[House Report 114-724]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-724
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5063) TO LIMIT DONATIONS
MADE PURSUANT TO SETTLEMENT AGREEMENTS TO WHICH THE UNITED STATES IS A
PARTY, AND FOR OTHER PURPOSES
_______
September 6, 2016.--Referred to the House Calendar and ordered to be
printed
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Mr. Collins of Georgia, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 843]
The Committee on Rules, having had under consideration
House Resolution 843, by a record vote of 9 to 2, 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. 5063, the
Stop Settlement Slush Funds Act of 2016, under a structured
rule. The resolution waives all points of order against
consideration of the bill. 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 makes in order as original text for the purpose of
amendment the amendment in the nature of a substitute
recommended by the Committee on the Judiciary now printed in
the bill 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 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 this report. The resolution provides one motion to
recommit with or without instructions.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against
consideration of the bill, 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 in the nature of a substitute made in order as
original text, 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 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. 205
Motion by Ms. Foxx to report the rule. Adopted: 9-2
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Majority Members Vote Minority Members Vote
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Ms. Foxx........................................ Yea Ms. Slaughter..................... ....
Mr. Cole........................................ Yea Mr. McGovern...................... Nay
Mr. Woodall..................................... Yea Mr. Hastings of Florida........... Nay
Mr. Burgess..................................... Yea Mr. Polis......................... ....
Mr. Stivers..................................... Yea
Mr. Collins..................................... Yea
Mr. Byrne....................................... Yea
Mr. Newhouse.................................... Yea
Mr. Sessions, Chairman.......................... Yea
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SUMMARY OF THE AMENDMENTS MADE IN ORDER
1. Conyers (MI), Johnson, Hank (GA), Meeks (NY): Exempts
from the bill any settlement pertaining to discrimination based
on race, religion, national origin, or any other protected
category. (10 minutes)
2. Cicilline (RI): Exempts settlement agreements that
strengthen the personal privacy of Americans from the blanket
prohibition in this legislation. (10 minutes)
3. Jackson Lee (TX): Exempts settlement agreements that
pertain to providing restitution for a State. (10 minutes)
4. Jackson Lee (TX): Exempts settlement agreements that
resolves a civil action or potential civil action in relation
to sexual harassment, violence, or discrimination in the work
place. (10 minutes)
5. Gosar (AZ): Caps settlement payments for attorney fees
provided in relation to environmental cases at $125 per hour.
(10 minutes)
6. Price, Tom (GA): Requires the head of each Federal
agency to electronically submit a report to the Congressional
Budget Office on each settlement agreement entered into
pursuant to this bill. (10 minutes)
7. Price, Tom (GA): Requires each agency's Inspector
General to report annually to the House and Senate Committees
on the Budget, the Judiciary, and Appropriations on any
settlement agreement entered into by an during the previous
year that are in violation of section 2. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. 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: ``(other than an excepted settlement agreement)''.
Page 4, strike line 1, and insert the following:
(d) Definitions.--In this Act:
(1) The term ``excepted settlement agreement'' means
a settlement agreement that resolves a civil action or
potential civil action in relation to discrimination
based on race, religion, national origin, or any other
protected category.
(2) The term ``settlement agreement''
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2. 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: ``(other than an excepted settlement agreement)''.
Page 4, strike line 1, and insert the following:
(d) Definitions.--In this Act:
(1) The term ``excepted settlement agreement'' means
a settlement agreement that pertains to the protection
of the privacy of Americans.
(2) The term ``settlement agreement''
----------
3. 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 1, 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''
----------
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 1, and insert the following:
(d) Definitions.--In this Act:
(1) The term ``excepted settlement agreement'' means
a settlement agreement that resolves a civil action or
potential civil action in relation to sexual
harassment, violence, or discrimination in the
workplace.
(2) The term ``settlement agreement''
----------
5. An Amendment To Be Offered by Representative Gosar of Arizona or His
Designee, Debatable for 10 Minutes
Add at the end of the bill the following:
(e) Special Rule for Attorney Fees in Environmental Cases.--
In the case of a settlement agreement which is permissible
under subsection (a), and which directs or provides for payment
for services rendered in connection with a case relating to the
environment, the settlement agreement may not provide for
payment of attorney fees in excess of $125 per hour.
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6. An Amendment To Be Offered by Representative Price of Georgia or His
Designee, Debatable for 10 Minutes
Add at the end of the bill the following:
(e) Reports on Settlement Agreements.--
(1) In general.--Beginning at the end of the first
fiscal year that begins after the date of the enactment
of this Act, and annually thereafter, the head of each
Federal agency shall submit electronically to the
Congressional Budget Office a report on each settlement
agreement entered into by that agency during that
fiscal year that directs or provides for a payment to a
person or entity other than the United States that
provides restitution for or otherwise directly remedies
actual harm (including to the environment) directly and
proximately caused by the party making the payment, or
constitutes payment for services rendered in connection
with the case, including the parties to each settlement
agreement, the source of the settlement funds, and
where and how such funds were and will be distributed.
(2) Prohibition on additional funding.--No additional
funds are authorized to be appropriated to carry out
this subsection.
(3) Sunset.--This subsection shall cease to be
effective on the date that is 7 years after the date of
the enactment of this Act.
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7. An Amendment To Be Offered by Representative Price of Georgia or His
Designee, Debatable for 10 Minutes
Add at the end of the bill the following:
(e) Annual Audit Requirement.--
(1) In general.--Beginning at the end of the first
fiscal year that begins after the date of the enactment
of this Act, and annually thereafter, the Inspector
General of each Federal agency shall submit a report to
the Committees on the Judiciary, on the Budget and on
Appropriations of the House of Representatives and the
Senate, on any settlement agreement entered into in
violation of this section by that agency.
(2) Prohibition on additional funding.--No additional
funds are authorized to be appropriated to carry out
this subsection.
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