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[House Report 115-559]
[From the U.S. Government Publishing Office]

115th Congress   }                                     {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                     {       115-559

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    PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 620) TO AMEND THE 
 AMERICANS WITH DISABILITIES ACT OF 1990 TO PROMOTE COMPLIANCE THROUGH 
 EDUCATION, TO CLARIFY THE REQUIREMENTS FOR DEMAND LETTERS, TO PROVIDE 
FOR A NOTICE AND CURE PERIOD BEFORE THE COMMENCEMENT OF A PRIVATE CIVIL 
ACTION, AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL 
 (H.R. 3299) TO AMEND THE REVISED STATUTES, THE HOME OWNERS' LOAN ACT, 
THE FEDERAL CREDIT UNION ACT, AND THE FEDERAL DEPOSIT INSURANCE ACT TO 
 REQUIRE THE RATE OF INTEREST ON CERTAIN LOANS REMAIN UNCHANGED AFTER 
      TRANSFER OF THE LOAN, AND FOR OTHER PURPOSES; PROVIDING FOR 
    CONSIDERATION OF THE BILL (H.R. 3978) TO AMEND THE REAL ESTATE 
  SETTLEMENT PROCEDURES ACT OF 1974 TO MODIFY REQUIREMENTS RELATED TO 
    MORTGAGE DISCLOSURES, AND FOR OTHER PURPOSES; AND PROVIDING FOR 
PROCEEDINGS DURING THE PERIOD FROM FEBRUARY 16, 2018, THROUGH FEBRUARY 
                                23, 2018

                                _______
                                

 February 13, 2018.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

         Mr. Collins of Georgia, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 736]

    The Committee on Rules, having had under consideration 
House Resolution 736, by a record vote of 7 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. 620, the 
ADA Education and Reform Act of 2017, 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 the Judiciary. 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 makes in order only those amendments 
printed in part A 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 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. The resolution waives 
all points of order against the amendments printed in part A of 
this report. The resolution provides one motion to recommit 
with or without instructions.
    Section 2 of the resolution provides for consideration of 
H.R. 3299, the Protecting Consumers' Access to Credit Act of 
2017, under a closed rule. The resolution provides one hour of 
debate equally divided and controlled by the chair and ranking 
minority member of the Committee on Financial Services. The 
resolution waives all points of order against consideration of 
the bill. The resolution provides that the bill shall be 
considered as read. The resolution waives all points of order 
against provisions in the bill. The resolution provides one 
motion to recommit.
    Section 3 of the resolution provides for consideration of 
H.R. 3978, the TRID Improvement Act of 2017, under a structured 
rule. The resolution provides one hour of debate equally 
divided and controlled by the chair and ranking minority member 
of the Committee on Financial Services. The resolution waives 
all points of order against consideration of the bill. The 
resolution provides that an amendment in the nature of a 
substitute consisting of the text of Rules Committee Print 115-
59, modified by the amendment printed in part B 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 makes in order only the further amendment printed in 
part C of this report, if offered by the Member designated in 
this report, which 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. The resolution waives all points of 
order against the amendment printed in part C of this report. 
The resolution provides for one motion to recommit with or 
without instructions.
    Section 4 of the resolution provides that on any 
legislative day during the period from February 16, 2018, 
through February 23, 2018: the Journal of the proceedings of 
the previous day shall be considered as approved; and the Chair 
may at any time declare the House adjourned to meet at a date 
and time to be announced by the Chair in declaring the 
adjournment.
    Section 5 of the resolution provides that the Speaker may 
appoint Members to perform the duties of the Chair for the 
duration of the period addressed by section 4 of the resolution 
as though under clause 8(a) of rule I.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 620, 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. 620, 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 to H.R. 620 printed in part A 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. 3922, 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. 3922, 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. 3978, 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. 3978 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 amendment printed in part C of this report, 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. 192

    Motion by Mr. Cole to report the rule. Adopted: 7-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Woodall.....................................          Yea   Mr. McGovern......................          Nay
Mr. Burgess.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Collins.....................................          Yea   Mr. Polis.........................          Nay
Mr. Byrne.......................................  ............
Mr. Newhouse....................................          Yea
Mr. Buck........................................          Yea
Ms. Cheney......................................          Yea
Mr. Sessions, Chairman..........................  ............
----------------------------------------------------------------------------------------------------------------

     SUMMARY OF THE AMENDMENTS TO H.R. 620 IN PART A MADE IN ORDER

    1. Denham (CA): Ensures the Department of Justice's 
Disability Rights Section takes action, to the extent 
practicable, to make ADA compliance publications available in 
languages commonly used by owners and operators of U.S. 
businesses. (10 minutes)
    2. Langevin (RI): Removes the requirement that a person who 
claims discrimination must first provide written notice that 
allows 60 days for an owner to acknowledge receipt of the 
complaint and 120 days to demonstrate substantial progress in 
removing the barrier before legal action may be pursued. (10 
minutes)
    3. Foster (IL): Allows for punitive damages for 
noncompliance after the cure period. (10 minutes)
    4. Speier (CA), Schrader (OR), Bera (CA), Sinema (AZ): 
Clarifies that the defendant is still liable if the defendant 
fails to make substantial progress to remove the barrier. (10 
minutes)
    5. Bera (CA), Schrader (OR), Peters, Scott (CA), Sinema 
(AZ): Shortens the timeline from 180 to 120 total days. (10 
minutes)
    6. McMorris Rodgers (WA): Strikes the requirement that the 
written notices of alleged violation include the specific 
sections of the ADA alleged to have been violated. (10 minutes)
    7. Hartzler (MO): Allows the use of portable pool lifts and 
allows the sharing of lifts between pools and spas to satisfy 
the pool accessibility requirements under the Americans with 
Disabilities Act for places of public accommodation. (10 
minutes)

 SUMMARY OF THE AMENDMENT TO H.R. 3978 IN PART B CONSIDERED AS ADOPTED

    Hill (AR): Reduces the amount of money that the SEC can 
deposit in its ``Reserve Fund'' to a maximum of $48 million for 
the current fiscal year (FY 18), and directs any amounts that 
exceed that limitation from the SEC to the Treasury General 
Fund, and strike Title VI.

     SUMMARY OF THE AMENDMENT TO H.R. 3978 IN PART C MADE IN ORDER

    1. Foster (IL), Scott, David (GA): Clarifies that the 
requirement applies only to proprietary source code related to 
algorithmic trading, which contains prescriptive information. 
(10 minutes)

          PART A--TEXT OF AMENDMENTS TO H.R. 620 MADE IN ORDER

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

  Page 3, line 7, strike ``Based on existing funding'' and 
insert the following:
  (a) In General.--Based on existing funding
  Page 3, insert after line 18 the following:
  (b) Materials Provided in Other Languages.--The Disability 
Rights Section of the Department of Justice shall take 
appropriate actions, to the extent practicable, to make 
technical assistance publications relating to compliance with 
this Act and the amendments made by this Act available in all 
the languages commonly used by owners and operators of United 
States businesses.
                              ----------                              

   2. An Amendment To Be Offered by Representative Langevin of Rhode 
            Island or His Designee, Debatable for 10 Minutes

  Page 3, strike line 19 and all that follows through page 6, 
line 2.
                              ----------                              

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

  Page 4, line 10, insert after ``in violation of section 303'' 
the following: ``, except that if a violation continues to 
occur after the expiration of the applicable period provided 
for under subparagraph (B), the court may, in addition to any 
other available relief, award punitive damages in such amount 
as the court determines appropriate''.
                              ----------                              

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

    Page 5, line 12, insert after ``barrier or'' the following: 
``, in the case of a barrier, the removal of which requires 
additional time as a result of circumstances beyond the control 
of the owner or operator, fails''.
                              ----------                              

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

    Page 5, line 15, strike ``120'' and insert ``60''.
                              ----------                              

  6. An Amendment To Be Offered by Representative McMorris Rodgers of 
          Washington or Her Designee, Debatable for 10 Minutes

    Page 5, beginning on line 22, strike ``the specific 
sections of the Americans with Disabilities Act alleged to have 
been violated,''.
                              ----------                              

7. An Amendment To Be Offered by Representative Hartzler of Missouri or 
                 Her Designee, Debatable for 10 Minutes

  Add, at the end of the bill, the following:

SEC. 6. REVISION OF RULES.

  (a) In General.--Not later than 60 days after the date of 
enactment of this Act, the Attorney General shall revise 
section 36.304 of title 28, Code of Federal Regulations, and 
any other appropriate rules in part 36 of such title to provide 
that--
          (1) a place of public accommodation that has a pool 
        and uses a portable pool lift on request shall be in 
        compliance with the requirement under such rules to 
        provide an accessible means of entry to such pool, even 
        if installation of a permanent lift is readily 
        achievable; and
          (2) a place of public accommodation that has more 
        than one pool and uses one portable pool lift on 
        request for all such pools shall be in compliance with 
        the requirement under such rules to provide an 
        accessible means of entry to each such pool.
  (b) Pool Defined.--The term ``pool'' means a swimming pool, 
wading pool, sauna, steam room, spa, wave pool, lazy river, 
sand bottom pool, other water amusement, or any other man-made 
body of water to which part 36 of title 28, Code of Federal 
Regulations, requires places of public accommodation to provide 
an accessible means of entry.

      PART B--TEXT OF AMENDMENT TO H.R. 3978 CONSIDERED AS ADOPTED

  Insert after section 1 the following:

SEC. 2. SECURITIES AND EXCHANGE COMMISSION RESERVE FUND.

  Notwithstanding section 4(i)(2)(B)(i) of the Securities 
Exchange Act of 1934 (15 U.S.C. 78d(i)(2)(B)(i)), the amount 
deposited in the Securities and Exchange Commission Reserve 
Fund for fiscal year 2018 may not exceed $48,000,000.
  Strike title VI.

          PART C--TEXT OF AMENDMENT TO H.R. 3978 MADE IN ORDER

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

  Page 3, line 4, strike ``source code, including''.
  Page 3, line 6, insert ``algorithmic trading'' before 
``source code''.
  Page 3, line 15, strike ``source code, including''.
  Page 3, line 17, insert ``algorithmic trading'' before 
``source code''.
  Page 3, line 25, strike ``source code, including''.
  Page 4, line 2, insert ``algorithmic trading'' before 
``source code''.
  Page 4, line 11, strike ``source code, including''.
  Page 4, line 13, insert ``algorithmic trading'' before 
``source code''.

                                  [all]
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