[House Report 113-378]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-378
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4138) TO PROTECT THE
SEPARATION OF POWERS IN THE CONSTITUTION OF THE UNITED STATES BY
ENSURING THAT THE PRESIDENT TAKES CARE THAT THE LAWS BE FAITHFULLY
EXECUTED, AND FOR OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF
THE BILL (H.R. 3973) TO AMEND SECTION 530D OF TITLE 28, UNITED STATES
CODE
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March 11, 2014.--Referred to the House Calendar and ordered to be
printed
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Mr. Nugent, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 511]
The Committee on Rules, having had under consideration
House Resolution 511, by a nonrecord vote, 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. 4138, the
ENFORCE the Law Act of 2014, 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 the Judiciary. The resolution waives all points of
order against consideration of the bill. The resolution makes
in order as original text for the purpose of amendment an
amendment in the nature of a substitute consisting of the text
of Rules Committee Print 113-43 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 A 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 A of
this report. The resolution provides one motion to recommit
with or without instructions.
Section 2 of the resolution provides for consideration of
H.R. 3973, the Faithful Execution of the Law Act of 2014, under
a structured rule. The resolution provides one hour of debate
equally divided and controlled by the chair and ranking
minority member of the Committee on the Judiciary. The
resolution waives all points of order against consideration of
the bill. The resolution provides that the amendment in the
nature of a substitute consisting of the text of Rules
Committee Print 113-42 shall be considered as adopted and the
bill, as amended, shall be considered as read. The resolution
waives all points of order against provisions in the bill, as
amended. The resolution makes in order only the further
amendment printed in part B of this report, if offered by
Representative Ellison of Minnesota or his designee. The
amendment shall be considered as read, shall be separately
debatable for 10 minutes 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. The resolution waives all points of order against the
amendment printed in part B of this report. The resolution
provides one motion to recommit with or without instructions.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
H.R. 4138 includes a waiver of clause 3(d)(1) of rule XIII,
which requires the inclusion of a committee cost estimate. It
is important to note that while a Congressional Budget Office
(CBO) cost estimate on H.R. 4138 was not available at the time
the Committee on the Judiciary filed its report, a CBO cost
estimate has since been made publically available.
Although the resolution waives all points of order against
the amendment in the nature of a substitute to H.R. 4138 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
amendments to H.R. 4138 printed in part A of this report, the
Committee is not aware of any points of order. The waiver is
prophylactic in nature.
The waiver of all points of order against consideration of
H.R. 3973 includes a waiver of clause 3(d)(1) of rule XIII,
which requires the inclusion of a committee cost estimate. It
is important to note that while a Congressional Budget Office
(CBO) cost estimate on H.R. 3973 was not available at the time
the Committee on the Judiciary filed its report, a CBO cost
estimate has since been made publicly available.
Although the resolution waives all points of order against
provisions in H.R. 3973, as amended, 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 amendment to H.R. 3973 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. 116
Motion by Mr. McGovern to make in order and provide the
appropriate waivers for amendment #8, offered by Rep. Gibson
(NY), which clarifies that the civil authority provided to
Congress in the underlying bill extends to the Executive
Branch's compliance with the War Powers Resolution (50 U.S.C.
et seq.). Defeated: 3-9
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Majority Members Vote Minority Members Vote
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Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Bishop of Utah.............................. Nay Mr. McGovern...................... Yea
Mr. Cole........................................ Nay Mr. Hastings of Florida........... ............
Mr. Woodall..................................... Nay Mr. Polis......................... Yea
Mr. Nugent...................................... Nay
Mr. Webster..................................... Nay
Ms. Ros-Lehtinen................................ Nay
Mr. Burgess..................................... Nay
Mr. Sessions, Chairman.......................... Nay
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SUMMARY OF THE AMENDMENTS TO H.R. 4138 IN PART A MADE IN ORDER
1. Conyers (MI): Excludes from the bill's scope any
executive actions taken to combat discrimination or to protect
civil rights. (10 minutes)
2. Nadler (NY): Clarifies that nothing in the act limits or
otherwise affects the constitutional authority of the executive
branch to exercise prosecutorial discretion. (10 minutes)
3. Jackson Lee (TX): Protects the ability of the Executive
Branch to comply with judicial decisions interpreting the
Constitution or Federal laws. (10 minutes)
4. Cicilline (RI): Provides for transparent accounting of
the costs of litigation, by requiring the Comptroller General
of the United States to issue quarterly reports to the House
and Senate Judiciary Committees on the costs of civil actions,
including any attorney fees, brought pursuant to this Act. (10
minutes)
SUMMARY OF THE AMENDMENT TO H.R. 3973 IN PART B MADE IN ORDER
1. Ellison (MN): Waives reporting requirements provided in
the bill if sufficient funds are not available to generate the
increased volume of reports. (10 minutes)
PART A--TEXT OF AMENDMENTS TO H.R. 4138 MADE IN ORDER
1. An Amendment To Be Offered by Representative Conyers Jr. of Michigan
or His Designee, Debatable for 10 Minutes
Add, at the end of the bill, the following:
(d) Limitation.--Nothing in this Act limits or otherwise
affects any action taken by the President, the head of a
department or agency of the United States, or any other officer
or employee of the United States in order to--
(1) combat discrimination; or
(2) protect the civil rights of the people of the
United States.
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2. An Amendment To Be Offered by Representative Nadler of New York or
His Designee, Debatable for 10 Minutes
Add, at the end of the bill, the following:
(d) Limitation.--Nothing in this Act limits or otherwise
affects the constitutional authority of the executive branch to
exercise prosecutorial discretion.
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3. An Amendment To Be Offered by Representative Jackson Lee of Texas or
Her Designee, Debatable for 10 Minutes
Add, at the end of the bill, the following:
(d) Limitation.--Nothing in this Act limits or otherwise
affects the ability of the executive branch to comply with
judicial decisions interpreting the Constitution or Federal
laws.
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4. An Amendment To Be Offered by Representative Cicilline of Rhode
Island or His Designee, Debatable for 10 Minutes
Add, at the end of the bill, the following:
SEC. 3. REPORT.
Not later than the last day of the first fiscal year quarter
that begins after the date of the enactment of this Act, and
quarterly thereafter, the Comptroller General of the United
States shall submit to the Committees on the Judiciary of the
House of Representatives and the Senate, a report on the costs
of any civil action brought pursuant to this Act, including any
attorney fees of any attorney that has been hired to provide
legal services in connection with a civil action brought
pursuant to this Act.
PART B--TEXT OF AMENDMENT TO H.R. 3973 MADE IN ORDER
1. An Amendment To Be Offered by Representative Ellison of Minnesota or
His Designee, Debatable for 10 Minutes
Add, at the end of the bill, the following:
SEC. 3. EFFECTIVE DATE.
Section 2, and the amendments made by section 2, shall take
effect only beginning on the date that the Attorney General
finds that sufficient amounts have been appropriated to cover
the costs of additional reports that the Attorney General is
required to submit by reason of such amendments, including
costs to Federal agencies and to Congress.