Parliamentary Outreach Program
Vol. 106, No. 3
February 8, 1999
David Dreier, Chairman
“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.

THE NEED FOR SPECIAL RULES

A Special Rule is a resolution usually reported by the Rules Committee that provides the guidelines by which a measure is considered on the House floor. They most often involve a departure from the standing rules of the House. Special rules are needed to:

  • Arrange the House schedule to allow for consideration of measures not in order under the House or Union Calendars;
  • Resolve the House into the Committee of the Whole to allow more Members to participate in debate and offer amendments;
  • Facilitate the consideration of legislation by: limiting and assigning control of debate, governing the number and types of amendments, waiving points of order against consideration of a bill or amendment in violation of House rules and facilitating resolving differences with the Senate; and,
  • Arbitrate legislative disputes among committees.

TYPES OF SPECIAL RULES

  1. Open - Permits general debate for a certain period of time and allows any Member to offer an amendment that complies with the standing rules of the House and the Budget Act.

  2. Modified Open - Permits general debate for a certain period of time and allows any Member to offer amendments, consistent with House rules, under the five minute rule subject only to an overall time limit on the amendment process, and/or a requirement that amendments be pre-printed in the Congressional Record.

  3. Modified Closed/Structured - Permits general debate for a certain period of time, but limits the amendments that may be offered to those designated in the special rule or the Rules Committee report to accompany the special rule; and/or precludes amendments to a particular portion of the bill, although the remainder of the bill may be completely open to amendment.

  4. Closed - Permits debate for a certain period of time but permits no amendments to be offered.

    GUIDELINES FOR SUBMITTING AMENDMENTS TO THE HOUSE COMMITTEE ON RULES

    When a structured rule is anticipated for a measure, the Rules Committee will often follow a special process in the preparation and consideration of the rule.

    Announcing an Amendment Process- In some cases, the Chairman of the Rules Committee will announce special procedures or deadlines for the submission of amendments. This is announced on the House Floor and followed by a “Dear Colleague” letter and a notice from the Whip Office.

    Testifying- If a Member wishes to testify before the Rules Committee on an amendment, they should call the Committee (Majority, 225-9091; Minority, 225-9486) to be placed on the witness list.

    Drafting an Amendment- Members should seek the assistance of the Legislative Counsel’s office in drafting an amendment. It is very important that the amendment be drafted by Legislative Counsel to ensure that it is tailored to the most up-to-date version of the base bill and that it is accurate. This also helps to ensure the expeditious printing by GPO of any amendments made in order by the Committee.

    Using the Parliamentarians- Members should check the text of the amendment with the House Parliamentarian to determine if it violates any rule of the House or the Budget Act. If so, the amendment can often be redrafted to correct the problem or a Member should notify the Rules Committee that a waiver of certain points of order is needed to have the amendment considered.

    Making the Amendment in Order- While it is not required, it is suggested that prior to the meeting, the Member requesting an amendment ask a Rules Committee Member to offer a motion to have the amendment made in order. A request for a motion is not a guarantee that the amendment will be made in order.

    Submitting the Amendment- In the absence of a special procedure announced by the Chairman of the Committee on Rules, the Committee requires 55 copies of the amendment and one copy of a brief explanation in advance of the meeting. Also, if the Member wants the text of a written statement before the Committee members while they testify, 55 copies are required in advance of the meeting, preferably by the close of business the day before the meeting.

    Communicating Early- Keeping the Rules Committee informed of the progress of the amendment with the Parliamentarian’s office and with the Legislative Counsel’s office well in advance of our meeting is also recommended.


    Key Parliamentary Terms

    Standing Rules- These are the standing rules governing the normal order of business in the House or in a committee. These rules are adopted by the full House and by each committee at the beginning of each Congress. These rules generally govern such matters as the duties of officers, the code of conduct, the order of business, admission to the floor, parliamentary procedures on handling amendments and voting, and jurisdictions of committees.

    Special Rules- (1) Special rules involve a departure from the standing rules of the House for the consideration of a specific bill. (2) They are usually resolutions reported by the Rules Committee which govern the handling of a particular bill on the House floor.