CQ TODAY PRINT EDITION
Updated Jan. 2, 2009 – 4:36 p.m.
House Rules Package Could Curb Minority’s Power, End Term Limits for Chairmen
By Alan K. Ota, CQ Staff
An early partisan skirmish is likely in the House next week, when Speaker Nancy Pelosi is expected to move a rules package that would curb the GOP’s ability to derail legislation through a parliamentary maneuver it has used over the past two years.
Democrats may also end the current three-term limit for committee chairmen — a limit adopted by Republicans when they took over the House in 1995 and retained in the House rules adopted by Democrats when they regained the majority in the 110th Congress.
A senior House Democratic aide said Pelosi was expected to discuss the two proposed rules changes with Democrats on Monday and had not made a final decision on moving them.
Still, Democratic leaders are taking a hard look at preventing the minority party from scoring easy political points with motions to recommit a bill to committee with instructions to make contentious language changes and then report it back to the House “promptly.” In the outgoing Congress, “promptly’’ has meant an indefinite hold, because committees were not willing to adopt poison-pill amendments sponsored by the minority.
Most motions to recommit require instead that an amended bill be returned to the floor “forthwith,” which means within minutes.
GOP aides complain that the possible limit motions to recommit would take away the minority’s ability to attack tax increases in must-pass bills. That’s because the pay-as-you-go budget rule, which is likely to be renewed, does not allow amendments or motions to recommit forthwith that would remove any of the offsets it requires in legislation.
The pay-as-you-go rule requires that all new entitlement spending or new tax cuts be offset with equivalent spending cuts or tax increases elsewhere.
Democratic aides said the proposed change was not intended to protect tax increases from attack, but rather to prevent the GOP from tying up bills with motions that do not state their true intent — to kill popular legislation. In any case, they said Republicans would retain the right to offer two other motions to recommit — either without instructions for policy changes, or with instructions to make changes forthwith, or immediately, as the bill stays on the floor and moves to passage with revisions.
“Republicans will still get a chance to make motions to recommit. But they would not be allowed to just kill bills in a way that was never intended,” said one Democratic aide.
Democrats have been infuriated by the GOP’s use of motions to recommit to promote unrelated legislation, while stalling popular bills in the 110th Congress. For example, Democrats were forced to pull back a reauthorization of the AmeriCorps volunteer program (
Democrats succeeded in having ruled out of order as non-germane a GOP motion to recommit the bill to the Education and Labor Committee for the immediate insertion of the GOP version of the electronic surveillance overhaul (
Dingell Ouster Cited
Democratic aides said the three-term limit on committee chairmen is no longer needed because the recent ouster of Energy and Commerce Chairmen John D. Dingell , D-Mich., made clear that gavels can be lost at any time, if chairmen lose support from the leadership and rank-and-file members. Dingell will be succeeded by a staunch Pelosi ally, Henry A. Waxman , D-Calif., in the new Congress.
Opponents of term limits complained that they can lead to the loss of valuable experience and expertise when chairmen are forced to step aside.
But Republicans say that the three-term limit on gavels was an important reform that ensured committees would no longer become the fiefdoms of powerful chairmen sometimes operating at odds with their party’s leadership.
“These Republican reforms were aimed at helping restore the faith and trust of the American people in their government. President-elect Obama campaigned on a message of “change,” but repealing these reforms would simply revert back to the undemocratic one-party rule and backroom deals that the American people rejected more than a decade ago,” said Kevin Smith, a spokesman for Minority Leader John A. Boehner , R-Ohio. Boehner was one of the originators of the term limits for chairmen, which was part of the GOP’s Contract with America platform in the 1994 election.
First posted Jan. 2, 2009 2:29 p.m.




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