[House Report 115-96]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-96
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1694) TO REQUIRE
ADDITIONAL ENTITIES TO BE SUBJECT TO THE REQUIREMENTS OF SECTION 552 OF
TITLE 5, UNITED STATES CODE (COMMONLY REFERRED TO AS THE FREEDOM OF
INFORMATION ACT), AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION
OF MOTIONS TO SUSPEND THE RULES; AND WAIVING A REQUIREMENT OF CLAUSE
6(A) OF RULE XIII WITH RESPECT TO CONSIDERATION OF CERTAIN RESOLUTIONS
REPORTED FROM THE COMMITTEE ON RULES
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April 26, 2017.--Referred to the House Calendar and ordered to be
printed
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Mr. Woodall, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 280]
The Committee on Rules, having had under consideration
House Resolution 280, by a record vote of 8 to 3, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 1694, the
Fannie and Freddie Open Records Act of 2017, under a structured
rule. The resolution provides one hour of general debate
equally divided and controlled by the chair and ranking
minority member of the Committee on Oversight and Government
Reform. The resolution waives all points of order against
consideration of the bill. The resolution makes in order as
original text for purpose of amendment an amendment in the
nature of a substitute consisting of the text of Rules
Committee Print 115-14, modified by the amendment printed in
part A of this report, and provides that it shall be considered
as read. The resolution waives all points of order against that
amendment in the nature of a substitute. The resolution makes
in order only those further amendments printed in part B of
this report. Each such amendment may be offered only in the
order printed in this report, may be offered only by a Member
designated in this report, shall be considered as read, shall
be debatable for the time specified in this report equally
divided and controlled by the proponent and an opponent, shall
not be subject to amendment, and shall not be subject to a
demand for division of the question in the House or in the
Committee of the Whole. The resolution waives all points of
order against the amendments printed in part B of this report.
The resolution provides one motion to recommit with or without
instructions.
Section 2 of the resolution provides that it shall be in
order at any time through the legislative day of April 29,
2017, for the Speaker to entertain motions that the House
suspend the rules and that the Speaker or his designee shall
consult with the Minority Leader or her designee on the
designation of any matter for consideration pursuant to this
section.
Section 3 of the resolution waives clause 6(a) of rule XIII
(requiring a two-thirds vote to consider a rule on the same day
it is reported from the Rules Committee) against any resolution
reported through the legislative day of April 29, 2017.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill includes waivers of the following:
Section 302(f) of the Congressional Budget
Act, which prohibits consideration of legislation
providing new budget authority in excess of a 302(a)
allocation of such authority;
Section 303 of the Congressional Budget Act,
which prohibits consideration of legislation, providing
a change in revenues for a fiscal year until the budget
resolution for that year has been agreed to;
Clause 10 of rule XXI, which prohibits the
consideration of a bill if it has the net effect of
increasing mandatory spending over the five-year or
ten-year period.
It is important to note that while waivers are necessary,
the amendment printed in part A of this report is intended to
help offset the cost of the bill.
Although the resolution waives all points of order against
the amendment in the nature of a substitute made in order as
original text, the Committee is not aware of any points of
order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in part B of this report, the Committee
is not aware of any points of order. The waiver is prophylactic
in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 49
Motion by Mr. Hastings to limit the waiver of clause 6(a)
of clause XIII to apply only to measures related to
Appropriations. Defeated: 3-8
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Majority Members Vote Minority Members Vote
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Mr. Cole........................................ Nay Ms. Slaughter..................... ............
Mr. Woodall..................................... Nay Mr. McGovern...................... Yea
Mr. Burgess..................................... Nay Mr. Hastings of Florida........... Yea
Mr. Collins..................................... Nay Mr. Polis......................... Yea
Mr. Byrne....................................... Nay
Mr. Newhouse.................................... ............
Mr. Buck........................................ Nay
Ms. Cheney...................................... Nay
Mr. Sessions, Chairman.......................... Nay
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Rules Committee record vote No. 50
Motion by Mr. Cole to report the rule. Adopted: 8-3
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Majority Members Vote Minority Members Vote
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Mr. Cole........................................ Yea Ms. Slaughter..................... ............
Mr. Woodall..................................... Yea Mr. McGovern...................... Nay
Mr. Burgess..................................... Yea Mr. Hastings of Florida........... Nay
Mr. Collins..................................... Yea Mr. Polis......................... Nay
Mr. Byrne....................................... Yea
Mr. Newhouse.................................... ............
Mr. Buck........................................ Yea
Ms. Cheney...................................... Yea
Mr. Sessions, Chairman.......................... Yea
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SUMMARY OF THE AMENDMENT IN PART A CONSIDERED AS ADOPTED
1. Chaffetz (UT): Creates a fee structure intended to
enable Fannie and Freddie to recover the entirety of their
costs through fees to commercial requesters.
SUMMARY OF THE AMENDMENTS IN PART B MADE IN ORDER
1. Chaffetz (UT): MANAGER'S Makes technical and conforming
changes to the bill. (10 minutes)
2. Johnson, Hank (GA): Ensures that the traditional Freedom
of Information Act (FOIA) exemptions apply to this sub-section.
(10 minutes)
3. Plaskett (VI), Capuano (MA): Clarifies that nothing in
the bill may be construed to preclude or restrict disclosure of
information regarding new products or significant new product
terms prior to loan purchasing. (10 minutes)
PART A--TEXT OF AMENDMENT CONSIDERED AS ADOPTED
At the end of the bill, add the following new section:
SEC. 3. COMMERCIAL REQUESTERS.
For purposes of subsection (n) of section 552 of title 5,
United States Code, as added by section 2(a), each enterprise
described in such subsection shall establish a fee schedule
such that in the first year the fees collected from requests
for records intended for a commercial use cover the costs of
administering such subsection (n), which shall be estimated as
$40,000,000 in the first year. In each subsequent year, each
such enterprise shall evaluate whether the fees collected under
the prior year's fee schedule were sufficient to recover all
actual costs of administering subsection (n) and revise the fee
schedule to recover the costs of administering subsection (n)
in the following year and any outstanding costs of
administering subsection (n) from the prior year not collected
through fees in the prior year. Each such enterprise shall make
the revised fee schedule and a detailed explanation of the
prior year's costs and projections of future costs that were
used to justify the fee schedule publicly available online for
10 days prior to the fee schedule going into effect.
PART B--TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Chaffetz of Utah or His
Designee, Debatable for 10 Minutes
Page 1, strike line 10 and all that follows through line 16
and insert the following:
``(n)(1) This section shall apply to the Federal National
Mortgage Association and the Federal Home Loan Mortgage
Corporation during any period either such enterprise is under
conservatorship or receivership pursuant to section 1367 of the
Federal Housing Enterprises Financial Safety and Soundness Act
of 1992 (12 U.S.C. 4617).
``(2) For purposes of this subsection, the exemption
described in subsection (b)(4), relating to trade secrets and
commercial or financial information, shall apply without regard
to whether such information was obtained from a person outside
the Federal National Mortgage Association or the Federal Home
Loan Mortgage Corporation, as the case may be.''.
Page 1, line 18, after ``on the date'' insert the
following: ``that is six months after the date''.
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2. An Amendment To Be Offered by Representative Johnson of Georgia or
His Designee, Debatable for 10 Minutes
Page 1, after line 16 insert the following new subsection
(and redesignate the subsequent subsection accordingly):
(b) Rule of Construction.--Nothing in this Act may be
construed as precluding the application of any of the
exemptions described in section 552 of title 5, United States
Code, to subsection (n) of such section, as added by subsection
(a).
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3. An Amendment To Be Offered by Representative Plaskett of Virgin
Islands or Her Designee, Debatable for 10 Minutes
At the end of the bill, add the following new section:
SEC. 3. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendment made by this Act, may
be construed as precluding or restricting the disclosure of
information regarding any proposed new product or significant
new product term prior to loan purchasing, or substantive
negotiation with an interested party regarding purchase of
loans with such new product or significant new product term.
[all]