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Thursday, December 9, 2010

The Discharge Rule in the House: Principal Features and Uses

Richard S. Beth
Specialist on Congress and the Legislative Process

The “discharge rule” of the House of Representatives allows a measure to come to the floor for consideration, even if the committee of referral does not report it and the leadership does not schedule it. To initiate this action, a majority of House Members must first sign a petition for that purpose.

The rule permits either (1) the committee of referral to be discharged from the measure itself; or (2) the Committee on Rules to be discharged from a special rule for considering the measure. If a measure dealing with raising or spending money reaches the floor by discharge, it is considered in Committee of the Whole, as if under an open rule. Other measures reaching the floor by discharge are considered in the House under the one-hour rule, with the previous question in order. If the House takes up a measure under a special rule from which the Committee on Rules has been discharged, it is considered under the terms provided by the special rule.

Layover periods required by the discharge rule permit the Committee on Rules to preempt a discharge attempt, and recover control of the floor agenda, by securing House adoption of an alternative special rule for considering the measure. This report will be updated to reflect developments in the rules or practice.



Date of Report: December 2, 2010
Number of Pages: 9
Order Number: 97-552
Price: $19.95

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