Introduction to the Legislative Process in the House of Representatives House Committee, Floor and Conference Procedures
General Information -
- Bill sponsorship, co-sponsorship & withdrawal
- Bill research/drafting assistance - CRS, Legislative Counsel & the Parliamentarians
- Bill referrals - single, split, sequential; strategic considerations
- Rules of the House govern all House activities.
- 19 House Standing Committees, 1 Select Committee, 4 Joint Committees and 87 subcommittees.
Introduction to Committee Procedures
General Committee Procedures -
- The rules of the House are the rules of committees. Committees also adopt their own rules.
- Committees may only act when acting together.
- It is the prerogative of the Chair to call meetings; however, if the Chair fails to call a meeting upon the written request of three committee members, a majority of committee members may call a special meeting
- Subcommittee referrals are optional
The Hearing Process (two types of hearings- oversight and legislative) -
- quorum for taking testimony, established by committee rules -
- Hearings are optional - no point of order lies for failure to hold them
- Must be open unless majority of Members present concur in national security or privacy concerns
- Hearings require one-week notice (unless ranking member concurs or majority of members vote to waive for good cause)
- Questioning witness - waiving the five-minute rule
- If asserted, minority has right to call one day of witnesses
Investigative (Oversight) Hearings -
- Staff deposition authority
- The subpoena power -
- Issuing subpoenas
- Enforcing subpoenas
Legislative Markups -
- No notice requirements in House rules
- Must be open unless closed by roll call vote
- Quorum requirement 1/3 to conduct business; majority to report
- Reading the bill -
- first reading may be dispensed with if printed copies of the bill available
- second reading (for amendment) waived only by unanimous consent.
The Committee Amendment Process -
- Second reading is by section unless otherwise agreed to
- Amendments must be offered when their section is read
- Amendments must be in writing and must be read in full unless unanimous consent to waive is granted
- Only germane first & second degree amendments are in order
- Debate is under the five-minute rule -- author, opponent, pro forma
- Points of order must be timely made
- Obtaining a vote in committee requires 1/5 members support
Final Disposition -
- Ordering measure reported (favorably, unfavorably, or without recommendation)
- Reserving the right to file views; two days available
Restrictions on amendments -
- Germaneness
- Prohibition on third-degree amendments
- Substitutes can only be offered at the beginning or end of the amendment process
Introduction to the Floor
General Remarks -
- One Minute Speeches
- Unanimous Consent Requests
- Special Orders
- Extensions of Remarks
- Decorum and Debate Rules
Consideration of Bills & Resolutions -
- Suspensions
- Consideration by Unanimous Consent
- Privileged Matters - Appropriations bills, conference reports, Rules resolutions, ethics inquiries, presidential veto overrides, budget resolutions, etc.
- Special Rules - purpose & types; their consideration, and obtaining time on a rule
- The Committee of the Whole
- Obtaining time during General Debate
The Amendment Process on the Floor -
- Consideration of amendments under the Five-minute rule -
- offering amendments
- pro forma amendments to obtain debate time
- Consideration of amendments under Special Rules - time and order restrictions
- Pre-printing of amendments to enhance access to debate time
- Power of recognition of Speaker
Final Adoption -
- The Committee Rises
- Right to obtain a separate vote on any amendment adopted in Committee of the Whole
- The previous question
- The motion to recommit
Obtaining Quorums or Votes -
- In the House - 218 Members constitutes a quorum
If few Members are present, to obtain a roll call vote any Member may -
- Make a point of order that a quorum is not present. A roll call is automatic
- Request the “yeas and nays”. This requires 1/5 of the Members present to stand in support of the vote
If the chamber is full, to obtain a roll call vote any Member may -
- Demand the yeas and nays. This requires 1/5 of the Members present to stand in support of the vote.
- Demand a record vote. This requires that 44 Members must stand in support of the vote
- In the Committee of the Whole - 100 Members equals a quorum
A division vote can be demanded by any Member after a voice vote. No minimum number of supporters is required.
To obtain a record vote, 25 Members must rise in support of the vote. If fewer than 100 Members are present on the floor, the Member may demand a record vote, and pending that makes a point of order that a quorum is not present.
Introduction to Conference Procedures
Resolving Differences -
- Constitutional Requirements
- Formal disagreement involving a Committee of Conference
- Informal Disagreement involving the bill shuttle or amendments in disagreement
Consideration of Conference Reports -
- Appointment of Conferees
- Motion to Instruct
- Rules of conferences
- House Floor Consideration
- Statement of managers
Amendments in Disagreement -
- Shuttled back and forth
- Appropriation Bills
- Terms Recede and Concur
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