read. The 
resolution provides one hour of general debate equally divided 
and controlled by the chair and ranking minority member of the 
Committee on Education and the Workforce or their respective 
designees.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 3564 includes:
    --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.
    --Section 303 of the Congressional Budget Act, which 
prohibits consideration of legislation providing an increase in 
direct spending to become effective during a fiscal year until 
the budget resolution for that year has been agreed to.
    Although the resolution waives all points of order against 
provisions in H.R. 3564, 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 
the amendments printed in part B of this report, 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 
consideration of H.R. 3799, 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 H.R. 3799, 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 
the amendments printed in part D of this report, 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 
consideration of H. Res. 461, 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 H. Res. 461, as amended, 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. 66

    Motion by Mr. McGovern to amend the rule to make in order 
amendment #12 to H.R. 3799, offered by Representative McGovern, 
which prevents offer of individual coverage Heath Reimbursement 
Arrangement from excluding an employee from marketplace 
subsidies. Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................          Yea
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............          Yea
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 67

    Motion by Ms. Scanlon to amend the rule to make in order 
amendment #4 to H.R. 3799, offered by Representative Doggett, 
which clarifies coverage purchased with Individual Coverage 
Health Reimbursement Arrangements must meet the coverage 
requirements, including for pre-existing conditions, of the 
Public Health Service Act. The amendment would also prohibit 
employers from discriminating against any class of employees in 
offers of such arrangements. Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................          Yea
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............          Yea
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 68

    Motion by Ms. Leger Fernandez to amend the rule to make in 
order amendment #5 to H.R. 3799, offered by Representative 
Jayapal, which requires that Association Health Plans cover 
maternity and newborn care. Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................          Yea
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............          Yea
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 69

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

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Yea   Mr. McGovern......................          Nay
Mr. Reschenthaler...............................          Yea   Ms. Scanlon.......................          Nay
Mrs. Fischbach..................................          Yea   Mr. Neguse........................          Nay
Mr. Massie......................................          Yea   Ms. Leger Fernandez...............          Nay
Mr. Norman......................................          Yea
Mr. Roy.........................................          Yea
Mrs. Houchin....................................          Yea
Mr. Langworthy..................................          Yea
Mr. Cole, Chairman..............................          Yea
----------------------------------------------------------------------------------------------------------------

 SUMMARY OF THE AMENDMENT TO H.R. 3564 IN PART A CONSIDERED AS ADOPTED

    1. Davidson (OH): Extends Section 1327(f) of the Federal 
Housing Enterprises Financial Safety and Soundness Act of 1992 
(12 U.S.C. 4547(f)) by one year.

     SUMMARY OF THE AMENDMENTS TO H.R. 3564 IN PART B MADE IN ORDER

    1. Boebert (CO): Requires the GAO Study in Section 5 to 
also be made available to the public online. (10 minutes)
    2. Lee (NV): Requires that the GAO study assess the 
recalibrated single-family pricing framework's impact on first-
time, low-income homebuyers. (10 minutes)
    3. Lee (NV): Requires that the GAO study assess the 
recalibrated single-family pricing framework's impact on 
affordable housing preservation, rural housing, and 
manufactured housing. (10 minutes)
    4. Pettersen (CO): Prevents the legislation from being 
enacted if the FHFA Director determines that Sec. 2 would 
increase fees on middle class borrowers. (10 minutes)

 SUMMARY OF THE AMENDMENT TO H.R. 3799 IN PART C CONSIDERED AS ADOPTED

    1. Smith (MO): Rescinds $245 million from the Prevention 
and Public Health Fund in fiscal year 2024.

     SUMMARY OF THE AMENDMENTS TO H.R. 3799 IN PART D MADE IN ORDER

    1. Hayes (CT): Delays implementation of bill until 
Secretary of Labor certifies that legislation would not result 
in higher premium rates for older workers. (10 minutes)
    2. Molinaro (NY): Ensures that the Secretary notifies 
employers of the availability of tax-advantaged flexible health 
insurance benefits, with an official focus on small businesses, 
particularly in rural areas. (10 minutes)
    3. Roy (TX): Expresses the sense of Congress that 
healthcare freedom is the future of healthcare. (10 minutes)

      PART A--TEXT OF AMENDMENT TO H.R. 3564 CONSIDERED AS ADOPTED

  At the end, add the following new section:

SEC. 7. ENTERPRISE GUARANTEE FEES.

  Subsection (f) of section 1327 of the Federal Housing 
Enterprises Financial Safety and Soundness Act of 1992 (12 
U.S.C. 4547(f)) is amended by striking ``October 1, 2032'' and 
inserting ``October 1, 2033''.
                              ----------                              


         PART B--TEXT OF AMENDMENTS TO H.R. 3564 MADE IN ORDER

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

  Page 5, line 7, after ``study'' insert ``, and make the 
report publicly available online on a website of the 
Department,''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Lee of Nevada or Her 
                   Designee, Debatable for 10 Minutes

  Page 4, line 12, strike ``and''.
  Page 5, line 4, strike the period and insert ``; and''.
  Page 5, after line 4, insert the following:
          (3) assess the benefits that would accrue to first-
        time, low-income homebuyers based on the recalibrated 
        single-family pricing framework taking effect.
                              ----------                              


 3. An Amendment To Be Offered by Representative Lee of Nevada or Her 
                   Designee, Debatable for 10 Minutes

  Page 4, line 12, strike ``and''.
  Page 5, line 4, strike the period and insert ``; and''.
  Page 5, after line 4, insert the following:
          (3) assess the impacts that the recalibrated single-
        family pricing framework taking effect would have on 
        affordable housing preservation, rural housing, and 
        manufactured housing.
                              ----------                              


 4. An Amendment To Be Offered by Representative Pettersen of Colorado 
               or Her Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SEC. 7. EFFECTIVE DATE.

  (a) In General.--Sections 2 through 6 of this Act shall take 
effect, and the amendment under section 3(c), shall be made, in 
accordance with subsection (c) of this section.
  (b) Determination of Effect on Middle Class Borrowers.--
Promptly after the date of the enactment of this Act, the 
Director of the Federal Housing Finance Agency shall--
          (1) make a determination of whether allowing section 
        2 of this Act to take effect would result in increased 
        loan-level pricing adjustment fees for middle class 
        borrowers (which term, for purposes of this subsection, 
        means a borrower having a household income equal to or 
        less than 100 percent of the median income for the area 
        in which the residence subject to the mortgage loan for 
        which such fees are charged is located or, in the case 
        of high-cost areas, 140 percent of the median income 
        for such area) who are first-time homeowners; and
          (2) notify the Committee on Financial Services of the 
        House of Representatives and the Committee on Banking, 
        Housing, and Urban Affairs of the Senate, in writing, 
        of such determination.
  (c) Effectiveness.--If the determination of the Director 
submitted pursuant to subsection (b)(2) of this section is 
that--
          (1) allowing section 2 of this Act to take effect 
        would result in increased loan-level pricing adjustment 
        fees for borrowers described in subsection (b)(1) of 
        this section, sections 2 through 6 of this Act shall 
        not take effect, and the amendment under section 3(c) 
        shall not be made, and such provisions shall have no 
        force or effect; or
          (2) allowing section 2 of this Act to take effect 
        would not result in increased loan-level pricing 
        adjustment fees for borrowers described in subsection 
        (b)(1) of this section, sections 2 through 6 of this 
        Act shall take effect, and the amendment under section 
        3(c) shall be made, upon such notification.
                              ----------                              


      PART C--TEXT OF AMENDMENT TO H.R. 3799 CONSIDERED AS ADOPTED

  At the end of the bill, add the following new title:

                          TITLE V--RESCISSIONS

SEC. 501. PREVENTION AND PUBLIC HEALTH FUND.

  Section 4002(b)(7) of the Patient Protection and Affordable 
Care Act (42 U.S.C. 300u-11(b)(7)) is amended by striking ``for 
each of fiscal years 2024 and 2025, $1,300,000,000'' and 
inserting ``for fiscal year 2024, $1,055,000,000, and for 
fiscal year 2025, $1,300,000,000''.
                              ----------                              


         PART D--TEXT OF AMENDMENTS TO H.R. 3799 MADE IN ORDER

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

  Page 23, after line 13, insert:

                        TITLE V--EFFECTIVE DATE

SEC. 501. EFFECTIVE DATE.

  This Act shall not take effect unless the Secretary of Labor 
certifies that the amendments made by this Act would not result 
in higher premium rates for older workers.
                              ----------                              


2. An Amendment To Be Offered by Representative Molinaro of New York or 
                 His Designee, Debatable for 10 Minutes

    Page 22, line 17, insert ``, particularly in rural areas 
(as defined in section 1393(a)(2))'' after ``businesses".

  3. An Amendment To Be Offered by Representative Roy of Texas or His 
                   Designee, Debatable for 10 Minutes

  Page 23, after line 13, insert the following:

TITLE V--SENSE OF CONGRESS THAT AMERICANS SHALL HAVE HEALTHCARE FREEDOM

SEC. 501. SENSE OF CONGRESS THAT HEALTHCARE FREEDOM IS THE FUTURE.

  It is the sense of Congress that--
          (1) the future of healthcare lies in healthcare 
        freedom, not in socialized medicine;
          (2) Congress should take steps to address the broken 
        healthcare system by restoring free market practices to 
        lower costs;
          (3) coverage is not care, and expanding direct access 
        to healthcare should be prioritized over expanding 
        access to coverage; and
          (4) patients and doctors, not government bureaucrats 
        or insurance bureaucrats, should make healthcare 
        decisions.