[House Report 118-3]
[From the U.S. Government Publishing Office]


118th Congress }                                          { Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                          { 118-3

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  PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 185) TO TERMINATE THE 
REQUIREMENT IMPOSED BY THE DIRECTOR OF THE CENTERS FOR DISEASE CONTROL 
AND PREVENTION FOR PROOF OF COVID-19 VACCINATION FOR FOREIGN TRAVELERS, 
   AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE JOINT 
 RESOLUTION (H.J. RES. 24) DISAPPROVING THE ACTION OF THE DISTRICT OF 
    COLUMBIA COUNCIL IN APPROVING THE LOCAL RESIDENT VOTING RIGHTS 
  AMENDMENT ACT OF 2022; AND PROVIDING FOR CONSIDERATION OF THE JOINT 
 RESOLUTION (H.J. RES. 26) DISAPPROVING THE ACTION OF THE DISTRICT OF 
  COLUMBIA COUNCIL IN APPROVING THE REVISED CRIMINAL CODE ACT OF 2022

                                _______
                                

  February 7, 2023.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 97]

    The Committee on Rules, having had under consideration 
House Resolution 97, by a record vote of 9 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 H.R. 185, the 
To terminate the requirement imposed by the Director of the 
Centers for Disease Control and Prevention for proof of COVID-
19 vaccination for foreign travelers, and for other purposes, 
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 Energy and Commerce 
or their respective designees. The resolution waives all points 
of order against consideration of H.R. 185. The resolution 
provides that H.R. 185 shall be considered as read. The 
resolution waives all points of order against provisions in 
H.R. 185. The resolution further 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 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 in the 
House or in the Committee of the Whole. All points of order 
against the amendments are waived. The resolution provides for 
one motion to recommit. The resolution further provides for 
consideration of H.J. Res. 24, disapproving the action of the 
District of Columbia Council in approving the Local Resident 
Voting Rights Amendment Act of 2022, under a closed rule. The 
resolution provides one hour of general debate equally divided 
and controlled by the chair and ranking minority member of the 
Committee on Oversight and Accountability or their respective 
designees. The resolution waives all points of order against 
consideration of the joint resolution. The resolution provides 
that the joint resolution shall be considered as read. The 
resolution waives all points of order against provisions in 
H.J. Res. 24. The resolution provides that pursuant to section 
604(h) of the Home Rule Act, a motion to recommit is not in 
order to the joint resolution if under consideration while the 
act of the D.C. Council is within the congressional review 
period prescribed in section 602 of such Act. The resolution 
further provides for consideration of H.J. Res. 26, 
disapproving the action of the District of Columbia Council in 
approving the Revised Criminal Code Act of 2022, under a closed 
rule. The resolution provides one hour of general debate 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Oversight and 
Accountability or their respective designees. The resolution 
waives all points of order against consideration of H.J. Res. 
26. The resolution provides that H.J. Res. 26 shall be 
considered as read. The resolution waives all points of order 
against provisions in H.J. Res. 26. The resolution provides 
that pursuant to section 604(h) of the Home Rule Act, a motion 
to recommit is not in order to the joint resolution if under 
consideration while the act of the D.C. Council is within the 
congressional review period prescribed in section 602 of such 
Act.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 185, 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. 185, 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 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.J. Res. 24, 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.J. Res. 24, 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.J. Res. 26, 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 H.J. Res. 26, 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. 13

    Motion by Mr. Langworthy to report the rule. Adopted: 9-3

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Yea   Mr. McGovern......................          Nay
Mr. Reschenthaler...............................          Yea   Ms. Scanlon.......................          Nay
Mrs. Fischbach..................................          Yea   Mr. Neguse........................  ............
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 AMENDMENTS TO H.R. 185 MADE IN ORDER

    1. McGovern (MA): Clarifies that this legislation will not 
affect the authority of the Centers for Disease Control and 
Prevention to mandate vaccination requirements against any 
other disease in the future for noncitizens who are 
nonimmigrants entering the U.S. (10 minutes)
    2. Boebert (CO): Requires CDC to produce a report to 
Congress on the number of visitors denied entry under this 
policy. (10 minutes)
    3. Perez (WA), Golden (ME): Eliminates the prohibition on 
future rulemaking. (10 minutes)
    4. Rose (TN): Clarifies that nothing in the underlying bill 
impacts the CDC order requiring a pre-departure COVID-19 test 
for people traveling from the People's Republic of China. (10 
minutes)
    5. Torres (CA): Requires the Secretary of the Department of 
Health and Human Services to certify that such provision will 
not result in an increase in hospitalizations due to COVID-19 
prior to the provisions of section 1 taking effect. (10 
minutes)

              TEXT OF AMENDMENTS TO H.R. 185 MADE IN ORDER

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

  Page 2, after line 22, add the following:
  (d) Rule of Construction.--Nothing in this section shall be 
construed to affect the authority of the Centers for Disease 
Control and Prevention to mandate vaccination requirements 
against any other disease for noncitizens who are nonimmigrants 
seeking to enter the United States by air travel for the sake 
of public health.
                              ----------                              


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

  Page 2, after line 22, add the following:

SEC. 2. REPORT.

  Not later than 90 days after the date of the enactment of 
this Act, the Director of the Centers for Disease Control and 
Prevention shall submit a report to Congress on the number of 
visitors denied entry under the order specified in subsection 
(c)(1) during the period beginning on April 7, 2022, and ending 
on the date of the enactment of this Act.
                              ----------                              


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

  Page 2, line 8, strike ``specified in--'' and all that 
follows through ``(1) the order'' line 9 and insert ``specified 
in the order''.
  Page 2, line 17, strike ``; or'' and insert a period.
  Page 2, strike line 18 and all that follows through line 22.
  Page 2, after line 22, add the following:
  (d) Nonapplicability to Subsequent Orders.--Subsections (a) 
and (b) shall not apply to any successor or subsequent order of 
the Centers for Disease Control and Prevention to that 
specified in subsection (c) which requires foreign persons 
traveling by air to show proof of COVID-19 vaccination as a 
condition on entering the United States.
                              ----------                              


 4. An Amendment To Be Offered by Representative Rose of Tennessee or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following new section:

SEC. 2. RULE OF CONSTRUCTION.

  Nothing in this Act may be construed to suggest that the 
provisions of section 1 shall effect the order issued by the 
Director of the Centers for Disease Control and Prevention 
entitled ``Requirements for Negative Pre-Departure COVID-19 
Test Results or Documentation of Recovery from COVID-19 for 
Aircraft Passengers Traveling to the United States From the 
People's Republic of China'' and published in the Federal 
Register on January 5, 2023 (88 Fed. Reg. 864) for proof of 
negative pre-departure COVID-19 test results or documentation 
of recovery from COVID-19 for aircraft passengers traveling to 
the United States from the People's Republic of China or 
departing from a designated airport if such passenger has been 
in the People's Republic of China within the 10 days prior to 
departure for the United States.
                              ----------                              


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

  Add at the end the following new section:

SEC. 2. EFFECTIVE DATE.

  The provisions of section 1 shall not take effect until the 
date on which the Secretary of Health and Human Services 
submits to Congress a certification that such provisions will 
not result in an increase in hospitalizations due to COVID-19.

                                  [all]