[HOUSE PRACTICE, 104th Congress, 2d Session]
[A Guide to the Rules, Precedents and Procedures of the House]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:hp_txt-19]
[Page 433-441]
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DISCHARGING MEASURES FROM COMMITTEES
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 Secs. 1007-1023
5 Deschler Ch 18
Manual Sec. 908
Sec. 1 . In General; Alternative Methods
There are certain procedures that effectively discharge a
committee or which may be invoked whenever a committee fails or
refuses to report a measure. These methods include:
<box> The motion to discharge a public bill or resolution available
under Rule XXVII clause 3 after the measure has been pending in
committee for more than 30 days. Manual Sec. 908. See Secs. 2
et seq.
<box> A motion to discharge the Committee on Rules from a special
rule relating to an unreported bill which has been pending
before it for seven days (also in Rule XXVII clause 3).
<box> The motion to suspend the rules available under Rule XXVII
clause 1 pursuant to a vote of two-thirds of the Members.
Manual Sec. 902.
Note: The motion to suspend the rules and pass a bill applies to
bills that have not been reported from committee. 8 Cannon Sec. 3421.
Generally, see Suspension of Rules.
<box> The Speaker's referral (under Rule X clause 5) of a bill
pursuant to time limits which result in the discharge of the
bill from committee at the end of the designated time. Manual
Sec. 700.
<box> A resolution reported by the Committee on Rules providing for
the consideration in the House 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.
<box> A unanimous-consent request agreed to by the House (the
procedure does not lie in the Committee of the Whole). 4 Hinds
Sec. 4697; 102-2, June 4, 1992, p ____.
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Note: Recognition for such a request is within the discretion of
the Chair, and the Speaker will not entertain such a request without
the consent of the chairman and ranking minority member of the
committee considering the measure (97-2, May 4, 1982, p 8613) and the
majority and minority floor leadership (see Manual Sec. 757 for the
``Speaker's guidelines'').
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 XXVII clause 3, a Member may file with the Clerk a
motion (sometimes called a petition) to discharge a committee from the
consideration of a public bill or resolution which was referred to the
committee 30 days prior thereto. Manual Sec. 908. The word ``days''
has been construed to mean legislative days. 75-2, Dec. 10, 1937, p
1300. 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. When the requisite number of
signatures are obtained--a majority of the total membership (86-2,
June 3, 1960, p 11837)-- the motion is entered on the Journal, printed
in the Record, and referred to the Discharge Calendar. Rule XXVII
clause 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 and fourth Mondays of the month. The motion is then
debated for 20 minutes and voted on. If the motion prevails, it is in
order to proceed to consider the discharged measure pursuant to a
motion to that effect. See Sec. 6, infra. To pass a measure under the
discharge rule thus involves numerous separate and distinct stages:
<box> The filing of the petition after the expiration of the 30-day
period;
<box> Obtaining the necessary signatures;
<box> Entry in the Journal and printing (with signatures) in the
Record;
<box> Reference to the Discharge Calendar;
<box> Calling up, debating, voting on the motion to discharge;
<box> Agreement to proceed to consider the discharged measure; and
<box> Debate and vote on the discharged measure itself (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
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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. Manual Sec. 908.
Reoffering of Motion
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. Rule XXVII clause 3.
Sec. 3 . -- Application and Use; What Measures May Be Discharged
Public Bills and Resolutions
The discharge rule has been invoked against standing committees to
bring before the House for its consideration various unreported public
bills and resolutions, including:
<box> A joint resolution proposing an amendment to the Constitution,
relative to the offering of prayer in public buildings.
Deschler Ch 18 Sec. 2.3.
<box> A joint resolution proposing a constitutional amendment
relative to equal rights for men and women. 91-2, July 20,
1970, p 24999.
<box> A joint resolution proposing an amendment to the Constitution
to prohibit compelling the attendance of students at certain
schools. 96-1, July 24, 1979, p 20362.
<box> A bill repealing the tax on oleomargarine. Deschler Ch 18
Sec. 2.1.
<box> A bill transferring certain price administration functions
from one agency to another. Deschler Ch 18 Sec. 2.2.
<box> A bill providing for the payment to veterans of the face value
of their adjusted-service certificates. Deschler Ch 18
Sec. 2.7.
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 amended in the committee. 7 Cannon Sec. 1015.
Application to Reported Bills
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; and 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. Deschler Ch 18 Sec. 1.13.
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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 the
resolutions and special rules specified by Rule XXVII clause 3,
including a special rule making in order a bill (Deschler Ch 18
Sec. 2.4) or joint resolution (Deschler Ch 18 Sec. 2.5) under terms
therein specified by the sponsor of the resolution, rather than under
the general rules of the House. For example, in 1965, the House agreed
to a motion to discharge the Committee on Rules from the further
consideration of a resolution making in order the ``home rule'' bill
pending before the Committee on the District of Columbia. 89-1, Sept.
27, 1965, pp 25180-85. In 1982, after the Judiciary Committee had
declined to report a balanced budget amendment, and a special order
providing for its consideration had been pending before the Rules
Committee, a motion to discharge the special order received sufficient
signatures and was placed on the Discharge Calendar. Sept. 29, 1982,
Discharge Petition 18, on H. Res. 450. A similar motion received the
requisite number of signatures in 1992. 102-2, May 20, 1992, p ____.
However, the motion applies only to special orders which have been
pending before the Committee on Rules for at least seven legislative
days. Manual Sec. 908. 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. 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.
Timetable
The discharge of a measure pursuant to Rule XXVII clause 3 is
subject to the timetable and attendant layovers that are imposed under
the rule. The discharge procedure requires:
<box> Expiration of 30 legislative days after the measure's
reference to committee (Sec. 2, supra) and the concurrent
expiration of seven legislative days if the petition is filed
against a special order of business referred to the Committee
on Rules.
<box> Expiration of the period needed to obtain the requisite
signatures (Sec. 4, infra).
<box> Expiration of seven or more legislative days after reference
of motion to discharge calendar (Sec. 6, infra).
<box> Calling up motion only on second or fourth Monday following
expiration of seven-day period (Sec. 6, infra).
The time frame involved under the rule, lengthy as it is, has
sometimes led the House to take other action to dispose of the bill.
Thus, in one recent
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instance, the House considered and passed, under suspension of the
rules, a bill reported by the Committee on the Judiciary after a
petition to discharge it had received the necessary signatures, the
bill having been reported before the motion to discharge had been on
the Discharge Calendar for seven legislative days. 96-2, June 24,
1980, p 16577.
Sec. 4 . -- Signatures Required
The provision of the discharge rule that a discharge motion must
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. See 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 these present
and voting, a quorum being present. See Voting.
The rule requires the preparation of daily cumulative lists of the
names of those signing the petition. Such lists must be made available
for public inspection. Rule XXVII clause 3 (adopted in 1995).
Additional signatures are not admitted after the requisite number
have been affixed. 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. Rule XXVII clause 3. The signing of discharge
motions by proxy is not permitted. 7 Cannon Sec. 1014.
The death or resignation of a signatory of the motion does not
invalidate his signature (Deschler Ch 18 Sec. 1.5); but to enable a
Member elected in a special election to fill a vacancy to sign a
petition, the signature of his predecessor must be removed (Deschler
Ch 18 Sec. 1.4).
Sec. 5 . -- Privilege and Precedence of Motions
Under the modern practice, 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 Secs. 1016,
1017), over unfinished business coming over from the preceding day
(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 (96-1, July 24, 1979, p 20358), or permit a Member to
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proceed for one minute on an unrelated matter by unanimous consent
(91-2, Aug. 10, 1970, pp 27994-99).
Sec. 6 . -- Calling Up and Debating the Motion
Generally
Under the discharge rule, a motion to discharge which 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. Rule XXVII clause 3. 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. In one instance by unanimous consent the House dispensed
with the motion to discharge and agreed to consider the underlying
matter (a special order) on a date certain under the same terms as if
discharged by motion. 102-2, June 4, 1992, p ____.
To call up the motion, a Member must qualify as having signed the
discharge petition (89-1, Sept. 27, 1965, pp 25180-85; 92-1, Nov. 8,
1971, pp 39885-89; Deschler Ch 18 Sec. 3.6).
Intervening Motions
The rule of the House providing for the consideration of discharge
motions does not permit intervening motions except for one motion to
adjourn. Rule XXVII clause 3. 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 (Deschler Ch 18 Sec. 3.15) or to move to
postpone consideration thereof to a day certain (Deschler Ch 18
Sec. 3.14). And the Speaker has declined to recognize for extensions
of remarks where a discharge motion is pending. Deschler Ch 18
Sec. 3.16.
Debate on Motion
Debate on the motion to discharge is limited to 20 minutes--10
minutes in favor of the proposition and 10 minutes under the control
of the Member recognized in opposition. Manual Sec. 908. The Speaker
has denied recognition for requests to extend the time. 7 Cannon
Sec. 1010.
The division of the 20-minute period for debate is in accordance
with the position of the Member as being either for or against 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. 91-2, Aug. 10, 1970, p 27999;
96-1, July 24, 1979, p 20358.
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A Member recognized to control half of the 20 minutes' debate on
the motion may yield part of his time to another Member (Deschler Ch
18 Sec. 3.11) but that Member may not yield part of that time to still
another Member (Deschler Ch 18 Sec. 3.12).
Sec. 7 . -- Consideration of Discharged Measure; Forms
Motion to Consider the Discharged Measure
Following agreement to a motion to discharge a standing committee
from a measure pending before the committee, it is then in order for
any Member who signed the motion to move to proceed to the immediate
consideration of that measure. Rule XXVII clause 3. Deschler Ch 18
Sec. 4.3. The motion to consider the measure is privileged and is
decided without debate. 91-2, Aug. 10, 1970, pp 27999, 28004; 92-1,
Nov. 8, 1971, pp 39885-89. If the motion for immediate consideration
is adopted, the legislation is taken up under the general rules of the
House. Deschler Ch 18 Secs. 4.4, 4.6. Otherwise, the discharged
measure is referred to its proper calendar. Deschler Ch 18 Sec. 4.7.
A similar procedure is followed after agreement to a motion to
discharge the Committee on Rules from the further consideration of a
resolution pending before that committee. The House immediately
considers the resolution, the Speaker not entertaining any dilatory or
other intervening motion except one motion to adjourn. Rule XXVII
clause 3. Deschler Ch 18 Sec. 4. Amendments to the resolution are not
in order (unless the previous question is voted down). 78-2, Jan. 24,
1944, p 631. See also Manual Sec. 908.
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 made the motion for its immediate consideration
is recognized in the House under the hour rule. 91-2, Aug. 10, 1970, p
27999; Manual Sec. 908. And when a joint resolution proposing an
amendment to the Constitution is considered in the House pursuant to a
motion to discharge, the proponent of the resolution is recognized to
control one hour of debate. 96-1, July 24, 1979, p 20362. Under the
modern practice, however, a special order discharged from the
Committee on Rules under this procedure specifies all the procedures
under which the discharged bill is to be considered.
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The bill to which the discharge motion applies is read by title
only (Rule XXVII clause 3) and may not be read in its entirety (7
Cannon Sec. 1019a).
The point of order provided by Rule XXI clause 5--interdicting
consideration of appropriations not reported by the Committee on
Appropriations--does not apply to an appropriation in a bill which has
been taken away from the committee by the motion to discharge. 7
Cannon Sec. 1019a; Manual Sec. 908.
Forms
Member: Mr. Speaker, pursuant to section 3 of Rule XXVII, 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.
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. Examples include propositions to discipline a Member and
impeachment resolutions. See 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 question of privilege 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
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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 (4 Hinds Sec. 3532) and debatable (101-
2, Mar. 7, 1990, p ____), that motion is subject to the motion to lay
on the table (Deschler Ch 18 Sec. 5.1) but remains renewable on a
subsequent day.
Sec. 9 . Discharge of Resolutions of Disapproval; Statutory Motions
Congressional disapproval actions, as expressed in joint,
concurrent or simple resolutions, are sometimes made subject, by
statute, to a motion to discharge after the lapse of a certain period
of time. For various examples, see Manual Sec. 1013.