Discharge Petition - History and Process

History and Process

An early form of the discharge petition was introduced into 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:

• Directly on an unreported measure. This makes it difficult to amend, which may be considered a benefit or a drawback. The committee to be discharged can circumvent this to a degree by reporting the measure.
• To make a special rule providing that the unreported measure be recalled from committee and considered. This is the most common variety in modern times; as of the 107th Congress, all discharge petitions have been of this variety.
• To make a special rule providing that a reported measure that was never called for floor consideration be considered.

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 matter is considered as a special rule 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.

563 discharge petitions were filed between 1931 and 2003, 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 moot. Overall, either the petition was completed or else the measure made it to the floor by other means in 16 percent of cases.