[House Report 109-10]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     109-10

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 PROVIDING FOR CONSIDERATION OF H.R. 841, CONTINUITY IN REPRESENTATION 
                              ACT OF 2005

                                _______
                                

   March 1, 2005.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Cole of Oklahoma, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 125]

    The Committee on Rules, having had under consideration 
House Resolution 125, by a non-record vote, reports 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. 841, the 
Continuity in Representation Act of 2005, under a structured 
rule. The rule provides 60 minutes of general debate with 40 
minutes equally divided and controlled by the chairman and 
ranking minority member of the Committee on House 
Administration and 20 minutes equally divided and controlled by 
the chairman and ranking minority member of the Committee on 
the Judiciary.
    The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on House Administration 
now printed in the bill shall be considered as an original bill 
for the purpose of amendment, which shall be considered as 
read. The rule waives all points of order against the committee 
amendment in the nature of a substitute. The rule makes in 
order only those amendments printed in this report, and 
provides that those amendments 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 a division of the question in the House or in the 
Committee of the Whole. The rule waives all points of order 
against the amendments printed in this report. Finally, the 
rule provides one motion to recommit with or without 
instructions.
     The waiver of all points of order against the committee 
amendment in the nature of a substitute is necessary because it 
violates clause 7 of rule XVI.

                            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. 5

    Date: March 1, 2005.
    Measure: H.R. 841, Continuity in Representation Act of 
2005.
    Motion by: Mrs. Slaughter.
    Summary of motion: To grant an open rule.
    Results: Defeated 3 to 7.
    Vote by Members: Hastings (WA)--Nay; Putnam--Nay; Capito--
Nay; Cole--Nay; Bishop--Nay; Gingrey--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    1. Millender-McDonald: Replaces the bill's 45-day overall 
time limit for conducting expedited special elections with a 
60-day overall time limit. (30 minutes)
    2. Jackson-Lee: Affects the time in which a person may file 
a lawsuit arising out of the Speaker's announcement of 
vacancies in excess of 100 by expanding the ability of an 
aggrieved party to file suit for either declaratory or 
injunctive relief from two days to five days. Also extends the 
right to appeal initial decisions on the 45 day special 
election and expands who can intervene in the lawsuits from the 
executive authority of the state to any citizen or group of 
citizens. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER


 1. An Amendment To Be Offered by Representative Millender-McDonald of 
         California, or Her Designee, Debatable for 30 Minutes

  In section 26(b)(2) of the Revised Statutes of the United 
States, as proposed to be added by the bill, strike ``45 days'' 
and insert ``60 days''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Jackson-Lee of Texas, 
               or Her Designee, Debatable for 10 Minutes

      In section 26(b)(4)(B)(i) of the Revised Statutes of the 
United States, as proposed to be added by the bill, strike ``2 
days'' and insert ``5 days''.
      In section 26(b)(4)(B)(iii) of the Revised Statutes of 
the United States, as proposed to be added by the bill, insert 
after ``the action'' the following: ``(taking into account an 
opportunity for an expedited appeal of the initial decision)''.
  In section 26(b)(4)(B)(iv) of the Revised Statutes of the 
United States, as proposed to be added by the bill, insert 
after ``vacant'' the following: ``and any citizen of the 
district or any group of citizens of the State''.

                                  
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