H. Res. 577: H.R. 469 – Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2017; H.R. 732 – Stop Settlement Slush Funds Act of 2017

COMMITTEE ACTION: REPORTED BY A RECORD VOTE OF 8-4 on Monday, October 23, 2017.

FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 227-190 AFTER ORDERING THE PREVIOUS QUESTION BY A RECORD VOTE OF 228-189 on Tuesday, October 24, 2017.

MANAGERS: Hastings/Collins

115th Congress

1st Session

Rule

H. RES. 577

Report No. 115-363

 

H.R. 469 - Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2017

H.R. 732 -Stop Settlement Slush Funds Act of 2017

  1. Structured rule for H.R. 469.
  2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary.
  3. Waives all points of order against consideration of the bill.
  4. 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.
  5. Waives all points of order against that amendment in the nature of a substitute.
  6. Makes in order only those further amendments printed in part A of the Rules Committee report. Each such 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.
  7. Waives all points of order against the amendments printed in part A of the report.
  8. Provides one motion to recommit with or without instructions.
  9. Structured rule for H.R. 732.
  10. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary.
  11. Waives all points of order against consideration of the bill.
  12. 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.
  13. Waives all points of order against provisions in the bill, as amended.
  14. Makes in order only those further amendments printed in part B of the Rules Committee report. Each such 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.
  15. Waives all points of order against the amendments printed in part B of the report.
  16. Provides one motion to recommit with or without instructions.

 

RESOLUTION

Resolved, That 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. 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. 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 the Judiciary. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of the text of Rules Committee Print 115-34. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. No amendment to that amendment in the nature of a substitute shall be in order except those printed in part A of the report of the Committee on Rules accompanying this resolution. Each such 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 amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. 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 with or without instructions.

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. 732) to limit donations made pursuant to settlement agreements to which the United States is a party, and for other purposes. 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 the Judiciary. After general debate the bill shall be considered for amendment under the five-minute rule. The amendments recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, 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 part B of 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. The previous question shall be considered as ordered on the bill, as amended, and any further amendment thereto to final passage without intervening motion except one motion to recommit with or without instructions.

 

SUMMARY OF AMENDMENTS IN PART A TO H.R. 469 PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

1. Goodlatte (VA)

#8

(LATE) Clarifies the application of5 USC 552a (The Privacy Act) to the bill.

(10 minutes)

2. Conyers (MI)

#4

Calls for exception for consent decrees or settlement agreements relating to the enforcement of civil rights laws.

(10 minutes)

3. Johnson, Hank (GA)

#1

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)

#3

Exempts any consent decree or settlement agreement pertaining to the improvement or maintenance of air or water quality.

(10 minutes)

5. Loebsack (IA)

#5

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)

#7

(LATE) Creates additional exception for consent decrees or settlement agreements entered into pursuant to Meese Policy (28 C.P.R. §§ 0.160-0.163 (2017)).

(10 minutes)

 

SUMMARY OF AMENDMENTS IN PART B TO H.R. 732 PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

1. Goodlatte (VA)

#8

(LATE) 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)

#1

Exempts settlement agreements based on race, religion, national origin, or any other protected category.

(10 minutes)

3. Johnson, Hank (GA)

#2

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)

#3

Exempts settlement agreements that pertain to providing restitution for a State.

(10 minutes)

5. Cicilline (RI)

#6

Exempts settlements in relation to the predatory or fraudulent conduct involving residential mortgage backed securities.

(10 minutes)

6. Conyers (MI)

#7

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)