[House Report 115-96]
[From the U.S. Government Publishing Office]


115th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {       115-96

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

 
    PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1694) TO REQUIRE 
ADDITIONAL ENTITIES TO BE SUBJECT TO THE REQUIREMENTS OF SECTION 552 OF 
  TITLE 5, UNITED STATES CODE (COMMONLY REFERRED TO AS THE FREEDOM OF 
 INFORMATION ACT), AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION 
 OF MOTIONS TO SUSPEND THE RULES; AND WAIVING A REQUIREMENT OF CLAUSE 
6(A) OF RULE XIII WITH RESPECT TO CONSIDERATION OF CERTAIN RESOLUTIONS 
                  REPORTED FROM THE COMMITTEE ON RULES

                                _______
                                

   April 26, 2017.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Woodall, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 280]

    The Committee on Rules, having had under consideration 
House Resolution 280, by a record vote of 8 to 3, 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. 1694, the 
Fannie and Freddie Open Records Act of 2017, under a structured 
rule. The resolution provides one hour of general debate 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Oversight and Government 
Reform. The resolution waives all points of order against 
consideration of the bill. The resolution makes in order as 
original text for purpose of amendment an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 115-14, modified by the amendment printed in 
part A of this report, 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 part B of 
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 part B of this report. 
The resolution provides one motion to recommit with or without 
instructions.
    Section 2 of the resolution provides that it shall be in 
order at any time through the legislative day of April 29, 
2017, for the Speaker to entertain motions that the House 
suspend the rules and that the Speaker or his designee shall 
consult with the Minority Leader or her designee on the 
designation of any matter for consideration pursuant to this 
section.
    Section 3 of the resolution waives clause 6(a) of rule XIII 
(requiring a two-thirds vote to consider a rule on the same day 
it is reported from the Rules Committee) against any resolution 
reported through the legislative day of April 29, 2017.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill includes waivers of the following:
           Section 302(f) of the Congressional Budget 
        Act, which prohibits consideration of legislation 
        providing new budget authority in excess of a 302(a) 
        allocation of such authority;
           Section 303 of the Congressional Budget Act, 
        which prohibits consideration of legislation, providing 
        a change in revenues for a fiscal year until the budget 
        resolution for that year has been agreed to;
           Clause 10 of rule XXI, which prohibits the 
        consideration of a bill if it has the net effect of 
        increasing mandatory spending over the five-year or 
        ten-year period.
    It is important to note that while waivers are necessary, 
the amendment printed in part A of this report is intended to 
help offset the cost of the bill.
    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 part B of 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. 49

    Motion by Mr. Hastings to limit the waiver of clause 6(a) 
of clause XIII to apply only to measures related to 
Appropriations. Defeated: 3-8

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                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................          Nay   Ms. Slaughter.....................  ............
Mr. Woodall.....................................          Nay   Mr. McGovern......................          Yea
Mr. Burgess.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Collins.....................................          Nay   Mr. Polis.........................          Yea
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................  ............
Mr. Buck........................................          Nay
Ms. Cheney......................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 50

    Motion by Mr. Cole to report the rule. Adopted: 8-3

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................          Yea   Ms. Slaughter.....................  ............
Mr. Woodall.....................................          Yea   Mr. McGovern......................          Nay
Mr. Burgess.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Collins.....................................          Yea   Mr. Polis.........................          Nay
Mr. Byrne.......................................          Yea
Mr. Newhouse....................................  ............
Mr. Buck........................................          Yea
Ms. Cheney......................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

        SUMMARY OF THE AMENDMENT IN PART A CONSIDERED AS ADOPTED

    1. Chaffetz (UT): Creates a fee structure intended to 
enable Fannie and Freddie to recover the entirety of their 
costs through fees to commercial requesters.

           SUMMARY OF THE AMENDMENTS IN PART B MADE IN ORDER

    1. Chaffetz (UT): MANAGER'S Makes technical and conforming 
changes to the bill. (10 minutes)
    2. Johnson, Hank (GA): Ensures that the traditional Freedom 
of Information Act (FOIA) exemptions apply to this sub-section. 
(10 minutes)
    3. Plaskett (VI), Capuano (MA): Clarifies that nothing in 
the bill may be construed to preclude or restrict disclosure of 
information regarding new products or significant new product 
terms prior to loan purchasing. (10 minutes)

            PART A--TEXT OF AMENDMENT CONSIDERED AS ADOPTED

  At the end of the bill, add the following new section:

SEC. 3. COMMERCIAL REQUESTERS.

  For purposes of subsection (n) of section 552 of title 5, 
United States Code, as added by section 2(a), each enterprise 
described in such subsection shall establish a fee schedule 
such that in the first year the fees collected from requests 
for records intended for a commercial use cover the costs of 
administering such subsection (n), which shall be estimated as 
$40,000,000 in the first year. In each subsequent year, each 
such enterprise shall evaluate whether the fees collected under 
the prior year's fee schedule were sufficient to recover all 
actual costs of administering subsection (n) and revise the fee 
schedule to recover the costs of administering subsection (n) 
in the following year and any outstanding costs of 
administering subsection (n) from the prior year not collected 
through fees in the prior year. Each such enterprise shall make 
the revised fee schedule and a detailed explanation of the 
prior year's costs and projections of future costs that were 
used to justify the fee schedule publicly available online for 
10 days prior to the fee schedule going into effect.

                PART B--TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Chaffetz of Utah or His 
                   Designee, Debatable for 10 Minutes

    Page 1, strike line 10 and all that follows through line 16 
and insert the following:
    ``(n)(1) This section shall apply to the Federal National 
Mortgage Association and the Federal Home Loan Mortgage 
Corporation during any period either such enterprise is under 
conservatorship or receivership pursuant to section 1367 of the 
Federal Housing Enterprises Financial Safety and Soundness Act 
of 1992 (12 U.S.C. 4617).
    ``(2) For purposes of this subsection, the exemption 
described in subsection (b)(4), relating to trade secrets and 
commercial or financial information, shall apply without regard 
to whether such information was obtained from a person outside 
the Federal National Mortgage Association or the Federal Home 
Loan Mortgage Corporation, as the case may be.''.
    Page 1, line 18, after ``on the date'' insert the 
following: ``that is six months after the date''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Johnson of Georgia or 
                 His Designee, Debatable for 10 Minutes

    Page 1, after line 16 insert the following new subsection 
(and redesignate the subsequent subsection accordingly):
    (b) Rule of Construction.--Nothing in this Act may be 
construed as precluding the application of any of the 
exemptions described in section 552 of title 5, United States 
Code, to subsection (n) of such section, as added by subsection 
(a).
                              ----------                              


  3. An Amendment To Be Offered by Representative Plaskett of Virgin 
           Islands or Her Designee, Debatable for 10 Minutes

    At the end of the bill, add the following new section:

SEC. 3. RULE OF CONSTRUCTION.

    Nothing in this Act, or the amendment made by this Act, may 
be construed as precluding or restricting the disclosure of 
information regarding any proposed new product or significant 
new product term prior to loan purchasing, or substantive 
negotiation with an interested party regarding purchase of 
loans with such new product or significant new product term.

                                  [all]