mr. nadler: mr. chairman, i have an amendment at the desk. the chair: the clerk will designate the amendment. the clerk: amendment number 4 printed in part c of house report 113-374 offered by mr. nadler of new york. the chair: pursuant to house resolution 501, the gentleman from new york, mr. nadler, and a member opposed, each will control five minutes. the chair recognizes the gentleman from new york. mr. nadler: thank you, mr. chairman. i yield myself such time as i may consume. the chair: the gentleman is recognized. mr. nadler: mr. chairman, my amendment exempts from the bill any construction project for a nuclear facility planned in an area designated as an earthquake fault zone. the rapid act would prevent meaningful input on complicated construction projects that have the potential to have sdust russ impact on individuals living -- disastrous impact on individuals living near them. the aftermath of the power plant in japan and the tsunami, highlights the dangers of regulatory failure when it

mr. nadler: thank you, mr. chairman. mr. chairman, i yield myself such time as i may consume. the chair: the gentleman is recognized. mr. nadler: thank you, mr. chairman. mr. chairman, my amendment adds a new section to the bill to ensure that the president retains the well-established constitutional authority to exercise prosecutorial discretion when enforcing our laws. h.r. 4138 would either -- would empower either the house or the senate to file a lawsuit whenever one house disagrees with how the executive branch is implementing a law. the bill applies to enforcement decisions made by any officer or employee of the united states. thus, every decision across hundreds of thousands of, quote, federal statutes, rules, regulations, programs, other laws, closed quote. h.r. 3148 is a practical night mayor. it has policy disagreements that do not raise any constitutional concerns. we need look no further than the examples cited by the sponsors of this bill to see this is true. far from representing a violation of the take care cl