1. CONGRESSIONAL RULES AND PROCEDURES
Davidson, Oleszek, Lee, and Schickler
Chapter 8

2. Introduction and Committee Referral
Only a member can introduce a bill
Only a Representative in the House
Only a Senator in the Senate

3. Committee Referral
The bill is referred to a standing committee. Committee jurisdictions are specified in the rules of the House and the Senate.
Subject matter determines where it goes, but committees have overlapping jurisdictions
Example of Sen. Graham’s public lands bill, Agriculture vs. Energy
Which committee gets the bill determines how it’s handled, whether it’s treated favorably
The committee chair, ranking member, other members influence how the bill is dealt with

4. Scheduling in the House
Suspension of the Rules
Non-controversial bills, limited debate, no amendments, two-thirds vote for passage
Rules Committee
Crafts rules according to what the majority party wants (majority party has 9 of 13 seats)
Rules almost always pass because the majority membership votes for what the leadership wants

5. Box 8.3, p Example of a rule
Resolved into the Committee of the Whole
Specifies the bill to be considered under the rule
First reading dispensed with (expedites the procedure; technically, bills are supposed to be read three different times on different days)
Points of order are waived
One hour of debate, then amendment under five-minute rule (five minutes per speaker)
Bill considered as read (not taking the time to verbally read it into the record)
Amendments allowed by the Rules Committee are the only ones allowed
No division of the question – the amendment can’t be broken into parts
Report the bill back to the House – technically, the Committee of the Whole is a committee of the House
Motion to recommit – defeat the bill by sending it back to committee instead of passing it
Motion to recommit with instructions – adopt certain specified changes to the bill before it’s passed

6. Committee of the Whole
Committee of the Whole House on the State of the Union – expedited parliamentary procedure (faster debate, lower quorum)
All members of the House are members of the Committee of the Whole
The Speaker never presides over the Committee, it’s another member referred to as Chair
Recent controversies about whether Delegates can vote in COTW

7. Committee of the Whole Open rule – any amendments are permitted
Closed rule – no amendments permitted, historically used for tax bills
Structured – only amendments authorized by Rules Committee may be offered (“modified open” or “modified closed”)
Amendments and voting in the Committee of the Whole
Committee rises, House votes on final passage
The bill must be passed by the House, not just by the Committee

8. Discharge petition
218 members may move to bring a bill to the floor even if a committee hasn’t passed it
Rarely successful; committees want to protect their jurisdiction, and members don’t want to short-circuit the committee process or alienate the leaders

9. The Senate
Unanimous consent – the schedule, time allowed, and amendments are generally negotiated by the Majority Leader and the Minority Leader
Second-degree amendment – an amendment to an amendment (limited number are permitted)
Hold – individual Senator objects to something, with the implicit threat of a filibuster against it or an objection to a unanimous consent request
Individual Senators usually make their objections known ahead of time and are negotiated with before the Senate takes up the bill

10. Filibuster
Cloture – first adopted in 1917, required two-thirds; reduced to 60 in 1975
The motion to proceed to the consideration of a bill may also be filibustered, preventing the underlying bill from ever being taken up

11. Senate Rules
Standing rules can only be changed by 2/3 vote, but the Senate can uphold or reject a point of order by majority vote (how the filibuster on nominations was eliminated by Harry Reid in 2013) – Trump nominees haven’t been subject to filibuster, but Judge Gorsuch may be

12. Conference Committees
Conference committees resolve the differences in House and Senate versions of a bill
Chairs, ranking members, other significant members of House and Senate committees that considered the bill originally
The conference committee produces a conference report
Must be agreed to by a majority of each House’s conferees
House and Senate then vote up or down on the conference report