File #3473: "DI-1282_ref.pdf"

Text

REPUBLICAN BROKEN PROMISES
from the House Rules Committee Democrats:
"We very specifically made the decision early on in our Contract
with America that we would bring up all ten bills under open
rules."
Speaker-elect Newt Gingrich told reporters November 11, 1994
Roll Call, February 13, 1995
'Chairman' Solomon Says He Plans to Grant Open Rules on 75 Percent
of Bills Next Year
Roll Call, November 28, 1994

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________________________________________________________ _
APPLYING REPUBLICAN DEFINITIONS
TO REPUBLICAN RULES IN 104TH CONGRESS
REPUBLICANS PROMISED

REPUBLICANS DELIVERED

Number
of rules

Percent
of total

Number
of rules

Percent
of total

Open

21

70%

7

23%

Restrictive

9

30%

23

76%

APPLYING REPUBLICAN DEFINITIONS
TO REPUBLICAN RULES ON CONTRACT ITEMS
REPUBLICANS PROMISED

REPUBLICANS DELIVERED

Number
of rules

Percent
of total

Number
of rules

Percent
of total

Open

24

100%

8

33%

Restrictive

0

0%

16

66%

In the 103rd Congress, Republicans defined restrictive rules as
follows:
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.

TALKING POINTS ON FLOOR PROCEDURE IN THE
104TH CONGRESS
FROM THE HOUSE RULES COMMITTEE DEMOCRATS

** In the

103rd Congress the Republicans defined restrictive rules as

follows:
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 Com1nittee of the Whole
However, in the 104th Congress the Republicans have changed their
math. Now modified open rules are put into the "non-restrictive"
column when they present their tables.

** Using the Republican scoring method, bills in this Congress have
been considered under a restrictive process 74% of the time and under
an open process only 26% of the time. On Contract legislation the
Republicans have used a restrictive process 67% of the time and an
open one just 33% of the time.

** Not included in this chart are three bills which should have been
placed on the Suspension Calendar (they were in the 103rd Congress)
which were brought up under open rules.

** They were not included because the Democrats, when in the
majority, would not bring non-controversial Suspension Calendar bills
before the House under special rules.

** In this Congress when these bills were considered, no amendments
were offered and only one required a recorded vote which was 427-01 (H.R. 400).

** The bills are H.R. 101, R.R. 400 and R.R. 440.

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•••

•••'-'

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BILL#

TITLE

RESOLUTION#

PROCESS USED FOR FLOOR
CONSIDERATION

AMENDMENTS IN ORDER

H.R. 1
•CONTRACT•

Compliance

H.Res. 6

Closed

None

H.Res. 6

Opening Day Rules Package

H.Res. 5

Closed; contained a closed rule on H.R. 1
within the closed rule

None

H.R. 5

Unfunded Mandates

H.Res. 38

Restrictive; Motion adopted over Democratic
objection in the Committee of the Whole to
limit_ debate on section 4; Pre-printing gets
preference

NIA

HJ.Res. 2
• CONTRACT•

Balanced Budget

H.Res. 44

Restrictive; only certain substitutes

2R;4D

H.Res. 43

Committee Hearings Scheduling

H.Res. 43 (OJ)

Restrictive; considered in House no
amendments

NIA

H.R. 2
• CONIRACT•

Line Item Veto

H.Res. 55

Open; Pre-printing gets preference

NIA

H.R. 665
• CONIRACT•

Victim Restitution Act of 1995

H.Res. 61

Open; Pre-printing gets preference

NIA

H.R. 666
• CONIRACT•

Exclusionary Rule Refonn Act of
1995

H.Res. 60

Open; Pre-printing gets preference

NIA

H.R. 667
• CONTRACT•

Violent Criminal Incarceration Act of
1995

H.Res. 63

Restrictive; 10hr. Time Cap on amendments

NIA

H.R. 668
• CONTRACT•

The Criminal Alien Deportation
Improvement Act

H.Res. 69

Open; Pre-printing gets preference; Contains
self-executing provision

NIA

H.R. 728

H.Res. 79

Restrictive; 10 hr. Time Cap on amendments;
Pre-printing gets preference

NIA

• CONTRACT•

Local Government Law Enforcement
Block Grants

H.R. 7

National Security Revitalization Act

H.Res. 83

Restrictive; 10 hr. Time Cap on amendments;
Pre-printing gets preference

NIA

Death Penalty/Habeas

NIA

Restrictive; brought up under UC with a 6 hr.
time cap on amendments

NIA

S.2

Senate Compliance

NIA

Closed; Put on suspension calendar over
Democratic objection

None

H.R. 831

To Pennanently Extend the Health
Insurance Deduction for the SelfEmployed

H.Res. 88

• CON1RACT •

• CONTRACT•

H.R. 729
• CONTRACT•

Restrictive; makes in order only the Gibbons
amendment; waives all points of order;
Contains self-executing provision

10

--,

The Paperwork Reduction Act

H.Res. 91

H.R. 889

Emergency Supplemental/Rescinding
Certain Budget Authority

H.Res. 92

Restrictive; makes in order only the Obey
substitute

lD

H.R. 450
•CONTRACT*

Regulatory Moratorium

H.Res. 93

Restrictive; 10hr. Time Cap on amendments;
Pre-printing gets preference

NIA

H.R. 1022
* CONTRACT*

Risk Assessment

H.Res. 96

Restrictive; 10hr. Time Cap on amendments

NIA

H.R. 926
•CONTRACT*

Regulatory Flexibility

H.Res. 100

Open

NIA

H.R. 925
• CONTRACT*

Private Property Protection Act

H.Res. 101

Restrictive; 12hr. time cap on amendments;
Re.quires 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.

lD

H.R. 1058
•CONTRACT•

Securities Litigation Reform Act

H.Res. 105

Restrictive; 8 hr. ti.me cap on amendments;
Pre-printing gets preference; Makes in order the
Wyden amendment and waives gennaness
against it.

ID

H.R. 988
•CONTRACT*

The Attorney Accountability Act of
1995

H.Res. 104

Restrictive; 7 hr. time cap on amendments;
Pre-printing gets preference.

NIA

H.R. 956
•CONTRACT•

Product Liability and Legal Reform
Act

H.Res. 109

Restrictive; makes in order only 15 gennane
amendments and denies 64 germane
amendments from being considered.

SD; 7R

H.R. 1158

Making Emergency Supplemental
Appropriations and Rescissions

H.Res. 115

Restrictive; Combines emergency H.R. 1158
& nonemergency 1159 and strikes the abortion
provision; makes in order only pre-printed

NIA

H.R. 830
• CONTRACT*

Open

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.

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HJ.Res. 73
• CON1'RACT •

Tenn Limits

H.Rcs. 116

Restrictive; Makes in order only 4
amendments considered under a "Queen of the
Hill" procedure and denies 21 germane
amendments from being considered.

lD; 3R

H.R. 4
•CONTRACT•

Welfare Refonn

H.Res. 119

Restrictive; Makes in order only 31 perfecting
amendments and two substitutes; Denies 130
gennane 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.

5D; 26R

H.R. 1271
• CONTRACT*

Family Privacy Act

H.Res. 125

Open

NIA

H.Res. 126

Open

NIA

H.R. 660

f OrrJ,._,A< :(Housing for Older Persons Act

H.R. 1215
• CONTRACT*

The Contract With America Tax
Relief Act of 1995

H.Res. 129

H.R. 483

Medicare Select Extension

H.Res. 130

Restrictive; Self Executes language that makes
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.

1D

Restrictive; waives cl 2(1)(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.

ID

tax

• Contract Bills, 67% restrictive; 33% open.
•• All legislation, 74% restrictive; 26% open.
••• 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.
•••• Not included in this chart are three bills which should have been placed on the Suspension Calendar. H.R. 101, H.R. 400, H.R. 440

SPECIAL REPORT

100DAYS ...
And Counting

Passage of Contract Bills
F

ollowing are the votes the House took on passage of
bills incorporating the "Contract With America."
Also with each vote, listed by vote number, is the president's position on the bill, when available, and a reference to the Weekly Report story about the action. (R Republicans; D - Democrats; ND - Northern Democrats; SD - Southern Democrats; I - Independent)
6. H Res 6. Rules of the House - Committee Staff
Cuts. Adopted 416-12: R 224-0; D 191-12 (ND 132-7, SD 59-5);
I 1-0, Jan. 4. (p. 13)
7. H Res 6. Rules of the House - Baseline Budgeting.
Adopted 421-6: R 225-0; D 195-6 (ND 132-5, SD 63-1); I 1-0,
Jan. 4. (p. 13)
8. H Res 6. Rules of the House - Term Limits for
Speaker and Chairmen. Adopted 355-74: R 228-0; D 127-73
(ND 80-56, SD 47-17); I 0-1, Jan. 4. (p. 13)
9. H R.~s 6. Rules of the House - Proxy Voting Ban.
Adopted 418-13: R 228-0; D 189-13 (ND 128-11, SD 61-2); I 1-0,
Jan. 4. (p. 13)

(

118. HR 668. Criminal Alien Deportation. Passed 380-20:
R 216-1; D 163-19 (ND 116-13, SD 47-6); I 1-0, Feb. 10. (p. 456)
129. HR 728. Anti-Crime Block Grants. Passed 238-192:
R 220-9; D 18-182 (ND 6-130, SD 12-52); I 0-1, Feb. 14. A "nay"
was a vote in support of the president's position. (p. 530)
145. HR 7. National Security. Passed 241-181: R 223-4; D
18-176 (ND 6-130, SD 12-46); I 0-1, Feb. 16. A "nay" was a vote
in support of the president's position. (p. 535)
157. HR 830. Paperwork Reduction. Passed 418-0: R
228-0; D 189-0 (ND 131-0, SD 58-0); I 1-0, Feb. 22. A "yea" was
a vote in support of the president's position. (p. 608)

'

174. HR 450. Regulatory Moratorium. Passed 276-146:
R 225-2; D 51-143 (ND 20-115, SD 31-28); I 0-1, Feb. 24. A
"nay" was a vote in support of the president's position. (p. 610)
183. HR 1022. Risk Assessment. Passed 286-141: R 2262; D 60-138 (ND 23-113, SD 37-25); I 0-1, Feb. 28. A "nay" was
a vote in support of the president's position. (p. 679)
187. HR 926. Regulatory Overhaul. Passed 415-15: R
228-0; D 186-15 (ND 127-11, SD 59-4); I 1-0, March l..(p. 679)
~

10. H Res 6. Rules of the House - Open Committee
Meetings. Adopted 431-0: R 227-0; D 203-0 (ND 139-0, SD 640); I 1-0, Jan. 4. (p. 13)

197. HR 925. Private Property Rights. Passed 277-148: R
205-23; D 72-124 (ND 33-103, SD 39-21); I 0-1, March 3. A "nay"
was a vote in support of the president's position. (pp. 680, 679)

-11. H Res 6. Rules of the House - Tax Increase
Limitation. Adopted 279-152: R 227-0; D 52-151 (ND 23-116,
SD 29-35); I 0-1, Jan. 4. (p. 1.'3)

199. HR 9. Omnibus Regulatory Overhaul. Passed 277141: R 219-8; D 58-132 (ND 23-110, SD 35-22); I 0-1, March 3. A
"nay" was a vote in support o_f the president's position. (p. 679)r

12. H Res 6. Rules of the House - House Audit.
Adopted 430-1: R 228-0; D 201-1 (ND 138-1, SD 63-0); I 1-0,
Jan. 4. (p. 13)

207. HR 988. Civil Litigation. Passed 232-193: R 216-11;
D 16-181 (ND 4-133, SD 12-48); I 0-1, March 7. (p. 745)

15. HR 1. Congressional Compliance. Passed 429-0: R
229-0; D 199-0 (ND 137-0, SD 63-0); I 1-0, Jan. 5. (p. 16)
51. H J Res 1. Balanced-Budget Constitutional
Amendment. Passed 300-132: R 228-2; D 72-129 (ND 34-105,
SD 38-24); I 0-1, Jan. 26. A "nay" was a vote in support of the
president's position. (p. 266)
83. HR 5. Unfunded Mandates. Passed 360-74: R 230-0; D
130-73 (ND 79-60, SD 51-13); I 0-1, Feb. 1. (p. 361)
95. HR 2. Line-Item Veto. Passed 294-134: R 223-4; D 71129 (ND 44-94, SD 27-35); I 0-1, Feb. 6. (p. 441)
97. HR 665. Victim Restitution. Passed 431-0: R 229-0; D
201-0 (ND 139-0, SD 62-0); I 1-0, Feb. 7. A "yea" was a vote in
support of the president's position. (p. 455)
103. HR 666. Exclusionary Rule. Passed 289-142: R 2207; D 69-134 (ND 36-103, SD 33-31); I 0-1, Feb. 8. A "nay" was a
vote in support of the president's position. (p. 455)

216. HR 1058. Securities Litigation. Passed 325-99: R
226-0; D 99-98 (ND 57-80, SD 42-18); I 0-1, March 8. (p. 744)
229. HR 956. Product Liability. Passed 265-161: R 220-6;
D 45-154 (ND 18-120, SD 27-34); I 0-1, March 10. (p. 744)
269. HR 4. Welfare Overhaul. Passed 234-199: R 225-5; D
9-193 (ND 3-135, SD 6-58); I 0-1, March 24. A "nay" was a vote
in support of the president's position. (p. 872)
277. HJ Res 73. Term Limits Constitutional Amendment. Rejected 227-204: R 189-40; D 38-163 (ND 22-117, SD 1646); I 0-1, March 29. A two-thirds majority vote of those present
and voting (288 in this case) is required to pass a joint resolution
proposing an amendment to the Constitution. (p. 918)

283. HR 1240. Child Sex Crimes Prevention. Passed 4170: R 225-0; D 191-0 (ND 132-0, SD 59-0); I 1-0, April 4. A "yea" was
a vote in support of the president's position. (p. 1030)
287. HR 1271. Family Privacy Protection. Passed 418-7:
R 225-0; D 192-7 (ND 132-4, SD 60-3); I 1-0, April 4. (p. 1030)

109. HR 729. Death Penalty Appeals. Passed 297-132: R
226-1; D 71-130 (ND 34-103, SD 37-27); I 0-1, Feb. 8. (p. 456)

295. HR 1215. Tax and Spending Cuts. Passed 246-188: R
219-11; D 27-176 (ND9-130, SD 18-46); I 0-1, April 5, 1995. A "nay"
was a vote in support of the president's position. (p. 1010)

117. HR 667. Prison Construction. Passed 265-156: R
206-20; D 59-135 (ND 28-106, SD 31-29); I 0-1, Feb. 10. A "nay"
was a vote in support of the president's position. (p. 456)

297. HR 660. Senior Citizens' Housing. Passed 424-5: R
228-0; D 195-5 (ND 136-2, SD 59-3); I 1-0, April 6. (p. 1030)

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THE AMENDMENT PROCESS UNDER SPECIAL RULES
REPORTED BY THE RULES COMMITTEE, 1
193RD CONGRESS V. 104TH CONGRESS
(As of April 5. 1995)

Rule Tvpe

'

103rd Congress

104th Congress

Number Percent

Number

of rules

of rules

Percent
of total

of total

Open/M:odified-open2

46

44%

21

49

47%

8

9

9%

0

0%

TOTALS:

104

100%

29

100%

I

28%

Closed4

I

72%

Modified Closed3

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1

This table applies only to rules which provide for the original consideration of bills. joint
resolutions or budget resolutions and which provide for an amendment process. It does not apply
to special rules which only waive points of order against appropriations bills which are already
privileged and are considered under an open amendment process under House rules.

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2

An open rule is one under which any Member may offer a gennane ame.ndment under the
five-minute rule. A modified open rule is one under which any Member may offer a gennane
amendment under the five·minute rule subject only to an overall time limit on the ameng.ment
process and/or a requirement that the amendment be pre·printed in the Congressional Record.
3

A 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 preclude amendments to a particular portion of a
bill, even though the rest of the bill may be completely open to amendment.
4

A closed rule is one under which no amendments may be offered (other than amendments
recommended by the committee in reporting the bill).

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SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS
(As of April S, 199S)
H. Res. No~ Ru!e TY.Re
(Date rept.)

_)-..•

ROLL CALL NH-:SF'HPER

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I

H. Res. 38
·_.(1/18/95)

0

Bill No.

Subject

Disposition.
of Rule

H.R. 5 --Unfunded Mandate Reform

A: 350-71
(1/19/95)

MC

H. Con. Res. 17- Social Security
H.J. Res. 1 • Balanced Budget Amndt

A: 255-172
(1/25/95)

H. Res. 51
(1/31/95)

0

H.R. 101 - Land Transfer, Taos Pueblo
Indians

A: voice vote
((2/1/95)

'j.

H. Res. 52
(1/31/95)

0

H.R. 400 - Land Exchange, Arctic Nat'l.
Park & Preserve

A: voice vote
(2/1/95)

I

H. Res. 53 ·
(1/31/95)

0

H.R. 440 - Land Conveyance. Butte
County. Calif.

A: voice vote
(2/1/95)

H. Res. 55

0

H.R. 2 - Line Item Veto

A: voice vote
(2/2/95)

H. Res. 60
(2/6/95)

0

H.R. 665 - Victim Restitution

H. Res. 61

0

H. Res. 44

(1/24/95)

(2/1/95)

I

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I:

A: voice vote

'

(2n/9S)

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H.R. 666 • Exclusionary Rule Reform

(2/6/95)

H. Res. 63

it

A: voice vote

(2n/9s)

MO

H.R. 667 - Violent Criminal Incarceration

(2/8/95)

A: voice vote
(2/9/95)

H. Res. 69
(2/9/95)

0

· H. Res. 79

MO

H.R. 728 • Law Enforcement Block Grants

MO

H.R. 7 • National Security Revitalization

PQ: 229·100;
A:227-127
(2/15/95)

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(

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A: voice vote
(2/10/95)

H. Res. 83



..(2/10/95)

H.R. 668 - Criminal Alien Deportation

A: voice vote

(2/10/95)

1:.
1.:
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Ii:

~2/13/95)

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H. Res. 88

MC

H.R. 831 · Health Insurance Deductibility

PQ: 230-191
A: 229-188
('1./21/95)

H.R. 830 - Paperwork Reduction Act

A: voice vote

('2/16/95)
H. Res. 91

0

(2/21/95)
H. Res. 92
(2121/95)

(2/22/95)

MC

H.R. 889 - Defense Supplemental

A:282-144

(2/22/95)

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H. Res. No. Rule Type

Bill No.

Sublect

{Date rept.)

Disposition
of Rule

H. Res. 93
.(2/22/95)

MO

H.R. 450 - Regulatory Transition Act

A: 252-175
(2/~3/95)

H. Res. 96

MO

H.R. 1022 - Risk Assessment

A: 253-165

.(2/34/95)

(2/27/95)

H. Res. 100
(2/27/95)

0

H.R. 926 - Regulatory Refonn & Relief Act

A: voice vote
(2/28/95)

H. Res. 101
~2/28/95)

MO

H.R. 925 - Private Property Protection Act

A: 271-151

H. Res. 104
(3/3/95)

MO

H.R. 988 - Attorney Accountability Act

H. Res. 103

MO

H.R. 1058 - Securities Litigation Refonn

(3/3/95)
H Res. 105

MO

(3/1/95)

A: 257-155
(3n/9S)

(3/6/95)
H. Res. 108
(3/6/9S)
H. Res. 109

Debate

A: voice vote
(3/6/95)

H.R 956 - Product Liability Reform

A: voice vote

(3/8/95)
PQ: 234-191

MC

(3/8/95)

A: 247-181
(3/9/95)

H. Res. 11.S
(3/14/95)

H.Res. 116
(3/15/95)

MO

H.R. 1158 - Making Emergency Supp. Approps.

A: 242-190
(3/15/95)

MC

H.J.Res. 73 - Tenn LirnitS Const. AmdmL

A: voice vote
(3/28/95)

H.Res. 117
(3/16/95)

Debate

H.R. 4 - Personal Responsibility Act of 1995

A: voice vote
(3/21/95)

H.Res. 119

MC

~

A: 217-211
(3/22/95)

(3/21/95)

H.Res. 125
(4/3/95)

0

H.R. 1271 - Family Privacy Protection Act

H.Res. 126
(4/3/95)

0

H.R. 660 - Older Persons Housin£ Act
...

A: 423-1
(4/4/95)

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H. Res. No. Rule Tvpe

Bill No.

Subject

(Date rept.)

H.Res. 128

of Rule

MC

(4/4/95)

H.Res. 130
(4/S/95)

Dispositio!l

H.R. 1215 • Contract With America Tax Relief
Act of 1995

MC

A: 228-204
(4/5/95)

H.R. 483 - Medicare Select Expansion

Codes: 0-open; MO-modified open; MC-modified closed: C-<;losed: A-adoption vote: PQ-previous question vote.

Source: Notices of Action Taken. Committee on Rules. 104th Congress

'We very specifically made the decision early on
in our Contract with America that we would bring
up all ten bills under open rules."
Speaker-elect Newt Gingrich told reporters
November 11, 1994
Roll Call, February 13, 1995

'Chairman' Solomon Says He Plans to Grant Open
Rules on 75 Percent of Bills Next Year
Roll Call, November 28, 1994