[House Report 115-664]
[From the U.S. Government Publishing Office]


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 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.

                            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).

              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);''.

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