[House Report 108-136]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-136

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PROVIDING FOR CONSIDERATION OF HOUSE JOINT RESOLUTION 4, CONSTITUTIONAL 
AMENDMENT AUTHORIZING THE CONGRESS TO PROHIBIT THE PHYSICAL DESECRATION 
                    OF THE FLAG OF THE UNITED STATES

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June 2, 2003.--Referred to the House Calendar and ordered to be printed

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    Mr. Linder, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 255]

    The Committee on Rules, having had under consideration 
House Resolution 255, by a record vote of 5 to 4, 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 House Joint 
Resolution 4, a Constitutional Amendment Authorizing the 
Congress to Prohibit the Physical Desecration of the Flag of 
the United States, under a modified closed rule. The rule 
provides two hours of debate in the House equally divided and 
controlled by the chairman and ranking minority member of the 
Committee on the Judiciary. The rule waives all points of order 
against consideration of the joint resolution.
    The rule makes in order an amendment in the nature of a 
substitute, if offered by Representative Conyers or his 
designee, which shall be separately debatable for one hour 
equally divided between the proponent and an opponent. Finally, 
the rule provides one motion to recommit with or without 
instructions.
    The waiver of all points of order against consideration of 
the bill in the rule includes a waiver of clause 4(a) of rule 
XIII (requiring a three-day layover of the committee report), 
which is necessary because the committee report (H. Rept. 108-
131) was not filed until Monday, June 2, 2003, and the bill may 
be considered by the House as early as Tuesday, June 3, 2003.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII 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. 97

    Date: June 2, 2003.
    Measure: H.J. Res. 4--Proposing an amendment to the 
Constitution of the United States authorizing the Congress to 
prohibit the physical desecration of the flag of the United 
States.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment offered by Representative 
Cooper, which imposes fines and prison time for burning or 
desecrating a U.S. flag in any way that is intended to incite 
violence or cause a breach of peace.
    Results: Defeated 4-5.
    Vote by Members: Goss--Nay; Linder--Nay; Diaz-Balart--Nay; 
Hastings (WA)--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea; 
Hastings (FL)--Yea; Dreier--Nay.

Rules Committee Record Vote No. 98

    Date: June 2, 2003.
    Measure: H.J. Res. 4--Proposing an amendment to the 
Constitution of the United States authorizing the Congress to 
prohibit the physical desecration of the flag of the United 
States.
    Motion by: Mr. Goss.
    Summary of motion: To report the rule.
    Results: Agreed to 5-4.
    Vote by Members: Goss--Yea; Linder--Yea; Diaz-Balart--Yea; 
Hastings (WA)--Yea; Frost--Nay; Slaughter--Nay; McGovern--Nay; 
Hastings (FL)--Nay; Dreier--Yea.