[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 19. Discharging Measures From Committees]
[From the U.S. Government Publishing Office, www.gpo.gov]
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CHAPTER 19 - DISCHARGING MEASURES FROM COMMITTEES
HOUSE PRACTICE
Sec. 1. In General; Alternative Methods
Sec. 2. The Discharge Rule; Motions to Discharge
Sec. 3. -- Application and Use; What Measures May Be Discharged
Sec. 4. -- Signatures Required
Sec. 5. -- Privilege and Precedence of Motions
Sec. 6. -- Calling Up and Debating the Motion
Sec. 7. -- Consideration of Discharged Measure; Forms
Sec. 8. Discharge of Matters Privileged Under the Constitution
Sec. 9. Discharge of Resolutions of Disapproval; Statutory Motions
Research References
7 Cannon Sec. Sec. 1007-1023
Deschler Ch 18
Manual Sec. Sec. 892, 1130
Sec. 1 . In General; Alternative Methods
There are certain procedures that effectively discharge a
committee or that may be invoked whenever a committee fails or refuses
to report a measure. These methods include:
The motion to discharge a public bill or resolution available
under rule XV clause 2 after the measure has been pending in
committee for more than 30 days. Manual Sec. 892; see Sec. 2.
A motion to discharge the Committee on Rules from a special
rule proposing a special order of business for consideration of
certain public bills or resolutions under rule XV clause 2
after the special rule has been pending before it for seven
days.
The motion to suspend the rules available under rule XV clause
1 pursuant to a vote of two-thirds of the Members. Manual
Sec. 885.
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Note: The motion to suspend the rules may be applied to unreported
measures. 8 Cannon Sec. 3421; generally, see Suspension of Rules.
The Speaker's referral under rule XII clause 2 of a bill
pursuant to time limits that result in the discharge of the
bill from committee at the end of the designated time. Manual
Sec. 816.
A resolution reported by the Committee on Rules providing for
the consideration of an unreported bill; the effect of the
resolution, if adopted, is to discharge the committee before
which the bill is pending. 5 Hinds Sec. 6771.
A unanimous-consent request agreed to by the House (the
procedure does not lie in the Committee of the Whole). 4 Hinds
Sec. 4697.
Note: Although a unanimous-consent request is within the
discretion of the Chair, the Speaker will not entertain such a request
without the consent of the chairman and ranking minority member of the
committee considering the measure and the majority and minority floor
leadership. See ``Speaker's guidelines,'' Manual Sec. 956.
A statutory procedure for discharging certain measures of
Congressional disapproval or approval. Manual Sec. 1130; 4
Hinds Sec. 4697.
As to the procedures for discharging a committee from a resolution
of inquiry, see Resolutions of Inquiry. Discharge of vetoed bills, see
Sec. 8, infra; discharge pursuant to statute, see Sec. 9, infra.
Sec. 2 . The Discharge Rule; Motions to Discharge
Generally
Under rule XV clause 2, a Member may file with the Clerk a motion
(normally called a discharge petition) to discharge a committee from
the consideration of a public bill or resolution that was referred to
the committee 30 days prior thereto. Manual Sec. 892. The word
``days'' has been construed to mean legislative days and has been so
recodified in rule XV clause 2. Deschler Ch 18 Sec. 3.1 The period of
time specified by the rule does not begin to run until the committee
is appointed or elected. 7 Cannon Sec. 1019.
The Clerk makes the petition available at the rostrum for Members
to sign while the House is in session. Under rule XV clause 2, when
the requisite number of signatures are obtained (a majority of the
total membership), the motion is entered on the Journal, printed in
the Congressional Record, and referred to the Discharge Calendar.
Deschler Ch 18 Sec. 1.3. When the motion has been on the calendar for
seven legislative days, it may be called up in the House under the
discharge rule on the second or fourth Monday of a month. The motion
is then debated for 20 minutes and voted on. If the motion prevails on
a public bill or joint resolution, it is in order
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to proceed to consider the discharged measure pursuant to a motion to
that effect. See Sec. 6, infra. If the motion prevails on a special
rule, the House proceeds to immediate consideration of the rule. See
Sec. 7, infra.
Petitions to discharge committees are filed with the Clerk and are
not presented from the floor, but Members may give notice of the
filing of such petitions, either from the floor or by letter. 7 Cannon
Sec. 1008. Once the motion has been filed, the Clerk makes the
signatures a matter of public record on the last day of each week, and
signatures are available for public inspection in the Clerk's office
on any day of the business week. Manual Sec. 892.
Reoffering of Motion
Under rule XV clause 2, when a perfected motion to discharge a
committee from the consideration of a measure has once been acted on
by the House, it is not in order to entertain during the same session
another motion for the discharge of that measure or any other bill or
resolution substantially the same as such measure.
Sec. 3 . -- Application and Use; What Measures May Be Discharged
Public Bills and Resolutions
A motion to discharge a committee from the consideration of a bill
applies to the bill as referred to the committee and not as it may
have been proposed to be amended in the committee. 7 Cannon Sec. 1015.
The motion to discharge a bill may not be entertained if the bill
against which it is directed has been reported from committee before
the motion is called up for action in the House. The filing of the
motion to discharge does not preclude the committee from reporting the
measure in question at any time before the motion is called up for
consideration. Manual Sec. 892; Deschler Ch 18 Sec. 1.13.
Application to Special Orders From the Committee on Rules
Under the modern practice, the rule is most often invoked to
discharge the Committee on Rules from the consideration of a
resolution specified in rule XV clause 2(b)(1)(B). Such a resolution
would enable consideration of a reported public bill or public
resolution that has been reported by a standing committee or has been
referred to a standing committee for 30 legislative days under terms
therein specified by the sponsor of the resolution rather than under
the general rules of the House. A petition to discharge the Committee
on Rules from consideration of a special rule making in order a
balanced budget constitutional amendment received the requisite number
of signatures on two occasions. Manual Sec. 892.
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The motion applies only to special orders that have been pending
before the Committee on Rules for at least seven legislative days.
Manual Sec. 892. Moreover, it is not in order to move to discharge the
Committee on Rules from the consideration of a resolution not
specified in the discharge rule. For example, the Committee on Rules
may not be discharged from the further consideration of a resolution
providing merely for the appointment of a committee to investigate.
Deschler Ch 18 Sec. 2.6.
Since the 105th Congress, rule XV clause 2(b)(2) has required that
a special rule subject to a discharge motion address the consideration
of only one measure and must not propose to admit or effect a
nongermane amendment.
Timetable
The discharge of a measure pursuant to rule XV clause 2 is subject
to the following timetable:
Expiration of 30 legislative days after the measure is
referred to committee and the concurrent expiration of seven
legislative days after a petition is filed against a special
order of business referred to the Committee on Rules. Sec. 2,
supra.
Requisite number of signatures. Sec. 4, infra.
Expiration of seven legislative days, which begins the day the
motion is referred to the discharge calendar. Sec. 6, infra.
Privilege of motion only on second or fourth Monday of month
following expiration of seven-day period. Sec. 6, infra.
Sec. 4 . -- Signatures Required
The requirement that a discharge motion be signed by a majority of
the Members has been interpreted to mean that the motion requires the
signatures of a majority of the entire membership (not including non-
voting Delegates who may not sign), or 218 Members. Deschler Ch 18
Sec. 1.2. This requirement is in contrast to the vote needed for
actual passage of legislation under ordinary conditions, which
requires only a majority of those present and voting, a quorum being
present. See Voting. However, a hard majority is necessary for a
discharge motion because the death or resignation of a signatory of
the motion does not invalidate his signature. Deschler Ch 18 Sec. 1.5.
To enable a Member elected in a special election to sign a petition,
the signature of his predecessor must be removed by the successor.
Manual Sec. 892; Deschler Ch 18 Sec. 1.4.
Rule XV clause 2 requires the preparation of daily cumulative
lists of the names of those signing the petition. Such lists must be
made available for public inspection.
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Additional signatures are not admitted after the requisite number
have been affixed. Deschler Ch 18 Sec. 1.4. Under rule XV clause 2, a
signature may be withdrawn by a Member in writing at any time before
the petition is signed by the requisite number and entered on the
Journal. The signing of discharge motions by proxy is not permitted. 7
Cannon Sec. 1014.
Sec. 5 . -- Privilege and Precedence of Motions
A motion to discharge a committee, when called up pursuant to the
provisions of the discharge rule, is privileged; and the Speaker may
decline to recognize for a matter not related to the proceedings. 7
Cannon Sec. 1010. Such motions take precedence over business merely
privileged under the general rules of the House. 7 Cannon Sec. 1011.
The motion takes precedence over motions to resolve into Committee of
the Whole (7 Cannon Sec. Sec. 1016, 1017), over unfinished business
(Deschler Ch 18 Sec. 3.4), and over motions to suspend the rules (7
Cannon Sec. 1018). However, prior to the consideration of a motion to
discharge, the Speaker may in his discretion recognize for one-minute
speeches by unanimous consent. Deschler Ch 18 Sec. 3.8.
Sec. 6 . -- Calling Up and Debating the Motion
Generally
Under rule XV clause 2, a motion to discharge that has been on the
Discharge Calendar at least seven days may be called up for
consideration on the second and fourth Mondays of each month except
during the last six days of a session. The consideration of such a
motion may be made in order on a day other than the specified Mondays
by unanimous consent. Deschler Ch 18 Sec. 3.5. The House may dispense
with a motion to discharge by unanimous consent and agree to consider
the underlying matter on a date certain under the same terms as if
discharged by motion. Manual Sec. 892.
To call up the motion, a Member must qualify as having signed the
discharge petition. Deschler Ch 18 Sec. 3.6.
Intervening Motions
Rule XV clause 2 does not permit intervening motions except for
one motion to adjourn. Accordingly, it has been held that when a
motion to discharge a committee is called up, it is not in order to
move to table the motion or to move to postpone consideration thereof
to a day certain. Deschler Ch 18 Sec. Sec. 3.14, 3.15.
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Debate on Motion
Debate on the motion to discharge is limited to 20 minutes--10
minutes under the control of the proponent and 10 minutes under the
control of the Member recognized in opposition. Manual Sec. 892. The
Speaker has denied recognition for requests to extend the time. 7
Cannon Sec. 1010.
The 20-minute period for debate is divided according to position
on the pending matter and not according to membership in a particular
political party. 7 Cannon Sec. 1010. The proponents of a motion to
discharge are entitled to open and close debate on the motion. 7
Cannon Sec. 1010a; Deschler Ch 18 Sec. 3.13. The chairman of the
committee being discharged, if opposed, is ordinarily recognized to
control the 10 minutes in opposition. Deschler Ch 18 Sec. 3.10.
A Member recognized to control half of the debate on the motion
may yield part of his time to another Member, but that Member may not
yield part of that time to a third Member. Deschler Ch 18
Sec. Sec. 3.11, 3.12.
Sec. 7 . -- Consideration of Discharged Measure; Forms
Motion to Consider the Discharged Measure
Under rule XV clause 2, following agreement to a motion to
discharge a measure pending before a committee, it is in order for any
Member who signed the motion to move to proceed to the immediate
consideration of that measure. Deschler Ch 18 Sec. 4.3. The motion to
consider the measure is privileged and is decided without debate.
Deschler Ch 18 Sec. 4.3. If the motion for immediate consideration is
adopted, the legislation is taken up under the general rules of the
House. Deschler Ch 18 Sec. Sec. 4.4, 4.6. Otherwise, the discharged
measure is referred to its proper calendar. Deschler Ch 18 Sec. 4.7.
Under the modern practice of the House, most discharge motions
propose to discharge the Committee on Rules from further consideration
of a resolution pending before that committee. Under rule XV clause 2,
if that motion is adopted, the House immediately considers the
resolution. The Speaker may not entertain any dilatory or other
intervening motion except one motion to adjourn. Deschler Ch 18
Sec. 4. Amendments to the resolution are not in order, unless the
previous question is not ordered. Manual Sec. 892. If the discharged
resolution is adopted, the House then considers the discharged measure
under the terms of the resolution.
Motions to Expedite Consideration; Debate
A bill having been discharged pursuant to the rule, its proponents
are entitled to recognition for allowable motions to expedite
consideration of the discharged measure. 7 Cannon Sec. 1012. Measures
requiring consideration in
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Committee of the Whole are taken up therein. 7 Cannon Sec. 1021;
Deschler Ch 18 Sec. 4.4. Where the discharged measure does not require
consideration in Committee of the Whole, the Member who offered the
motion for its immediate consideration is recognized in the House
under the hour rule. Manual Sec. 892. For example, when a joint
resolution proposing an amendment to the Constitution was considered
in the House pursuant to a motion to discharge, the proponent of the
joint resolution was recognized to control one hour of debate.
Deschler Ch 18 Sec. 4.6. However, a special order discharged from the
Committee on Rules under this procedure normally specifies all the
procedures under which the underlying bill is to be considered.
Under rule XV clause 2, the bill to which the discharge motion
applies is read by title only and may not be read in its entirety. 7
Cannon Sec. 1019a.
The point of order provided by rule XXI clause 4--interdicting
provisions containing appropriations not reported by the Committee on
Appropriations--does not apply to an appropriation in a bill that has
been taken away from the committee by the motion to discharge. Manual
Sec. 892; 7 Cannon Sec. 1019a.
Form
Member: Mr. Speaker, pursuant to clause 2 of rule XV, I call up
the petition to discharge the Committee on __________ from the
further consideration of the bill, H.R. __________.
Or
Mr. Speaker, under the rule, I call up the petition to discharge
the Committee on Rules from the further consideration of the
resolution, H. Res. __________, providing for consideration of the
bill, H.R. __________.
Speaker: Did the gentleman sign the petition?
Member: I did, Mr. Speaker.
Speaker: The gentleman from __________ calls up a motion to
discharge the Committee on __________ from the further
consideration of the bill [resolution] which the Clerk will report
by title.
Speaker: The gentleman from __________ is entitled to ten minutes
in favor of the motion, and the gentleman from __________ is
entitled to ten minutes in opposition. The gentleman from
__________ [proponent of the motion] is recognized.
Speaker: The time of the gentleman has expired. All time has
expired. The question is on the motion to discharge the Committee on
__________ from further consideration of the bill (or resolution).
As many as favor the motion will say ``Aye.'' As many as are opposed
say ``No.''
Speaker: The ayes have it and the motion is agreed to. The
committee is discharged.
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Sec. 8 . Discharge of Matters Privileged Under the Constitution
Certain matters arising under the Constitution are privileged for
consideration at any time and may therefore be discharged at any time
irrespective of the requirements for petitions under the discharge
rule, subject to a two-day notice and scheduling requirement under
rule IX. Examples include propositions to discipline a Member and
impeachment resolutions. Deschler Ch 18 Sec. 5. Similarly, a motion to
discharge a committee from the further consideration of a vetoed bill
that has been returned to the House and referred back to committee by
the House presents a privileged question and is in order at any time.
Deschler Ch 18 Sec. 5.1. It is likewise in order to move to discharge
a proposition involving the right of a Member to his seat. See
discussion in 8 Cannon Sec. 2316; generally, see Questions of
Privilege.
Although a motion to discharge a committee from the consideration
of a vetoed bill is privileged and debatable, that motion is subject
to the motion to lay on the table but remains renewable on a
subsequent day. Manual Sec. 108; 4 Hinds Sec. 3532; Deschler Ch 18
Sec. 5.1.
Sec. 9 . Discharge of Resolutions of Disapproval; Statutory Motions
Congressional actions approving or disapproving certain executive
branch decisions are sometimes made subject, by statute, to automatic
discharge or to a motion to discharge after the lapse of a certain
period of time. For various examples, see Manual Sec. 1130.