[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]
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 clause 2 of rule XV after the measure has been pending in
committee for more than 30 legislative days. Manual Sec. 892;
see Sec. 2, infra.
The motion to discharge the Committee on Rules from a
resolution proposing a special order of business for
consideration of certain public bills or resolutions under
clause 2 of rule XV after the special order of business has
been pending before it for seven legislative days. Manual
Sec. 892; see Sec. 3, infra.
The motion to suspend the rules available under clause 1 of
rule XV pursuant to a vote of two-thirds of the Members. Manual
Sec. 885.
Note: The motion to suspend the rules may be applied to unreported
measures. 8 Cannon Sec. 3421; see generally Suspension of Rules.
The Speaker's referral under clause 2 of rule XII of a measure
pursuant to time limits that result in the discharge of the
measure from committee at the end of the designated time.
Manual Sec. 816.
A unanimous-consent request agreed to by the House (the
procedure does not apply 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 chair and ranking minority member of the
committee considering the measure and the majority and minority floor
leadership. See 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. For the discharge of vetoed
bills, see Sec. 8, infra; for discharge pursuant to statute, see
Sec. 9, infra.
Sec. 2 . The Discharge Rule; Motions to Discharge
Generally
Under clause 2 of rule XV, 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 (or to discharge a
special order of business for the consideration of such bill or
resolution from the Committee on Rules if such special order has been
referred to the committee for seven legislative days). Manual
Sec. 892. The word ``days'' has been construed to mean legislative
days and has been so recodified in clause 2 of rule XV. 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 clause 2 of rule XV, when
the requisite number of signatures are obtained (a majority of the
total membership--that is, 218 Members, regardless of the current
whole number of the House), 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 immediately considered and debated for 20 minutes,
one-half in favor and one-half in opposition. If the motion prevails
on a public bill or joint resolution, it is in order to move to
proceed to consider the discharged measure. See Sec. 6, infra. If the
motion to discharge prevails on a special order of business, the House
proceeds to immediate consideration of the rule (mooting the
possibility of a motion to reconsider) without the need for any Member
to call up the discharged special order. 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
signatories a matter of public record on the last legislative day of
each week, and they are available for public inspection in the Clerk's
office. Manual Sec. 892.
Reoffering of Motion
Under clause 2 of rule XV, 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 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. Manual
Sec. 892; Deschler Ch 18 Sec. 1.13.
Application to Special Orders of Business From the Committee on Rules
Under the modern practice, the rule is often invoked to discharge
the Committee on Rules from the consideration of a resolution
specified in clause 2(b)(1)(B) of rule XV. Such a resolution would
enable consideration of a public bill or public resolution that has
either been reported by a committee or has been referred to a
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 order of business making in order a
balanced budget constitutional amendment received the requisite number
of signatures on two occasions. 102-2, May 20, 1992, p 12222; 103-2,
Feb. 24, 1994, p 2999. In the 107th Congress, a special order for the
consideration of a campaign finance reform bill was successfully
discharged (107-2, Jan. 24, 2002, p 145) and in the 114th Congress, a
special order for the consideration of an Export-Import Bank
reauthorization bill was similarly discharged (114-1, Oct. 26, 2015,
p__). However, there have also been instances where the object of the
discharge motion was the measure itself, rather than a special order
for consideration of such measure. 96-1, July 24, 1979, p 20358.
The motion applies only to special orders of business 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) or providing for
consideration of a Senate bill at the Speaker's table.
Since the 105th Congress, clause 2(b)(2) of rule XV has required
that a special order of business 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 clause 2 of rule XV is
subject to the following timetable:
Expiration of 30 legislative days after the measure is
referred to committee and, if applicable, the concurrent
expiration of seven legislative days after a special order of
business is referred to the Committee on Rules. Sec. 2, supra.
Obtaining the required 218 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 218 Members, regardless of the actual majority of the
House. Deschler Ch 18 Sec. 1.2. Neither Delegates nor the Resident
Commissioner may sign a discharge petition, even by unanimous consent.
108-1, Oct. 1, 2003, p 23853. This numerical 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 such
individual's signature. Deschler Ch 18 Sec. 1.5. To enable a Member
elected in a special election to sign a petition, the signature of the
predecessor must be removed by the successor. Manual Sec. 892;
Deschler Ch 18 Sec. 1.4.
Clause 2 of rule XV requires the preparation of daily cumulative
lists of the names of those signing the petition. Such lists must be
made available for public inspection. In the 112th Congress, an
amendment to the rule clarified that the signatories to a discharge
petition are to be made public (rather than the signatures
themselves). 112-1, Jan. 5, 2011, p 80. It is not a proper
parliamentary inquiry to ask the Chair which Members have signed a
discharge petition, as Members may inspect the petition themselves.
113-2, Apr. 8, 2014, p__.
Additional signatures are not admitted after the requisite number
have been affixed. Deschler Ch 18 Sec. 1.4. Under clause 2 of rule XV,
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 has the discretion to recognize Members for
one-minute speeches by unanimous consent. Deschler Ch 18 Sec. 3.8;
114-1, Oct. 26, 2015, p__.
Sec. 6 . --Calling Up and Debating the Motion
Generally
Under clause 2 of rule XV, a motion to discharge that has been on
the Discharge Calendar at least seven legislative 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 motion to discharge
need not be offered immediately after the pledge of allegiance in
order to be privileged. 114-1, Oct. 26, 2015, p__. 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 have signed the discharge
petition. Deschler Ch 18 Sec. 3.6.
Intervening Motions
Clause 2 of rule XV does not permit intervening motions except for
one motion to adjourn, which may be made at any time while the motion
to discharge is pending. 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; see also 96-1,
July 24, 1979, p 20358; 103-2, Mar. 11, 1994, p 4772.
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 a 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 chair 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 that 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.
Form
Member: M_. 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
M_. Speaker, pursuant to clause 2 of rule XV, 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 gentle___ sign the petition?
Member: I did, M_. Speaker.
Speaker: The gentle___ 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 gentle___ from _____ will control ten minutes in
favor of the motion, and the gentle___ from _____ will control ten
minutes in opposition. The gentle___ from _____ [proponent of the
motion] is recognized.
Speaker: The time of the gentle___ 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.
Sec. 7 . --Consideration of Discharged Measure; Forms
Motion to Consider the Discharged Measure
Under clause 2(e)(2) of rule XV, following agreement to a motion
to discharge a public bill or resolution 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, many discharge motions
propose to discharge the Committee on Rules from further consideration
of a resolution pending before that committee. Under clause 2(e)(1) of
rule XV, if that motion is adopted, the House immediately considers
the resolution. During such consideration, the Speaker may not
entertain any dilatory or other intervening motion except one motion
to adjourn. Deschler Ch 18 Sec. 4. If the previous question is
defeated, then the prohibition on dilatory motions no longer applies
and amendments to the resolution would be in order. 114-1, Oct. 26,
2015, p__; Manual Sec. 892. Pursuant to clause 8 of rule XX, the Chair
may postpone the vote on ordering the previous question on the
discharged resolution, such that consideration of the underlying
measure takes place on a non-discharge day. 114-1, Oct. 27, 2015, p__.
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 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 of business discharged from the Committee on Rules under
this procedure normally specifies the procedures under which the
underlying bill is to be considered.
Under clause 2 of rule XV, 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 clause 4 of rule XXI--interdicting
provisions containing appropriations not reported by the Committee on
Appropriations--does not apply to an appropriation in a bill that has
been the object of a successful motion to discharge. Manual Sec. 892;
7 Cannon Sec. 1019a.
A special order of business having been discharged pursuant to the
rule, the House immediately proceeds to the consideration of the
special order and the Chair will recognize the proponent of the motion
under the hour rule. 114-1, Oct. 26, 2015, p__.
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; 114-2, Dec. 6, 2016,
p__. 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 a contested
election. See discussion in 8 Cannon Sec. 2316; see generally
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.