79–008 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–363 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 469) TO IMPOSE CERTAIN LIMITATIONS ON CONSENT DECREES AND SETTLEMENT AGREEMENTS BY AGENCIES THAT REQUIRE THE AGENCIES TO TAKE REGULATORY ACTION IN ACCORDANCE WITH THE TERMS THEREOF, AND FOR 

OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF THE BILL 

(H.R. 732) TO LIMIT DONATIONS MADE PURSUANT TO SETTLEMENT 

AGREEMENTS TO WHICH THE UNITED STATES IS A PARTY, AND FOR 

OTHER PURPOSES 

OCTOBER 23, 2017.—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. 577] 

The Committee on Rules, having had under consideration House 

Resolution 577, by a record vote of 8 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. 469, the Sunshine for Regulations and Regulatory Decrees and Settlements 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 makes in order as original text for the purpose 

of amendment an amendment in the nature of a substitute consisting of the text of Rules Committee Print 115–34 and provides 

that it shall be considered as read. The resolution waives all points 

of order against that amendment in the nature of a substitute. The 

resolution makes in order only those further 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 printVerDate Sep 11 2014 05:39 Oct 24, 2017 Jkt 079006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR363.XXX HR363
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ed 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. 732, 

the Stop Settlement Slush Funds 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 amendments recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted, and 

provides that 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 those further 

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 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 B of this report. The resolution provides one motion to recommit with or without instructions. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of H.R. 

469 includes waivers of the following: 

• Section 302(f) of the Congressional Budget Act, which prohibits consideration of legislation providing new budget authority in excess of a 302(a) allocation of such authority. 

• Clause 10 of rule XXI, which prohibits the consideration of 

a bill if it has the net effect of increasing mandatory spending 

over a ten-year period. CBO estimates that under the bill, direct spending will increase by about $1 million over the next 

10 years. 

The waiver of all points of order against the amendment in the 

nature of a substitute to H.R. 469 made in order as original text 

includes a waiver of clause 7 of rule XVI, which requires that no 

motion or proposition on a subject different from that under consideration shall be admitted under color of amendment. It is important to note that while the waiver is necessary, Rules Committee 

Print 115–34 contains the text of H.R. 469 and H.R. 1096 as reported by the Committee on the Judiciary; and H.R. 4070, as introduced. 

Although the resolution waives all points of order against the 

amendments 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. 732, 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. 732, as amended, the Committee is not aware of any 

points of order. The waiver is prophylactic in nature. 

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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. 

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. 123 

Motion by Ms. Slaughter to strike the waiver of all points of 

order for H.R. 469, which includes waivers of clause 10 of rule XXI 

(CutGo), section 302(f) of the Congressional Budget Act; and clause 

7 of rule XVI (germaneness); and strike the waiver of all points of 

order for H.R. 732. Defeated: 4–7 

Majority Members Vote Minority Members Vote 

Mr. Cole ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Woodall ...................................................... ................... Mr. McGovern ................................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Collins ........................................................ ................... Mr. Polis ........................................................... Yea 

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... Nay 

Mr. Buck ........................................................... Nay 

Ms. Cheney ....................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 124 

Motion by Mr. McGovern to make in order and provide the appropriate waivers to amendment #9 to H.R. 469, offered by Rep. 

Lieu (CA), which prohibits money from being paid by the U.S. 

Judgment Fund to any entity that is owned by the President, the 

Vice President, an officer or employee of the executive branch of 

the U.S. Government, or any immediate family member of the 

President or Vice President. Defeated: 4–8 

Majority Members Vote Minority Members Vote 

Mr. Cole ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Woodall ...................................................... Nay Mr. McGovern ................................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Collins ........................................................ ................... Mr. Polis ........................................................... Yea 

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... Nay 

Mr. Buck ........................................................... Nay 

Ms. Cheney ....................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 125 

Motion by Mr. Hastings to make in order and provide the appropriate waivers to amendment #5 to H.R. 732, offered by Rep. 

Jayapal (WA), which exempts settlements that direct funds to 

faith-based and other community organizations that have been approved by the U.S. Department of Housing and Urban Development to provide assistance to current or potential homeowners, 

particularly for the purpose of providing foreclosure prevention assistance or instruction on avoiding predatory lending. Defeated: 4– 

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Majority Members Vote Minority Members Vote 

Mr. Cole ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Woodall ...................................................... Nay Mr. McGovern ................................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Collins ........................................................ ................... Mr. Polis ........................................................... Yea 

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... Nay 

Mr. Buck ........................................................... Nay 

Ms. Cheney ....................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 126 

Motion by Mr. Cole to report the rule. Adopted: 8–4 

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 ........................................................ ................... Mr. Polis ........................................................... Nay 

Mr. Byrne .......................................................... Yea 

Mr. Newhouse ................................................... Yea 

Mr. Buck ........................................................... Yea 

Ms. Cheney ....................................................... Yea 

Mr. Sessions, Chairman ................................... Yea 

SUMMARY OF THE AMENDMENTS IN PART A TO H.R. 469 MADE IN

ORDER

1. Goodlatte (VA): Clarifies the application of 5 USC 552a (The 

Privacy Act) to the bill. (10 minutes) 

2. Conyers (MI): Calls for exception for consent decrees or settlement agreements relating to the enforcement of civil rights laws. 

(10 minutes) 

3. Johnson, Hank (GA): Exempts any consent decree or covered 

settlement agreement pertaining to a deadline established by Congress to significantly improve access to high-speed broadband in 

under-served markets, such as low-income and rural communities; 

and to facilitate economic development in locations without sufficient access to such service. (10 minutes) 

4. McEachin (VA): Exempts any consent decree or settlement 

agreement pertaining to the improvement or maintenance of air or 

water quality. (10 minutes) 

5. Loebsack (IA): Creates an exception for consent decrees or settlement agreements relating to standards that apply under the Renewable Fuel Standard program. (10 minutes) 

6. Cartwright (PA): Creates additional exception for consent decrees or settlement agreements entered into pursuant to Meese Policy (28 C.F.R. §§ 0.160–0.163 (2017)). (10 minutes) 

SUMMARY OF THE AMENDMENTS IN PART B TO H.R. 732 MADE IN

ORDER

1. Goodlatte (VA): Prohibits Cy Pres distributions in cases where 

money is simply left over and the settlement contains no specific 

provision on its disposition and clarifies that payments made must 

not only be remedial but must actually go to the victims who suffered the injury. (10 minutes) 

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2. Cohen (TN): Exempts settlement agreements based on race, 

religion, national origin, or any other protected category. (10 minutes) 

3. Johnson, Hank (GA): Exempts a settlement agreement that directs funds to remediate the indirect harms caused by the manipulation of ignition standards on automobiles. (10 minutes) 

4. Jackson Lee (TX): Exempts settlement agreements that pertain to providing restitution for a State. (10 minutes) 

5. Cicilline (RI): Exempts settlements in relation to the predatory 

or fraudulent conduct involving residential mortgage-backed securities. (10 minutes) 

6. Conyers (MI): Exempts settlements that direct funds to remedy the indirect harms of unlawful conduct resulting in an increase 

in the amount of lead in public drinking water. (10 minutes) 

PART A—TEXT OF AMENDMENTS TO H.R. 469 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GOODLATTE OF VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 16, line 2, insert after ‘‘otherwise prohibited by law’’ the following: ‘‘(other than section 552a of title 5, United States Code)’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CONYERS

JR. OF MICHIGAN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 11, insert after ‘‘settlement agreement’’ the following: ‘‘(except as provided in subsection (g))’’. 

Add at the end of the bill the following: 

(g) EXCEPTION.—The provisions of this Act do not apply in the 

case of a settlement agreement that directs funds to remediate the 

indirect harms caused by unlawful conduct resulting in an increase 

in the amount of lead in public drinking water. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JOHNSON

OF GEORGIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 17, strike ‘‘; and’’ and insert ‘‘, other than an excepted consent decree or settlement agreement;’’. 

Page 4, line 4, strike the period and insert ‘‘; and’’. 

Page 4, insert after line 4 the following: 

(6) the term ‘‘excepted consent decree or settlement agreement’’ means a covered consent decree or covered settlement 

agreement pertaining to a deadline established by Congress 

through the enactment of a Federal statute to— 

(A) significantly improve access to affordable, high-speed 

broadband internet in under-served markets, such as lowincome and rural communities; and 

(B) facilitate economic development in locations without 

sufficient access to such service. 

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4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCEACHIN

OF VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 17, strike ‘‘; and’’ and insert ‘‘, other than an excepted consent decree or settlement agreement;’’. 

Page 4, line 4, strike the period and insert ‘‘; and’’. 

Page 4, insert after line 4 the following: 

(6) the term ‘‘excepted consent decree or settlement agreement’’ means a covered consent decree or covered settlement 

agreement pertaining to the improvement or maintenance of 

air or water quality. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LOEBSACK

OF IOWA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 17, strike ‘‘; and’’ and insert ‘‘, other than an excepted consent decree or settlement agreement;’’. 

Page 4, line 4, strike the period and insert ‘‘; and’’. 

Page 4, insert after line 4 the following: 

(6) the term ‘‘excepted consent decree or settlement agreement’’ means a covered consent decree or covered settlement 

agreement pertaining the enforcement of standards under the 

Renewable Fuel Standard program operated by the Environmental Protection Agency pursuant to section 211 of the Clean 

Air Act (42 U.S.C. 7545). 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CARTWRIGHT OF PENNSYLVANIA OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 3, line 17, strike ‘‘; and’’ and insert ‘‘, other than an excepted consent decree or settlement agreement;’’. 

Page 4, line 4, strike the period and insert ‘‘; and’’. 

Page 4, insert after line 4 the following: 

(6) the term ‘‘excepted consent decree or settlement agreement’’ means a covered consent decree or covered settlement 

agreement entered into pursuant to sections 0.160 through 

0.163 of title 28, Code of Federal Regulations (commonly referred to as the ‘‘Meese Policy’’). 

PART B—TEXT OF AMENDMENTS TO H.R. 732 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GOODLATTE OF VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 17, insert ‘‘and, to the extent any victim thereof was 

an identifiable person, suffered by the payee or lendee,’’ before ‘‘or 

constitutes’’. 

Page 3, insert after line 19 the following (and redesignate succeeding subsections accordingly): 

(b) LIMITATION ON CY-PRE`S.—Amounts remaining after all claims 

have been satisfied shall be repaid proportionally to each party 

who contributed to the original payment. 

Page 3, line 21, insert after ‘‘subsection (a)’’ the following: ‘‘or 

(b)’’. 

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Page 4, line 1, strike ‘‘and (b)’’ and insert ‘‘, (b), and (c)’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COHEN OF

TENNESSEE OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 11, insert after ‘‘settlement agreement’’ the following: ‘‘(except as provided in subsection (g))’’. 

Add at the end of the bill the following: 

(g) EXCEPTION.—The provisions of this Act do not apply in the 

case of a settlement agreement in relation to discrimination based 

on race, religion, national origin, or any other protected category. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JOHNSON

OF GEORGIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 11, insert after ‘‘settlement agreement’’ the following: ‘‘(except as provided in subsection (g))’’. 

Add at the end of the bill the following: 

(g) EXCEPTION.—The provisions of this Act do not apply in the 

case of a settlement agreement that directs funds to remediate the 

indirect harms caused by unlawful conduct, including the intentional bypassing, defeating, or rendering inoperative a required element of a vehicle’s emissions control system in violation of section 

203 of the Clean Air Act (42 U.S.C. 7522). 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON

LEE OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 11, insert after ‘‘settlement agreement’’ the following: ‘‘(other than an excepted settlement agreement)’’. 

Page 4, strike line 4, and insert the following: 

(d) DEFINITIONS.—In this Act: 

(1) The term ‘‘excepted settlement agreement’’ means a settlement agreement that pertains to providing restitution for a 

State. 

(2) The term ‘‘settlement agreement’’ 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CICILLINE

OF RHODE ISLAND OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 11, insert after ‘‘settlement agreement’’ the following: ‘‘(except as provided in subsection (g))’’. 

Add at the end of the bill the following: 

(g) EXCEPTION.—The provisions of this Act do not apply in the 

case of a settlement agreement that resolves the criminal or civil 

liability of a financial institution for the predatory or fraudulent 

packaging, securitization, marketing, sale and issuance of residential mortgage-backed securities. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CONYERS

JR. OF MICHIGAN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 11, insert after ‘‘settlement agreement’’ the following: ‘‘(except as provided in subsection (g))’’. 

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Add at the end of the bill the following: 

(g) EXCEPTION.—The provisions of this Act do not apply in the 

case of a settlement agreement that directs funds to remediate the 

indirect harms caused by unlawful conduct resulting in an increase 

in the amount of lead in public drinking water. 

Æ