[House Report 110-63]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     110-63

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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1433) TO PROVIDE FOR THE 
 TREATMENT OF THE DISTRICT OF COLUMBIA AS A CONGRESSIONAL DISTRICT FOR 
  PURPOSES OF REPRESENTATION IN THE HOUSE OF REPRESENTATIVES, AND FOR 
                             OTHER PURPOSES

                                _______
                                

   March 21, 2007.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 260]

    The Committee on Rules, having had under consideration 
House Resolution 260, by a record vote of 7 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 the bill (H.R. 
1433) to provide for the treatment of the District of Columbia 
as a Congressional district for purposes of representation in 
the House of Representatives, and for other purposes. The 
resolution provides for one hour and twenty minutes of general 
debate, with one hour equally divided and controlled by the 
chairman and ranking minority member of the Committee on the 
Judiciary and twenty minutes equally divided and controlled by 
the chairman and ranking minority member of the Committee on 
Oversight and Government Reform.
    The resolution waives all points of order against 
consideration of the bill except those arising under clause 9 
or 10 of rule XXI. The resolution considers as adopted the 
amendment printed in this report and considers the bill, as 
amended, as read. The resolution waives all points of order 
against the bill, as amended. The resolution provides one 
motion to recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against 
consideration of the bill (except for those arising under 
clauses 9 or 10 of rule XXI), the Committee is not aware of any 
points of order against consideration of the bill. The waiver 
of all points of order against consideration of the bill is 
prophylactic in nature. The waiver of all points of order 
against the provisions in the bill, as amended, includes a 
waiver of clause 5(a) of rule XXI (prohibiting tax or tariff 
provisions in a bill not reported by a committee with 
jurisdiction over revenue measures).

                            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. 86

    Date: March 21, 2007.
    Measure: H.R. 1433.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Lamar Smith (#8) to guarantee 
an expedited judicial review of the constitutionality of the 
legislation by the Supreme Court.
    Results: Defeated 4-7.
    Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Cardoza--
Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Dreier--Yea; Diaz-
Balart--Yea; Hastings (WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 87

    Date: March 21, 2007.
    Measure: H.R. 1433.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Sensenbrenner (#7) that would 
strike its requirement that the new Utah seat be filled at 
large, and results in Utah using the new boundaries that its 
State legislature adopted late last year.
    Results: Defeated 4-7.
    Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Cardoza--
Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Dreier--Yea; Diaz-
Balart--Yea; Hastings (WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 88

    Date: March 21, 2007.
    Measure: H.R. 1433.
    Motion by: Mr. Diaz-Balart.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Bishop (#3) that would ensure 
that the at-large representative for Utah will be elected via 
the regular election process in 2008, rather than through an 
immediate special election.
    Results: Defeated 4-7.
    Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Cardoza--
Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Dreier--Yea; Diaz-
Balart--Yea; Hastings (WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 89

    Date: March 21, 2007.
    Measure: H.R. 1433.
    Motion by: Mr. Diaz-Balart.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Westmoreland (#5) that would 
explicitly state that the District of Columbia may not be 
considered a State for the purposes of Senate representation.
    Results: Defeated 4-7.
    Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Cardoza--
Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Dreier--Yea; Diaz-
Balart--Yea; Hastings (WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 90

    Date: March 21, 2007.
    Measure: H.R. 1433.
    Motion by: Mr. Hastings of Washington.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Cannon (#2) to remove the 
language of the bill mandating the ``at large'' seat in Section 
4(c)(3) and leaves it to the state to decide how to proceed in 
filling the new seat.
    Results: Defeated 4-7.
    Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Cardoza--
Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Dreier--Yea; Diaz-
Balart--Yea; Hastings (WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 91

    Date: March 21, 2007.
    Measure: H.R. 1433.
    Motion by: Mr. Hastings of Washington.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Issa (#6) to state that it is 
because the District of Columbia is drawn from the State of 
Maryland that it may be considered a congressional district for 
purposes of representation in the House of Representatives 
through legislation.
    Results: Defeated 4-7.
    Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Cardoza--
Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Dreier--Yea; Diaz-
Balart--Yea; Hastings (WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 92

    Date: March 21, 2007.
    Measure: H.R. 1433.
    Motion by: Mr. Sessions.
    Summary of motion: To report an open rule.
    Results: Defeated 4-7.
    Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Cardoza--
Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Dreier--Yea; Diaz-
Balart--Yea; Hastings (WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 93

    Date: March 21, 2007.
    Measure: H.R. 1433.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. McHenry (#13) to state that it 
is a Sense of Congress that because the new DC Representative 
will take the same oath of office as other Representatives to 
uphold and defend the Constitution, including the 2nd 
Amendment, the DC Representative should act to preserve for DC 
residents the individual right to keep and bear arms, as 
provided in the 2nd amendment to the Constitution and upheld by 
the US Court of Appeals.
    Results: Defeated 4-7.
    Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Cardoza--
Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Dreier--Yea; Diaz-
Balart--Yea; Hastings (WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 94

    Date: March 21, 2007.
    Measure: H.R. 1433.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Flake (#9) that would make the 
two seat increase in the House temporary instead of permanent. 
Following the next regular decennial census in 2010, 
reapportionment of the number of seats in the House would be 
based on 435 Members, as opposed to 437 Members.
    Results: Defeated 4-7.
    Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Cardoza--
Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Dreier--Yea; Diaz-
Balart--Yea; Hastings (WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 95

    Date: March 21, 2007.
    Measure: H.R. 1433.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment in the nature of a substitute by Rep. 
Rohrabacher (#1) to amend the law to treat DC residents as 
Maryland citizens for the purposes of federal elections.
    Results: Defeated 4-7.
    Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Cardoza--
Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Dreier--Yea; Diaz-
Balart--Yea; Hastings (WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 96

    Date: March 21, 2007.
    Measure: H.R. 1433.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To report the rule.
    Results: Adopted 7-4.
    Vote by Members: Hastings (FL)--Yea; Matsui--Yea; Cardoza--
Yea; Welch--Yea; Castor--Yea; Arcuri--Yea; Dreier--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Sessions--Nay; Slaughter--Yea.

               SUMMARY OF AMENDMENT CONSIDERED AS ADOPTED

    The amendment would (1) strike section 2, which would have 
included various findings pertaining to the District of 
Columbia and its lack of congressional representation; (2) 
strike section 4( d) which would have required the District and 
Utah Representatives to be sworn in and seated on the same day; 
(3) offset spending for Utah's new seat by adjusting estimated 
tax payments for certain individuals by 0.003%; and (4) strike 
section 6, which would have repealed the Office of Statehood 
Representative.

                TEXT OF AMENDMENT CONSIDERED AS ADOPTED

  Strike section 2.
  Strike section 4(d) and insert the following:
  (d) Adjustment of Percentage Limitation on the Use of the 
Preceding Year's Tax.--
          (1) In general.--The table in clause (i) of section 
        6654(d)(1)(C) of the Internal Revenue Code of 1986 
        (relating to limitation on use of preceding year's tax) 
        is amended by striking ``110'' and inserting 
        ``110.003''.
          (2) Effective date.--The amendment made by this 
        subsection shall apply to taxable years beginning after 
        the date of the enactment of this Act.
  Strike section 6.

                                  
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