[House Report 104-868]
[From the U.S. Government Publishing Office]
Union Calendar No. 471
104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-868
_______________________________________________________________________
SURVEY OF ACTIVITIES OF THE HOUSE COMMITTEE ON RULES 104TH CONGRESS
__________
R E P O R T
of the
COMMITTEE ON RULES
November 26, 1996.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
COMMITTEE ON RULES
GERALD B.H. SOLOMON, New York,
Chairman
JOHN JOSEPH MOAKLEY, Massachusetts JAMES H. QUILLEN, Tennessee
ANTHONY C. BEILENSON, California DAVID DREIER, California
MARTIN FROST, Texas PORTER GOSS, Florida
TONY P. HALL, Ohio JOHN LINDER, Georgia
DEBORAH PRYCE, Ohio
LINCOLN DIAZ-BALART, Florida
SCOTT McINNIS, Colorado
ENID GREENE, Utah
Don Wolfensberger, Chief of Staff
William D. Crosby, Jr., Chief
Counsel
George Crawford, Minority Staff
Director
David Pomerantz, Deputy Staff
Director
------
Subcommittee on Legislative and Budget Process
PORTER GOSS, Florida, Chairman
MARTIN FROST, Texas JAMES H. QUILLEN, Tennessee
JOHN JOSEPH MOAKLEY, Massachusetts JOHN LINDER, Georgia
DEBORAH PRYCE, Ohio
GERALD B.H. SOLOMON, New York
Wendy K.D. Selig, Counsel
Kristi Walseth, Minority Staff
Director
------ --
----
Subcommittee on Rules and Organization of the House
DAVID DREIER, California, Chairman
ANTHONY C. BEILENSON, California LINCOLN DIAZ-BALART, Florida
TONY P. HALL, Ohio SCOTT McINNIS, Colorado
ENID GREENE, Utah
GERALD B.H. SOLOMON, New York
Vincent Randazzo, Counsel
Melissa Rice Kuckro, Minority
Counsel
----------
* This survey was the product of diligence and hard work by a number of
professional staff. A special acknowledgement of their effort goes to
William D. Crosby, Jr., Jim Doran, Erin Fleming, Peter Hamm, Dan
Keniry, Heath Morris, Eric Pelletier, Vincent Randazzo, Veronica
Rolocut, Bryan Roth, Wendy K.D. Selig, Celeste West, Don Wolfensberger
and Gena Woolner.
LETTER OF TRANSMITTAL
----------
House of Representatives,
Washington, DC, November 26, 1996.
Hon. Robin H. Carle,
Clerk, House of Representatives,
Washington, DC.
Dear Ms. Carle: Pursuant to House rule XI, clause 1(d) and
H. Res. 546, 104th Congress, I am hereby transmitting a report
entitled, ``Survey of Activities of the House Committee on
Rules, 104th Congress.''
Sincerely,
Gerald B. Solomon, Chairman.
C O N T E N T S
Page
I. History, Function, and Organization of the Committee on Rules....1
A. Introduction........................................ 1
B. History and Function................................ 2
C. Committee Organization During the 104th Congress.... 5
D. Rules Committee on the Internet..................... 6
E. Rules of the Committee on Rules..................... 8
II. House Rules Changes Adopted at the Beginning of the 104th Congre16
A. Introduction........................................ 16
B. Procedures for Consideration of the House Rules
Resolution for the 104th Congress.................. 17
C. Summary of Provisions of H. Res. 6, Adopting House
Rules for the 104th Congress....................... 19
III. Committee Jurisdiction and Activities...........................23
A. Introduction........................................ 23
B. Special Orders or Rules............................. 25
1. Rule Requests..................................... 25
2. Hearings.......................................... 25
3. Types of Special Orders or Rules.................. 26
a. Background...................................... 26
b. Explanation of Types of Rules Granted........... 29
(1) Open......................................... 29
(2) Modified Open--Time Cap on Consideration of
Amendments................................... 29
(3) Modified Open--Required Preprinting in the
Congressional Record......................... 29
(4) Modified Open--Both Time Cap on Consideration
of Amendments and Required Preprinting in the
Congressional Record......................... 29
(5) Structured or Modified Closed Rule........... 30
(6) Closed....................................... 30
c. A Move Toward a More Open Congress.............. 30
d. Special Procedures--``King-of-the-Hill''
displaced by ``Most-Votes-Wins''............... 31
4. Floor Consideration of the Rule................... 31
5. Rules Rejected, Tabled or Pending................. 32
6. Waivers of House Rules............................ 34
7. Waivers of the Budget Act (except for Unfunded
Mandate Points of Order)......................... 41
8. Waivers of Unfunded Mandate Points of Order....... 45
9. Waiving All Points of Order....................... 46
C. Original Jurisdiction Matter........................ 51
1. Committee Consideration of Original Jurisdiction
Measures......................................... 51
2. Original Jurisdiction Measures Reported or
Discharged....................................... 51
a. Committee Hearing Schedules (H. Res. 43)........ 51
b. Unfunded Mandates Reform Act (H.R. 5)........... 53
c. House Corrections Calendar (H. Res. 168)........ 54
d. The House Gift Rule (H. Res. 250)............... 55
e. Legislative Line Item Veto (H.R. 2)............. 57
f. Deficit Reduction Lock Box (H.R. 1162).......... 59
g. Technical Corrections (H. Res. 254)............. 61
h. Book Contracts (H. Res. 299).................... 62
i. Special Authorities for Committee on Government
Reform and Oversight (H. Res. 369)............. 63
j. Establishing a Select Subcommittee of the
International Relations Committee (H. Res. 416) 65
k. United States--Puerto Rico Political Status Act
(H.R. 3024).................................... 66
IV. Activities of the Subcommittees.................................67
A. Subcommittee on Legislative and Budget Process...... 67
B. Subcommittee on Rules and Organization of the House. 73
V. Committee Oversight Plans and Accomplishments...................82
A. Summary of Committee Oversight Plan................. 82
B. Summary of Committee Oversight Accomplishments...... 83
VI. Statistical Profile of the Committee on Rules--104th Congress...90
A. Statistics on Special Orders or Rules............... 90
B. Statistics on Original Jurisdiction Measures........ 91
VII. Appendices......................................................92
A. Table 1. Types of Rules Granted..................... 92
B. Table 2. Resolutions Reported....................... 106
C. Table 3. Resolutions Rejected....................... 126
D. Table 4. Resolutions Discharged..................... 126
E. Table 5. Resolutions Laid on the Table.............. 126
F. Table 6. Resolutions Pending........................ 126
G. Table 7. List of Original Jurisdiction Referrals.... 126
VIII.Publications...................................................137
Additional Views................................................. 138
Union Calendar No. 471
104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-868
_______________________________________________________________________
REPORT ON SURVEY OF ACTIVITIES OF THE HOUSE COMMITTEE ON RULES, 104TH
CONGRESS
_______
November 26, 1996.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______________________________________________________________________
Mr. Solomon, from the Committee on Rules, submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
Pursuant to the provisions of Rule XI, clause 1(d) of the
Rules of the House of Representatives, the Committee on Rules
submits the following report on its activities during the 104th
Congress.
I. HISTORY, FUNCTION, AND ORGANIZATION OF THE COMMITTEE ON RULES
A. Introduction
Although the House of Representatives struck a dramatic new
course in its organization, operations, and legislative
priorities with the first turnover in party control of the
institution in 40 years, the Rules Committee retained its
traditional structure and function in the new House of the
104th Congress. Its size and super-majority party ratio
remained the same as in previous Congresses as did its central
role and operation as the scheduling arm of the majority
leadership on major legislation.
The Committee has been variously described by scholars and
Members as a ``legislative traffic cop,'' ``gatekeeper,''
``field commander,'' the ``Speaker's Committee,'' and the
``dress rehearsal'' for the House floor. All of these terms
underscore the critical part the Committee plays in the conduct
of legislative business on the House floor. The primary
responsibility of the Committee remains one of setting the
terms for debate and amendments on major legislative measures
reported from other committees. At the same time, the Rules
Committee exercises ``original jurisdiction'' over changes in
House Rules and the budget process.
While the principal purpose of this report is to summarize
the activities of the Rules Committee in the historic 104th
Congress, a secondary purpose is to view these activities in
the context of the evolution of the Committee since the First
Congress, and how it operates today.
B. History and Function
The history of the Rules Committee roughly parallels the
evolution of the House over the past 208 years. The first Rules
Committee was established as a select committee of the House on
the second day of the First Congress, April 2, 1789, pursuant
to the Constitutional mandate in Article I, section 5, clause
2, that ``Each House may determine the rules of its
proceedings. . . .'' The Select Committee on Rules initially
reported back a set of four rules five days after its
appointment on: (1) the duties of the Speaker, (2) decorum and
debate, (3) the disposition of bills, and (4) the operations of
the Committee of the Whole. Six days later, on April 13th, the
Select Committee reported an additional eight rules dealing
with such matters as the service of Members on committees,
Members' attendance at floor proceedings, creation of a
standing Committee on Elections, duties of the Clerk, and
duties of the Sergeant-at-Arms. With the adoption by the House
of these rules, the Select Committee was dissolved.
During the first 90 years of the House, the Rules Committee
remained a select committee, reporting any recommended
revisions in the standing rules at the beginning of a Congress
from those of the previous Congress, and then going out of
business. In some Congresses the House did not even bother to
appoint a Select Committee on Rules and instead simply operated
under the rules of the preceding Congress.
Although the House relied primarily on select committees in
its early years to draft legislation, by the mid-nineteenth
century this system had evolved into one consisting of 34
standing committees. The Rules Committee was also converted
briefly into a standing committee between 1849 and 1853 but it
was not until the House rules revision of 1880 that the
Committee became a permanent, standing committee of the House.
In 1858, the Speaker had been made a member of the Select
Committee on Rules, and a year later was designated as its
chairman. When the Committee became a standing committee in
1880, the Speaker retained the chairmanship, and, shortly
thereafter, in 1883, the modern-day Rules Committee began to
emerge when the House upheld the right of the Committee to
issue ``special orders'' or ``rules'' providing for the
consideration of legislation from other committees. By 1890,
this new role became an accepted practice as the exclusive
prerogative of the Rules Committee.
The importance of such special rules, which were simple
House resolutions reported from the Rules Committee, was that
they only needed a majority vote of the House to provide for
the consideration of bills out of the order on which they
appeared on their Calendar, whereas previously, a two-thirds
vote was required to suspend the rules and take up a bill out
of order.
The person most responsible for recognizing and exploiting
the full potential of the combined powers of Speaker and Rules
Committee chairman was Representative Thomas Brackett Reed of
Maine who served in those two roles in 1889-91, and 1895-99.
Not only did he use the authority as Speaker to make rulings
from the Chair that outlawed certain dilatory and
obstructionist floor tactics, but he then proceeded to enshrine
these rulings, known as ``Reed's Rules,'' in the standing rules
of the House in his capacity as Rules Committee chairman. And
Reed made regular use of the Rules Committee to report special
rules that enabled him to put the bills he wanted on the floor
when he wanted them, and under his terms of debate and
amendment.
It wasn't until 1910 that this power combination was
broken-up by a revolt against the conservative and autocratic
Speaker Joe Cannon of Illinois who had served as Speaker and
Rules Committee chairman since 1903. A group of progressive
Republican insurgents joined with the Democratic minority in an
attempt to directly amend House Rules from the floor. When
Speaker Cannon upheld a point of order that only the Rules
Committee could recommend changes in House Rules, the group
voted to overturn the ruling and then proceeded to amend the
rules to strip the Speaker of his chairmanship and membership
on the Rules Committee as well as of his power to appoint the
committee, and to enlarge the committee from five to 10
members, elected by the House. The following year, the new
Democratic majority in the House completed the revolution by
taking away the Speaker's power to appoint all the other
committees of the House. Ever since, all standing committees
have been elected by the House.
The result of this revolt was far-reaching and long-
lasting. The standing committees became independent power
centers, no longer directly accountable to the Speaker. While
the Rules Committee continued to serve as the scheduling arm of
the Leadership, even it developed an independent streak of its
own when reaction set-in against the New Deal in 1937. From
that time until 1961, the Committee was dominated by a
conservative coalition of Southern Democrats and Republicans
who would sometimes refuse to report rules on bills the
majority leadership wanted on the floor, or would only report
such rules under their terms and timing. A successful effort by
Speaker Sam Rayburn of Texas and President John F. Kennedy in
1961 to enlarge the committee from 12 to 15 members, including
two, more liberal Democrats, still did not bring the immediate
results intended. It wasn't until the mid-seventies, with a
large influx of new Democrats, that the Rules Committee was
fully restored as an arm of the majority leadership.
The reform revolt of the mid-seventies also produced
further decentralization in the House with the emergence of
more independent-minded Members and the proliferation of semi-
autonomous subcommittees. This decentralization soon led to
off-setting pressures to give the majority leadership,
particularly the Speaker, acting through the Rules Committee,
more authority to pull things back together. In 1975, the
Democratic Speaker was given authority under Caucus rules to
appoint all Rules Committee Democrats, subject to Caucus
ratification. In 1989 the Republican Conference gave the
minority leader the same authority to appoint all Rules
Committee Republicans. Beginning in the 1980s, a trend away
from open rules began. Whereas in the 95th Congress (1977-78),
85% of all special rules were open, meaning any Member could
offer a germane floor amendment, this percentage began to
gradually decline. By the 103rd Congress (1993-94), only 30% of
the special rules were open, while the rest were restrictive or
structured, meaning only amendments specified in the special
rules could be offered. In the 104th Congress, the trend
towards restrictive rules was suddenly reversed with open and
modified open rules comprising 57% of all rules reported for
the original consideration of legislation compared to 44% open
or modified open rules in the 103rd Congress. This may explain
in part why six rules were defeated in the 103rd Congress while
only one was defeated in the 104th Congress.
Ironically, the original role of the Rules Committee,
dating back to 1789, of recommending revisions in House Rules
at the beginning of each Congress, had disappeared by the
beginning of this century. This function was effectively
replaced by the majority party caucus after the 1910 overthrow
of Speaker Cannon. In modern times, the majority party caucus
develops a set of rules changes for consideration on the
opening day of the new Congress, before a Rules Committee has
even been authorized or elected. The minority party caucus also
develops its own set of proposed rules changes at the beginning
of each Congress, though the terms of consideration never allow
a direct vote on the minority's alternative. It should be noted
however, that Rules Committee members of both parties have
usually served as members or even the chairs of their
respective party caucus committees that recommend House Rules
changes.
The resolution adopting the rules of a new Congress is
usually called up by the former chairman of the Rules Committee
or the majority leader, debated for one hour, and given an up-
or-down vote after minority attempts to bring up its
alternative are routinely beaten back on party-line, procedural
votes.
Nevertheless, the Rules Committee still retains its
original jurisdiction authority throughout a Congress to report
further changes in House Rules and from time-to-time exercises
that authority to make further minor adjustments. However,
because so much of the time of the Committee today is consumed
with reporting special rules for the consideration of bills
from other committees, the work on most major rules reform
efforts is often delegated to specially-created committees. For
example, the landmark Legislative Reorganization Acts of 1946
and 1970, and the 1974 Budget Act were the products of joint,
House-Senate panels, though in the latter two instances the
Rules Committee further amended the recommendations of the
joint panels before reporting them to the House floor. In 1992,
the House and Senate created another Joint Committee on the
Organization of Congress, but its recommendations at the end of
1993 languished in the Rules Committee for a year and were
never reported to the House by the end of the 103rd Congress.
The 1974 Committee Reform Amendments were the product of a
bipartisan, House Select Committee on Committees. While it was
authorized to report directly to the House, the rule providing
for its consideration made in order a Democratic Caucus
substitute that eventually prevailed after several amendments
were adopted to it by the House. The 1989 Ethics Reform Act, on
the other hand, while also the product of a bipartisan, House
leadership task force, was reported to the House under a closed
rule, without alteration.
C. Committee Organization During the 104th Congress
At the beginning of the 94th Congress, the Committee
membership was increased from fifteen members (ten Democrats
and five Republicans) to sixteen members (eleven Democrats and
five Republicans). This ratio was retained until the 98th
Congress, when the membership was reduced to thirteen members,
nine Democrats and four Republicans. The membership remained at
thirteen, through the 104th Congress. The ratio of majority
party members to minority party members also remained the same
in the 104th Congress, except that for the first time in 40
years, Republicans were in the majority.
Eight members of the Rules Committee in the 104th Congress
served on the Committee during the previous Congress. The
returning Republican Representatives were Gerald B.H. Solomon
of New York, the new Chairman of the Committee, James H.
Quillen of Tennessee, David Dreier of California and Porter
Goss of Florida. The returning Democratic Representatives were
John Joseph Moakley of Massachusetts, Anthony C. Beilenson of
California, Martin Frost of Texas and Tony P. Hall of Ohio. New
Republican members of the Committee were John Linder of
Georgia, Deborah Pryce of Ohio, Lincoln Diaz-Balart of Florida,
Scott McInnis of Colorado and Enid Greene Waldholtz of Utah.
Because of the change in party control, former Democratic
members of the Rules Committee not on the committee in the
104th Congress were David E. Bonior of Michigan (who took a
leave of absence), Bart Gordon of Tennessee, and Louise M.
Slaughter of New York. Democrat Alan Wheat of Missouri left the
Committee to run for the U.S. Senate and was defeated in that
race.
The Committee held its organizational meeting on January 5,
1995. Representative James H. Quillen of Tennessee, who has the
distinction of being the longest serving Republican member of
the Rules Committee in its entire history (thirty two years of
Committee service by the end of the 104th Congress when he
announced his retirement) opened the meeting and presented the
new Chairman of the Committee, Gerald B.H. Solomon of New York.
Chairman Solomon then designated James H. Quillen as the
Chairman Emeritus of the Rules Committee. Chairman Solomon
introduced the new members of the Rules Committee,
Representatives Linder, Pryce, Diaz-Balart, McInnis and Greene
Waldholtz.
Rep. Dreier offered a motion that the Committee rules that
were in effect during the 103rd Congress be adopted as the
rules of the Committee for the 104th Congress with seven
amendments. The seven amendments were as follows: (1) eliminate
a redundant consultation requirement with the minority; (2)
permit the Chair to designate any member of the majority party
on the committee as the vice chair; (3) require that all
rollcall votes in the Committee on amendments and motions to
report be included in the Committee report; (4) afford the
audio and visual media the same access to Committee proceedings
as the public; (5) require the Committee to adopt an oversight
agenda for a Congress and to report on its implementation at
the end of a Congress; (6) consolidate all staff funding under
a single expense resolution and provide new authority of the
Chairman and Ranking Minority Member over associate staff and
subcommittee staff; and (7) require that Committee transcripts
be a substantially verbatim account of proceedings.
Representative Dreier also offered a motion that pursuant
to Rule 4 (d), the Subcommittee on Rules of the House and the
Subcommittee on the Legislative Process, would each be composed
of five majority and two minority members, identical to the
ratio of the 103rd Congress. Both of Representative Dreier's
motions were adopted by a voice vote.
Chairman Solomon subsequently appointed David Dreier as
Chairman of the Subcommittee on Rules of the House and
appointed Porter Goss to chair the Subcommittee on the
Legislative Process. Chairman Solomon then appointed the
majority and minority members of the two subcommittees as
follows.
Subcommittee on Rules of the House: David Dreier
(Chairman), Lincoln Diaz-Balart, Scott McInnis, Enid Greene
Waldholtz, Gerald B.H. Solomon, Anthony C. Beilenson and Tony
P. Hall.
Subcommittee on the Legislative Process: Porter Goss
(Chairman), James H. Quillen, John Linder, Deborah Pryce,
Gerald B.H. Solomon, Martin Frost, and John Joseph Moakley.
Chairman Solomon designated David Dreier as Vice Chairman
of the Rules Committee. He designated Lincoln Diaz-Balart as
Vice Chairman of the Subcommittee on Rules of the House and
James H. Quillen as Vice Chairman of the Subcommittee on the
Legislative Process.
At a subsequent meeting on February 8, 1995, the Rules
Committee adopted the Committee budget and authorized Chairman
Solomon to introduce a funding resolution.
D. The Rules Committee on the Internet
The Rules Committee's Internet Web page, http://
www.house.gov/rules/, went online June 20, 1996. From the first
page the viewer is greeted by a banner, a picture of Chairman
Solomon, and six related links; ``Members, Coming Attractions,
Rules News You Can Use, Subcommittees, Committee History, and
Links.'' The intent is to create a series of pages that are
easy to read and pleasing to the eye. Though that may be
somewhat subjective, the ``less is more'' approach is taken
when the ever evolving text and graphical content are
discussed.
The ``Coming Attractions'' link will keep interested
parties, both on and off the Hill, apprised of the Rules
Committee's scheduled hearings and markups. Though proposed
legislation sometimes comes to the committee at a moment's
notice, every effort will be made to make sure that this link
remains current and useful.
Following close on the heels of the schedule link is the
``Rules News You Can Use'' site. Rather than have a simple
repository for parliamentary rules-speak, this link will
contain all information relevant to the Rules Committee's role
in the legislative process. As institutional barriers to the
production and retrieval of electronic documents are removed,
this will be the link to follow in order to find: prepared
statements, committee rules, oversight plans, activity reports,
committee reports, and prints of bills.
The next link from the home page is the
``Subcommittees.'' http://www.house.gov/rules__org/21home.html,
is the address of the first Rules Committee related web-site,
and is maintained by the Subcommittee on Rules and Organization
of the House. Entitled ``The Twenty-First Century Congress,''
the original page was designed to facilitate interactive
communication between Congress and the public, as well as to
explore how technology will transform the way Congress works.
Since its inception, the page has been accessed many times as
people take the time to fill out the survey within the page.
Currently, the subcommittee is planning a complete overhaul of
the page which should be ready by the beginning of the 105th
Congress. The intent is to create a massive research tool to
show how the Congress operates, while maintaining an
interactive communication format. These are two goals which
will surely help in bringing Congress into the digital age.
The Subcommittee on the Legislative and Budget Process web
site is located at http://www.house.gov/rules__bud/homenew.htm.
The subcommittee is charged with monitoring the legislative
process and reviewing the budget process--two operations which
are difficult to comprehend. The web site is designed to give
people an easy map to follow in understanding how the rules and
procedures of the House direct what is done in managing the
nation's business.
The ``Rules Committee History'' link is complete with two
articles from the Simon and Schuster publication,
``Encyclopedia of the United States Congress.'' ``Rules
Committee--In the Beginning . . . '' is a brief synopsis of the
origins and evolution of the committee through the years.
``What is a Special Rule?'' defines the type of rule the
committee recommends to govern debate of legislation on the
House floor.
The final stop on the committee's page suggests links to
other related web sites, the first of which is a link to the
THOMAS web site. Unveiled on January 5, 1995 by the House
Leadership and the Library of Congress, THOMAS is the first
ever electronic information base to distribute information
about the House and Senate to the public free of charge. The
second is a link to ``Federal Government Links.'' The site is
maintained and constantly updated by House Information
Resources. Therein one may find numerous links to the
executive, legislative, and judicial branches of government, as
well as links to ``Federal Information Exchange, Inc.,''
``FedWorld,'' and ``Federal Information Center (FIC).''
At the beginning of the 104th Congress there were very few
E-mail addresses for members of Congress and no committee Web
sites. The House of Representatives processed virtually all
legislative information through paper-based systems. Use of
paper and ink as a method of communication was so entrenched
that the electronic files were actually discarded once the
paper documents were created. Each standing committee has now
been allocated disk space on the Web server maintained by the
House for the purpose of providing access to Congressional
information.
At the close of the 104th Congress, five of the committee's
thirteen members had individual home pages. Member web sites
are especially useful in finding out how to contact the office,
to research sponsored legislation, or gather information on
constituent services. All thirteen members should have a home
page by the beginning of the 105th Congress.
While the Internet offers almost limitless possibilities
for the free communication of ideas, research and information,
there are serious business and consumer issues concerning
accessibility, cost, privacy, security, copyright, and
standardization. From a government perspective, free access to
Congressional documents would allow millions of citizens to
become government watchdogs. This would represent a significant
bridging of the gap between Hill insider and outsider, and the
leap in citizen involvement could be considerable. However, the
business of Congress, like any business, involves informal
discussions surrounding documents that are amended and changed
many times before official approval by a committee,
subcommittee, or the House. Though there is an aggressive move
to establish an infrastructure capable of supporting a timely,
public distribution of official documents, a careful analysis
into the ramifications of the release of draft and unofficial
documents is needed.
As the foundation of common electronic and computable
systems continues to grow, so will the Rules Committee's web
site. As David Mason, Vice President of Government Relations
for the Heritage Foundation said in a hearing before the two
subcommittees of the Rules Committee, on July 24, 1996. ``There
are three clear principles you [the Congress] have already made
. . . the second of which is an increase in public access to
congressional information especially through the Internet.'' In
an effort to improve citizen participation in government,
Congress is taking its first steps into a digital age.
E. Rules of the Committee on Rules
U.S. House of Representatives
104th Congress
Rule XI, 1(a)(1) of the House of Representatives provides:
The rules of the House are the rules of its
committees and subcommittees so far as applicable,
except that a motion to recess from day to day, and a
motion to dispense with the first reading (in full) of
a bill or resolution, if printed copies are available,
are nondebatable motions of high privilege in
committees and subcommittees.
Rule XI, 2(a) of the House of Representatives provides, in
part:
Each standing committee of the House shall adopt
written rules governing its procedure.* * *
In accordance with the foregoing, the Committee on Rules
adopted the following Rules of Procedure on January 5, 1995,
and amended them on February 14, 1995 to change the names of
the two subcommittees.
Rule 1--Applicability of the House Rules
The Rules of the House of Representatives are the rules of
the Committee on Rules (hereafter in these rules referred to as
the ``Committee'') so far as applicable, together with the
rules contained herein.
Rule 2--Scheduling and Notice of Meetings and Hearings
MEETINGS
(a)(1) The Committee shall regularly meet at 10:30 a.m. on
Tuesday of each week when the House is in session.
(2) A Tuesday meeting of the Committee may be dispensed
with if, in the judgement of the Chairman of the Committee
(hereafter in these rules referred to as the ``Chair''), there
is no need for the meeting.
(3) Additional regular meetings and hearings of the
Committee may be called by the Chair or by the filing of a
written request, signed by a majority of the Members of the
Committee, with the Chief of Staff of the Committee.
NOTICE FOR REGULAR MEETINGS
(b) The Chair shall notify each Member of the Committee of
the agenda of each regular meeting or hearing of the Committee
at least 48 hours before the time of the meeting or hearing and
shall provide to each such Member, at least 24 hours before the
time of each regular meeting or hearing--
(1) for each bill or resolution scheduled on the
agenda for consideration of a rule, a copy of (A) the
bill or resolution, (B) any committee reports thereon,
and (C) any letter requesting a rule for the bill or
resolution; and
(2) for each other bill, resolution, report, or other
matter on the agenda, a copy of (A) the bill,
resolution, report, or materials relating to the other
matter in question, and (B) any report on the bill,
resolution, report, or any other matter made by any
subcommittee of the Committee.
EMERGENCY MEETINGS AND HEARINGS
(c)(1) The Chair may call an emergency meeting or hearing
of the Committee at any time on any measure or matter which the
Chair determines to be of an emergency nature; provided,
however, that the Chair has made an effort to consult the
Ranking Minority Member, or, in such Member's absence, the next
ranking minority party Members of the Committee.
(2) As soon as possible after calling an emergency meeting
or hearing of the Committee, the Chair shall notify each Member
of the Committee of the time and location of the meeting or
hearing.
(3) To the extent feasible, the notice provided under
paragraph (2) shall include the agenda for the emergency
meeting or hearing and copies of available materials which
would otherwise have been provided under subsection (b) if the
emergency meeting or hearing was a regular meeting or hearing.
Rule 3--Meeting Procedures
IN GENERAL
(a)(1) Meetings and hearings of the Committee shall be
called to order and presided over by the Chair or, in the
Chair's absence, by the Member designated by the Chair as the
Vice Chair of the Committee, or by the Ranking Majority Member
of the Committee present as Acting Chair.
(2) Meetings and hearings of the committee shall be open to
the public unless closed in accordance with clause 2(g) of rule
XI of the Rules of the House of Representatives.
(3) The five-minute rule shall be observed in the
interrogation of each witness before the Committee until each
Member of the Committee has had an opportunity to question the
witness.
(4) When a recommendation is made as to the kind of rule
which should be granted for consideration of a bill or
resolution, a copy of the language recommended shall be
furnished to each Member of the Committee at the beginning of
the Committee meeting at which a rule is to be considered or as
soon thereafter as the proposed language becomes available.
VOTING
(b)(1) No vote may be conducted on any measure or motion
pending before the Committee unless a majority of the Members
of the Committee is actually present, except as otherwise
specified in these rules.
(2) A rollcall vote of the Committee shall be provided on
any question before the Committee upon the request of any
Member of the Committee.
(3) A record of the vote of each Member of the Committee on
each rollcall vote on any matter before the Committee shall be
available for public inspection at the offices of the
Committee, and, with respect to any rollcall vote on any motion
to amend or report, shall be included in the report of the
Committee on the bill or resolution.
(4) The Members of the Committee, or one of its
subcommittees, present at a meeting or hearing of the committee
or the subcommittee, respectively, may, by majority vote, limit
the duration of debate, testimony, or Committee or subcommittee
consideration with respect to any measure or matter before the
Committee or subcommittee, respectively, or provide for such
debate, testimony, or consideration to end at a time certain.
MEDIA COVERAGE OF COMMITTEE AND SUBCOMMITTEE PROCEEDINGS
(c) Any meeting or hearing of the Committee or any of its
subcommittees that is open to the public shall be open to
coverage by television, radio, and still photography in
accordance with the provisions of clause 3 of the House rule XI
(which are incorporated by reference as part of these rules).
QUORUM
(d)(1) For the purpose of hearing testimony on requests for
rules, five Members of the Committee shall constitute a quorum.
(2) For the purpose of hearing and taking testimony on
measures of matters of original jurisdiction before the
Committee, three Members of the Committee shall constitute a
quorum.
SUBPOENAS AND OATHS
(e)(1) Pursuant to clause 2(m) of rule XI of the Rules of
the House of Representatives, a subpoena may be authorized and
issued by the Committee or a subcommittee in the conduct of any
investigation or series of investigations or activities, only
when authorized by a majority of the Members voting, a majority
being present.
(2) The Chair may authorize and issue subpoenas under such
clause during any period in which the House has adjourned for a
period of longer than three days.
(3) Authorized subpoenas shall be signed by the Chair or by
any Member designated by the Committee, and may be served by
any person designated by the Chair or such Member.
(4) The Chair, or any Member of the Committee designated by
the Chair, may administer oaths to witnesses before the
Committee.
GENERAL OVERSIGHT RESPONSIBILITY
(f)(1) The Committee shall review and study, on a
continuing basis, the application, administration, execution,
and effectiveness of those laws, or parts of laws, the subject
matter of which is within its jurisdiction.
(2) Not later than February 15 of the first session of a
Congress, the committee shall meet in open session, with a
quorum present, to adopt its oversight plans for that Congress
for submission to the Committee on House Oversight and the
Committee on Government Reform and Oversight, in accordance
with the provisions of clause 2(d) of House rule X.
Rule 4--Subommittees
APPLICATION OF HOUSE AND COMMITTEE RULES
(a)(1) As provided by clause 1(a)(2) of rule XI of the
Rules of the House of Representatives, subcommittees of the
Committee are a part of the Committee and are subject to its
authority and direction.
(2) Subcommittees of the Committee shall be subject
(insofar as applicable) to the Rules of the House of
Representatives and, except as provided in this rule, the rules
of the Committee.
establishment and responsibilities of subcommittees
(b)(1) There shall be two subcommittees of the Committee as
follows:
(A) Subcommittee on the Legislative and Budget
Process, which shall have general responsibility for
measures or matters related to relations between the
Congress and the Executive Branch.
(B) Subcommittee on Rules and Organization of the
House, which shall have general responsibility for
measures or matters related to relations between the
two Houses of Congress, relations between the Congress
and the Judiciary, and internal operations of the
House. In addition, each such subcommittee shall have
specific responsibility for such other measures or
matters as the Chair refers to it.
(2) Each subcommittee of the Committee shall review and
study, on a continuing basis, the application, administration,
execution, and effectiveness of those laws, or parts of laws,
the subject matter of which is within its general
responsibility.
reference of measures and matters to subcommittees
(c)(1) In view of the unique procedural responsibilities of
the Committee--
(A) no special order providing for the consideration
of any bill or resolution shall be referred to a
subcommittee of the Committee, and
(B) all other measures or matters shall be subject to
consideration by the full Committee except for those
measures or matters referred by the Chair to one or
both subcommittees of the Committee.
(2) The Chair may refer a measure or matter, which is
within the general responsibility of one of the subcommittees
of the Committee, jointly or exclusively to the other
subcommittee of the Committee where the Chair deems it
appropriate.
(3) In referring any measure or matter to a subcommittee,
the Chair may specify a date by which the subcommittee shall
report thereon to the Committee.
(4) The Chair or the Committee by motion may discharge a
subcommittee from consideration of any measure or matter
referred to a subcommittee of the Committee.
composition of subcommittees
(d) The size and ratio of each subcommittee shall be
determined by the Committee at its organizational meeting at
the beginning of each Congress, and Members shall be elected to
each subcommittee, and to the positions of chairman and ranking
minority member thereof, in accordance with the rules of the
respective party caucuses.
subcommittee meetings and hearings
(e)(1) Each subcommittee of the Committee is authorized to
meet, hold hearings, receive testimony, mark up legislation,
and report to the full Committee on any measure or matter
referred to it.
(2) No subcommittee of the Committee may, without the
Chair's approval, meet or hold a hearing at the same time as a
meeting or hearing of the full Committee is being held.
(3) The chairman of each subcommittee shall schedule
meetings and hearings of the subcommittee only after
consultation with the Chair.
(4) A Member of the Committee who is not a Member of a
particular subcommittee of the Committee may sit with the
subcommittee during any of its meetings and hearings, but shall
not have authority to vote, cannot be counted for a quorum, and
cannot raise a point of order at the meeting or hearing.
quorum
(f)(1) For the purpose of taking testimony, two Members of
the subcommittee shall constitute a quorum.
(2) For all other purposes, a quorum shall consist of a
majority of the Members of a subcommittee, except as otherwise
specified in these rules.
(3) Any vacancy in the membership of a subcommittee shall
not affect the power of the remaining Members to execute the
functions of the subcommittee.
records
(g) Each subcommittee of the Committee shall provide the
full Committee with copies of such records of votes taken in
the subcommittee and such other records with respect to the
subcommittee as the Chair deems necessary for the Committee to
comply with all rules and regulations of the House.
Rule 5--Budget and Travel
budget
(a) The Chair, in consultation with other Members of the
Committee, shall prepare for each session of Congress a budget
providing amounts for staff, necessary travel, investigation,
and other expenses of the Committee and its subcommittees.
travel
(b)(1) The Chair may authorize travel for any Member and
any staff member of the Committee in connection with activities
or subject matters under the general jurisdiction of the
Committee. Before such authorization is granted, there shall be
submitted to the Chair in writing the following:
(A) The purpose of the travel.
(B) The dates during which the travel is to occur.
(C) The names of the States or countries to be
visited and the length of time to be spent in each.
(D) The names of Members and staff of the Committee
for whom the authorization is sought.
(2) Members and staff of the Committee shall make a written
report to the Chair on any travel they have conducted under
this subsection, including a description of their itinerary,
expenses, and activities, and of pertinent information gained
as a result of such travel.
(3) Members and staff of the Committee performing
authorized travel on official business shall be governed by
applicable laws, resolutions, and regulations of the House and
of the Committee on House Oversight.
Rule 6--Staff
in general
(a)(1) Except as provided in paragraph (2), the
professional and investigative staff of the Committee shall be
appointed, and may be removed, by the Chair and shall work
under the general supervision and direction of the Chair.
(2) All professional, and any investigative, staff provided
to the minority party members of the Committee shall be
appointed, and may be removed, by the Ranking Minority Member
of the Committee and shall work under the general supervision
and direction of such Member.
associate staff
(b) Associate staff for members of the Committee may be
appointed only at the discretion of the Chair (in consultation
with the Ranking Minority Member regarding any minority party
associate staff), after taking into account any staff ceilings
and budgetary constraints in effect at the time, and any terms,
limits, or conditions established by the Committee on House
Oversight under clause 6 of House rule XI.
subcommittee staff
(c) From funds made available for the appointment of staff,
the Chair of the Committee shall, pursuant to clause 5(d) of
House rule XI, ensure that sufficient staff is made available
to each subcommittee to carry out its responsibilities under
the rules of the Committee, and, after consultation with the
Ranking Minority Member of the Committee, that the minority
party of the Committee is treated fairly in the appointment of
such staff.
compensation of staff
(d) The Chair shall fix the compensation of all
professional and investigative staff of the Committee, after
consultation with the Ranking Minority Member regarding any
minority party staff.
certification of staff
(e)(1) To the extent any staff member of the Committee or
any of its subcommittees does not work under the supervision
and direction of the Chair, the Member of the Committee who
supervises and directs the staff member's work shall file with
the Chief of Staff of the Committee (not later than the tenth
day of each month) a certification regarding the staff member's
work for that Member for the preceding calendar month.
(2) The certification required by paragraph (1) shall be in
such form as the Chair may prescribe, shall identify each staff
member by name, and shall state that the work engaged in by the
staff member and the duties assigned to the staff member for
the Member of the Committee with respect to the month in
question met the requirements of clause 6 of rule XI of the
Rules of the House of Representatives.
(3) Any certification of staff of the Committee, or any of
its subcommittees, made by the Chair in compliance with any
provision of law or regulation shall be made (A) on the basis
of the certifications filed under paragraph (1) to the extent
the staff is not under the Chair's supervision and direction,
and (B) on his own responsibility to the extent the staff is
under the Chair's supervision and direction.
Rule 7--Committee Administration
reporting
(a) Whenever the Committee authorizes the favorable
reporting of a bill or resolution from the Committee--
(1) the Chair or Acting Chair shall report it to the
House or designate a Member of the Committee to do so,
and
(2) in the case of a bill or resolution in which the
Committee has original jurisdiction, the Chair shall
allow, to the extent that the anticipated floor
schedule permits, any Member of the Committee a
reasonable amount of time to submit views for inclusion
in the Committee report on the bill or resolution.
Any such report shall contain all matters required by the Rules
of the House of Representatives (or by any provision of law
enacted as an exercise of the rulemaking power of the House)
and such other information as the Chair deems appropriate.
records
(b)(1) There shall be a transcript made of each regular
meeting and hearing of the Committee, and the transcript may be
printed if the Chair decides it is appropriate or if a majority
of the Members of the Committee requests such printing.
Any such transcripts shall be a substantially verbatim
account of remarks actually made during the proceedings,
subject only to technical, grammatical, and typographical
corrections authorized by the person making the remarks.
Nothing in this paragraph shall be construed to require that
all such transcripts be subject to correction and publication.
(2) The minutes of each executive meeting of the Committee
shall be available to all Members of the House of
Representatives in compliance with clause 2(e)(2) of rule XI of
the Rules of the House of Representatives.
(3) The Committee shall keep a record of all actions of the
Committee and of its subcommittees. The record shall contain
all information required by clause 2(e)(1) of rule XI of the
Rules of the House of Representatives and shall be available
for public inspection at reasonable times in the offices of the
Committee.
(4) The records of the Committee at the National Archives
and Records Administration shall be made available for public
use in accordance with rule XXXVI of the Rules of the House of
Representatives. The Chair shall notify the Ranking Minority
Member of any decision, pursuant to clause 3(b)(3) or clause
4(b) of the rule, to withhold a record otherwise available, and
the matter shall be presented to the Committee for a
determination on written request of any Member of the
Committee.
calendars
(c)(1) The Committee shall maintain a Committee Calendar,
which shall include all bills, resolutions, and other matters
referred to or reported by the Committee and all bills,
resolutions, and other matters reported by any other Committee
on which a rule has been granted or formally requested, and
such other matters as the Chair shall direct. The Calendar
shall be published periodically, but in no case less often than
once in each session of Congress.
(2) The staff of the Committee shall furnish each Member of
the Committee with a list of all bills or resolutions (A)
reported from the Committee but not yet considered by the
House, and (B) on which a rule has been formally requested but
not yet granted. The list shall be updated each week when the
House is in session.
(3) For purposes of paragraphs (1) and (2), a rule is
considered as formally requested when the Chairman of a
committee which has reported a bill or resolution (or a Member
of such committee authorized to act on the Chairman's behalf)
(A) has requested, in writing to the Chair, that a hearing be
scheduled on a rule for the consideration of the bill or
resolution, and (B) has supplied the Committee with an adequate
number of copies of the bill or resolution, as reported,
together with the final printed committee report thereon.
other procedures
(d) The Chair may establish such other Committee procedures
and take such actions as may be necessary to carry out these
rules or to facilitate the effective operation of the Committee
and its subcommittees.
Rule 8--Amendments to Committee Rules
The rules of the Committee may be modified, amended or
repealed, but only if written notice of the proposed change has
been provided to each such Member at least 48 hours before the
time of the meeting at which the vote on the change occurs.
II. HOUSE RULES CHANGES ADOPTED AT THE BEGINNING OF THE 104TH CONGRESS
A. Introduction
The change from Democratic to Republican party control of
the Congress with the 1994 congressional elections not only
portended new legislative policy directions for the country,
but fundamental changes in the internal operations of the
Congress itself, especially in the House. Central to House
congressional races was the ``Contract With America,'' a
detailed party legislative and congressional reform agenda for
the 104th Congress that was unveiled in September of 1994 in a
ceremony on the Capitol steps attended by most House Republican
candidates.
In its opening paragraph, the Contract promised not only to
change policies, but ``to restore the bonds of trust between
the people and their elected representatives.'' The Contract
went on to promise to ``transform the way the House works,''
and ``to restore accountability to Congress.'' To this end, the
Contract pledged that, ``On the first day of the 104th
Congress, the new Republican majority will immediately pass the
following major reforms, aimed at restoring the faith and trust
of the American people in their government:
``First, require all laws that apply to the rest of
the country also apply equally to the Congress;
``Second, select a major, independent auditing firm
to conduct a comprehensive audit of Congress for waste,
fraud, or abuse;
``Third, cut the number of House committees, and cut
committee staff by one-third;
``Fourth, limit the terms of all committee chairs;
``Fifth, ban the casting of proxy votes in
committees;
``Sixth, require committee meetings to be open to the
public;
``Seventh, require a three-fifths majority vote to
pass a tax increase;
``Eighth, guarantee an honest accounting of our
Federal Budget by implementing zero baseline
budgeting.''
Following the election, two Rules Committee Republicans,
Ranking Minority Member Gerald B.H. Solomon (NY) and David
Dreier (CA), were charged with drafting these and other reform
proposals for consideration by the Leadership and the
Republican Conference.
Both Members had also served as members of the Joint
Committee on the Organization of the Congress in the 103rd
Congress, and they therefore had the advantage of drawing from
many of the proposals that had either been adopted as part of
the House portion of the Joint Committee's recommendations or
had been offered as amendments to it and rejected. Many of the
recommendations finally included in the House Rules package for
the 104th Congress had their antecedents in Republican House
Rules substitutes offered on the opening days of preceding
Congresses.
The preliminary draft of the proposed rules for the 104th
Congress was presented to the Republican Conference at its
organizational meetings in December of 1994. Further proposals
were offered by Members of the Conference, including the new
class of 73 freshmen Members, and these were given further
consideration by the Leadership and included in the final
resolution drafted for consideration on opening day.
B. Procedures for Consideration of the House Rules Resolution for the
104th Congress
As was discussed in section one, the ordinary process for
considering the rules of a new Congress was for the former
chairman (in this case, the former ranking minority member) of
the Rules Committee or the majority leader, to call up the
resolution adopting the rules of the new Congress for
consideration under the ``hour rule.'' That means that, after
one hour of debate, if the previous question is adopted, the
House proceeds to vote the entire package of rules changes up
or down. The minority has two opportunities to amend the
package: (1) if it defeats the previous question, in which case
it would be recognized for an additional hour to offer its
amendments: or (2) if it succeeds in moving to commit the
package to a specified select committee with instructions to
report back ``forthwith'' with certain amendments. However, as
previously discussed, these procedural votes usually occur
along strict party lines.
However, for the first time in a century, the new majority
leadership decided upon a different procedure in order to
highlight the important changes contained in the Contract by
permitting a separate debate and vote on each of them. To
achieve this result, it was necessary first for a special rule
or order of business resolution to be presented to the House.
Consequently, on January 4, 1995, the opening day of the
104th Congress, after the House had adopted H. Res. 4 informing
the President of the election of the Speaker and Clerk of the
House, the majority leader first propounded this special
procedure as a unanimous consent request. When it was objected
to by the minority, Rules Committee chairman designate Solomon,
by direction of the Republican Conference, called up H. Res. 5
as a privileged resolution. The resolution provided that upon
adoption of H. Res. 5 it would be in order to call-up the
resolution adopting the rules of the House for the 104th
Congress. The resolution would first be debated for 30 minutes,
equally divided between the majority and minority leaders or
their designees. The resolution next provided for a division of
the question on the rules resolution into nine parts, the first
eight parts being the Contract's House reform provisions, and
the ninth part being an additional 23 rules changes, with each
of the nine parts debatable for 20 minutes. Finally, the
resolution provided for one motion to commit the resolution
with or without instructions.
After the previous question on H. Res. 5 was adopted, 232
to 199, the minority offered a motion to commit H. Res. 5 to a
select committee consisting of the majority and minority
leaders with instructions to report back an amendment that
would self-execute the adoption of an amendment to H. Res. 6 to
restrict the acceptance of gifts and book royalties by Members,
officers and employees of the House. The motion to commit was
rejected, 196 to 235, and H. Res. 5 was then adopted, 251 to
181. The majority leader then called up H. Res. 6, adopting
House Rules for the 104th Congress, and the House proceeded to
debate and vote on its nine component parts.
Since H. Res. 5 had established a division of the question
voting process, there would be no vote on final adoption of the
resolution. Each of the nine parts stood as an individual
proposition, not dependent on any of the others, and therefore
could be rejected without bringing down the entire package.
However, most of the propositions enjoyed large, bipartisan
majority votes. For example: the provision cutting committee
staffs by one-third was adopted, 416 to 12; the term limits on
committee and subcommittee chairmen and the Speaker was
adopted, 355 to 74; the proxy voting ban was adopted, 418 to
13; committee sunshine rules, 431 to 0; and the House audit,
430 to 1. The only provisions that were contentious were the
three-fifths vote requirement for income tax rate increases,
which was adopted, 279 to 152, and section 8 of Title I, which
provided for consideration of the Congressional Accountability
Act, which was adopted, 249 to 178.
The final of the nine votes was on the 23 additional rules
changes in Title II. On this the minority offered its motion to
commit with instructions containing additional amendments. The
motion was rejected, 201 to 227. Subsequently, Title II was
adopted by voice vote.
The House then proceeded to debate and vote on H.R. 1, the
Congressional Accountability Act, under the terms of section 8
of Title I of H. Res. 6 which provided for one-hour of
consideration in the House (meaning no amendments unless
contained in a motion to recommit with instructions). The bill
was passed by a vote of 429 to 0. The first day of the 104th
Congress, which had begun at 12 noon on January 4, 1995, was
finally adjourned after a marathon 14-plus hours at 2:24 a.m.
on January 5th.
C. Summary of Provisions of H. Res. 6, Adopting House Rules For The
104th Congress
Below is a section-by-section summary of H. Res. 6,
entitled, ``A Contract for a New House,'' adopting House Rules
for the 104th Congress, as offered by Majority Leader Armey on
January 4, 1995.
The Rules of the House of the 103rd Congress are adopted
as the rules for the 104th Congress together with the following
amendment:
Title I. Contract with America: A Bill of Accountability
Sec. 101. Committee, Subcommittee and Staff Reforms:
Committee staff in the 104th Congress is reduced by at least
one-third from comparable levels in the 103rd Congress. No
committee could have more than 5 subcommittees (except
Appropriations which could have no more than 13; Government
Reform and Oversight, no more than 7; and Transportation and
Infrastructure, no more than 6). Statutory and investigative
staff salary authorization levels would be consolidated in a
single, 2-year committee expense resolution (except for the
Committee on Appropriations). The distinction between
professional and clerical staff would be eliminated while
retaining the overall core staff of 30 for each committee (20-
majority, 10-minority, or a one-third guarantee to the minority
if less than 30). Committee chairmen would be required to
ensure that sufficient staff is made available to each
subcommittee to exercise its responsibilities under committee
rules, including fair treatment to the minority in subcommittee
staffing. Interim funding authority for House committees,
consistent with planned staff reductions, would be provided
pending the adoption of the primary expense resolution for
1995-96.
Sec. 102. Truth-in-Budgeting Baseline Reform: Cost
estimates in committee reports would include a comparison of
total estimated funding for the program(s) to the appropriate
levels under current law.
Sec. 103. Term Limits for Speaker, Committee and
Subcommittee Chairmen: Beginning with the 104th Congress: (a)
No person could serve as Speaker for more than four consecutive
Congresses (disregarding any service for less than a session).
(b) No Member could be the chairman of any committee, or of the
same subcommittee of a committee, for more than three
consecutive Congresses (excluding any service for less than a
session in a Congress).
Sec. 104. Proxy Voting Ban: No vote could be cast by proxy
on any committee or subcommittee thereof.
Sec. 105. Committee Sunshine Rules: Committee meetings,
which can now be closed for any reason, could only be closed by
majority rollcall vote if disclosure would endanger national
security, compromise sensitive law enforcement information, or
tend to defame, degrade or incriminate any person. Broadcast
coverage of any committee or subcommittee meeting or hearing
open to the public would be a right (not requiring a vote of
approval as at present).
Sec. 106. Limitations on Tax Increases: (a) No bill, joint
resolution, amendment or conference report carrying an income
tax rate increase, could be considered as passed or agreed to
unless so determined by a vote of at least three-fifths of the
House. (b) No measure or amendment could be considered that
contains a retroactive income tax rate increase.
Sec. 107. Comprehensive House Audit: The Inspector General
would be authorized to contract with one or more independent
auditing firms to conduct a comprehensive audit of House
financial records, physical assets, and operational facilities.
Sec. 108. Consideration of ``Congressional Accountability
Act'': The majority leader, or a designee, would be authorized
to call up for consideration on Jan. 4, 1995, a bill (H.R. 1),
the ``Congressional Accountability Act of 1995,'' subject to
one-hour of debate in the House, divided equally between the
majority leader and minority leader, or their designees, and to
one motion to recommit.
Title II. General
Sec. 201. House Administrative Reforms: The Office of
Doorkeeper would be abolished and its functions transferred to
the Sergeant-at-Arms. A Chief Administrative Officer, elected
by the House, would replace the Director of Financial and Non-
Legislative Services. The authority of the Inspector General
would be broadened to audit all House functions and to refer
possible violations of rules or law to the ethics committee for
action or possible referral to the appropriate Federal or State
authorities.
Sec. 202. Changes in Committee System: The Committees on
Post Office and Civil Service, and the District of Columbia
would be abolished and their jurisdictions transferred to the
Committee on Government Reform and Oversight; the Committee on
Merchant Marine and Fisheries would be abolished and its
jurisdiction transferred to the committees on National
Security, Resources, and Transportation and Infrastructure. The
Committee on Budget would be given shared legislative
jurisdiction over certain budgetary legislation. Term limits
for members of the Budget Committee would be changed from
three-terms in any five Congresses to four-terms in any six
Congresses. Other committees would be renamed and jurisdictions
transferred.
Sec. 203. Oversight Reform: Committees would be required to
adopt oversight plans for the Congress and submit them to the
Committees on House Oversight and Government Reform and
Oversight by Feb. 15th of the first session. The Committee on
Government Reform and Oversight would report the plans to the
House by March 31st together with any recommendations of the
committee or joint leadership to ensure maximum coordination.
Committees would be required to include an oversight section in
their final activity reports reporting on the implementation of
their plans. The Speaker would be authorized to appoint ad hoc
oversight committees, subject to House approval, for specific
oversight projects from committees sharing jurisdiction.
Sec. 204. Member Assignment Limits: No Member could have
more than two standing committee and four subcommittee
assignments (except committee chairmen and ranking minority
members could serve as ex officio members of all subcommittees
of their committees). Any exception to the assignment limits
must be approved by the House upon the recommendation of the
respective party caucus or conference.
Sec. 205. Multiple Bill Referral Reform: The joint referral
of bills to two or more committees would be prohibited. The
Speaker would designate a committee of primary jurisdiction
when a bill is introduced, may refer parts of bills to
appropriate committees, and may sequentially refer bills,
either upon introduction or after the primary committee has
reported, subject to time limits for reporting.
Sec. 206. Accuracy of Committee Transcripts: Committee
hearing and meeting transcripts shall be a substantially
verbatim account of remarks made during proceedings, subject
only to technical, grammatical, and typographical corrections
authorized by the person making the remarks involved.
Sec. 207. Elimination of ``Rolling Quorums'': The existing
``rolling quorum'' rule which allows drop-by voting to report
measures and permits less than a quorum to report if no point
of order is raised, would be repealed.
Sec. 208. Prohibition on Committee Meetings During House
Consideration of Amendments: No committee (except the
Committees on Appropriations, Rules, Standards and Ways and
Means) could sit while the House is reading a measure for
amendment under the five-minute rule without special leave
(which shall be granted unless 10 members object), or unless
upon the adoption of a motion offered by the majority leader
which shall be privileged. No committee could sit while the
House and Senate are meeting in joint session or when a joint
meeting of the House and Senate is in progress.
Sec. 209. Accountability for Committee Votes: Committee
reports on any bill or other matter would include the names of
those voting for and against on rollcall votes on any
amendments or on the motion to report a measure.
Sec. 210. Affirming Minority's Right on Motions To
Recommit: The Rules Committee could not report a special rule
denying the minority the right to offer amendatory instructions
in a motion to recommit if offered by the minority leader or a
designee.
Sec. 211. Waiver Policy for Special Rules: The Committee on
Rules would be required, to the maximum extent possible, to
specify in any special rule providing for the consideration of
a measure any provisions of House rules being waived.
Sec. 212. Prohibition on Delegate Voting in Committee of
Whole: The Resident Commissioner of Puerto Rico and the
Delegates from Guam, the Virgin Islands, American Samoa and the
District of Columbia could not vote in or preside over the
Committee of the Whole.
Sec. 213. Accuracy of the Congressional Record: The
Congressional Record would be a verbatim account of
proceedings, subject only to technical, grammatical and
typographical corrections by the Member speaking.
Unparliamentary remarks may be deleted only by unanimous
consent or order of the House.
Sec. 214. Automatic Roll Call Votes: Automatic roll call
votes would be required on final passage of bills making
appropriations, raising taxes, and conference reports thereon;
and on final adoption of budget resolutions and their
conference reports.
Sec. 215. Appropriations Reforms: Limitation amendments
could be offered to appropriations bills at the end of the
regular amendment process without having to first defeat the
motion to rise and report. A motion to rise could only be
offered by the majority leader (or a designee) if limitation
amendments are still pending. Non-emergency items could not be
reported or offered as amendments to emergency spending bills
(except to rescind budget authority or reduce direct spending
to pay for the emergency benefits). Off-setting, deficit
neutral amendments could be offered en bloc to any
appropriations measure. Reports on all appropriations bills
would be required to include not only a listing of legislative
provisions contained in the measures (as presently required),
but of all unauthorized activities being funded by the measure
(except for classified intelligence or national security
programs). Points of order would automatically be reserved
against an appropriations bill when filed.
Sec. 216. Ban on Commemoratives: No bill, resolution or
amendment could be introduced or considered in the House that
establishes or expresses any commemoration (defined as any
remembrance, celebration or recognition for any purpose) for a
specified time period (e.g., day, week, month). The Committee
on Government Reform and Oversight would be directed to
consider alternative means of establishing commemorations, such
as an independent or Executive Branch Commission, and to report
to the House any recommendations.
Sec. 217. Numerical Designation of Amendments Submitted for
Record: Amendments submitted for the amendments section of the
Congressional Record for any bill would be given numerical
designations in the order printed for that bill to facilitate
easy reference by Members and committees.
Sec. 218. Pledge of Allegiance: The Pledge of Allegiance
would be required in the House as the third order of business
each day.
Sec. 219. Discharge Petitions: The Clerk would be required
to publish the names of new signers of discharge petitions in
the last Congressional Record of each week and make available
to the public through an appropriate office the current names
of signers on a daily basis. The Clerk shall also devise a
system for making the names of signers available to House
offices and the public through electronic form.
Sec. 220. Protection of Classified Materials: The Code of
Official Conduct would be amended to require that, prior to
having access to any classified materials, Members, officers
and employees take an oath not to disclose such materials
except as authorized by the House or its Rules.
Sec. 221. Permanent Select Committee on Intelligence: The
House Permanent Select Committee on Intelligence would be
reduced in size from 19 to 16 members, with a 9-7 majority to
minority ratio. Member terms would be increased from three to
four and the chairman and ranking minority member could serve a
fifth term if they held those positions for only one Congress.
The Speaker (currently the majority leader) and minority leader
would serve as ex officio, non-voting members, and may
designate a member of their leadership staff to assist them and
have access to committee proceedings and materials, as if
committee staff, subject to the same security clearance and
confidentiality requirements as committee staff. Current
jurisdictional arrangements would be clarified.
Sec. 222. Abolition of Legislative Service Organizations:
The establishment or continuation of any Legislative Service
Organization (as defined and authorized by regulation in the
103rd Congress) would be prohibited in the 104th Congress. The
Committee on House Oversight would be directed to take
necessary steps to ensure the orderly termination and
accounting for funds of LSOs in existence on Jan. 4, 1995.
Sec. 223. Miscellaneous Provisions and Clerical
Corrections: The Speaker's authority to postpone votes on
certain matters would include postponing the previous question
vote on those matters. The Speaker's authority to reduce time
for voting to 5 minutes after a 15-minute vote on the previous
question would extend to any previous question vote (currently
applies only to previous question vote on special rules from
the Rules Committee). There would be established a Speaker's
Office for Legislative Floor Activities, with employees to be
appointed by the Speaker to assist in the management of
legislative floor activity. The Chairman of a committee could
designate any member of the committee or a subcommittee as the
vice chairman of the committee or subcommittee. Members would
be prohibited from using any personal, electronic office
equipment (including cellular phones, and laptop computers) on
the House floor. Certain specified, priority measures
introduced on Jan. 4, 1995, could have more than one prime
sponsor.
III. COMMITTEE JURISDICTION AND ACTIVITIES
A. Introduction
The jurisdictional mandate of the Committee on Rules is set
forth in Rule X, clause 1(m) as follows:
``(m) Committee on Rules.
``(1) The rules and joint rules (other than
rules or joint rules relating to the Code of
Official Conduct), and order of business of the
House.
``(2) Recesses and final adjournments of
Congress.
The Committee on Rules is authorized to sit and act
whether or not the House is in session.''
The jurisdictional mandate of the Committee for the
purposes of this survey of activities is broken down into two
subgroups: original jurisdiction matters and special rules
(order of business resolutions). In practice, these subgroups
are intertwined in a manner that greatly affects the way in
which the House conducts its business. One subgroup, referred
to here as ``original jurisdiction'' contains all measures
pertaining to the rules of the House and joint rules. These
measures are either referred directly to the Committee by the
Speaker or originate in the Committee itself. They not only
pertain to changes in House procedure, but also cover the
Committee's power to establish select committees, authorize
certain investigations, provide enforcement procedures for the
budget process, and to establish congressional procedures for
considering certain executive branch proposals.
The Committee held sixteen days of hearings and markups on
eleven matters of original jurisdiction during the 104th
Congress. Ten of the eleven measures were reported to the House
for consideration. Nine of those were adopted by the House. One
of the original eleven was not reported by the Rules Committee
but was discharged by the adoption of a rule and was then
adopted by the House.
The other subgroup of the Committee's jurisdictional
mandate, referred to as order of business resolutions or
``rules,'' is used by the Committee to direct the manner in
which a bill or resolution will be considered by the House.
``Rules,'' in the form of House resolutions, tailor the time
allotted for debate and the process by which a bill can be
amended. This is done to allow the House to consider the
subject matter in a way which best suits the bill's individual
issues and/or controversies. These ``rules'' may also contain
waivers of specific House rules or provisions of the Budget
Act. It is sometimes necessary to waive the rules of the House
in order to allow the House to consider all the facets of the
particular issue. Special rules also allow the House to
consider measures according to the majority leadership's
legislative scheduling priorities rather than in the numerical
order in which they were reported.
During the 104th Congress, the Committee held 190 days of
hearings pursuant to 185 written requests received from
Committee chairs seeking rules. In addition there were nine
formal requests ultimately disposed of by procedures other than
the Rules Committee (such as unanimous consent or suspension),
and seven formal requests pending at the end of the Congress.
These formal requests do not reflect additional requests of an
emergency nature made in person by the chairs of the various
legislative committees. The Rules Committee granted 230 rules:
167 rules provided for consideration of bills and resolutions,
49 dealt with conference reports and 19 other rules provided
for consideration of measures but stopped short of the amending
process (e.g., providing for debate only, creating suspension
days for considering specific measures or waiving the two-
thirds requirement to bring up a rule for a certain measure on
the same day the rule is reported). Note that five rules, H.
Res. 249, H. Res. 267, H. Res. 280, H. Res. 291 and H. Res. 386
were dual purpose rules listed under two categories above.
The Committee granted 69 open rules, 9 modified open rules
with a time cap on consideration of amendments, 3 modified open
rules with required preprinting in the Congressional Record, 5
modified open rules with both a time cap on consideration of
amendments and required preprinting in the Congressional
Record, 43 structured or modified closed rules, and 22 closed
rules. The Committee granted 50 waivers of specific sections of
the Budget Act. The Committee granted 100 rules waiving all
points of order to permit consideration of either the
underlying measure, the matter made in order as the original
text, or against the amendments made in order.
In summary, the Committee on Rules reported 230 rules (a
19% increase over the 103rd Congress). Of these the House
adopted 215, rejected one, tabled 12, and two remained pending
on the House Calendar when Congress adjourned in October, 1996.
In addition, the Committee on Rules reported 10 original
jurisdiction measures, nine of which were ultimately adopted by
the House. One reported measure was never taken up by the
House. One additional original jurisdiction measure was
discharged from the Rules Committee by adoption of a rule and
was then adopted by the House.
In addition to the full Committee activities, the
Subcommittee on the Legislative and Budget Process and the
Subcommittee on Rules and Organization of the House, conducted
studies concerning other matters in the Committee's
jurisdiction.
B. Special Orders or Rules
1. RULE REQUESTS
The process of considering requests for special orders or
``rules'' usually begins when the Committee on Rules receives a
letter from a legislative committee requesting that it hold a
hearing and recommend a rule on that particular measure. The
letter is signed by the full committee chairman and most often
makes a specific request for the type of rule desired by the
legislative committee. In some cases, the emergency nature of
the legislation does not allow adequate time for a formal
request to be registered. In these cases, the requests are made
in person by the chairman of the committee with jurisdiction.
Once a hearing has been scheduled, the Committee on Rules
allows any House member who has an interest in testifying to do
so. Under normal circumstances and pursuant to Committee rules,
printed copies of the legislation and accompanying committee
report or conference report are provided to the Committee
members at least 24 hours in advance of the meeting on the rule
request for the legislation.
The Committee gives written notice to its members and
notifies the pertinent committee of the scheduled hearing date
at least 48 hours prior to the commencement of the hearing,
unless an emergency situation exists. Materials are also
supplied to the Budget Committee for its examination for
possible Budget Act violations. If Budget Act violations are
present, the Budget Committee chairman often advises the
Committee on Rules whether the Budget Committee objects to or
supports the granting of specific waivers. The position of the
Budget Committee on these matters is merely advisory in nature;
the Committee on Rules has sole jurisdiction over waivers of
the Budget Act, subject to House approval of the rule
containing such waivers.
2. HEARINGS
The Rules Committee chairman controls the order in which
witnesses appear and also initiates the questioning. Typically,
the chairman of the committee requesting the rule makes a short
statement. The chairman is followed by the ranking minority
member. Sometimes the subcommittee chair and ranking minority
member appear on behalf of their full committee counterparts on
the rule request.
In many cases, the components of the proposed special order
form the basis for the dialogue between substantive committee
leaders asking for the rule and the Rules Committee members.
More often than not, the questioning escalates into discussions
about the merits of the bill itself. If the legislation is
particularly wide-ranging or controversial, Representatives who
do not sit on the relevant legislative committee seek to
testify. (Except in the most unusual circumstances, only House
Members are allowed to testify during a rule request hearing.)
Questioning of each witness takes place under the five-minute
rule until each Committee member has had an opportunity to
question each witness. Questioning is rather informal. The
Chairman rarely enforces the five-minute rule, and Committee
members yield to one another to allow their colleagues to make
a specific point or follow up on the line of questioning.
A quorum, at least seven members of the thirteen, must be
present before a recommendation on a rule can be ordered
reported, deferred, or tabled (killed).
After the Committee votes to approve a rule, the Chairman
and ranking minority member each assign one of their members to
manage the rule on the floor. The majority manager's name
appears on the rule and report, and that person usually files
the rule from the House floor, at which time the resolution and
report are assigned a number.
Any member may ask for a roll call or a division vote. In
the past, most decisions of the Committee were made by voice
vote, but in the last several Congresses there has been an
increase in the number of roll call votes demanded. For the
entire 100th Congress, there were 18 roll call votes demanded;
in the 101st Congress, there were 26; in the 102nd, there were
193; in the 103rd, there were 533; and, in the 104th, there
were 327.
Once a special rule has been filed, the Majority Leader--
working closely with the Speaker, the Rules Committee chairman,
and the substantive committee chairman--decides upon an
appropriate date for the consideration of the rule on the
floor. Rules can be considered the same day they are reported,
if the House agrees to consideration by a two-thirds vote.
After a one-day layover, rules may be considered at any time
without being subject to a question of consideration.
3. TYPES OF SPECIAL ORDERS OR RULES
a. Background
Table 1 in the Appendix categorizes all rules granted.
Rules are broken down into seventeen different categories
dealing with all stages of the legislative process in the
House.
In recent congresses, particular attention has been focused
on the type of amendment structure provided for in rules. In
dealing with amendment structure this report focuses only on
those rules which provide for the initial consideration of
bills, joint resolutions or budget resolutions and which
provide for an amending process. The new majority in the 104th
Congress has used categories of rules which are based on the
ones used for years by the then-minority. The amendment
structure categories are as follows: (1) open, (2) modified
open--time cap on consideration of amendments, (3) modified
open--required preprinting in the Congressional Record, (4)
modified open--both time cap on consideration of amendments and
required preprinting in the Congressional Record, (5)
structured or modified closed, and (6) closed.
These categories are somewhat different from the categories
used by the previous majority in the Survey of Activities for
the 103rd Congress. Those categories were (1) open, (2) open
plus, (3) open--restricted in part, (4) time cap, (5)
amendments printed in the Congressional Record, (6) amendments
printed in the report, (7) modified closed, and (8) closed.
There are advantages to the new categories. For example, under
the old system, there was a category ``open--restricted in
part''. The whole concept of an open rule is to allow a member
to offer any amendment that complies with the standing rules of
the House. Once the rule is ``restricted in part'' it is a
stretch to put it in any kind of open category. It is possible
that 99% of the bill could be covered by the restrictive part
of the rule and only 1% covered by the open part of the rule.
The old system could be abused to make it sound as if there was
a greater degree of openness than was really there. Under the
new system, any rule that limits a member's right to offer any
amendment allowed by the rules of the House cannot be called
open. In addition the new system is somewhat simpler, having
two fewer categories, while preserving the significant
distinctions of the old system.
During the 104th Congress both the majority and the
minority have on numerous occasions inserted in the
Congressional Record charts categorizing rules that provide an
amendment structure.
The majority in the 104th Congress has inserted charts
using categories based on those that are used in this Survey of
Activities. In order to simplify the summary at the beginning
of the chart, categories have been consolidated into three; (1)
open/modified open, (2) structured/modified closed, and (3)
closed.
The minority in the 104th Congress has inserted charts
classifying rules in three categories: (1) open, (2)
restrictive, and (3) closed. The chart of the minority contains
a footnote noting that, ``Restrictive rules are those which
limit the number of amendments which can be offered, and
include so-called modified open and modified closed rules as
well as completely closed rules and rules providing for
consideration in the House as opposed to the Committee of the
Whole. This definition of restrictive rule is taken from the
Republican chart of resolutions reported from the Rules
Committee in the 103rd Congress.''
However, the Democrats' table does not confine itself to
rules reported from the Rules Committee that were counted as
open or restrictive as was done by the Republican minority in
the 103rd Congress. The footnote to the Republican minority
table indicated that, ``total rules counted are all order of
business resolutions reported from the Rules Committee which
provide for the initial consideration of legislation, except
rules on appropriations bills which only waive points of order.
Original jurisdiction measures reported as privileged are also
not counted.''
It should also be noted that Republican minority tables in
the 103rd Congress only applied to bills, joint resolutions and
budget resolutions, but not to other concurrent resolutions or
simple House resolutions. If the Democratic minority were
really using the same system used by the Republican minority in
the 103rd Congress, a number of measures would be counted
differently, such as the following.
H. Res. 5--Providing for the consideration of H. Res. 6,
House rules package. This would not have been counted by the
then Rules minority because (a) it was not reported by the
Rules Committee; and (b) it provided for consideration of a
simple House resolution. Yet it is scored as a closed rule.
H. Res. 6--Providing for the adoption of House rules and
the consideration of H.R. 1, the Congressional Accountability
and Compliance Act. This would not have been scored since it
was not reported by the Rules Committee. Yet it is scored as a
closed rule.
H. Res. 38--Providing for consideration of H.R. 5, the
Unfunded Mandate Reform Act. This is scored as ``restrictive''
because of a motion to limit amendments during consideration.
But, the rule as reported was an open rule and would have been
so counted. Motions to limit amendments are in order under
House rules.
H. Res. 43--Amending House rule XI regarding committee
hearings. It is listed as restrictive though this was an
original jurisdiction matter considered in the House as
privileged without a rule. It would not have been listed by the
Republican minority in its tables.
H.R. 729--It is counted as restrictive even though it was
considered under a time cap unanimous consent agreement. Since
there was no rule reported, it would not have been counted by
the Republican minority.
S. 2--Senate congressional compliance bill. It is counted
as closed, even though it was not brought up under a rule. It
was considered under suspension of the rules--never counted by
the Republican minority. If this suspension was counted as
closed, why weren't all other suspension bills?
H. Res. 268--Making in order H. Res. 250, the House gift
rule. It is listed as closed, even though it makes in order two
amendments. However, this would not have been counted by the
Republican minority in the 103rd Congress since it applies to a
simple House resolution. Only rules for bills and joint
resolutions were counted, other than concurrent resolutions on
the budget.
H. Res. 334--Providing for the disposition of Senate
amendments to H.R. 1643. It is counted as closed. The
Republican minority in the 103rd Congress did not count rules
that provided for the disposition of Senate amendments to
previously passed House bills and joint resolutions.
H. Res. 336--Providing for the disposition of Senate
amendments to H.J. Res. 134. It is counted as closed. The
Republican minority in the 103rd Congress did not count rules
that provided for the disposition of Senate amendments to
previously passed House bills and joint resolutions.
H. Res. 338--Providing for the disposition of Senate
amendments to H.R. 1358. It is counted as closed. The
Republican minority in the 103rd Congress did not count rules
that provided for the disposition of Senate amendments to
previously passed House bills and joint resolutions.
The above is only a partial compilation of items listed as
restrictive or closed by the Democrats in the 104th Congress
which would not have been listed that way by Republicans in the
103rd. If the Democrats were truly using the same system in
this Congress that they claim they are copying from the
Republican minority's classification system in the 103rd
Congress, there would be many fewer restrictive and closed
rules than they are claiming.
b. Explanation of Types of Rules Granted
This section focuses only on rules which provide for an
amendment process. Therefore, rules providing for general
debate only, stopping short of consideration of the measure for
amendment, or waiving the two-thirds requirement are not
included in this section. Rules for conference reports--which
are otherwise privileged and, under regular order, non-
amendable--also are not included in this section:
(1) Open. An open rule is one under which any member
may offer an amendment that complies with the standing
rules of the House and the Budget Act. Also included in
the category of open rules are those that have been
called ``open plus''. These rules allow the offering of
any amendment in order under an open rule--plus
amendments which have to be protected from a point of
order in order to be offered.
(2) Modified open--time cap on consideration of
amendments. This type of rule permits any amendment in
order under an open rule, subject only to an overall
time limit on the amendment process. It allows the
House to manage its time, to make more reliable its
schedule and to provide some certainty about when
measures will be on and off the floor. Moreover, it
allows the majority and minority parties to offer
priority amendments of their choosing rather than
having the Rules Committee designate what amendments
can be offered.
(3) Modified open--required preprinting in the
Congressional Record. This type of rule permits the
offering only of those amendments printed in the
Congressional Record. In some cases the rule requires
amendments to be printed by a specific date; in some
cases the amendment must be printed before the
consideration of the amendment and in other cases
before the consideration of the bill for any amendment.
In most cases these rules do not prohibit second degree
amendments. The preprinting requirement does not afford
the same time certainty as the time cap, since there is
no way to know in advance how many amendments will be
submitted and printed, how many printed amendments will
actually be offered, or how many roll call votes will
be called. Requiring that amendments be printed in
advance affords Members a better idea of the range of
issues to be debated and voted on, and it removes the
element of surprise at least from first degree
amendments.
(4) Modified open--both time cap on consideration of
amendments and required preprinting in the
Congressional Record. This type of rule combines the
features of the two types of modified open rules listed
above along with the advantages and disadvantages of
each of them.
(5) Structured or modified closed rule. A structured
or modified closed rule is one under which the Rules
Committee limits the amendments that may be offered
only to those amendments designated in the special rule
or the Rules Committee report to accompany it, or which
precludes amendments to a particular portion of a bill,
even though the rest of the bill may be completely open
to amendment. A modified closed rule is one which
allows the offering of only one or two amendments. A
structured rule is one which allows three or more
amendments. In the case of a structured or modified
closed rule, the Chairman generally will announce
through a one minute speech and a ``Dear Colleague''
letter, the intention of the Committee to review all
amendments. He requests that Members provide the
Committee with copies of their proposed amendments in
advance of the Committee meeting date. In some
instances, the amendments made in order represent all
of the amendments submitted to the Committee. Some
rules being labeled as structured here would have been
called ``open--restricted in part'' by the Democratic
majority in the 103rd Congress. This tougher standard
for openness in the 104th Congress makes it look as if
the number of partially open rules is smaller than it
would have been by past standards.
(6) Closed. This type of rule is one under which no
amendments may be offered other than amendments
recommended by the committee reporting the bill. It
should be noted that under House rules changes adopted
at the beginning of the 104th Congress, the Rules
Committee cannot report a special rule denying the
minority the right to offer amendatory instructions in
a motion to recommit if offered by the minority leader
or a designee. In the 103rd Congress a rule which
allowed a motion to recommit with amendatory
instructions, was labeled by the Democratic majority a
modified closed rule. In the 104th Congress with
tougher standards, it is now a closed rule. This change
makes it look as if there are more closed rules than
there would have been under the standard used by the
Democrats in the 103rd Congress.
c. A Move Toward a More Open Congress
In the 95th Congress 85% of the rules were open rules. In a
steady progression downward from Congress to Congress, the
number of open rules decreased until it reached a low point of
30% in the 103rd Congress.
The 104th Congress has now reversed that downward trend.
The percentage of open rules is now up to 46%. The percentage
of modified open rules of all varieties is now 11%. Taken
together this means that the total percentage of open/modified
open rules is now 57%. This change has meant a greater
opportunity for the representatives of the people to offer
their ideas to their colleagues in the form of amendments and
put the amendments to a majority vote. It should be noted that
the majority in the 104th Congress has never advocated that all
rules should be open. From the very beginning it was made clear
that the long-standing precedent of closing off floor
amendments to the Internal Revenue Code would be followed
because the tax laws in this nation have already become overly
complex. It was also clear that the House should follow the
precedent of dealing with very large and complex matters like
budget resolutions and budget reconciliation bills by only
allowing full substitutes to be offered. However, when it has
been feasible the 104th Congress has moved toward a more open
process. And this is in spite of the fact that the definitions
of closed rules and structured rules now include many rules
that the majority in past Congresses would have classified
differently.
d. Special procedures--``King-of-the-Hill'' Displaced by ``Most-Votes-
Wins''
In recent congresses the then-majority had come
increasingly to rely on a procedure known as king-of-the-hill.
The initial justification for the king-of-the-hill procedure
was that it allowed alternative versions of an amendment to
compete for adoption. Regular order does not permit further
amendments to a text once it has been amended in its entirety.
Under the king-of- the-hill procedure several amendments posing
solutions to the same problem are all made in order, are all
voted on, and the last one adopted becomes the text of the
bill. It is this last feature which caused the problem. By
providing that the last proposal to get a majority wins, the
rule sets up the possibility that an amendment could receive a
larger vote and still be defeated if a later proposal receives
a simple majority of the votes. For example, if the first
proposal received 400 votes, the second proposal received 300
votes, and the third proposal received 218 votes, the proposal
receiving the 218 votes would prevail under the old king-of-
the-hill procedure. To Republicans this always seemed unfair.
It gave the then-majority Democratic leadership the ability to
stack the deck in favor of the proposal they wanted to win,
even if it did not have nearly as much support as some other
alternative.
Finally in the 104th Congress the new Republican majority
was able to implement a proposal it had offered unsuccessfully
in the past. The new approach is called ``most votes wins''. A
``most votes wins'' rule allows the House to consider several
alternative solutions to the same problem, but instead of
providing that the last one to receive a majority wins, it
provides that the proposal with the most votes wins, regardless
of whether it was offered, first, last, or somewhere in the
middle. This preserves the major benefit of the king-of-the-
hill procedure, that is, permitting the House to consider
several different solutions to the same problem, but it
eliminates the main drawback of the king-of-the-hill procedure,
that is, the possibility that the proposal receiving the most
votes could lose.
4. FLOOR CONSIDERATION OF THE RULE
When time comes to present a rule, the majority member who
filed the rule (a privileged House resolution), or another
majority member of the Rules Committee designated by the
chairman, is recognized by the Speaker. That Member stands at
the majority committee table on the House Floor. Once
recognized, the Member states:
Mr. Speaker, by direction of the Committee on Rules,
I call up House Resolution ______________, and ask for
its immediate consideration.
(Any member of the Committee on Rules may be recognized to call
up a rule that has been on the House Calendar for at least
seven legislative days, and the Speaker is required to
recognize the Rules Committee member as a question of the
highest privilege, so long as the member has given one-day's
notice of an intent to seek recognition for that purpose.)
Once the Clerk has read the resolution, the Speaker
recognizes the majority Rules Committee member handling the
rules for one hour. The majority floor manager then customarily
yields thirty minutes to his minority counterpart for the
purposes of debate only, and debate on the rule is started. The
length of debate on the rule varies according to the degrees of
controversy over the bill or the complexity of the rule, but
debate on most noncontroversial rules is over within fifteen or
twenty minutes and the rule may be accepted by voice vote.
Since a rule is considered in the House under the hour
rule, no amendments are in order unless the floor manager
offers an amendment or yields to another Member for that
purpose. At the conclusion of debate on the rule, the floor
manager moves the previous question. If no objection is heard,
the House proceeds to vote on the rule. If objection is heard,
a vote occurs on the previous question. If the previous
question is rejected, however, a Member who opposed the
previous question (usually the Rules Committee minority floor
manager) is recognized. That Member then controls one hour of
debate time on the amendment. The Member controlling the time
may offer an amendment to the rule and then move the previous
question on the amendment and on the rule when debate has
concluded. Once the rule is adopted (with or without
amendments), the legislation it concerns is eligible for
consideration under the terms of the rule.
5. RULES REJECTED, TABLED, OR PENDING
In the 104th Congress, the Committee on Rules reported 230
rules. The House adopted 215 of these rules, rejected one rule,
and tabled twelve rules. Two rules remained pending on the
House Calendar at adjournment.
a. Rules rejected by the House
House Resolution 185, providing for the consideration of
H.R. 1977, making appropriations for the Department of the
Interior and related agencies for the fiscal year ending
September 30, 1996, failed passage by a roll call vote of 192-
238 on July 12, 1995.
b. Rules tabled by the House
House Resolution 47, providing for the consideration of H.
Res. 43, to permit Committee Chairmen to schedule hearings, was
laid on the table by unanimous consent on January 31, 1995.
House Resolution 103, providing for the consideration of
the bill H.R. 1058, the Securities Litigation Reform Act, was
laid on the table March 7, 1995, pursuant to House Resolution
105, another rule providing for the consideration of H.R. 1058.
House Resolution 105 was adopted by a record vote of 257-155
The following two House resolutions were both tabled by
unanimous consent on May 17, 1995:
House Resolution 147, providing for the consideration
of the bill, S. 4, The Legislative Line Item Veto Act
of 1995.
House Resolution 148, providing for the consideration
of the bill, S. 219, The Regulatory Transition Act of
1995.
House Resolution 323, providing for the consideration of
the bill, H.R. 2677, The National Parks and National Wildlife
Refuge Systems Freedom Act of 1995, was laid on the table by
unanimous consent on February 28, 1996.
House Resolution 368, providing for the consideration of
the bill H.R. 994, the Regulatory Sunset and Review Act of
1995, was laid on the table by unanimous consent on April 17,
1996.
House Resolution 376, providing for general debate only on
the bill H.R. 2703, the Comprehensive Antiterrorism Act of
1995, was tabled by unanimous consent on March 13, 1996.
By order of the Speaker, without objection, the following
two resolutions were laid on the table on August 1, 1996:
House Resolution 496 waiving points of order against
the conference report to accompany the bill (H.R. 3603)
making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies for the fiscal year ending September 30, 1997,
and for other purposes.
House Resolution 497 waiving points of order against
the conference report to accompany the bill (H.R.
3517), making appropriations for military construction,
family housing, and base realignment and closure for
the Department of Defense for the fiscal year ending
September 30, 1997, and for other purposes.
House Resolution 260 waiving a requirement of clause 4(b)
of rule XI with respect to consideration of certain resolutions
reported from the Committee on Rules, was laid on the table by
unanimous consent on December 6, 1995.
House Resolution 310 waiving the provisions of clause
2(g)(3) of rule XI, requiring at least one week's advance
notice of any committee hearing except by the concurrence of
the ranking minority member or vote of the committee, are
waived for the remainder of the first session of the 104th
Congress was tabled on January 5, 1996, by unanimous consent.
House Resolution 352 authorizing the Speaker to declare
recesses, subject to the call of the Chair, of not more than
three day intervals at a time from calendar days Friday,
February 2, 1996, through Monday, February 26, 1996, was tabled
on February 28, 1996, by unanimous consent.
(c) Rules Pending
The Rules Committee reported House Resolution 438,
providing for the consideration of the bill H.R. 3144, the
Defend America Act, on May 16, 1996.
The Rules Committee reported House Resolution 536,
providing for the consideration of the bill H.R. 1296, Omnibus
Parks and Land Management Act of 1996, on September 25, 1996.
6. WAIVERS OF HOUSE RULES
The following compilation identifies the Rules of the House
which were waived in specific resolutions, the provisions to
which the waivers applied, and the legislation which required
the waiver. There is also an indication whether the rule was
waived against the bill and/or original text (B/OT), an
amendment (A), a motion (M), or a conference report (CR).
Rule X, clause 1(b)--Requiring a detailed explanation in the committee report on any recissions or transfers of
unexpected balances
H. Res. 445...................... H.R. 3540........................ Foreign Assistance B
Appropriations, FY 1997.
Rule X, clause 1(q)(10)--Prohibiting inclusion in a general roads bill of provisions addressing specific roads
H. Res. 224...................... H.R. 2274........................ National Highway System OT
Designation Act of 1995.
Rule XI, clause 2(g)(3)--Requiring a committee to schedule hearings at least a week in advance unless it
determines for good cause to schedule them sooner
H. Res. 44....................... H. Con. Res. 17 & H. J. Res. 1... Relating to the B
Treatment of Social
Security & the Balanced
Budget Constitutional
Amendment
(respectively).
Rule XI, clause 2(l)(2)--Requiring a quorum to report a bill from committee
H. Res. 427...................... H.R. 3322........................ Omnibus Civilian Science B
Authorization Act of
1995.
Rule XI, clause 2(l)(2)(B)--Requiring the inclusion in the report of any roll call votes on a motion to report a
bill from committee
H. Res. 63....................... H.R. 667......................... Violent Criminal B
Incarceration Act of
1995.
H. Res. 225...................... H.R. 927......................... Cuban Liberty and B
Democratic Solidarity
Act of 1995.
H. Res. 226...................... H.R. 743......................... Teamwork for Employees B
and Managers Act of
1995.
H. Res. 237...................... H.R. 2259........................ Disapproval of Certain B
Sentencing Guideline
Amendments.
H. Res. 516...................... H.R. 3719........................ Small Business Programs B
Improvment Act of 1996.
Rule XI, clause 2(l)(6)--Requiring a three-day layover of the report
H. Res. 63....................... H.R. 667......................... Violent Criminal B
Incarceration Act of
1995.
H. Res. 130...................... H.R. 483......................... Extension of Medicare B
Select Policies.
H. Res. 155...................... H.R. 1561........................ American Overseas B
Interests Act of 1995.
H. Res. 205...................... H.R. 2126........................ Defense Appropriations, B
FY 1996.
H. Res. 269...................... H.R. 2564........................ Lobby Disclosure Act of B
1995.
H. Res. 303...................... H.R. 1745........................ Utah Public Lands B
Management of 1995.
H. Res. 451...................... H.R. 3603........................ Agriculture B
Appropriations, FY 1997.
H. Res. 453...................... H.R. 3610........................ Defense Appropriations, B
FY 1997.
H. Res. 455...................... H.R. 3662........................ Interior Appropriations, B
FY 1997.
H. Res. 456...................... H.R. 3666........................ VA, HUD Appropriations, B
FY 1997.
H. Res. 472...................... H.R. 3755........................ Labor, Health, Human B
Services, Education
Appropriations, FY 1997.
H. Res. 473...................... H.R. 3754........................ Legislative Branch B
Appropriations, FY 1997.
H. Res. 474...................... H.R. 3396........................ Defense of Marriage Act. B
H. Res. 479...................... H.R. 3814........................ Commerce, Justice, B
State, Judiciary
Appropriations, FY 1997.
H. Res. 499...................... H.R. 123......................... English Language B
Empowerment Act of 1996.
Rule XIII, clause 3--Requiring a committee bill report contain the text of the statute being repealed within the
committee bill
H. Res. 194...................... H.R. 2002........................ Transportation B
Appropriations, FY 1996.
Rule XIII, clause 7--Requiring a cost estimate in the committee report
H. Res. 421...................... H.R. 2974........................ Crimes Against Children B
and Elderly Persons
Increased Punishment
Act.
H. Res. 422...................... H.R. 3120........................ Amending Title 18, B
United States Code,
with Respect to Witness
Retaliation, Witness
Tampering and Jury
Tampering.
Rule XVI, clause 7--Prohibiting nongermane amendments
H. Res. 55....................... H.R. 2........................... Line Item Veto Act...... OT
H. Res. 63....................... H.R. 667......................... Violent Criminal OT
Incarceration Act of
1995.
H. Res. 92....................... H.R. 889......................... Emergency Supplemental OT
Appropriations, DoD,
1995.
H. Res. 101...................... H.R. 925......................... Private Property OT
Protection Act of 1995.
H. Res. 103...................... H.R. 1058........................ Securities Litigation A
Reform.
H. Res. 105...................... H.R. 1058........................ Securities Litigation A
Reform.
H. Res. 115...................... H.R. 1158........................ Emergency Supplemental OT
Appropriations,
Disaster Assistance,
1995.
H. Res. 140...................... H.R. 961......................... Clean Water Amendments OT
of 1995.
H. Res. 216...................... H.R. 1655........................ Intelligence OT
Authorization Act, FY
1995.
H. Res. 218...................... H.R. 1162........................ Deficit Reduction Lock- OT
Box Act of 1995.
H. Res. 225...................... H.R. 927......................... Cuban Liberty and OT
Democratic Solidarity
Act of 1995.
H. Res. 303...................... H.R. 1745........................ Utah Public Lands OT
Management Act of 1995.
H. Res. 368...................... H.R. 994......................... Regulatory Sunset and OT, M
Review Act of 1995.
H. Res. 410...................... H.R. 1675........................ National Wildlife Refuge OT
Improvment Act of 1995.
H. Res. 419...................... H.R. 2149........................ Ocean Shipping Reform A
Act of 1995.
H. Res. 421...................... H.R. 2974........................ Crimes Against Children A
and Elderly Persons
Increased Punishment
Act.
H. Res. 437...................... H.R. 3259........................ Intelligence OT
Authorization Act, FY
1996.
H. Res. 488...................... H.R. 2391........................ Working Families OT
Flexibility Act of 1996.
H. Res. 499...................... H.R. 123......................... English Language OT
Empowerment Act of 1996.
Rule XXI, clause 2--Prohibiting unauthorized appropriations or legislative provisions in a general
appropriations bill against provisions in the bill
H. Res. 92....................... H.R. 889......................... Emergency Supplemental B, OT, A
Appropriations, DoD.
H. Res. 115...................... H.R. 1158........................ Emergency Supplemental B, OT
Appropriations,
Disaster Assistance,
1995.
H. Res. 167...................... H.R. 1817........................ Military Construction B
Appropriations, FY 1996.
H. Res. 169...................... H.R. 1854........................ Legislative Branch B
Appropriations, FY 1996.
H. Res. 170...................... H.R. 1868........................ Foreign Assistance B, A
Appropriations, FY 1996.
H. Res. 171...................... H.R. 1905........................ Energy and Water B
Appropriations, FY 1996.
H. Res. 185...................... H.R. 1977........................ Interior Appropriations, B
FY 1996.
H. Res. 187...................... H.R. 1977........................ Interior Appropriations, B
FY 1996.
H. Res. 188...................... H.R. 1976........................ Agriculture B
Appropriations, FY 1996.
H. Res. 190...................... H.R. 2020........................ Treasury, Postal Service B
Appropriations, FY 1996.
H. Res. 194...................... H.R. 2002........................ Transportation B
Appropriations, FY 1996.
H. Res. 198...................... H.R. 2076........................ Commerce, Justice, B
State, Judiciary
Appropriations, FY 1996.
H. Res. 201...................... H.R. 2099........................ VA, HUD Appropriations, B
FY 1996.
H. Res. 205...................... H.R. 2126........................ Defense Appropriations, B
FY 1996.
H. Res. 208...................... H.R. 2127........................ Labor, Health, Human B
Services, Education
Appropriations, FY 1996.
H. Res. 252...................... H.R. 2546........................ District of Columbia B
Appropriations, FY 1996.
H. Res. 442...................... H.R. 3517........................ Military Construction B
Appropriations, FY 1997.
H. Res. 445...................... H.R. 3540........................ Foreign Assistance B
Appropriations, FY 1997.
H. Res. 451...................... H.R. 3603........................ Agriculture B
Appropriations, FY 1997.
H. Res. 453...................... H.R. 3610........................ Defense Appropriations, B
FY 1997.
H. Res. 455...................... H.R. 3662........................ Interior Appropriations, B
FY 1997.
H. Res. 456...................... H.R. 3666........................ VA, HUD Appropriations, B
FY 1997.
H. Res. 460...................... H.R. 3675........................ Transportation B
Appropriations, FY 1997.
H. Res. 472...................... H.R. 3755........................ Labor, Health, Human B
Services, Education
Appropriations, FY 1997.
H. Res. 473...................... H.R. 3754........................ Legislative Branch B
Appropriations, FY 1997.
H. Res. 475...................... H.R. 3756........................ Treasury, Postal B
Appropriations, FY 1997.
H. Res. 479...................... H.R. 3814........................ Commerce, Justice, B
State, Judiciary,
Appropriations, FY 1997.
H. Res. 483...................... H.R. 3816........................ Energy and Water B
Appropriations, FY 1997.
Rule XXI, clause 2(e)--Prohibiting non-emergency designated amendments to be offered to an appropriations bill
containing an emergency designation
H. Res. 115...................... H.R. 1158........................ Emergency Supplemental A
Appropriations,
Disaster Assistance
1995.
H. Res. 185...................... H.R. 1977........................ Interior Appropriations, A
FY 96.
H. Res. 187...................... H.R. 1977........................ Interior Appropriations, A
FY 96.
Rule XXI, clause 5(a)--Prohibiting appropriations in a legislative bill
H. Res. 63....................... H.R. 667......................... Violent Criminal OT
Incarceration Act of
1995.
H. Res. 69....................... H.R. 668......................... Criminal Alien OT
Deportation
Improvements Act of
1995.
H. Res. 83....................... H.R. 7........................... National Security OT
Revitalization Act.
H. Res. 101...................... H.R. 925......................... Private Property OT, A
Protection Act of 1995.
H. Res. 139...................... H.R. 1361........................ Coast Guard OT
Authorization Act, FY
1996.
H. Res. 140...................... H.R. 961......................... Clean Water Amendments OT
of 1995.
H. Res. 155...................... H.R. 1561........................ American Overseas OT
Interest Act of 1995.
H. Res. 207...................... H.R. 1555........................ Communications Act of OT
1995.
H. Res. 216...................... H.R. 1655........................ Intelligence OT
Authorization Act, FY
1996.
H. Res. 219...................... H.R. 1670........................ Federal Acquisition OT
Reform Act of 1995.
H. Res. 222...................... H.R. 1617........................ Consolidated and OT
Reformed Education,
Employment, and
Rehabilitation Systems
Act.
H. Res. 224...................... H.R. 2274........................ National Highway System OT
Designation Act of 1995.
H. Res. 259...................... H.R. 2539........................ ICC Termination Act of OT
1995.
H. Res. 426...................... H.R. 2406........................ United States Housing OT
Act of 1996.
H. Res. 427...................... H.R. 3322........................ Omnibus Civilian Science B
Authorization Act of
1995.
H. Res. 516...................... H.R. 3719........................ Small Business Programs OT
Improvement Act of 1995.
Rule XXI, clause 5(b)--Prohibiting tax or tariff provisions in a bill not reported by a committee with
jurisdiction over revenue measures
H. Res. 170...................... H.R. 1868........................ Foreign Assistance, FY B
1996.
H. Res. 437...................... H.R. 3259........................ Intelligence OT
Authorization Act, FY
1997.
H. Res. 445...................... H.R. 3540........................ Foreign Assistance, FY B
1997.
Rule XXI, clause 5(c)--Requiring a three-fifths vote on any amendment or measure containing a federal income tax
increase
H. Res. 238...................... H.R. 2425........................ Medicare Preservation B, A, CR
Act of 1995.
H. Res. 245...................... H. Con. Res. 109 and H.R. 2491... Seven Year Balanced B, A, CR
Budget Reconciliation
Act of 1995.
H. Res. 392...................... H.R. 3103........................ Health Coverage B, A, CR
Availability and
Affordability Act of
1996.
H. Res. 440...................... H.R. 3448 and H.R. 1227.......... Small Business Job B, A, CR
Protection Act and Use
of Employer Vehicles.
H. Res. 495...................... H.R. 3734........................ Personal Responsibility B, OT, A, CR
and Work Opportunity
Reconciliation Act of
1995.
Rule XXI, clause 6--Prohibiting reappropriations in a general appropriations bill
H. Res. 92....................... H.R. 889......................... Emergency Supplemental OT
Appropriations, DoD,
1995.
H. Res. 167...................... H.R. 1817........................ Military Construction B
Appropriations, FY 96.
H. Res. 169...................... H.R. 1854........................ Legislative Branch B
Appropriations, FY 96.
H. Res. 170...................... H.R. 1868........................ Foreign Assistance B
Appropriations, FY 96.
H. Res. 171...................... H.R. 1905........................ Energy and Water B
Appropriations, FY 96.
H. Res. 185...................... H.R. 1977........................ Interior Appropriations, B
FY 96.
H. Res. 187...................... H.R. 1977........................ Interior Appropriations, B
FY 96.
H. Res. 188...................... H.R. 1976........................ Agriculture B
Appropriations, FY 1996.
H. Res. 190...................... H.R. 2020........................ Treasury, Postal Service B
Appropriations, FY 1996.
H. Res. 194...................... H.R. 2002........................ Transportation B
Appropriations, FY 1996.
H. Res. 198...................... H.R. 2076........................ Commerce, Justice, B
State, Judiciary
Appropriations, FY 1996.
H. Res. 201...................... H.R. 2099........................ VA, HUD Appropriations, B
FY 1996.
H. Res. 205...................... H.R. 2126........................ Defense Appropriations, B
FY 1996.
H. Res. 208...................... H.R. 2127........................ Labor, Health, Human B
Services, Education
Appropriations FY 1996.
H. Res. 252...................... H.R. 2546........................ District of Columbia B
Appropriations, FY 1996.
H. Res. 442...................... H.R. 3517........................ Military Construction B
Appropriations, FY 1997.
H. Res. 445...................... H.R. 3540........................ Foreign Assistance B
Appropriations, FY 1997.
H. Res. 451...................... H.R. 3603........................ Agriculture B
Appropriations, FY 1997.
H. Res. 453...................... H.R. 3610........................ Defense Appropriations, B
FY 1997.
H. Res. 455...................... H.R. 3662........................ Interior Appropriations, B
FY 1997.
H. Res. 456...................... H.R. 3666........................ VA, HUD Appropriations, B
FY 1997.
H. Res. 460...................... H.R. 3675........................ Transportation B
Appropriations, FY 1997.
H. Res. 472...................... H.R. 3755........................ Labor, Health, Human B
Services, Education,
Appropriations, FY 1997.
H. Res. 475...................... H.R. 3756........................ Treasury, Postal B
Appropriations, FY 1997.
H. Res. 479...................... H.R. 3814........................ Commerce, Justice, B
State, Judiciary
Appropriations, FY 1997.
H. Res. 483...................... H.R. 3816........................ Energy and Water B
Appropriations, FY 1997.
Rule XXI, clause 7--Requiring relevant printed hearings and reports to be available for three days prior to
consideration of a general appropriation bill
H. Res. 205...................... H.R. 2126........................ Defense Appropriations, B
FY 1996.
H. Res. 442...................... H.R. 3517........................ Military Construction B
Appropriations, FY 1997.
H. Res. 445...................... H.R. 3540........................ Foreign Assistance B
Appropriations, FY 1996.
H. Res. 451...................... H.R. 3603........................ Agriculture B
Appropriations, FY 1997.
H. Res. 453...................... H.R. 3610........................ Defense Appropriations, B
FY 1997.
H. Res. 455...................... H.R. 3662........................ Interior Appropriations, B
FY 1997.
H. Res. 456...................... H.R. 3666........................ VA, HUD Appropriations, B
FY 1997.
H. Res. 472...................... H.R. 3755........................ Labor, Health, Human B
Services, Education
Appropriations, FY 1997.
H. Res. 473...................... H.R. 3754........................ Legislative Branch B
Appropriations, FY 1997.
H. Res. 479...................... H.R. 3814........................ Commerce, Justice, B
State, Judiciary
Appropriations, FY 1997.
Rule XXIII, clause 5(c)--Preserving the admissibility of certain motions to strike absent specific language in
the rule governing consideration
H. Res. 366...................... H.R. 2854........................ Agriculture Market A
Transition Act.
Rule XLIX--Establishing a statutory limit on the public debt
H. Res. 149...................... H. Con. Res. 67.................. Concurrent Resolution on B
the Budget for FY 1996.
H. Res. 435...................... H. Con. Res. 178................. Concurrent Resolution on B
the Budget for FY 1997.
7. waivers of the budget act (except for Unfunded Mandate Point of
Order)
The following compilation identifies the sections of the
Budget Act which were waived in specific resolutions, the
provisions to which the waivers applied, and the legislation
which required the waiver. There is also an indication whether
the rule was waived against the bill and/or original text (B/
OT), an amendment (A), a motion (M), or a conference report
(CR). Bills marked with an (*) did not specify the subsection
waived.
Section 302(c) of the Congressional Budget Act--Prohibiting consideration of a committee's legislation providing
new budget authority, entitlement authority, or credit authority until that committee has filed its Section
302(b) report
H. Res. 451...................... H.R. 3603........................ Agriculture B
Appropriations, FY 1997.
H. Res. 453...................... H.R. 3610........................ Defense Appropriations, B
FY 1997.
Section 302(f) of the Congressional Budget Act--Prohibiting consideration of legislation providing budget
authority, new entitlement authority, or new credit authority in excess of a subcommittee's 302(b) allocation
of such authority
H. Res. 69....................... H.R. 668......................... Criminal Alien B
Deportation Improvements
Act of 1995.
H. Res. 101...................... H.R. 925......................... Private Property B, OT
Protection Act of 1995.
H. Res. 139...................... H.R. 1361........................ Coast Guard Authorization B, OT
Act, FY 1996.
H. Res. 140...................... H.R. 961......................... Clean Water Amendments of B, OT
1995.
H. Res. 155...................... H.R. 1561........................ American Overseas B, OT
Interests Act of 1995.
H. Res. 169...................... H.R. 1854........................ Legislative Branch B
Appropriations, FY 1996.
H. Res. 185...................... H.R. 1977........................ Interior Appropriations, B
FY 1996.
H. Res. 187...................... H.R. 1977........................ Interior Appropriations, B
FY 1996.
H. Res. 207...................... H.R. 1555........................ Communications Act of B, OT
1995.
H. Res. 216...................... H.R. 1655........................ Intelligence B, OT
Authorization Act, FY
1996.
H. Res. 219...................... H.R. 1670........................ Federal Acquisition B, OT
Reform Act of 1995.
H. Res. 222...................... H.R. 1617........................ Consolidated and Reformed OT
Education, Employment,
and Rehabilitation
Systems (CAREERS) Act.
H. Res. 224...................... H.R. 2274........................ National Highway System B, OT
Designation Act of 1995.
H. Res. 259...................... H.R. 2539........................ ICC Termination Act of B, OT
1995.
H. Res. 303...................... H.R. 1745........................ Utah Public Lands B, OT
Management Act of 1995.
H. Res. 437...................... H.R. 3259........................ Intelligence B, OT
Authorization, FY 1997.
H. Res. 456...................... H.R. 3666........................ VA, HUD Appropriations, B
FY 1997.
H. Res. 472*..................... H.R. 3755........................ Labor, Health, Human B
Services, Education
Appropriations, FY 1997.
H. Res. 473*..................... H.R. 3754........................ Legislative Branch B
Appropriations, FY 1997.
H. Res. 475...................... H.R. 3756........................ Treasury, Postal B
Appropriations, FY 1997.
Section 303(a) of the Congressional Budget Act--Prohibiting consideration of legislation, as reported, providing
new budget authority, change in revenues, change in public debt, new entitlement authority, or new credit
authority for a fiscal year until the budget resolution for that year has been agreed to
H. Res. 69....................... H.R. 668......................... Criminal Alien B
Deportation Improvements
Act of 1995.
H. Res. 155...................... H.R. 1561........................ American Overseas B, OT
Interests Act of 1995.
Section 306 of the Congressional Budget Act--Prohibiting consideration of legislation within the Budget
Committee's jurisdiction, unless reported by the Budget Committee
H. Res. 185...................... H.R. 1977........................ Interior Appropriations, B
FY 1996.
H. Res. 187...................... H.R. 1977........................ Interior Appropriations, B
FY 1996.
H. Res. 205...................... H.R. 2126........................ Defense Appropriations, B
FY 1996.
Section 308(a) of the Congressional Budget Act--Requiring a Congressional Budget Office cost estimate in the
committee report on any legislation containing new budget authority, new spending authority, new credit
authority or a change in revenues
H. Res. 101...................... H.R. 925......................... Private Property B
Protection Act of 1995.
H. Res. 139...................... H.R. 1361........................ Coast Guard Authorization B
Act, FY 1996.
H. Res. 155...................... H.R. 1561........................ American Overseas B
Interests Act of 1995.
H. Res. 169...................... H.R. 1854........................ Legislative Branch B
Appropriations, FY 1996.
H. Res. 185...................... H.R. 1977........................ Interior Appropriations, B
FY 1996.
H. Res. 187...................... H.R. 1977........................ Interior Appropriations, B
FY 1996.
H. Res. 216...................... H.R. 1655........................ Intelligence B
Authorization Act, FY
1996.
H. Res. 219...................... H.R. 1670........................ Federal Acquisition B
Reform Act of 1995.
H. Res. 259...................... H.R. 2539........................ ICC Termination Act of B
1995.
H. Res. 437...................... H.R. 3259........................ Intelligence B
Authorization for FY
1997.
H. Res. 472*..................... H.R. 3755........................ Labor, Health, Human B
Services, Education
Appropriations, FY 1997.
H. Res. 473*..................... H.R. 3754........................ Legislative Branch B
Appropriations, FY 1997.
H. Res. 475...................... H.R. 3756........................ Treasury, Postal B
Appropriations, FY 1997.
Section 311(a) of the Congressional Budget Act--Prohibiting consideration of legislation or an amendment that
would cause the total level of new budget authority or outlays in the most recent budget resolution to be
exceeded, or would cause revenues to be less
H. Res. 101...................... H.R. 925......................... Private Property B, OT
Protection Act of 1995.
H. Res. 303...................... H.R. 1745........................ Utah Public Lands B, OT
Management Act of 1995.
Section 401(a) of the Congressional Budet Act--Prohibiting consideration of legislation, as reported, providing
new contract authority or new borrowing authority that is not limited to amounts provided in appropriation acts
H. Res. 194...................... H.R. 2002........................ Transportation B
Appropriations, FY 1996.
H. Res. 437...................... H.R. 3259........................ Intelligence B, OT
Authorization for FY
1997.
H. Res. 460...................... H.R. 3675........................ Transportation B
Appropriations, FY 1997.
Section 401(b) of the Congressional Budget Act--Prohibiting consideration of legislation providing new
entitlement authority which becomes effective during the fiscal year which ends in the calendar year in which
the bill is reported
H. Res. 101...................... H.R. 925......................... Private Property B, OT
Protection Act of 1995.
H. Res. 139...................... H.R. 1361........................ Coast Guard Authorization B, OT
Act for FY 1996.
H. Res. 216...................... H.R. 1655........................ Intelligence B, OT
Authorization Act for FY
1996.
H. Res. 222...................... H.R. 1617........................ Consolidated and Reformed OT
Education, Employment,
and Rehabilitation
Systems (CAREERS) Act.
H. Res. 475...................... H.R. 3756........................ Treasury, Postal B
Appropriations, FY 1997.
Section 402(a) of the Congressional Budget Act--Prohibiting consideration of legislation, as reported, providing
new credit authority that is not limited to amounts provided in appropriation acts
H. Res. 155...................... H.R. 1561........................ American Overseas B, OT
Interests Act of 1995.
8. WAIVERS OF UNFUNDED MANDATE POINTS OF ORDER
Sec. 107(b) of Public Law 104-4; 109 Stat. 63, the Unfunded
Mandates Reform Act of 1995, requires the Committee on Rules to
include in its activity report a separate item identifying all
waivers of points of order relating to Federal mandates, listed
by bill or joint resolution and subject matter.
The Committee is pleased to note that it can find no
specific instance of waivers of points of order relating to
Federal mandates in the time the Unfunded Mandates Law has been
in effect. The Rules Committee, on a number of occasions, has
waived all points of order against certain measures, and those
waivers are detailed in Section III, B, 9 of this activity
report.
The Unfunded Mandates Law was designed to provide
information to the Congress and the public about Federal
mandates that may be contained in legislation. In this regard,
the law established points of order against legislation
containing unfunded mandates as defined in Sec. 425 of the
Congressional Budget Act. Specifically, the section prohibits
the consideration of any measure containing a private sector
mandate costing in excess of $100 million in any year unless
identified by a CBO statement in the report. And it prohibits
the consideration of any measure, amendment, motion or
conference report containing an unfunded intergovernmental
mandate. The law further prohibits the Committee on Rules from
waiving these points of order at Sec. 426. A point of order
made against either an unfunded intergovernmental mandate or a
rule waiving the mandate points of order triggers a 20 minute
debate and a vote on whether to consider the measure or rule.
In several prominent instances, the Committee on Rules
specifically did not waive the unfunded mandates points of
order established by the law. Where a question had been raised
as to whether an unfunded mandate may exist in a particular
piece of legislation, the Committee was careful to allow
Members of the House an opportunity to raise a point of order
and consider it on the House floor. In these cases, the
Committee generally waived all points of order except those
arising under Sec. 425 of the Congressional Budget Act.
Special rules which waived all points of order except those
arising under Section 425(a) of the Congressional Budget Act
(Unfunded Mandates Reform) against consideration of the
legislation:
H. Res. 384............................ H.R. 2202.............................. Immigration in the National
Interest Act.
H. Res. 391............................ H.R. 3136.............................. Contract With America
Advancement Act of 1996.
H. Res. 392............................ H.R. 3103.............................. Health Coverage Availability
and Affordability Act of
1996.
H. Res. 440............................ H.R. 3448/H.R. 1227.................... Small Business Job Protection
Act and Use of Employer
Vehicles, including
Amendments thereto (minimum
wage).
9. waiving all points of order
H. Res. 88....................... H.R. 831......................... Permanent Extention of B/OT, A
Deduction for Health
Insurance Costs of Self-
Employed Individuals.
H. Res. 101...................... H.R. 925......................... Private Property ...............
Protection Act of 1995.
H.R. 9........................... Job Creation and Wage B, M
Enhancement Act.
H. Res. 119...................... H.R. 4........................... Personal Responsibility A
Act of 1995.
H. Res. 121...................... H.R. 831......................... Conference Report on the CR
Permanent Extention of
Deduction for Health
Insurance Costs of Self-
Employed Individuals.
H. Res. 128...................... H.R. 1215........................ Contract with America Tax B/OT, A
Relief Act of 1995.
H. Res. 129...................... H.R. 889......................... Conference Report Making CR
Emergency Supplemental
Appropriations for the
Department of Defense,
FY 95.
H. Res. 130...................... H.R. 483......................... Medicare Select Extension B
H. Res. 147...................... S. 4............................. Line Item Veto........... B, M
H. Res. 148...................... S. 219........................... Regulatory Transition Act B, M
of 1995.
H. Res. 149...................... H.Con.Res. 67.................... Concurrent Resolution on B, A
the Budget, FY 96.
H. Res. 151...................... H.R. 1158........................ Conference Report Making CR
Emergency Supplemental
Appropriations For
Disaster Assistance and
Making Recissions, FY 95.
H. Res. 164...................... H.R. 1530........................ National Defense B/OT, A, (en
Authorization Act, FY 96. bloc) A
H. Res. 169...................... H.R. 1854........................ Legislative Branch A
Appropriations, FY96.
H. Res. 170...................... H.R. 1868........................ Foreign Operations A
Appropriations, FY96.
H. Res. 171...................... H.R. 1905........................ Energy and Water A
Appropriations, FY96.
H. Res. 175...................... H. Con. Res. 67.................. Conference Report on the CR
Concurrent Resolution on
the Budget, FY 96.
H. Res. 176...................... H.R. 1944........................ Making Emergency A
Supplemental
Appropriations, Disaster
Assistance, FY 95.
H. Res. 177...................... H.R. 1868........................ Foreign Operations A
Appropriations, FY 96.
H. Res. 179...................... S. Con. Res. 20.................. Adjournment Resolution B
for Independence Day
District Work Period,
1995.
H. Res. 180...................... H.R. 483......................... Conference Report on CR
Extention of Medicare
Select Policies.
H. Res. 185...................... H.R. 1977........................ Interior Appropriations, A
FY 96.
H. Res. 187...................... H.R. 1977........................ Interior Appropriations, A
FY 96.
H. Res. 194...................... H.R. 2002........................ Transportation A
Appropriations, FY 96.
H. Res. 197...................... H.R. 70.......................... Exports of Alaskan North
Slope Oil.
S. 395........................... Exports of Alaskan North B
Slope Oil.
H. Res. 201...................... H.R. 2099........................ VA, HUD Appropriations, A
FY 96.
H. Res. 206...................... H.R. 1854........................ Conference Report on the CR
Legislative Branch
Appropriations, FY 96.
H. Res. 207...................... H.R. 1555........................ Communications Act of A
1995.
S. 652........................... Telecommunications Act of B, M
1995.
H. Res. 208...................... H.R. 2127........................ Labor, Health, Human A
Services, and Education
Appropriations for FY 96.
H. Res. 222...................... H.R. 1617........................ Consolidated and Reformed A
Education Employment and
Rehabilitation Act.
H. Res. 223...................... H.R. 1817........................ Conference Report on the CR
Military Construction
Appropriations, FY 96.
H. Res. 224...................... H.R. 2274........................ National Highway System A
Designation Act of 1995.
H. Res. 230...................... H.J. Res. 108.................... Making Continuing B
Appropriations, FY 96.
H. Res. 231...................... H.R. 1977........................ Conference Report on the CR
Interior Appropriations,
FY 96.
H. Res. 232...................... H.R. 2126........................ Conference Report on the CR
Defense Appropriations,
FY 96.
H. Res. 235...................... H.R. 1976........................ Conference Report on the CR
Agriculture
Appropriations, FY 96.
H. Res. 237...................... H.R. 2259........................ Disapproving of Certain ...............
Sentencing Guidlines
Amendments.
S. 1254.......................... Disapproving of Certain B, M
Sentencing Guidlines
Amendments.
H. Res. 238...................... H.R. 2425........................ Medicare Preservation Act B/OT, A
of 1995.
H. Res. 241...................... H.R. 2002........................ Conference Report on the CR
Transportation
Appropriations, FY 96.
H. Res. 245...................... H. Con. Res. 109................. Social Security Earnings ...............
Test Reform.
H.R. 2491........................ Seven Year Balanced OT, A
Budget Reconciliation
Act of 1995.
H. Res. 248...................... H.R. 1905........................ Conference Report on the CR
Energy and Water
Appropriations, FY 96.
H. Res. 249...................... H.R. 1868........................ Conference Report on the CR, M
Foreign Operations
Appropriations, FY 96.
H. Res. 252...................... H.R. 2456........................ District of Columbia B, A
Appropriations, FY 96.
H. Res. 253...................... H.R. 1977........................ Conference Report on the CR
Interior Appropriations,
FY 96.
H. Res. 256...................... S. 395........................... Conference Report on the CR
Alaska Power
Administration Sale Act.
H. Res. 257...................... H.J. Res. 115.................... Making Further Continuing B
Appropriations, FY 96.
H. Res. 258...................... H.R. 2586........................ Temporary Increase in the B
Public Debt Limit.
H. Res. 261...................... H.J. Res. 115.................... Further Continuing B, M
Appropriations, FY 96.
H. Res. 262...................... H.R. 2586........................ Temporary Increase in the B, M
Public Debt Limit.
H. Res. 267...................... H.R. 2020........................ Conference Report on the CR
Treasury, Postal
Appropriations, FY 96.
H. Res. 268...................... H.Res. 250....................... Amending the Rules of the B, A
House to Provide for
Gift Reform.
H. Res. 269...................... H.R. 2564........................ Lobby Disclosure Act of A
1995.
S. 1060.......................... Lobby Disclosure Act of B
1995.
H. Res. 270...................... H.J. Res. 122.................... Making Further Continuing B
Appropriations, FY 96.
H. Res. 271...................... H.R. 2126........................ Conference Report on the CR
Defense Appropriations,
FY 96.
H. Res. 272...................... H.R. 2491........................ Conference Report on the CR
Balanced Budget Act of
1995.
H. Res. 273...................... H.R. 2606........................ Prohibition on Use of B
Funds for Bosnia
Deployment.
H. Res. 279...................... H.R. 2491........................ Conference Report on the B/OT, M
Seven Year Balanced
Budget Act of 1995.
H. Res. 280...................... H.R. 2099........................ Conference Report on the CR
VA, HUD Appropriations,
FY 96.
H. Res. 284...................... H.R. 1788........................ Amtrak Reform and B/OT, A
Privatization Act of
1995.
H. Res. 287...................... H.R. 1350........................ Maritime Security Act of A
1995.
H. Res. 289...................... H.R. 2076........................ Conference Report on the CR
Commerce, Justice, State
Appropriations, FY 96.
H. Res. 290...................... H.R. 1058........................ Conference Report on the CR
Securities Litigation
Reform Act of 1995.
H. Res. 291...................... H.R. 2099........................ Conference Report on the CR, M
VA, HUD Appropriations
for FY, 96.
H. Res. 296...................... H.R. 1868........................ Conference Report on the M
Foreign Operations
Appropriations, FY 96.
H. Res. 301...................... H.R. 1977........................ Conference Report on the CR
Interior Appropriations,
FY 96.
H. Res. 307...................... H.R. 1530........................ Conference Report on the CR
Defense Appropriations,
FY 96.
H. Res. 309...................... H. Con. Res. 122................. Revised Budget Resolution B
H. Res. 312...................... H.R. 2539........................ Conference Report on the CR
ICC Termination Act of
1995.
H. Res. 318...................... H.R. 1655........................ Conference Report on the CR
Intelligence
Authorization, FY 96.
H. Res. 319...................... H.R. 4........................... Conference Report on the CR
Personal Responsibility
Act of 1995.
H. Res. 322...................... H. Res. 299...................... Amending House Rules M
Reagrding Outside Income.
H. Res. 334...................... H.R. 1643........................ Most Favored Nation M
Treatment for Bulgaria.
H. Res. 340...................... S. 1124.......................... Conference Report on the CR
Defense Authorization
Act of 1996.
H. Res. 351...................... H.R. 2546........................ Conference Report on the CR
District of Columbia
Appropriations, FY 96.
H. Res. 353...................... S. 652........................... Conference Report on the CR
Telecommunications Act
of 1996.
H. Res. 366...................... H.R. 2854........................ The Agricultural Market B/OT, A
Transition Act.
H. Res. 370...................... H.R. 927......................... Conference Report on the CR
Cuban Liberty and
Democratic Solidarity
Act of 1995.
H. Res. 372...................... H.R. 3019........................ Balanced Budget A
Downpayment Act II.
H. Res. 375...................... H.R. 1561........................ Foreign Relations CR
Authorization Act for FY
96 and FY 97.
H. Res. 380...................... H.R. 2703........................ The Effective Death A
Penalty and Public
Safety Act of 1996.
H. Res. 384...................... H.R. 2202........................ Immigration in the B, A
National Interest Act.
H. Res. 391...................... H.R. 3136........................ Contract with America B
Advancement Act.
H. Res. 392...................... H.R. 3103........................ Health Coverage OT, A
Availability &
Affordability Act of
1996.
H. Res. 393...................... H.R. 2854........................ Conference Report on the CR
Federal Agricultural
Improvement and Reform
Act of 1996.
H. Res. 394...................... H.R. 956......................... Conference Report on the CR
Common Sense Product
Liability Legal Reform
Act of 1996.
H. Res. 395...................... H.J. Res. 159.................... Tax Limitation B
Constitutional Amendment.
H. Res. 405...................... S. 735........................... Conference Report on the CR
Terrorism Prevention Act.
H. Res. 415...................... H.R. 3019........................ Conference Report on the CR
Balanced Budget
Downpayment Act II.
H. Res. 426...................... H.R. 2406........................ United States Housing Act A, M
of 1996.
H. Res. 428...................... H.R. 3286........................ Adoption Promotion and B/OT
Stability Act of 1996.
H. Res. 430...................... H.R. 3230........................ Defense Authorization Act B/OT, A
of FY 97.
H. Res. 435...................... H. Con. Res. 178................. Concurrent Resolution on A
the Budget, FY 97.
H.Res. 436....................... H.R. 3415........................ Repeal of 4.3 cent B/OT
Increase in
Transportation Fuels Tax.
H. Res. 438...................... H.R. 3144........................ The Defend America Act of B/OT, A
1996.
H. Res. 440...................... H.R. 3448........................ Small Business Job B/OT
Protection Act.
H.R. 1227........................ Commuting Flexibility Act B/OT, A
H. Res. 448...................... H.R. 2754........................ Shipbuilding Trade B/OT, A
Agreement Act.
H. Res. 450...................... H. Con. Res. 178................. Conference Report on the CR
Concurrent Resolution on
the Budget, FY 97.
H. Res. 453...................... H.R. 3610........................ Defense Appropriations, A
FY 97.
H. Res. 463...................... H.J. Res. 182.................... Regarding the People's B
Republic of China.
H. Res. 465...................... H.Con. Res. 192.................. Adjournment Resolution B
for Independence Day
District Work Period,
1996.
H. Res. 473...................... H.R. 3754........................ Legislative Branch A
Appropriations, FY 97.
H. Res. 474...................... H.R. 3396........................ The Defense of Marriage A
Act.
H. Res. 475...................... H.R. 3756........................ Treasury, Postal A
Appropriations, FY 97.
H. Res. 479...................... H.R. 3814........................ Commerce, Justice, State A
Appropriations, FY 97.
H. Res. 481...................... H.R. 3820........................ Campaign Finance Reform A
Act of 1996.
H. Res. 482...................... H.R. 3734........................ The Personal B/OT, A
Responsibility Act of
1996.
H. Res. 495...................... H.R. 3734........................ Conference Report on the CR
Personal Responsibility
and Work Opportunity
Reconciliation Act of
1996.
H. Res. 496...................... H.R. 3603........................ Conference Report on the CR
Agriculture
Appropriation, FY 97.
H. Res. 497...................... H.R. 3517........................ Conference Report on the CR
Military Construction
Appropriation, FY 97.
H. Res. 498...................... H.R. 3230........................ Conference Report on the CR
Defense Appropriation,
FY 97.
H. Res. 499...................... H.R. 123......................... English Language A
Empowerment Act of 1996.
H. Res. 502...................... H.R. 3103........................ Conference Report on the CR
Health Insurance
Portability and
Accountability Act of
1996.
H. Res. 503...................... H.R. 3448........................ Conference Report on the CR
Small Business Job
Protection Act of 1996.
H. Res. 507...................... S. 1316.......................... Conference Report on the CR
Safe Drinking Water Act.
H. Res. 522...................... H.R. 3675........................ Conference Report on the CR
Transportation
Appropriation, FY 97.
H. Res. 528...................... H.R. 2202........................ Conference Report on the CR
Illegal Immigration
Reform and Immigrant
Responsibility Act of
1996.
H. Res. 529...................... H.R. 3259........................ Conference Report on the CR
Intelligence
Authorization Act of
1997.
H. Res. 536...................... H.R. 1296........................ Conference Report on the CR
Omnibus Parks and Public
Lands Management Act of
1996.
H. Res. 540...................... H.R. 3539........................ Conference Report on the CR
Federal Aviation
Authorization Act of
1996.
C. Original Jurisdiction Matter
The following is a list of original jurisdiction measures
which were considered by the Committee during the 104th
Congress. The list identifies the measures by number and title
or subject and includes the action and date the action was
taken by the Committee and by the House.
----------------------------------------------------------------------------------------------------------------
Bill Title Reported Status
----------------------------------------------------------------------------------------------------------------
1. H. Res. 43........................ Regarding Committee Resolution reported 1/ Passed House 1/31/95
Hearing Schedules. 26/95.
2. H. Res. 168....................... To Establish a Resolution reported 6/ Passed House 6/20/95
Corrections Calendar. 16/95.
3. H. Res. 250....................... Amending the Rules of Resolution reported 11/ Passed House 11/16/95
the House to provide 14/95.
for gift reform.
4. H. Res. 254....................... Making Technical Resolution reported 11/ Passed House 11/30/95
Corrections. 14/95.
5. H. Res. 299....................... Amending the Rules of Resolution reported 12/ Passed House 12/22/95
the House Regarding 21/95.
Book Contracts.
6. H. Res. 369....................... Provide the Committee Resolution reported 6/6/ Passed House 3/7/96
on Government Reform 96.
and Oversight Special
Authority to Take
Testimony RE: White
HouseTravel Office.
7. H. Res. 416....................... Establishing a select Resolution reported 5/2/ Passed House 5/8/96
subcommittee of the 96.
Committee on
International
Relations to
investigate the U.S.
role in Iranian arms
transfer to Croatia
and Bosnia.
8. H.R. 5............................ Unfunded Mandate Reform Bill reported 1/12/95.. Passed House 2/1/95
9. H.R. 1162......................... Deficit Reduction Lock Bill reported 7/20/95.. Passed house 9/13/95
Box.
10. H.R. 2........................... Legislative Line Item Bill reported 1/26/95.. Passed House 2/6/95
Veto Act.
11. H.R. 3024........................ Puerto Rico self- Bill reported 9/18/96.. Pending
government.
----------------------------------------------------------------------------------------------------------------
2. Original Jurisdiction Measures Reported or Discharged
a. Committee hearing schedules (H. Res. 43)
In the first session of the 104th Congress, the Committee
on Rules considered a House rules change which clarified the
longstanding practice of the House in the area of committee
hearing scheduling. The Committee was successful in fashioning
a bipartisan compromise text and passing the measure on the
House floor as well.
In the initial weeks of the 104th Congress, a parliamentary
question arose as to the literal meaning of clause 2(g)(3) of
rule XI, which requires that each committee call hearings at
least a week in advance unless the committee determines there
is good cause to schedule them sooner. The House
Parliamentarian confirmed that use of the term ``committee'' in
the rule implies that the committee must act as a collegial
body to ratify the call and scheduling of hearings. The
longstanding practice of the House, in the view of many Members
and the Parliamentarian, has been for Members to defer to the
chairmen of committees and subcommittees on the question of
setting dates for committee hearings.
As a result of a point of order raised against a particular
hearing that was overruled by a committee chairman and the
understanding of the Parliamentarian's ruling, the schedules of
committees and the House were thrown into a state of
uncertainty. Because of the ambitious legislative agenda in the
opening weeks of the 104th Congress, the Committee on Rules
began an immediate examination of the rule and its
interpretation, and possible solutions.
On January 23, 1995, Rules Chairman Solomon introduced H.
Res. 43, a resolution amending House rules to permit chairmen
to call hearings at least a week in advance unless the chairmen
determine there is good cause to hold them sooner. On January
26, 1995, the Rules Committee met to consider H. Res. 43 as a
matter of original jurisdiction and, after discussion, ordered
the resolution reported to the House by voice vote.
The report to accompany H. Res. 43 (House Report 104-5),
filed on January 27, 1995, stated that the current
interpretation of House rules regarding committee hearing
schedules left committee chairmen in an untenable position. The
report asserted that ``many chairmen may find it more
convenient not to hold hearings than to risk points of order
that will stop the hearing in their tracks or will imperil the
future consideration of legislation by the House.'' In the
interest of providing the maximum amount of information to the
House and the public about pending legislation in committees,
the Rules Committee recommended the rule change contained in H.
Res. 43.
The Minority Views included in House Report 104-5 agreed
that the parliamentary interpretation of the standing rule did
not conform to the longstanding practice of committee chairmen
in the House. However, the minority members of the Rules
Committee expressed concern that H. Res. 43 would allow
chairmen alone to determine whether there is good cause to hold
a hearing sooner than with seven days notice. The minority
report went on to state that while the rule should be corrected
to reflect the common practice of scheduling hearings, it
``should not enhance the power of the chair.''
House resolutions amending the standing rules and reported
by the Committee on Rules are typically privileged for
consideration on the House floor and are not subject to
amendment. However, because of the concerns of the minority
members of the Rules Committee and several other ranking
minority members on other House committees, the Rules Committee
reported an open rule by voice vote on January 27, 1995 (H.
Res. 47; House Report 104-6).
Prior to floor consideration of H. Res. 43, Chairman
Solomon invited Rules Ranking Member Moakley and several other
ranking members of committees to a meeting to discuss their
concerns. Based on that meeting, Chairman Solomon crafted an
amendment to the reported resolution which addressed the
concerns of the minority.
On January 31, 1995, Chairman Solomon called up H. Res. 43
and asked for its immediate consideration in the House. At the
appropriate point, Chairman Solomon offered an amendment to the
resolution that would permit a chairman to call hearings a week
in advance, and permit the chairman, with the concurrence of
the ranking minority member, or by vote of the committee, to
call them sooner for good cause. The compromise amendment was
agreed to by voice vote, and the resolution, as amended, was
agreed to by voice vote. H. Res. 47 was subsequently laid on
the table.
b. Unfunded Mandates Reform Act (H.R. 5)
H.R. 5 was one of the key measures included in the
Republican ``Contract With America.'' It was introduced on
January 4, 1995, by Representatives William Clinger (R-PA), Rob
Portman (R-OH), Thomas Davis (R-VA) and Gary Condit (D-CA) to
make Congress more accountable when imposing new Federal
mandates on States, local governments, and tribal governments
without providing adequate funding to comply with such
mandates. Specifically, the bill sought to curb the practice of
imposing unfunded Federal mandates on States and local
governments, ensure that the Federal Government pays the costs
incurred by those governments in complying with certain
requirements under Federal statutes and regulations, and
provide information on the cost of Federal mandates on the
private sector
H.R. 5 was referred to the Committee on Government Reform
and Oversight, and sequentially to the Committees on Rules, the
Budget, and the Judiciary. The jurisdiction of the Rules
Committee was limited to Title III, Section 301 (amendments to
the Budget Act at Sections 424 c and d, Section 425, and
Section 426), Section 302 (amending House rules XI and XXIII),
and Section 303 (exercise of rulemaking powers).
The Rules Committee held a briefing for Members and staff
on January 5, 1995, in which Mr. James L. Blum, Deputy Director
of the Congressional Budget Office, and Mr. Stanley Bach, a
Senior Specialist in American National Government with the
Congressional Research Service, described the provisions of
H.R. 5 and the implications of the legislation with respect to
the CBO and the various congressional committees.
On January 11, 1995, the Rules Committee held an open
hearing on H.R. 5. The Committee heard from two panels.
Witnesses on the first panel consisted of the Hon. William
Clinger (R-PA), the Hon. Rob Portman (R-OH), the Hon. Thomas
Davis (R-VA), and the Hon. Gary Condit (D-CA). Witnesses on the
second panel consisted of: Ms. Nancy Donaldson, Director of
Political Affairs, Service Employees International Union; Mr.
Jim St. George, Assistant Director of State Fiscal Projects,
Center for Budget Priorities; and Greg Wetstone, Director of
Legislation, Natural Resources Defense Council.
On January 10, 1995, H.R. 5 was ordered reported by the
Committee on Government Reform and Oversight, with amendments
to those sections within that committee's jurisdiction (House
Report 104-1, Part II). On January 12, 1995, the Committee on
Rules met to mark up H.R. 5 and ordered the measure reported
with amendments to those sections within the committee's
jurisdiction by a record vote of 9 to 4 (House Report 104-1,
Part I). The Committee on the Budget and the Committee on the
Judiciary were both discharged from consideration of H.R. 5.
On January 18, 1995, the Committee on Rules, by a recorded
vote of 8 to 3, granted an open rule for the consideration of
H.R. 5 in the House. It provided for two hours of general
debate, divided between the Committees on Government Reform and
Oversight and Rules; made in order an amendment in the nature
of a substitute as original text for amendment purposes, to be
considered by title rather than section; gave priority
recognition to members who had preprinted amendments in the
Congressional Record prior to their consideration; and provided
one motion to recommit with or without instructions. The rule
was considered on the House floor on January 19, 1995, and
approved by voice vote.
On February 1, 1995, H.R. 5 passed the House by recorded
vote of 360-74. Following final passage, the House took from
the Speaker's table and moved to the consideration of S. 1, a
similar measure to H.R. 5 which passed the Senate on January
27, 1995. The House struck all after the enacting clause,
substituted the language of H.R. 5, insisted on its amendments
and requested a conference with the Senate. The Speaker
appointed Representative David Dreier and Representative Joseph
Moakley to represent the Committee on Rules in the conference
committee.
On March 13, 1995, the conference report on S. 1 was filed
in the House (House Report 104-76). The Rules Committee met on
March 15, 1996, and ordered reported by voice vote a rule
waiving all points of order against the conference report to
accompany S. 1. However, the rule was not considered in the
House because the full House agreed by unanimous consent on
March 15, 1995, to waive all points of order against the
conference report on S. 1. The Senate passed the conference
report on March 15, with House passage occurring on March 16,
1995, by a vote of 394-28. S. 1 was signed into law by the
President on March 22, 1995 (Public Law No: 104-4).
c. House Corrections Calendar (H. Res. 168)
On June 6, 1995, Representative Barbara Vucanovich
introduced H. Res. 161, a resolution to amend House rules by
abolishing the Consent Calendar of the House (Rule XIII, clause
4) and replacing it with a corrections calendar for
consideration of legislation to deal with useless and absurd
Federal rules, regulations and judicial decisions. H. Res. 161
would allow the Speaker to place reported bills on the
Corrections Calendar, and would further allow them to be called
up for consideration on the second and fourth Tuesdays of each
month subject to one hour of debate and a three-fifths vote for
passage. No amendments are in order unless recommended by the
reporting committee or offered by the chairman.
On June 13, 1995, the Committee on Rules held a hearing on
H. Res. 161 and heard testimony from members of the Steering
Group, (Representatives Vucanovich, Zeliff, and McIntosh,)
several other Members from both parties, and academic
witnesses.
The Rules Committee met to mark up H. Res. 161 on June 15,
1995. During the markup, three amendments were adopted. Since
the Committee has privilege to report, the Committee voted to
favorably report a new, privileged resolution consisting of the
text of H. Res. 161, as amended by the Committee during the
markup, and that H. Res. 161 be laid on the table. Chairman
Solomon then filed a report in the House on H. Res. 168 (House
Report 104-144) on June 16, 1995.
H. Res. 168 transformed the Consent Calendar (clause 4 of
rule XIII) into the Corrections Calendar. It further provided
the Speaker the authority to place reported bills, after
consultation with the Minority Leader, on the Corrections
Calendar. The resolution stipulated that bills must be on the
calendar for at least three legislative days before being
called up on the second and fourth Tuesdays of each month.
Bills called up on the Corrections Calendar, under H. Res. 168,
are debatable for one hour with no amendments unless
recommended by the reporting committee or offered by the
chairman. A motion to recommit with or without instructions by
the minority was allowed under H. Res. 168. Finally, a three-
fifths vote was required for passage of a Corrections Day bill.
The Minority Members of the Rules Committee filed Minority
Views to House Report 104-144 asserting that the new procedure
is both unfair to the minority and unnecessary. The minority
argued that the House employs the suspension of the rules
procedure for most noncontroversial legislation and the
Corrections Calendar would be duplicative. The minority
expressed concern that the resolution contained no clear
definition of Corrections bills, and that the minority as a
whole may be shut out of the advisory group proceedings.
On June 20, 1995, H. Res. 168 passed the House by a vote of
271-146. The Speaker announced on that day the creation of a
Corrections Day Advisory Group, to be chaired by Representative
Barbara Vucanovich and co-chaired by Representatives McIntosh
and Zeliff. The bipartisan group consisted of 12 Members,
including Rules Chairman Solomon and Representative David
Dreier. The bipartisan advisory group was charged with ushering
corrections bills through the legislative process and making a
recommendation to the Speaker as to which reported bills should
be placed on the Corrections Calendar.
d. The House Gift Rule (H. Res. 250)
The revision of the House Gift Rule was undertaken as part
of the new majority's historic efforts to make the House more
responsible and accountable to the people. H. Res. 250 responds
to the bipartisan belief that the House needed a more stringent
and more detailed policy on the acceptance of gifts by Members,
officers and employees.
H. Res. 250 was introduced by Representative Enid Waldholtz
(R-UT) and 19 bipartisan original cosponsors on October 30,
1995, and was referred to the Committee on Rules. It sought to
create a new House rule relating to the acceptance of gifts, an
internal policy matter that had previously been addressed in
clause 4 of House rule XLIII, the Code of Official Conduct.
Previous proposals on this subject introduced in the 104th
Congress took the form of amendments to House rule XLIII, and
were therefore exclusively in the jurisdiction of the Committee
on Standards of Official Conduct. However, since the leadership
had made a commitment to proceed with gift reform and the
Standards Committee intended to take no formal action, the
Rules Committee sought to expedite consideration of gift
reform. In order to avoid having an unreported measure in the
jurisdiction of the Standards Committee brought directly to the
floor, proponents of gift reform rewrote their proposals in the
form of a rules change (H. Res. 250) so that the matter would
fall within the original jurisdiction of the Committee on Rules
and an orderly, thorough legislative process could be employed.
The substance of H. Res. 250 as introduced was nearly
identical to that of S. Res. 158, which changed Senate rules to
limit the value of gifts that may be accepted by Members,
officers and employees. The Senate adopted S. Res. 158 on July
25, 1995, by a vote of 98-0. Subsequently pressure mounted from
Members and from outside groups for the House to follow suit
and address the issue.
Specifically, H. Res. 250 placed a $50 limit on the value
of individual gifts, including meals and entertainment, and
established a cumulative annual limit of $100 that may be
accepted from any one source. The cumulative annual limit
applied only to gifts whose value exceeds $10. The resolution
included additional restrictions on the acceptance of travel
associated with recreational and charity events as well as
additional disclosure requirements for travel reimbursements.
The resolution also detailed a series of exceptions to the new
rule and set an effective date of January 1, 1996. Among the
major differences between this proposal and the prior rule was
the inclusion of meals in the definition of a gift and the $10,
$50 and $100 thresholds.
Because of the broad interest in seeing this issue
addressed expeditiously, the Committee on Rules accepted the
responsibility for considering and reporting new gift rules in
the House.
In order to ensure that Members and staff had sufficient
expertise to address this technical topic, the Committee on
November 1, 1995 held a briefing featuring CRS Legislative
Attorney Jack Maskell, CRS Specialist in American National
Government Richard Sachs and Standards Committee Counsel Ellen
Weintraub.
A general hearing was held the following day, on November
2, 1995. The Committee heard testimony from 12 Members, some of
whom supported the reform proposal and others who raised
concerns about its provisions and who questioned the need for
reform. A second hearing, involving testimony from outside
witnesses and the Chairman of the Committee on Standards of
Official Conduct, was held on November 7, 1995. Chairwoman
Nancy Johnson provided the Rules Committee with her Committee's
bipartisan suggestions for technical changes to improve the
language of the resolution.
The Committee marked-up the resolution on November 14,
1995, agreeing to nine technical amendments offered by Chairman
Solomon that were based on the recommendations of the Committee
on Standards. H. Res. 250 as amended was ordered favorably
reported by the Committee by a nonrecord vote.
H. Res. 250, reported as a matter of original jurisdiction
by the Committee, was privileged for floor consideration.
However, recognizing that there was interest among the
membership in offering amendments to the resolution, the
Committee met on November 15, 1995 and, by voice vote, granted
a special rule for floor consideration (H. Res. 268). The rule
allowed for two amendments, one to be offered by Representative
Burton or his designee and one to be offered by the Speaker of
the House or his designee.
The Burton amendment attempted to change the focus of the
gift rule, focusing on full disclosure rather than prohibition.
The Gingrich amendment sought to eliminate the monetary
thresholds and several of the exceptions, having the effect of
creating a near-total gift ban.
On November 16, 1995, the date set aside for this issue by
the Majority Leader, the House took up H. Res. 250 after
adopting the rule for its consideration by voice vote. After a
lively debate, the House defeated the Burton amendment by a
vote of 154-276. Subsequently the House adopted the Gingrich
amendment, which was offered on the floor by Mr. Solomon, by a
vote of 422-8. The House passed H. Res. 250, as amended, by a
vote of 422-6.
Additional action on the gift rule occurred on November 30,
1995 during House consideration of H. Res. 254, making
technical corrections in the Rules of the House. Two exceptions
that had been deleted by passage of the Gingrich amendment were
restored to the rule and the necessary conforming changes to
rule XLIII were also made.
The new gift rule, which effectively bans gifts and
establishes new restrictions on travel and disclosure, took
effect as House rule LII on January 1, 1996.
e. Legislative line item veto (H.R. 2)
H.R. 2, the Line Item Veto Act, a key item in the Contract
With America, was introduced by Representatives Clinger, Blute,
Neumann and Parker on January 4, 1995, the opening day of the
104th Congress, with 150 cosponsors. The bill was referred to
the Committee on Government Reform and Oversight and in
addition to the Committee on Rules for a period to be
subsequently determined by the Speaker.
H.R. 2 requires that, unless the Congress acts within a
specified period to disapprove the President's rescissions,
those rescissions will automatically take effect and the
identified spending or targeted tax benefit will be canceled.
If the Congress disapproves the President's rescissions, the
President would be likely to veto that disapproval, forcing the
Congress to muster two thirds of both Houses to override that
veto. In this way, it becomes more difficult to sustain
spending or targeted tax breaks that the President has
attempted to cancel.
H.R. 2, a bipartisan bill was virtually identical to the
Solomon, line item veto substitute that was narrowly rejected
in the second session of the 103rd Congress. During the 103rd
Congress the line item veto was considered twice.
On January 24, 1995 the Rules Committee held an informal
briefing on Section 5 of H.R. 2 (which dealt with the
consideration of a disapproval bill in the House and the
Senate). Stanley Bach, senior specialist in the legislative
process at CRS, provided Members and staff with general
background and options for applying expedited procedures to
consideration of a bill to disapprove a Presidential rescission
or targeted tax break veto message.
The Rules Committee met on January 26, 1995 to mark up H.R.
2. The Committee ordered H.R. 2 reported with amendments by a
record vote of 9-4. During the markup two amendments pertaining
to expedited procedures were offered en bloc by Mr. Goss and
agreed to by voice vote. An amendment in the nature of a
substitute offered by Mr. Moakley was rejected by a record vote
of 4-9. The Moakley amendment would have required a
Congressional vote on the President's rescissions under
expedited procedures. The report was filed by Mr. Solomon on
January 27, 1995 (H. Rpt. 104-11, Part 1).
The Committee on Government Reform and Oversight held a
joint hearing with the Senate Committee on Governmental Affairs
on January 25, 1995 on the line item veto. The Government
Reform and Oversight Committee favorably reported H.R. 2, as
amended, on January 25, 1995 by a vote of 30 to 11 with one
Member voting present (H. Rpt. 104-11, Part 2).
On February 1, 1995, the Rules Committee granted an open
rule (H. Res. 55), for the consideration of H.R. 2 by the full
House. The rule was carried for the majority by Mr. Goss and by
Mr. Bielenson for the minority. H. Res. 55 was adopted by voice
vote on February 2, 1995.
After days of debate and after defeating amendments dealing
with application to tax incentives and contract authority,
expansion of the definition of targeted tax benefit, and
substitute amendments dealing with expedited rescission, the
House passed H.R. 2, as amended, by a vote of 294 to 134 on
February 6, 1995. H.R. 2 was never considered by the Senate.
However, the Senate did consider a similar bill, S. 4, the
Line Item Veto Act of 1995, introduced by Senator Dole on
January 4, 1995. The Senate passed S. 4, as amended by a vote
on 69 to 29 on March 23, 1995. The House held S. 4 at the desk
until May 17, 1995 at which time the House took up S. 4, struck
all after the enacting clause and substituted the text of H.R.
2. The Senate then disagreed to the House amendments and
requested a conference on June 20, 1995. The House agreed to a
conference on September 7, 1995. Representative Solomon and
Representative Goss were chosen as House conferees from the
Rules Committee.
S. 4, as passed by the Senate, granted the President line
item veto authority under a procedure known as ``separate
enrollment.'' Separate enrollment required the House and Senate
enrolling clerks to separately enroll each item of spending in
a separate bill, each of which are then presented to the
President for approval or disapproval individually. In
contrast, H.R. 2, as passed by the House, granted the President
line item veto authority based on the enhanced rescission
format. This procedure authorized the President to rescind all
or part of an item of discretionary budget authority or a
targeted tax benefit within established parameters. The
conference agreement more closely resembled the approach
originally taken by the House.
The conference report on S. 4 was filed in the House on
March 21, 1996. The Senate agreed to the conference report on
March 27, 1996 by a vote of 69 to 31. The House agreed to the
conference report on March 28 pursuant to the adoption of H.
Res. 391, the rule granting consideration of the H.R. 3136, the
Contract With America Advancement Act. S.4 was signed into law
on April 9, 1996, (Public Law 104-130).
f. Deficit reduction lock-box (H.R. 1162)
H.R. 1162, establishing a deficit reduction lock-box and
providing for the downward adjustment of discretionary spending
limits in appropriation bills, was introduced by Mr. Crapo of
Idaho on March 8, 1995. The Deficit Reduction Lock-Box Act of
1995 was referred to the Committee on the Budget and to the
Committees on Government Reform and Oversight and Rules for a
period to be subsequently determined by the Speaker. H.R. 1162
was referred to the Rules Subcommittee on the Legislative and
Budget Process on April 27, 1995.
The Deficit Reduction Lock-Box Act of 1995 established a
procedure to ensure that savings from cuts in Appropriation
measures during House and Senate consideration would be
captured for deficit reduction. The bill amended the
Congressional Budget Act of 1974 to establish a deficit
reduction lock-box process and provided for the downward
adjustment of the discretionary spending caps.
During both the 103rd and the 104th Congresses, bipartisan
members of Congress repeatedly sought to establish proposals to
capture savings made during the consideration ofappropriation
bills and to credit those savings toward deficit reduction. In essence
the proposal was designed to make a spending cut adopted by the House
an actual cut in spending. Specifically in the 104th Congress, the
issue arose in several contexts.
During initial House consideration of H.R. 1158, the
Emergency Supplemental Disaster Assistance and Rescissions Act
for FY 1995, the House adopted an amendment applying the net
savings in budget authority from the bill to a Deficit
Reduction Trust Fund and authorizing the Secretary of the
Treasury to use the amounts in the fund solely for the purpose
of reducing the public debt.
As passed by the House, H.R. 1158 also required the
Director of OMB to reduce discretionary spending limits by the
aggregate amount of spending reductions in the bill, including
the out-year effect of the rescissions. These provisions were
modified in conference to reflect the Senate's position and the
final conference report on H.R. 1158 included only an
authorization for the Director of OMB to adjust downward the
discretionary caps for fiscal years 1995-98. The Conference
Report on H.R. 1158 was adopted by the House on May 18, 1995
and by the Senate on May 25, 1995 but was vetoed by the
President on June 7, 1995.
On June 29, 1995, the House passed a compromise version of
the Emergency Supplemental Disaster Assistance and Rescissions
Act in the form of H.R. 1944, which included the identical
limited lock-box language that was in the vetoed bill, H.R.
1158. The Senate passed this measure on July 21, 1995 which was
signed into law on July 27, 1995 (P.L. 104-19), but without the
House lock-box provisions.
On July 11, 1995, the Rules Committee's Subcommittee on
Legislative and Budget Process held a joint subcommittee
hearing on lock-box proposals with the Government Reform and
Oversight's Subcommittee on Government Management, Information
and Technology. Witnesses testifying in favor of establishing a
lock-box process included Representative Michael Crapo (R-ID),
Representative Bill Brewster (D-OK), Representative Edward
Royce (R-CA), Representative Jane Harman (D-CA), Representative
Dick Zimmer and Representative Mark Foley (R-FL). In addition,
testimony was heard from OMB Director Alice Rivlin and CBO
Deputy Director James Blum.
The Rules Committee met on July 20, 1995 to mark up H.R.
1162. The Committee ordered H.R. 1162 favorably reported with
amendments by a voice vote. During the markup, a Chairman's
mark was offered as an amendment in the nature of a substitute
to be considered as original text for the purpose of amendment.
Seven amendments to the Chairman's mark offered by
Representative Goss, pertaining to the function of the lock-box
mechanism, tally of floor amendments on appropriations bills,
reduction of the discretionary spending caps, and technical
corrections were offered en bloc and adopted by voice vote. An
amendment pertaining to retroactive application offered by Mr.
Frost was defeated by a record vote of 29. The amendment in the
nature of a substitute, as amended, was agreed to by voice
vote. The Committee then ordered the bill to be favorably
reported to the House, with amendment, by voice vote (H. Rpt.
104-205, Part 1).
The Committee on Government Reform and Oversight took no
further action on the bill and waived their jurisdiction with
regard to any further consideration. The Committee on the
Budget waived its jurisdiction with regard to consideration of
the bill.
On August 4, 1995, the House passed by a vote of 373 to 53,
the text of H.R. 1162, as reported, as an amendment to H.R.
2127, the Labor, HHS, and Education Appropriation bill for FY
1996. Under H. Res. 208, providing for consideration of the
bill, the Rules Committee granted a waiver of clause 7 of rule
XVI (prohibiting consideration of non-germane amendments)
against an amendment by Mr. Crapo consisting of the text of
H.R. 1162. H.R. 2127 was never considered on the Senate floor
so the amendment did not proceed.
On September 12, 1995, the Rules Committee granted an open
rule (H. Res. 218) for consideration of H.R. 1162 providing one
hour of general debate equally divided and controlled by the
Chairman and ranking minority member of the Committee on Rules.
Mr. Goss carried the rule for the majority with Mr. Frost
carrying the rule for the minority. On September 13, 1995 the
rule was adopted by voice vote.
During consideration of the bill, many amendments were
debated, adopted and defeated. The amendments receiving
recorded votes were as follows. Mr. Goss offered an amendment
to retroactively apply the provisions of the bill to the fiscal
1996 Defense, Labor--HHS, and District of Columbia
Appropriations bills. This amendment sought to maximize amount
of possible savings from the FY 1996 appropriations bills
without over complicating the future consideration of the
appropriation bills which the House had already approved. Mr.
Frost of Texas sought to amend the Goss amendment to apply to
all the fiscal 1996 appropriation bills. The Frost amendment to
the Goss amendment was defeated by a vote of 204 to 221. The
Goss amendment was subsequently adopted by voice vote. The
House also rejected an amendment by Mrs. Meek of Florida which
would have prohibited any money saved through ``lock-box''
reductions in the discretionary spending caps from beings used
to offset tax cuts. This amendment was defeated by a vote of
144 to 282. H.R. 1162 was ultimately adopted by the House by a
vote of 364 to 59. H.R. 1162 was not considered by the Senate.
On March 7, 1996, the House considered H.R. 3019, the
Omnibus Appropriations Bill for FY 1996. The House again
adopted an amendment offered by Mr. Crapo (revised text of H.R.
1162) to the bill by a vote of 329 to 89. During consideration
of the bill in the Senate a Budget Act point of order was
raised against the lock-box provisions by the Chairman Dominici
(NM) of the Senate Budget Committee which was sustained by a
vote of 36 to 57. The conference report on H.R. 3019 did not
contain any lock-box language.
g. Technical corrections (H. Res. 254)
On January 4, 1995, the House of Representatives approved
H. Res. 6, adopting the Rules of the House for the 104th
Congress. That resolution implemented sweeping changes to the
rules under which the House previously operated. During the
first session of the 104th Congress, the House approved
additional changes to House rules. These included creating new
points of order, established by the Unfunded Mandates Reform
Act, which ensured that Members can have a vote on unfunded
Federal mandates contained in legislation; abolishing the
``Consent Calendar'' and establishing in its place a
``Corrections Calendar''; and establishing new rules limiting
the acceptance of gifts by Members, officers and employees of
the House.
As a result of these changes, a number of duplicative
provisions and grammatical and typographical errors needed to
be corrected to ensure that the Rules of the House reflected
the true intent of the legislation. In addition, a number of
long-standing parliamentary interpretations needed to be
clarified to ensure consistency of parliamentary practice in
the House. Rules Committee action was necessary to make these
technical corrections to the rules of the House.
On November 7, 1995, Chairman Solomon introduced H. Res.
254, making technical corrections to the Rules of the House of
Representatives. The Rules Committee met to mark up the
resolution as a matter of original jurisdiction on November 14,
1995, and after adopting two amendments, ordered the resolution
reported by voice vote. A report was filed in the House on
November 14, 1995 (House Report 104-340).
H. Res. 254 made technical and conforming changes to the
Rules of the House in the following areas: Office of the
Inspector General; Committee on National Security; Committee on
Small Business; Special oversight functions of the Committee on
Resources; Special oversight functions of the Committee on
Commerce; three-day layover for filing of supplemental,
minority, or additional views, committee reports,
appropriations hearings and reports, conference reports, and
Senate amendments to measures reported in disagreement;
committee broadcast rules; committee staff; Corrections
Calendar; privilege for measures reported by the Committee on
Ways and Means; Unfunded mandate reform; and the gift rule.
Rules Ranking Member Moakley filed Additional Views to
House Report 104-340 asserting that the United States
government is on the brink of financial collapse and shutdown
because of the Congress' failure to pass a bill to raise the
debt ceiling and a continuing resolution to keep the government
open. With this backdrop, Moakley added, ``the Republican
Leadership is correcting grammar and punctuation in the rules
of the House.'' The Minority members of the Rules Committee
filed Minority Views questioning the timing of the technical
corrections resolution, while the government faces a potential
shutdown and a potential borrowing crisis. Additionally, the
minority members argued that three other changes to House rules
at the onset of the Congress have been routinely violated and
should be addressed in this context: the three-fifths vote
requirement to pass an income tax rate increase; subcommittee
assignment limitations for Members; and the prohibition on
committees sitting while the House is considering legislation
under the five-minute rule.
Representative David Dreier, Chairman of the Rules and
Organization Subcommittee of the Rules Committee, called up H.
Res. 254 by unanimous consent on November 30, 1995.
Representative Dreier also offered an amendment to the
resolution to allow certain exemptions to the House gift rule.
The amendment exempted donations of home state products
intended primarily for promotional purposes, and items of
nominal value such as greeting cards and baseball caps. The
changes contained in this amendment were inadvertently left out
of the Gingrich-Solomon amendment to the gift ban rule change
when it was first considered on the House floor. The amendment
was agreed to by voice vote and the resolution, as amended,
passed the House by voice vote.
h. Book contracts (H. Res. 299)
As part of its disposition of specific ethics complaints,
the Committee on Standards of Official Conduct in December of
1995 announced its intention to seek a change in House Rules to
clarify the status of copyright royalties within the limits on
outside earned income. Under House rule XLVII at that time,
outside earned income was subject to a limit of $20,040 per
year, but usual and customary copyright royalties were exempted
from the definition of outside earned income.
The specific case under consideration by the Committee in
1995 led to much public comment about the adequacy of this
rule. The House Ethics Manual notes that ``House Rule 47 has
long exempted book royalties from outside earned income
restrictions, royalties being deemed a return on the author's
intellectual property, akin to other unrestricted returns on
property.'' Yet the Committee on Standards noted in its report
that the case under its consideration involved an ``original
advance [that] greatly exceeded the financial bounds of any
book contract contemplated at the time the current rules were
drafted.''
On December 12, 1995, Committee on Standards of Official
Conduct Chairwoman Nancy Johnson introduced H. Res. 299, a
proposal to revise House rule XLVII to prohibit Members,
officers and certain employees from receiving advances for
writing books and to subject copyright royalties to the earned
income cap. This resolution was introduced with the bipartisan
sponsorship of 9 of the 10 members of the Committee on
Standards and was referred exclusively to the Committee on
Rules as a matter of original jurisdiction. Chairwoman Johnson
requested expeditious consideration of the measure to allow the
House to act prior to the end of the session.
Specifically, as introduced, H. Res. 299 would amend clause
3 of rule XLVII to count copyright royalties as part of earned
income subject to the income cap of 15 percent of the Member's,
officer's or employee's salary, although works published prior
to an individual becoming a Member, officer or employee would
be grandfathered. In addition, the resolution prohibited
payments of advances to Members, officers or employees while
allowing that such advances could be made to other persons
working on their behalf (other than Congressional staff or
relatives). The provisions of the rule would apply to royalties
received after December 31, 1995.
Given the time constraints involved with completing the
business of the session, rather than proceeding with an
original jurisdiction markup of H. Res. 299, the Rules
Committee met on December 21, 1995 to consider a special rule
(H. Res. 322) providing for its consideration. As a result of
significant concerns raised by Members about the provisions of
H. Res. 299, the Rules Committee allowed for one motion to
amend the resolution to be offered by Chairman Solomon.
The Solomon substitute sought to conform House Rules to
those applicable in the Executive Branch by prohibiting
advances but allowing collection of royalties earned under a
usual and customary contract without limit. As an extra measure
to ensure compliance with those standards, it required prior
approval by the Committee on Standards for contracts entered
into on or after January 1, 1996.
The House considered H. Res. 299 under the provisions of
special rule H. Res. 322 on December 22, 1995. The rule was
adopted by a vote of 380-11. The Solomon substitute passed by a
vote of 219-174 and H. Res. 299 as amended was then approved by
a vote of 259-128.
The new provisions of House Rule XLVII took effect on
January 1, 1996.
i. Special authorities for Committee on Government Reform and Oversight
(H. Res. 369)
On February 29, 1996, Representative William F. Clinger,
Jr., chairman of the House Committee on Government Reform and
Oversight, introduced H. Res. 369 to provide his committee with
special authorities to obtain testimony for purposes of its
ongoing investigation and study of the White House Travel
Office matter. The resolution was referred exclusively to the
Committee on Rules as a matter of original jurisdiction.
The need for the resolution dated back to the firings of
seven staff members of the White House Travel Office on May 19,
1993. A subsequent White House ``management review'' resulted
in the reprimand of four White House staffers involved in the
firings on July 2, 1993. At least three other inquiries into
the firings were conducted by the Justice Department's Office
of Professional responsibility, the FBI, and the Treasury
Department's Inspector General.
During the 103rd Congress, a provision contained in a
supplemental appropriations bill called for a review of the
Travel Office matter by the General Accounting Office. Then
ranking minority member Clinger of the Government Operations
Committee issued a 71-page minority analysis of the issues
addressed by the five reports, and called for hearings on the
matter by his committee. However, no hearings were held during
the 103rd Congress.
In the 104th Congress, after months of staff interviews and
document collection, the Government Reform and Oversight
Committee began a series of hearings on October 26, 1995, on
the seven major issues left unresolved by the five reports.
Following the acquittal of Travel Office Director Billy Dale on
both charges brought against him, Chairman Clinger requested
that the public Integrity Section of the Justice Department
turn over to the committee all documents related to the
criminal prosecution for review by the Committee. Beginning in
January of 1996, the Committee proceeded with further hearings
in the issues raised. However, the Committee continued to meet
with great difficulty in obtaining necessary testimony and
information from current and former Administration officials
and private citizens linked to the Travel Office incident.
These difficulties led to the introduction of H. Res. 369
to give the committee special authorities to obtain sworn
testimony through Member or staff depositions, affidavits and
interrogatories. Such authority was needed since, under
existing House Rules, sworn testimony may only be obtained at
duly constituted committee hearings which require the presence
of at least two members as a quorum. Without the information
usually obtained through preliminary staff interviews, such
hearings are difficult if not impossible to prepare for,
leaving the committee with the trying task of attempting to
obtain the most basic information while at the same time
conducting a productive line of questioning.
On March 5, 1996, the Rules Committee heard testimony on
the resolution from Chairman Clinger and Ranking Minority
Member Cardiss Collins. Following the hearing, the Rules
Committee proceeded to markup the resolution, and after several
amendments were rejected on rollcall votes, ordered it reported
to the House by nonrecord vote, without amendment (H. Rept.
104-472). The report was filed on March 6, 1996, together with
minority views.
The Rules Committee noted in its report its reluctance to
grant such extraordinary authorities to committees except under
compelling circumstances and only when the grant of authority
is investigation-specific. However, based on the facts
presented to the Rules Committee about circumstances
surrounding the investigation of the White House Travel Office
matter, these criteria had been sufficiently proven to warrant
granting the special authorities.
As reported, the resolution authorized the chairman of the
Government Reform and Oversight Committee, upon consultation
with the ranking minority member, to authorize the taking of
affidavits, and of depositions, pursuant to notice or subpoena,
by a member or staff of the committee designated by the
chairman. The resolution further authorized the chairman to
require the furnishing of information by interrogatory, under
oath. The resolution deemed all such testimony to be taken in
executive session of the committee in Washington, D.C., to be
considered as nonpublic until received by the committee, but
permitting it to be used by members of the committee in open
session unless otherwise directed by the committee.
On March 7, 1996, H. Res. 369 was considered as a
privileged matter by the House and, after an hour's debate, was
adopted by voice vote.
j. Establishing a Select Subcommittee of the International Relations
Committee (H. Res. 416)
H. Res. 416 was introduced by Representative Benjamin
Gilman on April 29, 1996, and referred to the Committee on
Rules.
H. Res. 416 established a select subcommittee of the
Committee on International Relations to investigate the role of
the U.S. government in transfers of arms by Iran to Bosnia and
Croatia during the period when an international arms embargo
was in effect.
After Yugoslavia disintegrated and descended into factional
warfare in June 1991, one of the responses of the international
community was to impose a United Nations arms embargo on the
area comprising the entire former nation of Yugoslavia in
September 1991. The U.N. resolution imposing the embargo passed
with the support of the U.S. government under the Bush
administration. That policy was continued under the Clinton
administration, despite increasing Congressional, media and
public opposition to the embargo, which was widely seen as
unfair to the Bosnians.
However, on April 5, 1996, an article in the Los Angeles
Times claimed that the Clinton administration had secretly been
giving its consent to covert arms shipments by Iran to Croatia
and Bosnia. In testimony before the House International
Relations Committee on April 23, the basic assertions of the
article were confirmed by Under secretary of State Peter
Tarnoff. It was these revelations and the questions they raised
that prompted the need for H. Res. 416.
The resolution established the select subcommittee for a
period not to exceed six months from the date of enactment, by
which time the subcommittee would submit a report to the full
committee. The subcommittee was comprised of five majority and
three minority members of the International Relations Committee
who were appointed by Chairman Gilman. The resolution deemed
the subcommittee to be a subcommittee of a standing committee
of the House for all purposes of law and House rules, including
the power to sit and act and the power of subpoena, but
excluding the subcommittee limit for full committees. The
resolution authorized the chairman of the subcommittee to
authorize members and staff of the subcommittee to take
affidavits and depositions pursuant to notice or subpoena.
H. Res. 416 was reported favorably by the Committee on
Rules on Wednesday, May 1, 1996, by a vote of 7-4 with no
amendments. The resolution was considered as a privileged
resolution in the House on May 8, 1996, and passed by a
recorded vote of 224-187.
k. United States--Puerto Rico Political Status Act (H.R. 3024)
H.R. 3024, providing a process leading to full self-
government for Puerto Rico, was introduced by Representative
Young of Alaska on March 6, 1996, and was referred to the
Committee on Resources and to the Committee on Rules for a
period to be subsequently determined by the Speaker.
The United States-Puerto Rico Political Status Act called
for a referendum on Puerto Rico's political status, in
accordance with Puerto Rico's electoral law, to be held no
later than December 31, 1998. The Congressionally defined
status options of separate sovereignty leading to independence
or free association, United States sovereignty leading to
statehood, or the continuation of its present commonwealth
would be placed on a ballot for approval by majority vote. The
results of this initial referendum would be presented to
Congress by the President in the form of transition legislation
for Congressional approval. The transition legislation would
then be presented to the people of Puerto Rico for approval.
Upon approval, the results of this referendum would then be
presented to Congress by the President in the form of
implementation legislation for Congressional approval. After
approval by Congress and the people of Puerto Rico, the new
status would take effect. H.R. 3024 also authorizes funds for
holding and conducting the referendums and contains expedited
procedures for the consideration of transition and
implementation legislation in both the House and the Senate.
On June 26, 1996, the Committee on Resources favorably
reported H.R. 3024, as amended, to the full House. The Rules
Committee also considered the measure as a matter of original
jurisdiction. On July 26, 1996, upon the filing of the report
(H. Rept. 104-713, Part 1) of the Committee on Resources, the
referral granted to the Rules Committee was limited to a period
not to exceed September 18, 1996. H.R. 3024 was referred to the
Rules Committee because the Committee has jurisdiction over
Section 6 of the legislation (Congressional Procedures for
Consideration of Legislation), and the matters contained in
Section 6 are solely within the jurisdiction of the Rules
Committee.
On Tuesday, September 17, 1996, the Committee on Rules met
to hold a hearing on H.R. 3024. The full Committee received
testimony from Representative Don Young (AK), Representative
Carlos Romero-Barcelo (PR), Representative Dan Burton (IN),
Representative Luis Gutierrez (IL), Representative Toby Roth
(WI), Representative Nydia Velazquez (NY), and Representative
Jose Serrano (NY). Written testimony was submitted from
Representative George Miller (CA), Representative Eni F.H.
Faleomavaega (AS) and Representative Dana Rohrabacher (CA). The
testimony reflected both bipartisan support and bipartisan
opposition to the measure.
On Wednesday, September 18, 1996, the full committee met
for a markup of H.R. 3024. During the markup, an amendment in
the nature of a substitute to Section 6 of the bill offered by
Mr. Dreier (CA) was agreed to that removed procedures from the
introduced bill which were inconsistent with the stated goals
of the legislation and normal House procedures. The Committee
ordered reported H.R. 3024, as amended, by a nonrecord vote.
The Committee filed its report (H. Rept. 104-713, Part 2) on
September 18, 1996.
The Committee on Rules scheduled a hearing for September
29, 1996, to grant a rule for floor consideration of the
measure. However, because of a lack of agreement on a
compromise text, the hearing was canceled. No further action
was taken on the legislation during the 104th Congress.
IV. ACTIVITIES OF THE SUBCOMMITTEES
A. Subcommittee on Legislative and Budget Process
1. Jurisdiction and purpose
The Committee on Rules first established the Subcommittee
on the Legislative Process at the beginning of the 96th
Congress in 1979, and has re-established the subcommittee at
the beginning of each subsequent Congress. On February 14, 1995
the Committee changed the name of the Subcommittee to better
reflect the breadth of its jurisdiction. The Subcommittee on
Legislative and Budget Process consists of 5 majority (James H.
Quillen of Tennessee, Porter J. Goss of Florida, John Linder of
Georgia, Deborah Pryce of Ohio, and Gerald B.H. Solomon of New
York) and two minority members (Martin Frost of Texas and John
Joseph Moakley of Massachusetts) and is chaired by Rep. Goss.
Committee Rule 4(b)(1)(B) assigns to the Subcommittee
general responsibility for measures or matters pertaining to
relations between the Congress and the Executive Branch. The
legislation falling within the Subcommittee's jurisdiction
includes resolutions and bills. The primary law within the
Subcommittee's purview continues to be the Congressional Budget
and Impoundment Control Act of 1974 (Public Law 93-344) as
amended. The Subcommittee also claims jurisdiction over budget
process-related provisions found in Part C of the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law
99-177 as amended by Public Laws 100-119, 101-508 and 103-44)
and the Budget Enforcement Act of 1990 (Title XIII of the
Omnibus Budget Reconciliation Act of 1990) as amended by the
Omnibus Budget Reconciliation Act of 1993 (Public Law 103-44).
At the outset of the 104th Congress, the Rules Committee
participated in an exchange of Memoranda of Understanding with
two other committees having major interest in the Congressional
budget process--the Government Reform and Oversight Committee
and the Budget Committee. These agreements were designed to
clarify jurisdictional issues as set forth in House rule X and
provide greater understanding of the distinctions in oversight
authority among the three committees. Through these agreements,
the Rules Committee retained primary jurisdiction over all
aspects of the Congressional budget process that are within the
joint rule making authority of Congress except for budgetary
terminology and the discretionary spending limits. In
exercising its jurisdiction, the Subcommittee is responsible
for conducting ongoing oversight of the Congressional budget
process.
The Chairman of the Committee on Rules refers legislation
to the Subcommittee at his discretion. In previous Congresses,
a majority of the bills referred were sent to both
subcommittees through joint referrals. In keeping with the
decision of the leadership of the 104th Congress to do away
with joint referrals and streamline the committee process, the
Committee on Rules made no joint referrals in the 104th
Congress. 41 bills and resolutions were referred to the
Subcommittee during this Congress.
2. Summary of activities in the 104th Congress
The Subcommittee's activities consisted of conducting
research, holding hearings and assisting the full committee
with mark-ups and floor management of measures falling within
its jurisdiction. The results of the Subcommittee's oversight
activities resulting from the Committee's Oversight Plan will
be discussed in full detail in the next section. In this
section the focus is on actions taken that were not directly
referenced in the Oversight Plan.
a. Deficit Reduction Lock Box
A perennial topic of concern for Members on both sides of
the aisle is attempting to ensure that budget savings are
``locked in'' for deficit reduction. Members frequently point
with some frustration to cases where a spending cut amendment
is adopted by the House or the Senate, but, when the
appropriation measure in question is complete, the savings from
that amendment are usually allocated to other programs (or
sometimes even to the specific program that was initially cut).
In seeking to address this problem, various so-called ``lock
box'' proposals have been presented. While the proposals differ
in their specifics, generally they focus on lowering budget
caps to ``lock in'' savings.
On several occasions early in the 104th Congress the House
addressed lock box issues in the context of both the
Legislative Line Item Veto and the Emergency Supplemental
Disaster Assistance and Rescissions Act. In addition, a
bipartisan group of Members began a campaign to secure lock box
language to each of the FY '96 Appropriation bills. This
language generally reflected the text of H.R. 1162, a
freestanding bipartisan lock box proposal introduced by
Representative Crapo of Idaho on March 8, 1995. These efforts
traditionally involved requests to the Rules Committee to allow
lock box amendments during House consideration of Appropriation
bills. Given the technical nature of this subject, and serious
procedural concerns with the proposed lock box language, the
Rules Committee decided not to allow those amendments, opting
instead to develop, through the legislative process, a free-
standing lock box proposal.
Recognizing the shared jurisdiction on budget process
matters, the Subcommittee on Legislative and Budget Process and
the Subcommittee on Government Management, Information and
Technology (of the Committee on Government Reform and
Oversight) held a joint hearing on deficit reduction lock box
proposals on July 11, 1995. Testimony was taken from a
bipartisan panel of Members, OMB Director Alice Rivlin and CBO
Deputy Director James Blum. The innovative joint subcommittee
hearing was chaired by Representative Steve Horn (CA) and held
in the GROC hearing room.
Subsequently, on July 20, 1995, the full Rules Committee
marked up H.R. 1162, adopting a Chairman's mark and several
technical amendments. The measure that was reported by the
Committee reflected months of careful technical drafting and
consultation with a broad range of budget process experts. The
Subcommittee Chairman and staff worked closely with the full
Committee to complete this process and develop a workable
proposal that could garner the support of a strong majority in
the House.
The final language sought to ensure that savings would be
locked in after floor consideration of cutting amendments to
Appropriation bills, while retaining necessary flexibility for
House appropriators to conduct their work in conference with
the Senate. In addition, important issues relating to effective
dates, the discretionary spending levels and maintaining the
lock box ledger were addressed.
Both the Government Reform and Oversight Committee and the
Budget Committee waived jurisdiction, allowing the Deficit
Reduction Lock Box approved by the Rules Committee to proceed
to the floor. Ultimately the lock box measure was passed by the
House on three separate occasions: as an amendment to the FY
'96 Labor, HHS and Education Appropriation Bill on August 4,
1995; as a freestanding measure (H.R. 1162 as reported by the
Rules Committee) on September 13, 1995; and as an amendment to
the Omnibus Appropriation Bill on March 7, 1996. It passed with
broad bipartisan support on all three occasions.
b. Budget process
See Section V.
c. Ethics process
See Section V.
d. Subcommittee homepage
As part of ``Cyber Congress 2000,'' the Subcommittee
launched an ambitious Web site, which can be found at: [http://
www.house.gov/rules__bud/homenew.html]. This site is designed
to introduce people to the subcommittee members and its
jurisdiction, as well as offer them an interesting and useful
guide to the Congressional Budget Process.
e. Building on change: Preparing for the 105th Congress
See Section V.
3. Assisting the full Committee
In addition to the work outlined above on the Deficit
Reduction Lock Box, the Subcommittee Members and staff assisted
the Committee in several important original jurisdiction
projects, most notably completion and enactment of the Line
Item Veto.
H.R. 2, the Line Item Veto Act, was referred sequentially
to the Rules Committee because of its section on expedited
procedures for Congressional consideration of line item vetoes
by the President. The Committee held an informal briefing and
then a subsequent markup to fulfill its jurisdictional
responsibilities. Subcommittee Chairman Goss and the
Subcommittee staff assisted the Chairman and Committee staff in
this process and in managing the bill on the House floor. In
addition, the Subcommittee played an active role in the ensuing
conference with the Senate to ensure that the critical elements
of a true line item veto were not lost in the negotiation.
In the end, the conference agreed to a real, effective and
workable line item veto proposal, that becomes a new Part C of
Title X of the Congressional Budget and Impoundment Control
Act, which the President signed on April 9, 1996. The Line Item
Veto is effective as of January 1, 1997.
The Subcommittee also provided assistance to the full
Committee in its work on H. Res. 250, the new House Gift Rule,
both in terms of staff support and employing Chairman Goss as a
liaison with the Rules Committee and the Committee on
Standards, of which he is also a member, to ensure availability
of the necessary technical expertise.
Finally, the Subcommittee provided support for the full
Committee in its work on H. Res. 299, amending House rule XLVII
regarding book royalties and restrictions on outside earned
income.
4. Referrals to the Subcommittee on Legislative and Budget Process
H.R. 90: Representative Sensenbrenner, Jan. 4, 1995. To
appropriate 2% of Federal individual income tax returns to the
States to fight crime.
H.R. 251: Representative Gutierrez, Jan. 4, 1995. To amend
the Ethics Reform Act of 1989 to prevent any action to
dissolve, diminish the scope of the mission of, or limit the
activities of the Committee on Standards of Official Conduct
during certain investigations.
H.R. 376: Representative Stupak, Jan. 4, 1995. To provide
for return of excess amounts from official allowances of
Members of the House of Representatives to the Treasury for
deficit reduction.
H.R. 430: Representative Tauzin, Jan. 5, 1995. To establish
the National Dividend Plan by reforming the budget process, and
by amending the Internal Revenue Code of 1986 to eliminate the
double tax on dividends, to allocate corporate income tax
revenues for payments to qualified registered voters, and for
other purposes.
H.R. 567: Representative Bentsen, Jan. 19, 1995. To require
that the President transmit to Congress, that the Congressional
Budget committees report, and that the Congress consider a
balanced budget for each fiscal year.
H.R. 766: Representative Callahan, Feb. 1, 1995. To amend
the Congressional Budget Act of 1974 to provide for a two-year
(biennial) budgeting cycle, and for other purposes.
H.R. 815: Representative Wyden, Feb. 3, 1995. To provide
that the Bureau of Labor Statistics may not change, during the
104th Congress, the method of calculating the consumer price
index if it would result in higher taxes unless the change has
been approved by law.
H.R. 822: Representative Miller of Florida, Feb. 3, 1995.
To provide a fair, nonpolitical process that will achieve $45
billion in budget outlay reductions each fiscal year until a
balanced budget is reached.
H.R. 834: Representative Jacobs, Feb. 6, 1995. To nullify
the 25% pay increase that was afforded to Members of Congress
and certain other Government officials by the Ethics Reform Act
of 1989; to repeal section 225 of the Federal Salary Act of
1967, and for other purposes.
H.R. 1050: Representative Dellums, Feb. 24, 1995. To
establish a living wage, jobs for all policy for the United
States in order to reduce poverty, inequality, and the undue
concentration of income, wealth, and power in the United
States, and for other purposes.
H.R. 1064: Representative Sensenbrenner, Feb. 27, 1995. To
repeal the Impoundment Control Act of 1974.
H.R. 1110: Representative Allard, March 2, 1995. To amend
the Congressional Budget Act of 1974 and the Balanced Budget
and Emergency Deficit Control Act of 1985 to limit the rate of
growth of Federal outlays to 2 percent per year.
H.R. 1111: Representative Dornan, March 2, 1995. To clarify
the war powers of Congress and the President in the post-Cold
War period.
H.R. 1131: Representative McCrery, March 3, 1995. To
balance the Federal budget by fiscal year 2002 through the
establishment of Federal spending limits.
H.R. 1162: Representative Crapo, March 8, 1995. To
establish a Deficit Reduction Trust Fund and provide for the
downward adjustment of discretionary spending limits in
appropriations bills.
H.R. 1233: Representative Wise, March 14, 1995. To improve
budgetary information by requiring that the unified budget
presented by the president contain an operating budget and a
capital budget, distinguish between general funds, trust funds,
and enterprise funds, and for other purposes.
H.R. 1245: Representative Castle, March 15, 1995. To amend
the Congressional Budget Act of 1974 to provide for budgeting
for emergencies through the establishment of a budget reserve
account, and for other purposes.
H.R. 1356: Representative Sanders, March 29, 1995. To amend
the Ethics in Government Act of 1978 to strengthen financial
disclosure requirements, and for other purposes.
H.R. 1387: Representative Barrett of Wisconsin, April 4,
1995. To amend the Congressional Budget Act of 1974 to
establish a process to identify and control tax expenditures.
H.R. 1516: Representative Visclosky, April 7, 1995. To
achieve a balanced budget by fiscal year 2002 and each year
thereafter, achieve significant deficit reduction in fiscal
year 1996 and each year through 2002, establish a Board of
Estimates, require the President's budget and the congressional
budget process to meet specified deficit reduction and balance
requirements, enforce those requirements through a multi-year
congressional budget process and, if necessary, sequestration,
and for other purposes.
H.R. 1576: Representative Zimmer, May 3, 1995. To amend
section 207 of title 18, United States Code, to tighten
restrictions on former executive and legislative branch
officials and employees, and for other purposes.
H.R. 1676: Representative Jacobs, May 18, 1995. To amend
the Omnibus Budget Reconciliation Act of 1990 to clarify that
the expenses of administering the Old Age, Survivors and
Disability Insurance programs are not included in the budget of
the United States, and for other purposes.
H.R. 1763: Representative Fox, June 7, 1995. To require the
review of all Federal departments and agencies and their
programs, and for other purposes.
H.R. 1923: Representative Solomon, June 22, 1995. To
balance the budget of the United States Government by
restructuring government, reducing Federal spending,
eliminating the deficit, limiting bureaucracy, and restoring
federalism.
H.R. 2006: Representative Gekas, July 11, 1995. To amend
title 31, United States Code, to provide an automatic
continuing appropriation for the United States Government.
H.R. 2060: Representative Armey, July 19, 1995. To promote
freedom, fairness, and economic opportunity for families by
reducing the power and reach of the Federal establishment.
H.R. 2117: Representative Hoekstra, July 26, 1995. To
provide that the voters of the United States be given the
right, through advisory voter initiative, to propose the
enactment and repeal of Federal laws in a national election.
H.R. 2197: Representative Allard, Aug. 4, 1995. To amend
the Congressional Budget Act of 1974 to establish a point of
order against certain continuing resolutions.
H.R. 2459: Representative Kasich, Oct. 11, 1995. To amend
the Congressional Budget Act of 1974 to extend and reduce the
discretionary spending limits and to extend the pay-as-you-go
requirements set forth in the Balanced Budget and Emergency
Deficit Control Act of 1985.
H.R. 2622: Representative Cardin, Nov. 13, 1995. To amend
the Congressional Budget Act of 1974 to require that the budget
resolution be a joint resolution and that those resolutions
contain extensions of the statutory limit on the public debt,
and for other purposes.
H.R. 2797: Representative Volkmer, Dec. 15, 1995. To
abolish the Committee on Standards of Official Conduct in the
House of Representatives, establish an Independent Commission
on Congressional Ethics, and provide for the transfer of the
duties and functions of the Committee to the Independent
Commission.
H.J. Res. 95: Representative DeFazio, June 16, 1995. To
amend the War Powers Resolution.
H.J. Res. 130: Representative Hyde, Dec. 5, 1995. Providing
for the establishment of a Joint Committee on Intelligence.
H. Res. 95: Representative Weldon, Feb. 23, 1995. Amending
the Rules of the House of Representatives to establish a
Citizens' Commission on Congressional Ethics, and for other
purposes.
H. Res. 138: Representative Smith of Washington, May 2,
1995. Repealing rule XLIX of the Rules of the House of
Representatives relating to the statutory limit on the public
debt.
H. Res. 182: Representative Royce, June 30, 1995. Amending
the Rules of the House of Representatives to require the
reduction of section 602(b) allocations to reflect floor
amendments to general appropriations bills.
H. Res. 191: Representative Brewster, July 17, 1995.
Amending the Rules of the House of Representatives to require
the reduction of section 602(b)(1) suballocations to reflect
floor amendments to general appropriation bills, and for other
purposes.
H. Res. 212: Representative Orton, Aug. 4, 1995. To express
the sense of the House of Representatives that the provisions
of S. 4 (the Line Item Veto Act), as passed by the House,
should apply to all fiscal year 1996 appropriations bills and
to the reconciliation bill required by H. Con. Res. 67.
H. Res. 221: Representative Gephardt, Sept. 13, 1995.
Providing that consideration by the House of any legislation
changing existing law on Medicare or Medicaid pursuant to
reconciliation instructions shall be preceded by public
hearings thereon and providing a sense of the House that the
Senate should do the same.
H. Res. 314: Representative Burton, Dec. 19, 1995. To amend
the Rules of the House to discourage frivolous ethics
complaints.
H. Res. 346: Representative Goss, Jan. 25, 1996. Amending
the Rules of the House of Representatives respecting the
procedures of the Committee on Standards of Official Conduct.
5. Subcommittee publications
During the 104th Congress, the Subcommittee published one
document in conjunction with the Subcommittee on Rules and
Organization of the House: Hearings on Reviewing and Studying
on a Continuing Basis, the Congressional Budget Process. Three
additional joint subcommittee hearings held on ``Building on
Change: Preparing for the 105th Congress'' were published as a
full Committee document.
6. Outlook for the 105th Congress
The Subcommittee looks forward to building on the
foundation it established in several issue areas, most notably
budget process and ethics process. It is the intention of the
Subcommittee to work with the other committees with
jurisdiction over the budget process to consider and recommend
ways to reform the budget process to make it more accountable,
understandable and enforceable. Specifically the Subcommittee
hopes to see implementation of the Deficit Reduction Lock Box
as a meaningful tool to enforce spending cut decisions made by
the membership. The Subcommittee also intends to play a role in
reviewing and revising the current ethics process. Finally, the
Subcommittee expects to conduct active oversight into the
implementation of the Line Item Veto Act, which takes effect on
January 1, 1997.
B. Subcommittee on Rules and Organization of the House
1. Jurisdiction and purpose
The Subcommittee was first established at the beginning of
the 96th Congress as the Subcommittee on Rules of the House. At
the beginning of the 104th Congress, Representative David
Dreier of California became only the third chairman of the
subcommittee and its name was changed to the Subcommittee on
Rules and Organization of the House to better reflect the
Subcommittee's mission and areas of jurisdiction. The other
Members of the subcommittee are: Representative Lincoln Diaz-
Balart of Florida, the subcommittee vice chairman;
Representative Scott McInnis of Colorado; Representative Enid
Greene of Utah; Representative Gerald Solomon of New York;
Representative Anthony Beilenson of California, the ranking
minority member; and Representative Tony Hall of Ohio.
The Subcommittee has general responsibility for measures or
matters related to relations between the two Houses of
Congress, relations between Congress and the Judiciary, and
internal operations of the House. The Subcommittee is primarily
responsible for the continuing examination of the committee
structure and jurisdictional issues. In recent years, the
Subcommittee has considered measures dealing with ``fast
track'' procedures for trade legislation, and has examined
commemorative legislation, the motion to recommit, and the
creation of select committees.
The Subcommittee is also committed to a continuing study of
the organization and operations of the House following up on
the work of the 1993 Joint Committee on the Organization of
Congress. The Joint Committee was charged with undertaking a
comprehensive review of the organization and operations of the
legislative branch. It held 36 hearings and took testimony from
243 witnesses--including 133 House Members, 37 Senators, 14
former Members, 15 current and former staff members, and 44
outside witnesses. It organized symposiums, conducted surveys,
contracted outside studies, and consulted with congressional
scholars, academics and the public. In the end, the Joint
Committee compiled the largest information data base ever
assembled on the problems with the institution and options for
reforming the Congress.
Referral of legislation to the Subcommittee is at the
discretion of the chairman of the Committee on Rules. 61 bills
and resolutions were referred to the Subcommittee during the
104th Congress.
2. Summary of activities
a. Corrections Day
On Tuesday, May 2, 1995, the Subcommittee on Rules and
Organization of the House of the Committee on Rules and the
Subcommittee on National Economic Growth, Natural Resources and
Regulatory Affairs of the Committee on Government Reform and
Oversight held a joint hearing on House Speaker Newt Gingrich's
proposal to create a Corrections Day in the House of
Representatives specifically for correcting legislative and
regulatory mistakes. The hearing focused on the nature and
scope of the problem to be addressed by Corrections Day, and
examined procedural options to facilitate a Corrections Day
process.
In his statement before the joint subcommittees on May 2,
the Speaker outlined three objectives for the Corrections Day
process: (1) to create a better balance between bureaucrats and
citizens; (2) to set a standard of common sense by ``bringing
up the dumbest things and repealing them''; and (3) to enhance
Congressional oversight over federal agencies.
On March 23, 1995, the Speaker Gingrich appointed a
Corrections Day Steering Group consisting of Representatives
Barbara Vucanovich, Bill Zeliff, and David McIntosh to develop
a framework for the consideration of corrections measures. The
steering group recommended establishing a ``Corrections
Calendar'' to facilitate the consideration of Corrections Day
measures. On Tuesday, June 6, 1995, Representative Barbara
Vucanovich introduced H. Res. 161, amending clause 4 of rule
XIII of the Rules of the House to abolish the Consent Calendar
and to establish in its place a Corrections Calendar.
Information regarding full committee consideration of H. Res.
161 is contained in Section III (C)(2)(c) of this report.
Following the establishment of a Corrections Calendar, the
Speaker established a 12-member bipartisan Corrections Day
Advisory Group consisting of Representative Barbara Vucanovich
of Nevada, who served as chairman; Representative David
McIntosh of Indiana and Representative Bill Zeliff of New
Hampshire, who served as co-chairmen; Representative Gerald
Solomon of New York; Representative David Dreier of California;
Representative Sam Johnson of Texas; Representative Robert
Ehrlich of Maryland; Representative Collin Peterson of
Minnesota; Representative Gary Condit of California;
Representative Henry Waxman of California; Representative
Xavier Becerra of California; and Representative Lynn Rivers of
Michigan.
According to the Corrections Day Advisory Group, 20 bills
have been considered in this Congress on the House Floor under
the Corrections Day process. The process had yielded 15 public
laws and one veto. Four bills passed the House only and were
not considered in the Senate. The Advisory Group considered a
total of 33 bills. According to the Advisory Group, eight of
the bills that were considered by the Advisory Group and the
problems they addressed were either fixed by the executive
branch or passed the House in another form.
During a joint hearing of the Subcommittee on Rules and
Organization of the House and the Subcommittee on Legislative
and Budget Process on September 12, 1996, the Chairman of the
Corrections Day Advisory Group, Representative Barbara
Vucanovich, recommended three changes to the Corrections
Calendar rule would provide flexibility for Floor management:
(1) allow the Speaker to call bills on the Corrections Calendar
out of numerical order to accommodate the manager or sponsor of
the bill; (2) allow intervening businesses, between the Pledge
of Allegiance and the call of the Corrections Calendar, to give
the Speaker the authority to consider business before the
Corrections Calendar; and (3) allow recorded votes on an
amendment or recommittal to be postponed by the Speaker until
the next day.
b. Fast track
See Section V.
c. Budget process
See Section V.
d. Task Force on Committee Review
The Subcommittee was asked to provide counsel to the
members of the Task Force on Committee Review. The Task Force
was created by the House Republican Conference to undertake a
comprehensive review of the committee system in the House of
Representatives in an effort to: (1) assess the effectiveness
of the committee reforms adopted on the opening day of the
104th Congress, and (2) make further recommendations for
change.
On July 16, 1996, the Task Force issued a comprehensive
report calling for increased public access to legislative
information over the Internet and proposing new procedures for
managing committee meetings, reporting bills and conducting
investigative oversight. Task Force recommendations that are in
the general purview of the Committee on Rules include:
Increasing public access to committee documents over
the Internet;
Creating ad hoc committees on an experimental basis;
Expanding committee oversight tools;
Making management audits available to committees;
Creating a parliamentary training program for
committee staff;
Recodifying House rules;
Permitting audio/visual participation at committee
hearings;
Modifying the five-minute rule for investigative
hearings;
Utilizing alternative hearing formats;
Streamlining compliance with voting records;
Eliminating inflationary impact statements;
Requiring statements of performance goals and
criteria;
Permitting joint filing of certain committee reports;
Making additional subcommittee reductions;
Including the Appropriations Committee in the
biennial committee funding process;
Enforcing assignment limitation rules;
Repealing the limitation on committees sitting during
the five-minute rule; and strengthening the ethics
process.
Representatives of the Task Force on Committee Review
appeared before a joint hearing of the Subcommittee on Rules
and Organization of the House and the Subcommittee on
Legislative and Budget Process on July 24, 1996 (See Section
V).
e. 21st Century Congress Project
In the 104th Congress, aggressive efforts were made to
bring Congress up-to-date in the use of information
technologies as quickly as possible to make the institution
more effective and to facilitate public participation in the
legislative process. The THOMAS system at the Library of
Congress was founded on January 1, 1995, and it has been
successful in delivering basic legislative information,
including the Congressional Record and texts of bills and
resolutions. In 1996, THOMAS was upgraded to provide an
expanded list of documents, including access to committee
information such as bill reports and testimony, and to simplify
information retrieval. THOMAS continues to grow and improve as
institutional barriers to the production and retrieval of
electronic documents are removed.
By the end of the 104th Congress, 164 House Members were
participating in the U.S. House of Representatives constituent
electronic mail system, and 207 Members and 18 standing
committees have World Wide Web sites on the Internet. This is
in stark contrast to the beginning of the Congress, when only
51 House Members had e-mail addresses and there were no
committee Web sites. Today every House committee has the
capability to provide immediate online access to legislative
documents, transcripts, schedules and other information.
The House also established a plan, known as ``Cyber
Congress 2000,'' which envisions a modern Congress utilizing
state-of-the-art communication, networking, and computing
technologies that will dramatically improve the work of Members
and committees. This enhanced infrastructure, which will
require a number of years to fully deploy, will provide Members
and the public with more comprehensive and accurate information
regarding the status and content of bills and related
legislative activities.
In an effort to begin assessing the procedural and
organizational implications of technology use by Congress, the
Subcommittee on Rules and Organization of the House has
undertaken ``The 21st Century Congress Project.'' The goal of
the project is to develop and recommend changes in Congress'
operations and legislative procedures that will allow
technology to make the institution more open, accountable and
effective. To encourage public input and participation in the
project, the Subcommittee established a Web site on the
Internet at the following address: [http://www.house.gov/
rules__org/21home.html].
In conjunction with the establishment of the Web site, the
Subcommittee on May 24, 1996, held an interactive hearing
entitled ``Legislating in the 21st Century Congress'' to assess
the potential implications of future technology utilization on
the legislative process in the House, while showcasing some of
the practical applications of those technologies. The
Subcommittee utilized video conference technology to allow
participation by one witness and one Subcommittee member, as
well as C-SPAN and the Internet to permit indirect
participation by the public.
f. ``Building on Change'' hearings
See Section V.
3. Legislation referred to the Subcommittee on Rules and Organization
of the House
H.R. 58: Representative Baker of Louisiana, Jan. 4, 1995.
To require analysis and estimates of the likely impact of
Federal legislation and regulations upon businesses, the
private sector, and State and local governments, and for other
purposes.
H.R. 87: Representative Bartlett, Jan. 4, 1995. To
establish the Department of Energy Laboratory Facilities
Commission, and for other purposes.
H.R. 108: Representative Bilirakis, Jan. 4, 1995. To modify
the provision of law which provides a permanent appropriation
for the compensation of Members of Congress, and for other
purposes.
H.R. 204: Representative Condit, Jan. 4, 1995. To require
the President to submit to the Congress each year an integrated
justification for United States foreign assistance programs,
and for other purposes.
H.R. 215: Representative Crapo, Jan. 4, 1995. To reform the
House of Representatives, and for other purposes.
H.R. 252: Representative Hamilton, Jan. 4, 1995. To improve
the operation of the legislative branch of the Federal
Government and for other purposes.
H.R. 470: Representative Gilman, Jan. 11, 1995. To provide
for adherence with the MacBride Principles by United States
persons doing business in Northern Ireland.
H.R. 841: Representative Wolf, Feb. 6, 1995. To provide an
equitable process for strengthening the passenger rail service
network of Amtrak through the timely closure and realignment of
routes with low economic performance.
H.R. 1100: Representative Maloney, March 1, 1995. To
establish a temporary commission to recommend reforms in the
laws relating to elections for Federal office.
H.R. 1424: Representative Stearns, April 6, 1995. To
provide Americans with secure, portable health insurance
benefits through tax credits, medical savings accounts, and
greater choice of health insurance plans without mandates, and
for other purposes.
H.R. 1434: Representative Houghton, April 6, 1995. To
establish a commission to review the dispute settlement reports
of the World Trade Organization, and for other purposes.
H.R. 1560: Representative Gephardt, May 3, 1995. To expand
U.S. exports of goods and services by requiring the development
of objective criteria to achieve market access in foreign
countries, to provide the President with reciprocal trade
authority, and for other purposes.
H.R. 1837: Representative Franks of New Jersey, June 14,
1995. To establish a temporary commission to recommend reforms
in the laws relating to elections for federal office.
H.R. 1993: Representative Tiahrt, June 30, 1995. To abolish
the Department of Energy.
H.R. 2072: Representative Smith of Washington, July 19,
1995. To amend the Federal Election Campaign Act of 1971 to ban
contributions to candidates in elections for Federal office by
persons other than individuals and political party committees,
to amend the Rules of the House of Representatives to ban
gifts, and for other purposes.
H.R. 2152: Representative English of Pennsylvania, Aug. 1,
1995. To establish the Independent Commission on Medicare to
make recommendations on how to best match the structure of the
Medicare program with the funding made available for the
program by Congress, to provide for expedited consideration in
Congress of the Commission's recommendations, and to establish
a default process for meeting Congressional spending targets
for the Medicare program if Congress rejects the Commission's
recommendations.
H.R. 2347: Representative Burton, Sept. 18, 1995. To seek
international sanctions against the Castro government in Cuba,
to plan for support of a transition government leading to a
democratically elected government in Cuba, and for other
purposes.
H.R. 2371: Representative Archer, Sept. 21, 1995. To
provide trade agreements authority to the President.
H.R. 2403: Representative Clement, Sept. 27, 1995. To amend
title 49, United States Code, with respect to regulation of
interstate transportation by common carriers engaged in civil
aviation and for other purposes.
H.R. 2485: Representative Archer, Oct. 17, 1995. To amend
title XVIII of the Social Security Act to preserve and reform
the Medicare program.
H.R. 2486: Representative Peterson of MN, Oct. 17, 1995. To
amend title XVIII of the Social Security Act to preserve and
reform the Medicare program.
H.R. 2526: Representative Owens, Oct. 24, 1995. To create a
Creative Revenues Commission to facilitate the reform of the
Federal tax system, and for other purposes.
H.R. 2557: Representative Ewing, Oct. 30, 1995. To amend
the Agriculture Trade Act of 1978 to provide greater assurances
for contract sanctity.
H.R. 2610: Representative Sanford, Nov. 9, 1995. To
eliminate certain benefits for Members of Congress.
H.R. 2635: Representative White, Nov. 14, 1995. To
establish a temporary commission to recommend reforms in the
laws relating to elections for Congress.
H.R. 2727: Representative Hayworth, Dec. 6, 1995. To
require Congress and the President to fulfill their
Constitutional duty to take personal responsibility for Federal
laws.
H.R. 2755: Representative Foglietta, Dec. 11, 1995. To
establish a Corporate and Farm Independence Commission, and for
other purposes.
H.R. 2802: Representative Longley, Dec. 18, 1995. To impose
temporarily a 25 percent duty on imports of certain Canadian
wood and lumber products, to require the administering
authority to initiate an investigation under title VII of the
Tariff Act of 1930 with respect to such products, and for other
purposes.
H.R. 2990: Representative Nick Smith (MI), Feb. 29, 1996.
To require approval of proposed rules considered by the
Congress to be significant rules.
H.R. 3023: Representative Shaw, March 6, 1996. To require
the imposition of certain trade sanctions on countries which
threaten the national security of the United States and the
health and safety of United States citizens by failing to take
effective action against the production of and trafficking in
illicit narcotic, and psychotropic substances, and for other
purposes.
H.R. 3024: Representative Young (AK), March 6, 1996. To
provide a process leading to full self-government for Puerto
Rico.
H.J. Res. 135: Representative Dornan, Dec. 20, 1995. To
establish a joint committee to oversee the conduct of Operation
Joint Endeavor/Task Force Eagle.
H. Res. 20: Representative Kanjorski, Jan. 4, 1995. To
enhance public confidence in the United States Congress by
amending the Rules of the House of Representatives to treat
copyright royalties received by Members, officers and employees
as honoraria.
H. Res. 21: Representative King, Jan. 4, 1995. To establish
a Select Committee on POW and MIA affairs.
H. Res. 24: Representative Klug, Jan. 4, 1995. Requiring
appropriate committees of the House to report legislation to
transfer certain functions of the Government Printing Office,
and for other purposes.
H. Res. 27: Representative Solomon, Jan. 4, 1995. To
authorize and direct the Committee on Appropriations to create
a new Subcommittee on Veterans' Affairs.
H. Res. 28: Representative Stearns, Jan. 4, 1995. Repealing
rule XLIX of the Rules of the House of Representatives relating
to the statutory limit on the public debt.
H. Res. 40: Representative Bryant of Texas, Jan. 19, 1995.
To amend the Rules of the House of Representatives concerning
the receipt of gifts from lobbyists and other persons and for
other purposes.
H. Res. 56: Representative Weldon, Feb. 1, 1995. To amend
the Rules of the House of Representatives to require the
Committee on Ways and Means to include in committee reports the
identity, sponsor, and revenue cost of single-taxpayer relief
provisions contained in reported bills.
H. Res. 66: Representative Smith of Washington, Feb. 8,
1995. To amend the Rules of the House of Representatives to ban
gifts, and for other purposes.
H. Res. 97: Representative Latham, Feb. 24, 1995. To
authorize and direct each standing committee of the House with
subject matter jurisdiction over laws under which Federal
agencies prescribe rules and regulations to report legislation
during this session of Congress which would have the effect of
streamlining those rules and regulations, and for other
purposes.
H. Res. 102: Representative Sanford, March 1, 1995.
Requiring the transfer to private sector providers for certain
administrative and maintenance entities and functions of the
House of Representatives, and for other purposes.
H. Res. 106: Representative Pombo, March 6, 1995. Requiring
that certain introduced measures be accompanied by statements
of the constitutional authority for enacting them.
H. Res. 132: Representative Miller of California, April 6,
1995. Amending the Rules of the House of Representatives to
provide for disclosure of the source of amendments, measures,
and committee reports.
H. Res. 133: Representative Schroeder, April 6, 1995.
Amending the Rules of the House of Representatives to require
that reports from the Committee on Ways and Means accompanying
revenue bills and targeted tax benefits clearly identify those
benefits.
H. Res. 142: Representative Scott, May 9, 1995. Amending
the Rules of the House of Representatives to allow proxy voting
in committee in particular, limited circumstances.
H. Res. 154: Representative Lipinski, May 18, 1995. To
amend clause 2(a) of House Rule XXIII to extend the length of
time required before considering the report of a committee of
conference.
H. Res. 162: Representative Hamilton, June 7, 1995.
Amending the Rules of the House of Representatives to provide
for the consideration in each Congress of a congressional
reform resolution.
H. Res. 184: Representative Maloney, July 10, 1995.
Amending the Rules of the House of Representatives to require
that committee reports accompanying reported bills and joint
resolutions contain a detailed analysis of the impact of the
bill or joint resolution on children.
H. Res. 195: Representative McHale, July 19, 1995. Amending
the Rules of the House of Representatives to reduce the time
for a recorded vote from 15 minutes to 2 minutes, and for other
purposes.
H. Res. 196: Representative McHale, July 19, 1995. Amending
the Rules of the House of Representatives to eliminate the
discretion of the Speaker to name another Member to perform the
duties of the Chair without the approval of two-thirds of the
Members, and for other purposes.
H. Res. 199: Representative Stockman, July 21, 1995.
Amending clause 2 of rule XXII of the Rules of the House to
prohibit the introduction or consideration of legislation
designating a building or any other structure in honor of a
person who is serving or has served as a Member of Congress, a
Federal judge, or an officer of the executive branch before the
date that is 5 years after the person has retired from that
office.
H. Res. 202: Representative Stupak, July 25, 1995. Amending
the Rules of the House of Representatives to require that
Members who change political parties repay certain funds to the
political party from which the change of affiliation was made.
H. Res. 203: Representative Stupak, July 25, 1995. Amending
the Rules of the House of Representatives to provide that the
House may declare vacant the office of any member who publicly
announces a change in political party affiliation.
H. Res. 211: Representative Nadler, Aug. 4, 1995. To amend
the Rules of the House of Representatives to require a bill or
joint resolution which amends a law to show the change in the
law made by the amendment, and for other purposes.
H. Res. 213: Representative Schroeder, Sept. 6, 1995.
Amending the Rules of the House to prohibit the consideration
of a conference report on any legislative branch appropriations
bill until all other regular appropriations bills for that
fiscal year are enacted into law.
H. Res. 263: Representative Rivers, Nov. 7, 1995. Amending
the rules of the House to require that the expenses of special
order speeches be paid from the Members' representational
allowances of the Members making such speeches.
H. Res. 286: Representative Woolsey, Nov. 29, 1995. To
limit the access of lobbyists to the Hall of the House.
H. Res. 341: Representative Hoke, Jan. 24, 1996. Amending
the rules of the House to require that no object or activity
for which Federal money is provided shall be named for a living
individual who is or, within the last 5 Congresses, has been a
Member of Congress.
H. Res. 361: Representative Zimmer, Feb. 1, 1996. Amending
the Rules of the House of Representatives to prohibit foreign
travel by a retiring Member.
H. Con. Res. 126: Representative Dornan, Dec. 22, 1995. To
establish a joint committee to oversee the conduct of Operation
Joint Endeavor/Task Force Eagle.
4. Subcommittee publications
In the 104th Congress, the Subcommittee printed two
documents: (1) hearing on ``Legislating in the 21st Century
Congress;'' and (2) hearings on ``Building on Change: Preparing
for the 105th Congress.'' The Committee on Government Reform
and Oversight published a document on a joint hearing before
the Subcommittee on Rules and Organization of the House and the
Subcommittee on National Economic Growth, Natural Resources,
and Regulatory Affairs regarding Corrections Day Policy and
Procedures. The Committee on Ways and Means also published a
document on joint hearings before the Subcommittee on Rules and
Organization of the House and the Subcommittee on Trade
focusing on the policy, conditions, and negotiating objectives
of fast track.
5. Outlook for the 105th Congress
a. Review of 105th Congress ``Opening Day'' reforms--In the
event that the House of Representatives approves additional
significant changes in House Rules, the Subcommittee expects to
take an active review of those changes to ensure their
effectiveness.
b. Technology and Congress--The work begun in the 104th
Congress merely began laying the foundation for a long-term
examination of this issue by the Subcommittee. That Congress
will be fully integrated with the rest of the nation
technologically within a few short years is not in question.
What is less certain is how technology will transform the
culture, operations, and responsibilities of Congress, and what
it will mean for our Federal system of representative
government.
c. Fast Track--The Subcommittee expects to continue
examining the major procedural issues concerning fast track; in
particular the treatment of revenue provisions of trade
agreement implementing bills, extraneous issues included in
trade agreement implementing bills, the submission of proposed
agreement and required legislative changes by the
administration, and time periods for committee and floor
review.
V. COMMITTEE OVERSIGHT PLANS AND ACCOMPLISHMENTS
A. Summary of Committee Oversight Plan
As part of the opening day reforms for the 104th Congress,
the House adopted a new rule requiring each committee to file
oversight plans with the Committee on Government Reform and
Oversight. This new requirement is found in clause 2(d) of rule
X. Moreover, clause 1(d) of rule XI requires committees to
publish a separate oversight section in their final activity
reports summarizing their originally adopted oversight plans, a
summary of actions and recommendations taken pursuant to those
plans, and any additional oversight activities undertaken and
recommendations made during the Congress.
In fulfilling its obligation under the new rule, the Rules
Committee met on February 14, 1995, and approved by voice vote
an ambitious oversight plan for the Congress.
Among the objectives the Committee outlined for its
oversight efforts was to play a central role in continuing
efforts to reform the structure of the House and refine the
processes by which the nation's business is conducted here. The
Committee expressed its intention to be proactive in this
effort, pursuing matters of original jurisdiction and using the
two subcommittees to fulfill its general oversight
responsibilities as outlined in rule X.
a. The Subcommittee on Rules and Organization of the House
The Subcommittee included among the areas of focus for
oversight the following:
Review of the Opening Day Reforms contained in H.
Res. 6
Review of committees' rules in the context of House
rules
Continued review of proposals made by the JCOC
Monitor and review of the work of the Task Force on
Committee Review
Continued review of the amendment process and efforts
to enhance access to legislative information
Review of efforts to improve the family-friendly
quality of the House
Review of fast track trade procedures under Section
151 of the Trade Act of 1974
b. The Subcommittee on Legislative and Budget Process
The Subcommittee included among the areas of focus for
oversight the following:
Review and recommend changes in the Congressional
Budget Process
Review the process by which the House conducts its
oversight of intelligence activities and maintains the
security of classified information
Review the structure and workings of the Ethics
Process as outlined in Rule X
Provide general oversight as needed over
implementation of H.R. 5 (Unfunded Mandates) and H.R. 2
(Line Item Veto)
Explore areas for review within the general framework
of relations between the Legislative and Executive
Branches of government
B. Summary of Committee Oversight Accomplishments
The Committee succeeded in meeting most of the goals it set
for itself in its oversight plan, while taking leading roles in
implementing two major pieces of legislation (Unfunded Mandate
Reform and the Line Item Veto), development of a third (the
Deficit Reduction Lock Box), and making several important
internal changes (including the Corrections Calendar, the House
Gift Ban and Book Contracts).
a. Budget process
Working together, the two subcommittees took the lead in
reviewing the Congressional budget process, fulfilling the
Committee's responsibility as outlined in House rule X, clause
3. After an informal CRS briefing for Members and staff, three
joint subcommittee hearings were held in 1995, at which Members
and outside witnesses (including CBO Director June O'Neill and
several Congressional scholars) testified in response to broad
questions about the goals and the effectiveness of the current
budget process.
Witnesses who testified at the three hearings (held on July
13, July 19 and September 13) were all asked to consider what
were the objectives of the 1974 Congressional Budget Act,
whether those objectives are still relevant in today's fiscal
environment and whether the process should be redesigned (and,
if so, how).
In total, the two subcommittees heard testimony from 8
Members and 8 outside experts.
It is the Committee's intention that this initial review
should provide the foundation for continued work on the subject
of the budget process in the 105th Congress, leading up to
recommendations for revisions that could be implemented in the
coming two years.
b. Internal reform
The oversight plan of the Committee on Rules calls for a
comprehensive review of the organizational and procedural
reforms adopted by the House on January 4, 1995. To assist in
fulfilling these oversight objectives, the Subcommittee
majority staff met with more than 50 principal leadership,
committee, administrative and support staff in the House to
assess the effectiveness of the opening day reforms as well as
reforms subsequently approved by the House. The meetings also
sought to identify additional issues that may require further
scrutiny by the Rules Committee.
Interviews were conducted with leadership staff in the
offices of the Speaker, Majority Leader, Majority Whip,
Republican Conference, and Republican Policy Committee;
majority floor staff; majority staff directors and counsels of
every standing committee; officials in the Office of the
Parliamentarian, Office of Legislative Counsel, Clerk of the
House, and the Congressional Budget Office; and former
Republican leadership staff and academic experts. The
interviews were conducted over a 4 month period in late 1995
and early 1996.
The staff interviews covered a broad range of subjects,
including scheduling; the leadership's planning and agenda-
setting process; innovative rules; committee procedures,
staffing and oversight; the appropriations process and
procedures; the congressional budget process; and
administration of the House.
In July 1996, Chairman Solomon launched an unprecedented
bi-partisan review process for the Committee to take input from
Members and outside experts about how to build on the historic
rules changes of the 104th Congress and prepare for the 105th
Congress.
Beginning with a Members' Open Day hearing before the Full
Committee, this project marked the first time in recent memory
that planning for the next Congress' internal rules was subject
to bipartisan, public commentary. In his announcement of this
project, Chairman Solomon said ``We're still committed to
changing the way Congress does business. There are many Members
with good ideas on how to conduct the people's business more
efficiently and we're going to give them a good look.''
The Members' Open Day was held on July 17, 1996 and
included the testimony of 16 Members, including 6 Republicans
and 10 Democrats. Proposals for reform ranged from changes
designed to improve civility in the House to modifications of
the Ethics Process.
Once the Committee launched this project, Chairman Solomon
tasked the two subcommittees with continuing the review. Three
additional joint subcommittee hearings were held on this topic
with the focus on organized reform efforts underway during the
104th Congress. The joint subcommittee hearings were held on
July 24, 1996, September 5, 1996 and September 11, 1996. In
all, the joint subcommittees heard testimony from 23 Members
representing both sides of the aisle (including the Task Force
on Committee Review, the Bipartisan Reform Team, the Democratic
Caucus Committee on Organization, Study and Review, the
Corrections Day Advisory Group and the Family Quality of Life
Advisory Committee) and 3 Congressional scholars.
On July 10, 1996, in conjunction with the joint
subcommittee hearings, the Rules Committee sent questionnaires
to all House committee chairmen and ranking minority members
soliciting their views on various House reforms adopted at the
beginning of the 104th Congress and proposals for further
changes. Eighteen members responded, including 13 chairmen and
5 ranking minority members. The results of the survey were
subsequently published as a committee print.
The fact that this unprecedented formal, bipartisan review
process was undertaken is itself a testament to the degree of
change that has occurred with the new majority in the historic
104th Congress. The Committee found this exercise to be most
helpful in its effort to develop suggestions for the leadership
about additional Congressional reforms to be implemented at the
outset of the 105th Congress. It is the intention of the
Committee to continue this practice in future Congresses.
c. Ethics process (House Rule X(4)(e))
The Subcommittee on Legislative and Budget Process moved
forward with plans to conduct a formal review of the ethics
process as established in House Rule X(4)(e). In the early
months of 1995, staff began a review process with CRS experts
and others and on May 18, 1995, the Subcommittee held an
informal briefing for Members and staff with three state ethics
experts (representing Florida, Ohio and California), all of
whom belong to an organization known as the Council on
Governmental Ethics Laws (COGEL).
Subcommittee Chairman Goss began laying the groundwork for
formal hearings, however after consultation with the Ranking
Member, decided on several occasions to postpone the formal
review. As a result of repeated, direct requests by the
minority, the Subcommittee opted not to proceed with hearings,
instead choosing to continue its assessment of the ethics
process through the more general reform process discussed
above. However, it has become clear to many Members on both
sides of the aisle that the ethics process is in need of reform
and it is the strong intention of the Committee that a review
culminating in changes to the process should occur as early as
possible in the 105th Congress.
d. Intelligence Oversight (House Rule XLVIII)
Throughout the 104th Congress, the Subcommittee on
Legislative and Budget Process worked with CRS and the House
Permanent Select Committee on Intelligence (HPSCI) to fulfill
its commitment to reviewing the process of Intelligence
Oversight in the House.
Although specific hearings on this subject were not held
separately, it was included as an agenda item in the second
joint subcommittee hearing on reform. Testimony was taken from
HPSCI Chairman Larry Combest regarding proposals made in his
committee's staff study (known as IC 21) regarding the
structure and composition of HPSCI. In addition, CRS provided
the Subcommittee with several reports on this subject, focusing
on the pros and cons of tenure limits, cross-over requirements
and establishing a joint House-Senate oversight committee.
e. Fast track
The Subcommittee on Rules and Organization of the House
and the Subcommittee on Trade of the Ways and Means Committee
held joint hearings on May 11 and May 17, 1995, on fast track
issues. The May 11 hearing focused on policy, conditions, and
negotiating objectives of fast track. The May 17 hearing
focused on fast track procedures.
1. Fast track background
Procedures providing expedited consideration for
legislation implementing trade agreements, commonly referred to
as ``fast track,'' are the most recent congressional-executive
innovations to facilitate Congress' long-standing policy of
seeking trade benefits through reciprocal trade negotiations.
As early as 1890, Congress delegated tariff bargaining
authority to the President. In the Reciprocal Trade Agreements
Act of 1934, Congress authorized the President to enter into
reciprocal tariff agreements with foreign countries and, within
a designated range, to proclaim tariffs needed to implement
those agreements without subsequent congressional approval.
The reciprocal tariff authority delegated to the President
in 1934 was used by the President to enter into 32 bilateral
reciprocal trade agreements by 1945 and continued to be the
basis of U.S. trade negotiations through the mid-1970s.
Throughout this time, federal courts have acknowledged that not
all international undertakings of the United States are
concluded as treaties and that congressional-executive trade
agreements could find a constitutional basis in the joint
exercise of Congress' tariff and commerce authorities and the
President's foreign policy power.
As the parties to the General Agreements on Tariffs and
Trade (GATT) began to negotiate more extensively to eliminate
nontariff trade barriers in a number of areas, Congress enacted
legislation that would provide the President with negotiating
credibility and ensure that Congress carried out its
constitutional responsibilities regarding legislative
implementation of the agreements. In the Trade Act of 1974,
Congress provided the President with new authority to negotiate
multilateral trade agreements, allowing him to continue to
proclaim tariff reductions and modifications but requiring him
to submit nontariff barrier agreements to Congress, which would
vote on approval of the agreements and on legislation necessary
or appropriate to implement them. The consultation and
notification requirements prior to entry into an agreement and
introduction of an implementing bill ensured that Congressional
views and recommendations with respect to provisions of the
proposed agreement and possible changes in U.S. law or
administrative practice were fully taken into account and any
problems resolved in advance of formal Congressional action. At
the same time, the process was designed to ensure certain and
expeditious action on the results of the negotiation and on the
implementing bill with no amendments.
The ``fast track'' procedure authorized in the Trade Act
of 1974 was first used with respect to the GATT Tokyo Round
Agreements, which were approved and implemented in the Trade
Agreements Act of 1979. The expedited procedures for the
implementation of multilateral trade agreements have not been
significantly altered since 1974. Extended through section
1102(c) of the Omnibus Trade and Competitiveness Act of 1988,
and modified to authorize the President to enter into bilateral
trade agreements, fast track procedures were most recently used
to implement the Uruguay Round Agreements of GATT and the North
American Free Trade Agreement (NAFTA). That fast track
negotiating authority applied only with respect to new
agreements entered into before December 15, 1993.
In 1995, the Administration began negotiations with Chile
as to possible accession to the NAFTA. Because the fast track
authority used for the NAFTA has expired, the Committees are
now considering the extension of additional fast track
authority.
2. Negotiating authority
Section 1102(c) of the Omnibus Trade and Competitiveness
Act of 1988, now expired, set forth three requirements for the
negotiation of a bilateral agreement:
The foreign country must request the negotiation of
the bilateral agreement;
The agreement must make progress in meeting
applicable U.S. trade negotiating objectives; and
The President was required to provide written notice
of the negotiations to the Committee on Ways and Means
and the Senate Committee on Finance and consult with
these committees. The negotiations could proceed unless
either Committee disapproved the negotiations within 60
calendar days prior to the 90 calendar day advance
notice required of entry into an agreement (described
below).
Any agreement negotiated under section 1102 was required
to make progress in meeting the applicable objectives set forth
in section 1101. The overall objectives were to obtain more
open, equitable, and reciprocal market access, the reduction or
elimination of barriers and other trade-distorting policies and
practices, and a more effective system of international trading
disciplines and procedures. In addition, section 108 of the
NAFTA Implementation Act sets forth congressional intent and
preliminary procedures for negotiating future free trade
agreements and accession to the NAFTA.
3. Fast track procedures
Section 102 of the Trade Act of 1974 and sections 1102(d)
and 1103 of the Omnibus Trade and Competitiveness Act of 1988
set forth the fast track requirements. These provisions
required the President, before entering into any trade
agreement, to consult with Congress as to the nature of the
agreement, how and to what extent the agreement will achieve
applicable purposes, policies, and objectives, and all matters
relating to agreement implementation. In addition, before
entering into an agreement, the President was required to give
Congress at least 90 calendar days advance notice of his
intent. The purpose of this period was to provide the
Congressional committees of jurisdiction an opportunity to
review the proposed agreement before it was signed, to
determine the changes in U.S. laws that would be necessary or
appropriate to implement the obligations under the agreement,
and to meet with Administration officials to develop the text
of an acceptable implementing bill.
After entering into the agreement, the President was
required to submit formally the draft agreement, implementing
legislation, and a statement of administrative action. Once the
bill was formally introduced, there was no opportunity to amend
any portion of the bill--whether on the floor or in committee.
Consequently, before the formal introduction took place, the
committees of jurisdiction would hold ``mock hearings'' and
``mock mark-up'' sessions in order to consider legislation
informally circulated by the Administration and to make their
concerns known to the Administration before it introduced the
legislation formally.
After formal introduction of the implementing bill, the
House committees of jurisdiction had 45 days to report the
bill, and the House was required to vote on the bill within 15
legislative days after the measure was reported or discharged
from the committees. Fifteen additional days were provided for
Senate committee consideration (assuming the implementing bill
was a revenue bill), and the Senate floor action was required
within 15 additional days. Accordingly, the maximum period for
Congressional consideration of an implementing bill from the
date of introduction was 90 days. Amendments to the legislation
were not permitted once the bill was introduced; the committee
and floor actions consisted of ``up or down'' votes on the bill
as introduced.
4. Policy issues concerning fast track
Broad versus narrow: This issue relates to whether fast
track authority should be broad and open-ended so that it
covers all trade agreements entered into within a specific
period of time, or whether it should be limited to negotiations
with particular countries or regions. More specifically,
although the Administration is beginning NAFTA-accession issues
with Chile, it may later begin negotiations with other Latin
American countries, as well as APEC countries. The fast track
authority could cover all of these negotiations or could be
more limited.
Labor and environment negotiating objectives: The
Administration has pressed for inclusion of negotiating
objectives relating to environmental standards and seeks to
broaden such objectives relating to labor standards. The
Republican leadership and many business interests have opposed
these objectives, stating that they are not trade related and
that the overall benefits of trade agreements serve to improve
labor and environmental conditions.
Time period: An open issue relates to the length of time
provided for fast track authority as well as whether there will
be any extensions permitted. The general consensus has been for
a period of four to six years.
5. Major procedural issues concerning fast track
Treatment of revenue provisions of trade agreement
implementing bills: The ``Pay-Go'' provisions of the 1990
Budget Agreement have been applied to implementing legislation
for two trade agreements--the North American Free Trade
Agreement and the GATT Uruguay Round. ``Pay-Go'' rules require
the estimated five-year reduction in tariff revenues to be
fully offset with provisions increasing revenue or reducing
entitlement spending. These provisions have nearly all been
nontax revenue-raising measures, generally totally unrelated to
trade. The inclusion of non-trade revenue provisions in an
unamendable legislative vehicle has caused concerns in both
Houses of Congress, and among many private sector groups.
Extraneous issues included in trade agreement implementing
bills: Fast track procedures have permitted implementing
legislation to include provisions that are ``necessary and
appropriate'' to implement the trade agreement. The NAFTA and
Uruguay Round implementing bills included numerous provisions
which were clearly not necessary to implement the respective
agreements. These included non-trade revenue provisions
included to satisfy the 1990 Budget Agreement as well as some
trade provisions not required by the agreements.
Submission of proposed agreement and required legislative
changes by the administration: Fast track procedures have
required the Administration to notify the House Ways and Means
Committee and the Senate Finance Committee of its intent to
enter into an agreement 90 days before such action. Congress
has not always received a copy of the draft agreement during
that time, restricting its ability to recommend modifications
before the agreement is finalized. In addition, after an
agreement is entered into, the Administration has not been
required to submit a list of the statutory changes to law
required to implement the agreement.
Time periods for committee and floor review: Fast track
procedures have placed generous time limits on committee and
floor consideration of trade agreement implementing
legislation. However, there is some question as to the need for
lengthy time limits at these final stages in the process as the
legislation is unamendable at that point. On the other hand,
there are no time limits requiring the Administration to send
implementing legislation to Congress after entering into a
trade agreement. Absent a time limit, the legislative drafting
and ``mock mark-up'' period has encompassed many months for
recent trade bills.
6. Legislative action in the 104th Congress
On September 9, 1995, Representative Bill Archer, chairman
of the Committee on Ways and Means, along with Representative
Phil Crane and Representative David Dreier, introduced H.R.
2371, the Trade Agreements Authority Act of 1995, to provide
trade agreements authority to the President. The measure was
referred to the Committee on Ways and Means and the Committee
on Rules. On January 3, 1996, H.R. 2371 was referred to the
Subcommittee on Rules and Organization of the House.
The Committee on Ways and Means held a mark up on H.R. 2371
on September 21, 1995, and ordered the measure reported with
amendments (House Report 104-285, Part I). The Rules Committee
deferred action on H.R. 2371 pending the outcome of
negotiations with the Clinton administration on amendments to
the bill as reported by the Ways and Means Committee. However,
such an agreement was not reached prior to adjournment of the
104th Congress.
VI. STATISTICAL PROFILE ON THE COMMITTEE ON RULES, 104TH CONGRESS
A. Statistics on Special Orders or ``Rules''
1. Number of formal requests for Rules Committee hearings:
194
a. Number of rules requested for rules for original
consideration of measures, rules for further
consideration, rules for disposition of Senate
amendments: 140
b. Number of rules requested on conference reports:
45
c. Number of rules requested on procedural matters: 0
d. Number of formal rules requests otherwise disposed
of by procedures other than the Rules Committee: 9
2. Number of formal requests pending at adjournment: 7
3. Number of hearing days: 190
(a) 1st Session:
(1) Regular meetings: 104
(2) Emergency meetings: 21
(b) 2nd Session:
(1) Regular meetings: 44
(2) Emergency meetings: 21
4. Number of bills, resolutions, and conference reports on
which hearings were held for the purpose of considering special
orders or ``rules'':
(a) Number of rules granted: 230
(1) Bills and resolutions: 167
(2) Conference Reports: 49
(3) Providing for general debate only,
waiving \2/3\ requirement or creating
suspension days: 19
(b) Types of amendment structures for consideration
of bills and resolutions
(1) Open: 69
(2) Modified Open--Time Cap on Consideration
of Amendments: 9
(3) Modified Open--Required Preprinting in
the Congressional Record: 3
(4) Modified Open--Both Time Cap on
Consideration of Amendments and Required
Preprinting in the Congressional Record: 5
(5) Structured or Modified Closed: 43
(6) Closed: 22
(7) Conference Reports: 52
(8) Providing for General Debate Only: 3
(c) Disposition of the 230 rules granted:
(1) Adopted by the House: 215
(2) Rejected by the House: 1
(3) Laid on the Table: 12
(4) Pending on the House Calendar at
Adjournment: 2
* Note: 5 rules were dual purpose rules listed under 2
categories above (H. Res. 249, H. Res. 267, H. Res. 280, H.
Res. 291, and H. Res. 386).
5. Congressional Budget Act waivers granted
(a) Type of Waiver
(1) Sec. 302(c): 2
(2) Sec. 302(f): 19
(3) Sec. 303(a): 2
(4) Sec. 306: 3
(5) Sec. 308(a): 13
(6) Sec. 311(a): 2
(7) Sec. 401(a): 3
(8) Sec. 401(b): 5
(9) Sec. 402(a): 1
6. Rules of the House waivers granted (waivers may be
underlying measures, matters made in order as original text,
motions, or amendments)
(a) Types of waivers (number of resolutions waiving
each rule):
(1) Waiver of all Rules of the House: 100
(2) Rule X, cl. 1(b): 1
(3) Rule X, cl. 1(q)(10): 1
(4) Rule XI, cl. 2(g)(3): 1
(5) Rule XI, cl. 2(l)(2): 1
(6) Rule XI, cl. 2(l)(2)(B): 5
(7) Rule XI, cl. 2(l)(6): 15
(8) Rule XIII, cl. 3: 1
(9) Rule XIII, cl. 7: 2
(10) Rule XVI, cl. 7: 19
(11) Rule XXI, cl. 2: 28
(12) Rule XXI, cl. 2(e): 3
(13) Rule XXI, cl. 5(a): 14
(14) Rule XXI, cl. 5(b): 3
(15) Rule XXI, cl. 5(c): 5
(16) Rule XXI, cl. 6: 26
(17) Rule XXI, cl. 7: 10
(18) Rule XLIX: 1
B. Statistics on Original Jurisdiction Measures
1. Full Committee
(a) Number of bills and resolutions referred: 221
(b) Number of measures referred to the subcommittees:
103
(1) Exclusive Referrals to Subcommittee on
Rules and Organization of the House: 61
(2) Exclusive Referrals to Subcommittee on
the Legislative and Budget Process: 41
(3) Joint referrals: 0
(c) Number of original jurisdiction measures heard by
full committee: 11
(d) Number of hearings and markups held by the full
committee: 16
(e) Number of measures reported by the full
committee: 10
(1) Disposition of measure reported:
(a) Measures adopted by the House: 9
(b) Measures reported and pending
floor action at adjournment: 0
(c) Resolutions rejected by the
House: 0
(d) Resolutions tabled by the House:
0
(e) Resolutions discharged from the
Committee: 1
2. Subcommittee on the Legislative and Budget Process
(a) Measures referred: 41
(b) Days of hearing and markup: 7
(c) Measures reported: 0
3. Subcommittee on Rules and Organization of the House
(a) Measures referred: 61
(b) Days of hearing and markup: 10
(c) Measures reported: 0
VII. APPENDICES
TABLE 1.--TYPES OF RULES GRANTED
Open:
H. Res. 38......................... H.R. 5................................. Unfunded Mandate Reform Act of
1995.
H. Res. 47......................... H. Res. 43............................. To Permit Committee Chairmen
to Schedule Hearings.
H. Res. 51......................... H.R. 101............................... To Transfer a parcel of land
to the Taos Pueblo Indians of
New Mexico.
H. Res. 52......................... H.R. 400............................... Anaktuvuk Pass Land Exchange
and Wilderness Redesignation
Act of 1995.
H. Res. 53......................... H.R. 440............................... To Provide for the conveyance
of lands to certain
individuals in Butte County,
California.
H. Res. 55......................... H.R. 2................................. Line Item Veto Act.
H. Res. 60......................... H.R. 665............................... Victim Restitution Act of
1995.
H. Res. 61......................... H.R. 666............................... Exclusionary Rule Reform Act
of 1995.
H. Res. 69......................... H.R. 668............................... Criminal Alien Deportation
Improvements Act of 1995.
H. Res. 91......................... H.R. 830............................... Paperwork Reduction Act of
1995.
H. Res. 100........................ H.R. 926............................... Regulatory Reform and Relief
Act of 1995.
H. Res. 125........................ H.R. 1271.............................. Family Privacy Protection Act
of 1995.
H. Res. 126........................ H.R. 660............................... Housing For Older Persons Act
of 1995.
H. Res. 136........................ H.R. 655............................... Hydrogen Future Act of 1995.
H. Res. 139........................ H.R. 1361.............................. Coast Guard Authorization Act,
FY 96.
H. Res. 140........................ H.R. 961............................... Clean Water Amendments of
1995.
H. Res. 144........................ H.R. 535............................... Corning National Fish Hatchery
Conveyance Act.
H. Res. 145........................ H.R. 584............................... Conveyance of the Fairport
National Fish Hatchery to the
State of Iowa.
H. Res. 146........................ H.R. 614............................... Conveyance of the New London
National Fish Hatchery
Production Facility.
H. Res. 167........................ H.R. 187............................... Military Construction
Appropriations, FY 96.
H. Res. 170........................ H.R. 1868.............................. Foreign Assistance
Appropriations, FY 96.
H. Res. 171........................ H.R. 1905.............................. Energy and Water
Appropriations, FY 96.
H. Res. 185........................ H.R. 1977.............................. Interior Appropriations, FY
96.
H. Res. 187........................ H.R. 1977.............................. Interior Appropriations, FY
96.
H. Res. 188........................ H.R. 1976.............................. Agriculture Appropriations, FY
96.
H. Res. 190........................ H.R. 2020.............................. Treasury, Postal
Appropriations, FY 96.
H. Res. 194........................ H.R. 2002.............................. Transportation Appropriations,
FY 96.
H. Res. 197........................ H.R. 70................................ Exports of Alaskan North Slope
Oil.
H. Res. 198........................ H.R. 2076.............................. Commerce, Justice, State
Appropriations, FY 96.
H. Res. 201........................ H.R. 2099.............................. VA, HUD Appropriations, FY 96.
H. Res. 205........................ H.R. 2126.............................. Defense Appropriations, FY 96.
H. Res. 208........................ H.R. 2127.............................. Labor, Health, Human Services,
and Education Appropriations,
FY 96.
H. Res. 215........................ H.R. 1594.............................. Restrictions on Promotion by
the Government of Use by
Employee Benefit Plans of
Economically Targeted
Investments.
H. Res. 218........................ H.R. 1162.............................. Deficit Reduction Lock-Box Act
of 1995.
H. Res. 219........................ H.R. 1670.............................. Federal Acquisition Reform Act
of 1995.
H. Res. 222........................ H.R. 1617.............................. Consolidated and Reformed
Education, Employment, and
Rehabilitation Systems Act.
H. Res. 224........................ H.R. 2274.............................. National Highway System
Designation Act of 1995.
H. Res. 226........................ H.R. 743............................... Teamwork for Employees and
Managers Act of 1995.
H. Res. 227........................ H.R. 1170.............................. Three Judge Court for Certain
Injunctions.
H. Res. 228........................ H.R. 1601.............................. International Space Station
Authorization Act of 1995.
H. Res. 234........................ H.R. 2405.............................. Omnibus Civilian Science
Authorization Act of 1995.
H. Res. 259........................ H.R. 2539.............................. ICC Termination Act of 1995.
H. Res. 269........................ H.R. 2564.............................. Lobby Disclosure Act of 1995.
H. Res. 284........................ H.R. 1788.............................. Amtrak Reform and
Privatization Act of 1995.
H. Res. 287........................ H.R. 1350.............................. Maritime Security Act of 1995.
H. Res. 303........................ H.R. 1745.............................. Utah Public Lands Management
Act of 1995.
H. Res. 313........................ H.R. 558............................... Texas Low-Level Radioactive
Waste Disposal Compact
Consent Act.
H. Res. 368........................ H.R. 994............................... Regulatory Sunset and Review
Act of 1995.
H. Res. 396........................ H.R. 842............................... Truth in Budgeting Act.
H. Res. 409........................ H.R. 2715.............................. Paperwork Elimination Act of
1996.
H. Res. 410........................ H.R. 1675.............................. National Wildlife Refuge
Improvement Act of 1995.
H. Res. 418........................ H.R. 2641.............................. U.S. Marshals Service
Improvement Act of 1996.
H. Res. 419........................ H.R. 2149.............................. Ocean Shipping Reform Act of
1995.
H. Res. 421........................ H.R. 2974.............................. Crimes Against Children and
Elderly Persons Increased
Punishment Act.
H. Res. 422........................ H.R. 3120.............................. Amending Title 18, United
States Code, with respect to
Witness Retaliation, Witness
Tampering, and Jury
Tampering.
H. Res. 426........................ H.R. 2406.............................. United States Housing Act of
1996.
H. Res. 427........................ H.R. 3322.............................. Omnibus Civilian Science
Authorization Act of 1996.
H. Res. 442........................ H.R. 3517.............................. Military Construction
Appropriations, FY 97.
H. Res. 445........................ H.R. 3540.............................. Foreign Assistance
Appropriations, FY 97.
H. Res. 451........................ H.R. 3603.............................. Agriculture Appropriations, FY
97.
H. Res. 453........................ H.R. 3610.............................. Defense Appropriations, FY 97.
H. Res. 455........................ H.R. 3662.............................. Interior Appropriations, FY
97.
H. Res. 456........................ H.R. 3666.............................. VA, HUD Appropriations, FY 97.
H. Res. 460........................ H.R. 3675.............................. Transportation Appropriations,
FY 97.
H. Res. 472........................ H.R. 3755.............................. Labor, Health, Human Services,
and Education Appropriations,
FY 97.
H. Res. 475........................ H.R. 3756.............................. Treasury, Postal
Appropriations, FY 97.
H. Res. 479........................ H.R. 3814.............................. Commerce, Justice, State
Appropriations, FY 97.
H. Res. 483........................ H.R. 3816.............................. Energy and Water
Appropriations, FY 97.
H. Res. 516........................ H.R. 3719.............................. Small Business Programs
Improvement Act of 1996
Modified open--time cap:
H. Res. 63......................... H.R. 667............................... Violent Criminal Incarceration
Act of 1995.
H. Res. 79......................... H.R. 728............................... Local Law Enforcement Block
Grants Act.
H. Res. 83......................... H.R. 7................................. National Security
Revitalization Act of 1995.
H. Res. 93......................... H.R. 450............................... Regulatory Transition Act of
1995.
H. Res. 96......................... H.R. 1022.............................. Risk Assessment and Cost
Benefit Act of 1995.
H. Res. 103........................ H.R. 1058.............................. Securities Litigation Reform
Act.
H. Res. 104........................ H.R. 988............................... Attorney Accountability Act of
1995.
H. Res. 105........................ H.R. 1058.............................. Securities Litigation Reform
Act.
H. Res. 252........................ H.R. 2546.............................. District of Columbia
Appropriations, FY 96.
Modified open--pre-printing:
H. Res. 189........................ H.R. 1977.............................. Interior Appropriations, FY
96.
H. Res. 216........................ H.R. 1655.............................. Intelligence Authorization, FY
96.
H. Res. 437........................ H.R. 3259.............................. Intelligence Authorization, FY
97.
Modified open--time cap and preprinting:
H. Res. 101........................ H.R. 925............................... Private Property Protection
Act of 1995.
H. Res. 115........................ H.R. 1158; H.R. 1159................... Emergency Supplemental
Appropriations for Additional
Disaster Assistance and
Making Rescissions for 1995;
Supplemental Appropriations
and Rescissions, 1995.
H. Res. 155........................ H.R. 1561.............................. American Overseas Interests
Act of 1995.
H. Res. 156........................ H.R. 1561.............................. American Overseas Interests
Act of 1995.
H. Res. 488........................ H.R. 2391.............................. Working Families Flexibility
Act.
Structured or modified closed:
H. Res. 44......................... H.J. Res.1; H.Con.Res. 17.............. Balanced Budget Constitutional
Amendment; Relating to the
Treatment of Social Security.
H. Res. 88......................... H.R. 831............................... Permanent Extension of
Deduction for Health
Insurance Costs of Self-
Employed Individuals.
H. Res. 92......................... H.R. 889............................... Making Emergency Supplemental
Appropriations and
Rescissions to Preserve and
Enhance Military Readiness.
H. Res. 108........................ H.R. 956............................... Common Sense Legal Standards
Reform Act of 1995.
H. Res. 109........................ H.R. 956............................... Common Sense Legal Standards
Reform Act of 1995.
H. Res. 116........................ H.J.Res. 73............................ Term Limits Constitutional
Amendments.
H. Res. 119........................ H.R. 4................................. Personal Responsibility Act of
1995.
H. Res. 128........................ H.R. 1215.............................. Contract With America Tax
Relief Act of 1995.
H. Res. 130........................ H.R. 483............................... Medicare Select Extension.
H. Res. 149........................ H.Con.Res. 67.......................... Concurrent Resolution on the
Budget, FY 96.
H. Res. 164........................ H.R. 1530.............................. National Defense Authorization
Act, FY 96.
H. Res. 169........................ H.R. 1854.............................. Legislative Branch
Appropriations, FY 96.
H. Res. 176........................ H.R. 1944.............................. Making Emergency Supplemental
Appropriations, Disaster
Assistance, FY 95.
H. Res. 177........................ H.R. 1868.............................. Foreign Assistance
Appropriations, FY 96.
H. Res. 204........................ S. 21.................................. Bosnia and Herzegovina Self
Defense Act of 1995.
H. Res. 207........................ H.R. 1555.............................. Communications Act of 1995.
H. Res. 225........................ H.R. 927............................... Cuban Liberty and Democratic
Solidarity Act of 1995.
H. Res. 237........................ H.R. 2259.............................. Disapproving of Certain
Sentencing Guidelines
Amendments.
H. Res. 238........................ H.R. 2425.............................. Medicare Preservation Act of
1995.
H. Res. 245........................ H.R. 2491/H.Con.Res. 109............... Seven-Year Balanced Budget
Reconciliation Act of 1995.
H. Res. 258........................ H.R. 2586.............................. Temporary Increase in Public
Debt Limit.
H. Res. 268........................ H. Res. 250............................ Amending the Rules of the
House to provide for Gift
Reform.
H. Res. 273........................ H.R. 2606.............................. Prohibition on Use of Funds
for Bosnia Deployment.
H. Res. 322........................ H. Res. 299............................ Amending House Rules Regarding
Outside Income.
H. Res. 366........................ H.R. 2854.............................. Agricultural Market Transition
Act.
H. Res. 372........................ H.R. 3019.............................. Further Downpayment Toward a
Balanced Budget.
H. Res. 380........................ H.R. 2703.............................. Effective Death Penalty and
Public Safety Act of 1996.
H. Res. 384........................ H.R. 2202.............................. Immigration in the National
Interest Act.
H. Res. 392........................ H.R. 3103.............................. Health Coverage Availability &
Affordability Act of 1996.
H. Res. 395........................ H.J.Res. 159........................... Tax Limitation Constitutional
Amendment.
H. Res. 428........................ H.R. 3286.............................. Adoption Promotion & Stability
Act of 1996.
H. Res. 430........................ H.R. 3230.............................. National Defense Authorization
Act of FY 97.
H. Res. 435........................ H.Con.Res. 178......................... Concurrent Resolution on the
Budget, FY 97.
H. Res. 438........................ H.R. 3144.............................. Defend America Act of 1996.
H. Res. 440........................ H.R. 3448/H.R. 1227.................... Small Business Job Protection
and Commuting Flexibility
Act.
H. Res. 446........................ H.R. 3562.............................. Wisconsin Works Waiver
Approval Act.
H. Res. 448........................ H.R. 2754.............................. Shipbuilding Trade Agreement
Act.
H. Res. 473........................ H.R. 3754.............................. Legislative Branch
Appropriations, FY 97.
H. Res. 474........................ H.R. 3396.............................. Defense of Marriage Act.
H. Res. 481........................ H.R. 3760.............................. Campaign Finance Reform Act of
1996.
H. Res. 482........................ H.R. 3734.............................. Personal Responsibility Act of
1996.
H. Res. 489........................ H.R. 2823.............................. International Dolphin
Conservation Program Act.
H. Res. 499........................ H.R. 123............................... English Language Empowerment
Act of 1996.
H. Res. 517........................ H.R. 3308.............................. United States Armed Forces
Protection Act of 1996.
Closed:
H. Res. 173........................ H.J.Res. 79............................ Flag Desecration.
H. Res. 193........................ H.R. 2058/H.J.Res. 96.................. Disapproval of Most-Favored
Nation Treatment for China.
H. Res. 230........................ H.J.Res. 108........................... Continuing Appropriations, FY
96.
H. Res. 239........................ H.R. 2492.............................. Legislative Branch
Appropriations, FY 96.
H. Res. 251........................ H.R. 1833.............................. Partial-Birth Abortion Ban Act
of 1995.
H. Res. 257........................ H.J. Res. 115.......................... Further Continuing
Appropriations, FY 96.
H. Res. 261........................ H.J. Res. 115.......................... Further Continuing
Appropriations, FY 96.
H. Res. 262........................ H.R. 2586.............................. Temporary Increase in Public
Debt Limit.
H. Res. 270........................ H.J. Res. 122.......................... Further Continuing
Appropriations, FY 96.
H. Res. 293........................ H.R. 2621.............................. To Enhance the Public Debt and
to Protect the Social
Security Trust Fund and Other
Federal Trust Funds and
Accounts Invested in Public
Debt Obligations.
H. Res. 304........................ H.R. 2770.............................. U.S. Troop Deployment in
Bosnia.
H. Res. 309........................ H. Con. Res. 122....................... Revised Budget Resolution.
H. Res. 317........................ H.J. Res. 134.......................... Making Further Continuing
Appropriations for Veterans'
Benefits.
H. Res. 323........................ H.R. 2677.............................. National Parks and National
Wildlife Refuge Systems
Freedom Act.
H. Res. 355........................ H.R. 2924.............................. Social Security Guarantee Act.
H. Res. 371........................ H.R. 3021.............................. Continuing Guarantee of Social
Security.
H. Res. 386........................ H.J. Res. 165.......................... Further Continuing
Appropriations, FY 96.
H. Res. 388........................ H.R. 125............................... Gun Crime Enforcement and
Second Amendment Restoration
Act of 1996.
H. Res. 391........................ H.R. 3136.............................. Contract With America
Advancement Act of 1996.
H. Res. 411........................ H.J. Res. 175.......................... Further Continuing
Appropriations, FY 96.
H. Res. 436........................ H.R. 3415.............................. Repeal of 4.3 cent Increase in
Transportation Fuels Taxes.
H. Res. 463........................ H.J. Res. 182/H. Res. 461.............. Disapproval of Most Favored
Nation trade status for
China, FY 96/Regarding the
People's Republic of China.
H. Res. 530........................ H.R. 4134.............................. Authorizing states to deny
public education benefits to
certain aliens not lawfully
present in the United States.
Conference Reports:
H. Res. 121........................ H.R. 831............................... Conference Report on the
Permanent Extension of
Deduction for Health
Insurance Costs of Self-
Employed Individuals.
H. Res. 129........................ H.R. 889............................... Conference Report Making
Emergency Supplemental
Appropriations for the
Department of Defense, FY 95.
H. Res. 151........................ H.R. 1158.............................. Conference Report on the
Emergency Supplemental
Appropriations for Additional
Disaster Assistance and
Making Rescissions, FY 95.
H. Res. 175........................ H. Con. Res. 67........................ Conference Report on the
Concurrent Resolution on the
Budget, FY 96.
H. Res. 180........................ H. R. 483.............................. Conference Report on the
Extension of Medicare Select
Policies.
H. Res. 206........................ H. R. 1854............................. Conference Report on the
Legislative Branch
Appropriations, FY 96.
H. Res. 223........................ H. R. 1817............................. Conference Report on the
Military Construction
Appropriations, FY 96.
H. Res. 231........................ H.R. 1977.............................. Conference Report on the
Interior Appropriations, FY
96.
H. Res. 232........................ H.R. 2126.............................. Conference Report on the
Defense Appropriations, FY
96.
H. Res. 235........................ H.R. 1976.............................. Conference Report on the
Agriculture Appropriations,
FY 96.
H. Res. 241........................ H.R. 2002.............................. Conference Report on the
Transportation
Appropriations, FY 96.
H. Res. 248........................ H.R. 1905.............................. Conference Report on the
Energy and Water
Appropriations, FY 96.
H. Res. 249........................ H.R. 1868.............................. Conference Report on the
Foreign Assistance
Appropriations, FY 96.
H. Res. 253........................ H.R. 1977.............................. Conference Report on the
Interior Appropriations, FY
96.
H. Res. 256........................ S. 395................................. Conference Report on the
Alaska Power Administration
Sale Act.
H. Res. 267........................ H.R. 2020.............................. Conference Report on the
Treasury Postal
Appropriations, FY 96.
H. Res. 271........................ H.R. 2126.............................. Conference Report on the
Defense Appropriations, FY
96.
H. Res. 272........................ H.R. 2491.............................. Conference Report on the
Balanced Budget Act of 1995.
H. Res. 280........................ H.R. 2099.............................. Conference Report on the VA,
HUD Appropriations, FY 96.
H. Res. 289........................ H.R. 2076.............................. Conference Report on the
Commerce, Justice, State,
Judiciary Appropriations, FY
96.
H. Res. 290........................ H.R. 1058.............................. Conference Report on
Securities Litigation Reform.
H. Res. 291........................ H.R. 2099.............................. Conference Report on the VA,
HUD Appropriations, FY 96.
H. Res. 301........................ H.R. 1977.............................. Conference Report on the
Interior Appropriation, FY
96.
H. Res. 307........................ H.R. 1530.............................. Conference Report on the
National Defense
Authorization Act, FY 96.
H. Res. 312........................ H.R. 2539.............................. Conference Report on the ICC
Termination Act of 1995.
H. Res. 318........................ H.R. 1655.............................. Conference Report on the
Intelligence Authorization
Act, FY 96.
H. Res. 319........................ H.R. 4................................. Conference Report on the
Personal Responsibility and
Work Opportunity Act of 1995.
H. Res. 340........................ S. 1124................................ Conference Report on the
National Defense
Authorization Act, FY 96.
H. Res. 351........................ H.R. 2546.............................. Conference Report on the
District of Columbia
Appropriations, FY 96.
H. Res. 353........................ S. 652................................. Conference Report on the
Telecommunications Act of
1996.
H. Res. 370........................ H.R. 927............................... Conference Report on the Cuban
Liberty and Democratic
Solidarity Liberty Act of
1995.
H. Res. 375........................ H.R. 1561.............................. Conference Report on the
Foreign Relations
Authorization Act, FY 96 and
97.
H. Res. 393........................ H.R. 2854.............................. Conference Report on the
Federal Agricultural
Improvement and Reform Act of
1996.
H. Res. 394........................ H.R. 956............................... Conference Report on the
Common Sense Product
Liability Legal Reform Act of
1996.
H. Res. 405........................ S. 735................................. Conference Report on the
Terrorism Prevention Act.
H. Res. 415........................ H.R. 3019.............................. Conference Report on the
further Omnibus Continuing
Appropriations, FY 96.
H. Res. 450........................ H. Con. Res. 178....................... Conference Report on the
Concurrent Resolution on the
Budget, FY 97.
H. Res. 495........................ H.R. 3734.............................. Conference Report on the
Personal Responsibility and
Work Opportunity
Reconciliation Act of 1996.
H. Res. 496........................ H.R. 3603.............................. Conference Report on the
Agriculture Appropriations,
FY 97.
H. Res. 497........................ H.R. 3517.............................. Conference Report on the
Military Construction
Appropriations, FY 97.
H. Res. 498........................ H.R. 3230.............................. Conference Report on the
National Defense
Authorization Act, FY 97.
H. Res. 502........................ H.R. 3103.............................. Conference Report on the
Health Insurance Portability
and Accountability Act of
1996.
H. Res. 503........................ H.R. 3448.............................. Conference Report on the Small
Business Job Protection Act
of 1996.
H. Res. 507........................ S. 1316................................ Conference Report on the Safe
Drinking Water Act Amendments
of 1996.
H. Res. 522........................ H.R. 3675.............................. Conference Report on the
Transportation
Appropriations, FY 97.
H. Res. 528........................ H.R. 2202.............................. Conference Report on the
Illegal Immigration Reform
and Immigrant Responsibility
Act of 1996.
H. Res. 529........................ H.R. 3259.............................. Conference Report on the
Intelligence Authorization
Act of 1997.
H. Res. 536........................ H.R. 1296.............................. Conference Report on the
Omnibus Parks and Public
Lands Management Act of 1996.
H. Res. 540........................ H.R. 3539.............................. Conference Report on the
Federal Aviation
Authorization Act of 1996.
Providing for general debate only:
H. Res. 108........................ H.R. 956............................... Common Sense Legal Standards
Reform Act of 1995.
H. Res. 117........................ H.R. 4................................. Personal Responsibility Act of
1995.
H. Res. 376........................ H.R. 2703.............................. Effective Death Penalty and
Public Safety Act.
SPECIAL PROCEDURES
Waiving two-thirds requirement (Rule XI, clause 4 (b) generally prohibiting calling up a rule on the same day it
is reported from the Rules Committee except by a two-thirds vote):
H. Res. 260........................ ....................................... Rules reported on or before
November 13, 1995, for
consideration of a measure,
amendment, conference report
or amendment reported in
disagreement from a
conference on: (1) a bill or
joint resolution making
further continuing
appropriations for FY 1996,
and (2) a bill or joint
resolution increasing or
waiving the public debt
limit.
H. Res. 265........................ ....................................... Rules reported on or before
November 23, 1995, for
consideration of a measure,
amendment, conference report
or amendment reported in
disagreement from a
conference on any bill or
joint resolution making
further continuing
appropriations for FY 1996.
H. Res. 276........................ H.R. 2491.............................. Rules reported on or before
November 23, 1995, for
consideration of a measure,
amendment, conference report
or amendment reported in
disagreement from a
conference on: (1) the budget
reconciliation bill for FY
1996 and (2) any measure
making general appropriations
for FY 1996.
H. Res. 297........................ ....................................... Rules reported during the
remainder of the first
session of the 104th Congress
for consideration of a
measure, amendment,
conference report, or
amendment reported in
disagreement from a
conference relating to the
following: (1) a bill making
general appropriations for FY
1996; (2) a bill or joint
resolution making further
continuing appropriations for
FY 1996; (3) a bill or joint
resolution increasing or
waiving the public debt
limit; (4) a bill to provide
for a balanced budget by
2002; and (5) a bill or
resolution relating to the
deployment of United States
Armed Forces in and around
the territory of the Republic
of Bosnia and Herzegovina.
H. Res. 330........................ ....................................... Rules reported before January
24, 1996, for consideration
of a measure, amendment,
conference report or
amendment reported in
disagreement from a
conference on: (1) a bill
making general appropriations
for FY 1996, (2) a bill or
joint resolution including
provisions making further
continuing appropriations for
FY 1996, (3) a bill or joint
resolution including
provisions increasing or
waiving the public debt
limit, and (4) a bill
providing for a balanced
budget by the year 2002. (See
also the miscellaneous
category.)
H. Res. 342........................ ....................................... Rules reported before March
16, 1996, for consideration
of a measure, amendment,
conference report or
amendment reported in
disagreement from a
conference on: (1) a bill
making general appropriations
for FY 1996, (2) a bill or
joint resolution including
provisions making further
continuing appropriations for
FY 1996, and (3) a bill or
joint resolution including
provisions increasing or
waiving the public debt
limit.
H. Res. 412........................ ....................................... Rules reported before April
27, 1996, for consideration
of a measure, amendment,
conference report or
amendment reported in
disagreement from a
conference on: (1) a bill
making general appropriations
for FY 1996, and (2) a bill
or joint resolution including
provisions making further
continuing appropriations for
FY 1996.
H. Res. 492........................ H.R. 3734.............................. Conference Report on the
Personal Responsibility Act
of 1996.
H. Res. 500........................ H.R. 3103.............................. Rule reported before August 2,
1996, for consideration of
the conference report on the
Health Insurance Portability
and Accountability Act.
H. Res. 525........................ ....................................... Rules reported for the
remainder of the 104th
Congress, for consideration
of a measure, amendment,
conference report or
amendment reported in
disagreement from a
conference on: (1) a bill or
joint resolution making
general appropriations for FY
1996, and (2) a bill or joint
resolution including
provisions making further
continuing appropriations for
FY 1997. Suspensions in order
for the remainder of the
104th Congress, with one hour
notice.
H. Res. 386........................ H.J. Res. 165.......................... Further Continuing
Appropriations, FY 96.
Make in order suspensions on special days:
H. Res. 275........................ ....................................... Suspensions in order on
Saturday, November 18, 1995,
with one hour notice.
H. Res. 508........................ H.R. 3953.............................. Suspension in order on Friday,
August 2, 1996, for a bill or
joint resolution relating to
combating terrorism.
H. Res. 525........................ ....................................... Suspensions in order for the
remainder of the 104th
Congress, with one hour
notice. (See also waiving two-
thirds category requirement.)
Most votes wins procedure:
H. Res. 44......................... H.J. Res. 1; H. Con. Res. 17........... Balanced Budget Constitutional
Amendment; Relating to the
Treatment of Social Security
H. Res. 116........................ H.J. Res. 73........................... Term Limits Constitutional
Amendments.
H. Res. 119........................ H.R. 4................................. Personal Responsibility Act of
1995.
Senate hook-up:
H. Res. 147........................ S. 4................................... Line Item Veto.
H. Res. 148........................ S. 219................................. Regulatory Transition Act of
1995.
H. Res. 197........................ H.R. 70................................ Exports of Alaskan North Slope
Oil.
H. Res. 207........................ H.R. 1555.............................. Communications Act of 1995.
H. Res. 237........................ H.R. 2259.............................. Disapproval of Certain
Sentencing, Guideline
Amendments.
H. Res. 269........................ H.R. 2564.............................. Lobby Disclosure Act of 1995.
H. Res. 368........................ H.R. 994............................... Regulatory Sunset and Review
Act of 1995.
H. Res. 380........................ H.R. 2703.............................. Effective Death Penalty and
Public Safety Act of 1996.
H. Res. 418........................ H.R. 2641.............................. U.S. Marshals Service
Improvement Act of 1996.
H. Res. 426........................ H.R. 2406.............................. United States Housing Act of
1996.
Disposition of Senate amendments:
H. Res. 249........................ H.R. 1868.............................. Conference Report on the
Foreign Assistance
Appropriations, FY 96.
H. Res. 261........................ H.J. Res. 115.......................... Further Continuing
Appropriations, FY 96.
H. Res. 262........................ H.R. 2586.............................. Temporary Increase in Public
Debt Limit.
H. Res. 267........................ H.R. 2020.............................. Conference Report on the
Treasury Postal
Appropriations, FY 96.
H. Res. 279........................ H.R. 2491.............................. Budget Reconciliation, FY 96.
H. Res. 280........................ H.R. 2099.............................. Conference Report on the VA,
HUD Appropriations, FY 96.
H. Res. 291........................ H.R. 2099.............................. Conference Report on the VA,
HUD Appropriations, FY 96.
H. Res. 296........................ H.R. 1868.............................. Foreign Operations
Appropriations, FY 96.
H. Res. 334........................ H.R. 1643.............................. Most Favored Nation treatment
for Bulgaria.
H. Res. 336........................ H.J. Res. 134/H. Con. Res. 131......... Making continuing
appropriations, FY 96/
Establishing procedures
making the transmission of
the continuing resolution
(H.J. Res. 134) to the
President contingent upon the
submission by the President
of a seven-year balanced
budget using updated economic
and technical assumption of
the Congressional Budget
Office.
H. Res. 338........................ H.R. 1358.............................. Conveyance of National Marine
Fisheries Service laboratory
at Gloucester, Massachusetts.
H. Res. 389........................ H.R. 1833.............................. Partial-Birth Abortion Ban Act
of 1995.
Chairman's en bloc authority:
H. Res. 119........................ H.R. 4................................. Personal Responsibility Act of
1995.
H. Res. 164........................ H.R. 1530.............................. National Defense Authorization
Act, FY 96.
H. Res. 366........................ H.R. 2854.............................. Agricultural Market Transition
Act.
H. Res. 380........................ H.R. 2703.............................. Effective Death Penalty and
Public Safety Act of 1996.
H. Res. 384........................ H.R. 2202.............................. Immigration in the National
Interest Act.
H. Res. 430........................ H.R. 3230.............................. National Defense Authorization
Act, FY 97.
Self executing amendments:
H. Res. 185........................ H.R. 1977.............................. Interior Appropriations, FY
96.
H. Res. 187........................ H.R. 1977.............................. Interior Appropriations, FY
96.
H. Res. 205........................ H.R. 2126.............................. Defense Appropriations, FY 96.
H. Res. 234........................ H.R. 2405.............................. Omnibus Science Authorization
Act of 1995.
H. Res. 237........................ H.R. 2259.............................. Disapproval of Certain
Sentencing Guideline
Amendments.
H. Res. 251........................ H.R. 1833.............................. Partial-Birth Abortion Ban Act
of 1995.
H. Res. 293........................ H.R. 2621.............................. To Enforce the Public Debt and
to Protect the Social
Security Trust Fund and Other
Federal Trust Funds and
Accounts Invested in Public
Debt Obligations.
H. Res. 323........................ H.R. 2677.............................. National Parks and National
Wildlife Refuge Systems
Freedom Act.
H. Res. 372........................ H.R. 3019.............................. Further Downpayment Toward a
Balanced Budget.
H. Res. 388........................ H.R. 125............................... Gun Crime Enforcement and
Second Amendment Restoration
Act of 1996.
H. Res. 391........................ H.R. 3136.............................. Contract With America
Advancement Act of 1996.
H. Res. 395........................ H.J.Res. 159........................... Tax Limitation Constitutional
Amendment.
H. Res. 411........................ H.J.Res. 175........................... Further Continuing
Appropriations, FY 96.
H. Res. 436........................ H.R. 3415.............................. Repeal of 4.3 cent Increase in
Transportation Fuels Taxes.
H. Res. 440........................ H.R. 3448.............................. Small Business Job Protection
Act and Use of Employer
Vehicles.
H. Res. 446........................ H.R. 3562.............................. Wisconsin Works Waiver
Approval Act.
H. Res. 455........................ H.R. 3662.............................. Interior Appropriations, FY
97.
Makes in order original text with modifications:
H. Res. 69......................... H.R. 668............................... Criminal Alien Deportation
Improvements Act of 1995.
H. Res. 164........................ H.R. 1530.............................. National Defense Authorization
Act, FY 96.
H. Res. 216........................ H.R. 1655.............................. Intelligence Authorization
Act, FY 96.
H. Res. 238........................ H.R. 2425.............................. Medicare Preservation Act of
1995.
H. Res. 245........................ H.R. 2491/ H.Con.Res. 109.............. Seven-Year Balanced Budget
Reconciliation Act of 1995.
H. Res. 258........................ H.R. 2586.............................. Temporary Increase in the
Public Debt Limit.
H. Res. 284........................ H.R. 1788.............................. Amtrak Reform and
Privatization Act of 1995.
H. Res. 384........................ H.R. 2202.............................. Immigration in the National
Interest Act.
H. Res. 392........................ H.R. 3103.............................. Health Coverage Availability &
Affordability Act of 1996.
H. Res. 448........................ H.R. 2754.............................. Shipbuilding Trade Agreement
Act.
Miscellaneous:
H. Res. 391........................ H.R. 3136.............................. Contract With America
Advancement Act.
H. Res. 336........................ H.J.Res. 134/H. Con. Res. 131.......... Making continuing
appropriations, FY 96/
Establishing procedures
making the transmission of
the continuing resolution
(H.J. Res. 134) to the
President contingent upon the
submission by the President
of a seven-year balanced
budget using updated economic
and technical assumption of
the Congressional Budget
Office.
H. Res. 179........................ S. Con. Res. 20........................ Adjournment resolution for
Independence Day district
work period, 1995.
H. Res. 310........................ ....................................... Expediting the commencement of
committee hearings during the
remainder of the first
session of the 104th
Congress.
H. Res. 320........................ ....................................... Authorizing the Speaker to
declare recesses from
December 23, 1995 through
December 27,1995.
H. Res. 330........................ ....................................... Authorizing the Speaker to
declare recesses from January
5, 1996 through January 9,
1996, and during three day
periods thereafter (excluding
Sundays) until calendar day
January 23, 1996. (See also
the waiving two-thirds
requirement category.)
H. Res. 352........................ ....................................... Authorizing the Speaker to
declare recesses of not more
than three days (excluding
Sundays) from February 2,
1996 through February 26,
1996.
H. Res. 465........................ H. Con. Res. 192....................... Adjournment Resolution for
Independence Day district
work period, 1996.
H. Res. 546........................ H. Res. 551/552........................ Certain resolutions in
preparation for the
adjournment of the 104th
Congress sine die.
TABLE 2.--RESOLUTIONS REPORTED
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rule Bill Floor action Date Manager
--------------------------------------------------------------------------------------------------------------------------------------------------------
H. Res. 38, H. Rpt. 104-2................. H.R. 5............................ Unfunded Mandate Reform Act
of 1995.
Reported from Rules.......... 1/18/95 Dreier/Moakley
Rule Adopted 350-71.......... 1/19/95
H. Res. 44, H. Rpt. 104-4................. H. Con. Res 17, H.J. Res. 1....... Balanced Budget
Constitutional Amendment;
Relating to the treatment of
Social Security.
Reported from Rules.......... 1/24/95 Solomon/Moakley
Previous Question 233-196.... 1/25/95
Rule adopted 255-172......... 1/25/95
H. Res. 47, H. Rpt. 104-6................. H. Res. 43........................ To Permit Committee Chairmen
to Schedule Hearing.
Reported from Rules.......... 1/27/95 Solomon/Moakley
Laid on the table............ 1/31/95
H. Res. 51, H. Rpt. 104-12................ H.R. 101.......................... To transfer a parcel of land
to the Taos Pueblo Indians
of New Mexico.
Reported from Rules.......... 1/31/95 Waldholtz/Frost
Rule Adopted Voice Vote...... 2/1/95
H. Res. 52, H. Rpt. 104-13................ H.R. 400.......................... Anaktuvuk Pass Land Exchange
and Wilderness Redesignation
Act of 1995.
Reported from Rules.......... 1/31/95 McInnis/Hall
Rule Adopted Voice Vote...... 2/1/95
H. Res. 53, H. Rpt. 104-14................ H.R. 440.......................... To Provide for the conveyance
of lands to certain
individuals in Butte County,
California.
Reported from Rules.......... 1/31/95 Linder/Beilenson
Rule Adopted Voice Vote...... 2/1/95
H. Res. 55, H. Rpt. 104-15................ H.R. 2............................ Line Item Veto Act...........
Reported from Rules.......... 2/1/95 Goss/Beilenson
Rule Adopted Voice Vote...... 2/2/95
H. Res. 60, H. Rpt. 104-19................ H.R. 665.......................... Victim Restitution Act of
1995.
Reported from Rules.......... 2/6/95 Pryce/Hall
Rule Adopted Voice Vote...... 2/7/95
H. Res. 61, H. Rpt. 104-20................ H.R. 666.......................... Exclusionary Rule Reform Act
of 1995.
Reported from Rules.......... 2/6/95 Diaz-Balart/Beilenson
Rule Adopted Voice Vote...... 2/7/95
H. Res. 63, H. Rpt. 104-25................ H.R. 667.......................... Violent Criminal
Incarceration Act of 1995.
Reported from Rules.......... 2/8/95 Quillen/Beilenson
Rule Adopted Voice Vote...... 2/9/95
H. Res. 69, H. Rpt. 104-26................ H.R. 668.......................... Criminal Alien Deportation
Improvement Act of 1995.
Reported from Rules.......... 2/9/95 Solomon/Beilenson
Rule Adopted Voice Vote...... 2/10/95
H. Res. 79, H. Rpt. 104-27................ H.R. 728.......................... Local Law Enforcement Block
Grants Act.
Reported from Rules.......... 2/10/95 Solomon/Beilenson
Rule Adopted Voice Vote...... 2/13/95
H. Res. 83, H. Rpt. 104-31................ H.R. 7............................ National Security
Revitalization Act of 1995.
Reported from Rules.......... 2/13/95 Solomon/Hall
Previous Question 229-199.... 2/15/95
Rule Adopted 227-197......... 2/15/95
H. Res. 88, H. Rpt. 104-38................ H.R. 831.......................... To Permanently Extend the
Health Insurance Deduction
for the Self-Employed.
Reported from Rules.......... 2/16/95 Quillen/Moakley
Previous Question 230-191.... 2/21/95
Rule Adopted 229-188......... 2/21/95
H. Res. 91, H. Rpt. 104-43................ H.R. 830.......................... Paperwork Reduction Act of
1995.
Reported from Rules.......... 2/21/95 Linder/Beilenson
Rule Adopted Voice Vote...... 2/22/95
H. Res. 92, H. Rpt. 104-44................ H.R. 889.......................... Making Emergency Supplemental
Appropriations and
Recissions to Preserve and
Enhance Military Readiness.
Reported from Rules.......... 2/21/95 Dreier/Frost
Rule Adopted 282-144......... 2/22/95
H. Res. 93, H. Rpt. 104-45................ H.R. 450.......................... Regulatory Transition Act of
1995.
Reported from Rules.......... 2/22/95 Goss/Moakley
Rule Adopted 252-175......... 2/23/95
H. Res. 96, H. Rpt. 104-51................ H.R. 1022......................... Risk Assessment and Cost
Benefit Act of 1995.
Report from Rules............ 2/24/95 Diaz-Balart/Beilenson
Rule Adopted 253-165......... 2/27/95
H. Res. 100, H. Rpt. 104-52............... H.R. 926.......................... Regulatory Reform and Relief
Act of 1995.
Report from Rules............ 2/27/95 McInnis/Hall
Rule Adopted Voice Vote...... 2/28/95
H. Res. 101, H. Rpt. 104-61............... H.R. 925.......................... Private Property Protection
Act of 1995.
Report from Rules............ 2/28/95 Waldholtz/Beilenson
Rule Adopted 271-151......... 3/2/95
H. Res. 103, H. Rpt. 104-65............... H.R. 1058......................... Securities Litigation Act....
Reported from Rules.......... 3/3/95 Dreier/Frost
Laid on the table............ 3/7/95
H. Res. 104, H. Rpt. 104-66............... H.R. 988.......................... Attorney Accountability Act
of 1995.
Reported from Rules.......... 3/3/95 Goss/Hall
Rule Adopted Voice Vote...... 3/6/95
H. Res. 105, H. Rpt. 104-68............... H.R. 1058......................... Securities Litigation Reform
Act.
Reported from Rules.......... 3/6/95 Dreier/Frost
Rule Adopted 257-155-1 3/7/95
present.
H. Res. 108, H. Rpt. 104-69............... H.R. 956.......................... Common Sense Legal Standards
Reform Act of 1995.
Reported from Rules.......... 3/7/95 Linder/Frost
Rule Adopted Voice Vote...... 3/8/95
H. Res. 109, H. Rpt. 104-72............... H.R. 956.......................... Common Sense Legal Standards
Reform Act of 1995.
Reported from Rules.......... 3/8/95 Linder/Frost
Previous Question 234-191.... 3/9/95
Rule Adopted 247-181......... 3/9/95
H. Res. 115, H. Rpt. 104-78............... H.R. 1158......................... Emergency Supplemental
Appropriations for
Additional Disaster
Assistance and Making
Rescissions for 1995.
Reported from Rules.......... 3/14/95 Dreier/Moakley
H. Res. 116, H. Rpt. 104-82............... H.J. Res. 73...................... Rule Adopted 242-190......... 3/15/95
Term Limits Constitutional
Amendments.
Reported from Rules.......... 3/15/95 Goss/Beilenson
Rule Adopted Voice Vote...... 3/28/95
Personal Responsibility Act
of 1995.
H. Res. 117, H. Rpt. 104-83............... H.R. 4............................ Reported from Rules.......... 3/16/95 Solomon/Beilenson
Rule Adopted Voice Vote...... 3/21/95
Personal Responsibility Act
of 1995.
Reported from Rules.......... 3/21/95 Solomon/Hall
H. Res. 119, H. Rpt. 104-85............... H.R. 4............................ Rule Adopted 217-211......... 3/22/95
Conference Report on the
Permanent Extension of
deduction for health
insurance costs of self-
employed individuals.
H. Res. 121, H. Rpt. 104-93............... H.R. 831.......................... Reported from Rules.......... 3/29/95 Quillen/Frost
Previous question 224-201.... 3/29/95
Rule Adopted 244-178......... 3/30/95
H. Res. 125, H. Rpt. 104-97............... H.R. 1271......................... Family Privacy Protection Act
of 1995.
Reported from Rules.......... 4/3/95 McInnis/Beilenson
Rule Adopted 423-1........... 4/4/95
H. Res. 126, H. Rpt. 104-98............... H.R. 660.......................... Housing for Older Persons Act
of 1995.
Reported from Rules.......... 4/3/95 Diaz-Balart/Hall
Rule Adopted Voice Vote...... 4/6/95
H. Res. 128, H. Rpt. 104-100.............. H.R. 1215......................... Contract With America Tax
Relief Act of 1995.
Reported from Rules.......... 4/4/95 Solomon/Moakley
Previous Question 230-203.... 4/5/95
Rule Adopted 228-204......... 4/5/95
H. Res. 129, H. Rpt. 104-102.............. H.R. 889.......................... Conference Report on
Emergency Supplemental
Appropriations and
Recissions for the
Department of Defense to
Preserve and Enhance
Military Readiness 1995.
Reported from Rules.......... 4/5/95 Dreier/Beilenson
Rule Adopted Voice Vote...... 4/6/95
H. Res. 130, H. Rpt. 104-103.............. H.R. 483.......................... Medicare Select Extension....
Reported from Rules.......... 4/5/95 Pryce/Moakley
Rule Adopted 253-172......... 4/7/95
H. Res. 136, H. Rpt. 104-108.............. H.R. 655.......................... Hydrogen Future Act of 1995..
Reported from Rules.......... 5/1/95 Quillen/Beilenson
Rule Adopted Voice Vote...... 5/2/95
H. Res. 139, H. Rpt. 104-111.............. H.R. 1361......................... Coast Guard Authorization
Act, FY 96.
Reported from Rules.......... 5/3/95 Goss/Frost
Rule Adopted Voice Vote...... 5/9/95
H. Res. 140, H. Rpt. 104-114.............. H.R. 961.......................... Clean Water Amendments of
1995.
Reported from Rules.......... 5/9/95 Quillen/Beilenson
Rule Adopted 414-4........... 5/10/95
H. Res. 144, H. Rpt. 104-116.............. H.R. 535.......................... Corning National Fish
Hatchery Conveyance Act.
Reported from Rules.......... 5/11/95 Waldholtz/Beilenson
Rule Adopted Voice Vote...... 5/15/95
H. Res. 145, H. Rpt. 104-117.............. H.R. 584.......................... Conveyance of the Fairport
Nationhal Fish Hatchery.
Reported from Rules.......... 5/11/95 Waldholtz/Beilenson
Rule Adopted Voice Vote...... 5/15/95
H. Res. 146, H. Rpt. 104-118.............. H.R. 614.......................... Conveyance of the New London
National Fish Hatchery
Production Facility.
Reported from Rules.......... 5/11/95 Waldholtz/Beilenson
Rule Adopted Voice Vote...... 5/15/95
H. Res. 147, H. Rept. 104-121............. S. 4.............................. Line Item Veto Act...........
Reported from Rules.......... 5/17/95 Goss/Hall
Laid on the table............ 5/16/95
H. Res. 148, H.Rept. 104-122.............. S. 219............................ Regulatory Transition Act of
1995.
Reported from Rules.......... 5/16/95 Dreier/Hall
Laid on the table............ 5/17/95
H. Res. 149, H. Rept. 104-125............. H. Con. Res. 67................... Budget Resolution, FY 1996...
Reported from Rules.......... 5/16/95 Solomon/Frost
Previous Question 252-170.... 5/17/95
Rule Adopted 255-168......... 5/17/95
H. Res. 151, H. Rept. 104-126............. H.R. 1158......................... Conference Report on
Emergency Supplemental
Appropriations for
Additional Disaster
Assistance and Making
Recissions, FY 95.
Reported from Rules.......... 5/17/95 Dreier/Moakley
Rule Adopted Voice Vote...... 5/18/95
H. Res. 155, H. Rept. 104-129............. H.R. 1561......................... American Overseas Interests
Act of 1995.
Reported from Rules.......... 5/22/95 Goss/Hall
Rule Adopted 233-176......... 5/23/95
H. Res. 156, H. Rept. 104-130............. H.R. 1561......................... American Overseas Interests
Act of 1995.
Reported from Rules.......... 5/25/95 Goss/Hall
Rule Adopted 252-168......... 6/7/95
H. Res. 164, H. Rept. 104-136............. H.R. 1530......................... National Defense
Authorization Act, FY 96.
Reported from Rules.......... 6/8/95 Solomon/Moakley
Previous Question 255-191.... 6/13/95
Rule Adopted 233-183......... 6/13/95
H. Res. 167, H. Rept. 104-140............. H.R. 1817......................... Military Construction
Appropraitions, FY 96.
Reported from Rules.......... 6/15/5 Quillen/Hall
Previous Question 223-180.... 6/16/95
Rule Adopted 245-155......... 6/16/95
H. Res. 169, H. Rept. 104-146............. H.R. 1854......................... Legislative Branch
Appropriations, FY 96.
Reported from Rules.......... 6/19/95 Diaz-Balart/Beilenson
Previous Question 232-196.... 6/20/95
Rule Adopted 236-191......... 6/20/95
H. Res. 170, H. Rept. 104-147............. H.R. 1868......................... Foreign Assistance
Appropriation, FY 96.
Reported from Rules.......... 6/20/95 Goss/Hall
Previous Question 221-178.... 6/22/95
Rule Adopted 217-175......... 6/22/95
H. Res. 171, H. Rept. 104-154............. H.R. 1905......................... Energy and Water
Appropriations, FY 96.
Reported from Rules.......... 6/22/95 Quillen/Beilenson
Rule Adopted Voice Vote...... 7/11/95
H. Res. 173, H. Rept. 104-164............. H.J. Res. 79...................... Flag Desecration.............
Reported from Rules.......... 6/27/95 Solomon/Beilenson
Previous Question 258-170.... 6/27/95
Rule Adopted 271-152......... 6/27/95
H. Res. 175, H. Rept. 104-165............. H. Con. Res. 67................... Conference Report on
Subdivision of Budget
Totals, FY 1996-2002.
Reported from Rules.......... 6/28/95 Solomon/Hall
Previous Question 233-181.... 6/29/95
Rule Adopted 234-180......... 6/29/95
H. Res. 176, H. Rept. 104-166............. H.R. 1944......................... Emergency Supplemental
Diaster Assistance, 1995.
Reported from Rules.......... 6/28/95 Dreier/Beilenson
Previous Question 236-194.... 6/29/95
Rule Adopted 234-192......... 6/29/95
H. Res. 177, H. Rept. 104-167............. H.R. 1868......................... Foreign Operations
Appropriations, FY 96.
Reported from Rules.......... 6/29/95 Goss/Hall
Previous Question 236-162.... 7/11/95
Rule Adopted 246-156......... 7/11/95
H. Res. 179, H. Rept. 104-168............. S. Con. Res. 20................... Adjournment of the House and
Senate for the Independence
Day district work period.
Reported from Rules.......... 6/29/95 Waldholtz/Frost
Rule Adopted 242-157......... 6/30/95
H. Res. 180, H. Rept. 104-169............. H.R. 483.......................... Conference Report on
Extension of Medicare Select
Policies.
Reported from Rules.......... 6/29/95 Pryce/Moakley
Rule Adopted Voice Vote...... 6/30/95
H. Res. 185, H. Rept. 104-182............. H.R. 1977......................... Interior Appropriations, FY
96.
Reported from Rules.......... 7/11/95 Pryce/Beilenson
Previous Question 235-195.... 12/12/95
Defeated 192-238............. 7/12/95
H. Res. 187, H. Rpt. 104-184.............. H.R. 1977......................... Interior Appropriations, FY
96.
Reported from Rules.......... 7/12/95 Pryce/Beilenson
Previous Question 230-194.... 7/13/95
Rule Adopted 229-195......... 7/13/95
H. Res. 188, H. Rpt. 104-185.............. H.R. 1976......................... Agriculture Appropriations,
FY 96.
Reported from Rules.......... 7/13/95 Dreier/Hall
Previous Question 242-185.... 7/18/95
Rule Adopted Voice Vote...... 7/18/95
H. Res. 189, H. Rpt. 104-186.............. H.R. 1977......................... Interior Appropriations, FY
96.
Reported from Rules.......... 7/13/95 Pryce/Beilenson
Previous Question Voice Vote. 7/17/95
Rule Adopted Voice Vote...... 7/17/95
H. Res. 190, H. Rpt. 104-190.............. H.R. 2020......................... Treasury, Postal
Appropriations, FY 96.
Reported from Rules.......... 7/17/95 Diaz-Balart/Beilenson
Previous Question 232-192.... 7/18/95
Rule Adopted Voice Vote...... 7/18/95
H. Res. 193, H. Rpt. 104-194.............. H.R. 2058......................... Disapproved of Most-Favored-
Nation Treatment for China
H.J. Res. 96...................... Reported from Rules.......... 7/19/95 Solomon/Beilenson
Rule Adopted Voice Vote...... 7/20/95
H. Res. 194, H. Rpt. 104-195.............. H.R. 2002......................... Transportation
Appropriations, FY 96.
Reported from Rules.......... 7/19/95 Waldholtz/Beilenson
Previous Question 217-202.... 7/21/95
Rule Adopted Voice Vote...... 7/21/95
H. Res. 197, H. Rpt. 104-198.............. H.R. 70........................... Exports of Alaskan North
Slope Oil.
Reported from Rules.......... 7/21/95 Linder/Frost
Rule Adopted Voice Vote...... 7/24/95
H. Res. 198, H. Rpt. 104-200.............. H.R. 2076......................... Commerce, Justice, State
Appropriations, FY 96.
Reported from Rules.......... 7/21/95 Goss/Hall
Rule Adopted Voice Vote...... 7/25/95
H. Res. 201, H. Rpt. 104-206.............. H.R. 2099......................... VA, HUD Appropriations, FY
96.
Reported from Rules.......... 7/25/95 Quillen/Beilenson
Rule Adopted 230-189......... 7/27/95
H. Res. 204, H. Rpt. 104-213.............. S. 21............................. Bosnia and Herzegovina Self
Defense Act of 1995.
Reported from Rules.......... 7/28/95 Diaz-Balart/Beilenson
Rule Adopted 230-189......... 8/1/95
H. Res. 205, H. Rpt. 104-214.............. H.R. 2126......................... Defense Appropriations, FY
96.
Reported from Rules.......... 7/28/95 Goss/Frost
Rule Adopted 409-1........... 7/31/95
H. Res. 206, H. Rpt. 104-221.............. H.R. 1854......................... Legislative Branch
Appropriations, FY 96.
Reported from Rules.......... 8/1/95 Diaz-Balart/Frost
Previous Question 228-179.... 9/6/95
Rule Adopted Voice Vote...... 9/6/95
H. Res. 207, H. Rpt. 104-223.............. H.R. 1555......................... Communications Act of 1995.
Reported from Rules.......... 8/1/95 Linder/Beilenson
Rule Adopted 255-256......... 8/2/95
H. Res. 208, H. Rpt. 104-224.............. H.R. 2127......................... Labor, Health, Human
Services, Education
Appropriations, FY 96.
Reported from Rules.......... 8/1/95 Solomon/Frost
Rule Adopted 323-104......... 8/2/95
H. Res. 215, H. Rpt. 104-240.............. H.R. 1594......................... Restrictions on Promotion by
the Government of Use by
Employee Benefit Plans of
Economically Targeted
Investments.
Reported from Rules.......... 9/7/95 Linder/Hall
H. Res. 216, H. Rpt. 104-241.............. H.R. 1655......................... Rule Adopted Voice Vote...... 9/12/95
Intelligence Authorization
Act, FY 96.
Reported from Rules.......... 9//95 Goss/Beilenson
H. Res. 218, H. Rpt. 104-243.............. H.R. 1162......................... Rule Adopted Voice Vote...... 9/12/95
Deficit Reduction Lock-Box
Act of 1995.
Reported from Rules.......... 9/12/95 Goss/Frost
H. Res. 219, H. Rpt. 104-244.............. H.R. 1670......................... Rule Adopted Voice Vote...... 9/13/95
Federal Acquisition Act of
1995.
Reported from Rules.......... 9/12/95 McInnis/Beilenson
H. Res. 222, H. Rpt. 104-249.............. H.R. 1617......................... Rule Adopted 414-0........... 9/13/95
Consolidated and Reformed
Education, Employment, and
Rehabilitation Systems Act.
Reported from Rules.......... 9/18//95 Waldholtz/Hall
Rule Adopted 388-2........... 9/19/95
H. Res. 223, H. Rpt. 104-251.............. H.R. 1817......................... Conference Report on Military
Construction Appropriations,
FY 96.
Reported from Rules.......... 9/19/95 McInnis/Hall
Rule Adopted Voice Vote...... 9/20/95
H. Res. 224, H. Rpt. 104-252.............. H.R. 2274......................... National Highway System .............................
Designation Act of 1995.
Reported from Rules.......... 9/19/95 Quillen/Frost
Previous Question 241-173.... 9/20/95 .............................
Rule Adopted 375-39-1 present 9/20/95 .............................
H. Res. 225, H. Rpt. 104-253.............. H.R. 927.......................... Cuban Liberty and Democratic
Solidarity Act of 1995.
Reported from Rules.......... 9/19/95 Diaz-Balart/Beilenson
Rule Adopted 304-118......... 9/20/95 .............................
H. Res. 226, H. Rpt. 104-256.............. H.R. 743.......................... Teamwork for Employees and
Managers Act of 1995.
Reported from Rules.......... 9/21/95 Waldholtz/Frost
Rule Adopted 267-149......... 9/27/95 .............................
H. Res. 227, H. Rpt. 104-257.............. H.R. 1170......................... Three Judge Court for Certain
Injunctions.
Reported from Rules.......... 9/21/95 Dreier/Beilenson
Rule Adopted Voice Vote...... 9/28/95 .............................
H. Res. 228, H. Rpt. 104-258.............. H.R. 1601......................... International Space Station
Authorization Act of 1995.
Reported from Rules.......... 9/21/95 Pryce/Hall
Rule Adopted Voice Vote...... 9/27/95 .............................
H. Res. 230, H. Rpt. 104-263.............. H. J. Res. 108.................... Continuing Appropriations, FY
96.
Reported from Rules.......... 9/27/95 Dreier/Hall
Rule Adopted Voice Vote...... 9/28/95 .............................
H. Res. 231, H. Rpt. 104-264.............. H.R. 1977......................... Conference Report on the
Interior Appropriations, FY
96.
Reported from Rules.......... 9/27/95 Pryce/Beilenson
Rule Adopted 251-171......... 9/28/95 .............................
H. Res. 232, H. Rpt. 104-265.............. H.R. 2126......................... Conference Report on the
Defense Appropriations, FY
96.
Reported from Rules.......... 9/27/95 Goss/Frost
Rule Adopted 284-139......... 9/28/95 .............................
H. Res. 234, H. Rpt. 104-270.............. H.R. 2405......................... Omnibus Civilian Science
Authorization Act of 1995.
Reported from Rules.......... 9/29/95 Quillen/Beilenson
Rule Adopted Voice Vote...... 10/11/95 .............................
H. Res. 235, H. Rpt. 104-271.............. H.R. 1976......................... Conference Report on the
Agriculture Appropriations,
FY 96.
Reported from Rules.......... 9/29/95 Linder/Hall
Rule Adopted Voice Vote...... 10/12/95 .............................
H. Res. 237, H. Rpt. 104-279.............. H.R. 2259......................... Disapproving of Certain
Sentencing Guidelines.
Reported from Rules.......... 10/17/95 Pryce/Hall
Rule Adopted Voice Vote...... 10/18/95 .............................
H. Res. 238, H. Rpt. 104-282.............. H.R. 2425......................... Medicare Preservation Act of
1995.
Reported from Rules.......... 10/18/95 Linder/Moakley
Previous Question 231-194.... 10/19/95 .............................
Rule Adopted 227-192......... 10/19/95 .............................
H. Res. 239, H. Rpt. 104-283.............. H.R. 2492......................... Legislative Branch
Appropriations, FY 96.
Reported from Rules.......... 10/19/95 Diaz-Balart/Frost
Previous Question 235-184.... 10/31/95 .............................
Rule Adopted Voice Vote...... 10/31/95 .............................
H. Res. 241, H. Rpt. 104-289.............. H.R. 2002......................... Conference Report on the
Transportation
Appropriations, FY 96.
Reported from Rules.......... 10/24/95 Waldholtz/Beilenson
Rule Adopted Voice Vote...... 10/25/95 .............................
H. Res. 245, H. Rpt. 104-292.............. H. Con. Res. 109, H.R. 2491....... Seven-Year Balanced Budget
Reconciliation Act of 1995.
Reported from Rules.......... 10/25/95 Solomon/Beilenson
Previous Question 228-191.... 10/26/95 .............................
Rule Adopted 235-185......... 10/26/95 .............................
H. Res. 248, H. Rpt. 104-297.............. H.R. 1905......................... Conference Report on the
Energy and Water
Appropriations, FY 96.
Reported from Rules.......... 10/30/95 Quillen/Beilenson
Rule Adopted Voice Vote...... 10/31/95 .............................
H. Res. 249, H. Rpt. 104-298.............. H.R. 1868......................... Conference Report on the
Foreign Operations
Appropriations, FY 96.
Reported from Rules.......... 10/30/95 Goss/Hall
Previous Question 268-155.... 10/31/95 .............................
Rule Adopted 257-165......... 10/31/95 .............................
H. Res. 251, H. Rpt. 104-301.............. H.R. 1833......................... Partial-Birth Abortion Ban
Act of 1995.
Reported from Rules.......... 10/31/95 Waldholtz/Beilenson
Rule Adopted 237-190......... 11/1/95 .............................
H. Res. 252, H. Rpt. 104-302.............. H.R. 2546......................... District of Columbia
Appropriations, FY 96.
Reported from Rules.......... 10/31/95 Linder/Frost
Rule Adopted 241-181......... 11/1/95 .............................
H. Res. 253, H. Rpt. 104-304.............. H.R. 1977......................... Conference Report on the
Interior Appropriations, FY
96.
Reported from Rules.......... 11/1/95 Pryce/Beilenson
Rule Adopted 237-188......... 11/15/95 .............................
H. Res. 256, H. Rpt. 104-314.............. S. 395............................ Conference Report on the
Alaska Power Administration
Sale Act.
Reported from Rules.......... 11/7/95 McInnis/Frost
Rule Adopted 361-54-1 present 11/8/95 .............................
H. Res. 257, H. Rpt. 104-326.............. H.J. Res. 115..................... Further Continuing
Appropriations, FY 96.
Reported from Rules.......... 11/7/95 Dreier/Beilenson
Rule Adopted 216-210......... 11/8/95 .............................
H. Res. 258, H. Rpt. 104-328.............. H.R. 2586......................... Temporary Increase in Public
Debt Limit.
Reported from Rules.......... 11/8/95 Solomon/Hall
Rule Adopted 220-200......... 11/9/95 .............................
H. Res. 259, H. Rpt. 104-329.............. H.R. 2539......................... ICC Termination Act of 1995..
Reported from Rules.......... 11/9/95 Quillen/Moakley
Rule Adopted Voice Vote...... 11/14/95 .............................
H. Res. 260, H. Rpt. 104-330.............. .................................. Waiving a Requirement of
Clause 4(b) of Rule XI.
Reported from Rules.......... 11/9/95 Diaz-Balart/Moakley
Laid on the table............ 12/6/95 .............................
H. Res. 261, H. Rpt. 104-331.............. H.J. Res. 115..................... Further Continuing
Appropriations, FY 96.
Reported from Rules.......... 11/9/95 Dreier/Beilenson
Rule Adopted 223-182......... 11/10/95 .............................
H. Res. 262, H. Rpt. 104-332.............. H.R. 2586......................... Temporary Increase in Public
Debt Limit.
Reported from Rules.......... 11/9/95 Pryce/Hall
Rule Adopted Voice Vote...... 11/10/95 .............................
H. Res. 265, H. Rpt. 104-335.............. .................................. Waiving a Requirement of
Clause 4(b) of Rule XI.
Reported from Rules.......... 11/13/95 Diaz-Balart/Beilenson
Rule Adopted Voice Vote...... 11/15/95 .............................
H. Res. 267, H. Rpt. 104-338.............. H.R. 2020......................... Conference Report on the
Treasury-Postal
Appropriations, FY 96.
Reported from Rules.......... 11/14/95 Diaz-Balart/Beilenson
Previous Question 233-189.... 11/15/95 .............................
Rule Adopted 285-133......... 11/15/95 .............................
H. Res. 268, H. Rpt. 104-341.............. H. Res. 250....................... Amending the Rules of the
House to provide for Gift
Reform.
Reported from Rules.......... 11/15/95 Solomon/Frost
Rule Adopted Voice Vote...... 11/16/95 .............................
H. Res. 269, H. Rpt. 104-342.............. H.R. 2564......................... Lobby Disclosure Act of 1995.
Reported from Rules.......... 11/15/95 .............................
Rule Adopted Voice Vote...... 11/16/95 .............................
H. Res. 270, H. Rpt. 104-343.............. H.J. Res. 122..................... Continuing Appropriations,
Further, 1996.
Reported from Rules.......... 11/15/95 Dreier/Moakley
Rule Adopted 249-176......... 11/15/95 .............................
H. Res. 271, H. Rpt. 104-346.............. H.R. 2126......................... Conference Report on the
Defense Appropriations, FY
96.
Reported from Rules.......... 11/15/95 McInnis/Frost
Rule Adopted 372-55.......... 11/16/95 .............................
H. Res. 272, H. Rpt. 104-348.............. H.R. 2491......................... Conference Report on the
Balanced Budget Act of 1995..
Reported from Rules.......... 11/16/95 Dreier/Beilenson
Rule Adopted 230-193......... 11/17/96 .............................
H. Res. 273, H. Rpt. 104-349.............. H.R. 2606......................... Prohibition on Use of Funds
for Bosnia Deployment.
Reported from Rules.......... 11/16/95 Solomon/Hall
Rule Adopted 239-181......... 11/17/95 .............................
H. Res. 275, H. Rpt. 104-351.............. .................................. Motions to suspend the rules.
Reported from Rules.......... 11/17/95 McInnis/Moakley
Previous Question 247-169.... 11/18/95 .............................
Rule Adopted Voice Vote...... 11/18/95 .............................
H. Res. 276, H. Rpt. 104-352.............. .................................. Waives a requirement of
Clause 4(b) of Rule XI.
Reported from Rules.......... 11/17/95 Diaz-Balart/Beilenson
Rule Adopted Voice Vote...... 11/18/96 .............................
H. Res. 279, H. Rpt. 104-354.............. H.R. 2491......................... Reconciliation...............
Reported from Rules.......... 11/18/95 Dreier/Beilenson
Rule Adopted Voice Vote...... 11/18/95 .............................
H. Res. 280, H. Rpt. 104-355.............. H.R. 2099......................... Conference Report on the VA,
HUD Appropriations, FY 96.
Reported from Rules.......... 11/18/95 Quillen/Frost
Rule Adopted Voice Vote...... 11/20/95 .............................
H. Res. 284, H. Rpt. 104-370.............. H.R. 1788......................... Amtrak Reform and
Privatization Act of 1995.
Reported from Rules.......... 11/29/95 Quillen/Moakley
Rule Adopted Voice Vote...... 11/30/95
H. Res. 287, H. Rpt. 104-375.............. H.R. 1350......................... Maritime Security Act of 1995
Reported from Rules.......... 11/30/95 Quillen/Moakley
Rule Adopted Voice Vote...... 12/6/95
H. Res. 289, H. Rpt. 104-381.............. H.R. 2076......................... Commerce, Justice, State
Appropriations.
Reported from Rules.......... 12/5/95 Goss/Moakley
Rule Adopted Voice Vote...... 12/6/95
H. Res. 290, H. Rpt. 104-382.............. H.R. 1058......................... Securities Litigation Reform.
Reported from Rules.......... 12/5/95 Dreier/Hall
Rule Adopted 318-97-1........ 12/6/95
H. Res. 291, H. Rpt. 104-385.............. H.R. 2099......................... Conference Report on the VA,
HUD Appropriations.
Reported from Rules.......... 12/6/95 Quillen/Beilenson
Rule Adopted 242-175......... 12/7/95
H. Res. 293, H. Rpt. 104-388.............. H.R. 2621......................... To Enforce the Public Debt
and to Protect the Social
Security Trust Fund and
Other Federal Trust Funds
and Accounts invested in
Public Debt Obligations.
Reported from Rules.......... 12/7/95 Goss/Moakley
Previous Question 223-183.... 12/14/95
Rule Adopted 228-184......... 12/14/95
H. Res. 296, H. Rpt. 104-399.............. H.R. 1868......................... Foreign Operations
Appropriations.
Reported from Rules.......... 12/12/95 Goss/Hall
Rule Adopted 241-178......... 12/13/95
H. Res. 297, H. Rpt. 104-400.............. .................................. Waives a requirement of
Clause 4(b) of Rule XI.
Reported from Rules.......... 12/12/95 Solomon/Moakley
Rule Adopted 230-186......... 12/13/95
H. Res. 301, H. Rpt. 104-403.............. H.R. 1977......................... Conference Report on the
Interior Appropriations.
Reported from Rules.......... 12/13/95 Pryce/Beilenson
Rule Adopted 231-188......... 12/12/95
H. Res. 303, H. Rpt. 104-404.............. H.R. 1745......................... Utah Public Lands Management
Act of 1995.
Reported from Rules.......... 12/13/95 Linder/Moakley
Previous Question 221-197.... 5/15/96
Rule Adopted Voice Vote...... 5/15/96
H. Res. 304, H. Rpt. 104-405.............. H.R. 2770......................... U.S. Troop Deployment in
Bosnia.
H. Res. 302....................... Reported from Rules.......... 12/13/95 Solomon/Hall
H. Res. 306....................... Rule Adopted 357-70.......... 12/13/95
H. Res. 307, H. Rpt. 104-407.............. H.R. 1530......................... Conference Report on the
National Defense
Authorization Act, FY 96.
Reported from Rules.......... 12/14/95 Solomon/Frost
Rule Adopted 378-29.......... 12/15/95
H. Res. 309, H. Rpt. 104-423.............. H. Con. Res. 122.................. Revised Budget Resolution....
Reported from Rules.......... 12/18/95 Solomon/Moakley
Previous Question 230-188.... 12/19/95
Rule Adopted 229-189......... 12/19/95
H. Res. 310, H. Rpt. 104-424.............. .................................. Waiver of Clause 2(g)(3) of
Rule XI.
Reported from Rules.......... 12/18/95 Goss/Moakley
Laid on the table............ 1/5/96
H. Res. 312, H. Rpt. 104-424.............. H.R. 2539......................... Conference Report on the ICC
Termination Act.
Reported from Rules.......... 12/19/95 Quillen/Moakley
Rule Adopted Voice Vote...... 12/20/95
H. Res. 313, H. Rpt. 104-426.............. H.R. 558.......................... Texas Low-Level Radioactive
Waste Disposal Compact
Consent Act.
Reported from Rules.......... 12/20/95 Goss/Beilenson
Rule Adopted Voice Vote...... 12/21/95
H. Res. 319, H. Rpt. 104-431.............. H.R. 4............................ Conference Report on the
Personal Responsibility and
Work Opportunity Act of 1995.
Reported from Rules.......... 12/20/95 Solomon/Hall
Rule Adopted Voice Vote...... 12/21/95
H. Res. 320, H. Rpt. 104-432.............. .................................. Authorizing Recesses.........
Reported from Rules.......... 12/20/95 Pryce/Moakley
Previous Question 228-179.... 12/21/95
H. Res. 322, H. Rpt. 104-441.............. H. Res. 299....................... Amending House Rules
Regarding Outside Income.
Reported from Rules.......... 12/21/95 Solomon/Moakley
Rule Adopted 380-11-1 present 12/22/95
H. Res. 323, H. Rpt. 104-442.............. H.R. 2677......................... National Parks and National
Wildlife Refuge Systems
Freedom Act.
Reported from Rules.......... 12/21/95 McInnis/Beilenson
Laid on the table............ 2/28/96
H. Res. 330, H. Rpt. 104-445.............. .................................. Authorizing Recesses.........
Reported from Rules.......... 1/3/96 Pryce/Moakley
Rule Adopted 224-190......... 1/5/96
H. Res. 334, H. Rpt. 104-447.............. H.R. 1643......................... Most-Favored Nation Status of
Bulgaria.
Reported from Rules.......... 1/4/96 Dreier/Moakley
Previous Question 228-187.... 1/5/96
Rule Adopted Voice Vote...... 1/5/96
H. Res. 336, H. Rpt. 104-448.............. H.J. Res. 134..................... Continuing Appropriations....
H. Con. Res. 134.................. Reported from Rules.......... 1/5/96 Solomon/Moakley
Previous Question 226-183.... 1/5/96
Rule Adopted Voice Vote...... 1/5/96
H. Res. 338, H. Rpt. 104-449.............. H.R. 1358......................... Fisheries Conveyance.........
Reported from Rules.......... 1/5/96 Dreier/Frost
Previous Question 204-167.... 1/5/96
Rule Adopted 344-24.......... 1/5/96
H. Res. 340, H. Rpt. 104-451.............. S. 1124........................... Conference Report on the
Defense Authorization Act,
FY 96.
Reported from Rules.......... 1/23/96 Diaz-Balart/Frost
Rule Adopted Voice Vote...... 1/24/96
H. Res. 342, H. Rpt. 104-453.............. Waiving a requirement of
Clause 4(b) of Rule XI.
Reported from Rules.......... 1/24/96 McInnis/Moakley
Rule Adopted 229-191......... 1/25/96
H. Res. 351, H. Rpt. 104-456.............. H.R. 2546......................... Conference Report on the
District of Columbia
Appropriations, FY 96.
Reported from Rules.......... 1/31/96 Linder/Frost
Rule Adopted Voice Vote...... 1/31/96
H. Res. 352, H. Rpt. 104-457.............. .................................. Authorizing Recesses.........
Reported from Rules.......... 1/31/96 Waldholtz/Moakley
Laid on the table............ 2/28/96
H. Res. 353, H. Rpt. 104-459.............. S. 652............................ Conference Report on the
Telecommunications Act of
1996.
Reported from Rules.......... 1/31/96 Linder/Beilenson
Rule Adopted 337-80.......... 2/1/96
H. Res. 355, H. Rpt. 104-460.............. H.R. 2924......................... Social Security Guarantee Act
Reported from Rules.......... 2/1/96 Goss/Frost
Previous Question 229-178.... 2/1/96
Rule Adopted Voice Vote...... 2/1/96
H. Res. 366, H. Rpt. 104-463.............. H.R. 2854......................... Agricultural Market
Transition Act.
Reported from Rules.......... 2/27/96 Solomon/Hall
Previous Question 228-182.... 2/28/96
Rule Adopted 244-168......... 2/28/96
H. Res. 368, H. Rpt. 104-464.............. H.R. 994.......................... Regulatory Sunset and Review
Act of 1995.
Reported from Rules.......... 2/29/96 Goss/Beilenson
Laid on the table............ 4/17/96
H. Res. 370, H. Rpt. 104-470.............. H.R. 927.......................... Conference Report on the
Cuban Liberty and Democratic
Solidarity Liberty Act of
1995.
Reported from Rules.......... 3/5/96 Diaz-Balart/Beilenson
Rule Adopted 347-67.......... 3/6/96
H. Res. 371, H. Rpt. 104-473.............. H.R. 3021......................... Continuing Guarantee of
Social Security.
Reported from Rules.......... 3/6/96 Linder/Frost
Rule Adopted Voice Vote...... 3/7/96
H. Res. 372, H. Rpt. 104-474.............. H.R. 3019......................... Further Downpayment Toward a
Balanced Budget.
Reported from Rules.......... 3/6/96 Dreier/Moakley
Previous Question Voice Vote. 3/7/96
Rule Adopted 235-175......... 3/7/96
H. Res. 375, H. Rpt. 104-476.............. H.R. 1561......................... Conference Report on the
Foreign Relations
Authorization Act, FY 96 and
97c.
Reported from Rules.......... 3/7/96 Goss/Beilenson
Rule Adopted 226-180......... 3/12/96
H. Res. 376, H. Rpt. 104-477.............. H.R. 2703......................... Anti-Terrorism Act...........
Reported from Rules.......... 3/7/96 Pryce/Frost
Laid on table................ 3/13/96
H. Res. 380, H. Rpt. 104-480.............. H.R. 2703......................... Effective Death Penalty and
Public Safety Act of 1996.
Reported from Rules.......... 3/12/96 Pryce/Frost
Rule Adopted 251-157......... 3/13/96
H. Res. 384, H. Rpt. 104-483.............. H.R. 2202......................... Immigration in the National
Interest Act.
Reported from Rules.......... 3/14/96 Dreier/Beilenson
Previous Question 233-152.... 3/19/96 .............................
Rule Adopted Voice Vote...... 3/19/96 .............................
H. Res. 386, H. Rpt. 104-489.............. H.J. Res. 165..................... Further Continuing
Appropriations, FY 96.
Reported from Rules.......... 3/20/96 McInnis/Frost
Previous Question 234-187.... 3/21/96 .............................
Rule Adopted 237-183......... 3/21/96 .............................
H. Res. 388, H. Rpt. 104-490.............. H.R. 125.......................... Gun Crime Enforcement and
Second Amendment Restoration
Act of 1996.
Reported from Rules.......... 3/21/96 Solomon/Frost
Rule Adopted 244-166......... 3/22/96 .............................
H. Res. 389, H. Rpt. 104-492.............. H.R. 1833......................... Partial-Birth Abortion Ban...
Reported from Rules.......... 3/22/96 Waldholtz/Beilenson
Rule Adopted 269-148......... 3/27/96 .............................
H. Res. 391, H. Rpt. 104-500.............. H.R. 3136......................... Contract With America
Advancement Act of 1996.
Reported from Rules.......... 3/27/96 Solomon/Beilenson
Previous Question 232-180.... 3/28/96 .............................
Rule Adopted 232-177......... 3/28/96 .............................
H. Res. 392, H. Rpt. 104-501.............. H.R. 3103......................... Health Coverage Availability
& Affordability Act of 1996.
Reported from Rules.......... 3/27/96 Goss/Moakley
Previous Question 229-186.... 3/28/96 .............................
Rule Adopted Voice Vote...... 3/28/96 .............................
H. Res. 393, H. Rpt. 104-502.............. H.R. 2854......................... Conference Report on the
Federal Agricultural
Improvement and Reform Act
of 1996.
Reported from Rules.......... 3/27/96 Solomon/Hall
Rule Adopted Voice Vote...... 3/28/96 .............................
H. Res. 394, H. Rpt. 104-503.............. H.R. 956.......................... Conference Report on Product
Liability Reform.
Reported from Rules.......... .......... .............................
Rule Adopted 237-173......... 3/27/96 Linder/Frost
H. Res. 395, H. Rpt. 104-513.............. H.J. Res. 159..................... Tax Limitation Constitutional
Amendment.
Reported from Rules.......... 3/29/96 .............................
Previous Question 232-168.... 3/29/96 McInnis/Moakley
Rule Adopted 234-162......... 4/15/96 .............................
H. Res. 396, H. Rpt. 104-514.............. H.R. 842.......................... Truth in Budgeting Act.......
Reported from Rules.......... 3/29/96 Quillen/Beilenson
Rule Adopted Voice Vote...... 4/17/96 .............................
H. Res. 405, H. Rpt. 104-522.............. S. 735............................ Conference Report on the
Terrorism Prevention Act.
Reported from Rules.......... 4/17/96 Pryce/Frost
Previous Question 274-148.... 4/18/96 .............................
Rule Adopted 289-125......... 4/18/96 .............................
H. Res. 409, H. Rpt. 104-532.............. H.R. 2715......................... Paperwork Elimination Act of
1996.
Reported from Rules.......... 4/23/96 Linder/Hall
Rule Adopted Voice Vote...... 4/24/96 .............................
H. Res. 410, H. Rpt. 104-533.............. H.R. 1675......................... National Wildlife Refuge
Improvement Act of 1995.
Reported from Rules.......... 4/23/96 Goss/Beilenson
Rule Adopted Voice Vote...... 4/24/96 .............................
H. Res. 411, H. Rpt. 104-534.............. H.R. 175.......................... Further Continuing
Appropriations, FY 96.
Reported from Rules.......... 4/23/96 Drier/Moakley
Rule Adopted Voice Vote...... 4/24/96 .............................
H. Res. 412, H. Rpt. 104-535.............. .................................. Waiving a requirement of
Clause 4(b) of Rule XI.
Reported from Rules.......... 4/24/96 McInnis/Moakley
Previous Question 220-200.... 4/25/96 .............................
Rule Adopted 286-135......... 4/25/96 .............................
H. Res. 415, H. Rpt. 104-538.............. H.R. 3019......................... Conference Report on the
further Omnibus Continuing
Appropriations, FY 96.
Reported from Rules.......... 4/25/96 Solomon/Moakley
Rule Adopted Voice Vote...... 4/25/96 .............................
H. Res. 418, H. Rpt. 104-543.............. H.R. 2641......................... U.S. Marshals Service
Improvement Act of 1996.
Reported from Rules.......... 4/30/96 Pryce/Hall
Previous Question 219-203.... 5/1/96 .............................
Rule Adopted Voice Vote...... 5/1/96 .............................
H. Res. 419, H. Rpt. 104-544.............. H.R. 2149......................... Ocean Shipping Reform Act of
1995.
Reported from Rules.......... 4/30/96 Quillen/Moakley
Rule Adopted 422-0........... 5/1/96 .............................
H. Res. 421, H. Rpt. 104-552.............. H.R. 2974......................... Crimes Against Children and
Elderly Persons Increased
Punishment Act.
Reported from Rules.......... 5/2/96 Diaz-Balart/Frost
Rule Adopted Voice Vote...... 5/7/96 .............................
H. Res. 422, H. Rpt. 104-553.............. H.R. 3120......................... Amending Title 18, United .............................
States Code, with respect to
Witness Retaliation, Witness
Tampering, and Jury
Tampering.
Reported from Rules.......... 5/2/96 Greene/Beilenson
Rule Adopted Voice Vote...... 5/7/96 .............................
H. Res. 426, H. Rpt. 104-564.............. H.R. 2406......................... United States Housing Act of .............................
1996.
Reported from Rules.......... 5/7/96 Dreier/Beilenson
Previous Question 218-208.... 5/8/96 .............................
Rule Adopted Voice Vote...... 5/8/96 .............................
H. Res. 427, H. Rpt. 104-565.............. H.R. 3322......................... Omnibus Civilian Science .............................
Authorization Act of 1996.
Reported from Rules.......... 5/7/96 Greene/Beilenson
Rule Adopted Voice Vote...... 5/9/96 .............................
H. Res. 428, H. Rpt. 104-566.............. H.R. 3286......................... Adoption Promotion & .............................
Stability Act of 1996.
Reported from Rules.......... 5/7/96 Pryce/Hall
Rule Adopted Voice Vote...... 5/9/96 .............................
H. Res. 430, H. Rpt. 104-570.............. H.R. 3230......................... National Defense .............................
Authorization Act, FY 97.
Reported from Rules.......... 5/9/96 Solomon/Frost
Rule Adopted 235-149......... 5/10/96 .............................
H. Res. 435, H. Rpt. 104-577.............. H. Con. Res. 178.................. Concurrent Resolution on the
Budget, FY 97.
Reported from Rules.......... 5/15/96 Solomon/Moakley
Previous Question 227-196.... 5/16/96 .............................
Rule Adopted Voice Vote...... 5/16/96 .............................
H. Res. 436, H. Rpt. 104-580.............. H.R. 3415......................... Repeal of 4.3 cent Increase .............................
in Transportation Fuels
Taxes.
Reported from Rules.......... 5/16/96 Dreier/Moakley
Previous Question 221-181.... 5/21/96 .............................
Rule Adopted Voice Vote...... 5/21/96 .............................
H. Res. 437, H. Rpt. 104-581.............. H.R. 3259......................... Intelligence Authorization, .............................
FY 97.
Reported from Rules.......... 5/16/96 Goss/Beilenson
Rule Adopted Voice Vote...... 5/21/96 .............................
H. Res. 438, H. Rpt. 104-582.............. H.R. 3144......................... Defend America Act of 1996. .............................
Reported from Rules.......... 5/16/96 Diaz-Balart/Frost
No action taken.............. .............................
H. Res. 440, H. Rpt. 104-590.............. H.R. 1227......................... Small Business Job Protection .............................
and Community Flexibility
Act.
Reported from Rules.......... 5/21/96 Solomon/Hall
Rule Adopted 219-211......... 5/22/96 .............................
H. Res. 442, H. Rpt. 104-599.............. H.R. 3517......................... Military Construction .............................
Appropriations.
Reported from Rules.......... 5/29/96 Quillen/Hall
Rule Adopted Voice Vote...... 5/30/96 .............................
H. Res. 445, H. Rpt. 104-601.............. H.R. 3540......................... Foreign Assistance .............................
Appropriations, FY 97.
Reported from Rules.......... 5/30/96 Goss/Hall
Rule Adopted Voice Vote...... 6/5/96 .............................
H. Res. 446, H. Rpt. 104-604.............. H.R. 3562......................... Wisconsin Works Waiver .............................
Approval Act.
Reported from Rules.......... 6/5/96 Solomon/Moakley
Rule Adopted 363-59.......... 6/6/96 .............................
H. Res. 448, H. Rpt. 104-606.............. H.R. 2754......................... Shipbuilding Trade Agreement .............................
Act.
Reported from Rules.......... 6/6/96 Dreier/Moakley
Rule Adopted Voice Vote...... 6/12/96 .............................
H. Res. 450, H. Rpt. 104-450.............. H. Con. Res. 178.................. Conference Report on the .............................
Concurrent Resolution on the
Budget, FY 97.
Reported from Rules.......... 6/10/96 Dreier/Moakley
Rule Adopted 232-190......... 6/12/96 .............................
H. Res. 451, H. Rpt. 104-616.............. H.R. 3603......................... Agriculture Appropriations, .............................
FY 97.
Reported from Rules.......... 6/10/96 Linder/Hall
Rule Adopted Voice Vote...... 6/12/96 .............................
H. Res. 453, H. Rpt. 104-619.............. H.R. 3610......................... Defense Appropriations, FY .............................
97.
Reported from Rules.......... 6/12/96 Solomon/Frost
Rule Adopted Voice Vote...... 6/13/96 .............................
H. Res. 455, H. Rpt. 104-627.............. H.R. 3662......................... Interior Appropriations, FY .............................
97.
Reported from Rules.......... 6/18/96 Pryce/Beilenson
Rule Adopted Voice Vote...... 6/19/96 .............................
H. Res. 456, H. Rpt. 104-630.............. H.R. 3666......................... Veterans, HUD Appropriations, .............................
FY 97.
Reported from Rules.......... 6/19/96 Quillen/Frost
Rule Adopted 247-165......... 6/25/96 .............................
H. Res. 460, H. Rpt. 104-633.............. H.R. 3675......................... Transportation .............................
Appropriations, FY 97.
Reported from Rules.......... 6/25/96 Greene/Moakley
Rule Adopted Voice Vote...... 6/26/96 .............................
H. Res. 463, H. Rpt. 104-636.............. H.J. Res. 182, H. Res. 461........ Disapproval of Most-Favored- 6/25/96 Solomon/Moakley
Nation Trade Status for
China, FY 96/Regarding the
People's Republic of China.
Reported from Rules.......... 6/26/96 .............................
Rule Adopted Voice Vote...... .............................
H. Res. 465, H. Rpt. 104-640.............. ................................ Adjournment of the House/
Senate for Independence Day
District Work Period.
Reported from Rules.......... 6/26/96 Diaz-Balart/Moakley
Rule Adopted 248-166......... 6/27/96 .............................
H. Res. 472, H. Rpt. 104-662.............. H.R. 3755......................... Labor, Health, Human Services
Education Appropriations, FY
97.
Reported from Rules.......... 7/9/96 Diaz-Balart/Moakley
Rule Adopted 218-202......... 7/10/96 .............................
Rule Adopted Voice Vote...... 7/10/96 .............................
H. Res. 473, H. Rpt. 104-663.............. H.R. 3754......................... Legislative Branch
Appropriations, FY 97.
Reported from Rules.......... 7/9/96 Dreier/Beilenson
Rule Adopted Voice Vote...... 7/10/96 .............................
H. Res. 474, H. Rpt. 104-666.............. H.R. 3396......................... Defense of Marriage Act......
Reported from Rules.......... 7/10/96 McInnis/Moakley
Rule Adopted 290-133......... 7/11/96 .............................
H. Res. 475, H. Rpt. 104-671.............. H.R. 3756......................... Treasury, Postal
Appropriations, FY 97.
Reported from Rules.......... 7/11/96 Diaz-Balart/Moakley
Rule Adopted Voice Vote...... 7/16/96 .............................
H. Res. 479, H. Rpt. 104-678.............. H.R. 3814......................... Commerce, Justice State
Appropriations, FY 97.
Reported from Rules.......... 7/16/96 Pryce/Beilenson
Rule Adopted Voice Vote...... 7/17/96 .............................
H. Res. 481, H. Rpt. 104-685.............. H.R. 3820......................... Campaign Finance Reform Act
of 1996.
Reported from Rules.......... 7/17/96 Solomon/Frost
Previous Question 221-193.... 7/25/96 .............................
Rule Adopted 270-140......... 7/25/96 .............................
H. Res. 482, H. Rpt. 104-686.............. H.R. 3734......................... Personal Responsibility Act
of 1996.
Reported from Rules.......... 7/17/96 Goss/Frost
Rule Adopted 358-54.......... 7/18/96 .............................
H. Res. 483, H. Rpt. 104-687.............. H.R. 3816......................... Energy and Water Development
Appropriations, FY 97.
Reported from Rules.......... 7/18/96 Quillen/Beilenson
Rule Adopted Voice Vote...... 7/24/96 Dreier/Beilenson
H. Res. 488, H. Rpt. 104-704.............. H.R. 2391......................... Working Families Flexibility
Act.
Reported from Rules.......... 7/24/96 Greene/Moakley
Rule Adopted 228-175......... 7/26/96 .............................
H. Res. 489, H. Rpt. 104-708.............. H.R. 2823......................... International Dolphin
Conservation Program Act.
Reported from Rules.......... 7/25/96 Goss/Beilenson
Rule Adopted Voice Vote...... 7/31/96 .............................
H. Res. 492, H. Rpt. 104-720.............. ................................ Waiver of a requirement of
Clause 4(b) of Rule XI.
Reported from Rules.......... 7/30/96 McInnis/Moakley
Rule Adopted Voice Vote...... 7/31/96 .............................
H. Res. 495, H. Rpt. 104-729.............. H.R. 3734......................... Conference Report on the
Personal Responsibility and
Work Opportunity
Reconciliation Act of 1996.
Reported from Rules.......... 7/31/96 Solomon/Moakley
Previous Question 259-164.... 8/1/96 .............................
Rule Adopted 281-137......... 8/1/96 .............................
H. Res. 496, H. Rpt. 104-730.............. H.R. 3603......................... Conference Report on the
Agriculture Appropriation,
FY 97.
Reported from Rules.......... 7/31/96 Goss/Hall
Laid on the table............ 8/1/96 .............................
H. Res. 497, H. Rpt. 104-731.............. H.R. 3517......................... Conference Report on the
Military Construction
Appropriation, FY 97.
Reported from Rules.......... 7/31/96 Pryce/Hall
Laid on the table............ 8/1/96 .............................
H. Res. 498, H. Rpt. 104-732.............. H.R. 3230......................... Conference Report on the
National Defense
Authorization Act, FY 97.
Reported from Rules.......... 7/31/96 Solomon/Frost
Rule Adopted Voice Vote...... 8/1/96 .............................
H. Res. 499, H. Rpt. 104-734.............. H.R. 123.......................... English Language Empowerment
Act of 1996.
Reported from Rules.......... 7/31/96 Linder/Beilenson
Rule Adopted 236-178......... 8/1/96 .............................
H. Res. 500, H. Rpt. 104-735.............. .................................. Waiving a requirement of
Clause 4(b) of Rule XI.
Reported from Rules.......... 7/31/96 Goss/Beilenson
Rule Adopted Voice Vote...... 8/1/96 .............................
H. Res. 502, H. Rpt. 104-738.............. H.R. 3103......................... Conference Report on Health
Insurance Portability and
Accountability Act of 1996.
Reported from Rules.......... 8/1/96 Goss/Beilenson
Rule Adopted 236-178......... 8/1/96 .............................
H. Res. 503, H. Rpt. 104-737.............. H.R. 3448......................... Conference Report on the
Small Business Job
Protection Act of 1996.
Reported from Rules.......... 8/1/96 Solomon/Moakley
Rule Adopted Voice Vote...... 8/2/96 Dreier/Beilenson
H. Res. 507, H. Rpt. 104-743.............. S. 1316........................... Conference Report on the Safe
Drinking Water Act
Amendments of 1996.
Reported from Rules.......... 8/1/96 McInnis/Moakley
Rule Adopted Voice Vote...... 8/2/96
H. Res. 508, H. Rpt. 104-744.............. .................................. Authorizing suspension of the
rules.
Reported from Rules.......... 8/1/96 Goss/Moakley
Rule Adopted 228-189......... 8/2/96
H. Res. 516, H. Rpt. 104-773.............. H.R. 3719......................... Small Business Programs
Improvement Act of 1996.
Reported from Rules.......... 9/4/96 Linder/Beilenson
Rule Adopted Voice Vote...... 9/5/96
H. Res. 517, H. Rpt. 104-774.............. H.R. 3308......................... United States Armed Forces
Protection Act of 1996.
Reported from Rules.......... 9/4/96 Solomon/Hall
Rule Adopted Voice Vote...... 9/5/96
H. Res. 522, H. Rpt. 104-803.............. H.R. 3675......................... Conference Report on the
Transportation
Appropriations, FY 97.
Reported from Rules.......... 9/17/96 Greene/Moakley
Rule Adopted Voice Vote...... 9/18/96
H. Res. 525, H. Rpt. 104-809.............. .................................. Waiving a requirement of
Clause 4(b) of Rule XI.
Reported from Rules.......... 9/19/96 Solomon/Moakley
Rule Adopted 225-191......... 9/24/96
H. Res. 528, H. Rpt. 104-829.............. H.R. 2202......................... Conference Report on the
Illegal Immigration Reform
and Immigrant Responsibility
Act of 1996.
Reported from Rules.......... 9/24/96 Dreier/Beilenson
Rule Adopted 254-165......... 9/25/96
H. Res. 529, H. Rpt. 104-830.............. H.R. 3259......................... Conference Report on the
Intelligence Authorization
Act of 1997.
Reported from Rules.......... 9/24/96 Goss/Beilenson
Rule Adopted Voice Vote...... 9/25/96
H. Res. 530, H. Rpt. 104-834.............. H.R. 4134......................... Authorizing states to deny
public education benefits to
certain aliens not lawfully
present in the United
States.
Reported from Rules.......... 9/24/96 McInnis/Frost
Adopted Voice Vote........... 9/25/96
H. Res. 536, H. Rpt. 104-842.............. H.R. 1296......................... Conference Report on the
Omnibus Parks and Public
Lands Management Act of
1996.
Reported from Rules.......... 9/25/96 Greene/Hall
No action taken.............. .......... .............................
H. Res. 540, H. Rpt. 104-851.............. H.R. 3539......................... Conference Report on the
Federal Aviation
Authorization Act of 1996.
Reported from Rules.......... 9/26/96 Linder/Moakley
Rule Adopted 222-182......... 9/27/96
H. Res. 546, H. Rpt. 104-855.............. .................................. Pre-adjournment business
resolution.
Reported from Rules.......... 9/27/96 Pryce/Moakley
Previous Question 223-183.... 9/28/96
Rule Adopted Voice Vote...... 9/28/96
--------------------------------------------------------------------------------------------------------------------------------------------------------
TABLE 3.--RESOLUTIONS REJECTED
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
H. Res. 185............................ H.R. 1977.............................. Making Appropriations for the
Department of the Interior
and related agencies for FY
1996.
----------------------------------------------------------------------------------------------------------------
TABLE 4.--RESOLUTIONS DISCHARGED
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
H. Res. 299............................ ....................................... A resolution to amend the
Rules of the House of
Representatives regarding
outside earned income.
----------------------------------------------------------------------------------------------------------------
TABLE 5.--RESOLUTIONS LAID ON THE TABLE
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
H. Res. 47............................. H. Res. 43............................. To Permit Committee Chairmen
to schedule hearings.
H. Res. 103............................ H. Res. 1058........................... The Securities Litigation
Reform Act of 1995.
H. Res. 147............................ S. 4................................... The Legislative Line Item Veto
Act of 1995.
H. Res. 148............................ S. 219................................. The Regulatory Transition Act
of 1995.
H. Res. 260............................ ....................................... Waiving a Requirement of
clause 4(b), Rule XI.
H. Res. 310............................ ....................................... Waiving the Provisions of
clause 2(g)(3) of Rule XI.
H. Res. 323............................ H.R. 2677.............................. National Parks and Wildlife
Refuge Systems Freedom Act of
1995.
H. Res. 352............................ ....................................... Authorizing the Speaker to
Declare Recesses.
H. Res. 368............................ H.R. 994............................... The Regulatory Sunset and
Review Act of 1996.
H. Res. 367............................ H.R. 2703.............................. The Comprehensive Anti-
Terrorism Act of 1995.
H. Res. 496............................ H.R. 3603.............................. Agriculture, Rural Develop.
Appropriations Conference
Report.
H. Res. 497............................ H.R. 3517.............................. Military Construction
Appropriations, FY 1997
Conference Report.
----------------------------------------------------------------------------------------------------------------
TABLE 6.--RESOLUTIONS PENDING
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
H. Res. 438............................ H.R. 3144.............................. The Defend America Act.
H. Res. 536............................ H.R. 1296.............................. Omnibus Parks and Land
Management Act of 1996.
----------------------------------------------------------------------------------------------------------------
TABLE 7.--LIST OF ORIGINAL JURISDICTION REFERRALS
house resolutions
1. H. Res. 14: SPON-Rep. Linder; OFFICIAL TITLE: A resolution
providing for the consideration of a joint resolution (H.J. Res. 2)
proposing an amendment to the Constitution of the United States with
respect to the number of terms of office of Members of the Senate and
the House of Representatives.
2. H. Res. 20: SPON-Rep. Kanjorski; OFFICIAL TITLE: A resolution to
enhance public confidence in the United States Congress by amending the
Rules of the House of Representatives to treat copyright royalties
received by Members, officers and employees as honoraria.
3. H. Res. 21: SPON-Rep. King; OFFICIAL TITLE: A resolution to
establish a Select Committee on POW and MIA Affairs.
4. H. Res. 24: SPON-Rep. Klug; OFFICIAL TITLE: A resolution
requiring the appropriate committees of the House to report legislation
to transfer certain functions of the Government Printing Office, and
for other purposes.
5. H. Res. 26: SPON-Rep. Saxton; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to require a three-
fifths vote of the House on passage of any measure carrying an income
tax rate increase.
6. H. Res. 27: SPON-Rep. Solomon; OFFICIAL TITLE: A resolution to
authorize and direct the Committee on Appropriations to create a new
Subcommittee on Veterans' Affairs.
7. H. Res. 28: SPON-Rep. Stearns; OFFICIAL TITLE: A resolution
repealing rule XLIX of the Rules of the House of Representatives
relating to the statutory limit on the public debt.
8. H. Res. 33: SPON-Rep. Gephardt; OFFICIAL TITLE: A resolution
providing for consideration of a joint resolution (H.J. Res. 1)
proposing a balanced budget amendment to the Constitution of the United
States.
9. H. Res. 40: SPON-Rep. Bryant (TX); OFFICIAL TITLE: A resolution
to amend the Rules of the House of Representatives concerning the
receipt of gifts from lobbyists and other persons and for other
purposes.
10. H. Res. 43: SPON-Rep. Solomon; OFFICIAL TITLE: A resolution to
amend clause 2(g)(3) of House Rule XI to permit committee chairmen to
schedule hearings.
11. H. Res. 56: SPON-Rep. Weldon (PA); OFFICIAL TITLE: A resolution
to amend the Rules of the House of Representatives to require the
Committee on Ways and Means to include in committee reports the
identity, sponsor, and revenue cost of single-taxpayer relief
provisions contained in reported bills.
12. H. Res. 66: SPON-Rep. Smith (WA); OFFICIAL TITLE: A resolution
to amend the Rules of the House of Representatives to ban gifts, and
for other purposes.
13. H. Res. 95: SPON-Rep. Weldon (PA); OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to establish a
Citizens' Commission on Congressional Ethics, and for other purposes.
14. H. Res. 97: SPON-Rep. Latham; OFFICIAL TITLE: A resolution to
authorize and direct each standing committee of the House with subject
matter jurisdiction over laws under which Federal agencies prescribe
rules and regulations to report legislation during this session of
Congress which would have the effect of streamlining those rules and
regulations, and for other purposes.
15. H. Res. 102: SPON-Rep. Sanford; OFFICIAL TITLE: A resolution
requiring the transfer to private sector providers of responsibility
for certain administrative and maintenance entities and functions of
the House of Representatives, and for other purposes.
16. H. Res. 106: SPON-Rep. Pombo; OFFICIAL TITLE: A resolution
requiring that certain introduced measures be accompanied by statements
of the constitutional authority for enacting them.
17. H. Res. 111: SPON-Rep. Stockman; OFFICIAL TITLE: A resolution
providing for consideration of the bill (H.R. 807) to protect the
Constitution of the United States from unauthorized encroachment into
legislative powers by the executive branch, and to protect the American
taxpayer from unauthorized encroachment into his wallet by an
unconstitutional action of the President.
18. H. Res. 112: SPON-Rep. Stockman; OFFICIAL TITLE: A resolution
providing for consideration of the bill (H.R. 807) to protect the
Constitution of the United States from unauthorized encroachment into
legislative powers by the executive branch, and to protect the American
taxpayer from unauthorized encroachment into his wallet by an
unconstitutional action of the President.
19. H. Res. 127: SPON-Rep. Bryant (TX); OFFICIAL TITLE: A
resolution providing for the consideration of the resolution (H. Res.
40) to amend the Rules of the House of Representatives concerning the
receipt of gifts from lobbyists and other persons, and for other
purposes.
20. H. Res. 132: SPON-Rep. Miller (CA); OFFICIAL TITLE: A
resolution amending the Rules of the House of Representatives to
provide for disclosure of the source of amendments, measures, and
committee reports.
21. H. Res. 133: SPON-Rep. Schroeder; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to require that
reports from the Committee on Ways and Means accompanying revenue bills
with targeted tax benefits clearly identify those benefits.
22. H. Res. 138: SPON-Rep. Smith (MI); OFFICIAL TITLE: A resolution
repealing rule XLIX of the Rules of the House of Representatives
relating to the statutory limit on the public debt.
23. H. Res. 142: SPON-Rep. Scott; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to allow proxy
voting in committee in particular, limited circumstances.
24. H. Res. 154: SPON-Rep. Lipinski; OFFICIAL TITLE: A resolution
to amend clause 2(a) of House Rule XXVIII to extend the length of time
required before considering the report of a committee of conference.
25. H. Res. 160: SPON-Rep. Ward; OFFICIAL TITLE: A resolution
providing for the consideration of the bill (H.R. 1535) to amend the
Internal Revenue Code of 1986 to revise the tax rules on expatriation,
to modify the basis rules for nonresident aliens becoming citizens or
residents, and for other purposes.
26. H. Res. 161: SPON-Rep. Vucanovich; OFFICIAL TITLE: A resolution
amending clause 4 of rule XIII of the Rules of the House to abolish the
Consent Calendar and to establish in its place a Corrections Calendar.
27. H. Res. 162: SPON-Rep. Hamilton; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to provide for the
consideration in each Congress of a congressional reform resolution,
and for other purposes.
28. H. Res. 182: SPON-Rep. Royce; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to require the
reduction of section 602(b)(1) suballocations to reflect floor
amendments to general appropriation bills, and for other purposes.
29. H. Res. 184: SPON-Rep. Maloney; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to require that
committee reports accompanying reported bills and joint resolutions
contain a detailed analysis of the impact of the bill or joint
resolution on children.
30. H. Res. 191: SPON-Rep. Brewster; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to require the
reduction of section 602(b)(1) suballocations to reflect floor
amendments to general appropriation bills, and for other purposes.
31. H. Res. 195: SPON-Rep. McHale; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to reduce the time
for a recorded vote from 15 minutes to 2 minutes, and for other
purposes.
32. H. Res. 196: SPON-Rep. McHale; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to eliminate the
discretion of the Speaker to name another Member to perform the duties
of the Chair without the approval of two-thirds of the Members, and for
other purposes.
33. H. Res. 199: SPON-Rep. Stockman; OFFICIAL TITLE: A resolution
amending clause 2 of rule XXII of the Rules of the House to prohibit
the introduction or consideration of legislation designating a building
or any other structure in honor of a person who is serving or has
served as a Member of Congress, a Federal judge, or an officer of the
executive branch before the date that is 5 years after the person has
retired from that office.
34. H. Res. 202: SPON-Rep. Stupak; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to require that
Members who change political parties repay certain funds to the
political party from which the change of affiliation was made.
35. H. Res. 203: SPON-Rep. Stupak; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to provide that the
House may declare vacant the office of any Member who publicly
announces a change in political party affiliation.
36. H. Res. 210: SPON-Rep. Stockman; OFFICIAL TITLE: A resolution
providing for the consideration of the bill (H.R. 464) to repeal the
prohibitions relating to semiautomatic assault weapons and large
capacity ammunition feeding devices.
37. H. Res. 211: SPON-Rep. Nadler; OFFICIAL TITLE: A resolution to
amend the Rules of the House of Representatives to require a bill or
joint resolution which amends a law to show the change in the law made
by the amendment, and for other purposes.
38. H. Res. 212: SPON-Rep. Orton; OFFICIAL TITLE: A resolution to
express the sense of the House of Representatives that the provisions
of S. 4 (the Line Item Veto Act), as passed by the House, should apply
to all fiscal year 1996 appropriation bills and to the reconciliation
bill required by H. Con. Res. 67.
39. H. Res. 213: SPON-Rep. Schroeder; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to prohibit
consideration of a conference report on any legislative branch
appropriation bill until all other regular appropriation bills for that
fiscal year are enacted into law.
40. H. Res. 221: SPON-Rep. Gephardt; OFFICIAL TITLE: A resolution
providing that consideration in the House of Representatives and its
committees and subcommittees thereof of any legislation changing
existing law with respect to medicare or medicaid pursuant to the
reconciliation instructions of the concurrent resolution on the budget
for fiscal year 1996 shall be preceded by adequate time for public
examination of such legislation and public hearings thereon, and
expressing the sense of the House that the Senate should similarly
provide for such public examination and hearings.
41. H. Res. 240: SPON-Rep. Schumer; OFFICIAL TITLE: A resolution
providing for the consideration of the bill (H.R. 1710) to combat
terrorism.
42. H. Res. 242: SPON-Rep. Bryant (TX); OFFICIAL TITLE: A
resolution providing for consideration of the bill (H.R. 2261) to
provide for the regulation of lobbyists and gift reform, and for other
purposes.
43. H. Res. 246: SPON-Rep. Kanjorski; OFFICIAL TITLE: A resolution
providing for the consideration of the bill H.R. 302, and amendments
thereto, to ensure timely payment of Social Security and Medicare
benefits, to protect the stability of financial markets, to preserve
the credit rating of the United States Government, and for other
purposes, by increasing the statutory limit on the public debt.
44. H. Res. 250: SPON-Rep. Waldholtz; OFFICIAL TITLE: A resolution
to amend the Rules of the House of Representatives to provide for gift
reform.
45. H. Res. 254: SPON-Rep. Solomon; OFFICIAL TITLE: A resolution
making technical corrections in the Rules of the House of
Representatives.
46. H. Res. 263: SPON-Rep. Rivers; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to require that the
expenses of special-order speeches be paid from the Members
Representational Allowance of the Members making such speeches.
47. H. Res. 264: SPON-Rep. Burton; OFFICIAL TITLE: A resolution to
amend the Rules of the House of Representatives to require greater
disclosure of gifts.
48. H. Res. 278: SPON-Rep. Baldacci; OFFICIAL TITLE: A resolution
providing that when the House adjourns on the legislative day of
Saturday, November 18, 1995, it shall stand adjourned until noon
Sunday, November 19, 1995, to continue working to resolve the budget
impasse.
49. H. Res. 286: SPON-Rep. Woolsey; OFFICIAL TITLE: A resolution to
limit the access of lobbyists to the Hall of the House.
50. H. Res. 292: SPON-Rep. Kennedy (MA); OFFICIAL TITLE: A
resolution providing for the consideration of the bill (H.R. 2409) to
increase the public debt limit.
51. H. Res. 299: SPON-Rep. Johnson (CT); OFFICIAL TITLE: A
resolution to amend the Rules of the House of Representatives regarding
outside earned income.
52. H. Res. 314: SPON-Rep. Burton; OFFICIAL TITLE: A resolution to
amend the Rules of the House of Representatives to discourage frivolous
ethics complaints.
53. H. Res. 321: SPON-Rep. Taylor (MS); OFFICIAL TITLE: A
resolution directing that the Committee on Rules report a resolution
providing for consideration of the bill (H.R. 2530) a bill to provide
for deficit reduction and achieve a balanced budget by fiscal year
2002.
54. H. Res. 328: SPON-Rep. Gephardt; OFFICIAL TITLE: A resolution
relating to the privileges of the House.
55. H. Res. 329: SPON-Rep. Hoyer; OFFICIAL TITLE: A resolution
providing for the consideration of the joint resolution (H.J. Res. 118)
making further continuing appropriations for the fiscal year 1996, and
for other purposes.
56. H. Res. 332: SPON-Rep. Cardin; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to prohibit a House
recess or adjournment during any period of lapsed appropriations for
the Federal Government.
57. H. Res. 333: SPON-Rep. Condit; OFFICIAL TITLE: A resolution
providing for the consideration of H.R. 2530, a bill to provide for
deficit reduction and achieve a balanced budget by fiscal year 2002.
58. H. Res. 341: SPON-Rep. Hoke; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to require that no
object or activity for which Federal money is provided shall be named
for a living individual who is or, within the last 5 Congresses, has
been a Member of Congress.
59. H. Res. 346: SPON-Rep. Goss; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives respecting the
procedures of the Committee on Standards of Official Conduct.
60. H. Res. 350: SPON-Rep. Mink; OFFICIAL TITLE: A resolution
relating to a question of the privileges of the House.
61. H. Res. 354: SPON-Rep. Jackson-Lee (TX); OFFICIAL TITLE: A
resolution relating to a question of the privileges of the House.
62. H. Res. 356: SPON-Rep. Gephardt; OFFICIAL TITLE: A resolution
to protect the creditworthiness of the United States and avoid default
of the United States Government.
63. H. Res. 358: SPON-Rep. Durbin; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to postpone final
House action on legislative branch appropriations for any fiscal year
until all other regular appropriations for that fiscal year are enacted
into law.
64. H. Res. 361: SPON-Rep. Zimmer; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to prohibit foreign
travel by a retiring Member.
65. H. Res. 364: SPON-Rep. Barr; OFFICIAL TITLE: A resolution
providing for the consideration of the bill (H.R. 125) to repeal the
ban on semi-automatic assault weapons and the ban on large capacity
ammunition.
66. H. Res. 369: SPON-Rep. Clinger; OFFICIAL TITLE: A resolution to
provide to the Committee on Government Reform and Oversight special
authorities to obtain testimony for purposes of investigation and study
of the White House Travel Office matter.
67. H. Res. 373: SPON-Rep. Smith (WA); OFFICIAL TITLE: A resolution
providing for the consideration of the bill (H.R. 2566) to reform the
financing of Federal elections, and for other purposes.
68. H. Res. 416: SPON-Rep. Gilman; OFFICIAL TITLE: A resolution
establishing a select subcommittee of the Committee on International
Relations to investigate the United States Role in Iranian arms
transfer to Croatia and Bosnia.
69. H. Res. 423: SPON-Rep. Ganske; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to require each
Member of the House of Representatives to submit annual reports for
publication in the Congressional Record on certain Federally-funded
travel taken by the Member during the year.
70. H. Res. 424: SPON-Rep. Sabo; OFFICIAL TITLE: A resolution
providing for the consideration of the resolution (H. Con. Res. 66)
setting forth the congressional budget for the United States Government
for the fiscal years 1996, 1997, 1998, 1999, 2000, 2001, and 2002.
71. H. Res. 425: SPON-Rep. Tanner; OFFICIAL TITLE: A resolution
providing for the consideration of the bill (H.R. 2915) to enhance
support and work opportunities for families with children, reduce
welfare dependence and control welfare spending.
72. H. Res. 443: SPON-Rep. Condit; OFFICIAL TITLE: A resolution
providing for consideration of the bill (H.R. 1627) to amend the
Federal Insecticide, Fungicide and Rodenticide Act and the Federal
Food, Drug, and Cosmetic Act, and for other purposes.
73. H. Res. 454: SPON-Rep. Lofgren; OFFICIAL TITLE: A resolution
directing the Committee on House Oversight of the House of
Representatives to take all necessary steps to make voting records of
members of the House and other information on the legislative
activities of the House accessible on the Internet through the official
homepage of the House of Representatives, and for other purposes.
74. H. Res. 457: SPON-Rep. Boehner; OFFICIAL TITLE: A resolution to
amend the Rules of the House of Representatives to prohibit the knowing
solicitation, distribution, or acceptance of campaign contributions in
the Hall of the House or rooms leading thereto.
75. H. Res. 461: SPON-Rep. Cox; OFFICIAL TITLE: A resolution
regarding U.S. concerns with human rights abuse, nuclear and chemical
weapons proliferation, illegal weapons trading, military intimidation
of Taiwan, and trade violations by the People's Republic of China and
the People's Liberation Army, and directing the committees of
jurisdiction to commence hearings and report appropriate legislation.
76. H. Res. 466: SPON-Rep. Bonilla; OFFICIAL TITLE: A resolution
providing for the consideration of the bill (H.R. 2275) to reauthorize
and amend the Endangered Species Act of 1973.
77. H. Res. 476: SPON-Rep. Stupak; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to reduce the number
of programs covered by each regular appropriation bill.
78. H. Res. 477: SPON-Rep. Minge; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives regarding trust
relationships.
79. H. Res. 478: SPON-Rep. White; OFFICIAL TITLE: A resolution to
amend the Rules of the House of Representatives to provide public
access to committee documents over the Internet, and for other
purposes.
80. H. Res. 480: SPON-Rep. Bass; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to implement the
recommendations of the Task Force on Committee Review regarding
committee operations, procedures, and staffing, and for other purposes.
81. H. Res. 486: SPON-Rep. Doolittle; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to require witnesses
at committee hearings to submit statements identifying Federal grants
or contracts received during the current and previous two fiscal years.
82. H. Res. 505: SPON-Rep. Fox; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to take away the
power of the Committee on Rules to report rules or orders waiving the
germaneness requirement.
83. H. Res. 512: SPON-Rep. Solomon; OFFICIAL TITLE: A resolution to
amend House Rules to require the random drug testing of officers and
employees of the House.
84. H. Res. 514: SPON-Rep. Solomon; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to reduce the number
of programs covered by each general appropriation bill.
85. H. Res. 518: SPON-Rep. Millender-McDonald; OFFICIAL TITLE: A
resolution to establish a Select Committee to Investigate CIA
Involvement in the financing, distribution and promulgation of crack
cocaine and the use of any proceeds to support the Contras.
86. H. Res. 519: SPON-Rep. Solomon; OFFICIAL TITLE: A resolution to
amend House Rules to require the random drug testing of Members,
officers and employees of the House.
87. H. Res. 520: SPON-Rep. Waters; OFFICIAL TITLE: A resolution to
establish a Select Committee to Investigate CIA Involvement in Crack
Cocaine Sales to Fund Contras.
88. H. Res. 533: SPON-Rep. Bono; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to require that
every Member establishes a written office policy regarding standards
for the use of computer software, programs, and data bases.
89. H. Res. 548: SPON-Rep. Minge; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to allow floor
consideration of amendments that are supported by at least 20 percent
of the membership of the majority and minority parties of the House.
90. H. Res. 549: SPON-Rep. Pryce; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to impose the
Ramseyer requirement on conference reports.
91. H. Res. 550: SPON-Rep. Shays; OFFICIAL TITLE: A resolution
amending the Rules of the House of Representatives to permit standing
committees and subcommittees to designate members to question witnesses
for periods not to exceed 30 minutes.
house bills
1. H.R. 1: SPON-Rep. Shays; OFFICIAL TITLE: A bill to make certain
laws applicable to the legislative branch of the Federal Government.
2. H.R. 2: SPON-Rep. Clinger; OFFICIAL TITLE: A bill to give the
President item veto authority over appropriation Acts and targeted tax
benefits in revenue Acts.
3. H.R. 4: SPON-Rep. Shaw; OFFICIAL TITLE: A bill to restore the
American family, reduce illegitimacy, control welfare spending and
reduce welfare dependence.
4. H.R. 5: SPON-Rep. Clinger; OFFICIAL TITLE: A bill to curb the
practice of imposing unfunded Federal mandates on States and local
governments, to ensure that the Federal Government pays the costs
incurred by those governments in complying with certain requirements
under Federal statutes and regulations, and to provide information on
the cost of Federal mandates on the private sector, and for other
purposes.
5. H.R. 9: SPON-Rep. Archer; OFFICIAL TITLE: A bill to create jobs,
enhance wages, strengthen property rights, maintain certain economic
liberties, decentralize and reduce the power of the Federal Government
with respect to the States, localities, and citizens of the United
States, and to increase the accountability of Federal officials.
6. H.R. 10: SPON-Rep. Hyde; OFFICIAL TITLE: A bill to reform the
Federal civil justice system; to reform product liability law.
7. H.R. 27: SPON-Rep. Duncan; OFFICIAL TITLE: A bill to grant the
power to the President to reduce budget authority.
8. H.R. 58: SPON-Rep. Baker (LA); OFFICIAL TITLE: A bill to require
analysis and estimates of the likely impact of Federal legislation and
regulations upon small businesses, the private sector, and State and
local governments, and for other purposes.
9. H.R. 70: SPON-Rep. Thomas; OFFICIAL TITLE: A bill to permit
exports of certain domestically produced crude oil, and for other
purposes.
10. H.R. 87: SPON-Rep. Bartlett; OFFICIAL TITLE: A bill to
establish the Department of Energy Laboratory Facilities Commission,
and for other purposes.
11. H.R. 90: SPON-Rep. Sensenbrenner; OFFICIAL TITLE: A bill to
appropriate 2 percent of Federal individual income tax revenues to the
States to fight crime.
12. H.R. 108: SPON-Rep. Bilirakis; OFFICIAL TITLE: A bill to modify
the provision of law which provides a permanent appropriation for the
compensation of Members of Congress, and for other purposes.
13. H.R. 128: SPON-Rep. Solomon; OFFICIAL TITLE: A bill to give the
President legislative, line-item veto authority over budget authority
in appropriations bills in fiscal years 1996 and 1997.
14. H.R. 204: SPON-Rep. Condit; OFFICIAL TITLE: A bill to require
the President to submit to the Congress each year an integrated
justification for United States foreign assistance programs, and for
other purposes.
15. H.R. 215: SPON-Rep. Crapo; OFFICIAL TITLE: A bill to reform the
House of Representatives, and for other purposes.
16. H.R. 251: SPON-Rep. Gutierrez; OFFICIAL TITLE: A bill to amend
the Ethics Reform Act of 1989 to prevent any action to dissolve,
diminish the scope of the mission of, or limit the activities of, the
House Committee on Standards of Official Conduct during certain
investigations.
17. H.R. 252: SPON-Rep. Hamilton; OFFICIAL TITLE: A bill to improve
the operations of the legislative branch of the Federal Government, and
for other purposes.
18. H.R. 309: SPON-Rep. Klink; OFFICIAL TITLE: A bill to require
the Congress to comply with the laws which it requires others to comply
with.
19. H.R. 376: SPON-Rep. Stupak; OFFICIAL TITLE: A bill to provide
for return of excess amounts from official allowances of Members of the
House of Representatives to the Treasury for deficit reduction.
20. H.R. 430: SPON-Rep. Tauzin; OFFICIAL TITLE: A bill to establish
The National Dividend Plan by reforming the budget process, and by
amending the Internal Revenue Code of 1986 to eliminate the double tax
on dividends, to allocate corporate income tax revenues for payments to
qualified registered voters, and for other purposes.
21. H.R. 470: SPON-Rep. Gilman; OFFICIAL TITLE: A bill to provide
for adherence with the MacBride Principles by United States persons
doing business in Northern Ireland.
22. H.R. 567: SPON-Rep. Bentsen; OFFICIAL TITLE: A bill to require
that the President transmit to Congress, that the congressional Budget
Committees report, and that the Congress consider a balanced budget for
each fiscal year.
23. H.R. 678: SPON-Rep. Porter; OFFICIAL TITLE: A bill to amend the
Congressional Budget and Impoundment Control Act of 1974 to provide for
the expedited consideration of certain proposed cancellations of budget
items.
24. H.R. 759: SPON-Rep. Knollenberg; OFFICIAL TITLE: A bill to
improve the effectiveness of Federal welfare efforts and increase
citizen participation in fighting poverty.
25. H.R. 766: SPON-Rep. Callahan; OFFICIAL TITLE: A bill to amend
the Congressional Budget Act of 1974 to provide for a two-year
(biennial) budgeting cycle, and for other purposes.
26. H.R. 788: SPON-Rep. Royce; OFFICIAL TITLE: A bill to amend the
Congressional Budget and Impoundment Control Act of 1974 to prohibit
the consideration of retroactive tax increases.
27. H.R. 815: SPON-Rep. Wyden; OFFICIAL TITLE: A bill to provide
that the Bureau of Labor Statistics may not change, during the 104th
Congress, the method of calculating the consumer price index if it
would result in higher taxes unless the change has been approved by
law.
28. H.R. 821: SPON-Rep. McIntosh; OFFICIAL TITLE: A bill to reform
the regulatory process, and for other purposes.
29. H.R. 822: SPON-Rep. Miller (FL); OFFICIAL TITLE: A bill to
provide a fair, nonpolitical process that will achieve $45,000,000,000
in budget outlay reductions each fiscal year until a balanced budget is
reached.
30. H.R. 823: SPON-Rep. Miller (FL); OFFICIAL TITLE: A bill to
provide a fair, nonpolitical process that will achieve $45,000,000,000
in budget outlay reductions each fiscal year until a balanced budget is
reached.
31. H.R. 834: SPON-Rep. Jacobs; OFFICIAL TITLE: A bill to nullify
the 25 percent pay increase that was afforded to Members of Congress
and certain other Government officials by the Ethics Reform Act of
1989; to repeal section 225 of the Federal Salary Act of 1967, and for
other purposes.
32. H.R. 841: SPON-Rep. Wolf; OFFICIAL TITLE: A bill to provide an
equitable process for strengthening the passenger rail service network
of Amtrak through the timely closure and realignment of routes with low
economic performance.
33. H.R. 1050: SPON-Rep. Dellums; OFFICIAL TITLE: A bill to
establish a living wage, jobs for all policy for the United States in
order to reduce poverty, inequality, and the undue concentration of
income, wealth, and power in the United States, and for other purposes.
34. H.R. 1064: SPON-Rep. Sensenbrenner; OFFICIAL TITLE: A bill to
repeal the Impoundment Control Act of 1974.
35. H.R. 1100: SPON-Rep. Maloney; OFFICIAL TITLE: A bill to
establish a temporary commission to recommend reforms in the laws
relating to elections for Federal office.
36. H.R. 1110: SPON-Rep. Allard; OFFICIAL TITLE: A bill to amend
the Congressional Budget Act of 1974 and the Balanced Budget and
Emergency Deficit Control Act of 1985 to limit the rate of growth of
Federal outlays to 2 percent per year.
37. H.R. 1111: SPON-Rep. Dornan; OFFICIAL TITLE: A bill to clarify
the war powers of Congress and the President in the post-Cold War
period.
38. H.R. 1131: SPON-Rep. McCrery; OFFICIAL TITLE: A bill to balance
the Federal budget by fiscal year 2002 through the establishment of
Federal spending limits.
39. H.R. 1162: SPON-Rep. Crapo; OFFICIAL TITLE: A bill to establish
a Deficit Reduction Trust Fund and provide for the downward adjustment
of discretionary spending limits in appropriation bills.
40. H.R. 1186: SPON-Rep. Oxley; OFFICIAL TITLE: A bill to provide
for the safety of journeymen boxers, and for other purposes.
41. H.R. 1219: SPON-Rep. Kasich; OFFICIAL TITLE: A bill to amend
the Congressional Budget Act of 1974 and the Balanced Budget and
Emergency Deficit Control Act of 1985 to extend and reduce the
discretionary spending limits, and for other purposes.
42. H.R. 1233: SPON-Rep. Wise; OFFICIAL TITLE: A bill to improve
budgetary information by requiring that the unified budget presented by
the President contain an operating budget and a capital budget,
distinguish between general funds, trust funds, and enterprise funds,
and for other purposes.
43. H.R. 1245: SPON-Rep. Castle; OFFICIAL TITLE: A bill to amend
the Congressional Budget Act of 1974 to provide for budgeting for
emergencies through the establishment of a budget reserve account, and
for other purposes.
44. H.R. 1327: SPON-Rep. Kasich; OFFICIAL TITLE: A bill to provide
tax relief to strengthen the American family and create jobs, to reduce
Federal spending and the budget deficit, and for other purposes.
45. H.R. 1356: SPON-Rep. Sanders; OFFICIAL TITLE: A bill to amend
the Ethics in Government Act of 1978 to strengthen financial disclosure
requirements, and for other purposes.
46. H.R. 1387: SPON-Rep. Barrett (WI); OFFICIAL TITLE: A bill to
amend the Congressional Budget Act of 1974 to establish a process to
identify and control tax expenditures.
47. H.R. 1424: SPON-Rep. Stearns; OFFICIAL TITLE: A bill to provide
Americans with secure, portable health insurance benefits through tax
credits, medical savings accounts, and greater choice of health
insurance plans without mandates, and for other purposes.
48. H.R. 1434: SPON-Rep. Houghton; OFFICIAL TITLE: A bill to
establish a commission to review the dispute settlement reports of the
World Trade Organization, and for other purposes.
49. H.R. 1516: SPON-Rep. Visclosky; OFFICIAL TITLE: A bill to
achieve a balanced Federal budget by fiscal year 2002 and each year
thereafter, achieve significant deficit reduction in fiscal year 1996
and each year through 2002, establish a Board of Estimates, require the
President's budget and the congressional budget process to meet
specified deficit reduction and balance requirements, enforce those
requirements through a multiyear congressional budget process and, if
necessary, sequestration, and for other purposes.
50. H.R. 1560: SPON-Rep. Gephardt; OFFICIAL TITLE: A bill to expand
United States exports of goods and services by requiring the
development of objective criteria to achieve market access in foreign
countries, to provide the President with reciprocal trade authority,
and for other purposes.
51. H.R. 1561: SPON-Rep. Gilman; OFFICIAL TITLE: A bill to
consolidate the foreign affairs agencies of the United States; to
authorize appropriations for the Department of State and related
agencies for fiscal years 1996 and 1997; to responsibly reduce the
authorizations of appropriations for United States foreign assistance
programs for fiscal years 1996 and 1997, and for other purposes.
52. H.R. 1563: SPON-Rep. Gilman; OFFICIAL TITLE: A bill to
authorize appropriations for foreign assistance programs, and for other
purposes.
53. H.R. 1576: SPON-Rep. Zimmer; OFFICIAL TITLE: A bill to amend
section 207 of title 18, United States Code, to tighten restrictions on
former executive and legislative branch officials and employees, and
for other purposes.
54. H.R. 1676: SPON-Rep. Jacobs; OFFICIAL TITLE: A bill to amend
the Omnibus Budget Reconciliation Act of 1990 to clarify that the
expenses of administering the Old Age, Survivors and Disability
Insurance programs are not included in the budget of the United States
Government, and for other purposes.
55. H.R. 1763: SPON-Rep. Fox; OFFICIAL TITLE: A bill to require the
review of all Federal departments and agencies and their programs, and
for other purposes.
56. H.R. 1837: SPON-Rep. Franks (NJ); OFFICIAL TITLE: A bill to
establish a temporary commission to recommend reforms in the laws
relating to elections for Federal office.
57. H.R. 1923: SPON-Rep. Solomon; OFFICIAL TITLE: A bill to balance
the budget of the United States Government by restructuring government,
reducing Federal spending, eliminating the deficit, limiting
bureaucracy, and restoring federalism.
58. H.R. 1993: SPON-Rep. Tiahrt; OFFICIAL TITLE: A bill to abolish
the Department of Energy and restoring federalism.
59. H.R. 2006: SPON-Rep. Gekas; OFFICIAL TITLE: A bill to amend
title 31, United States Code, to provide an automatic continuing
appropriation for the United States Government.
60. H.R. 2060: SPON-Rep. Armey; OFFICIAL TITLE: A bill to promote
freedom, fairness, and economic opportunity for families by reducing
the power and reach of the Federal establishment.
61. H.R. 2072: SPON-Rep. Smith (WA); OFFICIAL TITLE: A bill to
amend the Federal Election Campaign Act of 1971 to ban contributions to
candidates in elections for Federal office by persons other than
individuals and political party committees, to amend the Rules of the
House of Representatives to ban gifts, and for other purposes.
62. H.R. 2117: SPON-Rep. Hoekstra; OFFICIAL TITLE: A bill to
provide that the voters of the United States be given the right,
through advisory voter initiative, to propose the enactment and repeal
of Federal laws in a national election.
63. H.R. 2152: SPON-Rep. English; OFFICIAL TITLE: A bill to
establish the Independent Commission on Medicare to make
recommendations on how to best match the structure of the medicare
program with the funding made available for the program by Congress, to
provide for expedited consideration in Congress of the Commission's
recommendations, and to establish a default process for meeting
Congressional spending targets for the medicare program if Congress
rejects the Commission's recommendations.
64. H.R. 2197: SPON-Rep. Allard; OFFICIAL TITLE: A bill to amend
the Congressional Budget Act of 1974 to establish a point of order
against certain continuing resolutions.
65. H.R. 2347: SPON-Rep. Burton; OFFICIAL TITLE: A bill to seek
international sanctions against the Castro government in Cuba, to plan
for support of a transition government leading to a democratically
elected government in Cuba, and for other purposes.
66. H.R. 2371: SPON-Rep. Archer; OFFICIAL TITLE: A bill to provide
trade agreements authority to the President.
67. H.R. 2403: SPON-Rep. Clement; OFFICIAL TITLE: A bill to amend
title 49, United States Code, with respect to the regulation of
interstate transportation by common carriers engaged in civil aviation,
and for other purposes.
68. H.R. 2425: SPON-Rep. Archer; OFFICIAL TITLE: A bill to amend
title XVIII of the Social Security Act to preserve and reform the
medicare program.
69. H.R. 2459: SPON-Rep. Kasich; OFFICIAL TITLE: A bill to amend
the Congressional Budget Act of 1974 to extend and reduce the
discretionary spending limits and to extend the pay-as-you-go
requirements set forth in the Balanced Budget and Emergency Deficit
Control Act of 1985.
70. H.R. 2485: SPON-Rep. Archer; OFFICIAL TITLE: A bill to amend
title XVIII of the Social Security Act to preserve and reform the
medicare program.
71. H.R. 2486: SPON-Rep. Peterson (MN); OFFICIAL TITLE: A bill to
amend title XVIII of the Social Security Act to preserve and reform the
medicare program.
72. H.R. 2517: SPON-Rep. Kasich; OFFICIAL TITLE: A bill to provide
for reconciliation pursuant to section 105 of the concurrent resolution
on the budget for fiscal year 1996.
73. H.R. 2526: SPON-Rep. Owens; OFFICIAL TITLE: A bill to create a
Creative Revenues Commission, to facilitate the reform of the Federal
tax system, and for other purposes.
74. H.R. 2530: SPON-Rep. Orton; OFFICIAL TITLE: A bill to provide
for deficit reduction and achieve a balanced budget by fiscal year
2002.
75. H.R. 2557: SPON-Rep. Ewing; OFFICIAL TITLE: A bill to amend the
Agricultural Trade Act of 1978 to provide greater assurances for
contract sanctity.
76. H.R. 2564: SPON-Rep. Canady; OFFICIAL TITLE: A bill to provide
for the disclosure of lobbying activities to influence the Federal
Government, and for other purposes.
77. H.R. 2588: SPON-Rep. DeFazio; OFFICIAL TITLE: A bill to nullify
the 25 percent pay increase afforded to Members of Congress by the
Ethics Reform Act of 1989, and for other purposes.
78. H.R. 2599: SPON-Rep. Barton; OFFICIAL TITLE: A bill to reform
the Congressional Budget Process, establish binding spending caps,
introduce fiscal integrity, discipline and accountability, and for
other purposes.
79. H.R. 2610: SPON-Rep. Sanford; OFFICIAL TITLE: A bill to
eliminate certain benefits for Members of Congress.
80. H.R. 2622: SPON-Rep. Cardin; OFFICIAL TITLE: A bill to amend
the Congressional Budget Act of 1974 to require that budget resolutions
be joint resolutions and that those resolutions contain extensions of
the statutory limit on the public debt, and for other purposes.
81. H.R. 2635: SPON-Rep. White; OFFICIAL TITLE: A bill to establish
a temporary commission to recommend reforms in the laws relating to
elections for Congress.
82. H.R. 2727: SPON-Rep. Hayworth; OFFICIAL TITLE: A bill to
require Congress and the President to fulfill their Constitutional duty
to take personal responsibility for Federal laws.
83. H.R. 2755: SPON-Rep. Foglietta; OFFICIAL TITLE: A bill to
establish a Corporate and Farm Independence Commission, and for other
purposes.
84. H.R. 2797: SPON-Rep. Volkmer; OFFICIAL TITLE: A bill to abolish
the Committee on Standards of Official Conduct in the House of
Representatives, establish an Independent Commission on Congressional
Ethics, and provide for the transfer of the duties and functions of the
Committee to the Independent Commission.
85. H.R. 2802: SPON-Rep. Longley; OFFICIAL TITLE: A bill to impose
temporarily a 25 percent duty on imports of certain Canadian wood and
lumber products, to require the administering authority to initiate an
investigation under title VII of the Tariff Act of 1930 with respect to
such products, and for other purposes.
86. H.R. 2903: SPON-Rep. Kasich; OFFICIAL TITLE: A bill to provide
for deficit reduction and achieve a balanced budget by fiscal year
2002.
87. H.R. 2990: SPON-Rep. Smith (MI); OFFICIAL TITLE: A bill to
require congressional approval of proposed rules considered by the
Congress to be significant rules.
88. H.R. 3023: SPON-Rep. Shaw; OFFICIAL TITLE: A bill to require
the imposition of certain trade sanctions on countries which threaten
the national security of the United States and the health and safety of
United States citizens by failing to take effective action against the
production of and trafficking in illicit narcotic, and psychotropic
substances, and for other purposes.
89. H.R. 3024: SPON-Rep. Young (AK); OFFICIAL TITLE: A bill to
provide a process leading to full self-government for Puerto Rico.
90. H.R. 3121: SPON-Rep. Gilman; OFFICIAL TITLE: A bill to amend
the Foreign Assistance Act of 1961 and the Arms Export Control Act to
make improvements to certain defense and security assistance provisions
under those Acts, to authorize the transfer of naval vessels to certain
foreign countries, and for other purposes.
91. H.R. 3125: SPON-Rep. English; OFFICIAL TITLE: A bill to provide
for improvements in financial security for senior citizens.
92. H.R. 3136: SPON-Rep. Archer; OFFICIAL TITLE: A bill to provide
for enactment of the Senior Citizens' Right to Work Act of 1996, the
Line Item Veto Act, and the Small Business Growth and Fairness Act of
1996, and to provide for a permanent increase in the public debt limit.
93. H.R. 3277: SPON-Rep. Smith (TX); OFFICIAL TITLE: A bill to
ensure congressional approval of the amount of compliance costs imposed
on the private sector by regulations issued under new or reauthorized
Federal laws.
94. H.R. 3314: SPON-Rep. Regula; OFFICIAL TITLE: A bill to assess
the impact of the NAFTA, to require further negotiation of certain
provisions of the NAFTA, to establish a commission to review the
dispute settlement reports of the World Trade Organization, and for
other purposes.
95. H.R. 3351: SPON-Rep. Foglietta; OFFICIAL TITLE: A bill to
establish a Corporate Independence Commission, and for other purposes.
96. H.R. 3375: SPON-Rep. Royce; OFFICIAL TITLE: A bill to amend the
Internal Revenue Code of 1986 to repeal the 1993 increase in motor
fuels tax, and for other purposes.
97. H.R. 3379: SPON-Rep. Condit; OFFICIAL TITLE: A bill to amend
chapter 11 of title 31, United States Code, to require that each
President's budget submission to Congress include a detailed plan to
achieve a balanced Federal budget, and for other purposes.
98. H.R. 3407: SPON-Rep. Roth; OFFICIAL TITLE: A bill to establish
the Thrift Charter Merger Commission, and for other purposes.
99. H.R. 3411: SPON-Rep. Shadegg; OFFICIAL TITLE: A bill to protect
the rights of the States and the people from abuse by the Federal
Government; to strengthen the partnership and the intergovernmental
relationship between State and Federal Governments; to restrain Federal
agencies from exceeding their authority; to enforce the Tenth Amendment
to the Constitution; and for other purposes.
100. H.R. 3483: SPON-Rep. Moran; OFFICIAL TITLE: A bill to amend
title 5, United States Code, to enable Federal agencies to design
personnel systems suited to their missions, and for other purposes.
101. H.R. 3505: SPON-Rep. Farr; OFFICIAL TITLE: A bill to amend the
Federal Election Campaign Act of 1971, and for other purposes.
102. H.R. 3539: SPON-Rep. Shuster; OFFICIAL TITLE: A bill to amend
title 49, United States Code, to reauthorize programs of the Federal
Aviation Administration, and for other purposes.
103. H.R. 3564: SPON-Rep. Gilman; OFFICIAL TITLE: A bill to amend
the NATO Participation Act of 1994 to expedite the transition to full
membership in the North Atlantic Treaty Organization of emerging
democracies in Central and Eastern Europe.
104. H.R. 3566: SPON-Rep. Barrett (WI); OFFICIAL TITLE: A bill to
expand the definition of limited tax benefit for purposes of the Line
Item Veto Act.
105. H.R. 3622: SPON-Rep. Chrysler; OFFICIAL TITLE: A bill to
provide for the substitution of the term ``standard trade relations''
in lieu of ``nondiscriminatory treatment'' and ``most-favored-nation
treatment'', and for other purposes.
106. H.R. 3670: SPON-Rep. Schaefer; OFFICIAL TITLE: A bill to
extend certain programs under the Energy Policy and Conservation Act
through fiscal year 1998, and for other purposes.
107. H.R. 3792: SPON-Rep. Bass; OFFICIAL TITLE: A bill to restore
integrity, goodwill, honesty, and trust to Congress.
108. H.R. 3982: SPON-Rep. Franks (NJ); OFFICIAL TITLE: A bill to
establish a Permanent Performance Review Commission.
109. H.R. 3992: SPON-Rep. McCarthy; OFFICIAL TITLE: A bill to
establish the National Commission on the Long-Term Solvency of the
Medicare Program.
110. H.R. 3996: SPON-Rep. Myrick; OFFICIAL TITLE: A bill to amend
title 18, United States Code, to punish false statements during debate
on the floor of either House of Congress.
111. H.R. 4060: SPON-Rep. Solomon; OFFICIAL TITLE: A bill to
establish the Commission on the Future for America's Veterans.
112. H.R. 4065: SPON-Rep. Gephardt; OFFICIAL TITLE: A bill to
require prior congressional approval before the President supports the
admission of the People's Republic of China into the World Trade
Organization, and to provide for the withdrawal of the United States
from the World Trade Organization if China is accepted into the WTO
without the support of the United States.
113. H.R. 4142: SPON-Rep. Barton; OFFICIAL TITLE: A bill to amend
the Congressional Budget Act of 1974 provide for the withdrawal of the
United States from the World Trade Organization if China is accepted
into the WTO without the support of the United States.
114. H.R. 4214: SPON-Rep. Orton; OFFICIAL TITLE: A bill to amend
the Antiquities Act to provide for the Congressional approval of the
establishment of national monuments, and for other purposes.
115. H.R. 4215: SPON-Rep. Petri; OFFICIAL TITLE: A bill to provide
for the establishment and maintenance of personal social security
investment accounts for all Americans under the social security system.
116. H.R. 4228: SPON-Rep. Young; OFFICIAL TITLE: A bill to provide
a process leading to full self-government for Puerto Rico.
117. H.R. 4280: SPON-Rep. Thomas; OFFICIAL TITLE: A bill to amend
title 44, United States Code, to establish the Joint Committee on
Information, and for other purposes.
118. H.R. 4281: SPON-Rep. Young (AK); OFFICIAL TITLE: A bill to
provide a process leading to full self-government for Puerto Rico.
119. H.R. 4285: SPON-Rep. Cox; OFFICIAL TITLE: A bill to amend the
Congressional Budget and Impoundment Control Act of 1974 to reform the
budget process, and for other purposes.
120. H.R. 4289: SPON-Rep. Bereuter; OFFICIAL TITLE: A bill to
provide a more effective remedy for inadequate trade benefits extended
to the United States by other countries and for restrictions on free
emigration imposed by other countries.
121. H.R. 4327: SPON-Rep. White; OFFICIAL TITLE: A bill to
establish a temporary commission to recommend reforms in the laws
relating to elections for Federal office.
house concurrent resolutions
1. H. Con. Res. 17: SPON-Rep. Flanagan; OFFICIAL TITLE: A
concurrent resolution relating to the treatment of Social Security
under any constitutional amendment requiring a balanced budget.
2. H. Con. Res. 126: SPON-Rep. Dornan; OFFICIAL TITLE: A concurrent
resolution to establish a joint committee to oversee the conduct of
Operation Joint Endeavor/Task Force Eagle.
3. H. Con. Res. 131: SPON-Rep. Kasich; OFFICIAL TITLE: A concurrent
resolution establishing procedures making the transmission of the
continuing resolution (H.J. Res. 134) to the President contingent upon
the submission by the President of a 7-year balanced budget using
updated economic and technical assumptions of the Congressional Budget
Office.
4. H. Con. Res. 222: SPON-Rep. Dornan; OFFICIAL TITLE: A concurrent
resolution providing that George Washington's ``Farewell Address''
shall be read at the beginning of each Congress.
house joint resolutions
1. H.J. Res. 95: SPON-Rep. DeFazio; OFFICIAL TITLE: A joint
resolution to amend the War Powers Resolution.
2. H.J. Res. 130: SPON-Rep. Hyde; OFFICIAL TITLE: A joint
resolution providing for the establishment of a Joint Committee on
Intelligence.
3. H.J. Res. 135: SPON-Rep. Dornan; OFFICIAL TITLE: A joint
resolution to establish a joint committee to oversee the conduct of
Operation Joint Endeavor/Task Force Eagle.
VIII. PUBLICATIONS
Committee on Rules Legislative Calendar, First Session, One
Hundred Fourth Congress.
Rules of the Committee on Rules, One Hundred Fourth
Congress, 1995-1996.
Rules Adopted by the Committees of the House of
Representatives, One Hundred Fourth Congress, 1995-1996
(Committee Print).
Joint Subcommittee hearings on the Congressional Budget
Process, One Hundred Fourth Congress, July 13, 19, and
September 13, 1995.
Hearings before the Committee on Rules on H.Res. 250,
Amending the Rules of the House of Representatives to provide
for Gift Reform, One Hundred Fourth Congress, November 2 and 7,
1995.
Report on Survey of House Committee Chairmen and Ranking
Minority Members on Committee Operations, Staffing, and
Procedures, One Hundred Fourth Congress, September 5, 1996
(Committee Print).
Hearings before the Committee on Rules on Congressional
Reform, Building on Change: Preparing for the 105th Congress,
One Hundred Fourth Congress. (July 17, 1996 before the Full
Committee) (July 24, September 5 and 12, 1996 before the Joint
Subcommittees on Legislative and Budget Process and
Organization of the House).
Committee on Rules Legislative Calendar, Final Calendar,
One Hundred Fourth Congress.
Survey of Activities of the House Committee on Rules, One
Hundred Fourth Congress, 1995-1996. Report 104-868, 2d Session.
ADDITIONAL VIEWS
While some of the procedural changes the Republican
majority instituted during this Congress are commendable, their
record is not so successful as this survey suggests.
In our view, the majority fell far short of the goals they
expressed at the beginning of this Congress. They said that 70
percent of rules issued by the Committee would be open;
instead, less than 45 percent were open. They made a commitment
to preserve and expand the minority's rights to offer a motion
to recommit; instead, they found new ways to restrict that
right.
The majority also claimed they would not use the new
unfunded mandates point of order in ways other than for which
it was explicitly intended, but the first time it was invoked,
it was used to block consideration of a minority motion to
recommit, even though the motion contained no mandate, as the
Congressional Budget Office confirmed.
In addition, the majority said they would try never to
waive all points of order, but the Committee reported more than
100 rules containing such blanket waivers. The majority said
that they would not invoke ``martial law''--a special rule
allowing rules to be brought up without the usual one-day
layover--yet kept the House under martial law for the longest
extended period in history.
Three new House rules established by the Republican
majority were routinely waived. One was the \3/5\ vote
requirement for any measure increasing income taxes, which was
waived for every measure where it potentially applied. A second
was the rule prohibiting committees from conducting business
while the House was in the Committee of the Whole; that rule
was waived more than 950 times. The third was the rule limiting
Members to no more than two standing committee and four
subcommittee assignments; at the end of the 104th Congress, 41
Republican Members exceed the two-committee limit and 30
exceeded the four-subcommittee limit.
These views explain in detail the ways in which the
Republican majority failed to meet the procedural standards
they set for the House during the 104th Congress.
openness vs. restrictive rules
On January 5, 1995, Chairman Solomon said, ``I have been
instructed by our new Speaker Gingrich . . . He has instructed
me to try to have open rules and fair rules be the norm of this
Congress . . . 70 percent of the rules in the 103rd Congress
were restricted or closed rules. We are going to try to turn
that around . . . I am going to pledge to try to turn this
around: Instead of having 70 percent closed rules and
restricted rules, we are going to have 70 percent open and
unrestricted rules, if we possibly can.'' [January 5, 1995,
Congressional Record, H134, H135, H137].
Using their own definition of open, less than 45 percent of
the rules reported from the Rules Committee were open, far
short of their 70 percent goal. We disagree with their
definitions but even on their own terms, they failed.
The chart above demonstrates that Republicans failed to
make more than a modest improvement. In fact, the small gain in
the percentage of open rules is accounted for by the use of
three parliamentary ruses used to push some closed rules off
the chart and to include some questionable open rules on the
chart:
(1) a handful of closed rules were adopted by the House but
were not reported by the Committee on Rules and, therefore, do
not count in these statistics. Examples include: (1) H.Res. 6
adopted on opening day (before the Committee on Rules had
organized) which contained a completely closed rule for
consideration of H.R. 1 and (2) a time cap rule for
consideration of H.R. 729, adopted by the House but not
reported from the Committee.
(2) a handful of open rules were reported to provide for
consideration of measures that were debated briefly and then
adopted either by voice vote or by recorded vote with more than
\2/3\ voting aye. These are added to the chart even though such
measures would ordinarily be considered on the suspension
calendar, and we suspect the Committee granted open rules only
in order to pad the Committee's statistics. Examples include:
H.R. 101, passed by voice vote immediately after adoption of
the committee amendment (a version of the bill as amended could
have been considered under suspension of the rules), H.R. 400,
passed without amendment by a vote of 427 to 0, and, H.R. 440,
passed by voice vote without amendment.
(3) some open rules were reported and adopted by the House
even though the majority later changed the terms of debate to
consider the measures under restrictive floor procedures.
Chairman Solomon's memo below explains this strange alchemy--
how to transform an open rule into one that limits the offering
of amendments--and suggests that it be used more often: The
rules in this third category are all treated as open rules in
our statistics.
In the beginning of the 104th Congress a Roll Call headline
stated Chairman Solomon Says He plans to Grant Open Rules on 75
Percent of Bills Next Year.\1\ On January 5th Chairman Solomon
stated on the Floor ``I am going to say to you now, today we
are shooting to have 70 percent of those rules open so that as
the minority and even the majority Members over here will have
the right to work their will on the floor of this Congress.''
We were encouraged by Mr. Solomon's commitment to openness on
the House floor and looked forward to a constructive Congress.
---------------------------------------------------------------------------
\1\ Roll Call, November 28, 1994.
---------------------------------------------------------------------------
Unfortunately, not only did the majority not reach Chairman
Solomon's goal of 70 percent open rules, they employed what can
only be described as a sleight of hand to define what is an
open rule and what is restrictive rule in order to improve
their statistics. According to the majority, 58.5 percent of
the rules reported by the committee this session were
categorized as open/modified open, 27.5 percent were
structured/modified closed, and 14 percent were closed. We take
some exception to these statistics because we believe that they
do not honestly reflect the breakdown of special rules during
the 104th Congress.
In their views for the Survey of Activities for the 102nd
Congress, the Republicans railed against the Democrats rules
classification system. They pointed out that the Republican
classification system used in the 102nd Congress (and the
103rd): ``while identifying individual rules as open, closed or
modified closed, lists the latter two as restrictive for the
purposes of its comparative tables since the differences
between modified open and modified closed are often in the eye
of the beholder and closed rules are simply the most extreme
form of a restrictive rule.'' \2\
---------------------------------------------------------------------------
\2\ Survey of Activities of the House Committee on Rules, 102nd
Congress.
---------------------------------------------------------------------------
In those same views the Republicans criticized rules which
set an overall time limit on the amendment process: ``The
majority attempts to paint these as nearly open rules as well
since as they observe of the 102nd Congress, under such rules
`there were no instances in which the amendment process took
the entire time allotted.' Nevertheless, we are concerned that
such time caps may well cut-off Members who otherwise would
like to offer amendments, especially since the managers of the
bills can cleverly see to it that most time is consumed on
committee amendments.'' \3\
---------------------------------------------------------------------------
\3\ Survey of Activities of the House Committee on Rules, 102nd
Congress.
---------------------------------------------------------------------------
They also classified rules which require amendments to be
printed in the Congressional Record as restrictive. ``The
minority classifies such rules as modified open, though they
are still restrictive. Members who have not had time to look at
a bill and draft amendments prior to its being called up are
still shut out of the process.'' \4\
---------------------------------------------------------------------------
\4\ Ibid.
---------------------------------------------------------------------------
However, with their ascension to majority status, the
Republicans came to the conclusion that their definition of
what is open and restrictive was no longer needed. They now
categorize special rules as follows. An open/modified open rule
is defined as: ``one under which any Member may offer a germane
amendment under the five minute rule. A modified open rule is
one under which any Member may offer a germane amendment under
the five minute rule subject only to an overall time limit on
the amendment process and/or a requirement that the amendment
be pre-printed in the Congressional Record.'' \5\
---------------------------------------------------------------------------
\5\ The Amendment Process Under Special Rules Reported by the Rules
Committee 103rd Congress V. 104th Congress (as of September 30, 1996).
---------------------------------------------------------------------------
The term restrictive has completely disappeared from their
lexicon and in its place the term structured/modified closed
appears. This type of rule is defined as: ``one under which the
Rules Committee limits the amendments that may be offered only
to those amendments designated in the special rule or the Rules
Committee report to accompany it, or which preclude amendments
to a particular portion of a bill, even though the rest of the
bill may be completely open to amendments.''
Why would the Republicans make such a change? We believe
the answer to that can be found in the tables accompanying
these views. This analysis clearly shows that if the
Republicans had held themselves to the same rigid standards
that they held us to when we were in the majority, that their
numbers would be almost the exact opposite of what they purport
them to be, 56 percent restrictive, 44 percent open.
Essentially the Republicans decided to change the rules of the
game in order to make their manipulation of the rules process
look more open than that of the democrats. We find this
disturbing and hypocritical considering the past statements
made by Republicans on the floor of the House and in past
Survey of Activities.
In this edition of the Survey of Activities the Republicans
comment on the submission of charts which categorize rules in
the Congressional Record during the course of this Congress.
They correctly point out that we did not confine our charts
solely to resolutions reported from the Rules Committee. In
fact our chart was titled ``Floor Procedure in the 104th
Congress'' and was intended to illustrate the Republicans' use
of parliamentary procedure to restrict the Democrats
opportunity to amend legislation.
They took particular exception to the inclusion of several
resolutions which provide for the disposition of Senate
amendments. These resolutions are especially important because
they provide for the consideration of Senate bills in the House
and deny the minority its right to the motion to recommit.
Frankly, we were shocked that the Republicans would take
exception to their inclusion in our charts since they
championed the protection of this right for so many years when
they were in the minority. We would like to point out that for
the purposes of this document, which is dedicated solely to
activities of the Rules Committee, we have eliminated the six
resolutions which were not reported from the committee.
No matter how the total is calculated, the statistics
reveal that the Republicans fell well short of Chairman
Solomon's stated goal of reporting open rules on 70 percent of
bills during the 104th Congress.
The following is a chart which documents the resolutions
reported from the Rules Committee during the 104th Congress.
This chart is different from the one which was submitted for
the Congressional Record during the session and which the
Republicans took strong exception to. The information contained
in that chart covered all floor procedure during the session
and included closed rules adopted by the House such as the
resolution providing for the consideration of H.R. 1 which was
not reported from the Committee. While we did take such
resolutions out of this chart we did not exclude three
resolutions which make in order House amendments to Senate
amendments to House passed bills. The reason for this is
because these rules clearly provide for the initial
consideration of continuing resolutions and also restrict the
minority's traditional right to the motion to recommit. For
further discussion of this point please read the section titled
Motion to Recommit.
ANALYSIS OF RESOLUTIONS, 104TH CONGRESS, 1ST SESSION; COMPILED BY THE RULES COMMITTEE DEMOCRATS
--------------------------------------------------------------------------------------------------------------------------------------------------------
Process used for floor
Bill No. Title Resolution No. consideration Amendments in order
--------------------------------------------------------------------------------------------------------------------------------------------------------
H.R. 5......................... Unfunded Mandates............................ H. Res. 38......... Restrictive; Motion N/A
*Contract* adopted over Democratic
objection in the
Committee of the Whole
to limit debate on
section 4; Pre-printing
gets preference.
H.J. Res. 2.................... Balanced Budget.............................. H. Res. 44......... Restrictive; only certain 2R; 4D
*Contract* substitutes; PQ **NR.
H.R. 101....................... To transfer a parcel of land to the Taos H. Res. 51......... Open..................... N/A
Pueblo Indians of New Mexico.
H.R. 400....................... To provide for the exchange of lands within H. Res. 52......... Open..................... N/A
Gates of the Arctic National Park and
Preserve.
H.R. 440....................... To provide for the conveyance of lands to H. Res. 53......... Open..................... N/A
certain individuals in Butte County,
California.
H.R. 2......................... Line Item Veto............................... H. Res. 55......... Open; Pre-printing gets N/A
*Contract* preference.
H.R. 665....................... Victim Restitution Act of 1995............... H. Res. 61......... Open; Pre-printing gets N/A
*Contract* preference.
H.R. 666....................... Exclusionary Rule Reform Act of 1995......... H. Res. 60......... Open; Pre-printing gets N/A
*Contract* preference.
H.R. 667....................... Violent Criminal Incarceration Act of 1995... H. Res. 63......... Restrictive; 10 hr. Time N/A
*Contract* Cap on amendments.
H.R. 668....................... The Criminal Alien Deportation Improvement H. Res. 69......... Open; Pre-printing gets N/A
*Contract* Act. preference; Contains
self-executing provision.
H.R. 728....................... Local Government Law Enforcement Block Grants H. Res. 79......... Restrictive; 10 hr. Time N/A
*Contract* Cap on amendments; Pre-
printing gets preference.
H.R. 7......................... National Security Revitalization Act......... H. Res. 83......... Restrictive; 10 hr. Time N/A
*Contract* Cap on amendments; Pre-
printing gets
preference; PQ.
H.R. 831....................... To Permanently Extend the Health Insurance H. Res. 88......... Restrictive; makes in N/A
Deduction for the Self-Employed. order only the Gibbons
amendment; waives all
points of order;
Contains self-executing
provision; PQ.
H.R. 830....................... The Paperwork Reduction Act.................. H. Res. 91......... Open..................... N/A
*Contract*
H.R. 889....................... Emergency Supplemental/Rescinding Certain H. Res. 92......... Restrictive; makes in 1D
Budget Authority. order only the Obey
substitute.
H.R. 450....................... Regulatory Moratorium........................ H. Res. 93......... Restrictive; 10 hr. Time N/A
*Contract* Cap on amendments; Pre-
printing gets preference.
H.R. 1022...................... Risk Assessment.............................. H. Res. 96......... Restrictive; 10 hr. Time N/A
*Contract* Cap on amendments **NR.
H.R. 926....................... Regulatory Flexibility....................... H. Res. 100........ Open..................... N/A
*Contract*
H.R. 925....................... Private Property Protection Act.............. H. Res. 101........ Restrictive; 12 hr. time 1D
*Contract* cap on amendments;
Requires Members to pre-
print their amendments
in the Record prior to
the bill's consideration
for amendment; waives
germaneness and budget
act points of order as
well as points of order
concerning appropriating
on a legislative bill
against the committee
substitute used as base
text.
H.R. 1058...................... Securities Litigation Reform Act............. H. Res. 105........ Restrictive; 8 hr. time 1D
*Contract* cap on amendments; Pre-
printing gets
preference; Makes in
order the Wyden
amendment and waives
germaneness against it.
**NR.
H.R. 988....................... The Attorney Accountability Act of 1995...... H. Res. 104........ Restrictive; 7 hr. time N/A
*Contract* cap on amendments; Pre-
printing gets preference.
H.R. 956....................... Product Liability and Legal Reform Act....... H. Res. 109........ Restrictive; makes in 8D; 7R
*Contract* order only 15 germane
amendments and denies 64
germane amendments from
being considered; PQ.
H.R. 1158...................... Making Emergency Supplemental Appropriations H. Res. 115........ Restrictive; Combines N/A
and Rescissions. emergency H.R. 1158 &
nonemergency 1159 and
strikes the abortion
provision; makes in
order only pre-printed
amendments that include
offsets within the same
chapter (deeper cuts in
programs already cut);
waives points of order
against three
amendments; waives cl 2
of rule XXI against the
bill, cl 2, XXI and cl 7
of rule XVI against the
substitute; waives cl
2(e) of rule XXI against
the amendments in the
Record; 10 hr time cap
on amendments. 30
minutes debate on each
amendment.
H.J. Res. 73................... Term Limits.................................. H. Res. 116........ Restrictive; Makes in 1D; 3R
*Contract* order only 4 amendments
considered under a
``Queen of the Hill''
procedure and denies 21
germane amendments from
being considered. **NR.
H.R. 4......................... Welfare Reform............................... H. Res. 119........ Restrictive; Makes in 5D; 26R
*Contract* order only 31 perfecting
amendments and two
substitutes; Denies 130
germane amendments from
being considered; The
substitutes are to be
considered under a
``Queen of the Hill''
procedure; All points of
order are waived against
the amendments. **NR.
H.R. 1271...................... Family Privacy Act........................... H. Res. 125........ Open..................... N/A
*Contract*
H.R. 660....................... Housing for Older Persons Act................ H. Res. 126........ Open..................... N/A
*Contract*
H.R. 1215...................... The Contract With America Tax Relief Act of H. Res. 128........ Restrictive; Self 1D
*Contract* 1995. Executes language that
makes tax cuts
contingent on the
adoption of a balanced
budget plan and strikes
section 3006. Makes in
order only one
substitute. Waives all
points of order against
the bill, substitute
made in order as
original text and
Gephardt substitute.
H.R. 483....................... Medicare Select Extension.................... H. Res. 130........ Restrictive; waives cl 1D
2(l)(6) of rule XI
against the bill; makes
H.R. 1391 in order as
original text; makes in
order only the Dingell
substitute; allows
Commerce Committee to
file a report on the
bill at any time.
H.R. 655....................... Hydrogen Future Act.......................... H. Res. 136........ Open..................... N/A
H.R. 1361...................... Coast Guard Authorization.................... H. Res. 139........ Open; waives sections N/A
302(f) and 308(a) of the
Congressional Budget Act
against the bill's
consideration and the
committee substitute;
waives cl 5(a) of rule
XXI against the
committee substitute.
H.R. 961....................... Clean Water Act.............................. H. Res. 140........ Open; pre-printing gets N/A
preference; waives
sections 302(f) and
602(b) of the Budget Act
against the bill's
consideration; waives cl
7 of rule XVI, cl 5(a)
of rule XXI and section
302(f) of the Budget Act
against the committee
substitute. Makes in
order Shuster substitute
as first order of
business.
H.R. 535....................... Corning National Fish Hatchery Conveyance Act H. Res. 144........ Open..................... N/A
H.R. 584....................... Conveyance of the Fairport National Fish H. Res. 145........ Open..................... N/A
Hatchery to the State of Iowa.
H.R. 614....................... Conveyance of the New London National Fish H. Res. 146........ Open..................... N/A
Hatchery Production Facility.
H. Con. Res. 67................ Budget Resolution............................ H. Res. 149........ Restrictive; Makes in 3D; 1R
order 4 substitutes
under regular order;
Gephardt, Neumann/
Solomon, Payne/Owens,
President's Budget if
printed in Record on 5/
17/95; waives all points
of order against
substitutes and
concurrent resolution;
suspends application of
Rule XLIX with respect
to the resolution; self-
executes Agriculture
language; PQ.
H.R. 1561...................... American Overseas Interests Act of 1995...... H. Res. 155........ Restrictive; Requires N/A
amendments to be printed
in the Record prior to
their consideration; 10
hr. time cap; waives cl
2(l)(6) of rule XI
against the bill's
consideration; Also
waives sections 302(f),
303(a), 308(a) and
402(a) against the
bill's consideration and
the committee amendment
in order as original
text; waives cl 5(a) of
rule XXI against the
amendment; amendment
consideration is closed
at 2:30 p.m. on May 25,
1995. Self-executes
provision which removes
section 2210 from the
bill. This was done at
the request of the
Budget Committee.
H.R. 1530...................... National Defense Authorization Act FY 1996... H. Res. 164........ Restrictive; Makes in 36R; 18D; 2 Bipartisan
order only the
amendments printed in
the report; waives all
points of order against
the bill, substitute and
amendments printed in
the report. Gives the
Chairman en bloc
authority. Self-executes
a provision which
strikes sections 807 of
the bill; provides for
an additional 30 min. of
debate on Nunn-Lugar
section; Allows Mr.
Clinger to offer a
modification of his
amendment with the
concurrence of Ms.
Collins; PQ.
H.R. 1817...................... Military Construction Appropriations; FY 1996 H. Res. 167........ Open; waives cl. 2 and N/A
cl. 6 of rule XXI
against the bill; 1 hr.
general debate; Uses
House passed budget
numbers as threshold of
spending amounts pending
passage of Budget; PQ.
H.R. 1854...................... Legislative Branch Appropriations............ H. Res. 169........ Restrictive; Makes in 5R; 4D; 2 Bipartisan
order only 11
amendments; waives
sections 302(f) and
308(a) of the Budget Act
against the bill and cl.
2 and cl. 6 of rule XXI
against the bill. All
points of order are
waived against the
amendments; PQ.
H.R. 1868...................... Foreign Operations Appropriations............ H. Res. 170........ Open; waives cl. 2, cl. N/A
5(b), and cl. 6 of rule
XXI against the bill;
makes in order the
Gilman amendments as
first order of business;
waives all points of
order against the
amendments; if adopted
they will be considered
as original text; waives
cl. 2 of rule XXI
against the amendments
printed in the report.
Pre-printing gets
priority (Hall)
(Menendez) (Goss)
(Smith, NJ); PQ.
H.R. 1905...................... Energy & Water Appropriations................ H. Res. 171........ Open; waives cl. 2 and N/A
cl. 6 of rule XXI
against the bill; makes
in order the Shuster
amendment as the first
order of business;
waives all points of
order against the
amendment; if adopted it
will be considered as
original text. Pre-
printing gets priority.
H.J. Res. 79................... Constitutional Amendment to Permit Congress H. Res. 173........ Closed; provides one hour N/A
and the States to Prohibit the Physical of general debate and
Desecration of the American Flag. one motion to recommit
with or without
instructions; if there
are instructions, the MO
is debatable for 1 hr.;
PQ.
H.R. 1944...................... Rescissions Bill............................. H. Res. 176........ Restrictive; Provides for N/A
consideration of the
bill in the House;
Permits the Chairman of
the Appropriations
Committee to offer one
amendment which is
unamendable; waives all
points of order against
the amendment; PQ **NR.
H.R. 1868 (2nd rule)........... Foreign Operations Appropriations............ H. Res. 177........ Restrictive; Provides for N/A
further consideration of
the bill; makes in order
only the four amendments
printed in the rules
report (20 min each).
Waives all points of
order against the
amendments; Prohibits
intervening motions in
the Committee of the
Whole; Provides for an
automatic rise and
report following the
disposition of the
amendments; PQ.
H.R. 1977...................... Interior Appropriations...................... H. Res. 185........ Open; waives sections N/A
*Rule Defeated* 302(f) and 308(a) of the
Budget Act and cl 2 and
6 of rule XXI; provides
that the bill be read by
title; waives all points
of order against the
Tauzin amendment; self-
executes Budget
Committee amendment;
waives cl 2(e) of rule
XXI against amendments
to the bill; Pre-
printing gets priority;
PQ.
H.R. 1977...................... Interior Appropriations...................... H. Res. 187........ Open; waives sections N/A
302(f), 306 and 308(a)
of the Budget Act;
waives clauses 2 and 6
of rule XXI against
provisions in the bill;
waives all points of
order against the Tauzin
amendment; provides that
the bill be read by
title; self-executes
Budget Committee
amendment and makes NEA
funding subject to House
passed authorization;
waives cl 2(e) of rule
XXI against the
amendments to the bill;
Pre-printing gets
priority; PQ.
H.R. 1976...................... Agriculture Appropriations................... H. Res. 188........ Open; waives clauses 2 N/A
and 6 of rule XXI
against provisions in
the bill; provides that
the bill be read by
title; Makes Skeen
amendment first order of
business, if adopted the
amendment will be
considered as base text
(10 min); Pre-printing
gets priority; PQ.
H.R. 1977 (3rd rule)........... Interior Appropriations...................... H. Res. 189........ Restrictive; provides for N/A
the further
consideration of the
bill; allows only
amendments pre-printed
before July 14th to be
considered; limits
motions to rise.
H.R. 2020...................... Treasury Postal Appropriations............... H. Res. 190........ Open; waives cl. 2 and N/A
cl. 6 of rule XXI
against provisions in
the bill; provides the
bill be read by title;
Pre-printing gets
priority; PQ.
H.J. Res. 96................... Disapproving MFN for China................... H. Res. 193........ Restrictive; provides for N/A
consideration in the
House of H.R. 2058 (90
min.) And H.J. Res. 96
(1 hr). Waives certain
provisions of the Trade
Act.
H.R. 2002...................... Transportation Appropriations................ H. Res. 194........ Open; waives cl. 3 of N/A
rule XIII and section
401(a) of the CBA
against consideration of
the bill; waives cl 6
and cl 2 of rule XXI
against provisions in
the bill; Makes in order
the Clinger/Solomon
amendment waives all
points of order against
the amendment (Line Item
Veto); provides the bill
be read by title; Pre-
printing gets priority;
PQ *RULE AMENDED*.
H.R. 70........................ Exports of Alaskan North Slope Oil........... H. Res. 197........ Open; Makes in order the N/A
Resources Committee
amendment in the nature
of a substitute as
original text; Pre-
printing gets priority;
Provides a Senate hook-
up with S. 395.
H.R. 2076...................... Commerce, Justice Appropriations............. H. Res. 198........ Open; waives cl. 2 and N/A
cl. 6 of XXI against
provisions in the bill;
Pre-printing gets
priority; provides the
bill be read by title.
H.R. 2099...................... VA/HUD Appropriations........................ H. Res. 201........ Open; waives cl. 2 and N/A
cl. 6 of rule XXI
against provisions in
the bill; Provides that
the amendment in part 1
of the report is the
first business, if
adopted it will be
considered as base text
(30 min); waives all
points of order against
the Klug and Davis
amendments; Pre-printing
gets priority; Provides
that the bill be read by
title.
S. 21.......................... Termination of U.S. Arms Embargo on Bosnia... H. Res. 204........ Restrictive; 3 hours of 1D
general debate; Makes in
order an amendment to be
offered by the Minority
Leader or a designee (1
hr); If motion to
recommit has
instructions it can only
be offered by the
Minority Leader or a
designee. **NR.
H.R. 2126...................... Defense Appropriations....................... H. Res. 205........ Open; waives cl 2(l)(6) N/A
of rule XI and section
306 of the Congressional
Budget Act against
consideration of the
bill; waives cl 2 and cl
6 of rule XXI against
provisions in the bill;
self-executes a strike
of sections 8021 and
8024 of the bill as
requested by the Budget
Committee; Pre-printing
gets priority; Provides
the bill be read by
title.
H.R. 1555...................... Communications Act of 1995................... H. Res. 207........ Restrictive; waives sec. 2R/3D/3 Bi-partisan
302(f) of the Budget Act
against consideration of
the bill; Makes in order
the Commerce Committee
amendment as original
text and waives sec.
302(f) of the Budget Act
and cl. 5(a) of rule XXI
against the amendment;
Makes in order the
Bliley amendment (30
min) as the first order
of business, if adopted
it will be original
text; makes in order
only the amendments
printed in the report
and waives all points of
order against the
amendments; provides a
Senate hook-up with S.
652.
H.R. 2127...................... Labor/HHS Appropriations Act................. H. Res. 208........ Open; Provides that the N/A
first order of business
will be the managers
amendments (10 min), if
adopted they will be
considered as base text;
waives cl 2 and cl 6 of
rule XXI against
provisions in the bill;
waives all points of
order against certain
amendments printed in
the report; Pre-printing
gets priority; Provides
the bill be read by
title; PQ.
H.R. 1594...................... Economically Targeted Investments............ H. Res. 215........ Open; 2 hrs of gen. N/A
debate. Makes in order
the committee substitute
as original text.
H.R. 1655...................... Intelligence Authorization................... H. Res. 216........ Restrictive; waives N/A
sections 302(f), 308(a)
and 401(b) of the Budget
Act. Makes in order the
committee substitute as
modified by Govt. Reform
amend (striking sec.
505) and an amendment
striking title VII. Cl 7
of rule XVI and cl 5(a)
of rule XXI are waived
against the substitute.
Sections 302(f) and
401(b) of the CBA are
also waived against the
substitute. Amendments
must also be pre-printed
in the Congressional
Record.
H.R. 1162...................... Deficit Reduction Lock Box................... H. Res. 218........ Open; waives cl 7 of rule N/A
XVI against the
committee substitute
made in order as
original text; Pre-
printing gets priority.
H.R. 1670...................... Federal Acquisition Reform Act of 1995....... H. Res. 219........ Open; waives sections N/A
302(f) and 308(a) of the
Budget Act against
consideration of the
bill; bill will be ready
by title; waives cl 5(a)
of rule XXI and section
302(f) of the Budget Act
against the committee
substitute. Pre-printing
gets priority.
H.R. 1617...................... To Consolidate and Reform Workforce H. Res. 222........ Open; waives section N/A
Development and Literacy Programs Act 302(f) and 401(b) of the
(CAREERS). Budget Act against the
substitute made in order
as original text (H.R.
2332), cl. 5(a) of rule
XXI is also waived
against the substitute.
Provides for
consideration of the
managers amendment (10
min.) If adopted, it is
considered as base text.
H.R. 2274...................... National Highway System Designation Act of H. Res. 224........ Open; waives section N/A
1995. 302(f) of the Budget Act
against consideration of
the bill; Makes H.R.
2349 in order as
original text; waives
section 302(f) of the
Budget Act against the
substitute as well as
cl. 5(a) of rule XXI and
cl 1(q)(10) of rule X
against the substitute;
provides for the
consideration of a
managers amendment (10
min) If adopted, it is
considered as base text;
Pre-printing gets
priority; PQ.
H.R. 927....................... Cuban Liberty and Democratic Solidarity Act H. Res. 225........ Restrictive; waives cl 2R/2D
of 1995. 2(l)(2)(B) of rule XI
against consideration of
the bill; makes in order
H.R. 2347 as base text;
waives cl 7 of rule XVI
against the substitute;
Makes Hamilton amendment
the first amendment to
be considered (1 hr).
Makes in order only
amendments printed in
the report.
H.R. 743....................... The Teamwork for Employees and Managers Act H. Res. 226........ Open; waives cl N/A
of 1995. 2(l)(2)(b) of rule XI
against consideration of
the bill; makes in order
the committee amendment
as original text; Pre-
printing gets priority.
H.R. 1170...................... 3-Judge Court for Certain Injunctions........ H. Res. 227........ Open; makes in order a N/A
committee amendment as
original text; Pre-
printing gets priority.
H.R. 1601...................... International Space Station Authorization Act H. Res. 228........ Open; makes in order a N/A
of 1995. committee amendment as
original text; Pre-
printing gets priority.
H.J. Res. 108.................. Making Continuing Appropriations for FY 1996. H. Res. 230........ Closed; provides for the ........................
immediate consideration
of the CR; one motion to
recommit which may have
instructions only if
offered by the Minority
Leader or a designee.
**NR.
H.R. 2405...................... Omnibus Civilian Science Authorization Act of H. Res. 234........ Open; self-executes a N/A
1995. provision striking
section 304(b)(3) of the
bill (Commerce Committee
request); Pre-printing
gets priority. **NR.
H.R. 2259...................... To Disapprove Certain Sentencing Guideline H. Res. 237........ Restrictive; waives cl 1D
Amendments. 2(l)(2)(B) of rule XI
against the bill's
consideration; makes in
order of the text of the
Senate bill S. 1254 as
original text; Makes in
order only a Conyers
substitute; provides a
Senate hook-up after
adoption.
H.R. 2425...................... Medicare Preservation Act.................... H. Res. 238........ Restrictive; waives all 1D
points of order against
the bill's
consideration; makes in
order the text of H.R.
2485 as original text;
waives all points of
order against H.R. 2485;
makes in order only an
amendment offered by the
Minority Leader or a
designee; waives all
points of order against
the amendment; waives cl
5 of rule XXI
(3/5 requirement on
votes raising taxes); PQ.
H.R. 2492...................... Legislative Branch Appropriations Bill....... H. Res. 239........ Restrictive; provides for N/A
consideration of the
bill in the House; PQ
**NR.
H.R. 2491...................... 7 Year Balanced Budget Reconciliation Social H. Res. 245........ Restrictive; makes in 1D
H. Con. Res. 109 Security Earnings Test Reform. order H.R. 2517 as
original text; waives
all points of order
against the bill; Makes
in order only H.R. 2530
as an amendment only if
offered by the Minority
Leader or a designee;
waives all points of
order against the
amendment; waives cl
5 of rule
XXII (3/5 requirement on
votes raising taxes); PQ.
H.R. 1833...................... Partial Birth Abortion Ban Act of 1995....... H. Res. 251........ Closed................... N/A
H.R. 2546...................... D.C. Appropriations FY 1996.................. H. Res. 252........ Restrictive; waives all N/A
points of order against
the bill's
consideration; Makes in
order the Walsh
amendment as the first
order of business (10
min); if adopted it is
considered as base text;
waives cl 2 and 6 of
rule XXI against the
bill; makes in order the
Bonilla, Gunderson and
Hostettler amendments
(30 min); waives all
points of order against
the amendments; debate
on any further
amendments is limited to
30 min. each.
H.J. Res. 115.................. Further Continuing Appropriations for FY H. Res. 257........ Closed; Provides for the N/A
1996.. immediate consideration
of the CR; one motion to
recommit which may have
instructions only if
offered by the Minority
Leader or a designee.
**NCR.
H.R. 2586...................... Temporary Increase in the Statutory Debt H. Res. 258........ Restrictive; Provides for 5R
Limit. the immediate
consideration of the CR;
one motion to recommit
which may have
instructions only if
offered by the Minority
Leader or a designee;
self-executes 4
amendments in the rule;
Solomon, Medicare
Coverage of Certain Anti-
Cancer Drug Treatments,
Habeas Corpus Reform,
Chrysler (MI); makes in
order the Walker amend
(40 min) on regulatory
reform.
H.R. 2539...................... ICC Termination.............................. H. Res. 259........ Open; waives section ........................
302(f) and section
308(a).
H.J. Res. 115.................. Further Continuing Appropriations for FY 1996 H. Res. 261........ Closed; provides for the N/A
immediate consideration
of a motion by the
Majority Leader or his
designees to dispose of
the Senate amendments (1
hr) **NR.
H.R. 2586...................... Temporary Increase in the Statutory Limit on H. Res. 262........ Closed; provides for the N/A
the Public Debt. immediate consideration
of a motion by the
Majority Leader or his
designees to dispose of
the Senate amendments (1
hr).
H. Res. 250.................... House Gift Rule Reform....................... H. Res. 268........ Closed; provides for 2R
consideration of the
bill in the House; 30
min of debate; makes in
order the Burton
amendment and the
Gingrich en bloc
amendment (30 min each);
waives all points of
order against the
amendments; Gingrich is
only in order if Burton
fails or is not offered.
H.R. 2564...................... Lobbying Disclosure Act of 1995.............. H. Res. 269........ Open; waives cl. 2(l)(6) N/A
of rule XI against the
bill's consideration;
wavies all points of
order against the Istook
and McIntosh amendments.
H.J. Res. 122.................. Continuing Appropriations FY 1996............ H. Res. 270........ Restrictive; provides for ........................
consideration of the
bill in the House; makes
in order a motion to
recommit which may
include instructions
only if offered by the
Minority Leader or his
designee.
H.R. 2606...................... Prohibition on Funds for Bosnia Deployment... H. Res. 273........ Restrictive; waives all N/A
points of order against
the bill's
consideration; provides
one motion to amend if
offered by the Minority
Leader or designee (1 hr
non-amendable); motion
to recommit which may
have instructions only
if offered by Minority
Leader or his designee;
if Minority Leader
motion is not offered
debate time will be
extended by 1 hr. **NR.
H.R. 1788...................... Amtrak Reform and Privatization Act of 1995.. H. Res. 284........ Open; waives all points N/A
of order against the
bill's consideration;
makes in order the
Transportation
substitute modified by
the amend in the report;
Bill read by title;
waives all points of
order against the
substitute; makes in
order a managers amend
as the first order of
business, if adopted it
is considered base text
(10 min); waives all
points of order against
the amendment; Pre-
printing gets priority.
H.R. 1350...................... Maritime Security Act of 1995................ H. Res. 287........ Open; makes in order the N/A
committee substitute as
original text; makes in
order a manager's
amendment which if
adopted is considered as
original text (20 min)
unamendable; pre-
printing gets priority.
H.R. 2621...................... To Protect Federal Trust Funds............... H. Res. 293........ Closed; provides for the N/A
adoption of the Ways &
Means amendment printed
in the report. 1 hr. of
general debate; PQ **NR.
H.R. 1745...................... Utah Public Lands Management Act of 1995..... H. Res. 303........ Open; waives cl 2(l)(6) N/A
of rule XI and sections
302(f) and 311(a) of the
Budget Act against the
bill's consideration.
Makes in order the
Resources substitute as
base tax and waives cl 7
of rule XVI and sections
302(f) and 308(a) of the
Budget Act; makes in
order a manager's amend
as the first order of
business, if adopted it
is considered base text
(10 min).
H.R. 2770...................... Providing for Debate and Consideration of H. Res. 304........ Closed; makes in order 1D; 2R
H. Res. 302 Three Measures Relating to U.S. Troop three resolutions; H.R.
H. Res. 306 Deployments in Bosnia. 2770 (Dornan), H. Res.
302 (Buyer), and H. Res.
306 (Gephardt); 1 hour
of debate on each. **NR.
H. Con. Res. 122............... Revised Budget Resolution.................... H. Res. 309........ Closed; provides 2 hours N/A
of general debate in the
House; PQ.
H.R. 558....................... Texas Low-Level Radioactive Waste Disposal H. Res. 313........ Open; pre-printing gets N/A
Compact Consent Act. priority.
H.R. 134....................... Further Continuing Appropriations for FY 1996 H. Res. 317........ Restrictive; provides for N/A
consideration of the
bill in the House; one
motion to recommit which
may contain instructions
if offered by the
minority leader or his
designee.
H.R. 2677...................... The National Parks and National Wildlife H. Res. 323........ Closed; consideration in N/A
Refuge Systems Freedom Act of 1995. the House; self-executes
Young amendment. **NR.
--------------------------------------------------------------------------------------------------------------------------------------------------------
*Contract Bills, 58% restrictive; 42% open.
**All legislation 1st Session, 51% restrictive; 49% open.
***All legislation 2nd Session, 62% restrictive; 38% open.
****All legislation 104th Congress, 56% restrictive; 44% open.
*****NR indicates that the legislation being considered by the House for amendment has circumvented standard procedure and was never reported from any
House committee.
******PQ Indicates that the previous question was ordered on the resolution.
*******Restrictive rules are those which limit the number of amendments which can be offered, and include so called modified open and modified closed
rules as well as completely closed rules and rules providing for consideration in the House as opposed to the Committee of the Whole. This definition
of restrictive rule is taken from the Republican chart of resolutions reported from the Rules Committee in the 103rd Congress. N/A means not
available.
ANALYSIS OF RESOLUTIONS, 104TH CONGRESS, 2ND SESSION; COMPILED BY THE RULES COMMITTEE DEMOCRATS
--------------------------------------------------------------------------------------------------------------------------------------------------------
Process used for
Bill No. Title Resolution No. consideration Amendments in order
--------------------------------------------------------------------------------------------------------------------------------------------------------
H.R. 1643...................... To Authorize the extension of H. Res. 334........ Closed; provides to take N/A
nondiscriminatory treatment (MFN) to the the bill from the
products of Bulgaria. Speaker's table with the
Senate amendment, and
consider in the House
the motion printed in
the rules Committee
report; 1 hr. of general
debate; previous
question is considered
as ordered.** NR; PQ.
H.J. Res. 134.................. Making Continuing Appropriations/Establishing H. Res. 336........ Closed; provides to take N/A
H. Con. Res. 131 procedures making the transmission of the from the Speaker's table
continuing resolution H.J. Res. 134. H.J. Res. 134 with the
Senate amendment and
concur with the Senate
amendment with an
amendment (H. Con. Res.
131) which is self-
executed in the rule.
The rule provides
further that the bill
shall not be sent back
to the Senate until the
Senate agrees to the
provisions of H. Con.
Res. 131. **NR; PQ.
H.R. 1358...................... Conveyance of National Marine Fisheries H. Res. 338........ Closed; provides to take N/A
Service Laboratory at Gloucester, the bill from the
Massachusetts. Speaker's table with the
Senate amendment, and
consider in the House
the motion printed in
the Rules Committee
report; 1 hr. of general
debate; previous
question is considered
as ordered. **NR; PQ.
H.R. 2924...................... Social Security Guarantee Act................ H. Res. 355........ Closed; **NR; PQ......... N/A
H.R. 2854...................... The Agricultural Market Transition Program... H. Res. 366........ Restrictive; waives all 5D; 9R; 2 Bipartisan
points of order against
the bill; 2 hrs. of gen.
debate; makes in order a
committee substitute as
original text and waives
all points of order
against the substitute;
Makes in order only the
16 amends printed in the
report and waives all
points of order against
the amendments;
Circumvents unfunded
mandates law; Chairman
has en bloc authority
for amends in report (20
min) on each en bloc; PQ.
H.R. 994....................... Regulatory Sunset & Review Act of 1995....... H. Res. 368........ Open rule; makes in order N/A
the Hyde substitute
printed in the Record as
original text; waives cl
7 of rule XVI against
the substitute; Pre-
printing gets priority;
vacates the House action
on S. 219 and provides
to take that bill from
the Speakers table and
consider the Senate
bill; allows Chrmn.
Clinger a motion to
strike all after the
enacting clause of the
Senate bill and insert
the text of H.R. 994 as
passed by the House (1
hr) debate; waives
germaneness against the
motion; provides if the
motion is adopted that
it is in order for the
House to insist on its
amendments and request a
conference. RULE TABLED.
H.R. 3021...................... To Guarantee the Continuing Full Investment H. Res. 371........ Closed rule; gives one N/A
of Social Security and Other Federal Funds motion to recommit,
in Obligations of the United States. which if it contains
instructions, may only
if offered by the
Minority Leader or his
designee. **NR.
H.R. 3019...................... A further Downpayment Toward a Balanced H. Res. 372........ Restrictive; self- 2D/2R
Budget. executes CBO language
regarding contingency
funds in section 2 of
the rule; makes in order
only the amendments
printed in the report;
Lowey (20 min), Istook
(20 min), Crapo (20
min), Obey (1 hr);
waives all points of
order against the
amendments; gives one
motion to recommit,
which if contains
instructions, may only
if offered by the
Minority Leader or his
designee. **NR.
H.R. 2703...................... The Effective Death Penalty and Public Safety H. Res. 380........ Restrictive; makes in 6D; 7R; 4 Bipartisan
Act of 1996. order only the
amendments printed in
the report; waives all
points of order against
the amendments; gives
Judiciary Chairman en
bloc authority (20 min)
on enblocs; provides a
Senate hook-up with S.
735. **NR.
H.R. 2202...................... The Immigration and National Interest Act of H. Res. 384........ Restrictive; waives all 12D; 19R; 1 Bipartisan
1995. points of order against
the bill and amendments
in the report except for
those arising under sec.
425(a) of the Budget Act
(unfunded mandates); 2
hrs. of general debate
on the bill; makes in
order the committee
substitute as base text;
makes in order only the
amends in the report;
gives the Judiciary
Chairman en bloc
authority (20 min) of
debate on the en blocs;
self-executes the Smith
(TX) amendment re:
employee verification
program; PQ.
H.J. Res. 165.................. Making Further Continuing Appropriations for H. Res. 386........ Closed; provides for the N/A
FY 1996. consideration of the CR
in the House and gives
one motion to recommit
which may contain
instructions only if
offered by the Minority
Leader; the rule also
waives cl 4(b) of rule
XI against the
following; an omnibus
appropriations bill,
another CR, a bill
extending the debt
limit. **NR.
H.R. 125....................... The Gun Crime Enforcement and Second H. Res. 388........ Closed; self-executes an N/A
Amendment Restoration Act of 1996. amendment; provides one
motion to recommit which
may contain instructions
only if offered by the
Minority Leader or his
designees. **NR.
H.R. 3136...................... The Contract With America Advancement Act of H. Res. 391........ Closed; provides for the N/A
1996. consideration of the
bill in the House; self-
executes an amendment in
the Rules report; waives
all points of order,
except sec.
425(a)(unfunded
mandates) of the CBA,
against the bill's
consideration; orders
the PQ except 1 hr. of
general debate between
the Chairman and Ranking
Member of Ways and
Means; one Archer
amendment (10 min); one
motion to recommit which
may contain instructions
only if offered by the
Minority Leader of his
designee; Provides a
Senate hookup if the
Senate passes S.4 by
March 30, 1996. **NR.
H.R. 3103...................... The Health Coverage Availability and H. Res. 392........ Restrictive; 2 hrs. of N/A
Affordability Act of 1996. general debate (45 min
split by Ways & Means)
(45 split by Commerce)
(30 split by Economic
and Educational
Opportunities); self-
executes H.R. 3160 as
modified by the
amendment in the Rules
report as original text;
waives all points of
order, except sec.
425(a)(unfunded
mandates) of the CBA;
makes in order a
Democratic substitute (1
hr) waives all points of
order, except sec.
425(a)(unfunded
mandates) of the CBA,
against the amendment;
one motion to recommit
which may contain
instructions only if
offered by the Minority
Leader or his designee;
waives cl 5
of Rule XXI (requiring 3/
5 vote on any tax
increase) on votes on
the bill, amendments of
conference reports.
H.J. Res. 159.................. Tax Limitation Constitutional Amendment...... H. Res. 395........ Restrictive; provides for 1D
consideration of the
bill in the House; 3 hrs
of general debate; Makes
in order H.J. Res. 169
as original text; allows
for an amendment to be
offered by the Minority
Leader or his designee
(1 hr) **NR; PQ.
H.R. 842....................... Truth in Budgeting Act....................... H. Res. 396........ Open; 2 hrs of general N/A
debate; Pre-printing
gets priority.
H.R. 2715...................... Paperwork Elimination Act of 1996............ H. Res. 409........ Open; Preprinting gets N/A
priority.
H.R. 1675...................... National Wildlife Refuge Improvement Act of H. Res. 410........ Open; Makes the Young N/A
1995. amendment printed in the
4/16/96 Record in order
as original text; waives
cl 7 of rule XVI against
the amendment;
Preprinting gets
priority; **NR.
H.J. Res. 175.................. Further Continuing Appropriations for FY 1996 H. Res. 411........ Closed; provides for N/A
consideration of the
bill in the House; one
motion to recommit
which, if containing
instructions, may be
offered by the Minority
Leader or his designee.
**NR.
H.R. 2641...................... United States Marshals Service Improvement H. Res. 418........ Open; Pre-printing gets N/A
Act of 1996. priority; Senate hook-
up. **PQ.
H.R. 2149...................... The Ocean Shipping Reform Act................ H. Res. 419........ Open; Makes in order a N/A
managers amendment as
the first order of
business (10 min); if
adopted it is considered
as base text; waives cl
7 of rule XVI against
the managers amendment;
Pre-printing gets
priority; makes in order
an Oberstar en bloc
amendment.
H.R. 2974...................... To amend the Violent Crime Control and Law H. Res. 421........ Open; waives cl 7 of rule N/A
Enforcement Act of 1994 to provide enhanced XIII against
penalties for crimes against elderly and consideration of the
child victims. bill; makes in order the
Judiciary substitute
printed in the bill as
original text; waives cl
7 of rule XVI against
the substitute; Pre-
printing gets priority.
H.R. 3120...................... To amend Title 18, United States Code, with H. Res. 422........ Open; waives cl 7 of rule N/A
respect to witness retaliation, witness XIII against
tampering and jury tampering. consideration of the
bill; makes in order the
Judiciary substitute
printed in the bill as
original text; waives cl
7 of rule XVI against
the substitute; Pre-
printing gets priority.
H.R. 2406...................... The United States Housing Act of 1996........ H. Res. 426........ Open; makes in order the N/A
committee substitute
printed in the bill as
original text; waives cl
5(a) of rule XXI against
the substitute; makes in
order a managers
amendment as the first
order of business (10
min); if adopted it is
considered as base text;
Pre-printing gets
priority; provides a
Senate hook-up. **PQ.
H.R. 3322...................... Omnibus Civilian Science Authorization Act of H. Res. 427........ Open; waives cl 2(l)(2) N/A
1996. of rule XI against the
bill's consideration;
makes in order a
managers amendment as
the first order of
business (10 min); if
adopted it is considered
as base text; waives cl
5(a) of rule XXI against
the bill; pre-printing
gets priority.
H.R. 3286...................... The Adoption Promotion and Stability Act of H. Res. 428........ Restrictive; provides ID; IR
1996. consideration of the
bill in the House; makes
in order the Ways &
Means substitute printed
in the bill as original
text; makes in order a
Gibbons amendment to
title II (30 min) and a
Young amendment (30
min); provides one
motion to recommit which
may contain instructions
only if offered by the
Minority Leader or his
designee.
H.R. 3230...................... Defense Authorization Bill FY 1997........... H. Res. 430........ Restrictive; makes in 20D; 17R; 4 Bipartisan
order the committee
substitute printed in
the bill as original
text; waives all points
of order against the
substitute; makes in
order only the amends in
the report; waives all
points of order against
the amends; provides an
extra 40 min of debate
on Cooperative Threat
Reduction; provides the
Chairman with en bloc
authority; provides
Chairman authority to
cluster votes and to
consider amendments out
of order.
H. Con. Res. 178............... FY 1997 Budget Resolution.................... H. Res. 435........ Restrictive; Makes in 3D
order three substitutes
printed in the report;
Payne (NJ); Orton and
Sabo; waives all points
of order against the
substitutes. If one of
the substitutes is
adopted then that will
conclude the
consideration of the
concurrent resolution
for amendment; provides
for 40 min of general
debate after the
concurrent resolution is
considered for
amendment; waives rule
XLIX against the
adoption of a concurrent
resolution for the
budget; If H. Con. Res.
178 is agreed to,
allocations of spending
and credit
responsibilities in
House Rept. 104-575
shall be considered the
602(a)s. However, upon
adoption by the Congress
of a budget resolution
this shall cease to
apply.
H.R. 3415...................... Repeal of the 4.3-Cent Increase in H. Res. 436........ Closed; waives all points N/A
Transportation Fuels Taxes. of order against the
bill and its
consideration; self-
executes a Bliley
amendment. **PQ.
H.R. 3259...................... Intelligence Authorization Act for FY 1997... H. Res. 437........ Restrictive; waives N/A
sections 302(f), 308(a),
and 401(a) of the Budget
Act against
consideration of the
bill; waives cl 7 of
rule XVI and cl 5(b) of
rule XXI against the
amendment in the nature
of a substitute printed
in the bill as original
text; also waives
sections 302(f) and
401(a) of the Budget Act
against the substitute;
makes in order only
those amendments which
are preprinted in the
Congressional Record.
H.R. 3144...................... The Defend America Act....................... H. Res. 438........ Restrictive; waives all 1D
points of order against
the bill; makes in order
the Spratt substitute
and waives all points of
order against the
substitute.
H.R. 3448/H.R. 1227............ The Small Business Job Protection Act of H. Res. 440........ Restrictive; provides for 2R
1996, and The Employee Commuting Flexibility consideration of the
Act of 1996. bill in the House
without the intervention
of points of order
except 425(a) of the
CBA; makes in order the
Ways & Means substitute
amendment as original
text (1 hr. of debate);
waives all points of
order except 425(a) of
the CBA against the
substitute; Self
executes an amendment by
the Educational
Opportunities Committee
adding a short title; 90
min of debate on 1227;
makes in order a Riggs
amendment (90 min) and a
Goodling amendment (1
hr); allows Goodling to
be divided on section
3(d), the small business
exemption; waives all
points of order against
the amendments except
for 425(a) of the CBA;
directs the Clerk in the
engrossment of 3448, to
wait until 1227 is
complete, add that text
to 3448, lay 1227 on the
table and send 3448 to
the Senate. Provides
that cl 5c of rule XI
shall not apply to H.R.
3448.
H.R. 3517...................... Military Construction Appropriations FY 1997. H. Res. 442........ Open; waives cl 7 of rule N/A
XXI against the bill and
waives clauses 2 and 6
of rule XXI against
certain provisions in
the bill; provides that
if a motion to rise and
report if offered by the
Majority Leader or his
designee, after the
reading of the final
lines of the bill, will
be privileged. Pre-
printing gets priority.
H.R. 3540...................... Foreign Operations Appropriations FY 1997.... H. Res. 445........ Open; waives cl 1(b) of N/A
rule X and cl 7 of rule
XXI against the bills
consideration; waives cl
2 and cl 5(b) of rule
XXI against certain
provisions in the bill;
provides that if a
motion to rise and
report if offered by the
Majority Leader or his
designee, after the
reading of the final
lines of the bill, will
be privileged. Pre-
printing gets priority.
H.R. 3562...................... The Wisconsin Works Waiver Approval Act...... H. Res. 446........ Restrictive; self 1D
executes a technical
amendment in the rule;
makes in order the
Kleczka amendment (1 hr).
H.R. 2754...................... Shipbuilding Trade Agreement Act............. H. Res. 448........ Restrictive; makes in 1R
order the Ways and Means
amendment in the nature
of a substitute as
original text; self
executes the National
Security amendment
printed in the report;
makes in order the
Bateman amendment
printed in the report (1
hr.); waives all points
of order against the
bills consideration,
substitute as modified
and Bateman amendment.
H.R. 3603...................... Agriculture Appropriations FY 1997........... H. Res. 451........ Open; waives cl 2(l)(6) N/A
of rule XI, cl 7 of rule
XXI and section
302 of the
CBA against the bill's
consideration; waives
clauses 2 and 6 of rule
XXI against the bill;
Pre-printing gets
priority; provides that
if a motion to rise and
report if offered by the
Majority Leader or his
designee, after the
reading of the final
lines of the bill, will
be privileged; self-
executes a readjustment
of 602(b) allocations in
the rule.
H.R. 3610...................... Defense Appropriations FY 1997............... H. Res. 453........ Open; waives cl 2(l)(6) N/A
of rule XI and cl 7 of
rule XXI and section
302 against
the bill's
consideration; waives
clauses 2 and 6 of rule
XXI against the bill;
makes in order a
managers amendment which
will cut $800 million
from the bill to comply
with a new 602(b)
allocation (20 min) if
adopted the amendment is
considered base text;
Pre-printing gets
priority; provides that
if a motion to rise and
report if offered by the
Majority Leader or his
designee, after the
reading of the final
lines of the bill, will
be privileged.
H.R. 3662...................... Interior Appropriations FY 1997.............. H. Res. 455........ Open; waives cl 2(l)(6) N/A
of rule XI and cl 7 of
rule XXI against the
bill's consideration;
waives cl 2 and 6 of
rule XXI against certain
provisions in the bill;
self executes an
amendment striking the
last proviso under the
heading ``Strategic
Petroleum Reserve''; Pre-
printing gets priority;
provides that if a
motion to rise and
report if offered by the
Majority Leader or his
designee, after the
reading of the final
lines of the bill, will
be privileged.
H.R. 3666...................... VA/HUD Appropriations FY 1997................ H. Res. 456........ Open; waives cl 2(l)(6) N/A
of rule XI, cl 7 of rule
XXI and section 302(f)
of the CBA against the
bill's consideration;
waives cl 2 and 6 of
rule XXI against certain
provisions in the bill;
self executes a
provision making the
$861 million for
Superfund subject to
future appropriation
rather than
authorization; Pre-
printing gets priority;
provides that if a
motion to rise and
report if offered by the
Majority Leader or his
designee, after the
reading of the final
lines of the bill, will
be privileged.
H.R. 3675...................... Transportation Appropriations FY 1997........ H. Res. 460........ Open; waives section N/A
401(a) of the CBA
against consideration of
the bill; waives cl 2
and 6 of rule XXI
against certain
provisions in the bill;
self executes an
amendment striking the
language on the Denver
Airport from the bill;
Pre-printing gets
priority; provides that
if a motion to rise and
report if offered by the
Majority leader on his
designee, after the
reading of the final
lines of the bill, will
be privileged.
H.J. Res. 182/H. Res. 461...... Disapproving MFN Status for the People's H. Res. 463........ Closed; provides for N/A
Republic of China/Regarding the People's consideration of the
Republic of China. bills in the House;
waives all points of
order against the joint
resolution and its
consideration; provides
2 hrs. of general debate
and orders the previous
question; provides 1
hour of general debate
on H. Res. 461 after the
disposition of H.J. Res.
182 and orders the
previous question.
H. Con. Res. 192............... Adjournment Resolution for the Independence H. Res. 465........ Restrictive; provides for N/A
Day Recess. the consideration of the
adjournment resolution
in the House.
H.R. 3755...................... Labor HHS Appropriations, FY 1997............ H. Res. 472........ Open; waives cl 2(l)(6) N/A
of rule XI, cl 7 of rule
XXI and sections 302 and
308 of the CBA against
the bill's
consideration; 2 hrs. of
gen. debate; waives
clauses 2 and 6 of rule
XXI against provisions
in the bill; Pre-
printing gets priority;
provides that if a
motion to rise and
report if offered by the
Majority Leader or his
designee, after the
reading of the final
lines of the bill, will
be privileged.
H.R. 3754...................... Legislative Branch Appropriations, FY 1997... H. Res. 473........ Restrictive; waives cl 3D; 5R
2(l)(6) of rule XI, cl 7
of rule XXI and sections
302 and 308 of the CBA
against the bill's
consideration; 2 hrs. of
gen. debate; waives
clauses 2 and 6 of rule
XXI against provisions
in the bill; makes in
order only the
amendments printed in
the report; waives all
points of order against
the amendments.
Preprinting gets
priority; provides that
if a motion to rise and
report if offered by the
Majority Leader or his
designee, after the
reading of the final
lines of the bill, will
be privileged.
H.R. 3396...................... Defense of Marriage.......................... H. Res. 474........ Restrictive; waives cl 2D
2(l)(6); makes in order
2 amendments by Mr.
Frank; 1. (75 min); 2.
(15 min); waives all
points of order against
the amendments.
H.R. 3756...................... Treasury, Postal Appropriations FY 1997...... H. Res. 475........ Open; waives sections ........................
302(f), 308(a) and
401(b) of the CBA
against the bill's
consideration; self
executes a provision in
the rule concerning
expedited procedures;
waives clauses 2 and 6
of rule XXI against
certain provisions in
the bill; makes in order
3 amendments; Lightfoot
(10 min); Metcalf/Luther
(30 min) and Gutknecht/
Luther (20 min); Pre-
printing gets priority;
provides that if a
motion to rise and
report if offered by the
Majority Leader or his
designee, after the
reading of the final
lines of the bill, will
be privileged.
H.R. 3814...................... Commerce, Justice State Appropriations, FY H. Res. 479........ Open; waives cl 2(l)(6) N/A
1997. of rule XI and cl 7 of
rule XVI against the
bill's consideration;
waives clause 2 and 6 of
rule XXI against certain
provisions in the bill;
Makes in order a Rogers
amendment as the first
order of business (10
min); Pre-printing gets
priority; provides that
if a motion to rise and
report if offered by the
Majority Leader or his
designee, after the
reading of the final
lines of the bill, will
be privileged.
H.R. 3820...................... Campaign Finance Reform...................... H. Res. 481........ Restrictive; makes in 1D
order only one
substitute (H.R. 3505)
which can be modified by
an amendment in the
report if offered by the
Minority Leader (1 hr);
waives all points of
order against the
substitute.
H.R. 3734...................... The Personal Responsibility Act of 1996 H. Res. 482........ Restrictive; waives all 1D/1R
(Welfare Reform). points of order against
the bill's
consideration; provides
2 hrs. of additional
general debate; self-
executes H.R. 3829 as
original text as
modified by an amendment
printed in the report;
makes in order an
amendment printed in the
report if offered by Mr.
Kasich or his designee
(20 min); makes a Tanner
Castle substitute (H.R.
3832) (1 hr).
H.R. 3816...................... Energy Appropriations, FY 1997............... H. Res. 483........ Open; waives clauses 2 N/A
and 6 of rule XXI
against certain
provisions in the bill;
pre-printing gets
priority; provides that
if a motion to rise and
report if offered by the
Majority Leader or his
designee, after the
reading of the final
lines of the bill, will
be privileged.
H.R. 2391...................... Working Families Flexibility Act of 1996..... H. Res. 488........ Restrictive; makes in N/A
order the committee
amendment substitute in
order as base text;
waives cl 7 of rule XVI
against the substitute;
makes in order a
managers amendment which
if adopted will be
considered as base text
(10 min); provides a 2
hour time cap on the
amendment process; only
amendments pre-printed
in the Record are in
order.
H.R. 2823...................... The International Dolphin Conservation H. Res. 489........ Restrictive; makes in 1D
Program Act. order an amendment
printed in the Record
numbered 1 as original
text; makes in order a
Miller amendment (1 hr).
H.R. 123....................... English as the Official Language of H. Res. 499........ Restrictive; waives cl 4D; 1R
Government. 2(l)(6) of rule XI
against the bill's
consideration; makes in
order H.R. 3898 as
original text; waives cl
7 of rule XVI against
the substitute; makes in
order 5 amendments;
Cunningham (10 min),
Guiterrez (20 min),
Scott (20 min), Serrano
(20 min), Serrano (1
hr); waives all points
of order against the
amendments.
H.R. 3719...................... The Small Business Programs Improvement Act H. Res. 516........ Open; waives cl N/A
of 1996. 2(l)(2)(B) of rule XI
against the bill and its
consideration; waives cl
5(a) of rule XXI against
the committee substitute.
H.R. 3308...................... United States Armed Forces Protection Act.... H. Res. 517........ Restrictive; makes in 1D; 1R; 1 Bipartisan
order only the
amendments printed in
the report; Spence (10
min): Bartlett/Chenoweth/
Traficant (40 min);
Schroeder (20 min).
H.R. 4134...................... Authorizing States to deny public education H. Res. 530........ Closed................... N/A
benefits to certain aliens not lawfully
present in the United States.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Contract Bills, 58% restrictive; 42% open.
** All legislation 1st Session, 51% restrictive; 49% open.
*** All legislation 2nd Session, 62% restrictive; 38% open
**** All legislation 104th Congress, 56% restrictive; 44% open.
***** NR indicates that the legislation being considered by the House for amendment has circumvented standard procedure and was never reported from any
House committee.
****** PQ Indicates that the previous question was ordered on the resolution.
******* Restrictive rules are those which limit the number of amendments which can be offered, and include so called modified open and modified closed
rules as well as completely closed rules and rules providing for consideration in the House as opposed to the Committee of the Whole. This definition
of restrictive rule is taken from the Republican chart of resolutions reported from the Rules Committee in the 103rd Congress. N/A means not
available.
motion to recommit
While in the minority, Republicans staunchly defended the
right to offer a motion to recommit, and promised to expand
that right when they took over the House. On the first day of
the 104th Congress, they did what they said; they amended
clause 4(b) of rule XI to reaffirm the minority's long-standing
right to offer a motion to recommit and added protection for a
motion to recommit with instructions, at least if it is offered
by the minority leader or a designee.
But once again, they did not live up to their promises. In
fact, they found innovative ways to undercut their commitments
both to the motion to recommit with instructions and even the
long-protected simple motion to recommit.
There were questions raised about some of the first rules
reported from the Committee which did not explicitly provide
for a motion to recommit with instructions. These might have
inadvertently violated the amended rule XI. For example, the
rule providing for consideration of the Taos Pueblo Indians
Land Transfer bill did not originally provide for a motion to
recommit with instructions. The rule did provide for
consideration of a committee amendment in the nature of a
substitute. Under the rules and precedents of the House, a
Member cannot offer an amendment to text already amended.
Adoption of the committee substitute would amend the entire
text and thereby preclude a motion to recommit with
instructions unless explicitly sanctioned by the rule. A point
of order was not pressed when the majority agreed to amend the
rule on the floor to explicitly permit the motion to recommit
with instructions.
The most dangerous precedents were set by a series of rules
reported at the beginning of the second session--in the midst
of the fiscal crisis created by the Republican shut-down of the
federal government.
Exactly one year and a day after adopting the expanded
protection, the Republican majority found a way to break its
commitment to protect even the simple motion to recommit. On
January 5, 1996, the Republican leadership used a transparent
parliamentary ploy--not once, not twice, but three times--to
circumvent the rule assuring the minority a motion to recommit.
Clause 4(b) of rule XI, first adopted in 1909, prohibits the
Rules Committee from reporting a resolution that prevents the
minority from offering a motion to recommit. Specifically,
clause 4(b) prohibits the Rules Committee from reporting a rule
that ``would prevent the motion to recommit from being made as
provided in clause 4 of rule XVI'' and clause 4 of rule XVI
states that the motion will be in order ``after the previous
question shall have been ordered on the passage of a bill or
joint resolution.''
The clear purpose of protecting the motion to recommit on
passage of ``bills and joint resolutions'' is to guarantee that
when the House first takes up a legislative proposal, the
minority has a right to offer its point of view as the last
matter decided before voting on passage.
On January 5, the Republican majority in the House approved
three extraordinarily restrictive rules providing for initial
consideration of three new approaches to continuing
appropriations. Instead of introducing a new bill or joint
resolution to provide continuing appropriations--as would
ordinarily be the case--the House took up a new House amendment
to a Senate amendment to an unrelated House bill. For example,
one rule hijacked a germane Senate amendment to a House bill
dealing with the National Marine Fisheries Service lab in order
to attach a continuing appropriations measure.
The obvious and intended effect in all three cases was to
circumvent the prohibition against the Committee on Rules
reporting a rule that prevents a motion to recommit on initial
consideration.
There were other problems created by this scheme to avoid
the motion to recommit: (1) in one case, the effort allowed the
Senate to initiate appropriations against all the traditions of
the House, and (2) in the remaining two examples, the rule was
self-executing, denying Members the opportunity to voice their
concern over the procedure without voting against undoing the
Republican shut-down.
The first rule, House Resolution 334, provided for
consideration in the House of an unusual continuing
appropriation amendment to a Senate clean and simple CR. The
Senate CR was a nongermane amendment to an unrelated bill, H.R.
1643, extending most-favored-nation duty status for products
from Bulgaria. Before this Congress, the House would have
simply ignored the Senate amendment to H.R. 1643. The House had
previously guarded its traditional and precious prerogative to
initiate appropriations, by blueslipping Senate appropriation
measures and not taking up Senate amendments to House bills
where such amendments initiate appropriations. By taking up
H.R. 1643 with the Senate amendment, the House signaled its
acceptance of the Senate infringement on the custom and
privilege of the House to initiate spending. This price did not
seem too high for the Republican leadership so long as it
bought a way to prevent Democrats from offering an amendment or
a simple motion to recommit.
The next two rules, House Resolutions 336 and 338, went a
step further. Not satisfied with blocking all amendments and
the motion to recommit, the Republican majority denied any
separate debate on the House amendment. Adoption of the rule
constituted adoption of the House amendment. When the House
passed the rule, the underlying bill and amendments were
automatically sent to the Senate without further debate or
vote.
In effect, this precludes any serious discussion of the
process. The seriousness of the issues involved--the threat of
another costly government shutdown if the continuing
appropriation was not passed--overwhelmed any debate about the
motion to recommit. If any fair-minded Republicans had wanted
to protest this rule (and its repudiation of the Republican
commitment to a motion to recommit) they could not protest
without fear of contradicting the Speaker's new policy on
continuing government functions.
On the question at hand, the motion to recommit, a self-
executing rule is not in order on initial consideration; it
would violate the old and new rule protecting the motion to
recommit. What permitted the self-executing rule was again the
technique of hijacking an unrelated House bill with a Senate
amendment to bring up a new legislative proposal, instead of
introducing a new bill or joint resolution. The self-executing
rule enabled the Republican leaders to deny the motion to
recommit and to stifle any protest as well.
Finally, the Republican leaders discovered one other
inventive way to block consideration of a motion to recommit
with instructions. The very first use of the new unfunded
mandates point of order was to block consideration of a motion
to recommit with instructions concerning minimum wage. In order
to avoid a direct vote on the motion to recommit, the majority
hid behind the question of consideration. For further
explanation see the next section ``Unfunded Mandates unwaivable
`Point of Order'.''
In all, the Republicans found several creative ways to deny
both the simple motion to recommit and the motion to recommit
with instructions. There are costs, grave costs, attached to
their abandoning this promise.
unfunded mandates unwaivable ``point of order''
The Republicans pledged to stop unfunded mandates on state
and local governments by imposing new restrictions on the
ability of Congress to impose such economic burdens. Instead
they instituted a flawed system that has proven to be a
partisan tool to stop legislative items that the Republican
leadership does not want to move forward. Public Law 104-4
implemented the Unfunded Mandates Reform Act of 1995, the first
major piece of legislation signed into law during the 104th
Congress. This measure, which enjoyed wide bipartisan support,
was intended to prevent the imposition of unfunded mandates on
public and private sector entities. However, this well-
intentioned bill contained a major flaw--a new, non-waivable
point of order. The legislation (in Section 425) specifically
prevents the Rules Committee from waiving the point of order
that may be triggered when there is (or is believed to be) an
unfunded mandate in any bill, joint resolution, motion,
conference report, or amendment. Only a small handful of House
Rules in the history of the House of Representatives have ever
been given this extraordinary protection. If a member raises an
unfunded mandates point of order, all he or she need do is cite
the provision in the measure under debate that is alleged to
impose a mandate as defined in Section 425 of PL 104-4. There
is an automatic 20 minutes of debate followed by a vote. There
is no parliamentary or budgetary ruling on the validity of the
point of order and there is no burden of proof on the member
raising the point of order. It does not matter if the point of
order is baseless. Simply raising the point of order requires
the House to vote on whether to consider the text that is
challenged. A simple majority of the House, for any reason,
regardless of whether there is any legitimate financial
imposition or not, can deny the opportunity for the House to
proceed with an otherwise germane and viable legislative
measure.
During consideration of the unfunded mandates legislation
we on the minority side of the Rules panel expressed concern
over this provision of the bill noting that it could be used
both to stop legislation not containing unfunded mandates from
being considered on the Floor and as a dilatory tactic to
disrupt the legislative process. We were always assured that
this would not be used for this purpose. However, on the first
formal raising of the point of order, it was used as a partisan
tool to prevent the consideration of a legitimate legislative
measure, a measure which did not even contain an unfunded
mandate (a letter from the Congressional Budget Office
confirmed this fact). Moreover, to add insult to injury, this
tactic was used to prevent the minority from offering a germane
motion to recommit with instructions, something that
Republicans in previous Congresses had considered to be so
sacred that one of their first changes in the House Rules in
the 104th Congress was to guarantee the right of the minority
to offer this motion. The motion (to H.R. 3136) would have
required the implementation of an increase in the minimum wage
before provisions in the underlying bill would be enacted. It
did not directly implement the increase but rather called for
subsequent legislative action to accomplish that goal. However,
in this instance because the contents of the motion to recommit
were controversial and opposed by the majority leadership at
that time, the unfunded mandate point of order was used
improperly to prevent any consideration of the issue contained
in the motion. The vote on this non-unfunded mandate was nearly
party line vote of 192 to 228.
Ironically, the second formal use of the unfunded mandate
point of order was used on the same subject matter, only this
time the provision against which the point of order was raised
actually implemented the minimum wage increase and therefore
contained a legitimate unfunded mandate (again, confirmed in a
letter by the Congressional Budget Office). But, by that time,
due to an enormous public outcry, the Republican leadership
wanted the measure to be considered and voted upon by the full
House of Representatives. The vote (on H.R. 1227) to allow the
consideration of the unfunded mandate notwithstanding the point
of order was 267 to 161. Thus, a measure that did not contain
an unfunded mandate was blocked from consideration and one
which did have a substantial unfunded mandate was allowed to
proceed.
Because of the way this point of order was crafted, unless
it is changed, there is no way to prevent future abuses. We are
terribly concerned that if this practice continues, it will
simply become a back-door approach to halt any discussion or
vote on an otherwise appropriate and in-order measure,
particularly in the case of the motion to recommit. We believe
that the Rules Committee majority must move to stop this
egregious misuse of this otherwise viable point of order and
hope that they will convey to the Republican leadership that
this use of the unfunded mandates legislation is not a
legitimate method to squelch debate and Floor action on
responsible legislative initiatives, regardless of the level of
controversy they may generate. The Unfunded Mandates Reform Act
was intended to draw attention to financial burdens imposed on
state and local governments and the private sector. It should
not be used as a weapon to prevent the consideration of viable
and responsible legislative initiatives and certainly not to
prevent the minority from its right to offer a motion to
recommit with instructions. The majority must carefully
consider the ramifications of misusing the unfunded mandates
point of order for purposes other than the legislative
intentions spelled out in PL 104-4.
blanket waivers of points of order
The Republicans promised not to grant blanket waivers of
House rules during the 104th Congress. This is one of those
promises they made to convince the American people that they
would run the House differently. Like many other promises they
made, this one was broken. In fact, they broke it over 100
times. They reported more than 100 rules which gave blanket
waivers to 90 bills and to hundreds of amendments and motions.
The number of blanket waivers granted saw little change during
this Congress.
During the 104th Congress, H.Res. 6 contained an amendment
to clause 4 of rule XI as follows: ``Whenever the Rules
Committee reports a resolution providing for the consideration
of a measure, it shall, to the maximum extent possible, specify
in the resolution the object of any waiver of a point of order
against the measure or against its consideration.'' According
to the section-by-section summary of H.Res. 6 placed in the
Congressional Record of January 4, 1995, the stated intent of
this amendment was ``that Members be fully informed as to what
potential violations of House rules are involved in considering
a bill.'' The Record goes on to state that ``. . . it is
expected that the Rules Committee will, in all but the most
time-sensitive situations, endeavor to determine what specific
waivers are required and detail them in the rule.''
At first blush, this new provision would seem to be a
highly commendable endeavor. It is clear that the membership of
the House would be better served and informed as to the content
of each measure before the House, if all waivers were specified
in the resolution. That, however, has not been the case. The
rule change has had little effect on the number of resolutions
containing waivers of all points of order because it contains a
large loophole. The rule says that the Rules Committee must
meet this requirement only ``to the maximum extent possible.''
This loophole is the reason the Rules Committee could report 90
resolutions containing waivers of all points of order against
bills, resolutions, and conference reports. That total compares
to 97 such resolutions reported during the 103rd, which is only
7 less than before the rule was added.
Secondly, the timing of the implementation of this rule
seems to suggest that there has been some major abuse in
granting non-specific waivers during past Congresses. As the
rule implies, it is not always easy nor timely to identify each
and every technical violation of the House rules for each
measure before the House. We believe that this rule change was
merely used to give the impression that significant change was
being implemented because it places no requirement on the Rules
Committee. Anytime the Republicans of the Rules Committee
decided that they did not want the Members of the House to know
what House rules were being broken, they simply slipped through
the loophole and ignored the intent of the new rule. Needless
to say, those ``time-sensitive situations'' referred to on the
first day of the Congress were rather abundant during the 104th
Congress. As stated previously, the 104th Congress has seen
little change in the number of resolutions that gave blanket
waivers. The change proposed in clause 4(e) of rule XI, even
though it looks nice on the outside, is really just a hollow
shell.
unprecedented use of ``martial law''
The Minority has grave concern about the extent to which
the Republican majority of the Rules Committee abused the use
of the martial-law procedure during the 104th Congress. The
abuse was so great that the House was forced to conduct
business under this extraordinary procedure for an
unprecedented 132 days. This included the longest continuous
period of martial-law in history--121 days. Martial law refers
to the waiving of clause 4(b) of rule XI (requiring a two-
thirds affirmative vote for same-day consideration by the House
of a resolution reported from the Rules Committee) and to the
granting of authority to the Speaker to entertain motions to
suspend the rules. Under martial-law, the Republican leadership
brought bills to the House floor with absolutely no prior
notice to the Members. Martial-law was used to take away the
normal protections afforded the Minority party and did not give
Members adequate time to look over bills before they had to
vote on them. When this procedure was used, the Republican
leadership was simply telling Members to trust them and vote
for the bills in front of them. They used the martial-law
procedure to hide their special-interest backroom deals.
During the 104th Congress, a major part of the federal
government was shut down for a total of twenty-one days as the
Republican leadership played ``chicken'' with the national
economy. The martial-law procedure played a key role in this
misguided strategy. The Republican leadership used the
procedure to give themselves cover by saying that they were
ready to move bills as soon as the President would agree to
their demands. The American people did not buy into this and
blamed the Republican Congress for the shut down.
It was bad enough that the Republicans ran the House by
martial-law for over four months. However, the manner in which
they used it made matters even worse. Seven of the nine
martial-law resolutions adopted in the House applied to whole
classes of bills, allowing the leadership to call up any number
of general appropriations bills, budget reconciliation bills,
or debt ceiling bills at a moment's notice. As a result, the
most egregious elements of the Republican agenda were rammed
through the House with much fanfare but little debate.
In contrast, the Democratic controlled House of the 103rd
Congress conducted business under martial-law for a total of
only five days. Of the five martial-law resolutions adopted by
the House, each was effective for a period of only one day and
each applied to one specific bill or conference report. There
was not one instance when the procedure was used for a class of
bills or for more than one day. This gave the membership the
traditional one day's notice before the rule was called up on
the House floor.
It is highly ironic that during the floor debates regarding
martial-law, that the Republicans were saying that they were
only conducting business as usual. They had promised to change
the way business was done in the House. This is one of the only
promises they managed to keep. In fact, they took the House
back to the good old days. Not since the days of Speaker Cannon
has there been a more abusive use of the rules of the House
than has occurred during this Congress.
three-fifths vote on tax increases
Republicans promised--they adopted a new rule, clause 5(c)
of rule XXI--to require a \3/5\ vote on any measure carrying a
federal income tax rate increase. They waived the vote
requirement every time it applied to a Republican measure:
H.R. 1215 (H. Res. 128)--Contract With America Tax
Relief Act \1\
---------------------------------------------------------------------------
\1\ In this instance, the rule did not explicitly waive the \3/5\
vote requirement. However, when the Chair was asked, in a parliamentary
inquiry, whether the \3/5\ requirement applied the Chair stated that
the requirement did not apply and the ruling of the Chair was appealed
[April 5, 1995, Congressional Record, H4316-4319]. The ensuing exchange
of letters is printed in November 9, 1995, Congress Record H11994-
H11999].
---------------------------------------------------------------------------
H.R. 2425 (H. Res. 238)--Medicare Preservation Act of
1994
H.R. 2491 (H. Res. 245)--Budget Reconciliation Act of
1995
H.R. 3103 (H. Res. 392)--Health Insurance Reform
H.R. 1227 (H. Res. 440)--Small Business Job
Protection Act of 1996
H.R. 3734 (H. Res. 495)--Welfare Reform Conference
Report
All these measures raised taxes. H.R. 1215 would make those
who invest venture capital in qualified jobs-creating small
businesses pay a higher rate of federal income tax than they
would under existing law. H.R. 2425 would increase tax rates on
those who make unqualified withdrawals from medical savings
accounts and would impose a new tax rate on high-income
Medicare beneficiaries. H.R. 2491 would have raised taxes on
millions of American working families by modifying the earned
income tax credit and contained several other tax rate
increases. H.R. 3103 contained some of the same tax rate
increases as in H.R. 2425. H.R. 1227 increased tax rates on
nonqualified withdrawals from simplified pension plans. They
voted for tax hikes on working families by majority vote and,
to do so, they waived the new rule without a second thought.
Republicans clearly backtracked on their promise to use
this new rule to restrict tax increases. Remember, their
original promise was to require a \3/5\ vote on any tax
increase, not just income taxes and not just income tax rate
increases.
On opening day Speaker Gingrich said, ``Those of us who
ended up in the majority stood on those steps and signed a
contract and here is what it says: `The new Republican majority
will . . . require a three-fifths majority vote to pass a tax
increase.''' (Congressional Record, January 4, 1995, page H6).
Notice the Speaker said any tax increase, not just a tax rate
increase.
The original idea may have been to make it more difficult
to raise taxes but a quiet revolution within the Republican
conference narrowed the scope of the rules change so that the
new rule only covered tax rate increases.
In other words, Republicans may have promised not to raise
income tax rates without a \3/5\ vote; however, under the new
rule they can raise payroll taxes, excise taxes, other income
taxes including the effective rates of income taxes. Under the
new rule, they can raise every kind of tax, short of statutory
rate increases, with impunity.
But even this narrow restriction now proves too difficult
for Republicans to live with. It took no longer than the first
100 days and the Contract With America tax bill to force them
to bypass their own new rule. The Chair was compelled to rule
on the application of the new rule and the embarrassment caused
by that ruling is documented in an exchange of letters printed
in the Congressional Record of November 9, 1995 [H11994-
H11999].
In fact, the problems caused by that ruling led the
majority to adopt rules for consideration of subsequent tax
rate increases that explicitly waived the \3/5\ voting
requirement on each of the bills and any subsequent conference
reports.
It was recently reported (Roll Call, Monday, November 25,
1996, page 15) that the Republican conference voted to further
narrow the application of this rule to very specific rates that
cannot be increased.
We want to make clear there is nothing in the legislative
history to support a further narrowing of the rule. The
legislative history in fact supports the broadest possible
interpretation of the rule since every supporter speaks broadly
about the rule touching all tax increases. Here's how
Republicans described their rule change at the time it was
adopted:
Rep. Dick Armey--``House rules will now require a three-
fifths majority to raise taxes''--Cong Rec H31, Wednesday,
January 4.
Rep. John Boehner--``. . . and we decided to change the
rules to require a three-fifths majority to raise taxes''--Cong
Rec H127, Thursday, January 5.
Rep. Gerry Solomon--``Mr. Speaker, the tax-and-spend
Democrats are at it again. They are suing us Republicans, do
you believe it, to overturn our rules change that requires a
three-fifths majority vote to raise taxes.
``The three-fifths majority vote to raise taxes will stand
as a hindrance to any Democrat attempt to foist more taxes on
the American people. There ain't going to be any more''--Cong
Rec H1469, Thursday, February 9.
Rep. Joe Barton of Texas--``This country was founded on the
principle of no taxation without representation. Today many
Americans believe that principle has been violated and that
their elected Representatives in Washington have taxed them so
that they can spend money on the special big-spending interests
in Washington, DC. To correct this said situation the new
Republican majority has now introduced section 106 of the rule
change package. Section 106 would require a three-fifths vote
to increase income taxes''--Cong Rec H70, Wednesday, January 4.
Rep. Gary Franks--``Under this [rules] package, any income
tax increase must now be approved by a three-fifths majority of
the House of Representatives''--Cong Rec H43, Wednesday,
January 4.
Rep. Jon Fox--``The goal of this rule is twofold. First, it
will require three-fifths majority vote for tax increase
measures and amendments''--Cong Rec H63, Wednesday, January 4.
Rep. Jim Saxton--``As you know, this amendment to the House
rules provides for a three-fifths or 60 percent vote as a
necessity to pass any income tax increase''--Cong Rec H63,
Wednesday, January 4.
Rep. Randy Tate--``I am in favor of the proposal of
requiring a 60-percent majority in order to raise taxes so that
the taxing ways of Congress are gone forever''--Cong Rec H68,
Wednesday, January 4.
Rep. Joe Scarborough--``We have to have a three-fifths
supermajority now to pass any tax increases on middle class
citizens across this country''--Cong Rec H1898, Thursday,
February 16.
Rep. Joe Scarborough--``When you pass a taxpayer protection
plan that we passed the first day of Congress, that requires
this body to pass new taxes increase by a three-fifths vote in
the 104th Congress, you are saving jobs . . .''--Cong Rec
H2031, Wednesday, February 22.
Rep. Gil Gutknecht--``And we also required a three-fifths
vote to pass any kind of tax increase''--Cong Rec H6824,
Tuesday, July 11.
Every single Member speaks broadly of all income tax
increases. No one even mentions rates, let alone a more limited
reading. It is only after they were caught with their hands in
the cookie jar (and they waived the vote requirement every time
it touched their bills) that they wanted to narrow the rule.
The problem, we submit, is not the breadth of the rule. The
problem is that no one can accomplish their political ends by
means of a new House rule setting a supermajority vote
requirement. Such rules invariably must face the fact that the
House is a majoritarian institution; if the Republican majority
wishes to increase taxes, even a specific income tax rate, no
rule will or should stop them. It is a mistake to try to use
the rules of the House to bypass majority rule on fiscal and
political policy decisions.
limiting the ability of committees to sit while the house is meeting
The Republicans promised to make sweeping changes in the
House Rules, changes that would dramatically improve the inner
workings of the House. In their opening day Rules package
contained in H.Res. 6, the Republicans reinstated in clause
2(i)(l) of Rule XI that committees (with certain exceptions
including but not limited to the Rules, Budget and
Appropriations Committees) may not meet without special request
while the House is reading a measure for amendment under the
five-minute rule. However, we are not certain why this change
was necessary because there was no discussion or justification
of the need for this measure in any of the January 4, 1995
Floor debate. We can only conclude that this provision was
intended to greatly improve and increase the involvement of
members on legislation under consideration on the House Floor.
But, as has been the case with several other rule changes in
the 104th Congress, this measure was an example of a solution
looking for a problem.
This provision was deleted from the rules of the 103rd
Congress because it had proven to be a deterrent to the House
in the timely completion of its committee business. There
simply were not enough hours when the House was not in session
for committees to meet and carry out the demands of their heavy
schedules. While in theory it might be desirable to have all
members on the Floor during every moment of consideration of a
bill for amendment under the five-minute rule, it is highly
impractical and would certainly severely limit the legislative
schedule of the House. Committees have very full dockets and a
limited amount of time in which to consider and report critical
legislative initiatives to the full House for consideration.
This proved to be the case in the 104th Congress. On virtually
every substantial legislative day of both sessions of this
Congress, majority members have come to the Floor to ask for
unanimous consent or to entertain a motion to allow committees
to meet during the five-minute rule.
During the 104th Congress there were more than 114
requests, either through a privileged motion by the Majority
Leader or through a unanimous consent request, for waivers for
committees to meet. These requests covered a total of 964
committee meetings. The accompanying chart, prepared by the
Congressional Research Service, shows the many instances when
the majority sought to waive this rule. Given these enormous
numbers, it is clear that the majority should include a repeal
of this provision in their opening day rules package.
TABLE 1.--REQUESTS PERMITTING HOUSE COMMITTEES TO SIT UNDER THE 5-MINUTE RULE, 1ST SESSION, 104TH CONGRESS
----------------------------------------------------------------------------------------------------------------
Total Committee requests to Times committee met Times committee did
committee meet by ---------------------- not meet
requests ----------------------- ---------------------
Committee \1\ to sit
during UC \3\ Motion \4\ No. Pct. No. Pct.
COTW \2\
----------------------------------------------------------------------------------------------------------------
Agriculture....................... 36 31 5 28 78 8 22
Banking and Financial Services.... 49 45 4 42 86 7 14
Commerce.......................... 60 55 5 55 92 5 8
Economic and Educational
Opportunities.................... 51 47 4 42 82 9 18
Government Reform and Oversight... 58 53 5 51 88 7 12
House Oversight................... 18 14 4 12 67 6 33
International Relations........... 59 54 5 55 93 4 7
Judiciary......................... 56 51 5 47 84 9 16
National Security................. 33 28 5 26 79 7 21
Resources......................... 46 41 5 35 76 11 24
Science........................... 40 35 5 33 83 7 17
Small Business.................... 32 28 4 24 75 8 25
Transportation and Infrastructure. 51 47 4 42 82 9 18
Veterans' Affairs................. 26 21 5 0 0 26 100
Intelligence, Perm. Select........ 26 22 4 15 58 11 42
-----------------------------------------------------------------------------
Total......................... 641 572 69 507 79 134 21
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to House Rule XI, Clause 2(i)(1), the Committees on Appropriations, Budget, Rules, Standards of
Official Conduct, and Ways and Means have authority to sit while the House is under the 5-minute rule. Thus,
they are not included in this table.
\2\ Committee of the Whole is abbreviated as ``COTW.''.
\3\ Unanimous consent requests permitting committees to sit while the House is under the 5-minute rule. There
were 76 UC agreements which covered a total of 572 committees.
\4\ The Majority Leader offered five privileged motions requesting that one or more committees be allowed to sit
while the House is under the 5-minute rule. The 5 privileged motions covered at total of 69 committees.
Sources: Daily Digest, Congressional Record. Congressional Quarterly's, Washington Alert.
TABLE 2--REQUESTS PERMITTING HOUSE COMMITTEES TO SIT UNDER THE 5-MINUTE RULE 2D SESSION, 104TH CONGRESS (JAN. 3-
OCT. 4, 1996)
----------------------------------------------------------------------------------------------------------------
Total Committee sessions Times committee met Times committee did
committee requested by ---------------------- not meet
requests ----------------------- ---------------------
Committee \1\ to sit
during UC \3\ Motion \4\ No. Pct. No. Pct.
COTW \2\
----------------------------------------------------------------------------------------------------------------
Agriculture....................... 16 15 1 14 88 2 12
Banking and Financial Services.... 23 22 1 22 96 1 4
Commerce.......................... 25 24 1 25 100 0 0
Economic and Educational
Opportunities.................... 20 19 1 17 85 3 15
Government Reform and Oversight... 29 28 1 28 97 1 3
House Oversight................... 5 4 1 3 60 2 40
International Relations........... 30 29 1 28 93 2 7
Judiciary......................... 24 23 1 24 100 0 0
National Security................. 23 22 1 19 83 4 17
Resources......................... 29 28 1 27 93 2 7
Science........................... 22 21 1 20 91 2 8
Small Business.................... 16 15 1 12 75 4 25
Transportation and Infrastructure. 29 28 1 26 90 3 10
Veterans' Affairs................. 12 11 1 11 92 1 8
Intelligence, Perm. Select........ 21 20 1 16 76 5 14
-----------------------------------------------------------------------------
Total......................... 324 309 15 292 90 32 10
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to House Rule XI, Clause 2(i)(1), the Committees on Appropriations, Budget, Rules, Standards of
Official Conduct, and Ways and Means have authority to sit while the House is under the 5-minute rule. Thus,
they are not included in this table.
\2\ Committee of the Whole is abbreviated as ``COTW.''.
\3\ Unanimous consent (UC) requests permitting committees to sit while the House is under the 5-minute rule.
There were 32 UC requests which covered a total of 309 committee sessions.
\4\ On May 9, 1996, the Majority Leader offered one privileged motion requesting that all committees be allowed
to sit while the House was under the 5-minute rule. Although the motion permitted committees to meet on two
days, May 9-10, 1996, the motion is counted only once in this column.
Sources: Daily Digest, Congressional Record. Congressional Quarterly's, Washington Alert.
limits on committee and subcommittee assignments
With great fanfare on the opening day of the 104th
Congress, the Republican majority trumpeted their new rules on
committees. Members were limited to no more than 2 full
committees and no more than 4 subcommittees. Assignment limits
are one of the linchpins of committee reform: by limiting
members to fewer committees, there would be fewer schedule
clashes making the ban on proxy voting more tenable and
possibly might allow more committees to complete their work
without meeting when the Committee of the Whole is debating
amendments.
The problem is that this new rule, as with so many others,
was simply waived or ignored when it proved inconvenient. A
quick glance through the Clerk's Official List of Committee
Assignments, dated September 3, 1996, reveals 41 Republican
members each assigned to more than 2 committees; 30 Republican
members of the House violate the 4-subcommittee rule, some even
serving on 6 subcommittees. Two-thirds of the members violating
the subcommittee rule are freshmen Republicans.
conclusion
To be sure the 104th Congress had many accomplishments that
are worthy of praise from both sides of the aisle. According to
the majority, new rules were adopted and adhered to and a more
open, deliberative process governed the day-to-day running of
the House during the course of the 104th Congress. As the
minority, however, we feel it was our responsibility to set the
record straight.
The facts show that the performance of the Republican
majority fell far short of their rhetoric. New rules were
routinely waived and the amendment process was far more closed
than promised. Having been in the majority prior to this
Congress we bring a unique perspective to this process. We
understand the difficulties and pitfalls that face the
governing party as they move their agenda through Congress. It
is by no means an easy task.
The fact remains that the Republican majority made
significant promises at the beginning of this Congress that
they could not fulfill.
Appendix
a case study: time caps
The fact that for so long Democrats and Republicans have
been unable to agree on the number of rules that are open or
restrictive indicates that more fundamental questions about the
terms of the debate are unresolved.
For example, we agreed in the 103rd Congress and we agree
in the 104th Congress on how many rules impose time caps. The
question is: are time cap rules restrictive or open?
For purposes of assessing whether Republicans lived up to
their promise of 70 percent open rules, it seems proper to
categorize time cap rules as restrictive because when they made
their commitment, the term ``open'' meant open. It did not mean
some brand new amalgam of open rules and those rules
Republicans used to call ``restrictive'' and now call
``modified open.'' It seems only proper to assess their
performance on their own terms and for that reason to place
time cap rules in the same category they did: restrictive.
But Republicans now claim that time cap rules are modified
open rules and should count toward their commitment to
openness.
Are time cap rules really open? We said, in the survey of
activities of the 103rd Congress, that time cap rules are not
strictly speaking open. Yet it does not follow that they are
restrictive. Our point then and now is that you cannot simply
read the rule to determine whether a time cap restricts the
offering of germane amendments; you need to look at each
particular time cap and how it affected consideration of the
measure made in order. A time cap placed on consideration of a
measure which demands a great deal of debate on more than a
handful of amendments will constrict. A time limit on a less
controversial measure, even if it is a shorter time period, may
not restrict the offering of any germane amendments.
Let's look at the time cap rules adopted in the 103rd
Congress and the time cap rules in the 104th. The facts will
support the conclusion that time caps in this Congress were
restrictive but time caps in the 103rd Congress were not--just
the reverse of the Republican categorization scheme.
Republican time caps were restrictive (1) because they used
time for voting to count against the limited time alloted for
amendments, (2) because under Republican time caps, amendments
were offered almost exclusively by Members of the Committee and
(3) because at the end of the day there were Members who were
denied the opportunity to offer germane amendments but that was
not so in the case of time cap rules in the 103rd Congress
(1) Time caps in the 103rd specifically excluded voting
time in 4 out of 5 cases but in all cases in the 104th Congress
the restriction on the amount of time for debating amendments
included time for voting.
In the 103rd Congress, there were 5 bills considered under
rules with time caps on the amendment process; four in 1994 and
one in 1993. All four of the time caps from 1994 specifically
excluded voting time. The single exception in the 103rd was
H.R. 1036, ERISA Amendments Act. The Rules Committee asked for
amendments in advance and received only 2 (Reps. Fawell and
Berman). On the floor, Mr. Fawell offered his; it was defeated.
Mr. Berman did not offer. No other amendments were offered and
the total time consumed by the amendment process (including
votes) was about one hour and 15 minutes.
The record of the 104th Congress is quite different. At
least two hours of the limited time was eaten up by voting on
each of the measures considered under timecap rules in the
104th Congress. In one case, more than forty percent of the
capped time was devoted to voting. The chart below illustrates
with some examples from the time cap rules adopted in the 104th
Congress:
The following is a list of several examples of rules which
included time caps and the amount of time spent voting under
this process.
----------------------------------------------------------------------------------------------------------------
Roll
Bill No. Bill title calls Time spent voting Time on amends
----------------------------------------------------------------------------------------------------------------
H.R. 667................ Violent Criminal 8 2 hrs. 40 min........... 7 hrs. 20 min
Incarceration Act.
H.R. 728................ Block Grants........... 7 2 hrs. 20 min........... 7 hrs. 40 min
H.R. 7.................. National Security 11 3 hrs. 40 min........... 6 hrs. 20 min
Revitalization.
H.R. 450................ Regulatory Moratorium.. 13 3 hrs. 30 min........... 6 hrs. 30 min
H.R. 1022............... Risk Assessment........ 6 2 hrs................... 8 hrs.
H.R. 925................ Takings................ 8 2 hrs. 40 min........... 9 hrs. 20 min
H.R. 988................ Attorney Accountability 7 2 hrs. 5 min............ 4 hrs. 55 min
H.R. 1058............... Securities Litigation.. 8 2 hrs. 40 min........... 6 hrs. 20 min
H.R. 1158............... Appropriations 15 4 hrs. 10 min........... 5 hrs. 50 min
Rescissions.
----------------------------------------------------------------------------------------------------------------
(2) Many members, Republican and Democratic, rose to
complain that the time cap rules in the 104th Congress denied
members who are not on the committee of jurisdiction the
opportunity to offer amendments. The normal order of
recognition permits members from the committee to be recognized
before members not on the committee. Even with priority of
recognition given to those with pre-printed amendments, the
fact is that there were many more amendments printed in advance
than there was time under the cap to consider (See the next
section). So the competition for limited time gave advantage to
pre-printed amendments offered by members of the committee at
the expense of amendments--whether or not pre-printed--offered
by members not on the committee.
(3) Even more importantly, the test of whether a time cap
is restrictive is whether Members are excluded from offering
germane amendments. The bottom line is: were there any Members
with germane amendments to offer when the time expired?
In the 103rd Congress, no bills considered under a time cap
consumed the entire amount of time.
------------------------------------------------------------------------
Bill/rule Time cap Floor time consumed
------------------------------------------------------------------------
H.R. 1036 (H. Res. 299)... 4-hr time cap........ 75 minutes.
H.R. 2108 (H. Res. 428)... 3-hr time cap........ 2 hrs 25 minutes.
H.R. 3433 (H. Res. 516)... 3-hr time cap........ 80 minutes.
H.R. 4799 (H. Res. 551)... 4-hr time cap........ 70 minutes.
H.R. 5044 (H. Res. 562)... 4-hr time cap........ 3 hrs, 20 minutes.
------------------------------------------------------------------------
No one in the 103rd Congress was shut out by a time cap. No
Member with a germane amendment to a bill considered under a
time cap was denied the opportunity to offer because time had
expired.
Before the Committee rose, on each of the time-cap rules in
the 103rd Congress, the Chair asked, ``Are there any additional
amendments?'' and then hearing no response, the Chair said,
``If there are no further amendments, under the rule the
Committee rises.''
In the 104th, on each and ever time-cap rule, the Chair was
forced to state that all time for consideration of amendments
had expired. In each and every case, there were identifiable
Members with pre-printed amendments who were shut out. Who
knows how many others who did not print their amendments in
advance were shut out? The chart below shows in the case of
several time cap rules adopted in the 104th Congress the names
of those members who had printed amendments in advance but had
not offered their amendments when time under the cap ran out.
members shut out by a time cap--104th congress
This is a list of Members who were not allowed to offer
amendments to major time cap legislation because the time cap
on amendments had expired. These amendments were also pre-
printed in the Congressional Record. This list is not an an
exhaustive one. It contains only Members who had pre-printed
their amendments; others may have wished to offer amendments
but were prevented from doing so because the time for amendment
had expired.
H.R. 728--Law Enforcement Block Grants--10 Members.
Mr. Bereuter, Mr. Kasich, Ms. Jackson Lee, Mr. Stupak, Mr.
Serrano, Mr. Watt, Ms. Waters, Mr. Wise, Ms. Furse, Mr. Fields.
H.R. 7--National Security Revitalization Act--8 Members.
Ms. Lofgren, Mr. Bereuter, Mr. Bonior, Mr. Meehan, Mr.
Sanders (2), Mr. Schiff, Ms Schroeder, Ms. Waters.
H.R. 450--Regulatory Moratorium--15 Members.
Mr. Towns, Bentsen, Volkmer, Markey, Moran, Fields,
Abercrombie, Richardson, Traficant, Mfume, Collins, Cooley,
Hansen, Radanovich, Schiff.
H.R. 1022--Risk assessment--3 Members.
Mr. Cooley (2), Mr. Fields, Mr. Vento (at least three other
Members had amendments prepared but were not allowed to offer
them Mr. Doggett, Mr. Mica, Mr. Markey).
H.R. 925--Takings--At least 7 members had amendments
prepared but were not allowed to offer them.
Mr. Conyers, Mr. Miller, Ms. Schroeder, Mr. Fattah, Mr.
Traficant, Mr. Wyden/Gilchrest, Ms. Collins.
H.R. 988--Attorney Accountability--4 members.
Mr. Smith (MI), Ms. Harman, Mr. Bryant, Mr. Parker (MS),
and Mr. LaTourette.
H.R. 1058--Securities Litigation--3 members.
Mr. Kennedy, Mr. Watt, Mr. Meehan.
H.R. 1158--Rescissions.
More than 70 germane, pre-printed amendments were never
considered because of the way the rule was structured.
special procedures--king of the hill
The Republican majority came to a position of
responsibility promising to conduct the business of the House
in a manner which is accurate, accountable and fair. One
special procedure adopted by the Republicans, however, may
result in a determination of the House which does not
accurately reflect the will of the Members. As with many
legislative initiatives, this new Republican majority chose a
label for their procedure which promises much and delivers
less. ``Most votes wins'' replaces the ``King of the Hill''
amendment structure which has been utilized successfully over
the past decade.
The ``King of the Hill'' structure was first used in 1982
to provide for the consideration of several competing
substitutes for the 1983 Budget Resolution. The regular
amendment process would have precluded and remaining
alternatives from being considered once one alternative had
been adopted. Since Members had no assurance they would be able
to decide upon each policy choice independently, according to
its own merit, the Committee devised the new procedure to
guarantee that each amendment would be voted on regardless of
the disposition of any of the alternatives. King of the Hill
gave members maximum ability to examine a range of policies and
to work its will on each major policy choice.
The procedure came under fire from the then-Republican
minority, who believed that it left open the possibility for an
amendment to receive a large majority vote and still be
defeated. In the 104th Congress, the Republicans adopted an
alternative procedure which provides that the amendment with
the most votes would win. ``Most vote wins'' implies a
parliamentary competition in which all alternatives are
considered simultaneously and the one which receives the most
votes will prevail. This is not the case.
Under regular order, the amendments are considered
sequentially. Each amendment adopted becomes base text to be
tested against the next amendment. For example, a special
structure making in order three substitute amendments provides
the House with four choices, including the text of the
underlying bill. The first vote would test support for the
first amendment against the text of the bill to determine which
of the two alternatives Members prefer. If the first amendment
is adopted, it replaces the bill as the preferred text to be
tested against the merits of the second amendment. If the first
amendment prevails again, it remains text to be tested against
the third alternative amendment. If adopted again, it would
pass as the language tested and preferred against all of the
alternatives. It also would be the last amendment adopted.
The process of consideration of amendments is the same for
both the ``King of the Hill'' and the ``most votes wins''
procedure. Under either structure, each alternative faces the
other alternatives one by one. It is misleading to declare, as
the Republicans have, that the amendment receiving the most
votes represents the amendment preferred by the Members among
all the alternatives. Rather, each vote in the sequence
measures the degree of difference between the two alternatives
competing at the time. There may be a weak alternative which
results in a lopsided vote in one of the match-ups. This does
not mean, however, that the winner is the preferred alternative
among the other choices. Another alternative may prove
significantly more competitive. The ``most vote wins''
procedure provides that an amendment which receives the most
votes at some point during the sequence will prevail. The
``King of the Hill'' procedure stipulates that the amendment
which wins each successive head-to-head test (the last
amendment passed) will prevail as the text Members prefer to
all alternatives.
Finally, there is no assurance in the legislative process
that the amendment with the most votes wins. An amendment can
always be superseded by another amendment or by another
substitute whether it is considered under regular order or
under one of the special procedures. The final opportunity to
amend a bill is guaranteed to the minority party in the motion
to recommit. This vote can overturn an amendment agreed to
earlier in the process regardless of the number of votes that
amendment received.
An examination of the rules considered in the past two
Congresses illustrates that there was never an instance in
which the amendment in the last-passed position received fewer
votes. It also refutes the notion that placing an amendment
anywhere in the sequence favors its passage. In the 103rd
Congress, ``King of the Hill'' procedures were used in 15
instances. In three instances, all amendments in the ``King of
the Hill'' structure failed. In six instances, the amendment
which prevailed was not in the last position. In four
instances, the last position prevailed, but in none of those
cases did any preceding amendments receive a greater number of
votes. In two of these four instances, more than one amendment
passed, but the last amendment also received the most votes.
In the 104th Congress, the Republican majority substituted
the ``most votes wins'' procedure in place of ``King of the
Hill.'' The procedure was used in three instances. In one
instance, none of the amendments passed. In one instance, the
last amendment passed and all other amendments failed. In one
instance, two amendments passed. The last amendment in order
passed with the most votes, replacing an earlier committee
substitute which passed with fewer votes. The committee
substitute would have been supplanted under the King of the
Hill procedure as well.
Below is a statistical summary of the use of the ``King of
the Hill'' and ``most votes wins'' procedures in the 103rd and
104th Congresses.
TOTAL ``KING OF THE HILL'' PROCEDURES--(15)
103RD CONGRESS
All amendments offered failed--(3):
H. Res. 133 (H. Rpt. 103-37). H. Con. Res. 64,
Concurrent Resolution on
the Budget for FY 94
through FY 98
(Substitutes).
H. Res. 246 (H. Rpt. 103-223). H.R. 2401, Department of
Defense Authorization Act
of 1994 (ABM).
H. Res. 384 (H. Rpt. 103-429). H. Con. Res. 218, Budget
Resolution for FY 95
(Substitutes).
Favored position failed--(7):
H. Res. 246 (H. Rpt. 103-223). H.R. 2401, Department of
Defense Authorization Act
of 1994 (ABM).
H. Res. 401 (H. Rpt. 103-474). H.R. 4092, Violent Crime
Control and Law
Enforcement Act of 1994
(Habeas).
H. Res. 429 (H. Rpt. 103-509). H.R. 4301, Department of
Defense Authorization Act
of 1995 (Ballistic
Missile Defense).
H. Res. 431 (H. Rpt. 103-520). H.R. 4301, Department of
Defense Authorization Act
of 1995 (Bosnia).
H. Res. 509 (H. Rpt. 103-673). H.R. 4590, MFN China
(Substitutes).
H. Res. 512 (H. Rpt. 103-689). H.R. 4907, Full Budget
Disclosure Act of 1994
(Substitutes).
H. Res. 570 (H. Rpt. 103-416). H.J. Res. 416, Limited
Authorization for US-Led
Forces in Haiti
(Substitutes).
Most votes passed--(10):
Not in favored position: (6)
H. Res. 401 (H. Rpt. 103-474). H.R. 4092, Violent Crime
Control and Law
Enforcement Act of 1994
(Habeas).
H. Res. 429 (H. Rpt. 103-509). H.R. 4301, Department of
Defense Authorization Act
of 1995 (Ballistic
Missile Defense).
H. Res. 431 (H. Rpt. 103-520). H.R. 4301, Department of
Defense Authorization Act
of 1995 (Bosnia).
H. Res. 509 (H. Rpt. 103-673). H.R. 4590, MFN China
(Substitutes).
H. Res. 512 (H. Rpt. 103-689). H.R. 4907, Full Budget
Disclosure Act of 1994
(Substitutes).
H. Res. 570 (H. Rpt. 103-416). H.J. Res. 416, Limited
Authorization for US-Led
Forces in Haiti
(Substitutes).
Favored position: (4)
H. Res. 254 (H. Rpt. 103-252). H.R. 2401, Department of
Defense Authorization Act
of 1994 (Gays in
Military).
H. Res. 293 (H. Rpt. 103-328). H. Con. Res. 170, Removal
of Armed Forces from
Somalia (Substitutes).
H. Res. 336 (H. Rpt. 103-416). H.R. 3759, Emergency
Supplemental
Appropriations (Spending
Cuts).
H. Res. 484 (H. Rpt. 103-614). H.R. 4604, Budget Control
Act of 1994 (Substitutes,
entitlements).
Two amendments passed: (2)
H. Res. 254 (H. Rpt. 103-252). H.R. 2401, Department of
Defense Authorization Act
of 1994 (Gays in
Military).
H. Res. 293 (H. Rpt. 103-328). H. Con. Res. 170, Removal
of Armed Forces from
Somalia (Substitutes).
Two amendments passed, but favored position did not get most votes
(0).
*Note: In two instances, the rule passed but KOH procedure was not
used (H. Res. 429--one of two designated amendments was not offered; H.
Res. 474--bill was not considered).
104TH CONGRESS
All amendments offered failed--(1):
H. Res. 116 (H. Rpt. 104-4) H.J. Res. 73,
Constitutional Amendment
on Term Limits
(Substitutes).
Most votes passed--(2):
Last amendment passed:
H. Res. 119 (H. Rpt. 104-85) H.R. 4, Personal
Responsibility Act
(Substitutes).
Two amendments passed:
H. Res. 44 (H. Rpt. 104-4) H. Con. Res. 17,
Constitutional Amendment
on Balanced Budget
(Substitutes). Last
amendment passed.
Joe Moakley.
Anthony Beilenson.
Martin Frost.
Tony P. Hall.