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[House Report 115-363]
[From the U.S. Government Publishing Office]

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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 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. 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.
    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: 4-8

----------------------------------------------------------------------------------------------------------------
                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. 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. Sec. Sec.  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)
    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 low-income and 
                rural communities; and
                  (B) facilitate economic development in 
                locations without sufficient access to such 
                service.
                              ----------                              

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-pres.--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)''.
  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))''.
  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.

                                  [all]
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