congressional_record: CREC-2017-10-25-pt1-PgH8204-2
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| CREC-2017-10-25-pt1-PgH8204-2 | 2017-10-25 | 115 | 1 | SUNSHINE FOR REGULATIONS AND REGULATORY DECREES AND SETTLEMENTS ACT OF 2017 | HOUSE | HOUSE | ALLOTHER | H8204 | H8209 | [{"name": "A. Donald McEachin", "role": "speaking"}, {"name": "Doug Collins", "role": "speaking"}, {"name": "Matt Cartwright", "role": "speaking"}, {"name": "Ted S. Yoho", "role": "speaking"}, {"name": "Stephen F. Lynch", "role": "speaking"}, {"name": "John Conyers, Jr.", "role": "speaking"}] | [{"congress": "115", "type": "HR", "number": "469"}, {"congress": "115", "type": "HRES", "number": "577"}] | 163 Cong. Rec. H8204 | Congressional Record, Volume 163 Issue 172 (Wednesday, October 25, 2017) [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. ____________________ |