[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

                                _______
                                

   March 11, 2014.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------

     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.
                              ----------                              


 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.
                              ----------                              


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.
                              ----------                              


  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.

                                  
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