🏛️Congress Unit 9 – Floor Procedures and Legislative Voting

Key Players and Roles

• The Speaker of the House presides over the House of Representatives, maintains order, and manages the legislative process
  • Elected by the majority party and serves as the chamber's primary spokesperson and leader
• The House Majority Leader schedules legislation for consideration, works to advance the majority party's agenda, and manages floor debates
  • Assists the Speaker in setting legislative priorities and coordinating party strategy
• The House Minority Leader serves as the primary spokesperson for the minority party, coordinates opposition to the majority's agenda, and works to promote the minority party's legislative goals
• Committee Chairs oversee the work of their respective committees, schedule hearings, and manage the committee's legislative agenda
  • Play a crucial role in shaping legislation within their committee's jurisdiction
• Floor Managers are designated by the majority and minority parties to manage the debate on specific bills, control the time allotted for discussion, and coordinate their party's response to amendments
• The House Parliamentarian advises the Speaker and members on parliamentary procedure, rules, and precedents to ensure the proper conduct of legislative business
• Party Whips assist leadership in gauging member support for legislation, mobilizing votes, and communicating party positions to rank-and-file members

Floor Layout and Organization

• The House Chamber is arranged with the Speaker's rostrum at the front, facing the members' desks, which are divided by a central aisle
  • Democrats traditionally sit to the Speaker's right, while Republicans sit to the left
• Members' desks are assigned based on seniority, with more senior members generally choosing seats closer to the front of the chamber
• The majority and minority leadership have designated offices and meeting spaces near the House Chamber to facilitate communication and coordination
• The House Floor is equipped with electronic voting systems, microphones, and cameras to record proceedings and enable efficient legislative processes
• The House Gallery, located above the chamber, allows the public and media to observe floor proceedings
  • The Gallery is divided into sections, including areas reserved for the press, special guests, and the general public
• The House Cloakrooms, located adjacent to the chamber, serve as informal gathering spaces for members to discuss legislation, negotiate, and interact with colleagues
• The House Well, the area directly in front of the Speaker's rostrum, is where members often gather to engage in debate or to address the chamber

Types of Legislative Sessions

• Regular Sessions are the primary periods during which Congress conducts legislative business, typically lasting from January to December of each year
  • The House and Senate establish their own legislative calendars and schedules within the framework of the regular session
• Special Sessions can be convened by the President or by Congress itself to address specific issues or emergencies that require immediate attention outside of the regular session
  • Special Sessions are less common and have a more focused agenda compared to regular sessions
• Pro Forma Sessions are brief meetings held to satisfy the constitutional requirement that neither chamber can adjourn for more than three days without the consent of the other
  • These sessions typically involve little or no legislative business and are often used to prevent recess appointments by the President
• Joint Sessions involve both the House and Senate meeting together, usually to hear the President's State of the Union address or to count and certify the Electoral College votes in presidential elections
• Lame Duck Sessions occur after the November general elections and before the newly elected members take office in January
  • These sessions can be used to complete unfinished legislative business or to address pressing issues before the change in Congress

Bill Introduction and Referral

• Members of the House can introduce bills by placing them in the "hopper," a wooden box located on the House Clerk's desk
  • The Clerk assigns each bill a number (e.g., H.R. 1 for the first House bill of the session) and enters it into the official record
• The Speaker refers each bill to one or more relevant committees based on the bill's subject matter and the committees' jurisdictions
  • The Speaker consults with the Parliamentarian and leadership to determine the most appropriate committee(s) for referral
• Multiple referrals can occur when a bill's content falls under the jurisdiction of more than one committee
  • In such cases, the Speaker may designate a primary committee and one or more additional committees to consider the bill
• Joint referrals involve sending the bill to multiple committees simultaneously, with each committee considering the portions of the bill that fall within its jurisdiction
• Sequential referrals send the bill to one committee at a time, with each committee considering the bill and potentially making amendments before sending it to the next committee in the sequence
• Split referrals divide the bill into separate parts, with each part sent to a different committee for consideration
• The committee(s) receiving the bill will then begin the process of reviewing, debating, and potentially amending the legislation before deciding whether to report it back to the full House for further action

Debate and Amendment Process

• General Debate occurs when a bill is first brought to the House Floor, allowing members to discuss the overall merits and purpose of the legislation
  • The length of general debate is usually limited and controlled by a rule adopted by the House
• The Amendment Process begins after general debate concludes, permitting members to propose changes to the bill's text
  • Amendments can be offered in the Committee of the Whole or in the full House, depending on the rule governing debate
• The Committee of the Whole is a procedural device used to expedite the amendment process, allowing for a more informal debate and quicker consideration of amendments
  • In the Committee of the Whole, a quorum of 100 members is required, and the Speaker appoints a member to preside as the Chair
• Amendments can be offered "en bloc," meaning multiple amendments are considered together as a package to save time
• Second-degree amendments, also known as amendments to amendments, can be offered to modify a pending amendment
  • Third-degree amendments are not permitted under House rules
• The Germaneness Rule requires that amendments be relevant to the subject matter of the bill under consideration
  • Non-germane amendments can be ruled out of order by the Chair or challenged by a point of order from a member
• The House Rules Committee can issue a special rule to structure debate and limit the amendments that can be offered to a specific bill
  • Closed rules prohibit most or all amendments, while open rules allow for a wider range of amendments to be considered

Voting Procedures and Methods

• Voice Votes occur when the presiding officer asks members to say "aye" or "no" to indicate their support or opposition to a question
  • The presiding officer determines the outcome based on the volume of the responses
• Division Votes are used when the outcome of a voice vote is unclear
  • Members stand to be counted, with the presiding officer determining the result based on the visual count
• Recorded Votes, also known as roll call votes, involve each member's individual vote being recorded and published in the Congressional Record
  • Recorded votes can be requested by a member or required by House rules for certain types of legislation
• Electronic Voting Systems are used for most recorded votes, allowing members to cast their votes using electronic voting cards inserted into machines located throughout the House Chamber
  • Members have a set amount of time (usually 15 minutes) to cast their votes electronically
• Proxy Voting, implemented during the COVID-19 pandemic, allows members to designate a colleague to cast votes on their behalf if they are unable to be present in the House Chamber
  • Proxy voting is a temporary measure and is subject to specific rules and limitations
• Paired Voting is an informal arrangement where a member who is absent arranges with a member on the opposite side of an issue to both abstain from voting, effectively canceling out each other's absence
• The Tally Clerk records and tabulates the votes, and the presiding officer announces the final result
  • A simple majority (218 votes when all 435 seats are filled) is typically required for passage of legislation in the House

Quorum and Majority Rules

• A Quorum, defined as a simple majority of the House membership (218 members when all 435 seats are filled), is required to conduct official business
  • The House presumes a quorum is present unless a member challenges the absence of a quorum through a point of order
• Quorum Calls are used to summon absent members to the House Floor and to determine if a quorum is present
  • If a quorum is not present, the House cannot conduct business until a quorum is achieved
• The House can approve a motion to adjourn, recess, or compel the attendance of absent members to establish a quorum
• A Simple Majority (50% plus one) is the most common threshold for passing legislation and procedural motions in the House
  • Some actions, such as overriding a presidential veto or expelling a member, require a two-thirds majority
• The Yeas and Nays, a recorded vote that specifically identifies how each member voted, can be requested by one-fifth of the members present
  • This request for a recorded vote is often used to highlight an issue or to hold members accountable for their positions
• The House can Suspend the Rules to expedite the passage of non-controversial bills
  • Suspending the rules requires a two-thirds majority and limits debate to 40 minutes, with no amendments allowed
• The House can also use Unanimous Consent to approve measures without a formal vote, as long as no member objects
  • Unanimous consent is often used for routine business or to expedite the legislative process

Special Parliamentary Tactics

• The Motion to Recommit allows the minority party one final opportunity to amend or defeat a bill before final passage
  • This motion can be offered with or without instructions, which can include specific amendments or directives to the committee
• Discharge Petitions can be used to force a bill out of committee and bring it to the House Floor for consideration
  • If a majority of the House (218 members) signs the petition, the bill is discharged from the committee and placed on the calendar for floor action
• The Rule of Germaneness prohibits amendments that are not relevant to the subject matter of the bill under consideration
  • Points of order can be raised to challenge non-germane amendments, which the Chair rules on based on House rules and precedents
• The Committee of the Whole is a procedural device used to expedite the amendment process and to consider legislation under more informal rules
  • In the Committee of the Whole, a quorum of 100 members is required, and the Speaker appoints a member to preside as the Chair
• The House can use Suspension of the Rules to quickly pass non-controversial bills
  • This procedure requires a two-thirds majority, limits debate to 40 minutes, and prohibits amendments
• Special Rules, issued by the House Rules Committee, can structure debate, limit amendments, and waive points of order for specific bills
  • These rules can be tailored to manage the legislative process and to advance the majority party's agenda
• The Motion to Table allows the House to quickly dispose of a matter without a direct vote on its merits
  • If adopted, the motion effectively kills the pending question, amendment, or appeal