House Report 113-566 - PROVIDING FOR CONSIDERATION OF THE RESOLUTION (H. RES. 676) PROVIDING FOR AUTHORITY TO INITIATE LITIGATION FOR ACTIONS BY THE PRESIDENT OR OTHER EXECUTIVE BRANCH OFFICIALS INCONSISTENT WITH THEIR DUTIES UNDER THE CONSTITUTION OF THE UNITED STATES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 935) TO AMEND THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT TO CLARIFY CONGRESSIONAL INTENT REGARDING THE REGULATION OF THE USE OF PESTICIDES IN OR NEAR NAVIGABLE WATERS, AND FOR OTHER PURPOSES; AND PROVIDING FOR PROCEEDINGS DURING THE PERIOD FROM AUGUST 1, 2014, THROUGH SEPTEMBER 5, 2014

[House Report 113-566]
[From the U.S. Government Publishing Office]

113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-566

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PROVIDING FOR CONSIDERATION OF THE RESOLUTION (H. RES. 676) PROVIDING
FOR AUTHORITY TO INITIATE LITIGATION FOR ACTIONS BY THE PRESIDENT OR
OTHER EXECUTIVE BRANCH OFFICIALS INCONSISTENT WITH THEIR DUTIES UNDER
THE CONSTITUTION OF THE UNITED STATES; PROVIDING FOR CONSIDERATION OF
THE BILL (H.R. 935) TO AMEND THE FEDERAL INSECTICIDE, FUNGICIDE, AND
RODENTICIDE ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT TO CLARIFY
CONGRESSIONAL INTENT REGARDING THE REGULATION OF THE USE OF PESTICIDES
IN OR NEAR NAVIGABLE WATERS, AND FOR OTHER PURPOSES; AND PROVIDING FOR
PROCEEDINGS DURING THE PERIOD FROM AUGUST 1, 2014, THROUGH SEPTEMBER 5,
2014

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July 29, 2014.--Referred to the House Calendar and ordered to be
printed

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

R E P O R T

[To accompany H. Res. 694]

The Committee on Rules, having had under consideration
House Resolution 694, 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 H. Res. 676,
providing for authority to initiate litigation for actions by
the President or other executive branch officials inconsistent
with their duties under the Constitution of the United States,
under a closed rule. The resolution provides one hour of debate
equally divided and controlled by the chair and ranking
minority member of the Committee on Rules. The resolution
waives all points of order against consideration of the
resolution. The resolution provides that the amendment
recommended by the Committee on Rules now printed in the
resolution shall be considered as adopted. The resolution
provides that the resolution, as amended, shall be considered
as read and shall not be subject to a demand for division of
the question.
Section 2 of the resolution provides for consideration of
H.R. 935, the Reducing Regulatory Burdens Act of 2013, under a
closed rule. The resolution provides one hour of debate equally
divided and controlled by the chair and ranking minority member
of the Committee on Transportation and Infrastructure. The
resolution waives all points of order against consideration of
the bill and provides that it shall be considered as read. The
resolution waives all points of order against provisions in the
bill. The resolution provides one motion to recommit.
Section 3 of the resolution provides that on any
legislative day during the period from August 1, 2014, through
September 5, 2014: the Journal of the proceedings of the
previous day shall be considered as approved; and the Chair may
at any time declare the House adjourned to meet at a date and
time to be announced by the Chair in declaring the adjournment.
Section 4 of the resolution provides that the Speaker may
appoint Members to perform the duties of the Chair for the
duration of the period addressed by section 3 of the
resolution.
Section 5 of the resolution provides that each day during
the period addressed by section 3 of the resolution shall not
constitute a calendar day for purposes of section 7 of the War
Powers resolution (50 U.S.C. 1546).
Section 6 of the resolution provides that each day during
the period addressed by section 3 of the resolution shall not
constitute a legislative day for purposes of clause 7 of rule
XIII (resolutions of inquiry).

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against
consideration of H. Res. 676, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
consideration of H.R. 935, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
provisions in H.R. 935, the Committee is not aware of any
points of order. The waiver is 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. 170

Motion by Ms. Slaughter to amend the rule for H. Res. 676
to make in order and provide the appropriate waivers for
amendment #2, offered by Rep. Slaughter (NY), which requires
the House's General Counsel to disclose how much has been spent
on the lawsuit every week; requires the Speaker to pay for this
lawsuit using money from the budget of the Benghazi Select
Committee; requires contracts to prohibit the hiring of any law
firm or consultants who lobby Congress on any subject, who
lobby the Executive Branch on Affordable Care Act
implementation, or who have any financial interest in the
implementation of the Affordable Care Act. Defeated: 4-7

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Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Bishop of Utah.............................. ............ Mr. McGovern...................... Yea
Mr. Cole........................................ Nay Mr. Hastings of Florida........... Yea
Mr. Woodall..................................... Nay Mr. Polis......................... Yea
Mr. Nugent...................................... Nay
Mr. Webster..................................... Nay
Ms. Ros-Lehtinen................................ ............
Mr. Burgess..................................... Nay
Mr. Sessions, Chairman.......................... Nay
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Rules Committee record vote No. 171

Motion by Mr. McGovern to amend the rule for H. Res. 676 to
make in order and provide the appropriate waivers for amendment
#3, offered by Rep. McGovern (MA), which requires disclosure of
all contracts with lawyers and consultants 10 days before they
are approved; requires disclosure of where the taxpayer money
paying for the lawsuit is coming from, and which programs and
offices' budgets are being reduced to pay for it; and requires
that the House's lawyers explain to Members of the House the
likelihood of success in this lawsuit, and how they think they
will overcome the legal obstacles presented by Supreme Court
precedent. Defeated: 4-7

Rules Committee record vote No. 172

Motion by Mr. Polis to amend the rule for H. Res. 676 to
make in order and provide the appropriate waivers for amendment
#1, offered by Rep. Polis (CO) and Rep. Cardenas (CA), which
requires the Speaker to bring H.R. 15, the House's bipartisan
comprehensive immigration bill, to the floor. Defeated: 5-8

----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Bishop of Utah.............................. Nay Mr. McGovern...................... Yea
Mr. Cole........................................ Nay Mr. Hastings of Florida........... Yea
Mr. Woodall..................................... Nay Mr. Polis......................... Yea
Mr. Nugent...................................... Nay
Mr. Webster..................................... Nay
Ms. Ros-Lehtinen................................ Yea
Mr. Burgess..................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 173

Motion by Ms. Slaughter to amend the rule for H. Res. 676
to add a motion to recommit with instructions. Defeated: 4-7

Rules Committee record vote No. 174

Motion by Ms. Foxx to report the rule. Adopted: 7-4

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Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Yea Ms. Slaughter..................... Nay
Mr. Bishop of Utah.............................. ............ Mr. McGovern...................... Nay
Mr. Cole........................................ Yea Mr. Hastings of Florida........... Nay
Mr. Woodall..................................... Yea Mr. Polis......................... Nay
Mr. Nugent...................................... Yea
Mr. Webster..................................... Yea
Ms. Ros-Lehtinen................................ ............
Mr. Burgess..................................... Yea
Mr. Sessions, Chairman.......................... Yea
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