H.Res. 511: H.R. 4138 - ENFORCE the Law Act of 2014; H.R. 3973 - Faithful Execution of the Law Act of 2014

COMMITTEE ACTION: REPORTED BY A VOICE VOTE OF on Tuesday, March 11, 2014.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 229-192 AFTER ORDERING THE PREVIOUS QUESTION BY A RECORD VOTE OF 227-190 on Wednesday, March 12, 2014

MANAGERS: McGovern/Nugent

113th Congress
2nd Session

Rule

H.RES. 511

Report No. 113-378

 

H.R. 4138 - ENFORCE the Law Act of 2014

H.R. 3973 - Faithful Execution of the Law Act of 2014

  1. Structured rule for H.R. 4138.
  2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary.
  3. Waives all points of order against consideration of the bill.
  4. 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.
  5. Waives all points of order against that amendment in the nature of a substitute.
  6. Makes in order only those further amendments printed in part A of the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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.
  7. Waives all points of order against the amendments printed in part A of the report.
  8. Provides one motion to recommit with or without instructions.
  9. Structured rule for H.R. 3973.
  10.  Provides one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary.
  11. Waives all points of order against consideration of the bill.
  12. 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.
  13. Waives all points of order against provisions in the bill, as amended.
  14. Makes in order only the further amendment printed in part B of the Rules Committee 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.
  15. Waives all points of order against the amendment printed in part B of the report.
  16. Provides one motion to recommit with or without instructions.

 

RESOLUTION

Resolved, That at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union 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. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of the text of Rules Committee Print 113-43. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. No amendment to that amendment in the nature of a substitute shall be in order except those printed in part A of the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 2. Upon adoption of this resolution it shall be in order to consider in the House the bill (H.R. 3973) to amend section 530D of title 28, United States Code. All points of order against consideration of the bill are waived. An amendment in the nature of a substitute consisting of the text of Rules Committee Print 113-42 shall be considered as adopted. The bill, as amended, shall be considered as read. All points of order against provisions in the bill, as amended, are waived. The previous question shall be considered as ordered on the bill, as amended, and on any further amendment thereto, to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary; (2) the further amendment printed in part B of the report of the Committee on Rules accompanying this resolution, if offered by Representative Ellison of Minnesota or his designee, which shall be in order without intervention of any point of order , shall be considered as read, shall be separately debatable for 10 minutes equally divided and controlled by the proponent and an opponent, and shall not be subject to a demand for division of the question; and (3) one motion to recommit with or without instructions.

 

SUMMARY OF AMENDMENTS TO H.R. 4138 IN PART A PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

1. Conyers (MI)

#5

Excludes from the bill's scope any executive actions taken to combat discrimination or to protect civil rights.

(10 minutes)

2. Nadler (NY)

# 1

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)

#6

Protects the ability of the Executive Branch to comply with judicial decisions interpreting the Constitution or Federal laws.

(10 minutes)

4. Cicilline (RI)

#3

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 AMENDMENT TO H.R. 3973 IN PART B PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

1. Ellison (MN)

#2

(REVISED) Waives reporting requirements provided in the bill if sufficient funds are not available to generate the increased volume of reports.

(10 minutes)