[House Report 104-82]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     104-82
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PROVIDING FOR THE CONSIDERATION OF HOUSE JOINT RESOLUTION 73, THE TERM 
                    LIMITS CONSTITUTIONAL AMENDMENT

                                _______


   March 15, 1995.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


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

                              R E P O R T

                       [To accompany H. Res. 116]
    The Committee on Rules, having had under consideration 
House Resolution 116, by a record vote of 9 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

               brief summary of provisions of resolution

    The resolution provides for the consideration of H.J. Res. 
73, the Term Limits Constitutional amendment under a modified 
closed rule. The rule provides three hours of general debate 
divided equally between the chairman and ranking minority 
member of the Committee on the Judiciary.
    The rule makes in order only the amendments in nature of a 
substitute printed in this report. The amendments are 
considered as read, may only be considered in the order 
specified, may only be offered by the Member specified or a 
designee, are debatable for one hour equally divided between 
the proponent and an opponent, and may be offered 
notwithstanding the adoption of a previous amendment. If more 
than one amendment is adopted, the amendment receiving the most 
affirmative votes is considered as adopted and reported to the 
House. In the case of a tie, the last such amendment adopted is 
reported. Finally, the rule provides one motion to recommit, 
with or without instructions.
    The amendments made in order by the rule, by the Member 
designated and in the order to be offered, and a summary 
thereof, are as follows: \1\ (1) Frank (MA) #18 to be offered 
by Representative Peterson (FL) or Dingell (MI)--Makes term 
limits retroactive; limits lifetime service of House Members to 
6 full terms and Senators to 2 full terms; state law could 
preempt if the limits were less; does not address partial terms 
or appointments to fill vacancies; (2) Inglis (SC) #4--Limits 
lifetime service of House Members to 3 terms and Senators to 2 
terms; a term is counted for the term limit if more than 50% of 
the term is served; contains no preemption language; (3) 
Hilleary (TN) #22--Limits lifetime service of House Members to 
6 full terms and Senators to 2 full terms; state law could 
preempt if the limits were less; does not address partial terms 
or appointments to fill vacancies; (4) McCollum (FL) #5--Limits 
House Members to 6 terms and Senators to 2 terms; a term is 
counted for the term limit if more than 50% of the term is 
served; does not address preemption.
    \1\ The number designation (#) following the name of each proponent 
is the number of the substitute filed in the Congressional Record to 
H.J. Res. 2. The amendments made in order to H.J. Res. 73 are identical 
in text.
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                            committee votes

    Pursuant to clause 2(l)(2)(B) of House rule XI the results 
of each rollcall vote on an amendment or motion to report, 
together with the names of those voting for and against, are 
printed below:

Rules Committee Rollcall No. 96

    Date: March 15, 1995.
    Measure: H.J. Res. 73, Term Limits Constitutional 
Amendment.
    Motion By: Mr. Moakley.
    Summary of Motion: Provide an open rule.
    Results: Rejected, 4 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Yea; 
Hall--Yea; Solomon--Nay.

Rules Committee Rollcall No. 97

    Date: March 15, 1995.
    Measure: H.J. Res. 73, Term Limits Constitutional 
Amendment.
    Motion By: Mr. Moakley.
    Summary of Motion: Make in order Frank amendment No. 3, 
providing retroactive term limits, to be offered to the winning 
amendment in the nature of a substitute.
    Results: Rejected, 4 to 9.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Waldholtz--Nay; Moakley--Yea; Beilenson--Yea; Frost--Yea; 
Hall--Yea; Solomon--Nay.

Rules Committee Rollcall No. 98

    Date: March 15, 1995.
    Measure: H.J. Res. 73, Term Limits Constitutional 
Amendment.
    Motion By: Mr. Quillen.
    Summary of Motion: Report rule favorably.
    Results: Adopted, 9 to 3.
    Vote by Member: Quillen--Yea; Dreier--Yea; Goss--Yea; 
Linder--Yea; Pryce--Yea; Diaz-Balart--Yea; McInnis--Yea; 
Waldholtz--Yea; Moakley--Nay; Frost--Nay; Hall--Nay; Solomon--
Yea.
                  AMENDMENTS MADE IN ORDER BY THE RULE

1. The Amendment To Be Offered by Representative Peterson of Florida or 
         Representative Dingell of Michigan or Their Designees

    Strike all after the resolving clause and insert the 
following:

                              ``Article --

    ``Section 1. No person who has been elected to the Senate 
two times shall be eligible for election or appointment to the 
Senate. No person who has been elected to the House of 
Representatives six times shall be eligible for election to the 
House of Representatives.
    ``Section 2. Election as a Senator or Representative before 
this Article is ratified shall be taken into account for 
purposes of section 1. Any State limitation on service for 
Members of Congress from that State, whether enacted before, 
on, or after the date of the ratification of this Article shall 
be valid, if such limitation does not exceed the limitation set 
forth in section 1.''.
                              ----------                              


   2. The Amendment To Be Offered by Representatives Inglis of South 
                         Carolina or a Designee

    Strike all after the resolving clause and insert the 
following:
    That the following article is proposed as an amendment to 
the Constitution of the United States, which shall be valid to 
all intents and purposes as a part of the Constitution when 
ratified by the legislatures of three-fourths of the several 
States within seven years from the date of its submission to 
the States by the Congress:

                              ``Article --

    ``Section 1. No person who has been elected for a full term 
to the Senate two times shall be eligible for election or 
appointment to the Senate. No person who has been elected for a 
full term to the House of Representatives three times shall be 
eligible for election to the House of Representatives.
    ``Section 2. No person who has served as a Senator for more 
than three years of a term to which some other person was 
elected shall subsequently be eligible for election to the 
Senate more than once. No person who has served as a 
Representative for more than one year shall subsequently be 
eligible for election to the House of Representatives more than 
two times.
    ``Section 3. No election or service occurring before this 
article becomes operative shall be taken into account when 
determining eligibility for election under this article.''.
                              ----------                              

3. The Amendment To Be Offered by Representative Hilleary of Tennessee 
                             or A Designee

    Strike all after the resolving clause and insert the 
following:
That the following article is proposed as an amendment to the 
Constitution of the United States, which shall be valid to all 
intents and purposes as part of the Constitution when ratified 
by the legislatures of three-fourths of the several States 
within seven years from the date of its submission to the 
States by the Congress:

                              ``Article --

    ``Section 1. No person who has been elected to the Senate 
two times shall be eligible for election or appointment to the 
Senate. No person who has been elected to the House of 
Representatives six times shall be eligible for election to the 
House of Representatives.
    ``Section 2. Election as a Senator or Representative before 
this Article is ratified shall not be taken into account for 
purposes of section 1, except that any State limitation on 
service for Members of Congress from that State, whether 
enacted before, on, or after the date of the ratification of 
this Article shall be valid, if such limitation does not exceed 
the limitation set forth in section 1.''.
                              ----------                              


4. The Amendment To Be Offered by Representative McCollum of Florida or 
                               a Designee

    Strike all after the resolving clause and insert the 
following:
    That the following article is proposed as an amendment to 
the Constitution of the United States, which shall be valid to 
all intents and purposes as part of the Constitution when 
ratified by the legislatures of three-fourths of the several 
States within seven years from the date of its submission to 
the States by the Congress:

                              ``Article --

    ``Section 1. No person who has been elected for a full term 
to the Senate two times shall be eligible for election or 
appointment to the Senate. No person who has been elected for a 
full term to the House of Representatives six times shall be 
eligible for election to the House of Representatives.
    ``Section 2. No person who has served as a Senator for more 
than three years shall subsequently be eligible for election to 
the Senate more than once. No person who has served as a 
Representative for more than one year shall subsequently be 
eligible for election to the House of Representatives more than 
five times.
    ``Section 3. No election or service occurring before this 
article becomes operative shall be taken into account when 
determining eligibility for election under this article.''.