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House Calendar No. 177

106TH CONGRESS

2D SESSION H. RES. 441

[Report No. 106–525]

Providing for consideration of the bill (H.R. 2372) to simplify and expedite

access to the Federal courts for injured parties whose rights and privileges, secured by the United States Constitution, have been deprived

by final actions of Federal agencies, or other government officials or

entities acting under color of State law; to prevent Federal courts from

abstaining from exercising Federal jurisdiction in actions where no State

law claim is alleged; to permit certification of unsettled State law questions that are essential to resolving Federal claims arising under the

Constitution; and to clarify when government action is sufficiently final

to ripen certain Federal claims arising under the Constitution.

IN THE HOUSE OF REPRESENTATIVES

MARCH 15, 2000

Ms. PRYCE of Ohio, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be

printed

RESOLUTION

Providing for consideration of the bill (H.R. 2372) to simplify and expedite access to the Federal courts for injured parties whose rights and privileges, secured by

the United States Constitution, have been deprived by

final actions of Federal agencies, or other government

officials or entities acting under color of State law; to

prevent Federal courts from abstaining from exercising
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HRES 441 RH

Federal jurisdiction in actions where no State law claim

is alleged; to permit certification of unsettled State law

questions that are essential to resolving Federal claims

arising under the Constitution; and to clarify when government action is sufficiently final to ripen certain Federal claims arising under the Constitution.

1 Resolved, That at any time after the adoption of this

2 resolution the Speaker may, pursuant to clause 2(b) of

3 rule XVIII, declare the House resolved into the Committee

4 of the Whole House on the state of the Union for consider5 ation of the bill (H.R. 2372) to simplify and expedite ac6 cess to the Federal courts for injured parties whose rights

7 and privileges, secured by the United States Constitution,

8 have been deprived by final actions of Federal agencies,

9 or other government officials or entities acting under color

10 of State law; to prevent Federal courts from abstaining

11 from exercising Federal jurisdiction in actions where no

12 State law claim is alleged; to permit certification of unset13 tled State law questions that are essential to resolving

14 Federal claims arising under the Constitution; and to clar15 ify when government action is sufficiently final to ripen

16 certain Federal claims arising under the Constitution. The

17 first reading of the bill shall be dispensed with. General

18 debate shall be confined to the bill and shall not exceed

19 one hour equally divided and controlled by the chairman

20 and ranking minority member of the Committee on the
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HRES 441 RH

1 Judiciary. After general debate the bill shall be considered

2 for amendment under the five-minute rule. It shall be in

3 order to consider as an original bill for the purpose of

4 amendment under the five-minute rule the amendment in

5 the nature of a substitute recommended by the Committee

6 on the Judiciary now printed in the bill. The committee

7 amendment in the nature of a substitute shall be consid8 ered as read. No amendment to the committee amendment

9 in the nature of a substitute shall be in order except those

10 printed in the report of the Committee on Rules accom11 panying this resolution. Each amendment may be offered

12 only in the order printed in the report, may be offered

13 only by a Member designated in the report, shall be con14 sidered as read, shall be debatable for the time specified

15 in the report equally divided and controlled by the pro16 ponent and an opponent, shall not be subject to amend17 ment, and shall not be subject to a demand for division

18 of the question in the House or in the Committee of the

19 Whole. All points of order against the amendments printed

20 in the report are waived. The Chairman of the Committee

21 of the Whole may: (1) postpone until a time during further

22 consideration in the Committee of the Whole a request for

23 a recorded vote on any amendment; and (2) reduce to five

24 minutes the minimum time for electronic voting on any

25 postponed question that follows another electronic vote
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HRES 441 RH

1 without intervening business, provided that the minimum

2 time for electronic voting on the first in any series of ques3 tions shall be 15 minutes. At the conclusion of consider4 ation of the bill for amendment the Committee shall rise

5 and report the bill to the House with such amendments

6 as may have been adopted. Any Member may demand a

7 separate vote in the House on any amendment adopted

8 in the Committee of the Whole to the bill or to the com9 mittee amendment in the nature of a substitute. The pre10 vious question shall be considered as ordered on the bill

11 and amendments thereto to final passage without inter12 vening motion except one motion to recommit with or

13 without instructions.

House Calendar No. 177

106TH CONGRESS

2D SESSION H. RES. 441

[Report No. 106–525]

RESOLUTION

Providing for consideration of the bill (H.R. 2372)

to simplify and expedite access to the Federalcourts for injured parties whose rights and privileges, secured by the United States Constitution,have been deprived by final actions of Federalagencies, or other government officials or entitiesacting under color of State law; to prevent Federal courts from abstaining from exercising Federal jurisdiction in actions where no State lawclaim is alleged; to permit certification of unsettled State law questions that are essential to resolving Federal claims arising under the Constitution; and to clarify when government actionis sufficiently final to ripen certain Federalclaims arising under the Constitution.

MARCH 15, 2000

Referred to the House Calendar and ordered to be

printed