Deschler's Precedents, Volume 5, Chapters 18 - 20 - § 4. Consideration of Discharged Measures

[Deschler's Precedents, Volume 5, Chapters 18 - 20]
[Chapter 18. Discharging Matters From Committees]
[§ 4. Consideration of Discharged Measures]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 3228-3232]
 
                               CHAPTER 18
 
                  Discharging Matters From Committees
 
Sec. 4. Consideration of Discharged Measures

    Procedures relative to the consideration of discharged bills and 
resolutions are delineated by provisions of the discharge 
rule.⁽²⁰⁾ Following agreement to a motion to discharge the 
Committee on Rules from further consideration of any resolution pending 
before the committee, the House immediately votes on the adoption of 
the resolution,⁽¹⁾ the Speaker not entertaining any dilatory 
or other intervening motion ⁽²⁾ except one motion to 
adjourn.
---------------------------------------------------------------------------
20. Rule XXVII clause 4, House Rules and Manual Sec. 908 (1979).
 1. See Sec. 4.1, infra.
 2. See Sec. Sec. 4.1, 4.2, infra.
---------------------------------------------------------------------------

    Should a motion prevail to discharge one of the standing committees 
of the House from any public bill or resolution pending before the 
committee, it is then in order for any Member who signed the motion to 
move to proceed to the immediate consideration thereof.⁽³⁾ 
If the motion for immediate consideration is adopted, the legislation 
is taken up under the general rules of the House.⁽⁴⁾ Where 
no motion is made providing for the measure's immediate consideration 
or should the
---------------------------------------------------------------------------
 3. See Sec. 4.3, infra.
 4. See Sec. Sec. 4.4 and 4.6, infra.
---------------------------------------------------------------------------

[[Page 3229]]

House by vote decide against its consideration, the discharged measure 
is referred to its proper calendar.⁽⁵⁾
---------------------------------------------------------------------------
 5. See Sec. 4.7, infra. 
---------------------------------------------------------------------------

Consideration of Discharged Resolutions

Sec. 4.1 Following agreement to a motion to discharge the Committee on 
    Rules from further consideration of a resolution providing a 
    special order of business, the question immediately occurs, without 
    debate or other intervening motion, on agreeing to the resolution.

    On Sept. 27, 1965,⁽⁶⁾ the House agreed to a motion 
offered by Mr. Abraham J. Multer, of New York, to discharge the 
Committee on Rules from a resolution ⁽⁷⁾ making in order the 
consideration of a certain bill.⁽⁸⁾ The resolution was then 
read to the House, whereupon, the Speaker ⁽⁹⁾ put the 
question on agreeing to the resolution. The resolution was agreed to--
yeas 223, nays 179, not voting 30.
---------------------------------------------------------------------------
 6. 111 Cong. Rec. 25180-85, 89th Cong 1st Sess. For an additional 
        example, see 91 Cong. Rec. 5896, 79th Cong. 1st Sess., June 11, 
        1945.
 7. H. Res. 515.
 8. H.R. 4644, providing for home rule for the District of Columbia.
 9. John W. McCormack (Mass.).
---------------------------------------------------------------------------

Tabling Discharged Resolutions

Sec. 4.2 It is not in order to move to lay on the table a special-order 
    resolution which had been taken from the Committee on Rules through 
    the operation of a motion to discharge.

    On June 11, 1945,⁽¹⁰⁾ during proceedings incident to the 
consideration by the House of a resolution ⁽¹¹⁾ which had, 
pursuant to Rule XXVII clause 4, been discharged from the Committee on 
Rules, Mr. John E. Rankin, of Mississippi, made a motion that the 
resolution be laid on the table. Responding to the gentleman's motion 
the Speaker ⁽¹²⁾ stated, ``Under the rule, that motion is 
not in order.''
---------------------------------------------------------------------------
10. 91 Cong. Rec. 5892-96, 79th Cong. 1st Sess.
11. H. Res. 139, providing for the consideration of the bill H.R. 7, 
        making unlawful a poll tax as a prerequisite to voting in a 
        primary or other election for national officers.
12. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

Privilege of Motion to Consider Discharged Bill

Sec. 4.3 Following adoption of a motion to discharge a stand

[[Page 3230]]

    ing committee from consideration of a public bill or resolution, 
    the motion to proceed to the immediate consideration of the 
    legislation is privileged, if made by a Member who signed the 
    discharge petition, and is decided without debate.

    On Nov. 8, 1971,⁽¹³⁾ following the adoption by the House 
of a motion ⁽¹⁴⁾ offered by Mr. Chalmers P. Wylie, of Ohio, 
to discharge the Committee on the Judiciary from further consideration 
of a House joint resolution,⁽¹⁵⁾ Mr. Wylie moved, pursuant 
to Rule XXVII clause 4, that the House proceed to the immediate 
consideration of the resolution. Thereupon, without debate, the motion 
was considered and agreed to.
---------------------------------------------------------------------------
13. 117 Cong. Rec. 39885-89, 92d Cong. 1st Sess. For a further example 
        see 116 Cong. Rec. 27999, 28004, 91st Cong. 2d Sess., Aug. 10, 
        1970.
14. Identified as motion No. 1.
15. H.J. Res. 191, proposing an amendment to the Constitution relative 
        to nondenominational prayer in public buildings.
---------------------------------------------------------------------------

    Parliamentarian's Note: A joint resolution proposing a 
constitutional amendment does not require consideration in Committee of 
the Whole, and therefore consideration in the House was proper under 
the general rules of the House.

Consideration of Discharged Measure in Committee of the Whole

Sec. 4.4 After the agreement by the House to a motion to discharge a 
    bill from a committee, the Speaker entertains a motion to go into 
    the Committee of the Whole for the consideration of the bill if the 
    bill requires such consideration under the general rules of the 
    House.

    On Apr. 26, 1948,⁽¹⁶⁾ following the agreement by the 
House to a motion to discharge the Committee on Agriculture from 
further consideration of a bill,⁽¹⁷⁾ the Speaker 
⁽¹⁸⁾ made an announcement to the House:
---------------------------------------------------------------------------
16. 94 Cong. Rec. 4835, 4841, 4842, 80th Cong. 2d Sess.
17. H.R. 2245, repealing the tax on oleomargarine.
18. Joseph W. Martin, Jr. (Mass.).
---------------------------------------------------------------------------

                                Announcement

        The Speaker: Without interfering with the rights of the 
    gentleman from South Carolina to move to go into the Committee of 
    the Whole, the Chair will entertain consent requests for extensions 
    of remarks only.

    After the extension of remarks on the part of several Members, Mr. 
L. Mendel Rivers, of South Carolina, moved that the House resolve 
itself into the Committee

[[Page 3231]]

of the Whole House on the state of the Union for the consideration of 
the discharged bill. The motion was agreed to.

Sec. 4.5 The Speaker has announced that without interfering with the 
    rights of a Member to move to go into the Committee of the Whole 
    for the consideration of a bill before the House as a result of a 
    motion to discharge, he would entertain consent requests for 
    extensions of remarks only.

    On Apr. 26, 1948,⁽¹⁹⁾ Mr. L. Mendel Rivers, of South 
Carolina, called up a motion to discharge the Committee on Agriculture 
from the further consideration of a bill. Following the agreement by 
the House to the motion, Speaker Joseph W. Martin, Jr., of 
Massachusetts, made an announcement to the House: ⁽²⁰⁾
---------------------------------------------------------------------------
19. 94 Cong. Rec. 4835, 80th Cong. 2d Sess.
20. Id. at p. 4841.
---------------------------------------------------------------------------

                                Announcement

        The Speaker: Without interfering with the rights of the 
    gentleman from South Carolina to move to go into the Committee of 
    the Whole, the Chair will entertain consent requests for extensions 
    of remarks only.

    After entertaining several requests for extensions of remarks, the 
Speaker recognized Mr. Rivers to move that the House resolve itself 
into the Committee of the Whole House on the state of the Union for the 
consideration of the discharged bill. The motion was agreed 
to.⁽²¹⁾
---------------------------------------------------------------------------
21. Id. at p. 4842.
---------------------------------------------------------------------------

Hour Rule on Debate

Sec. 4.6 Where a measure not requiring consideration in Committee of 
    the Whole is before the House pursuant to a motion to discharge, 
    the Member who made the motion for its immediate consideration is 
    recognized in the House under the hour rule.

    On Aug. 10, 1970,⁽²²⁾ following the agreement by the 
House to motions offered by Mrs. Martha W. Griffiths, of Michigan, 
discharging the Committee on the Judiciary from further consideration 
of a House joint resolution ⁽²³⁾ and providing for the 
resolution's immediate consideration by the House, the Speaker 
⁽²⁴⁾ recognized Mrs. Griffiths for one hour of debate on the 
measure.
---------------------------------------------------------------------------
22. 116 Cong. Rec. 27999, 28004, 91st Cong. 2d Sess.
23. H.J. Res. 264, proposing an amendment to the Constitution relative 
        to equal rights for men and women.
24. John W. McCormack (Mass.).

---------------------------------------------------------------------------

[[Page 3232]]

Referral of Discharged Bills

Sec. 4.7 Where a committee is discharged from the further consideration 
    of a bill and no motion is made providing for the immediate 
    consideration of such bill, the Speaker refers the bill to its 
    appropriate calendar.

    On Jan. 13, 1936,⁽²⁵⁾ following the agreement by the 
House to a motion to discharge the Committee on Ways and Means from the 
further consideration of a bill,⁽²⁶⁾ Mr. Hamilton Fish, Jr., 
of New York, propounded a parliamentary inquiry:
---------------------------------------------------------------------------
25. 80 Cong. Rec. 336, 337, 74th Cong. 2d Sess.
26. H.R. 1, providing for the immediate cash payment of certain service 
        certificates.
---------------------------------------------------------------------------

        Mr. Fish: Under the rule, when a committee is discharged from 
    the consideration of a bill, does not the bill automatically come 
    up for consideration in the House?
        The Speaker: ⁽¹⁾ It does not, except on motion of a 
    Member who signed the discharge petition.
---------------------------------------------------------------------------
 1. Joseph W. Byrns (Tenn.).
---------------------------------------------------------------------------

        The bill will be referred to the Committee of the Whole House 
    on the state of the Union and ordered to be printed.