THE DAILY WHIP: WEDNESDAY, SEPTEMBER 7, 2016

H.Res. 843 – Rule providing for consideration of H.R. 5063 – Stop Settlement Slush Funds Act of 2016 (Rep. Goodlatte – Judiciary) (One hour of debate). The Rules Committee has recommended a structured Rule that provides for one hour of general debate equally divided and controlled by the Chair and Ranking Member of the Committee on Judiciary.  The Rule allows for 7 amendments, debatable for 10 minutes equally divided between the offeror and an opponent.  The Rule allows one motion to recommit, with or without instructions, and waives all points of order against the legislation.  Members are urged to VOTE NO.

H.R. 5063 – Stop Settlement Slush Funds Act of 2016 (Rep. Goodlatte – Judiciary) (One hour of debate).  This bill would sharply limit the autonomy of the Department of Justice (DOJ) and other government agencies to address unlawful conduct, provide restitution, or to adequately address illegal conduct by prohibiting settlement agreements involving the U.S. government from requiring the defendant make payments to an organization or individual not a party to the litigation.

House Republicans argue that H.R. 5063 is necessary in order to ensure that the DOJ and other agencies do not use settlement agreements to unlawfully fund political or activists groups, but there are already laws in place to prevent civil enforcement agencies from directing funds to politically-favored groups.  As a matter of public policy, H.R. 5063 will, if enacted, hamper the federal government’s ability to punish companies and organizations that engage in unlawful conduct, such as financial firms that engaged in mortgage fraud that contributed to the 2008 financial crisis.  Amplifying the flaws of H.R. 5063 is that the legislation is so poorly and broadly written that it will severely deter agencies from pursuing settlements and invite legal challenges to proposed settlements.

Even though Congress has not been in session for the past seven weeks, House Republicans are wasting time on another messaging bill, that, if enacted, would do nothing but interfere with the discretion of government agencies that are working to protect the American people instead of considering legislation to combat the Zika virus or fund the government to prevent another government shutdown.

In the Statement of Administration Policy, the President's senior advisors stated that they would recommend he veto this bill. 

The Rule makes in order 7 amendments, debatable for 10 minutes, equally divided between the offeror and an opponent.  The amendments are:

Conyers/Johnson (GA)/Meeks Amendment. Exempts settlement agreements pertaining to discrimination based on race, religion, national origin, or any other protected category.
Cicilline Amendment. Exempts settlement agreements that strengthen the personal privacy of Americans from the blanket prohibition in this legislation.
Jackson Lee Amendment #3. Exempts settlement agreements that pertain to providing restitution for a State.
Jackson Lee Amendment #4. Exempts settlement agreements that resolve a civil action or potential civil action in relation to sexual harassment, violence, or discrimination in the work place.
Gosar Amendment. Caps settlement payments for attorney fees provided in relation to environmental cases at $125 per hour.
Price (GA) Amendment #6. Requires the head of each Federal agency to electronically submit a report to the Congressional Budget Office on each settlement agreement entered into pursuant to this bill.
Price (GA) Amendment #7. Requires notice to banking customers if a customer account is terminated at the direction of federal banking regulators.

Bill Text for H.R. 5063:
PDF Version

Background for H.R. 5063:
House Report (HTML Version)
House Report (PDF Version)

Suspensions (5 bills)

1. H.Res. 660 – Expressing the sense of the House of Representatives to support the territorial integrity of Georgia (Rep. Poe – Foreign Affairs)
2. H.Res. 634 – Recognizing the importance of the United States-Republic of Korea-Japan trilateral relationship to counter North Korean threats and nuclear proliferation, and to ensure regional security and human rights, as amended (Rep. Salmon – Foreign Affairs)  
3. H.R. 4481 – Education for All Act of 2016, as amended (Rep. Lowey – Foreign Affairs)
4. H.R. 5537 – Digital GAP Act of 2016, as amended (Rep. Royce – Foreign Affairs)
5. H.R. 2845 – AGOA Enhancement Act of 2015, as amended (Rep. Royce – Foreign Affairs)   

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Thursday, September 8: The House will meet at 12:00 p.m. for legislative business.  The House is expected to consider H.R. 2357– Accelerating Access to Capital Act of 2016 (Rep. Wagner – Financial Services) (Subject to a Rule).