House Rules Precedents
Democrats are giving more signals today that they plan to avoid a direct vote in the House on a Senate passed health care bill. The following historical rundown was sent to reporters this morning about the parliamentary precedents involved.
Not to get too technical, but the basics here are that the House would use a "self-executing" rule to automatically approve the Senate health bill, which is actually a Senate Amendment to the bill H.R. 3590.
As you will see in the document below, Democrats argue this type of treatment for a Senate Amendment to a House bill is not a new procedure, and that it has been used by both parties over the years (the first time in 1933).
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Special Rules Providing for Adoption of a
Measure
The precedent of having one vote to adopt a resolution and at the same time concur in Senate amendments to a bill
set back in 1933 ; however that is not the only
example of its use.
Deschler's Precedents
Citation
Precedent
Vol. 6 Chap. 21 sec. 27.19
(H. Res. 63) March 16, 1933
of the U.S. Government.
Text of H. Res. 63:
Resolved , That immediately upon
the adoption
of this resolution the bill H.R.
2820, with Senate amendments thereto,
amendments be, and the same are hereby, agreed to.
Floor Debate:
SNELL [R-NY]: Mr. Speaker, a parliamentary inquiry.
Rainey, D-IL]: The gentleman will state it.
Speaker, it would seem to me that if we adopt this resolution that ends the bill and
there is no
further vote on the bill itself.
is correct.
understood the gentleman from Alabama to say that we would then vote for or against the bill.
MCDUFFIE [D-AL]: No; the gentleman from Alabama was mistaken.
adopt this resolution, we pass the bill.
have then concurred in the Senate amendment, and, therefore, the bill is passed, so far as
concerned.
there is no other vote on the bill.
other vote on the bill, as I understand it.
is correct.
Vol. 6 Chap. 21 sec. 27.16
(H. Res. 510) March 24, 1948
income tax payments, and for other purposes.
Text of H. Res. 510:
Resolved , That immediately upon the adoption
of this resolution the bill (H.R. 4790) to reduce individual income tax
payments, and for other purposes, with Senate amendments thereto, be, and the
same is hereby, taken from the Speaker's table to the end that all Senate
amendments be, and the same are hereby, agreed to.
Floor Debate:
Mr. [Sam] Rayburn [D-TX]: Mr. Speaker, a parliamentary inquiry.
The Speaker [Joseph W. Martin Jr. R-MA]: The gentleman will state it.
Mr. Rayburn: As I understand the parliamentary situation, Mr. Speaker, there is
to be one vote only; and if the resolution is agreed to, it means that the
House concurs in the Senate amendments to the so-called Knutson bill.
The Speaker: The gentleman has stated the situation correctly.
examples of how this procedure has been used for major legislation
are:
In 1996,
Res. 391
(a rule for the "Senior Citizens' Right to Work Act"), included a provision
to
consider the conference report to accompany S. 4 (the "Line Item Veto Act") as
adopted
upon receiving a message informing it that the Senate has adopted the
conference report. (104th Congress)
In 1993,
Res. 71
(a rule for H.R. 1, "The Family Medical Leave Act"), considered the
Senate amendment to H.R. 1 adopted upon adoption of the rule. (103rd
Congress)
a list of legislation passing under similar procedures.
Additional Rules Providing for Adoption of a Measure upon the Adoption of a Rule
101st
through 111th Congress
Congress Res. Number
Title Measure Deemed as
Passed
the Senate amendment to the joint resolution (H.J. Res. 45) increasing the
statutory limit on the public debt. H. J. Res. 45 (The rule provided that the
question of adoption of the motion be divided between concurring in the matter
preceding title I of the Senate amendment (Raising
the Debt Limit) and
concurring in the matter comprising titles I and II of the Senate amendment
(Pay-As-You-Go Act and Elimination of Duplicative and Wasteful Spending). The
first portion of the divided question considered as adopted once the rule
passed).
the resolution (H. Res. 979) recommending that the House of Representatives
find Harriet Miers and Joshua Bolten, Chief of Staff, White House, in contempt
of Congress for refusal to comply with subpoenas duly issued by the Committee
on the Judiciary and for the adoption of the resolution (H. Res. 980)
authorizing the Committee on the Judiciary to initiate or intervene in judicial
proceedings to enforce certain subpoenas. H. Res. 979 (Recommending that the House of
Representatives find Harriet Miers and Joshua Bolten, Chief of Staff, White
House, in contempt of Congress for refusal to comply with subpoenas duly issued
by the Committee on the Judiciary).
H. Res. 980
(Authorizing the Committee on the Judiciary to initiate or intervene in judicial proceedings to enforce certain subpoenas).
resolution (H. Res. 895) establishing within the House of Representatives an
Office of Congressional Ethics, and for other purposes. H. Res. 895 - Establishing within the House of Representatives an
Office of Congressional Ethics, and for other purposes. (This resolution was amended
by the rule; see the amendment and summary in H.Rept. 110-547 pages 2-5).
the resolution (H. Res. 571) expressing the sense of the House of
Representatives that the deployment of United States forces in Iraq be
terminated immediately and providing for consideration [adoption] of the
concurrent resolution (H.
Con. Res. 308) directing the Clerk of the House of Representatives to make a
technical correction in the enrollment of H.R. 3058.
NOTE: H. Res. 572 Provided for consideration of H. Res. 571 and the
title above mistakenly uses the word "consideration" regarding H. Con. Res.
308. H. Con. Res. 308 (to make a technical correction in
the enrollment of H.R. 3058 (Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006)).
the bill (S. 1932) to provide for reconciliation pursuant to section 202(a) of
the concurrent resolution on the budget for fiscal year 2006 (H. Con. Res. 95).
House amendment to S. 1932 (Deficit Reduction Act of 2005 -
Reconciliation).
the resolution (H. Res.
1000) providing for earmarking reform in the House of Representatives.
H. Res. 1000 - Providing for earmarking reform in the House of
Representatives.
against the conference report to accompany, and providing for corrections in
the enrollment of, the joint resolution (H.J. Res 2) making further continuing
appropriations for the fiscal year 2003, and for other purposes.
H. Con. Res. 35 (to make a technical correction to
H. J. Res. 2).
against the conference report to accompany the bill (H.R. 3194) making
appropriations for the government of the District of Columbia and other
activities chargeable in whole or in part against revenues of said District for
the fiscal year ending September 30, 2000, and for other purposes.
H. Con. Res. 234 (the Con. Res. provided for the
tabling of H.R. 2466 - Interior Appropriations Act, so that it would not be
presented to the President.)
bill were included in H.R. 3194 which became Public Law 106-113.
against the conference report to accompany the bill (H.R. 2160) making
appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year ending
September 30, 1998, and for other purposes. H. Con. Res. 167 (to make a technical correction,
fixing an error in the enrollment of H.R. 2160).
against the conference report to accompany the bill (H.R. 483) to amend title
XVIII of the Social Security Act to permit medicare select policies to be
offered in all States, and for other purposes. S. Con. Res. 19 (to make a technical correction in
the enrollment of H.R. 483).
of the Senate amendment to the joint resolution (H.J. Res. 134) making further
continuing appropriations for fiscal year 1996, and for other purposes.
H. Con. Res. 131 (This Con. Res. prohibited
the Committee on House Oversight from presenting to the President H.J. Res. 134
(continuing appropriations) until the Speaker of the House notifies such
Committee that: (1) the President has submitted to the Congress a plan to
achieve a balanced budget by FY 2002; and (2) the Director of the Congressional
Budget Office (CBO) has certified that the plan achieves a balanced budget based
on CBO economic and technical assumptions).
against the conference report to accompany the bill (H.R. 2854) to modify the
operation of certain agricultural programs.
S. Con. Res. 49 (makes technical corrections in the
enrollment of H.R. 2854 (agricultural program modifications)).
against the conference report to accompany the bill (H.R. 2264) to provide for
reconciliation pursuant to section 7 of the concurrent resolution on the budget
for fiscal year 1994. H. Res. 235 (Provides that specified
provisions, procedures, and points of order set forth in H.R. 2264 as passed
the House of Representatives (103d Congress) requiring a response to any
special direct spending message submitted by the President shall apply in the
House for FY 1994 through 1997.)
H. Res.
581 Waiving
points of order against the conference report to accompany, and providing for
corrections in the enrollment of, the bill (H.R. 5503) making appropriations
for the Department of the Interior and related agencies for the fiscal year
ending September 30, 1993, and for other purposes.
corrections in the enrollment of H.R. 5503 (FY 1993 appropriations for the
Department of the Interior and related agencies)).
H. Res.
583 Waiving
points of order against the conference report to accompany, and providing for
corrections in the enrollment of, the bill (H.R. 5488) making appropriations
for the Treasury Department, the United States Postal Service, the Executive
Office of the President, and certain Independent Agencies, for the fiscal year
ending September 30, 1993, and for other purposes, and against consideration of
such conference report. H.
Con. Res. 368 (Makes corrections in the enrollment of H.R. 5488 (Department of
the Treasury and related agencies appropriations)).
H. Res.
538 Waiving
certain points of order against consideration of the conference report on the
bill (S. 358) to amend the Immigration and Nationality Act to change the level,
and preference system for admission, of immigrants to the United States, and to
provide for administrative naturalization, and for other purposes, and against
its consideration. H.
Con. Res. 394 (Makes corrections in the enrollment of S. 358 (immigration
amendments) with regard to: (1) a pilot program to use drivers' licenses as
documents establishing employability and identity; and (2) excludability of
Palestine Liberation Organization officials on the grounds of terrorist
activity).
Democrats are giving more signals today that they plan to avoid a direct vote in the House on a Senate passed health care bill. The following historical rundown was sent to reporters this morning about the parliamentary precedents involved. Not to get too technical, but the basics here are that ...
