"Each House may determine the Rules of its proceedings,"
Article I, Section 5, U.S. Constitution.
" That a committee be appointed to prepare and report such standing rules and order of proceeding as may be proper to be observed in this House."
An order of the House of Representatives of April 2, 1789 creating the Committee on Rules; Journal of the U.S. House of Representatives, April 2, 1789, p. 6.
1. ROLE OF THE RULES COMMITTEE
Reporting special rules. The Rules Committee reports special rules that set the terms for debate and amendments on specific measures. Legislation may also reach the House floor by way of:
Exercising "original jurisdiction." The Rules Committee has jurisdiction over the standing rules of the House, changes in House rules, and the congressional budget process. Examples of original jurisdiction measures reported by the Committee in the 104th Congress included:
(H.Res. 416).
2. THE NEED FOR SPECIAL RULES
Arranging the House schedule.
Without special rules, measures referred to either the House
or Union calendars must be taken up in the order in which they
are listed on those calendars.
Resolving the House into the Committee of the
Whole. Without adoption of a special
rule, the Speaker would not have the authority to resolve the
House into the Committee of the Whole House on the state of the
Union, where the procedures allow more Members to participate
in debate and offer amendments.
Facilitating consideration of legislation. In addition to making floor consideration of specific legislation in order, special rules are needed to:
Arbitrating legislative disputes among committees.
When two or more committees report differing versions of a bill,
a special rule is needed to determine which committee substitute,
or if an alternative negotiated substitute, will be made in order
as the original bill for purposes of amendment.
3. CATEGORIES OF SPECIAL RULES
Open -- Permits the free
offering of germane amendments otherwise consistent with House
rules.
Modified Open -- Contains
either a time cap on consideration of amendments or requires pre-printing
of amendments in the Congressional Record or both.
Modified Closed/Structured
-- Permits only certain specified amendments to be offered.
Closed -- Permits no amendments
to be offered other than amendments offered by the committee reporting
the bill such as an amendment in the nature of a substitute.
4. PROCESS FOR REPORTING A SPECIAL RULE
Rules Committee receives a letter from chairman
of reporting committee. The letter usually
includes a request that a hearing be scheduled, a stipulation
of the type of special rule desired, the amount of debate time
needed, and any waivers of House rules necessary for consideration
of the bill.
Rules Committee schedules a hearing.
Witnesses are limited to Members of Congress, typically the committee
and subcommittee chairmen and ranking minority members, committee
members both supporting and opposing the measure, and Members
who wish to offer floor amendments.
Rules Committee marks up a special rule.
The Rules Committee, in consultation with the majority leadership
and the substantive committee chairmen, determines the type of
rule to be granted, including the amount of general debate, the
amendment process, and waivers to be granted, if any.
Special rule reported and filed.
The Majority Leader consults with the Speaker, the Rules Committee
Chairman and the substantive committee chairmen to decide upon
an appropriate date for consideration of the rule on the House
floor.
Consideration in the House.
After a one-day layover, special rules may be considered on the
House floor at any time. A two-thirds vote is necessary to consider
a special rule on the same day that it is reported.
Debate under the hour rule. Special rules reported by the Rules Committee are debated under a House rule that permits Members specifically recognized by the Chair to hold the floor for no more than one hour. The hour is managed by the majority party member of the Rules Committee calling up the rule, not the committee that reported the underlying bill. Out of custom, one-half the time is yielded to a minority member of the Rules Committee. At the end of debate, the previous question is put to a vote in order to cut off further debate, prevent the offering of additional amendments to the rule, and bring the special rule to an immediate vote.
KEY DEFINITION:
Committee of the Whole - A committee composed of all House Members created to expedite the consideration of bills, other measures and amendments on the floor of the House. In the Committee of the Whole, a quorum is 100 Members (as compared to 218 in the House) and debate on amendments is conducted under the five-minute rule (as compared to the hour rule in the House), following general debate. In addition, certain motions allowed in the House are prohibited in the Committee of the Whole including, but not limited to, motions for the previous question, to table, to adjourn, to reconsider a vote, and to refer or recommit.
"The Use and Application of the Line Item Veto" September 22, 1997 11:00-12:00 HC-5
"Unfunded Mandates and Points of Order" September 29, 1997 11:00-12:00 Can. Cau.
Additional Parliamentary Procedure reference material can be found on the Rules Committee web page at http://www.house.gov/rules/ .