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.
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.