79–008 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–664 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5645) TO AMEND THE 

CLAYTON ACT AND THE FEDERAL TRADE COMMISSION ACT TO PROVIDE 

THAT THE FEDERAL TRADE COMMISSION SHALL EXERCISE AUTHORITY 

WITH RESPECT TO MERGERS ONLY UNDER THE CLAYTON ACT AND 

ONLY IN THE SAME PROCEDURAL MANNER AS THE ATTORNEY GENERAL EXERCISES SUCH AUTHORITY; PROVIDING FOR CONSIDERATION 

OF THE BILL (H.R. 2152) TO REQUIRE STATES AND UNITS OF LOCAL GOVERNMENT RECEIVING FUNDS UNDER GRANT PROGRAMS OPERATED BY 

THE DEPARTMENT OF JUSTICE, WHICH USE SUCH FUNDS FOR PRETRIAL SERVICES PROGRAMS, TO SUBMIT TO THE ATTORNEY GENERAL 

A REPORT RELATING TO SUCH PROGRAM, AND FOR OTHER PURPOSES; 

AND PROVIDING FOR CONSIDERATION OF THE JOINT RESOLUTION (S.J. 

RES. 57) PROVIDING FOR CONGRESSIONAL DISAPPROVAL UNDER CHAPTER 8 OF TITLE 5, UNITED STATES CODE, OF THE RULE SUBMITTED BY 

BUREAU OF CONSUMER FINANCIAL PROTECTION RELATING TO ‘‘INDIRECT AUTO LENDING AND COMPLIANCE WITH THE EQUAL CREDIT OPPORTUNITY ACT’’ 

MAY 7, 2018.—Referred to the House Calendar and ordered to be printed 

Mr. BUCK, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 872] 

The Committee on Rules, having had under consideration House 

Resolution 872, 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. 5645, the 

Standard Merger and Acquisition Reviews Through Equal Rules 

Act of 2018, 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 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 the amendment 

printed in 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 


dlhill on DSK3GLQ082PROD with HEARING
2 

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 provides one motion to recommit with or without instructions. 

Section 2 of the resolution provides for consideration of H.R. 

2152, the Citizens’ Right to Know 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 the Judiciary. 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 the Judiciary 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 motion to recommit with or without instructions. 

Section 3 of the resolution provides for consideration of S.J. Res. 

57, providing for congressional disapproval under chapter 8 of title 

5, United States Code, of the rule submitted by Bureau of Consumer Financial Protection relating to ‘‘Indirect Auto Lending and 

Compliance with the Equal Credit Opportunity Act’’, 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 joint resolution. The resolution 

provides that the joint resolution shall be considered as read. The 

resolution waives all points of order against provisions in the joint 

resolution. The resolution provides one motion to commit. 

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against consideration of H.R. 5645, 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. 5645, 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 to H.R. 5645 printed in 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. 2152, 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. 2152, 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 consideration of S.J. Res. 57, 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 S.J. Res. 57, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 


dlhill on DSK3GLQ082PROD with HEARING
3 

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. 207 

Motion by Mr. McGovern to make in order and provide the appropriate waivers to amendment #1 to H.R. 5645, offered by Rep. 

DeLauro (CT), which adds a title to H.R. 5645 to include the Paycheck Fairness Act, which amends the Equal Pay Act of 1963. Defeated: 4–8 

Majority Members Vote Minority Members Vote 

Mr. Cole ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Collins ........................................................ ................... Mrs. Torres ....................................................... Yea 

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

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

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

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

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

Rules Committee record vote No. 208 

Motion by Rep. Torres to make in order and provide the appropriate waivers to amendment #3 to H.R. 2152, offered by Rep. 

Torres (CA), which adds a new section to prohibit excessive fees on 

ankle monitoring bracelets associated with bail bonds. Defeated: 4– 

8 

Majority Members Vote Minority Members Vote 

Mr. Cole ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Collins ........................................................ ................... Mrs. Torres ....................................................... Yea 

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

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

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

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

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

Rules Committee record vote No. 209 

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

Majority Members Vote Minority Members Vote 

Mr. Cole ............................................................ Yea Mr. McGovern ................................................... Nay 

Mr. Woodall ...................................................... Yea Mr. Hastings of Florida ................................... Nay 

Mr. Burgess ...................................................... Yea Mr. Polis ........................................................... Nay 

Mr. Collins ........................................................ ................... Mrs. Torres ....................................................... Nay 

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

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

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

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

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

SUMMARY OF THE AMENDMENT TO H.R. 5645 MADE IN ORDER

1. Goodlatte (VA): Makes a series of technical and clarifying 

changes suggested by the Federal Trade Commission (FTC). 


dlhill on DSK3GLQ082PROD with HEARING
4 

TEXT OF AMENDMENT TO H.R. 5645 MADE IN ORDER

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

Page 2, line 9, strike ‘‘7’’ and insert ‘‘15’’. 

Page 3, strike lines 2 through 10, and insert the following: 

(A) in subsection (a) by inserting ‘‘or a proceeding 

brought by the Federal Trade Commission under section 

15’’ after ‘‘United States under the antitrust laws’’; and 

(B) in subsection (i) by inserting ‘‘or a proceeding instituted by the Federal Trade Commission under section 15’’ 

after ‘‘antitrust laws’’; 

Page 3, strike lines 11 through 22, and insert the following: 

(3) Section 11 of the Clayton Act (15 U.S.C. 21) is amended— 

(A) in subsection (b) by striking ‘‘Whenever’’ and inserting ‘‘Except as provided in subsection (m), whenever’’, and 

(B) by adding at the end the following: 

‘‘(m) The Federal Trade Commission may not use the procedures 

for administrative adjudication set forth in subsection (b) of this 

section to prevent the consummation of a proposed merger, acquisition, joint venture, or similar transaction that is subject to section 

7, unless the complaint is accompanied by a consent agreement between the Commission and a party to the transaction that resolves 

all the violations alleged in the complaint. The Federal Trade Commission may institute proceedings in a district court under section 

15 to prevent the consummation of such a transaction. In any such 

proceeding the district court shall apply the same standard for 

granting injunctive relieve as applicable to a proceeding brought by 

the United States attorneys under section 15. The Federal Trade 

Commission may issue an administrative complaint under this section if the complaint is accompanied by a consent agreement between the Federal Trade Commission and a party to the transaction settling the alleged violations.’’; 

Page 3, line 23, strike ‘‘(including’’ and insert ‘‘or’’. 

Page 4. beginning on line 1, strike ‘‘with respect to a violation 

of section 7)’’ and insert ‘‘under section 15’’. 

Page 4, strike lines 3 through 5, and insert the following: 

(5) in section 15, by inserting ‘‘and the duty of the Federal 

Trade Commission with respect to the consummation of a proposed merger, acquisition, joint venture, or similar transaction 

that is subject to section 7 and not yet consummated,’’ after 

‘‘General’’. 

Page 5, strike lines 12 through 14, and insert the following: 

(4) in section 16(a)(2)— 

(A) in subparagraph (D) by striking ‘‘or’’ at the end, 

(B) in subparagraph (E) by adding ‘‘or’’ at the end, and 

(C) by adding at the end the following: 

‘‘(F) under section 15 of the Clayton Act (15 U.S.C. 25);’’. 

Æ 


dlhill on DSK3GLQ082PROD with HEARING