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John:
Good Morning from Capitol Hill.
As our nation enters a period of Thanksgiving, we should reflect on the words of George Washington from his Thanksgiving Proclamation of 1789: “Whereas it is the duty of all Nations to acknowledge the providence of Almighty God, to obey his will, to be grateful for his benefits, and humbly to implore his protection and favor-- and whereas both Houses of Congress have by their joint Committee requested me to recommend to the People of the United States a day of public thanksgiving and prayer to be observed by acknowledging with grateful hearts the many signal favors of Almighty God especially by affording them an opportunity peaceably to establish a form of government for their safety and happiness.”
The House and Senate have departed Washington for the Thanksgiving holiday and are not in session this week. Both chambers will return the first week of December for a three week sprint to the Christmas break.
Much of the attention in Washington last week was on a vote to release the Epstein files. With President Trump green lighting support for the vote, the House of Representatives took up and passed H.R. 4405, the Epstein Files Transparency Act. The Senate then immediately passed the bill under Unanimous Consent (UC), meaning no Senator objected to passing the bill via voice vote. The President then signed the bill into law.
Despite passing the House by a routine process, the procedural process by which this vote gained traction is worth noting.
One of the legislative tools available to the rank and file House members is called a “discharge petition.” Although typically a tool of the minority, it has been used effectively by both parties over the course of its existence. It has also undergone changes in the last couple of Congresses.
This petition requires a majority of the body, 218 members, to sign onto the effort. As the Congressional Research Service explains, “The House discharge rule (Rule XV, clause 2) provides a means for Members to bring to the floor for consideration a public bill or resolution that has been referred to committee but not reported. Discharge is generally the only procedure by which Members can secure consideration of a measure without cooperation from the committee of referral, or the majority-party leadership and the Committee on Rules.” This is the process by which H.R. 4405 gained so much traction.
If a Member of the House of Representatives is unable to gain traction on a bill or resolution they would like to vote on, this is an option that they could use to gain that vote. Expect to see this used more and more in the coming months.
As the Washington Examiner is reporting, “A bill to reverse a Trump executive order halting collective bargaining agreements for federal workers will get a vote next month after a successful discharge petition. And lawmakers are eyeing similar efforts to force votes on Russia sanctions and legislation banning members of Congress from stock trading.” Time will tell whether or not these efforts are successful and if they are, if the discharge petition undergoes some changes in the next Congress.
ICYMI…
Sincerely,
Hugh Fike
Senior Director, CP Academy
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