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Discharge petition
In United States parliamentary procedure, a discharge petition is a means of bringing a bill out of committee and to the floor for consideration without a report from the committee by "discharging" the committee from further consideration of a bill or resolution.
Discharge petitions are most often associated with the U.S. House of Representatives, though many state legislatures in the United States have similar procedures. There, discharge petitions are used when the chair of a committee refuses to place a bill or resolution on the committee's agenda: by never reporting a bill, the matter will never leave the committee, and the full House will not be able to consider it. The discharge petition, and the threat of one, gives more power to individual members of the House and removes a small amount of power from the leadership and committee chairs. In the U.S. House, successful discharge petitions are rare, as the signatures of an absolute majority of House members are required.
An early form of the discharge petition was introduced into U.S. House rules in 1910 as part of a series of measures intended to check the power of the disliked Speaker Joseph Gurney Cannon (R–Illinois). The modern version, however, was adopted in 1931 by the 71st House. In 1935, the rules were changed so the number of signatures required to force a vote went from one-third of the chamber (145 votes) to an absolute majority (218 votes).
Originally, signatories to a discharge petition were secret. Only once the petition acquired a majority would the clerk announce who signed. In 1993, the procedure was changed to make every step of the process public, with signers published in the Congressional Record. This change was spearheaded by then–Rep. Jim Inhofe (R–Oklahoma).
There are three basic forms of discharge petition:
Once the House acts on a discharge motion, any further discharge petitions on the same subject are precluded for the remainder of the session of Congress (until the calendar year's close, normally). This is only relevant if the petition succeeds but the bill is rejected anyway, despite a majority of the House apparently wishing to bypass the committee. If the motion is budget-related, then the Committee of the Whole is convened to amend it.
A discharge petition may only be brought after a measure has sat in committee for at least 30 legislative days without being reported; if the petition is on a "special rule" resolution submitted to the Rules Committee, then the period is seven days instead. Once the requisite number of signatures is reached, the petition is placed on the Discharge Calendar, which is privileged business on the second and fourth Mondays of each month. This layover is waived during the last six days of a session before sine die adjournment. At the end of each session of Congress, any discharge petitions remaining unresolved or lacking the required number of signatures are removed from consideration.
Between 1931 and 2003, 563 discharge petitions were filed, of which only 47 obtained the required majority of signatures. The House voted for discharge 26 times and passed 19 of the measures, but only two have become law. However, the threat of a discharge petition has caused the leadership to relent several times; such petitions are dropped only because the leadership allowed the bill to move forward, rendering the petition superfluous. Overall, either the petition was completed or else the measure made it to the floor by other means in 16 percent of cases.
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Discharge petition
In United States parliamentary procedure, a discharge petition is a means of bringing a bill out of committee and to the floor for consideration without a report from the committee by "discharging" the committee from further consideration of a bill or resolution.
Discharge petitions are most often associated with the U.S. House of Representatives, though many state legislatures in the United States have similar procedures. There, discharge petitions are used when the chair of a committee refuses to place a bill or resolution on the committee's agenda: by never reporting a bill, the matter will never leave the committee, and the full House will not be able to consider it. The discharge petition, and the threat of one, gives more power to individual members of the House and removes a small amount of power from the leadership and committee chairs. In the U.S. House, successful discharge petitions are rare, as the signatures of an absolute majority of House members are required.
An early form of the discharge petition was introduced into U.S. House rules in 1910 as part of a series of measures intended to check the power of the disliked Speaker Joseph Gurney Cannon (R–Illinois). The modern version, however, was adopted in 1931 by the 71st House. In 1935, the rules were changed so the number of signatures required to force a vote went from one-third of the chamber (145 votes) to an absolute majority (218 votes).
Originally, signatories to a discharge petition were secret. Only once the petition acquired a majority would the clerk announce who signed. In 1993, the procedure was changed to make every step of the process public, with signers published in the Congressional Record. This change was spearheaded by then–Rep. Jim Inhofe (R–Oklahoma).
There are three basic forms of discharge petition:
Once the House acts on a discharge motion, any further discharge petitions on the same subject are precluded for the remainder of the session of Congress (until the calendar year's close, normally). This is only relevant if the petition succeeds but the bill is rejected anyway, despite a majority of the House apparently wishing to bypass the committee. If the motion is budget-related, then the Committee of the Whole is convened to amend it.
A discharge petition may only be brought after a measure has sat in committee for at least 30 legislative days without being reported; if the petition is on a "special rule" resolution submitted to the Rules Committee, then the period is seven days instead. Once the requisite number of signatures is reached, the petition is placed on the Discharge Calendar, which is privileged business on the second and fourth Mondays of each month. This layover is waived during the last six days of a session before sine die adjournment. At the end of each session of Congress, any discharge petitions remaining unresolved or lacking the required number of signatures are removed from consideration.
Between 1931 and 2003, 563 discharge petitions were filed, of which only 47 obtained the required majority of signatures. The House voted for discharge 26 times and passed 19 of the measures, but only two have become law. However, the threat of a discharge petition has caused the leadership to relent several times; such petitions are dropped only because the leadership allowed the bill to move forward, rendering the petition superfluous. Overall, either the petition was completed or else the measure made it to the floor by other means in 16 percent of cases.