[House Report 114-724]
[From the U.S. Government Publishing Office]


114th Congress   }                                       {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                       {     114-724

======================================================================
 
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

                                _______
                                

         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

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------

                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''
                              ----------                              


  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.
                              ----------                              


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.
                              ----------                              


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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