[Congressional Record (Bound Edition), Volume 160 (2014), Part 3]
[House]
[Pages 4302-4310]
[From the U.S. Government Publishing Office, www.gpo.gov]




    EXECUTIVE NEEDS TO FAITHFULLY OBSERVE AND RESPECT CONGRESSIONAL 
                   ENACTMENTS OF THE LAW ACT OF 2014

  The Committee resumed its sitting.


               Amendment No. 3 Offered by Ms. Jackson Lee

  The Acting CHAIR (Mr. Duncan of South Carolina). It is now in order 
to consider amendment No. 3 printed in part A of House Report 113-378.
  Ms. JACKSON LEE. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       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.

  The Acting CHAIR. Pursuant to House Resolution 511, the gentlewoman 
from Texas (Ms. Jackson Lee) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Texas.
  Ms. JACKSON LEE. Mr. Chairman, frankly, maybe I should offer a good 
thanks to the distinguished members of the majority, the Republicans, 
my chairman and others, for giving us an opportunity to have a 
deliberative constitutional discussion that reinforces the sanctity of 
this Nation and how well it is that we have lasted some 400 years 
operating under a Constitution that clearly defines what is 
constitutional and what is not.
  The ENFORCEMENT Act is not constitutional, but it gives us an 
opportunity to raise these issues. That is what freedom is. That is 
what the opportunity of democracy is all about. So the Jackson Lee 
amendment engages in this discussion to reinforce that there are 
constitutional problems with the ENFORCE Act.
  My amendment excludes from the scope of the bill any executive action 
taken to comply with judicial decisions interpreting the constitutional 
Federal laws. The amendment would ensure that one House of Congress 
cannot initiate dilatory legal challenges when executive actions were 
taken to comply with the judicial decisions.
  A couple of weeks ago, I believe in the month of February, the 
Speaker of the House came forward regarding a serious issue when they 
announced that they were prepared to move forward with discussions on 
immigration reform. Then, less than 5 days later, the Speaker took to 
the airwaves and indicated that that offer of bipartisanship has been 
pulled down because of the trust question of the President of the 
United States.
  Mr. Chairman, I cannot tell you what happened in those 5 days. The 
President led the country; the President

[[Page 4303]]

provided for the country; the President listened to the American 
people; the President has been the Commander in Chief; and the 
President has provided that kind of fiscal responsibility working on 
the omnibus, the budget, and I don't know what happened.
  But what I will say to you is I can see no reason for this kind of 
legislation to come to the floor of the House and to be able to clearly 
poke a spear, if you will, in the eye of article 2 that says, ``The 
executive power shall be vested in a President of the United States of 
America.'' This President has that power.
  My amendment will ensure that whatever passes here allows the 
President to be able to handle the business of the American people 
through judicial and Federal statutes without interference. I would ask 
my colleagues to support my amendment.
  I reserve the balance of my time.
  Mr. Chair, I thank you for allowing a chance to explain my amendment.
  The purpose of H.R. 4138 is to provide a mechanism for one House of 
Congress to enforce the ``take care'' clause in article II, section 3 
of the United States Constitution, which requires the President to 
``take Care that the Laws be faithfully executed--but in fact has the 
opposite effect.''
  That is why my amendment protects the ability of the Executive Branch 
to comply with judicial decisions interpreting the Constitution or 
Federal laws.
  The Jackson Lee Amendment excludes from the scope of the bill any 
executive action taken to comply with judicial decisions interpreting 
the Constitution or Federal laws.
  The amendment would ensure that one house of Congress could not 
initiate dilatory legal challenges when executive actions were taken to 
comply with judicial decisions.
  The bill authorizes either chamber of Congress to bring a civil 
action against the executive branch for failure to faithfully execute 
existing laws.
  My colleagues on the other side argue that lawsuits by Congress to 
force the administration to enforce federal laws will prevent the 
president from exceeding his constitutional authority, but the Supreme 
Court has Constantly held that the exercise of executive discretion 
being taken by President Obama is within the president's powers under 
the Constitution.
  It is hard to believe that I would even need an amendment which 
instructs the Executive Branch that it is okay to--ENFORCE THE LAW.
  If separation-of-powers principles require anything, it is that each 
branch must respect its constitutional role.
  When a court issues a decision interpreting the Constitution or a 
federal law, the other branches must abide by the decision.
  The Executive Branch's ability to fulfill its obligation to comply 
with judicial decisions should not be hampered by a civil action by 
Congress pursuant to this bill.
  Basic respect for separation of powers requires adoption of this 
amendment.
  But that is exactly what this bill is doing--in seeking to usurp the 
powers of the president--particularly President Obama--my colleague 
whom I realize was a former prosecutor--has put forth a piece of 
legislation which baffles me.
  In our Constitutional Democracy, taking care that the laws are 
executed faithfully is a multifaceted notion.
  And it is a well-settled principle that our Constitution imposes 
restrictions on Congress' legislative authority, so that the faithful 
execution of the Laws may present occasions where the President 
declines to enforce a congressionally enacted law because he must 
enforce the Constitution--which is the law of the land.
  In fact Mr. Chair, if the legislation raises no question of 
constitutionality, the laws that we pass in this pose complicated 
questions, and executing them can raise a number of issues of 
interpretation, application or enforcement that need to be resolved 
before a law can be executed.
  This bill, H.R. 4138, The ENFORCE Act, has problems with standing, 
separation of powers, and allows broad powers of discretion 
incompatible with notions of due process.
  The legislation would permit one House of Congress to file a lawsuit 
seeking declaratory and other relief to compel the President to 
faithfully execute the law. Any such decision would be reviewable only 
by the Supreme Court.
  These are critical problems. First, Congress is unlikely to be able 
to satisfy the requirements of Article III standing, which the Supreme 
Court has held that the party bringing suit have been personally 
injured by the challenged conduct.
  In the wide array of circumstances in which the bill would authorize 
a House of Congress to sue the president, that House would not have 
suffered any personal injury sufficient to satisfy Article III's 
standing requirement in the absence of a complete nullification of any 
legislator's votes.
  Second, the bill violates separation of powers principles by 
inappropriately having courts address political questions that are left 
to the other branches to decided.
  And Mr. Chair, I thought the Supreme Court had put this notion to 
rest as far back as Baker v. Carr, a case that hails from 1962. Baker 
stands for the proposition that courts are not equipped to adjudicate 
political questions--and that it is impossible to decide such questions 
without intruding on the ability of agencies to do their job.
  Third, the bill makes one House of Congress a general enforcement 
body able to direct the entire field of administrative action by 
bringing cases whenever such House deems a President's action to 
constitute a policy of non-enforcement.
  This bill attempts to use the notion of separation of powers to 
justify an unprecedented effort to ensure that the laws are enforced by 
the president--and I say one of the least creative ideas I have seen in 
some time.
  I ask my colleagues to support the Jackson Lee Amendment, which 
again, protects the ability of the Executive Branch to comply with 
judicial decisions interpreting the Constitution or Federal laws.
  Mr. Chair, the United States Constitution is sacrosanct--let's 
support it!
  Mr. GOODLATTE. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Virginia is recognized for 5 
minutes.
  Mr. GOODLATTE. Mr. Chairman, I oppose this amendment, as it would gut 
the bill.
  Read the text of the amendment. The amendment would explicitly 
prohibit the bill from affecting the executive branch's compliance with 
judicial decisions interpreting the Constitution or Federal laws. But 
that is exactly the point of the base bill.
  The base bill encourages the courts to decide constitutional issues 
relating to the Constitution's separation of powers between the 
branches of government. We would of course expect the President to obey 
those decisions from the courts, yet this amendment would grant the 
President the authority to defy those very court decisions by making 
sure that the President did not have to be, quote, affected by them.
  This amendment only adds insult to injury. It would take a bill 
designed to encourage the Federal courts to engage in the 
constitutional issues of the day and amend it to explicitly allow the 
President to defy the decisions of those courts.
  There is no reason to exempt court decisions from the bill's 
coverage. The base bill allows Congress to bring lawsuits if the 
President fails to faithfully execute the laws. The President is 
obligated to follow Federal court decisions to the same extent he must 
follow Federal statutes, treaty obligations, and, of course, the 
Constitution itself.
  Rather than furthering the bill's goal of enforcing the Take Care 
Clause, the amendment would create an enormous loophole in the bill's 
coverage, and so I must urge my colleagues to reject this gutting 
amendment.
  I reserve the balance of my time.
  Ms. JACKSON LEE. Mr. Chairman, how much time remains?
  The Acting CHAIR. The gentlewoman from Texas has 2\1/2\ minutes 
remaining.
  Ms. JACKSON LEE. Let me make this point, and I will yield 15 seconds 
to the distinguished gentlelady from California.
  But I thank the gentleman from Virginia for his eloquence. Obviously, 
he is from the great State of Thomas Jefferson, and I certainly am from 
the great law school of Thomas Jefferson, the University of Virginia 
School of Law.
  But let me just say that what this bill intends to do, the power the 
bill purports to assign to Congress to sue the President over whether 
he has properly discharged his constitutional obligations to take care 
that the laws be faithfully executed, exceeds--he knows it exceeds any 
constitutional boundaries. He is challenging the President on decisions 
that they don't agree with that are political. They don't agree with 
deferred adjudication. They don't agree with the DREAM Act youngsters. 
They don't agree that we

[[Page 4304]]

should move forward on immigration reform. They are challenging him on 
his right to exert his power.
  I yield 15 seconds to the gentlewoman from California (Ms. Lofgren).
  Ms. LOFGREN. Mr. Chairman, I agree with the amendment.
  I would note that the late Henry Hyde signed the letter urging for 
prosecutorial discretion. That is part of the law recognized by the 
Supreme Court in the Arizona case. I do not believe that the late Henry 
Hyde would have urged the administration to do something that did not 
comport with the Constitution or the law, and I include for the Record 
this letter.

                                Congress of the United States,

                                 Washington, DC, November 4, 1999.
     Re Guidelines for Use of Prosecutorial Discretion in Removal 
         Proceedings
     Hon. Janet Reno,
     Attorney General, Department of Justice, Washington, DC.
     Hon. Doris M. Meissner,
     Commissioner, Immigration and Naturalization Service, 
         Washington, DC.
       Dear Attorney General Reno and Commissioner Meissner: 
     Congress and the Administration have devoted substantial 
     attention and resources to the difficult yet essential task 
     of removing criminal aliens from the United States. 
     Legislative reforms enacted in 1996, accompanied by increased 
     funding, enabled the Immigration and Naturalization Service 
     to remove increasing numbers of criminal aliens, greatly 
     benefitting public safety in the United States.
       However, cases of apparent extreme hardship have caused 
     concern. Some cases may involve removal proceedings against 
     legal permanent residents who came to the United States when 
     they were very young, and many years ago committed a single 
     crime at the lower end of the ``aggravated felony'' spectrum, 
     but have been law-abiding ever since, obtained and held jobs 
     and remained self-sufficient, and started families in the 
     United States. Although they did not become United States 
     citizens, immediate family members are citizens.
       There has been widespread agreement that some deportations 
     were unfair and resulted in unjustifiable hardship. If the 
     facts substantiate the presentations that have been made to 
     us, we must ask why the INS pursued removal in such cases 
     when so many other more serious cases existed.
       We write to you because many people believe that you have 
     the discretion to alleviate some of the hardships, and we 
     wish to solicit your views as to why you have been unwilling 
     to exercise such authority in some of the cases that have 
     occurred. In addition, we ask whether your view is that the 
     1996 amendments somehow eliminated that discretion. The 
     principle of prosecutorial discretion is well established. 
     Indeed, INS General and Regional Counsel have taken the 
     position, apparently well-grounded in case law, that INS has 
     prosecutorial discretion in the initiation or termination of 
     removal proceedings (see attached memorandum). Furthermore, a 
     number of press reports indicate that the INS has already 
     employed this discretion in some cases.
       True hardship cases call for the exercise of such 
     discretion, and over the past year many Members of Congress 
     have urged the INS to develop guidelines for the use of its 
     prosecutorial discretion. Optimally, removal proceedings 
     should be initiated or terminated only upon specific 
     instructions from authorized INS officials, issued in 
     accordance with agency guidelines. However, the INS 
     apparently has not yet promulgated such guidelines.
       The undersigned Members of Congress believe that just as 
     the Justice Department's United States Attorneys rely on 
     detailed guidelines governing the exercise of their 
     prosecutorial discretion, INS District Directors also require 
     written guidelines, both to legitimate in their eyes the 
     exercise of discretion and to ensure that their decisions to 
     initiate or terminate removal proceedings are not made in an 
     inconsistent manner. We look forward to working with you to 
     resolve this matter and hope that you will develop and 
     implement guidelines for INS prosecutorial discretion in an 
     expeditious and fair manner.
           Sincerely,
         Representatives Henry J. Hyde; Barney Frank; Lamar Smith; 
           Sheila Jackson Lee; Bill McCollum; Martin Frost; Bill 
           Barrett; Howard L. Berman; Brian P. Bilbray; Corrine 
           Brown; Charles T. Canady; Barbara Cubin; Nathan Deal; 
           Lincoln Diaz-Balart.
         David Dreier; Bob Filner; Eddie Bernice Johnson; Sam 
           Johnson; Patrick J. Kennedy; Matthew G. Martinez; James 
           P. McGovern; Martin T. Meehan; F. James Sensenbrenner, 
           Jr.; Christopher Shays; Henry A. Waxman; Kay Granger; 
           Gene Green; Ciro D. Rodriguez.

  Ms. JACKSON LEE. Mr. Chairman, how much time remains?
  The Acting CHAIR. The gentlewoman from Texas has 1\1/4\ minutes 
remaining.
  Mr. GOODLATTE. Mr. Chairman, I reserve the balance of my time to 
close.

                              {time}  1545

  Ms. JACKSON LEE. Mr. Chairman, as I indicated, this is a political 
fight. I thought we had settled that fight with Baker v. Carr, a case 
that hails from 1962. Baker stands for the proposition that courts are 
not equipped to adjudicate political questions, and that it is 
impossible to decide such questions. Now our friends want to give 
Congress the right to expedite their lawsuit over the average citizen 
on a political question, first in a three-judge court, and then right 
to the Supreme Court of the United States, while the American people 
suffer because they want that particular position. It is a political 
question because it is the Republicans who want to be able to move 
beyond the authority given in the Constitution.
  I yield 15 seconds to the gentleman from Michigan (Mr. Conyers).
  Mr. CONYERS. I thank the gentlewoman very much because this is an 
important amendment. It doesn't gut the bill, and it isn't a loophole. 
This is a narrow amendment that only ensures that the President can 
comply with court decisions. The separation of powers principle is very 
important, and this amendment clarifies and adds to it.
  Ms. JACKSON LEE. I thank the gentleman for that very astute analysis, 
and I want to conclude, if I might, by saying that I respect the 
separation of powers, and I understand what my colleague said, and Mr. 
Conyers is very right. This amendment does not gut the legislation, but 
I understand what my colleagues are saying. What I would argue is that 
we all want the same thing--that the authority of the President remains 
that, the Congress, and the judiciary, and there is no exceeding. I 
believe we can do it in a better way. I ask my colleagues to support 
the Jackson Lee amendment.
  I yield back the balance of my time.
  Mr. GOODLATTE. Mr. Chairman, I will be brief and just say for the 
reasons already cited, this is a very harmful amendment. It would gut 
the bill. For that reason, I oppose it and urge my colleagues to oppose 
it.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Texas (Ms. Jackson Lee).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Ms. JACKSON LEE. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from Texas will 
be postponed.


                Amendment No. 4 Offered by Mr. Cicilline

  The Acting CHAIR. It is now in order to consider amendment No. 4 
printed in part A of House Report 113-378.
  Mr. CICILLINE. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       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.

  The Acting CHAIR. Pursuant to House Resolution 511, the gentleman 
from Rhode Island (Mr. Cicilline) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from Rhode Island.
  Mr. CICILLINE. Mr. Chairman, clearly as my colleagues have noted, the 
ENFORCE Act is a deeply flawed piece of legislation. It would give any 
legislative majority a blank check to challenge in court by filing a 
lawsuit any decision of the executive branch that it disagrees with.

[[Page 4305]]

  Instead of considering legislation to create jobs, to fix our broken 
immigration system, repair our crumbling infrastructure or raise the 
minimum wage, today the majority has brought to this floor a partisan 
measure to increase only one thing: congressional litigation. The bill 
raises serious constitutional questions, and fails to put in place 
responsible safeguards to prevent abuse. This is a dangerous attack 
that threatens the careful balance of power developed by our Founding 
Fathers.
  At a time when the American people have lost so much confidence in 
Congress, my Republican colleagues are offering yet another bill that 
will do nothing to improve the lives of Americans. Instead this bill 
will only add to the American people's scorn and ridicule of Congress. 
Just what we need, more contention, more division here in Congress by 
encouraging congressional lawsuits.
  In addition to its questionable purpose and substantive defects, the 
ENFORCE Act also fails to adequately protect taxpayer money, as it 
would open the floodgates to litigation for nearly any executive branch 
decision that a majority in either chamber disagrees with, and it would 
do so without a transparent accounting of taxpayer money spent.
  That is why I am offering this amendment today which simply requires 
quarterly reporting of the costs associated with the litigation under 
this act. Specifically, it would require the Comptroller General of the 
United States to issue quarterly reports to the House and Senate 
Judiciary Committees on the cost of civil actions brought pursuant to 
this act, including any attorney fees.
  Since many of my colleagues have previously and routinely expressed 
significant concern about ensuring taxpayer dollars are used 
appropriately and carefully, one would expect the ENFORCE Act to have 
clear oversight and transparency provisions in place. However, it does 
not.
  That is why I urge my colleagues to support my amendment, which would 
provide a transparent, quarterly accounting of the costs of pursuing 
legal action under this act.
  As many of my colleagues know, litigation can be extremely expensive. 
So let's ensure Members of Congress and the public are aware of exactly 
how much taxpayer resources are being spent on pursuing legal action 
under this act. While disbursement reporting requirements already exist 
for Federal expenditures, recent experience underscores their 
inadequacy to provide timely, transparent disclosure of precisely how 
much has been spent on litigation.
  For example, over the last few years, the House of Representatives, 
at the direction of the majority and over strong objections by Leader 
Pelosi and Whip Hoyer, hired outside counsel to defend the Defense of 
Marriage Act in court. What began as a contract for up to $500,000 in 
legal services to defend DOMA has grown through a series of contract 
extensions to be up to $3 million, and it is hard to determine at what 
point and at what cost the majority's pursuits will end.
  Today, nearly 9 months since the United States Supreme Court struck 
down section 3 of DOMA as unconstitutional, we still don't have an 
adequate accounting of how much the House majority has spent on 
defending this discriminatory law, or whether it continues to spend 
taxpayer funding on this matter.
  As minority members of the House Administration Committee reported 
during this legal challenge in 2012:

       No one seems to know where the funds are coming from. There 
     has been no appropriation for this expense. There has been no 
     mention of the funding source in the contract extensions. 
     There is no record of a payment being made in the statement 
     of disbursements.

  Clearly, the existing reporting requirements are insufficient to 
inform Members of Congress and the general public of its litigation 
disbursements. While Members may disagree on the merits of DOMA, as 
well as the legislation before us today, we should all recognize that 
neither side, nor the public interest, is served by obscuring the 
disclosure of litigation expenses.
  Therefore, I urge my colleagues to support my amendment, a simple 
reporting requirement that will safeguard and provide transparency to 
ensure that spending under this very misguided legislation is made 
clear.
  I reserve the balance of my time.
  Mr. GOODLATTE. Mr. Chairman, I rise to claim the time in opposition 
to the amendment even though I do not oppose the amendment.
  The Acting CHAIR. Without objection, the gentleman from Virginia is 
recognized for 5 minutes.
  There was no objection.
  Mr. GOODLATTE. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I will support the adoption of this amendment. This 
amendment basically codifies, at least as far as the House of 
Representatives is concerned, requirements that already exist regarding 
reporting the costs of congressional litigation. When the House engages 
in litigation, the costs of that litigation are already reported to the 
House Appropriations Committee and the Committee on House 
Administration. This amendment merely expands these existing reporting 
requirements to include the Government Accountability Office.
  Had the gentleman from Rhode Island prefiled this amendment during 
Judiciary Committee consideration of the bill, we may have been able to 
consider it during markup. However, without notice of the amendment, we 
were not able to determine at markup whether the amendment implicated 
any attorney-client privilege concerns. We are now satisfied, given 
existing reporting requirements, that this amendment does not present a 
privilege problem.
  For these reasons, I support the adoption of this amendment, and urge 
my colleagues to do so.
  I reserve the balance of my time.
  Mr. CICILLINE. Mr. Chairman, I thank the chairman for his support, 
and I yield back the balance of my time.
  Mr. GOODLATTE. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Rhode Island (Mr. Cicilline).
  The amendment was agreed to.


                    Announcement by the Acting Chair

  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments printed in part A of House Report 
113-378 on which further proceedings were postponed, in the following 
order:
  Amendment No. 1 by Mr. Conyers of Michigan.
  Amendment No. 2 by Mr. Nadler of New York.
  Amendment No. 3 by Ms. Jackson Lee of Texas.
  The Chair will reduce to 2 minutes the minimum time for any 
electronic vote after the first vote in this series.


                 Amendment No. 1 Offered by Mr. Conyers

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Michigan 
(Mr. Conyers) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 188, 
noes 227, not voting 15, as follows:

                             [Roll No. 120]

                               AYES--188

     Barber
     Barrow (GA)
     Bass
     Beatty
     Becerra
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Butterfield
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio

[[Page 4306]]


     DeGette
     Delaney
     DelBene
     Deutch
     Doggett
     Doyle
     Duckworth
     Ellison
     Engel
     Enyart
     Eshoo
     Esty
     Farr
     Fattah
     Foster
     Fudge
     Gabbard
     Gallego
     Garamendi
     Garcia
     Gibson
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heck (WA)
     Higgins
     Himes
     Hinojosa
     Holt
     Honda
     Horsford
     Hoyer
     Huffman
     Israel
     Jackson Lee
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maffei
     Maloney, Carolyn
     Maloney, Sean
     Matheson
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNerney
     Meeks
     Michaud
     Miller, George
     Moore
     Moran
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Negrete McLeod
     Nolan
     O'Rourke
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peters (CA)
     Peters (MI)
     Peterson
     Pocan
     Polis
     Price (NC)
     Quigley
     Rahall
     Richmond
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schiff
     Schneider
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Waxman
     Welch
     Wilson (FL)
     Yarmuth

                               NOES--227

     Aderholt
     Amash
     Bachmann
     Bachus
     Barletta
     Barr
     Barton
     Benishek
     Bentivolio
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Boustany
     Brady (TX)
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Broun (GA)
     Buchanan
     Bucshon
     Burgess
     Byrne
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coble
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Conaway
     Cook
     Cotton
     Cramer
     Crawford
     Crenshaw
     Culberson
     Daines
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Heck (NV)
     Hensarling
     Herrera Beutler
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Joyce
     Kelly (PA)
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     LaMalfa
     Lamborn
     Lance
     Lankford
     Latham
     Latta
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Marchant
     Marino
     Massie
     McAllister
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McKeon
     McKinley
     McMorris Rodgers
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mullin
     Mulvaney
     Murphy (PA)
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paulsen
     Pearce
     Perry
     Petri
     Pittenger
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Royce
     Runyan
     Ryan (WI)
     Salmon
     Sanford
     Scalise
     Schock
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stewart
     Stivers
     Stockman
     Stutzman
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walorski
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westmoreland
     Whitfield
     Williams
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IN)

                             NOT VOTING--15

     Amodei
     Bera (CA)
     DeLauro
     Dingell
     Edwards
     Frankel (FL)
     Gosar
     Matsui
     Meng
     Pelosi
     Pingree (ME)
     Rangel
     Rooney
     Schakowsky
     Velazquez

                              {time}  1621

  Messrs. BENTIVOLIO, CAMPBELL, RENACCI, and YOHO changed their vote 
from ``aye'' to ``no.''
  Messrs. McNERNEY, MAFFEI, and HINOJOSA changed their vote from ``no'' 
to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                 Amendment No. 2 Offered by Mr. Nadler

  The Acting CHAIR (Mr. Fleischmann). The unfinished business is the 
demand for a recorded vote on the amendment offered by the gentleman 
from New York (Mr. Nadler) on which further proceedings were postponed 
and on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 190, 
noes 225, not voting 15, as follows:

                             [Roll No. 121]

                               AYES--190

     Barber
     Barrow (GA)
     Bass
     Beatty
     Becerra
     Bera (CA)
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Butterfield
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DelBene
     Denham
     Deutch
     Diaz-Balart
     Doggett
     Doyle
     Duckworth
     Ellison
     Engel
     Enyart
     Eshoo
     Esty
     Farr
     Fattah
     Foster
     Fudge
     Gabbard
     Gallego
     Garamendi
     Garcia
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heck (WA)
     Higgins
     Himes
     Hinojosa
     Holt
     Honda
     Horsford
     Hoyer
     Huffman
     Israel
     Jackson Lee
     Jeffries
     Johnson (GA)
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maffei
     Maloney, Carolyn
     Matheson
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNerney
     Meeks
     Michaud
     Miller, George
     Moore
     Moran
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Negrete McLeod
     Nolan
     O'Rourke
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peters (CA)
     Peters (MI)
     Peterson
     Pocan
     Polis
     Price (NC)
     Quigley
     Rahall
     Richmond
     Ros-Lehtinen
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schiff
     Schneider
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Tsongas
     Valadao
     Van Hollen
     Vargas
     Veasey
     Vela
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Waxman
     Welch
     Wilson (FL)
     Yarmuth

                               NOES--225

     Aderholt
     Amash
     Bachmann
     Bachus
     Barletta
     Barr
     Barton
     Benishek
     Bentivolio
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Boustany
     Brady (TX)
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Broun (GA)
     Buchanan
     Bucshon
     Burgess
     Byrne
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coble
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Conaway
     Cook
     Cotton
     Cramer
     Crawford
     Crenshaw
     Culberson
     Daines
     Davis, Rodney
     Dent
     DeSantis
     DesJarlais
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Heck (NV)
     Hensarling
     Herrera Beutler
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Joyce
     Kelly (PA)
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)

[[Page 4307]]


     Kline
     Labrador
     LaMalfa
     Lamborn
     Lance
     Lankford
     Latham
     Latta
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Maloney, Sean
     Marchant
     Marino
     Massie
     McAllister
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McKeon
     McKinley
     McMorris Rodgers
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mullin
     Mulvaney
     Murphy (PA)
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paulsen
     Pearce
     Perry
     Petri
     Pittenger
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Roskam
     Ross
     Rothfus
     Royce
     Runyan
     Ryan (WI)
     Salmon
     Sanford
     Scalise
     Schock
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stewart
     Stivers
     Stockman
     Stutzman
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Wagner
     Walberg
     Walden
     Walorski
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westmoreland
     Whitfield
     Williams
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IN)

                             NOT VOTING--15

     Amodei
     DeLauro
     Dingell
     Edwards
     Frankel (FL)
     Gosar
     Johnson, E. B.
     Matsui
     Meng
     Pelosi
     Pingree (ME)
     Rangel
     Rooney
     Schakowsky
     Velazquez


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining.

                              {time}  1629

  Mr. COFFMAN changed his vote from ``aye'' to ``no.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


               Amendment No. 3 Offered by Ms. Jackson Lee

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from Texas 
(Ms. Jackson Lee) on which further proceedings were postponed and on 
which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 185, 
noes 231, not voting 14, as follows:

                             [Roll No. 122]

                               AYES--185

     Barrow (GA)
     Bass
     Beatty
     Becerra
     Bera (CA)
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Butterfield
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DelBene
     Deutch
     Doggett
     Doyle
     Duckworth
     Ellison
     Engel
     Enyart
     Eshoo
     Esty
     Farr
     Fattah
     Foster
     Fudge
     Gabbard
     Gallego
     Garamendi
     Garcia
     Gibson
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heck (WA)
     Higgins
     Himes
     Hinojosa
     Holt
     Honda
     Horsford
     Hoyer
     Huffman
     Israel
     Jackson Lee
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maffei
     Maloney, Carolyn
     Maloney, Sean
     Matheson
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Michaud
     Miller, George
     Moore
     Moran
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Negrete McLeod
     Nolan
     O'Rourke
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peters (CA)
     Peters (MI)
     Pocan
     Polis
     Price (NC)
     Quigley
     Rahall
     Richmond
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schiff
     Schneider
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Waxman
     Welch
     Wilson (FL)
     Yarmuth

                               NOES--231

     Aderholt
     Amash
     Bachmann
     Bachus
     Barber
     Barletta
     Barr
     Barton
     Benishek
     Bentivolio
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Boustany
     Brady (TX)
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Broun (GA)
     Buchanan
     Bucshon
     Burgess
     Byrne
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coble
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Conaway
     Cook
     Cotton
     Cramer
     Crawford
     Crenshaw
     Culberson
     Daines
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Heck (NV)
     Hensarling
     Herrera Beutler
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Joyce
     Kelly (PA)
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     LaMalfa
     Lamborn
     Lance
     Lankford
     Latham
     Latta
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Marchant
     Marino
     Massie
     McAllister
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mullin
     Mulvaney
     Murphy (PA)
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Owens
     Palazzo
     Paulsen
     Pearce
     Perry
     Peterson
     Petri
     Pittenger
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Royce
     Runyan
     Ryan (WI)
     Salmon
     Sanford
     Scalise
     Schock
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stewart
     Stivers
     Stockman
     Stutzman
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walorski
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westmoreland
     Whitfield
     Williams
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IN)

                             NOT VOTING--14

     Amodei
     DeLauro
     Dingell
     Edwards
     Frankel (FL)
     Gosar
     Matsui
     Meng
     Pelosi
     Pingree (ME)
     Rangel
     Rooney
     Schakowsky
     Velazquez

                              {time}  1635

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  The Acting CHAIR. The question is on the amendment in the nature of a 
substitute, as amended.
  The amendment was agreed to.
  The Acting CHAIR. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Terry) having assumed the chair, Mr. Fleischmann, Acting Chair of the 
Committee of the Whole House on the state of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 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, pursuant to House 
Resolution 511, he reported the bill back to the House with an 
amendment adopted in the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on the amendment reported from the 
Committee of the Whole?

[[Page 4308]]

  If not, the question is on the adoption of the amendment in the 
nature of a substitute, as amended.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                           Motion to Recommit

  Mr. RUIZ. Mr. Speaker, I have a motion to recommit at the desk.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. RUIZ. Mr. Speaker, I am opposed.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Ruiz moves to recommit the bill H.R. 4138 to the 
     Committee on the Judiciary with instructions to report the 
     same back to the House forthwith, with the following 
     amendment:
       Add, at the end of the bill, the following:

     SEC. 3. PROTECTING STATES' RIGHTS.

       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 prevent an unconstitutional 
     intrusion into States' rights.

     SEC. 4. RESTORING UNEMPLOYMENT BENEFITS FOR AMERICA'S JOB 
                   SEEKERS.

       This Act shall not take effect until the most recent 
     percentage of the insured unemployed (those for whom 
     unemployment taxes were paid during prior employment) who are 
     receiving Federal or State unemployment insurance (UI) 
     benefits when they are actively seeking work is at least 
     equal to the percentage receiving such benefits for the last 
     quarter of 2013, as determined by the Department of Labor's 
     quarterly UI data summary measurement of the Unemployment 
     Insurance recipiency rate for all UI programs.

  Mr. GOWDY (during the reading). Mr. Speaker, I reserve a point of 
order.
  The SPEAKER pro tempore. A point of order is reserved.
  The gentleman from California is recognized for 5 minutes.
  Mr. RUIZ. Mr. Speaker, this is the final amendment to the bill, which 
will not kill the bill or send it back to committee. If adopted, the 
bill will immediately proceed to final passage as amended.
  Right now, House leadership is forcing a vote on a bill that they 
know will go nowhere. Instead of working to find pragmatic solutions to 
our most pressing problems, they have chosen to put politics above the 
needs of the American people.
  They have chosen to put politics above jobs, the economy, health 
care, comprehensive immigration reform and, again, they are playing 
politics with millions of hardworking families who have lost their job 
through no fault of their own and are currently looking for jobs.
  Currently, over 2 million people have lost unemployment insurance 
because of these political games. Every week, 72,000 people, on 
average, are losing their unemployment benefits nationwide while they 
are looking for jobs. In my home State of California, almost 350,000 
people are living on the brink of financial disaster because of these 
games. This is exactly the kind of political gamesmanship that the 
American people are sick and tired of.
  House leadership continues to refuse to restore these vital economic 
lifelines that help people support their families and pay their bills 
while they look for a new job.
  Long-term unemployment remains an enormous challenge for millions of 
Americans and our overall economy, which is exactly why we should put 
the American people first and renew this important program. We need a 
focus on creating new jobs and help American families temporarily 
weather the storm.
  I yield back the balance of my time.
  Mr. GOWDY. Mr. Speaker, I withdraw my point of order and rise in 
opposition to the motion to recommit.
  The SPEAKER pro tempore. The point of order is withdrawn.
  The gentleman from South Carolina is recognized for 5 minutes.
  Mr. GOWDY. Mr. Speaker, I want to talk for just a moment as 
colleagues--not as Republicans or Democrats, not as members of the 
majority or the minority, but colleagues who are blessed to serve in 
the United States House of Representatives, the people's House, with 
all the tradition, with all the history, with all the laws that have 
been passed, with all the lives that have been impacted. I want us to 
talk as colleagues. Because our foundational document gave us, as the 
House, unique powers and responsibilities. We run every 2 years because 
they intended for us to be closest to the people.

                              {time}  1645

  The President was given different duties and powers. The President 
was given the duty to take care that the laws be faithfully executed.
  So my question, Mr. Speaker, is what does that mean to you, that the 
laws be faithfully executed?
  We know the President can veto a bill for any reason or no reason. We 
know the President can refuse to defend the constitutionality of a 
statute, even one that he signs into law.
  We know the President can issue pardons for violations of the very 
laws that we pass, and we know the President has prosecutorial 
discretion, as evidenced and used through his U.S. attorneys.
  Mr. Speaker, that is a lot of power. What are we to do when that 
amount of power is not enough?
  What are we to do when this President, or any President, decides to 
selectively enforce a portion of a law and ignore other portions of 
that law?
  What do we do, Mr. Speaker, regardless of motivation, when a 
President nullifies our vote by failing to faithfully execute the law?
  How do we explain waivers and exemptions and delays in a bill passed 
by Congress and affirmed by the United States Supreme Court?
  How do we explain away a refusal to enforce mandatory minimums that 
were passed by Congress and affirmed by the Supreme Court?
  Why pursue, Mr. Speaker, immigration reform if Presidents can turn 
off the very provisions that we pass?
  You know, in the oaths that brand new citizens take, it contains six 
different references to the law. If it is good enough for us to ask 
brand new citizens to affirm their devotion to the law, is it too much 
to ask that the President do the same?
  If a President can change some laws, can he change all laws? Can he 
change election laws? Can he change discrimination laws? Are there any 
laws, under your theory, that he actually has to enforce?
  What is our recourse, Mr. Speaker?
  What is our remedy?
  Some would argue the Framers gave us the power of the purse and the 
power of impeachment, but Mr. Speaker, those are punishments, those are 
not remedies.
  What is the remedy if we want the Executive to enforce our work?
  This bill simply gives us standing when our votes are nullified. This 
bill allows us to petition the judicial branch for an order requiring 
the executive branch to faithfully execute the law.
  Mr. Speaker, we are not held in high public esteem right now. Maybe 
Members of Congress would be respected more if we respected ourselves 
enough to require that when we pass something, it be treated as law.
  Maybe we would be more respected if we had a firmly rooted 
expectation that when we pass something as law, it be treated as law.
  Maybe we would be more respected if we put down party labels and a 
desire to keep or retain or acquire the gavel and picked up the 
history, the tradition, and the honor of this, the people's House.
  Mr. Speaker, the House of Representatives does not exist to pass 
suggestions. We do not exist to pass ideas. We make law.
  While you are free to stand and clap when any President comes into 
this hallowed Chamber and promises to do it, with or without you, I 
will never stand and clap when any President, no matter whether he is 
your party or mine, promises to make us a constitutional anomaly and an 
afterthought. We make law.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.

[[Page 4309]]

  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. RUIZ. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for any electronic vote on 
the question of passage of the bill.
  The vote was taken by electronic device, and there were--ayes 187, 
noes 228, not voting 15, as follows:

                             [Roll No. 123]

                               AYES--187

     Barber
     Barrow (GA)
     Bass
     Beatty
     Becerra
     Bera (CA)
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Butterfield
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DelBene
     Deutch
     Doggett
     Doyle
     Duckworth
     Engel
     Enyart
     Eshoo
     Esty
     Farr
     Fattah
     Foster
     Fudge
     Gabbard
     Gallego
     Garamendi
     Garcia
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heck (WA)
     Higgins
     Himes
     Hinojosa
     Holt
     Honda
     Horsford
     Hoyer
     Huffman
     Israel
     Jackson Lee
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maffei
     Maloney, Carolyn
     Maloney, Sean
     Matheson
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNerney
     Meeks
     Michaud
     Miller, George
     Moore
     Moran
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Negrete McLeod
     Nolan
     O'Rourke
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peters (CA)
     Peters (MI)
     Peterson
     Pocan
     Polis
     Price (NC)
     Quigley
     Rahall
     Richmond
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schiff
     Schneider
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Waxman
     Welch
     Wilson (FL)
     Yarmuth

                               NOES--228

     Aderholt
     Amash
     Bachmann
     Bachus
     Barletta
     Barr
     Barton
     Benishek
     Bentivolio
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Boustany
     Brady (TX)
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Broun (GA)
     Buchanan
     Bucshon
     Burgess
     Byrne
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coble
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Conaway
     Cook
     Cotton
     Cramer
     Crawford
     Crenshaw
     Culberson
     Daines
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Heck (NV)
     Hensarling
     Herrera Beutler
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Joyce
     Kelly (PA)
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     LaMalfa
     Lamborn
     Lance
     Lankford
     Latham
     Latta
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Marchant
     Marino
     Massie
     McAllister
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McKeon
     McKinley
     McMorris Rodgers
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mullin
     Mulvaney
     Murphy (PA)
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paulsen
     Pearce
     Perry
     Petri
     Pittenger
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Royce
     Runyan
     Ryan (WI)
     Salmon
     Sanford
     Scalise
     Schock
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stewart
     Stivers
     Stockman
     Stutzman
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walorski
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westmoreland
     Whitfield
     Williams
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IN)

                             NOT VOTING--15

     Amodei
     DeLauro
     Dingell
     Edwards
     Ellison
     Frankel (FL)
     Gosar
     Matsui
     Meng
     Pelosi
     Pingree (ME)
     Rangel
     Rooney
     Schakowsky
     Velazquez

                              {time}  1656

  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. CONYERS. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 233, 
noes 181, not voting 16, as follows:

                             [Roll No. 124]

                               AYES--233

     Aderholt
     Amash
     Bachmann
     Bachus
     Barletta
     Barr
     Barrow (GA)
     Barton
     Benishek
     Bentivolio
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Boustany
     Brady (TX)
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Broun (GA)
     Buchanan
     Bucshon
     Burgess
     Byrne
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coble
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Conaway
     Cook
     Cotton
     Cramer
     Crawford
     Crenshaw
     Cuellar
     Culberson
     Daines
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallego
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Heck (NV)
     Hensarling
     Herrera Beutler
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Joyce
     Kelly (PA)
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     LaMalfa
     Lamborn
     Lance
     Lankford
     Latham
     Latta
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Marchant
     Marino
     Massie
     McAllister
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McKeon
     McKinley
     McMorris Rodgers
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mullin
     Mulvaney
     Murphy (PA)
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paulsen
     Pearce
     Perry
     Peterson
     Petri
     Pittenger
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Rahall
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Royce
     Runyan
     Ryan (WI)
     Salmon
     Sanford
     Scalise
     Schock
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stewart
     Stivers
     Stockman
     Stutzman
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walorski
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westmoreland
     Whitfield
     Williams
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IN)

[[Page 4310]]



                               NOES--181

     Barber
     Bass
     Beatty
     Becerra
     Bera (CA)
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Butterfield
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DelBene
     Deutch
     Doggett
     Doyle
     Duckworth
     Ellison
     Engel
     Enyart
     Eshoo
     Esty
     Farr
     Fattah
     Foster
     Fudge
     Gabbard
     Garamendi
     Garcia
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heck (WA)
     Higgins
     Himes
     Hinojosa
     Holt
     Honda
     Horsford
     Hoyer
     Huffman
     Israel
     Jackson Lee
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis
     Lipinski
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maffei
     Maloney, Carolyn
     Maloney, Sean
     Matheson
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNerney
     Meeks
     Michaud
     Moore
     Moran
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Negrete McLeod
     Nolan
     O'Rourke
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peters (CA)
     Peters (MI)
     Pocan
     Polis
     Price (NC)
     Quigley
     Richmond
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schiff
     Schneider
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Waxman
     Welch
     Wilson (FL)
     Yarmuth

                             NOT VOTING--16

     Amodei
     DeLauro
     Dingell
     Edwards
     Frankel (FL)
     Gosar
     Loebsack
     Matsui
     Meng
     Miller, George
     Pelosi
     Pingree (ME)
     Rangel
     Rooney
     Schakowsky
     Velazquez

                              {time}  1703

  Mr. CONYERS changed his vote from ``aye'' to ``no.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________