39–008 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 113–378 

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. 


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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. 


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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 

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— 


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(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. 

Æ 


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