Congressional Article I Powers Strengthening Act

Mr. Speaker, I yield myself such time as I may consume, and I thank my friend, the gentleman from Georgia, for yielding me the customary 30 minutes for debate.

Mr. Speaker, I am here today to debate the rule for consideration of H.R. 469, the Congressional Article I Powers Strengthening Act; and H.R. 732, the Stop Settlement Slush Funds Act, two Judiciary bills that are deficient in both process and in substance.

First, let me address the Congressional Article I Powers and Strengthening Act, a bill that my Republican friends purport will provide commonsense solutions to curbing regulatory abuse, but will, in fact, undermine the ability of Federal regulators to protect the health and safety of Americans, threaten the privacy of victims of government misconduct, and intrude on the Department of Justice's enforcement discretion, raising serious separation of powers concerns.

Mr. Speaker, just as appalling as the substance of this bill is the process by which we are considering it and many other bills deriving from the Judiciary Committee lately.

This bill is actually three Judiciary Committee bills wrapped in one Rules Committee print. However, one of the bills, H.R. 4070, was introduced last week without a hearing, without a markup, without notice to Democrats on the Judiciary Committee, and without consultation with constitutional

lawyers and experts and interested citizens.

This process is truly a slap in the face of regular order. A bill that has zero input from members on the Judiciary Committee or been the subject of any thoughtful discussion is suddenly on the House floor for a vote.

Interestingly, when I listened to my friend from Georgia, who I know is particularly serious about his approaches to legislation, I sat here and then I looked into the gallery, and there were 20 people who were seated there. I didn't see on the faces of those that I could see any understanding of one thing that he said, not because of the speed of his manner of speech, but because of the complexity of issues that give rise to us.

Among the things he said was transparency, accountability, and wanting to make sure that we, this body, exercise our prerogative with reference to for the people, by the people, and of the people.

I would imagine that people listening to this debate would want to believe that half of this body, half of the people who are represented in this country had input to this legislation. Let me tell you, People, they had none, zero. No Democrat had any input to this measure that I just discussed.

How can we expect Members of this body, let alone the American people, to have any idea as to what we are voting on with this measure and what its impact will be when it seems the path it took to getting a vote is based solely on the whim of the chairman of the Judiciary Committee?

Unfortunately, there is total disregard for even a semblance of regular order. That term is utilized a lot here, and, again, the American people, many of them, don't have a clue what we are talking about.

What we are talking about, basically, is matters that go to committees have hearings, have both sides have input, have witnesses who are experts or have responsibilities in that arena, and then the matter comes to the Rules Committee and is granted a bill of substance to come here to the floor, and that process is generally known by those of us with Congress-speak as regular order.

It is nothing new for the Republican-controlled Judiciary Committee, which has been the worst offender of regular order, when it comes to pushing for a closed process.

During the 115th Congress, bills coming to the floor from the Judiciary Committee were granted the most closed rules of any of the committees in this august body, eight closed rules. There is no committee chair in this Congress who has requested the Republican- controlled Rules Committee grant more closed rules than the chairman of the Judiciary Committee.

Indeed, this departure from a process that we refer to as regular order, from a process that allows input from outside experts and other witnesses, a process that allows both parties, if there is a hearing, to ask questions of those witnesses, this departure is astounding, and that is within the context of this Congress, which, in just the first 10 months, will soon become the most closed Congress in history.

I remember when I ran for office in 1992, I appeared a lot on radio stations. In many of those appearances, the opposition, not just my opponent, but the major party, had begun a drumbeat of the Democrats are not following regular order, they are having closed rules.

Little did I know in 1992, nor did I aspire when I came here, to be on the Rules Committee to have a better understanding, but I kept listening to this closed rule argument, and many persons lost their elections because of that.

If there is ever a time for us to address it, it would be now. We have that prerogative to be able to open up this process so that all Members can be involved.

When this Congress began, the distinguished Speaker of this body promised an open and transparent House. He called for a return to regular order. After what we have seen over the last 10 months, I shudder to think what the distinguished Speaker considers a closed process.

I might add, the next tier under closed is structured rules, which we are here today on, which, yet again, limits the number of activities by others, amendments, and other processes that would be appropriate.

Yesterday, when my colleague and I were in the Rules Committee, we had before us matters that were germane to this issue that were denied, that could have, under an open process, been made in order so that we could discuss it here today.

This Republican process, shutting out the voice and input of representatives of nearly half the country, is not just an affront to normal House procedure, which it is, it is downright undemocratic and emblematic of the Republican majority's true inability to govern.

Mr. Speaker, I turn to the second bill encompassed in this rule, H.R. 732, a bill as misguided and substantively unnecessary as the first bill was lacking in process. In fact, in the last Congress, a law professor testifying on an identical bill described it as a solution in search of a problem.

That was as true in the last Congress as it is in this one, which is too bad, because we do not lack in actual problems in desperate need of sensible solutions.

H.R. 732 would prevent Federal agencies from requiring third-party payments, such as those to charities, in settlement agreements with entities accused of wrongdoing.

Now, there in the report pointed out by the chairman of the Rules Committee yesterday shows the number of banks and mortgage companies and others that have violated the law and entered into settlements with the government for billions of dollars. Such payments, in excess of what the victims have agreed to, and the settlements that have been entered into and approved by judges, each one of these settlements, my friend said these payments may have gone to politically motivated--may be politically motivated organizations, and he cites to La Raza, which did receive money, but so did other charitable organizations: the New Christian Joy Full Gospel Baptist Church, the Catholic Charities of the Archdiocese of Chicago, the Catholic Charities Financial and Housing Counseling.

We sought yesterday while we were in the committee--I sought and asked staff to provide for me some of the organizations that my friends say may be politically motivated, or activists, as he referred to them, and it is 49 pages of organizations that were available to receive these funds, and, yes, some of them are liberal and also some of them are conservative organizations as we know them.

Such payments to charities are a common enforcement tool in settlements and have long been used to help provide communities with relief from systemic harm caused by illegal behavior.

Now, for example, following the 2008 financial crisis, in some of the settlement agreements with Wall Street banks, President Obama's Department of Justice required banks to donate money to charities committed to neighborhood stabilization and foreclosure prevention efforts, and this made perfect sense.

In the wake of the crisis, as many as 10 million families lost their homes to foreclosure. Both the Government Accountability Office and the Federal courts have long upheld this practice in settlement agreements. Perhaps unsurprisingly, my Republican colleagues considered these provisions to be an attempt by President Obama's administration to use, as they say, ``a slush fund,'' to enrich, ``liberal friends,'' despite the fact that certified charities eligible to receive these payments encompass liberal and conservative groups alike.

They even launched an investigation which yielded no credible evidence to substantiate their claims. Yet, despite the GAO, the Federal courts, and a Republican-led investigation showing no wrongdoing, we are considering this bill today to ban this longstanding legal practice aimed at assisting communities in the wake of suffering systemic abuse--abuse that I will underline again, and even say slowly, hurt Democrats and Republicans.

I suppose the only question left to ask my Republican friends is, 10 months into the new administration, nearly a year after the last election, why are they continuing to conduct

pointless and partisan oversight of the Obama administration?

Let me see if I can make this clear. President Obama is no longer the President of the United States, nor is Bill Clinton or George Bush. The President of the United States now is a new individual who we have to deal with, and it would be helpful if we were to address some of the matters ongoing that this particular administration is deserving of oversight.

I know that President Obama was a useful foil for many in the Republican Party when it came to messaging and campaigning, but he is not the President anymore. He won his two elections. That is the past. This bill represents nothing but the Republican majority grasping at straws and trying their best to turn their oversight attention away from doing their duty and providing oversight of the Trump administration.

Today, two new inquiries, I don't even have the time or wouldn't take the time to go into the inquiries that ain't going nowhere, have been announced, certainly as a distraction to many of the negatives that come out by virtue of this particular Congress not having done anything. It is the do-nothing Congress on steroids.

If there was ever an administration that needed rigorous oversight, it is the current one. In just 10 months, we have had reports of gratuitous use of private jets, the use of private email servers by senior staff, and I might add that one of those things identified today is they are going to go after Hillary or have oversight hearings on Hillary Clinton's emails. Enough already. Hillary Clinton lost her election, and lost with the emails as well, but we have current staff who are using private email servers. Given your history, should that not at least pique your oversight interest?

Spending tens of millions of taxpayers' dollars to use Mar-a-Lago for official meetings, waste, cronyism, the list goes on and on and on. How about oversight of a little, old company in Montana that doesn't have any successful history getting a $200 million no-bid contract in Puerto Rico to reestablish those facilities there? Out of Montana, little, old company, $200 million, no-bid. You got it. You go forward. You talk about waste and cronyism. And what do we get from the Republicans? Deafening silence.

Mr. Speaker, I find it ironic that we are considering the rule for a bill today entitled Article I Powers Strengthening Act when this Republican Congress has shown they can't even undertake the basic Article I duty of providing oversight of the executive. They don't need to strengthen Article I, they need to just start doing their jobs in the first place.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I am ready to have my friend understand that I am getting close to closing. I don't think I have any speakers, but I do have words that I wish to put forward right now.

It is shameful that we would be in a position where the DACA program is being threatened without a single thought to the consequences this decision would have on the 800,000 young lives this program protects.

While this may appear to be off message with regard to the measures that are before us, the minority is given an opportunity to present what is called a previous question, and it can be on matters germane to the thoughts of the minority and can be on any subject that they choose. In this instance, we choose to, with the previous question, address DACA.

Do the American people even want DACA to end? The answer is clearly no. According to a Politico/Morning Consult poll, support for allowing these immigrants to remain in the United States spans across party lines: 84 percent of Democrats, 74 percent of Independents, and 69 percent of Republicans think they should stay. Congress must act to protect our DREAMers.

Mr. Speaker, here is a chance to rectify the President's decision and restore the American people's faith in this institution.

If we defeat the previous question, I am going to offer an amendment to the rule to bring up H.R. 3440, the Dream Act. This bipartisan bicameral legislation would help thousands of young people who are Americans in every way except on paper.

Mr. Speaker, I ask unanimous consent to insert the text of this amendment in the Record, along with extraneous material, immediately prior to the vote on the previous question.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, earlier I mentioned that there were 49 pages--I didn't realize how extensive it really was--of organizations that were eligible to receive funds under the Justice Department's prerogative. It includes organizations that did, in fact, receive these funds.

They come from a wide array of organizations in our respective communities that, in my judgment, have on-the-ground ability to be efficient and to make sure that the expenditure of those funds benefit those who have suffered from systemic inequities by large organizations.

Mr. Speaker, I include in the Record a portion of these organizations that were eligible to receive funds under the Justice Department's prerogative.

Agency Name

Money Management International, Anchorage, AK.;

Neighborworks Anchorage Formerly Anchorage Neighborhood

Housing Services; Organized Community Action Programs Inc.--

Covington County; Birmingham Urban League, Inc.; Gateway

Financial Freedom/CCCS of Central Alabama; Jefferson County

Committee for Economic Opportunity; Jefferson County Housing

Authority; NACA (Neighborhood Assistance Corporation of

America) Birmingham. AL; Neighborhood Housing Services of

Birmingham, Inc.; United Way of Central Alabama, Inc.; United

Way of Central Alabama, Inc.; Community Action Partnership of

North Alabama--Cullman Branch; Community Action Partnership

of North Alabama, Inc.; Community Action Agency of Northwest

Alabama, Inc.; Hale Empowerment and Revitalization

Organization (HERO); Organized Community Action Programs

Inc.--Butler County; Organized Community Action Programs

Inc.--Lowndes County; CCCS of Tennessee River Valley;

Community Action Partnership, Huntsville/Madison & Limestone

Counties. Inc.; Family Services Center, Inc.

CCCS of Mobile--Jackson; Telamon Corporation; CCCS of

Mobile; Center for Fair Housing; Mobile Housing Board; CCCS

of Alabama--Montgomery; Legal Services Alabama Inc; CCCS of

Mobile--Montrose AL; Community Action Partnership of North

Alabama--Moulton Branch; Organized Community Action Programs

Inc.--Dale County; Housing Authority of the City of Prichard;

Community Action Agency of Northwest Alabama--Franklin

County; Organized Community Action Programs Inc.--Crenshaw

County; Community Action Agency of Northwest Alabama--Colbert

County; Organized Community Action Program, Inc.; Community

Service Programs of West Alabama, Inc.; Organized Community

Action Programs Inc.--Bullock County; Credit Counseling of

Arkansas--Bentonville; Mississippi County, Arkansas Economic

Opportunity Commission, Inc.; Hope Enterprise Corporation.

Family Service Agency--CCCS; Arkansas River Valley Area

Council, Inc.; Money Management International El Dorado;

Credit Counseling of Arkansas; Crawford Sebastian Community

Development Council; Credit Counseling of Arkansas Fort

Smith; Northwest Regional Housing Authority; Southern Bancorp

Community Partners; Jonesboro Urban Renewal and Housing

Authority Housing and Community Development Organization

(JURHA HCDO; Arkansas Development Finance Authority; Better

Community Development, Inc.; Community Resources Technicians,

Inc.; Family Service Agency--CCCS; In Affordable Housing,

Incorporated; NACA (Neighborhood Assistance Corporation of

America) Little Rock, AR; Southern Bancorp Community

Partners; Universal Housing Development Corporation; Credit

Counseling of Arkansas--Springdale; Southeastern Arizona

Governments Organization; Community Action Human Resources

Agency.

Housing Solutions of Northern Arizona, Inc.; Money

Management International, Inc. Flagstaff, AZ; Northern

Arizona Council of Governments; Administration of Resources

and Choices; Money Management International, Inc. Glendale,

AZ; Western Arizona Council of Governments (WACOG)--Kingman

Branch Office; Housing Counseling and Education Services;

Money Management International, Inc. Mesa, AZ; Springboard--

Mesa; Chicanos Por La Causa--Nogales; Nogales Community

Development Corporation; Chicanos Por La Causa, Phoenix; City

of Phoenix Neighborhood Services Department; Community

Housing Resources of Arizona; Desert Mission Neighborhood

Renewal; Greater Phoenix Urban League; Labor's Community

Service Agency; Money Management International Phoenix Phone

Center; Money Management International, Inc. Phoenix, AZ

Central.

NACA (Neighborhood Assistance Corporation of America)

Phoenix, AZ; Neighborhood Housing Services of Phoenix; NID-

HCA Phoenix Randolph; Take Charge America; Money Management

International, Inc. Prescott, AZ; Campesinos Sin Fronteras;

Comite De Bien Estar, Inc.; Credit Advisors Foundation; Money

Management International, Inc. Phoenix, AZ--North; Housing

America Corporation; Greenpath Debt Solutions; Money

Management International, Inc. Tempe, AZ; Newtown Community

Development Corporation; Administration of Resources and

Choices; Catholic Community Services of So. Arizona, Inc. DBA

Pio Decimo Center; Chicanos Por La Causa-Tucson; Family

Housing Resources; Money Management International, Inc.

Tucson, AZ--SE; Money Management, Inc. Tuscon, AZ--NW; Old

Pueblo Housing Development, Inc.

Southern Arizona Legal Aid, Inc.; Southwest Fair Housing

Counsel; The Primavera Foundation, Inc.; Tucson Urban League;

Northern Arizona Council of Governments; Western Arizona

Council of Governments (WACOG); Western Arizona Council of

Governments NCOA HECM; Consumer Credit Counseling Service of

Orange County; CCCS of the North Coast; CCCS of Kern and

Tulare Counties; Community Housing Council of Kern Co.;

Consumer Credit Counseling Service of Orange County; Korean

Resource Center; Surepath Financial Solutions; Consumer

Credit Counselors of Kern and Tulare Counties; Money

Management International Chula Vista; California Rural Legal

Assistance--Coachella; Clearpoint Credit Counseling

Solutions--Commerce Branch; Catholic Charities of the East

Bay; Eden Council for Hope and Opportunity (ECHO).

Money Management International Concord; National Asian

American Coalition (Formerly Known as Mabuhay Alliance);

California Rural Legal Assistance--Delano; Able Works;

Springboard--El Cajon; California Rural Legal Assistance--El

Centro; Inland Fair Housing and Mediation Board--El Centro

Branch (Imperial County); Community Housing Works; Pacific

Community Services Fairfield; Consumer Credit Counseling

Service of Orange County; Money Management International

Fremont; Project Sentinel; California Rural Legal

Assistance--Fresno; Clearpoint Credit Counseling Solutions

Inc.--Fresno Branch; Community Housing Council of Fresno;

Housing Authority of the City of Fresno; California Rural

Legal Assistance--Gilroy; Project Sentinel; Clearpoint Credit

Counseling Solutions--Glendale Branch; Clearpoint Credit

Counseling Solutions--Granada Hills Branch.

NACA (Neighborhood Assistance Corporation of America) Los

Angeles, CA; Eden Council for Hope and Opportunity (ECHO);

Springboard--Hemet; Inland Fair Housing and Mediation Board--

Indio Branch (Riverside County); Amador Tuolumne Community

Action Agency; Springboard--Ladera; Clearpoint Credit

Counseling Solutions--Lakewood Branch; California Rural Legal

Assistance--Lamont; Pure Hearts R Us Housing Corporation;

Eden Council for Hope and Opportunity (ECHO); Tri-Valley

Housing Opportunity Center; Home Preservation and Prevention

(HPP Cares); Operation Hope Inc.--Long Beach Branch;

Springboard--Long Beach; East La Community Corporation

(ELACC); Korean Churches for Community Development; Korean

Resource Center; Los Angeles Neighborhood Housing Services,

Inc; New Economics for Women; NID-HCA Reeves;

Operation Hope, Inc; Operation Hope, Inc.--La Branch;

Shalom Center for T.R.E.E. of Life; Thai Community

Development Corp.; Watts Century Latino Org.; West Angeles

Community Development Corp.; California Rural Legal

Assistance--Madera; California Rural Legal Assistance--

Marysville Office; Operation Hope, Inc.--Maywood Branch;

National Asian American Coalition (Formerly Known As Mabuhay

Alliance); California Rural Legal Assistance--Modesto;

Community Housing and Shelter Services; Habitat for

Humanity, Stanislaus County; Project Sentinel; Montebello

Housing Development Corp.; California Rural Legal

Assistance--Monterey; Fair Housing Council of Riverside

County, Inc.; Project Sentinel; Eden Council for Hope and

Opportunity (ECHO); Habitat for Humanity East Bay/Silicon

Valley.

Money Management International Oakland; NACA (Neighborhood

Assistance Corporation of America) Oakland, CA; National

Association of Real Estate Brokers--Investment Division, Inc;

NID-HCA Oakland Main Branch; Operation Hope, Inc.--Oakland

Branch; The Spanish Speaking Unity Council of Alameda County,

Inc. (The Unity Council); Faith Based Community Development

Corporation; Money Management International Oceanside; Inland

Fair Housing and Mediation Board; Neighborhood Partnership

Housing Services, Inc.; Neighborhood Housing Services of

Orange County; California Rural Legal Assistance--Oxnard;

Ventura County Community Development Corporaton; Fair Housing

Council of Riverside County, Inc.; Eden Council for Hope and

Opportuntiy (ECHO); California Rural Legal Assistance--Paso

Robles; Pacific Community Services, Inc.; Operation Hope,

Inc.--Poway Branch; Hometown Community Development Corp, Dba

Homestrong USA; Housing Opportunities Collaborative--Inland

Empire Branch.

Community Housing Development Corporation of North

Richmond; Richmond Neighborhood Housing Services, Inc.;

Community Connect; Fair Housing Council of Riverside County,

Inc.; Springboard--Shine Center (Latham); Springboard Non

Profit Consumer Credit Management Inc.--HPF Affiliate;

Springboard Non--Profit Consumer Credit Management, Inc.;

Clearpoint Credit Counseling Solutions--Sacramento Branch;

Sacramento Home Loan Counseling Center; Sacramento

Neighborhood Housing Services, Inc.; California Rural Legal

Assistance--Salinas; Housing Resource Center of Monterey

County; Clearpoint Credit Counseling Solutions--San

Bernardino Branch; Neighborhood Housing Services of The

Inland Empire, Inc.; NID-HCA Inland Empire J. Jackson;

Bayside Community Center; Clearpoint Credit Counseling

Solutions--San Diego Branch; Community Housing Works; Housing

Opportunities Collaborative; Housing Opportunities

Collaborative--Branch for San Diego/Imperial Counties; Money

Management International San Diego.

National Asian American Coalition (Formerly Known as

Mabuhay Alliance); Navicore Solutions--San Diego, CA;

Neighborhood House Association; San Diego Urban League; Union

of Pan Asian Communities; Asian Incorporated; CCCS of San

Francisco; Consumer Credit Counseling Service of San

Francisco--HPF Affiliate; Mission Economic Development

Association (MEDA); Project Sentinel; San Francisco Housing

Development Corporation; Neighborhood Housing Services

Silicon Valley; Project Sentinel; Santa Clara County Asian

Law Alliance; Surepath Financial Solutions--San Jose; NID-HCA

San Leandro--Chambers; California Rural Legal Assistance--San

Luis Obispo; Peoples' Self Help Housing; Fair Housing of

Marin; Clearpoint Credit Counseling Solutions--Santa Ana

Branch.

Consumer Credit Counseling Service of Orange County;

Housing Opportunities Collaborative--Orange County Branch;

Legal Aid Society of Orange County; Orange County Fair

Housing Council, Inc.; California Rural Legal Assistance--

Santa Barbara; Project Sentinel; California Rural Legal

Assistance; California Rural Legal Assistance--Santa Maria;

Wise & Healthy Aging; California Rural Legal Assistance;

Catholic Charities, Diocese of Santa Rosa; CCCS of San

Francisco; Centro Familia Esperanza; Operation Hope Inc.--

South Gate Branch; California Rural Legal Assistance--

Stockton; Clearpoint Credit Counseling Solutions--Stockton

Branch; NID-HCA A. Jones; Visionary Home Builders of

California; Project Sentinel; Northern Circle Indian Housing

Authority, United Native Housing Development Corp.

City of Vacaville Department of Housing Services; Cabrillo

Economic Development Corporation; Inland Fair Housing and

Mediation Board--Victorville Branch (San Bernardino County);

CCCS of Kern and Tulare Counties; Community Services and

Employment Training, Inc. (CSET); Self Help Enterprises;

California Rural Legal Assistance--Oceanside; Surepath

Financial Solutions--Watsonville; Rural Community Assistance

Corporation; Community Resource and Housing Development

Corporation--Alamosa; City of Aurora Community Development

Division; Boulder County Housing Authority; Greenpath, Inc.;

Upper Arkansas Area Council of Governments; CCCS of Greater

Dallas--Colorado Springs; Adams County Housing Authority;

Colorado Housing and Finance Authority; Colorado Housing

Assistance Corporation; Del Norte Neighborhood Development

Corporation (NDC); Denver Housing Authority.

Greenpath, Inc.; Money Management International Denver,

Aurora Branch; NACA (Neighborhood Assistance Corporation of

America) Denver, CO; NEWSED CDC; Northeast Denver Housing

Center; Southwest Improvement Council; Housing Solutions for

the Southwest; Regional Housing Alliance La Plata Homes Fund;

Brothers Redevelopment, Inc.; Greenpath Debt Solutions;

Neighbor to Neighbor; Northeast Colorado Housing, Inc.; Tri-

County Housing & Community Development Corporation; Neighbor

to Neighbor; Grand Junction Housing Authority; Greenpath Debt

Solutions; Money Management International Highlands Ranch;

Douglas County Housing Partnership; Boulder County Housing

Authority; Neighbor to Neighbor.

Catholic Charities of the Diocese of Pueblo, CO;

Neighborworks of Pueblo; Summit County Family Resource

Center; San Miguel Regional Housing Authority; Community

Resources and Housing Development Corporation; Money

Management International Westminster; Bridgeport Neighborhood

Trust; Housing Development Fund, Inc.--Bridgeport Branch;

Housing Development Fund--Danbury Branch; Financial

Counselors of America Connecticut Branch; Money Management

International East Hartford; Community Renewal Team, Inc.;

Hartford Areas Rally Together; Housing Education Resource

Center; Mutual Housing Association of Greater Hartford, Inc.;

NACA (Neighborhood Assistance Corporation of America)

Hartford, CT; Urban League of Greater Hartford, Inc.; Money

Management International Milford; Neighborhood Housing

Services of New Britain, Inc.; Greater New Haven Community

Loan Fund.

Mutual Housing of South Central CT, Inc.//Neighborworks New

Horizons; Neighborhood Housing Services of New Haven;

Catholic Charities, Norwich, CT; Connecticut Housing Finance

Authority; Housing Development Fund, Inc.; Urban League of

Southern Connecticut; Neighborhood Housing Services of

Waterbury, Inc.; National Council on Aging (NCOA); Asian

American Homeownership Counseling; Carecen--Central American

Resource Center; Greater Washington Urban League; Homefree--

USA Washington DC Branch; Housing Counseling Services,

Incorporated; Latino Economic Development Corporation;

Lydia's House; Manna, Inc. Marshall Heights Community

Development Organization; NACA (Neighborhood Assistance

Corporation of America) Washington, DC; National Capacd;

National Community Reinvestment Coalition.

National Community Reinvestment Coalition, Inc.; National

Council of La Raza; National Foundation for Credit

Counseling, Inc.; Neighborhood Reinvestment Corp. DBA

Neighborworks America; NID-HCA Williams; Operation Hope,

Inc.--DC Branch; United Planning Organization; United

Planning Organization--Anacostia Center; United Planning

Organization--Petey Greene Community Svc. Center; United

Planning Organization Shaw Community Svc. Center; University

Legal Services; University Legal Services; CCCS of Maryland

and Delaware; Delaware State Housing Authority; First State

Community Action Agency, Inc.; National Council on

Agricultural Life and Labor Research Fund, Inc. (NCALL

Research, Inc.); First State Community Action Agency, Inc;

National Council on Agricultural Life and Labor Research

Fund, Inc. (NCALL, Research, Inc.); Hockessin Community

Center; First State Community Action Agency, Inc.

National Council on Agricultural Life and Labor Research

Fund, Inc. (NCALL Research, Inc.); YWCA Delaware; Telamon

Corporation; CCCS of Delaware Valley, DBA Clarifi; CCCS of

Delaware Valley, Inc. DBA Clarifi; CCCS of Maryland and

Delaware; Delaware Community Reinvestment Action Council;

Housing Opportunities of Northern Delaware, Inc.; Interfaith

Community Housing of Delaware; Neighborhood House,

Incorporated; West End Neighborhood House; Homes in

Partnership, Inc.; We Help Community Development Corporation;

Florida Cooperative Extension--Holmes County Cooperative

Extension Service (Terminated); Boynton Beach Faith Based

CDC; Catholic Charities Diocese of Venice, Inc.; Manatee

Community Action Agency, Inc. F/K/A Manatee Opportunity

Council, Incorporated; Florida Cooperative Extension Levy

County Cooperative Extension Service; Florida Cooperative

Extension--Hernando County Cooperative Extension Service;

All-American Foreclosure Solutions, Inc.

Cape Coral Housing Development Corporation; Florida

Cooperative Extension--Washington County Cooperative

Extension Service (Terminated); Bright Community Trust, Inc.;

Clearwater Neighborhood Housing Services, Inc.; Consumer

Credit and Budget Counseling, DBA National Foundation for

Debt Management; Consumer Credit and Budget Counseling, DBA

National Foundation for Debt Management; Housing Services of

Central Florida; Tampa Bay Community Development Corporation;

Homes in Partnership, Incorporated; Credit Card Mgmt Svcs,

Inc. D/B/A Debthelper.Com; Florida Cooperative Extension--

Brevard County Cooperative Extension Service; Florida

Cooperative Extension--Brevard County Cooperative Extension

Service (Duplicate); CCCS of West FL; Florida Cooperative

Extension Dixie County Cooperative Extension Service; Florida

Cooperative Extension--Pasco County Cooperative Extension

Service (Terminated); Adopt A Hurricane Family, Inc. DBA

Crisis Housing Solutions; Apprisen--CCCS--Davie; Florida

Cooperative Extension--Broward County Cooperative Extension;

Central Florida Community Development Corporation; Community

Legal Services of Mid-Florida, Inc.

Mid-Florida Housing Partnership, Inc.; Florida Cooperative

Extension--Walton County Cooperative Extension Service;

Florida Cooperative Extension--Volusia County Cooperative

Extension Service; H.E.L.P. Community Development Corp.;

Affordable Housing by Lake, Inc; Centro Campesino,

Farmworkers Center, Inc.; New Visions Community Development

Corporation; Urban League of Broward County Main Office;

Urban League of Broward County (Branch Office); Affordable

Homeownership Foundation Inc; Home Ownership Resource Center

of Lee County; Housing Authority of the City of Ft.

Myers; Lee County Housing Development Corporation; CCCS of

West FL; City of Gainesville Housing Division; Florida

Cooperative Extension; Florida Cooperative Extension--

Alachua County Cooperative Extension Service; Florida

Cooperative Extension--Alachua County Cooperative

Extension Service (Duplicate); Neighborhood Housing &

Development Corporation; CCCS of the Midwest.

Community Housing Partners Corporation; Community Legal

Services of Mid-Florida, Inc.--Inverness Office; Black

Bottom/Springfield Human Development Corporation, DBA St.

Joseph Homeownership; Community Home Ownership Center, Inc.

F/K/A Jacksonville FL Chapter Assoc. of Housing Counselors &

Agencies CDC; Family Foundations of Northeast Florida, Inc.;

Florida Cooperative Extension--Duval County Cooperative

Extension Service; Greenpath, Inc.; Habitat for Humanity of

Jacksonville, Inc.; Jacksonville Area Legal Aid, Inc.;

Jacksonville Urban League; NACA (Neighborhood Assistance

Corporation of America) Jacksonville, FL; Operation New Hope

CDC; Wealth Watcher, Inc; Community Legal Services of Mid-

Florida, Inc.--Kissimmee Office; Florida Cooperative

Extension--Osceola County Cooperative Extension Service; The

Agriculture and Labor Program, Inc.; Florida Cooperative

Extension--Columbia County Extension Service; Springboard--

Lake Mary; Catholic Charities of Central Florida; Keystone

Challenge Fund, Inc.

Florida Cooperative Extension--Pinellas County Cooperative

Extension Service; Broward County Housing Authority; Florida

Cooperative Extension--Citrus County Cooperative Extension

Service; Debt Management Credit Counseling Corp; Debt

Management Credit Counseling Corp; Debt Management Credit

Counseling Corp.; Florida Cooperative Extension--Suwannee

County Cooperative Extension Service; Greenpath Debt

Solutions; Florida Cooperative Extension--Baker County

Cooperative Extension Service (Duplicate); Florida

Cooperative Extension--Baker County Cooperative Extension

Service (Terminated); Florida Cooperative Extension--Madison

County Cooperative Extension Service (Terminated); Community

Housing Initiative, Inc; Cuban American National Council,

Inc.--Miami; Little Haiti Housing Association, Inc.;

Neighborhood Housing Services of South Florida; Real Estate,

Education and Community Housing, Inc.; SER Jobs for Progress;

Miami Beach Community Development Corp; NID-HCA Florida

Felton; Housing Development Corporation of SW Florida, Inc.

Mr. Speaker, I do want to acknowledge that my friend from Georgia does have a companion bill in the other body. I believe it is S. 333. I would--like I will when the Georgia-Florida game comes up--make a wager with my friend that that bill ain't going nowhere. But, anyway, we are here talking about it, so my wager with the gentleman will be under appropriate measures. I wish he and I could go to Jacksonville together at what they say is the greatest cocktail party in the world.

Mr. Speaker, I just mentioned that at least one of the bills wrapped up in today's, in my view, nonsense, ought to continue to be described as a solution in search of a problem. I am not fully convinced that the observation is not an apt one for the whole lot of bills before us today. As I just mentioned, this is particularly disturbing as this country has real problems which need real solutions.

The Children's Health Insurance Program has expired, and there seems to be little to no will on the other side of the aisle to right this wrong at this time. Sure, we hear possibilities of a solution. When I came back this week, I thought that we would certainly address it. September 30 was when it expired. Yet we and, more importantly, millions of children and organizations wait for an answer.

We know that we are fast approaching a government shutdown, but instead we come to the floor week after week forced to debate ridiculous bills that, in substance, are well-thought-out by the persons presenting them, but, in reality, are not going to become law and are nothing more than talking points of the day, when these things that we should be addressing are going unmet.

We need to reauthorize the Federal Aviation Administration, yet the answer to this issue evades my friends across the aisle. We need to reauthorize the National Flood Insurance Program, yet we wait.

We need to address the crippling epidemic that is gun violence in this country. We need to remember that not even a month ago, this man out in Las Vegas took aim from the 32nd floor of a hotel and rained terror down upon thousands of innocent people enjoying a music festival. The weapons of war he used that night are just as readily available today as the day he bought them.

Finally, I understand people may want to forget the following, but we cannot, and I will not let you forget that there are millions of people across the United States Virgin Islands and Puerto Rico, and there are thousands in Florida and in Texas who are still awaiting visits from

Mr. Speaker, on that I demand the yeas and nays.

Mr. Speaker, I demand a recorded vote.

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 577 and ask for its immediate consideration.

Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Florida (Mr. Hastings), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only.

General Leave

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and to include extraneous material on House Resolution 577, currently under consideration.

Mr. Speaker, I am pleased to bring this rule forward on behalf of the Rules Committee. The rule provides for consideration of H.R. 469, the Sunshine for Regulations and Regulatory Decrees and Settlements Act, and H.R. 732, the Stop Settlement Slush Funds Act.

The rule provides for 1 hour of debate equally divided and controlled by the chair and ranking member of the Judiciary Committee for each of the bills under consideration, and also provides for a motion to recommit on both bills. Additionally, the rule makes in order six amendments to each bill, respectively, representing ideas from Members on both sides of the aisle.

Yesterday, the Rules Committee received testimony from Judiciary Committee Chairman Bob Goodlatte and Representative Jamie Raskin. In addition to the discussion of the underlying legislation at the Rules Committee, I previously joined my colleagues on the Judiciary Committee in a robust debate of the major components of these bills at Judiciary markups earlier this year.

I introduced H.R. 469 to address a problem that, unfortunately, has become all too common: the practice of regulating behind closed doors and absent public input through what is known as sue and settle agreements.

H.R. 469 also includes the Judgment Fund Transparency Act, introduced by Representative Chris Stewart, and the Article I Amicus and Intervention Act, introduced by Judiciary Committee Chairman Bob Goodlatte.

The rule also provides for consideration of the Stop Settlement Slush Funds Act, which was introduced after an extensive investigation by the House Judiciary Committee found that the Department of Justice was systemically circumventing Congress and directing settlement money to activist groups.

The legislation provided for by today's rule strengthens the balance of power and Congress' Article I authority, which we have allowed executive agencies to erode over time.

Regardless of the political party in power, Congress has a constitutional obligation to carry out its duties and ensure that the legislative branch writes the law. When Congress fulfills its role as intended, the Federal Government is more responsive to the needs of the electorate and more accountable to our citizenry.

My legislation, the Sunshine for Regulations and Regulatory Decrees and Settlements Act, otherwise known as sue and settle, addresses the problem of regulation through litigation. We have seen this problem explode in recent years, particularly under the previous administration.

Mr. Speaker, I could offer you dozens of examples of this abuse, yet my time would expire long before I could list them all. A few particularly notable examples, however, highlight the enormous costs and burdens that regulation through litigation can impose on unsuspecting Americans.

The infamous Utility MACT and Boiler MACT rules resulted from sue and settle cases. They carry price tags of $9.6 billion and $3 billion in costs and compliance, respectively.

The Chesapeake Bay Clean Water Act rules boast a whopping $18 billion in compliance costs. These rules also resulted from covert sue and settle maneuvers.

I don't think it is fair to ask hardworking job creators, farmers, and ranchers of northeast Georgia--or anywhere in this Nation, for that matter--to foot the bills for policy that bureaucrats secretly put in place.

I am sad to report that the prevalence of these sue and settlement agreements have only grown in recent years. The second term of the previous administration brought us 77 sue and settle cases related to the Clean Air Act. By comparison, President Clinton's second term witnessed 27 sue and settle cases, and President Bush's second term saw 28 such cases.

But let me also say just right there, Mr. Speaker, that it doesn't matter which administration or which party is in the White House. This is not a bill that is designed to go for one party or another. It is simply saying that there is an Article I of the Constitution, and that is the legislative branch that writes the laws, and then the executive is to enforce the laws, not write them. I want to make it clear--and I know it is going to be talked about that this is not, but I do want to make it clear that this is for any administration.

The Obama administration's penchant for circumventing Congress and its constitutional authority was incredible, and its legacy has endured. The weight of these improper agreements hangs around the necks of American businesses, employees, farmers, and ranchers.

Fortunately, the Trump administration has recognized the impropriety of this practice and is taking steps to start curbing abuse of sue and settle agreements and the Federal rulemaking process. In fact, EPA Administrator Scott Pruitt recently issued a directive to increase public engagement in policymaking at the EPA.

This is a critical step and one that I applaud, but it doesn't negate the need for Congress to act decisively. In fact, it only highlights it. Congress has a right and an obligation to defend its constitutional prerogatives.

Like the Sunshine for Regulations and Regulator Decrees and Settlements Act, the Judgment Fund Transparency Act will make our government more accountable to the people by providing real transparency. The Judgment Fund Transparency Act is based upon the principle that the American people have the right to know how their government is spending their hard-earned tax dollars.

The Judgment Fund was created over 50 years ago as a way to provide for efficient payment of lawful claims against the U.S., but it has become a permanent appropriation shrouded in secrecy.

While many payments out of the Judgment Fund are both legitimate and appropriate, the fund remains the subject of egregious abuse. For example, last year, the administration paid Iran $1.3 billion out of the Judgment Fund--primarily in the form of foreign currency--as a payment for the interest that had accrued on Iranian assets

that had been frozen because Iran sponsors terrorism without shame. As you might imagine, the Obama administration stonewalled congressional efforts to investigate those payments.

This much-needed legislation would not only ensure that such payments could not be hidden from Congress and the Americans they represents, it outright prohibits payments to state sponsors of terrorism and foreign terrorist organizations, which should be one of the least controversial actions ever to grace the floor of this House.

As I have said before, transparency and accountability are the best remedies for a government run amuck. Title III of H.R. 469, Chairman Goodlatte's legislation, the Article I Amicus and Intervention Act, will further strengthen Congress' powers under Article I and, in doing so, will help restore checks and balances between the three branches of government.

When the Federal courts are deciding important matters regarding the Constitution, congressional powers, and Federal law, it is critical that Congress have the opportunity, should it deem the action necessary, to file an amicus or otherwise intervene in pending litigation.

The need for this legislation is compounded when, as was the case during the previous administration, the executive branch decides not to defend constitutionality of Federal law. This leads our adversarial legal system without anyone to litigate significant cases and shifts interpretation of the Constitution from the courts to the executive branch.

This provision will ensure that the House, like the Senate, has a statutory right to file amicus briefs or intervene when Congress' powers and responsibilities are called into question.

The Article I Amicus and Intervention Act, like the other bills contained in this measure, is an important step toward restoring government transparency, balance, and accountability.

Mr. Speaker, you might be able to detect a theme that is emerging here today. My colleagues and I are working hard to ensure the American people have a government by the people and for the people. We are working to restore the balance of powers that our forefathers put into place and to ensure that the executive overreach that was the hallmark of the previous administration won't be able to undermine transparency in the future.

In that vein, the rule also provides for consideration of the Stop Settlement Slush Funds Act. The Stop Settlement Slush Funds Act prevents the Department of Justice from subverting Congress' power of the purse by prohibiting settlements that direct payments to a nonvictim third party. Again, the misdirection of funds to irrelevant third parties is a problem that we have seen grow and that must be addressed.

Under the previous administration, the Department of Justice funneled nonvictim third party groups as much as $880 million. The Department of Justice did this by collecting money from parties who had broken the law and then using that money to create a slush fund for special interest groups rather than sending the money to victims of illicit activity.

The Department of Justice allowed the ``donations'' required under the settlements to count as double credit against defendants' payment obligations. Let me say that again. The Department of Justice allowed the ``donations'' required under the settlements to count as double credit against defendants' payment obligations.

Interestingly, in some settlements under the previous administration, credit for direct relief to consumers was counted only as dollar for dollar, indicating the importance the Department of Justice places on directing these funds to nonvictim third party groups.

The Department of Justice's policy move actually incentivized the funneling of money to nonvictim groups rather than the people who were injured. The slush fund scheme actually disadvantaged victims in favor of special interests.

For example, the Department of Justice negotiated settlement agreements to the tune of millions of dollars with major banks for misleading investors over mortgage-backed securities.

Mr. Speaker, I yield 5 minutes to the gentleman from Utah (Mr. Stewart) from the Second District. He is a sponsor of the Judgment Fund Transparency Act.

Mr. Speaker, I yield 5 minutes to the gentleman from Georgia (Mr. Allen), from Georgia's 12th Congressional District, to speak on these issues of Article I.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, there are many things that this body can do better. My friend from Florida outlined his opinion of what those may be. He also outlined his opinion of what will be a nice Georgia victory come Saturday, this weekend, in Jacksonville. I do appreciate his acknowledgement of what will be coming.

But I think there are also some other things that we need to discuss, and we can talk about that. I will take, first off, the issue of the Judiciary Committee on which I serve, which I believe, frankly, I have the privilege of serving on what I believe are two of the hardest- working and longest-hour committees on this Hill, and that is the Rules Committee and the Judiciary Committee. Chairman Goodlatte is very thoughtful.

We can disagree, Mr. Speaker, and I can understand my friend's frustration on issues of closed bills which do come and have been under both parties, but today's bills are not one of those. These two bills both have amendments that are offered on the floor by both parties. There are Republican amendments and there are Democrat amendments. This is not one of those.

So I think, from the perspective of how process and regular order-- and we can go through those--I would stand with my chairman and Chairman Goodlatte on that issue that we are working toward, and it is something that really matters here.

I think also, as we look at this, it is talking about grasping of straws. One of the things is we can get sidelined many times on looking at what could be or want to be and what we want to focus on. But also, it is a matter--as I come down here in this role many times, let's focus on the line right now, let's focus on the minute ahead, let's focus on the next vote, and that is

talking about these bills in this process.

I thought it was interesting to say that these are solutions in search of a problem. It is really interesting to me that, undoubtedly, these solutions in search of a problem--I think the problem is when they have, especially under sue and settle, $9.6 billion annual cost, $500 million in the first year cost; Oil and Gas Rule, $738 million annually; $632 million annually for the Florida Nutrient Standards and Estuary Flowing Waters Rule; Boiler MACT, $3 billion. I mean, I could go on. And $90 billion for reconsideration of 2008 ozone.

Let's make it very clear what sue and settle does. Sue and settle does not take the power for an agency to enter into a consent decree. Consent decrees are used often. The problem with this one is that when you have two parties on the same page suing, in essence, what amounts to one so that they can get a desired result without talking to the others who were affected, that is just wrong.

It is like me taking another congressman, or you, Mr. Speaker, and saying: You know, let's work out a deal.

But the reality is it is going to affect my friend from across the aisle, but we are not going to tell him. We are simply going to say: We are going to work our deal out. We are going to go to the Court. We are going to get the Court to sign off on it and we are going to implement everything that we have without proper insight and oversight.

That is all that we are asking for. It is called fairness. I am not sure how you could be against that, unless you like the idea of writing regulatory law in cubicles down the street instead of here on the floor of the House.

The other issue I see here is this issue of slush funds. We have talked about this, and the gentleman put 10 pages into the Record. He can put 49 into the Record; he can put 550 into the Record of eligible agencies for this money.

The problem is not eligible agencies. Number one, they are not victims. Number two, they are not part of the suit, yet we are giving it at sometimes double the rate to the offenders. Those that the Justice Department said were doing wrong--let's get this clear. Like in the housing issue--said you are doing wrong in this mortgage issue.

But what we are going to do, instead of giving the money at 1:1 back to victims, we are going to give it at 2:1 if you go to our preferred charity in donation form. It sounds like to me the only people who are getting problematic here are the victims of it; and the others of these pages of people who may or may not have political leanings or religious leanings or anything else, they are the recipient of the lottery.

They said, ``We will go help these people; give us money,'' instead of saying this is an issue that needs to be dealt with in a settlement to the victims.

It also has been said that this is just giving money to help those in those areas so that they can get back on their feet. But it also went further than that. There were two instances in particular that I can come up with: the Housing Council, which this body said we are not funding any longer, yet the administration used these donations to circumvent the appropriations process and fund it. That is not the role of the executive branch. That is an article I role.

The electric vehicle subsidy, $2 billion, again, this body said no. They said: No worries. We will go get a settlement. We will just take the donations and we will fund something that Congress has already said no on.

So it is easy to paint with broad strokes and say this is not important, this does not matter. But for some of us it does matter.

Those stories--why people are so upset when they look at this town is they just remember what their old civic books told them: that there was a Congress, there was an executive branch, and there was a judicial branch; each required all to do their part.

If we decide that it is too far down the road, let's bind the hands of the executive branch. We will do whatever. This is nothing except Congress saying this is what we are going to do. It is saying, this is what matters for us. And we may call it cheap; we may call it little; we may call it solutions in search of a problem, but you talk about the businessowners and the industries and the States who had to pay out on these sue and settle agreements.

When you talk about the millions--the billions that were sent to Iran, I think there will be a lot of people, when you look at both sides of this case, who will say: Yes, Congress, I want you to stop this because this is the way it should be set up.

That is why these bills are on the floor today. That is why we are taking them up. That is the reason we are bringing them forward.

Mr. Speaker, I urge my colleagues to support the rule and the underlying bill.

Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and to include extraneous material on H.R. 469.

Mr. Chairman, I yield myself such time as I may consume.

Mr. Chairman, I am glad to be here on H.R. 469. We have had the opportunity, through rule debate yesterday, to discuss this.

What we are coming forward with today is a bill that I have introduced that basically breaks down to what we know is a sue and settlement ban on this part of my bill. There are other parts that we are going to get to as we go forward in this.

But I think I want to start off this debate today by simply stating some of the foundational issues--things that we come here and talk about many times on the floor of the House have to do with bills and discussions. But one of the things I think that has been very disturbing for me--and I know many of our colleagues as we have come up here--is the disturbing trend of moving away from Congress relieving its powers and taking ownership of its Article I authority, and doing the oversight, doing the planning, doing the budgeting, and then sort of moving that more toward the executive branch or letting the judicial system take responsibility.

And I think one of the things that we are starting out with today in these bills, that we have taken up over the past 2 days, is a general discussion to move back toward Article I authority, which Congress is doing the legislating and the oversight that it is supposed to be, and the executive branch is following through in their role of actually executing the laws that are made, judicial, of course, being the interpretive branch.

What we are seeing in this bill--and one of the reasons for our sue and settlement legislation, which is my part of this bill, and I want to start here, and we will continue as we go through this through the other parts as we go--is really a fairness issue. And this is not specific to one party in the executive branch. I stated this yesterday. Sometimes it gets mixed up. But hear me clearly: I don't care the party of the resident at 1600 Pennsylvania Avenue. I do not care who they may be in the sense of what they do in that job. What I want to know is: Are they fulfilling the executive branch role and not overstepping Congress' role?

What we have seen over previous administrations, including the last one and the previous administration, especially under this area of sue and settlement that increased greatly during the last administration, was this idea of taking a law that we have passed, having the regulatory agency's job to execute that law; but, at the same point in time, being sued by a friendly party, or another party, on a deadline of the bill, or something that they want to, they go into, say, with EPA or another agency, and they discuss this lawsuit. They come to an agreement, and they

file the suit. Many times the suit and the consent were filed on the same day.

The consent decree--now, look, consent decrees are good judicial tools. They have been used, and will continue to be used, even under this bill. But what we don't want to have happen is when the consent decree basically comes at the time of the suit, or just shortly thereafter, where the party that wants to see a specific agenda pushed, along with a willing agency, goes to a judge, is able to get that consent decree, and then turn around and give it to somebody else and say: You now have to live under this without any emphasis or any input from the other party.

So we are simply saying: Let's make this a little fair. You are going to have to publicize notice, you are going to have to actually include others who may have a problem with this consent decree, and you are going to have to do it a little more transparently.

So we are going to start here today, Mr. Chairman. We are going to talk about these issues and coming forward. We can talk about many other things as the day progresses, but, at the end of the day, it is about Congress itself taking control of its Article I authority and saying, ``We are going to be the legislative branch that we are called to be,'' and the executive taking their role and judiciary taking theirs.

Mr. Chairman, I reserve the balance of my time.

Mr. Chairman, I appreciate the comments, especially of my friend from Rhode Island. I would agree in principle with the Meese amendment as well. The problem is that, through the Clinton administration and through preceding administrations, it has been watered

down. I would actually go back to that. The problem is lack of transparency and the lack of a coherent voice here as we go further, but I do appreciate the comments.

Mr. Chair, I yield 2 minutes to the gentleman from South Carolina (Mr. Norman).

Mr. Chairman, I don't believe, as was just stated, that there is a nefarious plot here. It is to get government doing the regulation it should with transparency--and that is what needs to be done--and have Congress do what it should be doing, and that is writing laws and having the regulatory process start from here. That is simply what we are looking at. If that is too much, I understand.

Mr. Chairman, I yield 5 minutes to the gentleman from Utah (Mr. Stewart).

Mr. Chairman, I yield 4 minutes to the gentleman from Louisiana (Mr. Johnson), a member of the Judiciary Committee.

Mr. Chairman, I yield myself such time as I may consume.

In closing, I just want to say that this is not just something that has

been dreamed up, as far as from a bill perspective. And they can point to studies that say this may or may not be a part, but even the outside organization, the Environmental Council of the States, sent a letter and basically did a resolution that said there is a need to reform State participation in EPA consent decrees which settled through citizen lawsuits. I mean, this is an issue because there is not the transparency that is needed. That is why these bills are here.

I would just like to remind everyone why we are considering this bill today, going back to where we first started, and why the House passed the Stop Settlement Slush Funds Act and the Congressional Subpoena Compliance and Enforcement Act earlier this week: to help restore and reinforce the powers the people gave Congress in Article I of the Constitution.

Restoring and reinforcing these powers is not some academic issue; this is something that we practice every day. It goes back to as early as our elementary school days dealing with our simple civics, saying this is the way our government is set up.

I have said this before, Mr. Chairman, from this podium, and I will say it again. If the people in agencies down the street would like to make law, then I encourage them to leave their job, run for Congress, and come up here and make law. This is not their job to do it from a cubicle down the street through a lawsuit. We need to do it up here, as it should be properly done.

So, for far too long, Congress has been giving away its power. We want to see that change. We are going to see that. That is why this bill is here. And although this bill alone is certainly not a silver bullet for restoring the power the Congress has ceded, just as powers are gradually lost over time, they will be regained by Congress gradually reasserting itself.

I ask my colleagues to join me in support of this legislation to reassert congressional authority and to ensure that individual liberty protected by the powers of separation of powers between the branches is maintained.

Mr. Chairman, I yield back the balance of my time.

Mr. Chairman, I rise as the designee of Chairman Goodlatte, and I have an amendment at the desk.

Mr. Chairman, the Department of the Treasury's interpretation of current law prohibits it from making public the names of plaintiffs. My amendment clarifies that these names, which this bill requires to be disclosed, will, in fact, be disclosed.

In January 2016, it was reported that the United States agreed to pay $1.7 billion to Iran in a settlement arising from an agreement to sell military equipment to Iran prior to the 1979 Iranian Revolution. At the time, it was known that $400 million in cash had been transferred to Iran, but it was unclear, even after public inquiry, how the remaining $1.3 billion had been paid.

On August 22, 2016, the New York Sun reported that, while conducting an ongoing but fruitless search of ``Iran'' as a claimant in the Treasury database, it found 13 payments totaling 13 cents less than $1.3 billion, as well as an additional payment of just over $10 million. Without further context, however, the New York Sun could not confirm whether these payments were, in fact, part of the settlement.

It was only after months of increased public scrutiny, long after the money had been disbursed, that the previous administration acknowledges that these payments were indeed part of the Iran settlement.

My amendment will ensure that the public knows about the conduct of its government and the laws that are being faithfully executed and that justice is being served. The information that this bill requires to be disclosed, which, in many cases is already publicly available in court documents, informs Congress and the public in new ways, particularly with regard to systemic government abuse.

Furthermore, any concerns about the disclosure of the plaintiffs' names are mitigated by the fact that this amendment does not foreclose a court's ability to protect private information. Indeed, the information required to be made public in title II will not be disclosed if such disclosure is prohibited by a court order. Moreover, Federal judges have ample discretion to allow a plaintiff to proceed under the pseudonym as a ``Doe plaintiff'' or to seal and redact intimate records.

My amendment is necessary to prevent future government abuse by increasing the overall transparency of the Judgment Fund and, in turn, increasing government accountability.

I urge my colleagues to support this important clarification, and I reserve the balance of my time.

Mr. Chairman, you can also go home and tell them, if they filed a suit, that it is already currently in the PACER system, probably with more information than just that, or they could have filed it under a pseudonym or had their lawyers have this suppressed. This is an issue that is already out there; and as we look at this, this is moving forward. So I would just ask that this amendment be reported favorably.

I yield back the balance of my time.

Mr. Chairman, I claim the time in opposition.

Mr. Chairman, with much respect for my ranking member on my committee--we have served together; we have worked on a lot of issues together, namely, the Police Working Group, and other things, and his work has been very helpful in that regard--I do have to oppose this amendment because, really, what this amendment does is seek less transparency, public participation, and judicial review for consent decrees and settlement agreements for regulations that allegedly will help to protect civil rights.

With all due respect, I believe this has matters backwards. More transparency, public input, and judicial scrutiny will only help to produce regulations that better protect civil rights.

Further, since the bill promotes the participation of regulated entities and State, local, and Tribal entities that may be affected by or help to enforce the regulations, it will promote buy-in from these groups. That will help the regulation to be better and more promptly implemented and not held for years in litigation challenging the rules.

I would urge my colleagues to oppose this amendment, and I yield back the balance of my time.

Mr. Chair, I claim the time in opposition.

I was just sitting here, Mr. Chairman, and I am excited and welcome my friend from Georgia to the fight for broadband. I have been leading on this fight now for several years, especially in my district, which is rural, which has a company called Windstream that does not provide for its citizens. I am excited to have the acknowledgment that rural broadband is something that we need to be fighting for.

My district has areas in which Windstream was supposed to use its Connect America funds to widen its footprint on rural broadband. Instead, they have shrunk it, only to compete in areas where they are competing against other companies, and only widening it in areas where they already had technology which they could have widened years before.

I think it is really interesting, and I am so glad about this because it also gives me the opportunity to talk about the GO Act, the Gigabyte Opportunity Act, which actually will provide real solutions into these districts for broadband opportunity.

I would encourage my friends from Georgia and from Michigan, and anybody else, to sign on to this bill. It is a good bill that has support across the way in the Senate, and also working with the administration to provide the way for States to actually look at their own States and provide gigabyte opportunity zones so that they can actually make ways and get these companies that are monopolizing the areas and not serving their constituents.

By the way, Mr. Chairman, it is sad because, in some of my districts right now, it has been over really about 6 weeks or so since Irma came through northeast Georgia and knocked out power and delayed broadband, and I still have customers in my district who do not have phone service or broadband this long after that fact.

This is just unacceptable, so I appreciate the concern here. The only problem is, this amendment doesn't help. This amendment is not one that does--again, it just is another amendment, unfortunately, like the last amendment, that seeks less transparency and public participation. It does not do anything to discourage people from working to find rural broadband solutions.

What this actually does, it just, again, tries to seek less transparency instead of more. But I think there is a positive here. I choose to look at the positive. I disagree with this amendment and would ask that it be voted ``no.'' But I look at the positive to say, as someone from Georgia, we have got a fight we can connect on, and that is rural broadband, because there is no longer a digital divide. There is a hope and dream divide. It is not a digital divide. It is a hope and dream for those students, and those moms, and those dads, and those families in those areas who cannot access the internet.

For me, it was a radio and a book. It took me all over the world. Nowadays, it is the internet and a phone where our students can actually get what they want. Unfortunately, this amendment doesn't do it. I have to oppose this amendment, but I am glad to welcome to the fight another friend against the evils of not being able to expand broadband.

Mr. Chair, I yield back the balance of my time.

Mr. Chairman, I yield myself such time as I may consume.

Mr. Chairman, I rise in opposition to H.R. 469, an unwarranted and costly intrusion into Congress' powers under Article I of the Constitution that will undermine the enforcement of statutory deadlines.

When passing laws, Congress routinely establishes mandatory deadlines for agency action. These statutory deadlines serve several purposes. They establish congressional priorities, attempt to reduce undue delay in an agency's compliance with the law, and communicate the importance of a legal requirement to the public. But because agency resources are limited, there is widespread noncompliance with statutory deadlines, as the Administrative Conference of the United States has long observed.

Accordingly, a plaintiff with standing may file a lawsuit to complete a schedule for an agency to complete an action required by Congress, often referred to as a ``deadline suit.'' As the nonpartisan Government Accountability Office, the GAO, reported earlier this year, ``Most deadline suits are resolved through a negotiated settlement agreement because, in the majority of them, it is undisputed that a statutory deadline was missed,'' and there was no legal defense to the lawsuit.

But proponents of H.R. 469 assert that these settlements undercut applicable administrative law and short-circuit review of new regulations. This premise is based on a report by the Chamber of Commerce that the so-called sue and settle process is increasingly being used as a technique to shape agencies' regulatory agendas. This concern, however, is unsupported by any independent evidence and has been debunked by the GAO.

In two reports on deadline suits, the GAO has found that, ``the settlement agreements did not affect the substantive basis or procedural rulemaking requirements,'' of the agencies it studied.

In its December 2014 report on deadline lawsuits involving the Environmental Protection Agency, the GAO determined that none of the settlements finalized under the Obama administration ``included terms that finalized the substantive outcome of a rule.'' The GAO underscored this point in the title of its report: ``Impact of Deadline Suits on EPA's Rulemaking is Limited.''

In its February 2017 report on deadline suits involving the Endangered Species Act, the GAO found that ``the settlement agreements did not affect the substantive basis or procedural rulemaking requirements the agencies were to follow in completing the actions, such as providing opportunities for public notice and comment on proposed listing rules.''

Leading experts have also debunked the Chamber's sue and settle narrative. John Cruden, a senior career official at the Justice Department for more than two decades during two Republican and two Democratic administrations, testified on a substantially identical bill that he was ``not aware of any instance of a settlement that could remotely be described as collusive, but that the Justice Department vigorously represented the Federal agency, defending the agency's legal position, and obtaining in any settlement the best possible terms that were consistent with the controlling law.''

Other administrative law experts, such as Robert Weissman, the president of Public Citizen, have similarly testified that sue and settlement allegations are patently false.

This bill is also unnecessary because current law and agency practice already restrict the use of settlement policy to shape regulatory priorities. During its exhaustive review of deadline litigation, the GAO found that the Justice Department is guided by the Meese memo of 1986, when litigating deadline suits. This policy, as the GAO noted earlier this year, limits the settlement of a deadline suit to ``only include a commitment to perform a mandatory action by an agreed upon schedule and would not otherwise predetermine or prescribe a specific substantive outcome for the actions to be completed by the agencies.''

The Meese memo was codified in 1991, in the Code of Federal Regulations, and applies to settlement policy today. The Meese policy primarily restricts agencies from using settlement policy to contravene the law or congressional intent.

As the majority noted in its report on a substantially identical version of the bill considered last Congress, this policy is grounded in separation of powers concerns. There is no evidence that agencies do not follow this policy, and the majority's witnesses in prior hearings on this proposal have been unable to provide examples of settlements that violate the Meese policies.

H.R. 469 is also wasteful and undermines Congress' powers under Article I of the Constitution. Congress, not agencies, establish regulatory priorities through statutes. Agencies do not have discretion to pick and choose regulatory priorities where Congress has expressly instructed that certain actions be undertaken by a specific date. By imposing a series of onerous procedures that will constrain the use of settlements to resolve a Federal agency's noncompliance with the law, H.R. 469 erodes the constitutional function of the legislative branch.

Finally, the bill is also costly. The Congressional Budget Office notes that this bill greatly lengthens the settlement process, costing millions of dollars and straining the Treasury's Judgment Fund through increased attorney's fees.

In closing, I strongly oppose this measure.

I now yield the balance of my time to the gentleman from Michigan (Mr. Conyers), our ranking member, to control.

Mr. Chairman, I yield 4 minutes to the distinguished gentleman from New York (Mr. Nadler).

Mr. Chairman, I yield myself such time as I may consume.

I just want to again remind folks that, during the course of this argument, we have heard this narrative about the problems with the sue and settle, as Mr. Nadler described it, an imagined, concocted vast conspiracy, but without any evidence that it actually exists, a solution in search of a problem.

Just to remind folks, there were two reports done by the GAO--I have them in my hand; they are thick--that, in fact, undermine the suggestion that there is any such problem.

In response to requests from the Republican committee chairs, the Government Accountability Office has twice concluded that agencies cannot and do not circumvent the rulemaking system through settlements relating to statutory deadlines.

Finally, we received testimony earlier this year from Attorney General Jeff Sessions' Justice Department that current agency policy, which was codified in 1991, prohibits circumventing the rulemaking process through deadline lawsuits. We have heard similar testimony from career Justice Department officials in prior administrations.

I ask the question: How is H.R. 469 necessary in light of this complete lack of support for this so-called sue and settle phenomenon and the presence of controls against this from happening in the first instance?

Mr. Chair, again, there is just no evidence to support the necessity for this. I think it has been articulated very well by my colleagues what the dangers are of moving forward with this legislation.

Mr. Chair, I reserve the balance of my time.

Mr. Chairman, I yield myself the balance of my time.

Mr. Chairman, I just want to say I am baffled by the gentleman from Louisiana's assertion that this legislation improves accountability. It is very hard to imagine how undermining the enforcement of duly enacted legislation by Congress of the United States improves accountability.

This is like the upsidedown world. How does that improve accountability, making it more difficult to enforce the laws passed by Congress of the United States?

Mr. Chairman, I just want to say in closing that it is very important to note that my opposition to H.R. 469 is joined by a very broad spectrum of organizations, including the American Federation of Labor and Congress of Industrial Organizations, or AFL-CIO; the American Federation of State, County, and Municipal Employees; Public Citizen; Consumer Federation of America; the National Consumer Law Center; the Natural Resources Defense Council; the Sierra Club; Earthjustice; and People for the American Way; among many others.

Mr. Chairman, I think that is company, which should suggest to my colleagues that this legislation does not benefit the American people, it will undermine the actions of Congress.

Mr. Chairman, I urge everyone to vote ``no,'' and I yield back the balance of my time.

Mr. Chairman, I seek time in opposition to the amendment.

Mr. Chairman, I think it is very important to say at the outset this is not about clarifying anything. This is about a major change in policy.

This amendment will permit the publication of a victim's sensitive information, such as the individual's name and case history, on the internet. This overrides the Privacy Act.

So let's be clear about what this is. This is not a clarification. This is a major change in policy.

This amendment will make a bad bill even worse. It specifies that the Privacy Act does not prohibit the publication of a victim's sensitive information, such as his or her name and case history.

Under current law, the Treasury Department cannot, for the purposes of the Judgment Fund, publish the sensitive information of individuals who are victims of government abuse or misconduct, such as a name or case history. This is because the Privacy Act requires an individual's consent prior to publishing their name or other sensitive information.

Although proponents of this amendment may claim that this information is, in some instances, already publicly available, the Supreme Court has recognized that a person's privacy interests and their personal information collected in government records does not automatically dissolve because such information may be available to the public already in some other format. Individuals have the right to control the dissemination of their own personal information. This amendment makes it clear that the bill will infringe on an individual's personal privacy if he or she is compensated from the Judgment Fund.

Moreover, this amendment does not further the public interest in government transparency. Publishing an individual person's name on the internet sheds no significant light on the inner workings of government and has no value; and so, to the contrary, it will result in potentially grave harassment or even intimidation.

Revealing this information is an unwarranted intrusion on personal privacy of individuals harmed by government misconduct, which could include victims of medical malpractice as well as racial and sexual discrimination. In effect, it revictimizes the victims of government misconduct or abuse--a terrible result.

So, therefore, I oppose this amendment which does not do anything to improve the bill and, in fact, makes it considerably worse.

Mr. Chairman, I urge my colleagues to vote ``no'' on this amendment. And if you vote for it, recognize that you will have to go home and tell your constituents that you have agreed to a serious invasion of their personal privacy and that it will allow individuals who are victims of government misconduct to have that personal information put on the internet and shared with millions of people all over the world.

I yield back the balance of my time.

Mr. Chair, I reserve the balance of my time.

Mr. Chairman, I yield myself such time as I may consume.

Mr. Chairman, I am very pleased to be here to support--well, I don't think it is going to be support. It is really more in opposition to this so-called Sunshine for Regulations and Regulatory Decrees and Settlements Act.

Well, why? Well, because it is anticonsumer.

Well, why? Because it is antienvironment.

Well, why? Because it is antiprivacy.

Not surprisingly, a broad consortium of more than 150 organizations strenuously oppose this bill, including some of our best nonprofits: the National Resources Defense Council, for example; the Sierra Club, for another example; Public Citizen; and a lot of labor organizations and other groups.

Title I of this bill, for example, has one goal: it is to discourage the use of settlement agreements and consent decrees that compel agencies to follow the law.

When enacting new statutes, Congress routinely establishes deadlines for agency action, particularly when it involves urgent public health and safety concerns. When agencies fail to meet these deadlines, a party with standing may file a lawsuit under section 7 of the Administrative Procedure Act to ensure that the agency performs this mandatory, nondiscretionary duty. By delaying the enforcement of statutory deadlines, the bill, however, jeopardizes public health and safety, which explains why the previous Obama administration issued a veto threat to similar legislation considered only last Congress.

Title I imposes nearly impossible hurdles for agencies seeking to resolve the deadline lawsuits and gives opponents of regulation multiple opportunities to stifle agency regulatory actions.

With respect to consent decrees concerning a rulemaking, an agency would be forced to go through two public comment periods--one for the consent decree, and one for the rulemaking that results from the consent decree--doubling the agency's effort. In addition, it would allow any affected party to intervene in opposition to a proposed settlement agreement or consent decree.

Contrary to the claims of those who support this measure, the Government Accountability Office has found no evidence that these deadline lawsuits are collusive. As the Justice Department, which represents most Federal agencies, acknowledged earlier this year, these agencies are left with few defenses, if any, to these lawsuits.

I am also concerned that H.R. 469 will inevitably generate more litigation that will result in millions of dollars of additional transactional costs, all of which will be borne by you know who--the American taxpayer.

For example, the nonpartisan Congressional Budget Office, in its analysis of the bill's predecessor from the last Congress, concluded:

The measure would impose millions of dollars in additional

costs, most of which would be incurred because the litigation

involving consent decrees and settlement agreements would

probably take longer under the bill, and agencies would face

additional administrative requirements.

That is a quotation. In other words, Title I of this bill is a costly solution, again, in search of a problem.

Now, Title II of the bill isn't much better. For instance, Title II overrides the Privacy Act to require publication of sensitive personal information of victims of government abuse or unlawful conduct, which raises serious privacy concerns.

Although proponents of this measure argue it will increase government transparency, its real effect will be to force the Treasury Department to publish, on the Internet, the names of individual victims of government misconduct compensated for their claims by the Judgment Fund, including victims of race and sex discrimination, and so, in effect, revictimizing victims harmed by the Federal Government.

Finally, Title III would facilitate the ability of the House majority to intervene in pending cases where the Justice Department has already determined that it will not defend the constitutionality of a Federal law.

Not only do these provisions raise possible separation of powers concerns, it is unclear why they are even needed.

This measure has not ever been the subject of a single hearing or markup by the Judiciary Committee of the House of Representatives. As a result, there has not been any opportunity to consider these critical issues and to analyze the ramifications presented by Title III.

For all of these reasons, I must, accordingly, urge my colleagues to oppose H.R. 469.

Mr. Chairman, I reserve the balance of my time.

Mr. Chairman, I have an amendment at the desk.

Mr. Chairman, my amendment would exempt from H.R. 469 settlement agreements and consent decrees intended to prevent discrimination based on race, religion, national origin, or other protected category.

Given the often systemic nature of discriminatory conduct, settlement

agreements and consent decrees provide an invaluable means to provide for general relief for non-identifiable victims and to prevent future discriminatory acts.

In particular, they are instrumental in enforcing critical civil rights protections in a wide variety of cases, including voting rights violations and predatory lending practices based on race. Other examples include the use of consent decrees by the Justice Department to address unconstitutional police pattern or practice activities.

For example, in 2003, the City of Detroit entered into a consent decree with the Justice Department concerning the inappropriate use of force and arrest practices by the city's police department. As a result of this decree, the police department implemented vastly improved practices that have substantially reduced the incidence of fatalities caused by law enforcement activities, a goal that the Judiciary Committee Chairman Goodlatte and I very much endorse.

According to the department's civil rights division, these decrees facilitate institutional reforms, such as improving systems for supervising officers and holding them accountable for misconduct, as well as ensuring officers have the policy guidance, training, equipment, and other resources necessary for constitutional and effective policing.

Unfortunately, H.R. 469 would make the use of such remedies exceedingly difficult by subjecting them to numerous procedural and potentially meritless court challenges.

A particularly concerning provision of this bill is its broad and ill-defined authorization allowing virtually anyone to intervene with respect to a proposed settlement agreement or consent decree.

For example, imagine a proposed settlement agreement intended to restrict a city's school district from discriminating against Muslims. Under the bill, any anti-Muslim or neo-Nazi organization could petition the court to intervene for the purpose of opposing such agreement on the ground that it ``would affect'' such person.

This is just one of the many fundamental problems presented by this thoroughly flawed and, I think, harmful measure, and, so, accordingly, I ask my colleagues here to join me in opposing H.R. 469.

Mr. Chairman, I reserve the balance of my time.

Mr. Chairman, although H.R. 469 has many flaws, I am particularly concerned that the bill's broad and ill-defined requirements would effectively delay and possibly deter civil enforcement agencies from providing general relief in discrimination cases, discourage courts from enforcing these settlements, and also invite costly and needless litigation.

In response to this problem, my amendment would simply exclude from the bill's burdensome requirements settlement agreements and consent decrees intended to remediate generalized harms in civil rights cases.

Mr. Chairman, this is a commonsense amendment, and I urge my colleagues here to support it.

Mr. Chair, I yield back the balance of my time.