[House Report 110-3]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                      110-3

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PROVIDING FOR CONSIDERATION OF THE RESOLUTION (H. RES. 78) AMENDING THE 
   RULES OF THE HOUSE OF REPRESENTATIVES TO PERMIT DELEGATES AND THE 
RESIDENT COMMISSIONER TO THE CONGRESS TO CAST VOTES IN THE COMMITTEE OF 
               THE WHOLE HOUSE ON THE STATE OF THE UNION.

                                _______
                                

  January 23, 2007.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

  Mr. Hastings of Florida, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 86]

    The Committee on Rules, having had under consideration 
House Resolution 86, by a record vote of 9 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides H. Res. 78, to permit voting in the 
Committee of the Whole House by the Delegates and Resident 
Commissioner of the Congress, a structured rule providing one 
hour of general debate in the House equally divided and 
controlled by the chairman and ranking minority member of the 
Committee on Rules. The rule waives all points of order against 
the resolution and against its consideration and provides that 
the resolution shall be considered as read. The rule further 
makes in order the amendment printed in the Rules Committee 
report accompanying the resolution. The amendment may be 
offered only by Rep. Kirk of Illinois or his designee, shall be 
considered as read, shall be debatable for 20 minutes equally 
divided and controlled by the proponent and an opponent, and 
shall not be subject to a demand for a division of the 
question. All points of order against the amendment are waived. 
The rule provides one motion to recommit which may not contain 
instructions. The rule also provides that the Chair may 
postpone further consideration of the bill to a time designated 
by the Speaker.

                         EXPLANATION OF WAIVERS

    The Committee is not aware of any points of order against 
the resolution or its consideration. The waivers of all points 
of order against the bill or its consideration are prophylactic 
in nature.

                            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. 21

    Date: January 23, 2007.
    Measure: H. Res. 78.
    Motion by: Mr. Dreier.
    Summary of motion: To postpone consideration of the rule 
until the committee has held hearings.
    Results: Defeated 3-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; 
Slaughter--Nay.

Rules Committee record vote No. 22

    Date: January 23, 2007.
    Measure: H. Res. 78.
    Motion by: Mr. Dreier.
    Summary of motion: Strike the Kirk amendment from the rule.
    Results: Defeated 3-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; 
Slaughter--Nay.

Rules Committee record vote No. 23

    Date: January 23, 2007.
    Measure: H. Res. 78.
    Motion by: Mr. Dreier.
    Summary of motion: Strike from the rule the Kirk amendment 
and instead allow any germane amendment offered by Mr. Dreier 
to be offered.
    Results: Defeated 3-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; 
Slaughter--Nay.

Rules Committee record vote No. 24

    Date: January 23, 2007.
    Measure: H. Res. 78.
    Motion by: Mr. Dreier.
    Summary of motion: Strike from the rule the Kirk amendment 
and instead allow a motion to recommit with instructions.
    Results: Defeated 3-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; 
Slaughter--Nay.

Rules Committee record vote No. 25

    Date: January 23, 2007.
    Measure: H. Res. 78.
    Motion by: Mr. Dreier.
    Summary of motion: To table the rule.
    Results: Defeated 2-10.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Nay; Diaz-Balart--Yea; Sessions--Yea; 
Slaughter--Nay.

Rules Committee record vote No. 26

    Date: January 23, 2007.
    Measure: H. Res. 78.
    Motion by: Mr. McGovern.
    Summary of motion: To table Dreier motion to reconsider the 
vote to table the rule.
    Results: Adopted 10-2.
    Vote by Members: McGovern--Yea; Hastings (FL)--Yea; 
Matsui--Yea; Cardoza--Yea; Welch--Yea; Castor--Yea; Arcuri--
Yea; Sutton--Yea; Dreier--Yea; Diaz-Balart--Nay; Sessions--Nay; 
Slaughter--Yea.

Rules Committee record vote No. 27

    Date: January 23, 2007.
    Measure: H. Res. 78.
    Motion by: Mr. McGovern.
    Summary of motion: To report rule.
    Results: Adopted 9-3.
    Vote by Members: McGovern--Yea; Hastings (FL)--Yea; 
Matsui--Yea; Cardoza--Yea; Welch--Yea; Castor--Yea; Arcuri--
Yea; Sutton--Yea; Dreier--Nay; Diaz-Balart--Nay; Sessions--Nay; 
Slaughter--Yea.

                   SUMMARY OF AMENDMENT MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Kirk (IL): The amendment clarifies that before a 
Delegate or the Resident Commissioner may enjoy the same powers 
and privileges as Members of the House in the Committee of the 
Whole, the Clerk of the House must certify in writing that the 
constituents of the Delegate or Resident Commissioner are 
covered by the federal tax code and pay the same federal income 
taxes as the constituents of other Members of the House. (20 
minutes)

             TEXT OF AMENDMENT MADE IN ORDER UNDER THE RULE

 1. An Amendment To Be Offered by Representative Kirk of Illinois, or 
                 His Designee, Debatable for 20 Minutes

    Page 2, line 2, strike the period and insert the following: 
``, but only with respect to any session of the Congress for 
which the Clerk certifies that the residents of the 
jurisdiction represented by the Delegate or Resident 
Commissioner are subject to Federal income, estate, and excise 
taxes in the same manner and to the same extent as a resident 
of a State.''.
    Page 2, strike lines 7 through 11 and insert the following:
    (b) Appointment of Chair.--Clause 1 of rule XVIII of the 
Rules of the House of Representatives is amended by inserting 
immediately after the first sentence the following: ``A 
Delegate or the Resident Commissioner may serve as Chairman, 
but only with respect to any session of the Congress for which 
the Clerk certifies that the residents of the jurisdiction 
represented by the Delegate or Resident Commissioner are 
subject to Federal income, estate, and excise taxes in the same 
manner and to the same extent as a resident of a State.''.

                                  
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