Parliamentary Outreach Program

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
    • Proxies are invalid

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 -

    1. Make a point of order that a quorum is not present. A roll call is automatic
    2. 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 -

    1. Demand the yeas and nays. This requires 1/5 of the Members present to stand in support of the vote.
    2. 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