[Congressional Record Volume 163, Number 172 (Wednesday, October 25, 2017)]
[House]
[Pages H8204-H8209]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SUNSHINE FOR REGULATIONS AND REGULATORY DECREES AND SETTLEMENTS ACT OF 
                                  2017

  The Committee resumed its sitting.


                Amendment No. 4 Offered by Mr. McEachin

  The Acting CHAIR (Mr. Mitchell). It is now in order to consider 
amendment No. 4 printed in part A of House Report 115-363.
  Mr. McEACHIN. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:
       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.

  The Acting CHAIR. Pursuant to House Resolution 577, the gentleman 
from Virginia (Mr. McEachin) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Virginia.
  Mr. McEACHIN. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I rise in support of my amendment which seeks to reduce 
H.R. 469's adverse effects on public health and environmental quality. 
More specifically, my amendment would exempt from the terms of this 
bill consent decrees and settlement agreements pertaining to the 
maintenance or improvement of air and water quality.
  Mr. Chairman, litigation empowers our constituents to hold Federal 
agencies accountable when they fail to take required actions by 
congressionally mandated deadlines. In many of these cases, agencies' 
failures are not in serious dispute. A missed deadline is a missed 
deadline. Litigants' goals are simply to ensure that the law is 
followed quickly and in full.
  In such cases, it is not unusual, and certainly not unreasonable, for 
lawsuits to conclude with consent decrees or settlement agreements. As 
reported, this bill would introduction duplicative requirements and 
unnecessary barriers into the process by which the consent decrees and 
settlement agreements are reached. As a result, both tools would be 
used less often and less effectively.
  Across the board, that change would be a mistake, but would generally 
be disastrous with respect to pollution. Air and water quality are 
matters of public health. When they fail to meet

[[Page H8205]]

certain levels, people get sick and potentially die. The World Health 
Organization says that unhealthy environments kill more than 12 million 
people annually. In the United States, multiple studies have shown that 
tens of thousands of deaths every year are attributable to air 
pollution alone. These figures, of course, do not begin to contemplate 
nonlethal effects of health and quality of life.
  We all know that justice delayed is justice denied--and that is 
especially true when lives are at stake. When regulators fail to take 
mandated actions to maintain or improve air or water quality, that is 
an injustice. When they sincerely intend to take those actions, but 
fail to do so in a timely way, that is also an injustice.
  If we make it harder for citizens to hold regulators accountable, if 
we take away tools that empower Americans to make their voices heard, 
and hold agencies to account, we are compounding those injuries.
  Let me be clear: consent decrees and settlement agreements do make a 
real difference in people's lives. They do this not by changing the 
substance of the agencies' actions as a formal rulemaking would do, but 
by ensuring that the planned or required actions are actually taken.
  I invite my colleagues to look at the Chesapeake Bay and the 
settlement agreement in Fowler v. EPA. Back in 2010, the EPA was under 
both congressional and executive mandates to improve water quality in 
the bay, but the agency was not on track to implement necessary 
standards within the required timeframe.
  Citizens and public interest groups filed suit, and the case 
concluded in a settlement agreement that established a concrete 
deadline for actions that the agency was already working towards--
notably, the imposition of the total maximum daily load, a binding 
limit on pollution in the watershed.
  The result has been a small but very promising improvement in the 
health of the bay. Were it not for the agreement, we might still be 
waiting on the EPA to take the actions necessary.

                              {time}  1730

  We would have lost a significant amount of time, and, instead of 
improving conditions, conditions might have worsened, and the problem 
we faced would have grown correspondingly greater.
  So, again, Mr. Chairman, justice delayed is justice denied; and, 
again, consent decrees and settlement agreements prevent avoidable, 
unnecessary delay.
  Contrary to what my friends on the other side of the aisle have said, 
consent decrees and settlements do not and cannot take the place of 
formal rulemaking. Existing Federal regulations prevent agencies from 
using either tool to make commitments in excess of what relevant 
statutes provide.
  The GAO has explored whether deadline litigation affects the 
substance of agencies' actions; overwhelmingly, they concluded it does 
not.
  So the only function of this bill would be to stymie citizens'--our 
constituents'--efforts to ensure that our laws are faithfully executed 
to protect our air and our water, and, therefore, our health, in court.
  My amendment would fix that problem in at least one area, and I urge 
its adoption.
  Mr. Chairman, I reserve the balance of my time.
  Mr. COLLINS of Georgia. Mr. Chairman, I rise in opposition.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. COLLINS of Georgia. Mr. Chairman, I appreciate the gentleman 
bringing it forward. Again, we have never said that consent decrees 
can't be used. The issue here is how they are used in transparency. 
Justice delayed, as has been said, is not one that is denied, but also 
transparency not used is also things that are done in the dark and away 
from the public view which also can have issues that we go forward. 
Very few of these cases are actually brought by Joe Private Citizen. 
They are brought by groups with interest.
  Even in the Chesapeake Bay, which has an $18 billion compliance tag, 
the rushed timeframe did not allow others' input and buy-in from other 
localities.
  So, again, nowhere has abuse of sue and settle tactics been seen so 
much as in the environmental regulation. In fact, the Judiciary 
Committee's report on this bill highlights 10 environmental sue and 
settle regulations from the Obama administration that equaled up to 
$125 billion of cost.
  Even the Environmental Council, as I stated earlier, in 2013, adopted 
a resolution calling upon the U.S. Environmental Protection Agency to 
adopt reforms like the ones in this bill.
  This amendment would deny reform to precisely the area of regulation 
that needs it most and, thereby, substantially gut the bill. We can 
have good environmental regulations without shady, backroom dealing of 
sue and settle litigation skewing the results and excessively 
heightening the burden.
  I appreciate the gentleman bringing the amendment, but I would oppose 
it, and I would ask my colleagues to oppose the amendment as well.
  Mr. Chairman, I yield back the balance of my time.
  Mr. McEACHIN. Mr. Chairman, I appreciate the gentleman's concerns, 
but actually having been a trial lawyer and actually having practiced 
law in the courts of the Commonwealth of Virginia and elsewhere, there 
is no more transparent process than the litigation process.
  I would submit that the notion that somehow these actions are brought 
by someone other than our constituents, someone other than citizens of 
the United States, is not well taken.
  So, Mr. Chairman, I would conclude by simply asking that my 
colleagues support this amendment, that we move forward in that regard, 
and I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Virginia (Mr. McEachin).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. McEACHIN. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Virginia 
will be postponed.
  The Chair understands that amendment No. 5 will not be offered.


               Amendment No. 6 Offered by Mr. Cartwright

  The Acting CHAIR. It is now in order to consider amendment No. 6 
printed in part A of House Report 115-363.
  Mr. CARTWRIGHT. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       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'').

  The Acting CHAIR. Pursuant to House Resolution 577, the gentleman 
from Pennsylvania (Mr. Cartwright) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from Pennsylvania.
  Mr. CARTWRIGHT. Mr. Chairman, I rise today to offer an amendment that 
would create an exception in the legislation for consent decrees or 
settlement agreements entered into pursuant to the Meese policy.
  For those unfamiliar, the Meese policy prohibits the Department of 
Justice from undertaking a regulatory action through a settlement. More 
specifically, the Meese policy directs departments and agencies not to 
enter into a consent decree if it would act as a so-called end run, 
around the regular rulemaking process or constrain an agency head from 
exercising its discretionary authority in the future.
  Any departure from these rules must be approved by the Attorney 
General, the Deputy Attorney General, or the Associate Attorney General 
beforehand.
  Edwin Meese, the former Attorney General for the Reagan 
administration, wrote a memo articulating this policy in 1986, out of a 
concern for the abuse of settlements by agencies. Now, the Department 
of Justice later codified it in 1991, in the Code of Federal 
Regulations.

[[Page H8206]]

  Simply put, there is a law already on the books that prevents the 
Department of Justice or other agencies from abusing consent decrees 
and settlement agreements used by Federal agencies, and it is working.
  In February of this year, the Government Accountability Office, the 
GAO, determined that Department officials negotiating settlement terms 
are covered by the Meese policy. The GAO's report noted that any 
settlement would only include a commitment to perform an action already 
mandated by law.
  So if you are scoring along at home, what I am saying is this: there 
is a needless overlap between this bill that we are considering, H.R. 
469, and the Meese policy in regard to the scope of settlements. There 
is also redundancy with existing laws in terms of protecting the 
interests of third parties.
  If I may be so bold, I would like to say that persons with only a 
nodding acquaintance with the Federal Rules of Civil Procedure already 
know that Federal Rule of Civil Procedure 24 allows affected parties to 
intervene in litigation if they feel their interests are not properly 
represented in the case.
  Moreover, even if a rule was promulgated by a settlement agreement, 
the Administrative Procedure Act would still mandate notice-and-comment 
procedures for the rule. Simply put, this is a bill that is a solution 
in search of a problem, and my amendment underscores that fact.
  If I may be so bold, I would like to say that here in America we have 
actual real problems that merit our attention here in this House, such 
as why we haven't had an infrastructure bill leading to high-paying 
American jobs. We need actual solutions to actual problems, not 
theoretical ones like in this bill. That is why I have offered this 
amendment.
  Mr. Chair, I reserve the balance of my time.
  Mr. COLLINS of Georgia. Mr. Chairman, I rise in opposition.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. COLLINS of Georgia. Mr. Chairman, I do appreciate the gentleman 
bringing in the Meese memo. We discussed this earlier that if we 
actually went back to the actual intent of the Meese memo which said 
the Attorney General would be the part, we could probably agree on 
that. But let's get some things straight. There has been nothing 
codified. This is a regulation. It has not been codified. Codification 
would have to come from actual legislation passed by this body, and it 
is not.
  The amendment would seek to carve out of the bill consent decrees and 
settlements entered into under Department of Justice regulations 
ostensibly written to implement this Meese memo.
  The Meese memo was a Reagan-era Department policy, issued by Attorney 
General Meese, that prohibited the Department from entering into 
specified categories of decrees or settlements--particularly those that 
allowed the judiciary, through judicial orders, from invading the 
constitutionally exclusive authority of the executive branch.
  Current regulations, however, require less scrutiny by, and less 
accountability for, such consent decrees on the part of the Attorney 
General.
  What we need is not less Department of Justice accountability for 
backroom deals that trespass constitutional lines of authority, but 
more accountability. The bill would restore full accountability 
consistent with the letter and the spirit of the Meese memo itself.
  Further, the amendment would carve out any and all decrees and 
settlements entered by the approval of officials as low as the 
Assistant Attorneys General--meaning most of the relevant decrees and 
settlements entered into by the Department. As a result, the amendment 
would gut the bill's consent decree and settlement reforms.
  Mr. Chairman, I urge my colleagues to oppose this amendment, and I 
yield back the balance of my time.
  Mr. CARTWRIGHT. Mr. Chairman, to conclude, H.R. 469's proponents 
offer no evidence that there actually is a sue and settle problem or 
that agencies are not currently complying with the Meese memo. The GAO 
has already said they are. My amendment simply makes clear that this 
bill is unnecessary, and, as such, I urge a ``yes'' vote on this 
amendment.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Pennsylvania (Mr. Cartwright).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. CARTWRIGHT. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Pennsylvania 
will be postponed.


                    announcement by the acting chair

  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments printed in part A of House Report 
115-363 on which further proceedings were postponed, in the following 
order:
  Amendment No. 3 by Mr. Johnson of Georgia.
  Amendment No. 4 by Mr. McEachin of Virginia.
  Amendment No. 6 by Mr. Cartwright of Pennsylvania.
  The Chair will reduce to 2 minutes the minimum time for any 
electronic vote after the first vote in this series.


           Amendment No. 3 Offered by Mr. Johnson of Georgia

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Georgia 
(Mr. Johnson) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 185, 
noes 231, not voting 16, as follows:

                             [Roll No. 585]

                               AYES--185

     Adams
     Aguilar
     Barragan
     Bass
     Beatty
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Blunt Rochester
     Bonamici
     Boyle, Brendan F.
     Brady (PA)
     Brown (MD)
     Brownley (CA)
     Bustos
     Butterfield
     Capuano
     Carbajal
     Cardenas
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Correa
     Costa
     Courtney
     Crist
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     Demings
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Ellison
     Engel
     Eshoo
     Espaillat
     Esty (CT)
     Evans
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Gomez
     Gonzalez (TX)
     Gottheimer
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hanabusa
     Hastings
     Heck
     Higgins (NY)
     Himes
     Hoyer
     Jackson Lee
     Jayapal
     Johnson (GA)
     Johnson, E. B.
     Keating
     Kelly (IL)
     Kennedy
     Khanna
     Kihuen
     Kildee
     Kilmer
     Kind
     Krishnamoorthi
     Kuster (NH)
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lawson (FL)
     Lee
     Levin
     Lewis (GA)
     Lieu, Ted
     Lipinski
     Loebsack
     Lofgren
     Lowey
     Lujan Grisham, M.
     Lujan, Ben Ray
     Maloney, Carolyn B.
     Maloney, Sean
     Matsui
     McCollum
     McEachin
     McGovern
     McNerney
     Meeks
     Meng
     Moore
     Moulton
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Nolan
     Norcross
     O'Halleran
     O'Rourke
     Pallone
     Panetta
     Pascrell
     Payne
     Pelosi
     Perlmutter
     Peters
     Peterson
     Pingree
     Pocan
     Polis
     Price (NC)
     Quigley
     Raskin
     Rice (NY)
     Rosen
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez
     Sarbanes
     Schakowsky
     Schiff
     Schneider
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Soto
     Speier
     Suozzi
     Swalwell (CA)
     Takano
     Thompson (MS)
     Titus
     Tonko
     Torres
     Tsongas
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters, Maxine
     Watson Coleman
     Welch
     Yarmuth

                               NOES--231

     Abraham
     Aderholt
     Allen
     Amash
     Amodei
     Arrington
     Babin
     Bacon
     Banks (IN)
     Barletta
     Barr
     Barton
     Bergman
     Biggs
     Bilirakis
     Bishop (MI)
     Bishop (UT)
     Black
     Blackburn
     Blum
     Bost
     Brady (TX)
     Brat
     Brooks (AL)
     Brooks (IN)
     Buchanan
     Buck
     Bucshon
     Budd
     Burgess
     Byrne
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Cheney
     Coffman
     Cole
     Collins (GA)

[[Page H8207]]


     Collins (NY)
     Comer
     Comstock
     Conaway
     Cook
     Costello (PA)
     Cramer
     Crawford
     Culberson
     Curbelo (FL)
     Davidson
     Davis, Rodney
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Donovan
     Duffy
     Duncan (SC)
     Duncan (TN)
     Dunn
     Emmer
     Estes (KS)
     Farenthold
     Faso
     Ferguson
     Fitzpatrick
     Fleischmann
     Flores
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gaetz
     Gallagher
     Garrett
     Gianforte
     Gibbs
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Griffith
     Grothman
     Guthrie
     Handel
     Harper
     Harris
     Hartzler
     Hensarling
     Herrera Beutler
     Hice, Jody B.
     Higgins (LA)
     Hill
     Holding
     Hollingsworth
     Huizenga
     Hultgren
     Hunter
     Hurd
     Issa
     Jenkins (KS)
     Jenkins (WV)
     Johnson (LA)
     Johnson (OH)
     Jones
     Jordan
     Joyce (OH)
     Katko
     Kelly (MS)
     Kelly (PA)
     King (IA)
     King (NY)
     Kinzinger
     Knight
     Kustoff (TN)
     Labrador
     LaHood
     LaMalfa
     Lamborn
     Lance
     Latta
     Lewis (MN)
     LoBiondo
     Long
     Loudermilk
     Love
     Lucas
     Luetkemeyer
     MacArthur
     Marchant
     Marino
     Marshall
     Massie
     Mast
     McCarthy
     McCaul
     McClintock
     McHenry
     McKinley
     McMorris Rodgers
     McSally
     Meadows
     Meehan
     Messer
     Mitchell
     Moolenaar
     Mooney (WV)
     Mullin
     Newhouse
     Noem
     Norman
     Nunes
     Olson
     Palazzo
     Palmer
     Paulsen
     Pearce
     Perry
     Pittenger
     Poe (TX)
     Poliquin
     Posey
     Ratcliffe
     Reed
     Reichert
     Renacci
     Rice (SC)
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rokita
     Rooney, Francis
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Rouzer
     Royce (CA)
     Russell
     Rutherford
     Sanford
     Scalise
     Schrader
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NJ)
     Smith (TX)
     Smucker
     Stefanik
     Stewart
     Stivers
     Taylor
     Tenney
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Trott
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Walters, Mimi
     Weber (TX)
     Wenstrup
     Westerman
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IA)
     Zeldin

                             NOT VOTING--16

     Bridenstine
     Denham
     Fortenberry
     Hudson
     Huffman
     Jeffries
     Johnson, Sam
     Kaptur
     Lowenthal
     Lynch
     Richmond
     Rooney, Thomas J.
     Smith (NE)
     Thompson (CA)
     Webster (FL)
     Wilson (FL)

                              {time}  1805

  Messrs. BACON, KELLY of Pennsylvania, and ALLEN changed their vote 
from ``aye'' to ``no.''
  Ms. SPEIER, Messrs. KIHUEN, and DOGGETT changed their vote from 
``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                Amendment No. 4 Offered by Mr. McEachin

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Virginia 
(Mr. McEachin) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 187, 
noes 226, not voting 19, as follows:

                             [Roll No. 586]

                               AYES--187

     Adams
     Aguilar
     Barragan
     Bass
     Beatty
     Bera
     Beyer
     Bishop (GA)
     Blunt Rochester
     Bonamici
     Boyle, Brendan F.
     Brady (PA)
     Brown (MD)
     Brownley (CA)
     Bustos
     Butterfield
     Capuano
     Carbajal
     Cardenas
     Carson (IN)
     Cartwright
     Castor (FL)
     Chu, Judy
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Correa
     Costa
     Courtney
     Crist
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     Demings
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Ellison
     Engel
     Eshoo
     Espaillat
     Esty (CT)
     Evans
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Gomez
     Gonzalez (TX)
     Gottheimer
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hanabusa
     Hastings
     Heck
     Higgins (NY)
     Himes
     Hoyer
     Jackson Lee
     Jayapal
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Khanna
     Kihuen
     Kildee
     Kilmer
     Kind
     Krishnamoorthi
     Kuster (NH)
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lawson (FL)
     Lee
     Levin
     Lewis (GA)
     Lieu, Ted
     Lipinski
     LoBiondo
     Loebsack
     Lofgren
     Lowey
     Lujan Grisham, M.
     Lujan, Ben Ray
     Maloney, Carolyn B.
     Maloney, Sean
     Matsui
     McCollum
     McEachin
     McGovern
     McNerney
     Meeks
     Meng
     Moore
     Moulton
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Nolan
     Norcross
     O'Halleran
     O'Rourke
     Pallone
     Panetta
     Payne
     Pelosi
     Perlmutter
     Peters
     Peterson
     Pingree
     Pocan
     Polis
     Price (NC)
     Quigley
     Raskin
     Rice (NY)
     Rosen
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez
     Sarbanes
     Schakowsky
     Schiff
     Schneider
     Schrader
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (NJ)
     Smith (WA)
     Soto
     Speier
     Suozzi
     Swalwell (CA)
     Takano
     Thompson (MS)
     Titus
     Tonko
     Torres
     Tsongas
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters, Maxine
     Watson Coleman
     Welch
     Yarmuth

                               NOES--226

     Abraham
     Aderholt
     Allen
     Amash
     Amodei
     Arrington
     Babin
     Bacon
     Banks (IN)
     Barletta
     Barr
     Barton
     Bergman
     Biggs
     Bilirakis
     Bishop (MI)
     Bishop (UT)
     Black
     Blackburn
     Blum
     Bost
     Brady (TX)
     Brat
     Brooks (AL)
     Brooks (IN)
     Buchanan
     Buck
     Bucshon
     Budd
     Burgess
     Byrne
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Cheney
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Comer
     Comstock
     Conaway
     Cook
     Costello (PA)
     Cramer
     Crawford
     Culberson
     Curbelo (FL)
     Davidson
     Davis, Rodney
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Donovan
     Duffy
     Duncan (SC)
     Duncan (TN)
     Dunn
     Emmer
     Estes (KS)
     Farenthold
     Faso
     Ferguson
     Fitzpatrick
     Fleischmann
     Flores
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gaetz
     Gallagher
     Garrett
     Gianforte
     Gibbs
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Griffith
     Grothman
     Guthrie
     Handel
     Harper
     Harris
     Hartzler
     Hensarling
     Herrera Beutler
     Hice, Jody B.
     Higgins (LA)
     Hill
     Holding
     Hollingsworth
     Huizenga
     Hultgren
     Hunter
     Hurd
     Issa
     Jenkins (KS)
     Jenkins (WV)
     Johnson (LA)
     Johnson (OH)
     Jordan
     Joyce (OH)
     Katko
     Kelly (MS)
     Kelly (PA)
     King (IA)
     King (NY)
     Kinzinger
     Knight
     Kustoff (TN)
     Labrador
     LaHood
     LaMalfa
     Lamborn
     Lance
     Latta
     Lewis (MN)
     Long
     Loudermilk
     Love
     Lucas
     Luetkemeyer
     MacArthur
     Marchant
     Marino
     Marshall
     Massie
     Mast
     McCarthy
     McCaul
     McClintock
     McHenry
     McKinley
     McMorris Rodgers
     McSally
     Meadows
     Meehan
     Messer
     Mitchell
     Moolenaar
     Mooney (WV)
     Mullin
     Newhouse
     Noem
     Norman
     Nunes
     Olson
     Palazzo
     Palmer
     Paulsen
     Pearce
     Perry
     Pittenger
     Poe (TX)
     Poliquin
     Posey
     Ratcliffe
     Reed
     Reichert
     Renacci
     Rice (SC)
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rokita
     Rooney, Francis
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Rouzer
     Royce (CA)
     Russell
     Rutherford
     Sanford
     Scalise
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (TX)
     Smucker
     Stefanik
     Stewart
     Stivers
     Taylor
     Tenney
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Trott
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Walters, Mimi
     Weber (TX)
     Wenstrup
     Westerman
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (IA)
     Zeldin

                             NOT VOTING--19

     Blumenauer
     Bridenstine
     Castro (TX)
     Denham
     Fortenberry
     Hudson
     Huffman
     Jeffries
     Johnson, Sam
     Lowenthal
     Lynch
     Pascrell
     Richmond
     Rooney, Thomas J.
     Smith (NE)
     Thompson (CA)
     Webster (FL)
     Wilson (FL)
     Yoho


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining.

                              {time}  1809

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated against:
  Mr. YOHO. Mr. Chair, I was unavoidably detained. Had I been present, 
I would have voted ``nay'' on rollcall No. 586.


                          Peronal Explanation

  Mr. LYNCH. Mr. Chair, I was inadvertently delayed on rollcall numbers 
585 and 586. Had I been in attendance, I would have voted ``yes'' on 
rollcall No. 585 and ``yes'' on rollcall No. 586.


               Amendment No. 6 Offered by Mr. Cartwright

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the

[[Page H8208]]

gentleman from Pennsylvania (Mr. Cartwright) on which further 
proceedings were postponed and on which the noes prevailed by voice 
vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 186, 
noes 232, not voting 14, as follows:

                             [Roll No. 587]

                               AYES--186

     Adams
     Aguilar
     Barragan
     Bass
     Beatty
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Blunt Rochester
     Bonamici
     Boyle, Brendan F.
     Brady (PA)
     Brown (MD)
     Brownley (CA)
     Bustos
     Butterfield
     Capuano
     Carbajal
     Cardenas
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Correa
     Costa
     Courtney
     Crist
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     Demings
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Ellison
     Engel
     Eshoo
     Espaillat
     Esty (CT)
     Evans
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Gomez
     Gonzalez (TX)
     Gottheimer
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hanabusa
     Hastings
     Heck
     Higgins (NY)
     Himes
     Hoyer
     Jackson Lee
     Jayapal
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Khanna
     Kihuen
     Kildee
     Kilmer
     Kind
     Krishnamoorthi
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lawson (FL)
     Lee
     Levin
     Lewis (GA)
     Lieu, Ted
     Lipinski
     Loebsack
     Lofgren
     Lowey
     Lujan Grisham, M.
     Lujan, Ben Ray
     Lynch
     Maloney, Carolyn B.
     Maloney, Sean
     Matsui
     McCollum
     McEachin
     McGovern
     McNerney
     Meeks
     Meng
     Moore
     Moulton
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Nolan
     Norcross
     O'Halleran
     O'Rourke
     Pallone
     Panetta
     Pascrell
     Payne
     Pelosi
     Perlmutter
     Peters
     Peterson
     Pingree
     Pocan
     Polis
     Price (NC)
     Quigley
     Raskin
     Rice (NY)
     Rosen
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Sanchez
     Sarbanes
     Schakowsky
     Schiff
     Schneider
     Schrader
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Soto
     Speier
     Suozzi
     Swalwell (CA)
     Takano
     Thompson (MS)
     Titus
     Tonko
     Torres
     Tsongas
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters, Maxine
     Watson Coleman
     Welch
     Yarmuth

                               NOES--232

     Abraham
     Aderholt
     Allen
     Amash
     Amodei
     Arrington
     Babin
     Bacon
     Banks (IN)
     Barletta
     Barr
     Barton
     Bergman
     Biggs
     Bilirakis
     Bishop (MI)
     Bishop (UT)
     Black
     Blackburn
     Blum
     Bost
     Brady (TX)
     Brat
     Brooks (AL)
     Brooks (IN)
     Buchanan
     Buck
     Bucshon
     Budd
     Burgess
     Byrne
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Cheney
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Comer
     Comstock
     Conaway
     Cook
     Costello (PA)
     Cramer
     Crawford
     Culberson
     Curbelo (FL)
     Davidson
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Donovan
     Duffy
     Duncan (SC)
     Duncan (TN)
     Dunn
     Emmer
     Estes (KS)
     Farenthold
     Faso
     Ferguson
     Fitzpatrick
     Fleischmann
     Flores
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gaetz
     Gallagher
     Garrett
     Gianforte
     Gibbs
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Griffith
     Grothman
     Guthrie
     Handel
     Harper
     Harris
     Hartzler
     Hensarling
     Herrera Beutler
     Hice, Jody B.
     Higgins (LA)
     Hill
     Holding
     Hollingsworth
     Hudson
     Huizenga
     Hultgren
     Hunter
     Hurd
     Issa
     Jenkins (KS)
     Jenkins (WV)
     Johnson (LA)
     Johnson (OH)
     Jones
     Jordan
     Joyce (OH)
     Katko
     Kelly (MS)
     Kelly (PA)
     King (IA)
     King (NY)
     Kinzinger
     Knight
     Kustoff (TN)
     Labrador
     LaHood
     LaMalfa
     Lamborn
     Lance
     Latta
     Lewis (MN)
     LoBiondo
     Long
     Loudermilk
     Love
     Lucas
     Luetkemeyer
     MacArthur
     Marchant
     Marino
     Marshall
     Massie
     Mast
     McCarthy
     McCaul
     McClintock
     McHenry
     McKinley
     McMorris Rodgers
     McSally
     Meadows
     Meehan
     Messer
     Mitchell
     Moolenaar
     Mooney (WV)
     Mullin
     Newhouse
     Noem
     Norman
     Nunes
     Olson
     Palazzo
     Palmer
     Paulsen
     Pearce
     Perry
     Pittenger
     Poe (TX)
     Poliquin
     Posey
     Ratcliffe
     Reed
     Reichert
     Renacci
     Rice (SC)
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rokita
     Rooney, Francis
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Rouzer
     Royce (CA)
     Russell
     Rutherford
     Sanford
     Scalise
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NJ)
     Smith (TX)
     Smucker
     Stefanik
     Stewart
     Stivers
     Taylor
     Tenney
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Trott
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Walters, Mimi
     Weber (TX)
     Wenstrup
     Westerman
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IA)
     Zeldin

                             NOT VOTING--14

     Bridenstine
     Fortenberry
     Huffman
     Jeffries
     Johnson, Sam
     Kuster (NH)
     Lowenthal
     Richmond
     Rooney, Thomas J.
     Ryan (OH)
     Smith (NE)
     Thompson (CA)
     Webster (FL)
     Wilson (FL)

                              {time}  1814

  Mr. MARSHALL changed his vote from ``aye'' to ``no.''
  Mr. BUTTERFIELD changed his vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  The Acting CHAIR. The question is on the amendment in the nature of a 
substitute, as amended.
  The amendment was agreed to.
  The Acting CHAIR. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Carter of Georgia) having assumed the chair, Mr. Mitchell, Acting Chair 
of the Committee of the Whole House on the state of the Union, reported 
that that Committee, having had under consideration 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, pursuant to House Resolution 577, he reported the bill back to the 
House with an amendment adopted in the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on the amendment to the amendment 
reported from the Committee of the Whole?
  If not, the question is on the amendment in the nature of a 
substitute, as amended.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. CONYERS. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 234, 
noes 187, not voting 11, as follows:

                             [Roll No. 588]

                               AYES--234

     Abraham
     Aderholt
     Allen
     Amash
     Amodei
     Arrington
     Babin
     Bacon
     Banks (IN)
     Barletta
     Barr
     Barton
     Bergman
     Biggs
     Bilirakis
     Bishop (MI)
     Bishop (UT)
     Black
     Blackburn
     Blum
     Bost
     Brady (TX)
     Brat
     Brooks (AL)
     Brooks (IN)
     Buchanan
     Buck
     Bucshon
     Budd
     Burgess
     Byrne
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Cheney
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Comer
     Comstock
     Conaway
     Cook
     Costello (PA)
     Cramer
     Crawford
     Cuellar
     Culberson
     Curbelo (FL)
     Davidson
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Donovan
     Duffy
     Duncan (SC)
     Duncan (TN)
     Dunn
     Emmer
     Estes (KS)
     Farenthold
     Faso
     Ferguson
     Fitzpatrick
     Fleischmann
     Flores
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gaetz
     Gallagher
     Garrett
     Gianforte
     Gibbs
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Griffith
     Grothman
     Guthrie
     Handel
     Harper
     Harris
     Hartzler
     Hensarling
     Herrera Beutler
     Hice, Jody B.
     Higgins (LA)
     Hill
     Holding
     Hollingsworth
     Hudson
     Huizenga
     Hultgren
     Hunter
     Hurd
     Issa
     Jenkins (KS)
     Jenkins (WV)
     Johnson (LA)
     Johnson (OH)
     Jones
     Jordan
     Joyce (OH)
     Katko

[[Page H8209]]


     Kelly (MS)
     Kelly (PA)
     King (IA)
     King (NY)
     Kinzinger
     Knight
     Kustoff (TN)
     Labrador
     LaHood
     LaMalfa
     Lamborn
     Lance
     Latta
     Lewis (MN)
     LoBiondo
     Long
     Loudermilk
     Love
     Lucas
     Luetkemeyer
     MacArthur
     Marchant
     Marino
     Marshall
     Massie
     Mast
     McCarthy
     McCaul
     McClintock
     McHenry
     McKinley
     McMorris Rodgers
     McSally
     Meadows
     Meehan
     Messer
     Mitchell
     Moolenaar
     Mooney (WV)
     Mullin
     Newhouse
     Noem
     Norman
     Nunes
     Olson
     Palazzo
     Palmer
     Paulsen
     Pearce
     Perry
     Peterson
     Pittenger
     Poe (TX)
     Poliquin
     Posey
     Ratcliffe
     Reed
     Reichert
     Renacci
     Rice (SC)
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rokita
     Rooney, Francis
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Rouzer
     Royce (CA)
     Russell
     Rutherford
     Sanford
     Scalise
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NJ)
     Smith (TX)
     Smucker
     Stefanik
     Stewart
     Stivers
     Taylor
     Tenney
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Trott
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Walters, Mimi
     Weber (TX)
     Wenstrup
     Westerman
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IA)
     Zeldin

                               NOES--187

     Adams
     Aguilar
     Barragan
     Bass
     Beatty
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Blunt Rochester
     Bonamici
     Boyle, Brendan F.
     Brady (PA)
     Brown (MD)
     Brownley (CA)
     Bustos
     Butterfield
     Capuano
     Carbajal
     Cardenas
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Correa
     Costa
     Courtney
     Crist
     Crowley
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     Demings
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Ellison
     Engel
     Eshoo
     Espaillat
     Esty (CT)
     Evans
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Gomez
     Gonzalez (TX)
     Gottheimer
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hanabusa
     Hastings
     Heck
     Higgins (NY)
     Himes
     Hoyer
     Huffman
     Jackson Lee
     Jayapal
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Khanna
     Kihuen
     Kildee
     Kilmer
     Kind
     Krishnamoorthi
     Kuster (NH)
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lawson (FL)
     Lee
     Levin
     Lewis (GA)
     Lieu, Ted
     Lipinski
     Loebsack
     Lofgren
     Lowey
     Lujan Grisham, M.
     Lujan, Ben Ray
     Lynch
     Maloney, Carolyn B.
     Maloney, Sean
     Matsui
     McCollum
     McEachin
     McGovern
     McNerney
     Meeks
     Meng
     Moore
     Moulton
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Nolan
     Norcross
     O'Halleran
     O'Rourke
     Pallone
     Panetta
     Pascrell
     Payne
     Pelosi
     Perlmutter
     Peters
     Pingree
     Pocan
     Polis
     Price (NC)
     Quigley
     Raskin
     Rice (NY)
     Rosen
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez
     Sarbanes
     Schakowsky
     Schiff
     Schneider
     Schrader
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Soto
     Speier
     Suozzi
     Swalwell (CA)
     Takano
     Thompson (MS)
     Titus
     Tonko
     Torres
     Tsongas
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters, Maxine
     Watson Coleman
     Welch
     Yarmuth

                             NOT VOTING--11

     Bridenstine
     Fortenberry
     Jeffries
     Johnson, Sam
     Lowenthal
     Richmond
     Rooney, Thomas J.
     Smith (NE)
     Thompson (CA)
     Webster (FL)
     Wilson (FL

                              {time}  1827

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________