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House Calendar No. 114

105TH CONGRESS

1ST SESSION H. RES. 271

[Report No. 105–335]

Providing for consideration of the bill (H.R. 1534) 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

OCTOBER 21, 1997

Mr. MCINNIS, 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. 1534) 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 271 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 1(b) of

3 rule XXIII, 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. 1534) 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. Points of

18 order against consideration of the bill for failure to comply

19 with clause 2(l)(6) of rule XI are waived. General debate

20 shall be confined to the bill and shall not exceed one hour
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HRES 271 RH

1 equally divided and controlled by the chairman and rank2 ing minority member of the Committee on the Judiciary.

3 After general debate the bill shall be considered for

4 amendment under the five-minute rule. It shall be in order

5 to consider as an original bill for the purpose of amend6 ment under the five-minute rule the amendment in the na7 ture of a substitute recommended by the Committee on

8 the Judiciary now printed in the bill, modified by the

9 amendments printed in part 1 of the report of the Com10 mittee on Rules accompanying this resolution. That

11 amendment in the nature of a substitute shall be consid12 ered as read. No amendment to that amendment in the

13 nature of a substitute shall be in order except a further

14 amendment in the nature of a substitute offered by Rep15 resentative Conyers of Michigan or his designee, which

16 shall be considered as read, shall be debatable for thirty

17 minutes equally divided and controlled by the proponent

18 and an opponent, and shall not be subject to amendment.

19 If that further amendment is rejected or not offered, then

20 no other amendment shall be in order except the amend21 ment printed in part 2 of the report of the Committee

22 on Rules, which may be offered only by the Member des23 ignated in the report, shall be considered as read, shall

24 be debatable for thirty minutes equally divided and con25 trolled by the proponent and an opponent, and shall not
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HRES 271 RH

1 be subject to amendment. At the conclusion of consider2 ation of the bill for amendment the Committee shall rise

3 and report the bill to the House with such amendments

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

5 separate vote in the House on any amendment adopted

6 in the Committee of the Whole to the bill or to the amend7 ment in the nature of a substitute made in order as origi8 nal text. The previous question shall be considered as or9 dered on the bill and amendments thereto to final passage

10 without intervening motion except one motion to recommit

11 with or without instructions.

House Calendar No. 114

105TH CONGRESS

1ST SESSION H. RES. 271

[Report No. 105–335]

RESOLUTION

Providing for consideration of the bill (H.R. 1534)

claims arising under the Constitution.is sufficiently final to ripen certain Federalstitution; and to clarify when government actionsolving Federal claims arising under the Contled State law questions that are essential to reclaim is alleged; to permit certification of unseteral jurisdiction in actions where no State laweral courts from abstaining from exercising Fedacting under color of State law; to prevent Fedagencies, or other government officials or entitieshave been deprived by final actions of Federalleges, secured by the United States Constitution,courts for injured parties whose rights and privito simplify and expedite access to the Federal

OCTOBER 21, 1997

Referred to the House Calendar and ordered to be

printed