[House Report 118-656]
[From the U.S. Government Publishing Office]


118th Congress }                                             { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                             { 118-656

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



 
  PROVIDING FOR CONSIDERATION  OF THE BILL (H.R. 1398) TO ESTABLISH 
   THE CCP INITIATIVE PROGRAM,  AND FOR OTHER  PURPOSES;  PROVIDING 
   FOR CONSIDERATION  OF THE BILL  (H.R. 1425) TO REQUIRE  ANY CON-
   VENTION,  AGREEMENT,  OR   OTHER   INTERNATIONAL  INSTRUMENT  ON 
   PANDEMIC  PREVENTION,  PREPAREDNESS,  AND  RESPONSE  REACHED  BY
   THE WORLD  HEALTH  ASSEMBLY TO BE  SUBJECT TO  SENATE  RATIFICA-
   TION; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1516) TO ES-
   TABLISH   DEPARTMENT  OF  HOMELAND  SECURITY  FUNDING   RESTRIC-
   TIONS  ON  INSTITUTIONS OF  HIGHER EDUCATION  THAT  HAVE A RELA-
   TIONSHIP  WITH  CONFUCIUS INSTITUTES,  AND FOR  OTHER  PURPOSES; 
   PROVIDING  FOR  CONSIDERATION  OF THE  BILL (H.R. 7980) TO AMEND 
   THE  INTERNAL  REVENUE  CODE  OF 1986  TO EXCLUDE  VEHICLES  THE 
   BATTERIES  OF  WHICH  CONTAIN  MATERIALS  SOURCED  FROM  PROHIB- 
   ITED  FOREIGN  ENTITIES FROM  THE  CLEAN  VEHICLE  CREDIT;  PRO-
   VIDING  FOR CONSIDERATION OF THE  BILL (H.R. 9456) TO  AMEND THE 
   DEFENSE  PRODUCTION  ACT OF 1950  WITH  RESPECT  TO  FOREIGN IN-
   VESTMENTS IN  UNITED STATES  AGRICULTURE,  AND  FOR  OTHER  PUR-
   POSES; AND  PROVIDING FOR CONSIDERATION OF THE  BILL (H.R. 9494) 
   MAKING  CONTINUING  APPROPRIATIONS  FOR  FISCAL  YEAR  2025, AND 
   FOR OTHER PURPOSES

                                _______
                                

 September 10, 2024.--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. 1430]

    The Committee on Rules, having had under consideration 
House Resolution 1430, 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. 1398, the 
Protect America's Innovation and Economic Security from CCP Act 
of 2024, 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 the Judiciary or their respective designees. The 
resolution provides that, in lieu of the amendment in the 
nature of a substitute recommended by the Committee on the 
Judiciary now printed in the bill, an amendment in the nature 
of a substitute consisting of the text of Rules Committee Print 
118-45 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 the amendments printed in part A 
of the report. Each amendment shall be considered only in the 
order printed in the report, may be offered only by a Member 
designated in the report, 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. All points of order against the 
amendments printed in part A of the report are waived. The 
resolution provides for one motion to recommit. The resolution 
further provides for consideration of H.R. 1425, the No WHO 
Pandemic Preparedness Treaty Without Senate Approval Act, 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 Foreign 
Affairs or their respective designees. The resolution provides 
that an amendment in the nature of a substitute consisting of 
the text of Rules Committee Print 118-44 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 the amendments printed in part B of the report. Each 
amendment shall be considered only in the order printed in the 
report, may be offered only by a Member designated in the 
report, 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. All points of order against the amendments 
printed in part B of the report are waived. The resolution 
provides for one motion to recommit. The resolution further 
provides for consideration of H.R. 1516, the DHS Restrictions 
on Confucius Institutes and Chinese Entities of Concern Act, 
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 Homeland Security or their respective designees. 
The resolution provides that, in lieu of the amendment in the 
nature of a substitute recommended by the Committee on Homeland 
Security now printed in the bill pursuant to Part II of House 
Report 118-319, an amendment in the nature of a substitute 
consisting of the text of Rules Committee Print 118-46 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 the amendments printed in part C of 
the report. Each amendment shall be considered only in the 
order printed in the report, may be offered only by a Member 
designated in the report, 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. All points of order against the 
amendments printed in part C of the report are waived. The 
resolution provides for one motion to recommit. The resolution 
further provides for consideration of H.R. 7980, the End 
Chinese Dominance of Electric Vehicles in America Act of 2024, 
under a closed rule. The resolution waives all points of order 
against consideration of the bill. The resolution provides that 
the amendment in the nature of a substitute recommended by the 
Committee on Ways and Means now printed in the bill 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 hour of general debate equally divided and 
controlled by the chair and ranking minority member of the 
Committee on Ways and Means or their respective designees. The 
resolution provides for one motion to recommit. The resolution 
further provides for consideration of H.R. 9456, the Protecting 
American Agriculture from Foreign Adversaries Act of 2024, 
under a closed rule. 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 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 for one motion to recommit. The 
resolution further provides for consideration of H.R. 9494, the 
Continuing Appropriations and Other Matters Act, 2025, under a 
closed rule. The resolution waives all points of order against 
consideration of the bill. The resolution provides that the 
amendment printed in part D of the 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 provides one 
hour of general debate equally divided and controlled by the 
chair and ranking minority member of the Committee on 
Appropriations or their respective designees. The resolution 
provides for one motion to recommit.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 1398, 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. 1398, 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 A of the 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. 1425, 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. 1425, 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 the 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. 1516, 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. 1516, 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 C of the 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. 7980, 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. 7980, as amended, 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. 9456 includes:
    --Clause 12 of rule XXI, which prohibits consideration of a 
bill or joint resolution pursuant to a special order of 
business reported by the Committee on Rules that has not been 
reported by a committee.
    Although the resolution waives all points of order against 
provisions in H.R. 9456, 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. 9494, 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. 9494, 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. 265

    Motion by Mr. McGovern to amend the rule to make in order 
amendment #8 to H.R. 1516, offered by Representative Crockett, 
which provides that Federal Emergency Management Agency funds 
are not restricted or prohibited for institutions of higher 
learning under subsection (b). Defeated: 4-9

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

Rules Committee record vote No. 266

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

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

   SUMMARY OF THE AMENDMENTS TO H.R. 1398 IN PART A MADE IN 
                           ORDER

    1. Gottheimer (NJ): Amends bill report to include 
information about public and private sector cooperation. (10 
minutes)
    2. Gottheimer (NJ): Amends bill report to include 
information about CCP's financial intelligence capabilities. 
(10 minutes)
    3. Molinaro (NY): Adds to the annual report an assessment 
on the economic loss to the United States as a result of 
hacking and trade secret theft by the Chinese Communist Party. 
(10 minutes)
    4. Molinaro (NY): Adds to section 2 a requirement to 
identify intellectual property theft of small businesses by the 
Chinese Communist Party. (10 minutes)
    5. Donalds (FL): Includes an analysis of national security 
risks on CCP unmanned aircraft and associated elements in the 
national airspace system. (10 minutes)
    6. Mills (FL): Requires the CCP Initiative to investigate 
investments made by Chinese companies and subsidiaries listed 
on the Bureau of Industry and Security's Entity List and the 
DOD's PRC Military Companies list. (10 minutes)

   SUMMARY OF THE AMENDMENTS TO H.R. 1425 IN PART B MADE IN 
                           ORDER

    1. Ogles (TN): Offers a statement of policy in support of 
Taiwan's full participation at the WHO. (10 minutes)
    2. Foxx (NC): Clarifies that no WHO convention, agreement, 
or treaty should have force or effect in U.S. law before or 
unless the Senate ratifies said treaty. (10 minutes)
    3. Massie (KY): Adds to the findings of Congress an outline 
of the constitutional role for the legislative and executive 
branches in the treaty-making process. (10 minutes)

   SUMMARY OF THE AMENDMENTS TO H.R. 1516 IN PART C MADE IN 
                           ORDER

    1. Gottheimer (NJ): Adds the Delegitimization of U.S.-
Taiwan Relations to List of Qualifications for ``Entities of 
Concern.'' (10 minutes)
    2. Stauber (MN): Amends the definition of ``Chinese 
entities of concern'' in Section 2 to include ``aides, abets, 
or enables the detention, imprisonment, persecution, or forced 
labor of Uyghur Muslims.'' (10 minutes)
    3. Crockett (TX): Adds engaging in efforts to interfere in 
U.S. federal, state, and local elections to List of 
Qualifications for ``Entities of Concern.'' (10 minutes)
    4. Huizenga (MI): Requires the Secretary of Homeland 
Security to report to Congress any institution of higher 
education that has a relationship with a Confucius Institute or 
Chinese entity of concern and receives funds from the 
Department of Homeland Security. (10 minutes)
    5. Cline (VA): Adds the Chinese Academy of Sciences to the 
bill's definition of a ``Chinese entity of concern.'' (10 
minutes)
    6. Nunn (IA): Adds the Thousand Talents Program to the list 
of restricted, Chinese Entities of Concern. (10 minutes)

 SUMMARY OF THE AMENDMENT TO H.R. 9494 IN PART D CONSIDERED 
                       AS ADOPTED

    1. Cole (OK): Extends the Temporary Assistance for Needy 
Families (TANF) program for the duration of the continuing 
resolution.

         PART A--TEXT OF AMENDMENTS TO H.R. 1398 MADE IN ORDER

   1. An Amendment To Be Offered by Representative Gottheimer of New 
            Jersey or His Designee, Debatable for 10 Minutes

  Page 4, line 6, strike ``and'' at the end.
  Page 4, line 8, strike the period at the end and insert ``; 
and''.
  Page 4, insert after line 8 the following:
          (6) the level and effectiveness of coordination and 
        information sharing between Government agencies and 
        private companies about economic espionage threats.
                              ----------                              


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

  Page 4, line 4, insert ``and the financial intelligence 
capabilities of'' after ``the status of efforts by''.
                              ----------                              


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

  Page 4, line 6, strike ``and'' at the end.
  Page 4, line 8, strike the period at the end and insert ``; 
and''.
  Page 4, insert after line 8 the following:
          (6) an assessment of the economic loss to the United 
        States as a result of hacking and trade secret theft by 
        the Chinese Communist Party.
                              ----------                              


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

  Page 2, line 16, strike ``and'' at the end.
  Page 2, line 20, strike the period at the end and insert ``; 
and''.
  Page 2, insert after line 20, the following:
                  (C) identifying Chinese Communist Party theft 
                of intellectual property from small businesses.
                              ----------                              


 5. An Amendment To Be Offered by Representative Donalds of Florida or 
                 His Designee, Debatable for 10 Minutes

  Page 4, line 6, strike ``; and'' and insert a semicolon.
  Page 4, after line 6, insert the following (and redesignate 
accordingly):
          (_) an analysis of the use of unmanned aircraft and 
        associated elements (including communication links and 
        the components that control the unmanned aircraft 
        required for the operator to operate safely and 
        efficiently in the national airspace system) by the 
        CCP; and
                              ----------                              


6. An Amendment To Be Offered by Representative Mills of Florida or His 
                   Designee, Debatable for 10 Minutes

  Page 2, line 12, strike ``and'' at the end.
  Page 2, line 20, strike the period at the end and insert ``; 
and''.
  Page 2, insert after line 20 the following:
          (7) investigate investments made by Chinese companies 
        included on the Entity List maintained by the Bureau of 
        Industry and Security of the Department of Commerce or 
        the People's Republic of China Military Companies list 
        maintained by the Department of Defense, and report to 
        the Secretary of Commerce and the Secretary of Defense 
        on any findings of such investigations, including 
        findings related to subsidiaries or other entities 
        controlled by such companies, whether or not such 
        subsidiaries or other entities are registered in or 
        operate in the People's Republic of China.

         PART B--TEXT OF AMENDMENTS TO H.R. 1425 MADE IN ORDER

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

  Redesignate section 4 as section 5 and insert after section 3 
the following:

SEC. 4. STATEMENT OF POLICY.

  It is the policy of the United States to unequivocally 
support Taiwan's full participation in the World Health 
Organization.
                              ----------                              


2. An Amendment To Be Offered by Representative Foxx of North Carolina 
               or Her Designee, Debatable for 10 Minutes

  Add at the end the following:

SEC. 5. NO FORCE OR EFFECT TO TREATY PRIOR TO RATIFICATION.

  Notwithstanding any other provision of law, any convention, 
agreement, or other international instrument on pandemic 
prevention, preparedness, and response deemed to be a treaty by 
section 4--
          (1) shall have no force or effect under the laws of 
        the United States before the date on which such treaty 
        is ratified with the advice and consent of the Senate; 
        and
          (2) may not be used, prior to such date, to establish 
        or demonstrate the existence of a violation of United 
        States law or an offense against the law of nations in 
        United States courts, including--
                  (A) to establish standing, a cause of action, 
                or damages as a matter of law; or
                  (B) to demonstrate whether an action by a 
                Federal agency is arbitrary or capricious, an 
                abuse of discretion, or otherwise not in 
                accordance with law.
                              ----------                              


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

  Page 6, after line 17, insert the following:
          (12) Article II, Section 2 of the United States 
        Constitution provides that the President ``shall have 
        Power, by and with the Advice and Consent of the 
        Senate, to make Treaties, provided two-thirds of the 
        Senators present concur''.
          (13) Alexander Hamilton writes in Federalist Paper 
        #75 regarding the Treaty Making Powers of the Executive 
        that ``Its objects are CONTRACTS with foreign nations, 
        which have the force of law, but derive it from the 
        obligations of good faith. They are not rules 
        prescribed by the sovereign to the subject, but 
        agreements between sovereign and sovereign. The power 
        in question seems therefore to form a distinct 
        department, and to belong, properly, neither to the 
        legislative nor to the Executive. The qualities 
        elsewhere detailed as indispensable in the management 
        of foreign negotiations, point out the Executive as the 
        most fit agent in those transactions; while the vast 
        importance of the trust, and the operation of treaties 
        as laws, plead strongly for the participation of the 
        whole or a portion of the legislative body in the 
        office of making them''.
          (14) If any provisions of a treaty are to have legal 
        bearing on United States citizens those provisions must 
        pass both the United States House of Representatives 
        and the Senate and be presented to the President, as 
        all Federal laws must.
          (15) The United States Constitution establishes a 
        clear framework for making treaties by the Executive 
        and with the advice and consent of the Senate. This 
        process is indispensable for the Founders' vision of 
        constitutional government.
          (16) The United States House of Representatives does 
        not vote for, ratify, affirm, or consent to treaties.

         PART C--TEXT OF AMENDMENTS TO H.R. 1516 MADE IN ORDER

   1. An Amendment To Be Offered by Representative Gottheimer of New 
            Jersey or His Designee, Debatable for 10 Minutes

  Page 2, line 3, strike ``or''.
  Page 2, line 7, strike the period and insert ``; or''.
  Page 2, beginning line 8, insert the following:
                  (F) purposefully undermines the United 
                States' relationship with Taiwan.
                              ----------                              


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

  Page 2, line 3, strike ``or''.
  Page 2, line 7, strike the period and insert ``; or''.
  Page 2, beginning line 8, insert the following:
                  (F) aids, abets, or enables the detention, 
                imprisonment, persecution, or forced labor of 
                Uyghur Muslims in the People's Republic of 
                China.
                              ----------                              


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

  Page 2, line 3, strike ``or''.
  Page 2, line 7, strike the period and insert ``; or''.
  Page 2, beginning line 8, insert the following:
                  (F) willfully and knowingly engages in 
                malicious activities, including online 
                disinformation campaigns and propaganda, for 
                the purpose of interfering with United States 
                Federal, State, or local elections.
                              ----------                              


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

  Add at the end of section 2 the following:
  (c) Report.--The Secretary of Homeland Security shall submit 
to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report containing 
information regarding any institution of higher education that 
has a relationship with a Confucius Institute or Chinese entity 
of concern and receives funds from the Department of Homeland 
Security.
                              ----------                              


 5. An Amendment To Be Offered by Representative Cline of Virginia or 
                 His Designee, Debatable for 10 Minutes

  Page 2, line 3, strike ``or''.
  Page 2, line 7, strike the period and insert ``; or''.
  Page 2, beginning line 8, insert the following:
                  (F) is affiliated with the Chinese Academy of 
                Sciences.
                              ----------                              


  6. An Amendment To Be Offered by Representative Nunn of Iowa or His 
                   Designee, Debatable for 10 Minutes

  In section 2(a), add at the end the following:
          (5) Thousand talents program.--The term ``Thousand 
        Talents Program'' means any technological or 
        educational program funded or administered by the 
        Chinese Communist Party's Ministry of Industry and 
        Information Technology.
  In section 2(b), insert ``, Thousand Talents Program,'' after 
``Confucius Institute'' each place such term appears.

      PART D--TEXT OF AMENDMENT TO H.R. 9494 CONSIDERED AS ADOPTED

  Page 23, after line 5, insert the following new section:
  Sec. ___.  Activities authorized by part A of title IV (other 
than under section 403(c) or 418) and section 1108(b) of the 
Social Security Act shall continue through the date specified 
in section 106(3), in the manner authorized for fiscal year 
2024, and out of any money in the Treasury of the United States 
not otherwise appropriated, there are hereby appropriated such 
sums as may be necessary for such purpose.

                                  [all]