Freshmen Orientation Briefing on the Rules Committee

JANUARY 7, 1997

BY NOW, MOST OF YOU HAVE AT LEAST SOME INKLING OF WHAT THE RULES COMMITTEE IS AND WHAT IT DOES. TODAY, I WANT TO GIVE YOU A USER-FRIENDLY BRIEFING ON HOW WE ACTUALLY OPERATE AND HOW THIS RELATES TO YOUR JOB AS A MEMBER.
THE RULES COMMITTEE IS AN ARM OF THE LEADERSHIP WITH TWO MAIN FUNCTIONS ---
FIRST, WE DEVELOP AND RECOMMEND THE STANDING RULES ADOPTED BY THE HOUSE AT THE BEGINNING OF EACH CONGRESS. THAT WAS THE RULES PACKAGE THE HOUSE DEBATED AND ADOPTED YESTERDAY.
SECOND, WE ARE RESPONSIBLE FOR REPORTING SPECIAL RULES FOR THE CONSIDERATION OF MAJOR LEGISLATION ON THE FLOOR OF THE HOUSE. IN EFFECT THE RULES COMMITTEE IS THE SCHEDULING COMMITTEE FOR THE MAJORITY LEADERSHIP.
OVER 90% OF OUR TIME IS TAKEN IN CONSIDERING SPECIAL RULES OR ORDER OF BUSINESS RESOLUTIONS FOR BILLS FROM OTHER COMMITTEES.
THE BEST WAY TO DESCRIBE THESE SPECIAL RULES IS THAT THEY ARE DEPARTURES FROM THE STANDING RULES OF THE HOUSE.
FIRST, THEY GIVE PRIVILEGED OR PRIORITY STATUS TO THE BILLS THEY MAKE IN ORDER. WITHOUT THESE RULES, BILLS WOULD HAVE TO WAIT THEIR TURN IN THE ORDER ON WHICH THEY ARE REPORTED TO THE CALENDAR.
SECOND, THE SPECIAL RULES DEFINE GENERAL DEBATE TIME DURING FLOOR CONSIDERATION OF A BILL.
THIRD, SPECIAL RULES MAY STRUCTURE THE AMENDMENT PROCESS TO PRESCRIBE WHICH AMENDMENTS MAY BE CONSIDERED AND THE ORDER OF CONSIDERATION.
FOURTH, SPECIAL RULES OFTEN WAIVE POINTS OF ORDER AGAINST BILLS OR AMENDMENTS -- IN OTHER WORDS, THEY SET ASIDE STANDING RULES THAT WOULD OTHERWISE PROHIBIT CONSIDERATION OF THOSE BILLS OR AMENDMENTS.
-- AN EXAMPLE OF THIS IS THE RULE THAT REQUIRES COMMITTEE REPORTS TO HAVE BEEN AVAILABLE FOR THREE DAYS PRIOR TO FLOOR CONSIDERATION. WHEN TIME PRESSURES REQUIRE MORE IMMEDIATE SCHEDULING, THE RULES COMMITTEE IS ASKED TO WAIVE THIS LAYOVER RULE.
FIFTH, SPECIAL RULES USUALLY ORDER THE PREVIOUS QUESTION ON FINAL PASSAGE OF A BILL AFTER IT HAS BEEN REPORTED FROM THE COMMITTEE OF THE WHOLE. THIS MEANS THAT NO ADDITIONAL AMENDMENTS CAN BE CONSIDERED BEYOND THOSE ADOPTED IN THE COMMITTEE OF THE WHOLE.
AND SIXTH, SPECIAL RULES PROVIDE FOR A MOTION TO RECOMMIT -- THAT IS A FINAL OPPORTUNITY TO SEND THE BILL BACK TO COMMITTEE OR BACK TO THE HOUSE FOR FURTHER AMENDMENT.
THE RULES COMMITTEE WILL HOLD A HEARING ON ANY BILL FOR WHICH A COMMITTEE CHAIRMAN HAS REQUESTED A SPECIAL RULE, BUT USUALLY NOT UNTIL THE LEADERSHIP HAS INDICATED THAT IT WANTS TO SCHEDULE THE MATTER FOR FLOOR ACTION.
WE FIRST TAKE TESTIMONY FROM THE CHAIRMAN AND RANKING DEMOCRAT ON THE COMMITTEES BRINGING THE BILL, THEN FROM OTHER COMMITTEE MEMBERS, AND FINALLY, FROM ANY OTHER HOUSE MEMBER. WE DO NOT TAKE TESTIMONY FROM PUBLIC WITNESSES.
ONCE WE HAVE CONCLUDED THE HEARING, ONE OF THE MAJORITY MEMBERS WILL MOVE A SPECIAL RULE FOR THE BILL, SETTING OUT THE TERMS OF GENERAL DEBATE AND AMENDMENT.
THE PROPOSED RULE IS SUBJECT TO AMENDMENT IN COMMITTEE; HOWEVER, GIVEN THE NATURE OF THE COMMITTEE, IT IS WISE NOT TO RELY ON AN AMENDMENT TO THE RULE AS A LIKELY AVENUE FOR HAVING YOUR PROVISION MADE IN ORDER.
FOLLOWING COMMITTEE ADOPTION, THE SPECIAL RULE THEN GOES TO THE FLOOR WHERE IT IS SUBJECT TO ONE-HOUR OF DEBATE. WHILE DEBATE TIME IS CONTROLLED BY THE RULES COMMITTEE MAJORITY MANAGER, BY TRADITION, HALF THE DEBATE TIME IS YIELDED TO THE DEMOCRAT MANAGER.
THE ONLY OPPORTUNITY TO AMEND A RULE ON THE FLOOR IS TO DEFEAT THE PREVIOUS QUESTION. THE PREVIOUS QUESTION VOTE IS A VOTE ON WHETHER TO MOVE TO FINAL ADOPTION OF THE RESOLUTION OR RULE.
IF THE MINORITY SUCCEEDS IN DEFEATING THE PREVIOUS QUESTION, THE PERSON LEADING THE FIGHT AGAINST IT, USUALLY THE DEMOCRAT RULE MANAGER, IS RECOGNIZED FOR AN ADDITIONAL HOUR AND MAY OFFER AN AMENDMENT TO THE RULE.
THAT, IN ESSENCE, IS ROLE OF THE RULES COMMITTEE. HOWEVER, LET ME JUST MAKE A FEW CONCLUDING COMMENTS ON THE IMPORTANCE OF BEING WELL PREPARED BEFORE YOU COME TO RULES.
YOU SHOULD HAVE IN YOUR HANDS A PAPER ENTITLED "GUIDELINES FOR ATTEMPTING TO HAVE AMENDMENTS TO BILLS MADE IN ORDER BY THE COMMITTEE ON RULES."
THESE GUIDELINES ARE ESPECIALLY IMPORTANT WHEN IT IS ANNOUNCED THAT RESTRICTIONS WILL BE PLACED ON THE AMENDMENTS THAT CAN BE OFFERED TO BILL.
BUT, EVEN IF YOU KNOW WE ARE GOING TO REPORT AN OPEN RULE, YOU SHOULD MAKE SURE BEFORE THE RULES COMMITTEE MEETS THAT YOUR AMENDMENT WILL BE IN ORDER -- THAT IS, THAT IT DOES NOT VIOLATE ANY HOUSE RULE SUCH AS THE GERMANENESS RULE OR THE BUDGET ACT PROVISIONS.
WE ADVISE YOU TO HAVE YOUR STAFF RUN THE AMENDMENT BY THE PARLIAMENTARIAN FOR AN OPINION. IT MAY BE POSSIBLE TO REDRAFT THE AMENDMENT TO REMOVE THE VIOLATION. OTHERWISE, YOU WILL NEED TO APPEAR BEFORE THE RULES COMMITTEE TO REQUEST A WAIVER OF A POINT OF ORDER -- SOMETHING THE RULES COMMITTEE RARELY GRANTS UNLESS YOU ARE A COMMITTEE CHAIRMAN.
IT IS ALSO IMPORTANT THAT YOUR STAFF CONTACT THE COMMITTEE STAFF IN ADVANCE OF YOUR APPEARANCE TO MAKE SURE YOU ARE ON THE WITNESS LIST AND TO INFORM US OF YOUR INTENTIONS.
WE ALSO RECOMMEND THAT YOU PERSONALLY CONTACT A MEMBER OF THE RULES COMMITTEE TO REQUEST THAT YOUR AMENDMENT BE MADE IN ORDER UNDER THE RULE. DO NOT ASSUME THAT IT WILL AUTOMATICALLY BE OFFERED AS AN AMENDMENT TO THE RULE SIMPLY BECAUSE YOU FILED YOUR AMENDMENT WITH US. IT IS IMPORTANT THAT WE KNOW HOW SERIOUS YOU ARE ABOUT OFFERING IT.
FINALLY, YOU SHOULD RECOGNIZE THAT SEEKING AN AMENDMENT IN RULES IS REALLY YOUR LAST, LEAST BEST OPTION FOR HAVING A PROVISION INCLUDED IN A BILL.
WE ENCOURAGE MEMBERS INTERESTED IN LEGISLATION TO SEEK WHATEVER CHANGES MAY BE NECESSARY AT THE AUTHORIZING OR APPROPRIATING STAGE. EVEN IF YOUR EFFORTS FAIL, EVIDENCE THAT AN AMENDMENT WAS OFFERED IN COMMITTEE CAN DEMONSTRATE YOUR LEVEL OF COMMITMENT IN RULES.
IN CLOSING, I KNOW I HAVE COVERED A LOT OF GROUND IN THIS BRIEF OVERVIEW OF THE RULES COMMITTEE, AND I KNOW THAT THE RULES AND PROCEDURES OF THE HOUSE ARE A FOREIGN LANGUAGE TO MOST OF YOU.
TO HELP YOU AND YOUR STAFF LEARN THE ROPES, THE RULES COMMITTEE IS DEVELOPING A PROCEDURAL ADVICE AND ASSISTANCE PROGRAM FOR MEMBERS AND THEIR STAFFS. WE WILL BE PROVIDING PRACTICAL, USE-ORIENTED TRAINING AND INFORMATION SERVICES. MATERIALS SHOULD BE IN THE MAIL TO YOU SHORTLY. IN THE MEANTIME, PLEASE DON'T HESITATE TO CALL THE COMMITTEE WITH ANY QUESTIONS YOU MIGHT HAVE.
AND FINALLY, I'D BE HAPPY TO ENTERTAIN ANY IMMEDIATE QUESTIONS AT THIS TIME.