Providing for Consideration of H.R. Merger Filing Fee Modernization Act of Providing for Consideration of H.R. Mental Health Matters Act; and Providing for Consideration of S. Pava Program Inclusion Act; and for Other Purposes
Floor Speech
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Mr. DeSAULNIER. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1396 and ask for its immediate consideration.
The Clerk read the resolution, as follows: H. Res. 1396
Resolved, That upon adoption of this resolution it shall be in order to consider in the House the bill (H.R. 3843) to promote antitrust enforcement and protect competition through adjusting premerger filing fees, and increasing antitrust enforcement resources. All points of order against consideration of the bill are waived. 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 117-66 shall be considered as adopted. The bill, as amended, shall be considered as read. All points of order against provisions in the bill, as amended, are waived. The previous question shall be considered as ordered on the bill, as amended, and on any further amendment thereto, to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their respective designees; and (2) one motion to recommit.
Sec. 2. At any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union 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. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Education and Labor or their respective designees. After general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 117-67 shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule and shall be considered as read. All points of order against provisions in the bill, as amended, are waived. No further amendment to the bill, as amended, shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such further amendment may be offered 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 in the House or in the Committee of the Whole. All points of order against such further amendments are waived. 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. In the case of sundry further amendments reported from the Committee, the question of their adoption shall be put to the House en gros and without division of the question. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit.
Sec. 3. 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 and Labor or his designee. The Chair may not entertain a motion to strike out the enacting words of the bill (as described in clause 9 of rule XVIII).
Sec. 4. Upon adoption of this resolution it shall be in order to consider in the House 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. All points of order against consideration of the bill are waived. The bill shall be considered as read. All points of order against provisions in the bill are waived. The previous question shall be considered as ordered on the bill and on any amendment thereto to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on House Administration or their respective designees; and (2) one motion to commit.
Sec. 5. 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.
Sec. 6. The Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by section 5 of this resolution as though under clause 8(a) of rule I.
Sec. 7. Each day during the period addressed by section 5 of this resolution shall not constitute a calendar day for purposes of section 7 of the War Powers Resolution (50 U.S.C. 1546).
Sec. 8. Each day during the period addressed by section 5 of this resolution shall not constitute a legislative day for purposes of clause 7 of rule XIII.
Sec. 9. Each day during the period addressed by section 5 of this resolution shall not constitute a calendar or legislative day for purposes of clause 7(c)(1) of rule XXII.
Sec. 10. (a) At any time through the legislative day of Friday, September 30, 2022, the Speaker may entertain motions offered by the Majority Leader or a designee that the House suspend the rules as though under clause 1 of rule XV with respect to multiple measures described in subsection (b), and the Chair shall put the question on any such motion without debate or intervening motion.
(b) A measure referred to in subsection (a) includes any measure that was the object of a motion to suspend the rules on the legislative day of September 28, 2022, September 29, 2022, or September 30, 2022, in the form as so offered, on which the yeas and nays were ordered and further proceedings postponed pursuant to clause 8 of rule XX.
(c) Upon the offering of a motion pursuant to subsection (a) concerning multiple measures, the ordering of the yeas and nays on postponed motions to suspend the rules with respect to such measures is vacated to the end that all such motions are considered as withdrawn.
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Mr. DeSAULNIER. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentlewoman from Minnesota (Mrs. Fischbach), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only. General Leave
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Mr. DeSAULNIER. Mr. Speaker, yesterday, the Rules Committee met and reported a rule, House Resolution 1396, providing for consideration of three measures.
First, the rule provides for consideration of H.R. 7780 under a structured rule. The rule provides 1 hour of general debate equally divided and controlled by the chair and the ranking minority member of the Committee on Education and Labor, and makes in order two amendments, and provides one motion to recommit.
Second, the rule provides for consideration of H.R. 3843 under a closed rule. The rule provides 1 hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary and a motion to recommit.
Third, the rule provides for consideration of S. 3969 under a closed rule. The rule provides 1 hour of general debate equally divided and controlled by the chair and the ranking minority member of the Committee on House Administration and a motion to commit.
The rule provides the majority leader or his designee the ability to en bloc requested roll call votes on suspension bills considered on September 28 to September 30. This authority lasts through September 30, 2022.
Lastly, the rule provides standard recess instructions from October 3 to November 11.
Mr. Speaker, an average of 18 young Americans took their own lives every day in 2020. When children take their own lives, families and communities are left broken. This includes the community of Moorhead, Minnesota, which faced the devastating loss of 13-year old Horizon Middle School student Jacoby Blake to suicide just last year.
These sad stories happen all over this country in all of our districts. Mental health disorders, as a whole, are a common cause of death. It is estimated by CDC that 8 million deaths worldwide, which represents about 14.3 of total annual deaths, are attributable to mental disorders.
Even before the pandemic, the unmet mental and behavioral health needs of young people, students, and teachers, were a serious problem.
In talking with teachers in the district I represent in the East Bay of the San Francisco Bay area, it is clear that this problem has become a crisis. Teachers, administrators, and parents, often tell me that dealing with their students and their children's and their own mental and behavioral health challenges is among the most difficult things they deal with every day.
The data, unfortunately, backs up these stories. Teachers are saying, just last year, almost half of the students experienced persistent sadness or hopelessness, and nearly 20 percent seriously considered suicide.
Think of that, Mr. Speaker. Almost one in four American children have considered suicide in the last 2 years.
At the same time, 27 percent of teachers reported symptoms of depression, which is significantly higher than average adults, and those numbers have been growing.
Despite these warning signs, over 60 percent of children experiencing major depression do not receive any form of mental health treatment, and only 22 percent of teachers reported receiving emotional support from their school, their school district, or professional staff.
This is at a time when investments in the National Institute of Mental Health is discovering exponential information about how our brains work, how they cognitively develop, and the danger to trauma.
We are not getting this information out to the people who need it the most. We know that when people get treatment, they succeed. They overcome their difficulties.
As a Nation, we are underinvesting in the resources our students need, and our communities, our parents, our teachers, our administrators, to stay healthy, to succeed in school, and retain talented teachers and professionals and make sure that future Americans grow and are ready to carry on the legacy that we have inherited from former generations.
While the School Social Work Association of America recommends a ratio of 250 students per social worker, not one single State meets this recommended ratio. The national average is 2,106 of students per social worker; 2,106, as opposed to the recommended average of 250.
I am proud this week that the House is advancing my legislation, the Mental Health Matters Act, to confront this crisis head on, to give communities and parents and teachers the resources they need.
This bill was drafted with the needs of students, parents, and teachers in mind and is the product of months of careful consideration about how Congress can best respond to our Nation's mental health crisis.
This legislation before us would expand the school-based mental and behavioral health workforce, promote accessibility for students with disabilities, provide resources to address trauma in young children, and strengthen the ability of Americans with employer-sponsored insurance to access mental health and substance use disorder treatments they are statutorily entitled to.
From my discussions with mental health professionals over the years and research that has informed this legislation, it is clear that failure to address these challenges at a young age can harm performance at school and work and lead to ever worsening mental and behavioral health outcomes later in life for individuals and for our country.
Anxiety and reading disorders co-occur in approximately 25 percent of students. For individuals whose reading challenges persist into adulthood, there is a greater likelihood of depression, low self- esteem, and difficulty in social functioning.
To break this cycle, a provision I authored would help Head Start agencies implement evidence-based interventions to improve the health of children and staff.
While investment is needed for greater access to school-based mental health and behavioral health, individuals and families with employer- sponsored health insurance must also have robust access to treatment outside of school.
Some insurers, unfortunately, have placed arbitrary coverage limits on mental and behavioral health care, making it hard for patients to access treatment in the same way they would for physical ailments. This legislation makes great strides in the fight for mental health parity so that families can focus more on staying healthy and less on battling insurers for coverage.
Mental health and suicide prevention are deeply personal issues for me, having lost my own father to suicide almost 34 years ago. In advancing this bill, it is my hope that we can prevent many families from having to experience what mine went through several decades ago.
Also included in today's rule is the Merger Filing Fee Modernization Act. This bipartisan bill would increase the filing fee that large corporations must pay the Federal Trade Commission in order to conduct a merger.
A recent surge in merger filings has placed a strain on the FTC's resources, and updating the fee schedule will help the agency cope with its many demands.
Finally, we will also consider the PAVA Program Inclusion Act under the rule. This Senate-passed legislation would help ensure that all programs designed to help voters with disabilities can access Federal funds regardless of their location.
Unfortunately, programs designed to help individuals with disabilities vote who are Native Americans or who live in the Northern Mariana Islands are not currently able to access the Protection and Advocacy for Voting Access funds in the same manner as other Federal programs. The PAVA Program Inclusion Act will fix this injustice, and passing this bill will send it to President Biden's desk to be signed into law.
Mr. Speaker, we have a great opportunity this week to make transformative investments in our Nation's future and our mental health and pass other commonsense legislation.
I appreciate the comments from my friend.
Just on the mental health part, we did have hearings in the subcommittee I am proud to chair, the Subcommittee on Health, Employment, Labor, and Pensions. We have had ongoing discussions with both the ranking member of that subcommittee and the ranking member of the full committee, so I think this is to be continued.
I would say on the mental health part of the rule, the urgency is right now, as I outlined in my opening comments. It is something we will have to continue to work with and hopefully will in good faith because all of these issues are on mental health, particularly for young people. I have agreed in my conversations with my friends, the ranking members, Ms. Foxx and Mr. Allen, and I look forward to continuing that. I think there is a real urgency on that.
On the trust, I respectfully disagree. Given the level of inequality in this country right now, I think it is really important that we support competition in the marketplace, and the Federal Trade Commission needs the resources to make sure that that happens.
The PAVA bill obviously has bipartisan support.
On all of these bills, I am anxious to get them off the floor today as a rule and look forward to seeing the continued debate tomorrow on the specific bills and the outcome of those bills.
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Mr. DeSAULNIER. Mr. Speaker, I always say that I respect and admire my friend from the San Francisco Bay Area. Sometimes, we disagree.
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Mr. DeSAULNIER. Mr. Speaker, I include in the Record the names and correspondence of several organizations I will mention just briefly. These are 40 different organizations that have written to Congress in support of H.R. 3843, the Merger Filing Fee Modernization Act.
Amongst them are Accountable Tech, American Trust Institute, American Family Voices, Artist Rights Alliance, Center for Democracy and Technology, Center for Digital Democracy, Common Sense Media, Consumer Action, Consumer Reports, Free Press Action, Open Markets Institute, Our Revolution, the Service Employees International Union, the International Brotherhood of Teamsters, and the Writers Guild of America West, amongst others. We have covered a broad group here.
These organizations include:
Accountable Tech, American Antitrust Institute, American Economic Liberties Project, American Family Voices, Artist Rights Alliance, Asian Pacific American Labor Alliance, AFL- CIO, Athena, Campaign for Family Farms and the Environment, Center for Democracy & Technology, Center for Digital Democracy, Center for Economic and Policy Research, Common Sense Media, Consumer Action.
Consumer Reports, Demand Progress, Demos, Economic Security Project Action, Electronic Privacy Information Center (EPIC), Farm Action Fund, Fight for the Future, Free Press Action, Future of Music Coalition, Institute for Local Self-Reliance, International Brotherhood of Teamsters, National Grocers Association, New York Communities for Change.
Open Markets Institute, Our Revolution, P Street/ Progressive Change Campaign Committee, People's Parity Project, Public Citizen, Public Knowledge, Revolving Door Project, Service Employees International Union, The Democratic Coalition, The Tech Oversight Project, UltraViolet Action, Writers Guild of America West (WGAW).
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Mr. DeSAULNIER. Mr. Speaker, I include in the Record The Washington Post article titled: ``U.S. arrests along Mexico border top 2 million a year for first time.'' [From the Washington Post, Sept. 19, 2022]
U.S. Arrests Along Mexico Border Top 2 Million a Year for First Time (By Nick Miroff)
U.S. authorities made more than 2 million immigration arrests along the southern border during the past 11 months, marking the first time annual enforcement statistics have exceeded that threshold, according to figures provided by senior Biden administration officials Monday.
In August, U.S. Customs and Border Protection detained 203,598 migrants crossing from Mexico, the latest figures show, putting authorities on pace to tally more than 2.3 million arrests during the government's 2022 fiscal year, which ends Sept. 30. The total, which includes some people apprehended more than once, far exceeds last year's record of more than 1.7 million arrests.
The historic migration wave this year has been driven by soaring numbers of border-crossers from outside Mexico and Central America, the two largest traditional sources of illegal entries. Migrants from Venezuela, Nicaragua and Cuba accounted for more than one-third of those taken into custody along the southern border last month, according to Customs and Border Protection, a 175 percent increase over August 2021.
Biden administration officials blamed the governments of those countries, whose strained relations with Washington severely limit the ability of authorities to send them deportees. Many of the migrants apply for humanitarian protection in the United States and tend to have strong asylum claims.
``Failing communist regimes in Venezuela, Nicaragua, and Cuba are driving a new wave of migration across the Western Hemisphere, including the recent increase in encounters at the southwest U.S. border,'' Customs and Border Protection Commissioner Chris Magnus, said in a statement. ``Those fleeing repressive regimes pose significant challenges for processing and removal,'' he said, using the official term for deportations.
Biden administration officials continue to insist they are building a ``safe, orderly and humane'' immigration system while blaming the Trump administration for ``dismantling'' channels for legal migration.
Critics say Biden administration officials have fallen far short of meeting their refugee admission goals, and the number of migrants who have died this year attempting to cross into the United States is at an all-time high. Scores have drowned in the Rio Grande in recent months, and 53 were killed in June when smugglers in Texas packed migrants into a sweltering tractor trailer with a failing cooling system.
Republican lawmakers blame the record number of crossings on President Biden's reversal of Trump administration border policies. Over the past several months, the Republican governors of Texas and Arizona have sent more than 10,000 migrants on buses to Washington, New York and other northern destinations to put pressure on Democrats by straining relief services in their jurisdictions.
Last week, Florida Gov. Ron DeSantis (R) shipped a planeload of Venezuelans to Martha's Vineyard in Massachusetts, transporting them to a wealthy island enclave with limited services for migrants.
Biden administration officials also say the high border numbers are distorted by repeat crossing attempts by migrants who have been previously arrested. Last month, 22 percent of those taken into custody had a prior arrest in the previous 12 months, the latest figures show.
One factor Biden administration officials blame for the repeat crossings is the Title 42 emergency public health policy, implemented at the start of the pandemic, that allows U.S. agents to rapidly ''expel'' some migrants back to Mexico. The Biden administration's attempt to phase out Title 42 was blocked in federal court last spring.
The latest figures show the percentage of border-crossers expelled under Title 42 has been falling and remains far lower under Biden than President Donald Trump. About 36 percent of the 203,598 migrant ``encounters'' resulted in an expulsion last month, down from 83 percent when Biden took office.
Sen. John Cornyn (R-Tex.), said Monday that the strain on Democratic-run cities will force the administration to see the border surge as a crisis. ``Maybe, just maybe, they'll see that what's happening along our border every day is dangerous, unsustainable, and a problem that we need to work on together to address,'' he said.
Biden officials defending the administration's border record pointed to a decline in the number of Mexican and Central American migrants arrested over the past three months as a sign their enforcement policies are having some success, including efforts to target smuggling organizations in Latin America.
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Mr. DeSAULNIER. Mr. Speaker, the numbers don't lie. If the annual number of apprehensions at the border is set to break records, that means fewer migrants are making it into the country. The notion that Biden is doing nothing is just absolutely not true.
Just secondarily, my good friend and co-chair of the Cancer Survivors Caucus from Georgia, we have a wonderful relationship. On this I agree, but I disagree on the process. As somebody who has spent a lot of time on opioid abuse, and we know that in our experience with people like myself who survived cancer, particularly more painful ones, that is a product when used properly that can bring relief to people, but we know about the abuse. As you said, a lot of that led to fentanyl.
We are against illegal drugs hurting Americans. We want to support effective remedies to that. I would say that one of the most effective things we can do--having had a long experience personally and professionally in behavioral health--is to invest in the kind of bill we have in front of us--with all due respect, with my name on it--to get upstream, so we make sure that people have the resources, evidence- based resources. So it is not as subjective to get the services they need to protect themselves in an, unfortunately, far-too-free market when it comes to the abuse of both legal and illegal drugs.
With all due respect, again, I am happy to work with the gentleman, but I really think, from my perspective, it is an argument to engage in the investment in behavioral health and mental health services. I will still work with the gentleman to make sure people aren't bringing these awful products across our border.
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Mr. DeSAULNIER. Madam Speaker, I yield myself such time as I may consume. I would say in brief response that I have great respect, obviously, for our emergency responders. I appreciate what the gentlewoman's husband does for a living and what they have to go through. We all agree that we have to support thoughtful oversight to stop these drugs from getting into the hands of people who it can do great damage.
I have been to the border multiple times, both as a Member of Congress and as a member of the California State Legislature. We have a problem, and it has been a problem through Republican administrations and Democratic administrations, both in State houses in the border States and here in Washington, D.C.
We are not for open borders. We want to stop people being harmed by illicit drugs. So the idea that we are not, I would respectfully say that is not accurate.
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Mr. DeSAULNIER. Madam Speaker, I yield myself the balance of my time.
I will read a few numbers, particularly on the part of the rule that is the Mental Health Matters Act, which I am proud to be the author of with Chairman Scott.
Suicide is the second leading cause of death for ages of Americans 10 to 24; second for 12 to 18.
For adolescents, depression, substance abuse, and suicide are extremely important concerns--an epidemic, I would say--among adolescents age 12 to 17.
In 2018 to 2019, 15.1 percent of young Americans had major depressive episodes; 36.7 had persistent feelings of sadness and hopelessness; 4.1 had a substance abuse disorder; 18 percent seriously considered attempting suicide; 16 percent made a suicide plan; and 10 percent attempted suicide.
Madam Speaker, 10 percent of America's young people have attempted suicide; 2.5 percent made suicide attempts requiring medical treatment.
For all those reasons, the part of the rule that is the Mental Health Matters Act is extremely important to this country. Is it perfect? Of course not, from every perspective of 535 Members of Congress and 435 Members of the House. But the need is too urgent, in my view, to wait. That is why it is so important that not just this rule passes but the bill is passed.
We need to put resources in the FTC with the most income inequality and consolidation of wealth through mergers. Not always in our best interest. It is important that the FTC has the resources it needs to actually enforce the statutes as they currently have.
Madam Speaker, we need to help Americans, and specifically teachers and students, get back to doing what they do best, teaching and learning.
The legislation before us on the rule will help provide the resources to improve mental health outcomes and educational attainment.
Madam Speaker, I urge a ``yes'' vote on the rule and the previous question.
The material previously referred to by Mrs. Fischbach is as follows: Amendment to House Resolution 1396
At the end of the resolution, add the following:
Sec. 11. Immediately upon adoption of this resolution, the House shall proceed to the consideration in the House of the bill (H.R. 6184) to amend the Controlled Substances Act with respect to the scheduling of fentanyl-related substances, and for other purposes. All points of order against consideration of the bill are waived. The bill shall be considered as read. All points of order against provisions in the bill are waived. The previous question shall be considered as ordered on the bill and on any amendment thereto to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce; and (2) one motion to recommit.
Sec. 13. Clause 1(c) of rule XIX shall not apply to the consideration of H.R. 6184.
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Mr. DeSAULNIER. Madam Speaker, I yield back the balance of my time, and I move the previous question on the resolution.
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