[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]
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 days. Manual Sec. 892; see Sec. 2,
infra.
A 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 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.
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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 resolution reported by the Committee on Rules providing for
the consideration of an unreported measure; the effect of the
resolution, if adopted, is to discharge the committee before
which the measure is pending. 5 Hinds Sec. 6771.
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. 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 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. 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), 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
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on. If the motion prevails on a public bill or joint resolution, it is
in order 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 order of business, 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
signatories a matter of public record on the last day of each week,
and they are available for public inspection in the Clerk's office on
any day of the business week. 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 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 order of business 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 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.
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 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, or 218 Members.
Deschler Ch 18 Sec. 1.2. Non-voting Delegates may not 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.
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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.
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.
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 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
Clause 2 of rule XV 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
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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.
Sec. 7 . -- Consideration of Discharged Measure; Forms
Motion to Consider the Discharged Measure
Under clause 2 of rule XV, 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, many discharge motions
propose to discharge the Committee on Rules from further consideration
of a resolution pending before that committee. Under clause 2 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. 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.
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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.
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
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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. 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 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.