Order Code 97-856 GOV
CRS Report for Congress
Received through the CRS Web
The Discharge Rule in the House:
Recent Use in Historical Context
Updated August 6, 2001
Richard S. Beth
Specialist in the Legislative Process
Government and Finance Division
Congressional Research Service ˜ The Library of Congress

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The Discharge Rule in the House:
Recent Use in Historical Context
Summary
The discharge rule of the House of Representatives affords a way for Members to
bring to the floor a measure not reported from committee. Before a motion to discharge
may be made, 218 Members must sign a petition for that purpose. This report provides
summary data on discharge petitions filed since adoption of the present form of discharge
rule in 1931. It also identifies the 32 occasions since 1967 on which a committee report
or floor action occurred on a measure against which a petition was filed (or an alternative
measure on the same subject).
Since 1967, 11 discharge petitions obtained the required signatures. The House
discharged the committee six times, but adopted only two of the measures involved: (1) an
amendment to the discharge rule itself and (2) a proposed constitutional amendment, which
did not receive Senate approval. The other five measures received floor consideration
under procedures other than discharge, and three of these became law. All six measures
rejected were proposed constitutional amendments, requiring a two-thirds majority for
passage.
Also since 1967, ten other measures on which discharge was attempted received
floor consideration under other procedures. Six of these became law. Committees
reported a further ten measures on which discharge was attempted.
Over the entire period since 1931, 551 discharge petitions have been filed, of which
46 obtained the required signatures. The House voted for discharge 26 times, and passed
19 of the measures involved. Two of these measures changed House rules. Only two of
the remaining 17 became law. Of the 20 completed petitions on which the House did not
vote to discharge, five motions were defeated; no action occurred in six cases; and nine
measures received floor consideration under other procedures. Seven of these latter nine
became law.
Also, since 1931, 33 other measures on which petitions were filed reached the floor
under other procedures. All but three passed the House, and 17 received final approval.
Overall, either the petition has been completed, or the measure has received floor action
under some procedure, in roughly 15% of discharge attempts.
The discharge rule permits the House to bring a measure to the floor either directly
or by considering and adopting a special rule for the purpose. Overall since 1931, about
one quarter of discharge petitions have sought to discharge the Committee on Rules from
special rules for considering unreported measures. During the most recent decade,
however, more than three-fifths of petitions have adopted this approach.
Only since the 103rd Congress has the number of Members signing each discharge
petition been public information. During that period, three petitions were signed by more
Members than the number belonging to the minority party. Twenty-six were signed by
fewer than this number of Members, but more than 90. Thirteen were signed by 30-60
Members, eight by 7-30, and nine by three or fewer.

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Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Function of the Discharge Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Pertinent Features of the Discharge Rule and
Their Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Data Presented in This Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Recent Discharge Attempts on
Measures That Became Available for Floor Action . . . . . . . . . . . . . . . . . . . . . . 3
Use and Success of the Discharge Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Frequency of Discharge Attempts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Use of the Three Forms of Discharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Success of Discharge Attempts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Other Forms of Action on Measures Subjected to
Discharge Attempts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Action After a Petition Is Entered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Action When No Petition Is Entered . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Number of Signers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
List of Tables
Table 1. Measures on Which Discharge Petitions Were Filed
and Which Became Available for Floor Action, 1967-2000 . . . . . . . . . . . . . . . 7
Table 2. Discharge Petitions Filed, 1931-2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Table 3. Proceedings Under the House Discharge Rule, 1931-2000 . . . . . . . . . . . . 19
Table 4. Measures on Which Discharge Petitions Were Filed,
But That Received Action Under Other Procedures, 1931-2000 . . . . . . . . . . . 23
Table 5. Action on Measures on Which Discharge Petitions Were Filed,
1931-2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Table 6. Discharge Petitions in the 103rd House (1993-1994),
by Number of Signers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Table 7. Discharge Petitions in the 104th House (1995-1996),
by Number of Signers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Table 8. Discharge Petitions in the 105th House (1997-1998),
by Number of Signers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Table 9. Discharge Petitions in the 106th House (1999-2000),
by Number of Signers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

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The Discharge Rule in the House:
Recent Use in Historical Context
Introduction
Function of the Discharge Rule
The “discharge rule” of the House of Representatives (now Rule XV, clause 2),1
provides a means by which a majority of Members may bring to the floor for consideration
a measure that has not been reported from committee. To initiate action under this rule,
a Member files a discharge petition either (1) on the measure or (2) on a special rule
providing that the measure be extracted from committee and considered. If a majority of
the membership then signs the petition, it enables the House to entertain, on specified days,
a motion that the pertinent committee be discharged from considering the measure (or the
special rule). If the House adopts this motion, it then may entertain a motion to consider
the measure (or it takes up the special rule for considering the measure). Finally, if the
House adopts the motion to consider (or the special rule), the measure comes to the floor
for consideration.2
The House first adopted the discharge rule in essentially this form in 1931. From then
through 2000, discharge petitions were filed on 551 measures. Most of these never led
to any floor action. During these years, the House adopted only 26 discharge motions.3
However, an additional 41 of the measures involved (or alternatives on the same subject)
reached the floor through other procedures available under House rules. Some of these
floor proceedings may have occurred because the leadership or the pertinent committees
were acting in response to the discharge attempts.
Pertinent Features of the Discharge Rule and
Their Development
Although the House has had a discharge rule since 1910, it did not adopt the essential
features of the present rule until 1931, and many features of earlier discharge procedures
1U.S. Congress, House of Representatives, Constitution, Jefferson’s Manual, and Rules
of the House of Representatives, One Hundred Seventh Congress, H.Doc. 106-320,
106th Cong., 2nd sess., compiled by Charles W. Johnson, Parliamentarian (Washington:
GPO, 2001), sec. 892. Hereafter cited as House Manual.
2The mechanics of the rule are described in more detail in CRS Report 97-552, The
Discharge Rule in the House: Principal Features and Uses, by Richard S. Beth.
3Including unanimous consent requests with equivalent effects.

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CRS-2
were not comparable with those of today. For this reason, the data in this report address
only the period since 1931.4
Elements introduced into the rule in 1931 include the present requirements for filing
a discharge petition and the possible outcomes from doing so. The 1931 revisions also
established mechanisms (1) to ensure that the House will actually be able to consider a
measure once a petition is entered, and (2) to prevent dilatory use of the rule.
One of the most significant innovations of the 1931 rule was the establishment of three
alternate forms for initiating discharge action. Since 1931, it has been possible to file a
discharge petition either:
! directly on an unreported measure;
! on a special rule providing that an unreported measure be extracted from
committee and considered; or
! on a special rule for considering a measure already reported from committee, but
never called up for floor consideration, or still on the calendar.
The different implications of these three methods are explained in the next section.
Since 1931, the House has amended the discharge rule four times, on each occasion
only in specific features, not in basic structure. One of these amendments took place
shortly after adoption of the present form of rule; the others did not occur until the 1990s.
! In 1935, the House increased the number of signatures required on the petition
from 145 (one-third of the House) to 218 (one-half of the House);
! In 1991, the House eliminated a provision that had the effect of preventing debate
on, or amendment of, a special rule reaching the floor through discharge;
! In 1993, the House provided that the names of signers on discharge petitions from
that time forward be available to the public; and
! In 1997, the House prohibited filing a petition to discharge any special rule that
would have the effect of permitting nongermane amendments, or that would provide
for the consideration of more than one measure.
4For data on the use of earlier forms of the discharge rule, see tables 2 and 3 in archived
CRS Report 90-84, The Discharge Rule in the House of Representatives: Procedure,
History, and Statistics, by Richard S. Beth, pp. 58-59. Reprinted in U.S. Congress, House
Committee on Rules, Subcommittee on Rules of the House, Discharge Petition
Disclosure: H.Res. 134, hearing, 103rd Cong., 1st sess., Sept. 14, 1993 (Washington: GPO,
1993). See also Richard S. Beth, Control of the House Floor Agenda: Implications from
the Use of the Discharge Rule, 1931-1994, paper presented at the Annual Meeting of the
American Political Science Association, Sept. 1, 1994, pp. 6-8.

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CRS-3
Data Presented in This Report
This report presents three kinds of data on the use of the discharge procedure: First,
for the 90th through 106th Congresses (1967-2000), the report identifies all measures on
which a discharge petition was filed that were subjected to any action beyond the
committee stage.5 Measures are included whether the action occurred pursuant to the
discharge rule or to other procedures.6 This scope facilitates assessment of the likelihood
that a measure on which Members attempt discharge will receive favorable legislative
action by any means.
Second, for the entire period from 1931 through 2000 (72nd–106th Congresses), the
report provides summary data on the number of discharge petitions filed and their success
rates (by several different criteria). For these comprehensive summary data, separate
tables cover action under the discharge procedure itself and action under other procedures.
A summary table includes action both pursuant to the discharge rule and under other
procedures.
Third, from the 103rd Congress forward (1993-2000), the report sets forth the
number of signatures received by each discharge petition filed. Prior to the 103rd
Congress, the identities of Members signing were disclosed only for discharge petitions that
received the required number of signatures. These data are, as a consequence, not
available for Congresses before the 103rd.
Recent Discharge Attempts on
Measures That Became Available for Floor Action
From 1967 through 2000 (90th–106th Congresses), 209 discharge petitions were
filed. Only six of the measures involved reached the floor through the discharge procedure
itself. In 16 of the remaining 203 instances, however, either the measure received floor
consideration under other procedures, or an alternate measure on the same subject did so.
An additional nine measures were reported from committee (or, in one case, the
Committee on Rules reported a special rule for considering the measure), either before or
after the discharge petition was filed, but the measure saw no further floor action. Table
1 (beginning on pg. 7) provides information on all 32 of these measures. It includes all
cases, during the period covered, in which use of the discharge rule may have had some
connection with action on a measure beyond the committee stage.
Each entry in Table 1 identifies the measure by number and notes its subject
(proposed constitutional amendments include the notation “AMENDMENT”). The table
also notes the committee(s) to which the measure was referred, or from which it was
reported. It next shows which of the forms of discharge petition was filed, how many
signatures it obtained, and whether it resulted in a discharge motion being offered on the
floor. The following two columns provide a synopsis of floor action on the measure, as
5Comparable information for the 72nd through 100th Congresses (1931-1988) appears as
Table 11 in Beth, Discharge Rule: Procedure (archived CRS Report 90-84), pp. 93-108.
6 Corresponding measures may have been taken up by subsequent Congresses without use
of the discharge procedure. This report takes no account of subsequent action of this kind.

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CRS-4
well as on related special rules and alternate measures. Finally, the table notes the final
status of each measure. Throughout, the table provides the numbers of any related
measures and the dates of key actions. The following paragraphs detail the significance
and use of each of these items.
Form of Discharge Petition. A discharge petition may be filed to bring to the
floor any measure that has remained in committee at least 30 legislative days.7 A petition
may also be filed on a special rule providing that any such measure be extracted from
committee and considered, if the special rule has been before the Committee on Rules for
at least seven legislative days without being reported. Finally, a petition may be filed on
a special rule for considering a measure already reported, if, again, the special rule has
been before the Committee on Rules for seven legislative days without action. Table 1
indicates which of these three courses of action was attempted in each case, giving the date
the petition was filed and, where applicable, the resolution number of the special rule.8
The first two methods of discharge both provide means for securing consideration of
a measure on which the committee of referral seems unlikely to act. The second method
has the advantage of permitting proponents to draft a special rule that sets appropriate
terms for considering and amending the measure. Also, a committee of referral can, by
reporting the measure, render a discharge effort moot if the petition is filed on the measure
itself, but not if it is filed on a special rule for considering the measure.9
The third method of discharge, by contrast, offers the possibility of bringing to the
floor a measure that the committee of referral may be willing to see considered, but which
the leadership and Committee on Rules seem unlikely to schedule for action. This was a
chief use of the discharge rule during the period of “conservative coalition” control of the
Committee on Rules (roughly 1937-1960), but has become uncommon in recent years.10
Number of Signatures. A discharge petition entitles a Member to offer a motion
to discharge a committee from a specified measure only after the petition is signed by a
majority of the total membership of the House (218 Members). In the 103rd Congress, the
House amended the rule to provide that signatures to pending discharge petitions be
publicly available. Until then, signatures had been treated as confidential except when the
full 218 were obtained. Table 1 notes which petitions obtained the full number of
signatures required and, from the 103rd Congress forward, the number of signatures
obtained by each other petition listed.
7Normally, each day the House meets is a legislative day. A legislative day begins when the
House convenes after an adjournment, and ends when the House next adjourns.
8Table 2 shows the frequency with which these different forms of discharge have been used
in each Congress since 1931.
9 The Committee on Rules could render a petition to discharge a special rule ineffective by
reporting the rule, but in that case any member of the Committee on Rules may call up the
special rule after seven legislative days and with one day’s notice House Rule XIII, clause
6(d). House Manual, sec. 861.
10The implications of all three methods of discharge are more fully explained in Beth,
Discharge Rule: Features (CRS Report 97-552).

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CRS-5
Action on Discharge Motion. Once the 218 signatures are obtained, a motion
to discharge is entered on a special discharge calendar. Beginning seven legislative days
thereafter, the motion may be offered on the second or fourth Monday of each month,
except during the last six days of a session. On several occasions during the period
examined, after a discharge motion was entered, the House instead accepted a unanimous
consent request that the committee be discharged and the measure be considered at a
specific time. This report treats the acceptance of such a request as equivalent to the
adoption of a discharge motion. When a petition does not obtain 218 signatures, of
course, no discharge motion can be offered on the floor, and no discharge vote can occur.
Floor Action. Table 1 reports action pursuant to the discharge rule itself in one
column, and that pursuant to other procedures in a separate column. In either case, the
pertinent column notes whether the measure was (1) reported from committee after the
petition was filed, (2) taken up on the floor, and (3) passed or rejected. If the measure
was considered under the terms of a special rule, the table also records floor action on the
rule. For measures not considered in Committee of the Whole, the table identifies the
procedure under which consideration took place.
Sometimes, although no floor action takes place on the measure that is the subject of
the discharge procedure, floor action does occur on some other measure on the same
subject. This action may occur because the committee of referral reports the other
measure; the leadership schedules it for floor consideration; or the Committee on Rules
reports a special rule for considering it. If discharge is sought on a special rule, another
possible action is that the Committee on Rules may report a different special rule, providing
for consideration of the same measure or an alternative measure.
Any of these actions may represent an attempt to forestall or preempt consideration
of the measure on which the petition was filed, or at least to forestall its consideration under
the terms of the original special rule. The table identifies cases in which such actions
occurred, noting the numbers of the alternative measures and special rules.11
Final Status. A discharge attempt may succeed directly, by bringing a measure
to the floor under the discharge rule itself, or indirectly, by bringing it (or another measure
on the same subject) to the floor under some other procedure. Yet even when the
discharge effort succeeds (in either sense), the measure may still fail to achieve enactment.
The House may consider the measure and reject it, or the measure may fail at a later stage
of the legislative process. Table 1 notes whether each measure listed became law or (for
concurrent or simple resolutions, and for joint resolutions proposing constitutional
amendments) otherwise attained final congressional approval. For measures that did not
reach final approval, the table notes the last point in the legislative process the measure
reached. This information indicates whether a measure failed or succeeded through the
discharge effort itself, or because of conditions occurring at other some point in the
process.12
11Table 4 shows how often, since 1931, these kinds of actions through other procedures have
occurred on measures subjected to discharge attempts.
12Table 3 shows how often, since 1931, discharge attempts have achieved various degrees
of success through the discharge procedure itself.

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CRS-6
Timing of Action. Table 1 does not supply a date for every legislative action it
lists. It does, however, identify dates on which:
! measures were referred or, where pertinent, reported;
! discharge petitions were filed;
! the required number of signatures was obtained; and
! key floor actions took place.
The rule requires petitions to be filed at least 30 legislative days after the date of
referral. The interval between referral and filing may suggest how urgent the measure’s
supporters felt the matter to be, or how much confidence they had in the committee of
referral. Similarly, the interval from filing to obtaining 218 signatures, as well as the number
of signatures obtained, may indicate the breadth and intensity of support for a measure.
Finally, the interval between the filing or entering of the discharge petition and floor
action on the measure may suggest whether the committee, House leadership, or
Committee on Rules was attempting to supersede or forestall action pursuant to the
discharge procedure. This information accordingly helps to suggest the effectiveness of the
discharge procedure in eliciting responsive action by these organs. Such an effect might
be inferred, for example, if, after a discharge petition is entered but before the discharge
motion can be offered on the floor, the committee reports the measure or the Committee
on Rules reports a special rule.

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CRS-7
Table 1. Measures on Which Discharge Petitions Were Filed
and Which Became Available for Floor Action, 1967-2000
Discharge Attempt
Floor Action A
Measure and
Committee
Final
Form
Action
Under Discharge Procedure B
Under Other
Subject
Action
Status
Procedures
90TH CONGRESS (1967-1968)
none
91ST CONGRESS (1969-1970)
H.J.Res. 264
Referred to
Filed 6/11/70
218 signers
Measure considered 8/10/70
Senate
Equal rights
Judiciary 1/16/69
on unreported
obtained
under one-hour rule
did not
AMENDMENT
measure
7/20/70;
Measure passed
conclude
committee
consider-
discharged
ation
H.R. 17555
Education and
Filed 12/9/70
signers not
House did
Fair employment
Labor reported
on H.Res. 1273
completed
not act
8/21/70
for reported
measure
H.R. 18214
Government
Filed 12/18/70
signers not
House did
Consumer Protection
Operations
on H.Res. 1294
completed
not act
Agency
reported 7/30/70
for reported
measure
92ND CONGRESS (1971-1972)
H.J.Res. 191,
Referred to
Filed 4/1/71
218 signers
Measure considered 11/8/71
House did
School prayer
Judiciary 1/22/71
on unreported
obtained
under one-hour rule
not act
AMENDMENT
measure
9/21/71;
Measure rejected
further
committee
discharged

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CRS-8
Discharge Attempt
Floor Action A
Measure and
Committee
Final
Form
Action
Under Discharge Procedure B
Under Other
Subject
Action
Status
Procedures
H.J.Res. 620,
Referred to
Filed 10/4/71
signers not
Rule reported 8/1/72
House did
School busing
Judiciary 5/6/71
on H.Res. 610
completed
not act
AMENDMENT
for unreported
measure
H.J.Res. 253,
Judiciary reported
Filed 5/1/72
signers not
House did
District of Columbia
2/29/72
on H.Res. 950
completed
not act
representation
for reported
AMENDMENT
measure
93rd CONGRESS (1973-1974)
none
94th CONGRESS (1975-1976)
H.R. 7590
Banking,
Filed 10/7/95
signers not
House did
Audit of Federal
Currency, and
on H.Res. 746
completed
not act
Reserve agencies
Housing reported
for reported
7/10/75
measure
H.R. 9725
Interior and
Filed 4/7/76
signers not
House did
Strip mining
Insular Affairs
on H.Res. 1107
completed
not act
reported 3/12/76
for reported
measure
95th CONGRESS (1977-1978)
none
96TH CONGRESS (1979-1980)
H.J.Res. 74
Referred to
Filed 3/21/79
218 signers
Measure considered 7/24/79
House did
School busing
Judiciary 1/15/79
on unreported
obtained
under one-hour rule
not act
AMENDMENT
measure
6/27/79;
Measure rejected
further
committee
discharged

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CRS-9
Discharge Attempt
Floor Action A
Measure and
Committee
Final
Form
Action
Under Discharge Procedure B
Under Other
Subject
Action
Status
Procedures
H.R. 3567
Referred to
Filed 5/8/80
218 signers
Measure reported 6/20/80
P.L. 96-308
Soft drink distributor
Judiciary 4/10/79
on unreported
obtained
Measure considered
antitrust exemption
measure
5/29/80
by suspension of rules
Measure passed
S. 598 passed in lieu
H.R. 3263
Referred to
Filed 7/2/80
signers not
Measure reported 9/25/80
House did
Regulatory reform
Judiciary 3/27/79
on unreported
completed
not act
measure
97TH CONGRESS (1981-1982)
H.J.Res. 350
Referred to
Filed 7/12/82
218 signers
Alternate rule reported (H.Res. 604)
House did
Balanced budget
Judiciary 10/29/81
on H.Res. 450
obtained
Alternate rule adopted 10/1/84
not act
AMENDMENT
for unreported
9/29/82
Measure considered
further
measure
Measure rejected
98TH CONGRESS (1983-1984)
H.R. 500
Referred to Ways
Filed 3/17/83
218 signers
Measure reported 5/13/83
P.L. 98-67
Interest and dividend
and Means 1/6/83
on unreported
obtained
Alternate measure H.R. 2973
withholding
measure
5/4/83
reported 5/13/83
Alternate measure considered
by suspension of rules
Alternate measure passed
H.R. 1510
Judiciary reported
Filed 10/28/83
signers not
Alternate rule reported 6/8/84
Conference
Immigration
5/13/83,
on H.Res. 338
completed
(H.Res. 519)
Agriculture
for reported
Alternate rule adopted
6/27/83, Energy
measure
Measure considered
and Commerce,
Measure passed
Education and
S. 529 passed in lieu
Labor 6/28/83;
Ways and Means
discharged
by terms of
referral 6/27/83

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CRS-10
Discharge Attempt
Floor Action A
Measure and
Committee
Final
Form
Action
Under Discharge Procedure B
Under Other
Subject
Action
Status
Procedures
H.R. 3
Judiciary reported
Filed 11/2/83
signers not
Alternate rule reported 3/20/84
P.L. 98-353
Bankruptcy courts
2/24/83;
on H.Res. 346
completed
(H.Res. 465) for consideration
Appropriations
for reported
of alternate measure (H.R. 5174)
discharged by
measure
Alternate rule adopted 3/21/84
terms of referral
Alternate measure considered
3/18/83
Alternate measure passed
H.R. 5345
Education and
Filed 6/21/84
signers not
Measure considered by
P.L. 98-377
School religious
Labor reported
on H.Res. 510
completed
suspension of rules 5/15/84
group meetings
4/26/84
for reported
Measure rejected
measure
Rule reported (H.Res. 554)
for Senate amendment to
H.R. 1310, including
similar provisions
Rule considered 7/24/84 by
suspension of the rules
Rule adopted
Measure considered by
suspension of the rules
Measure passed
99TH CONGRESS (1985-1986)
H.R. 945
Referred to
Filed 10/22/85
218 signers
Alternate rule reported 3/19/86
P.L. 99-308
Gun control
Judiciary 2/6/85
on H.Res. 290
obtained
(H.Res. 403) for alternate
for unreported
3/13/86
measure (H.R. 4332)
measure
Alternate rule adopted 4/9/86
Alternate measure considered
Alternate measure adopted
S. 49 adopted in lieu
H.R. 20
Banking, Finance,
Filed 7/22/86
signers not
House did
Savings and loan
and Urban Affairs
on H.Res. 480
completed
not act
regulation
reported 6/18/85
for reported
measure
100TH CONGRESS (1987-1988)
none

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CRS-11
Discharge Attempt
Floor Action A
Measure and
Committee
Final
Form
Action
Under Discharge Procedure B
Under Other
Subject
Action
Status
Procedures
101st CONGRESS (1989-1990)
H.J.Res. 350
Referred to
Filed 3/28/90
signers not
Alternate rule reported
House did
Flag burning
Judiciary
on H.Res. 350
completed
(H.Res. 417)
not act
AMENDMENT
6/29/89
for unreported
Alternate rule adopted 6/21/90
further
measure
Measure considered by
suspension of rules
Measure rejected
Alternate measure considered
by suspension of rules
(H.R. 5091)
Alternate measure rejected
H.J.Res. 268
Referred to
Filed 5/24/90
218 signers
Alternate rule reported
House did
Balanced budget
Judiciary
on H.Res. 391
obtained
(H.Res. 434)
not act
AMENDMENT
5/11/89
for unreported
6/19/90
Alternate rule adopted 7/17/90
further
measure
Measure considered
under one-hour rule
Measure rejected
102nd CONGRESS (1991-1992)
H.J.Res. 290
Referred to
Filed 5/20/92
218 signers
Rule adopted 6/10/92
House did
Balanced budget
Judiciary
on H.Res. 450
obtained
Measure considered
not act
AMENDMENT
6/26/91
for unreported
5/20/92;
Measure rejected
further
measure
committee
discharged by
unanimous
consent
103rd CONGRESS (1993-1994)
H.Res. 134
Referred to Rules
Filed 5/27/93
218 signers
Measure considered 9/28/93
House
Publish discharge
3/18/93
on unreported
obtained
under one-hour rule
adopted
motion signatures
measure
9/8/93;
Measure agreed to
committee
discharged by
unanimous
consent

---

CRS-12
Discharge Attempt
Floor Action A
Measure and
Committee
Final
Form
Action
Under Discharge Procedure B
Under Other
Subject
Action
Status
Procedures
H.R. 1025
Referred to
Filed 10/7/93
10 signers
Rule reported 11/9/93
P.L.
Handgun purchases
Judiciary
on unreported
(H.Res. 302)
103-159
(“Brady bill”)
2/22/93
measure
Measure reported 11/10/93
Rule adopted 11/10/93
Measure considered
Measure passed
H.J.Res. 103
Referred to
Filed 2/24/94
218 signers
Rule adopted 3/16/94
House did
Balanced budget
Judiciary
on H.Res. 331
obtained
Measure considered
not act
AMENDMENT
2/4/93
for unreported
2/24/94;
Measure rejected
further
measure
committee
discharged
by
unanimous
consent
H.J.Res. 131
Referred to Post
Filed 5/25/94
7 signers
Measure reported 7/12/94
P.L.
Pearl Harbor
Office 3/3/93
on unreported
Measure considered
103-308
remembrance day
measure
by unanimous consent
Measure passed
S. 1458
Public Works
Filed 5/26/94
160 signers
Measure reported 6/24/94 (Judiciary)
P.L.
Aircraft
reported 5/24/94;
on H.Res. 405
Measure considered
103-298
manufacturer liability
referred to Public
for unreported
by suspension of rules
Works, Judiciary,
measure
Measure passed
3/18/94
104th CONGRESS (1995-1996)
H.R. 125
Referred to
(1) Filed
26 signers
Semi-automatic
Judiciary 1/4/95
3/15/95
assault weapons
on unreported
measure
(2) Filed
3 signers
Alternate rule reported
Senate did
2/23/96
(H.Res. 388)
not act
on H.Res. 364
Alternate rule adopted 3/22/96
for unreported
Measure considered
measure
under one-hour rule
Measure passed

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CRS-13
Discharge Attempt
Floor Action A
Measure and
Committee
Final
Form
Action
Under Discharge Procedure B
Under Other
Subject
Action
Status
Procedures
H.R. 1710
Referred to
Filed 11/7/95
2 signers
Measure reported 12/5/95
House did
Terrorism
Judiciary 5/25/95
on H.Res. 240
not act
for unreported
measure
H.R. 1627
Referred to
Filed 5/25/96
41 signers
Measure reported
P.L.
Pesticides and food
Agriculture,
on H.Res. 443
6/11/96 (Agriculture)
104-170
safety
Commerce
for unreported
7/23/96 (Commerce)
5/12/95
measure
Measure considered 7/23/96
by suspension of rules
Measure passed
H.R. 2275
Referred to
Filed 7/17/96
51 signers
Measure reported
House did
Endangered Species
Resources,
on H.Res. 466
9/9/96 (Resources)
not act
Act amendments
Agriculture
for unreported
Agriculture discharged 9/9/96
9/7/95
measure
by terms of referral
105TH CONGRESS (1997-1998)
H.R. 3580
Appropriations
Filed 6/25/98
45 signers
House did
Supplemental
reported 3/27/96
on H.Res. 473
not act
appropriations
for reported
measure
106TH CONGRESS (1999-2000)
H.R. 417
Referred to House
(1) Filed
202 signers
Measure reported adversely
Senate did
Campaign finance
Administration,
4/14/99 on
8/5/99 (House Administration)
not act
Education and
H.Res. 122
Other committees discharged
Workforce,
for unreported
by terms of referral, 8/5/99
Government
measure
Alternate rule reported (H.Res. 283)
Reform, Judiciary,
Alternate rule adopted 9/14/99
Ways and Means,
(2) Filed
3 signers
Measure passed
Rules, 1/19/99
4/20/99 on
(one
H.Res. 126
additional
for unreported
signature
measure
withdrawn)

---

CRS-14
Notes for Table 1
Source: U.S. Congress, House of Representatives, Calendars of the United States House of Representatives and History of Legislation,
Final edition [95th-106th Congresses] (Washington: GPO [various years]). Congressional Legislative Information System data base on legislative status,
at [http://www.congress.gov/]. Records of discharge petitions and signatures thereto in the Legislative Resource Center of the House of Representatives
(also available for recent Congresses at [http://clerkweb.house.gov/mbrcmtee/legis/pastleg.htm]). The author expresses appreciation to that office for
assistance with access to those records, and to Hettie J. Beth for assistance in compiling some of the data reported.
A Floor action on the measure took place in Committee of the Whole unless otherwise indicated.
B Including action pursuant to unanimous consent requests with equivalent effect after petition obtained full number of signatures.

---

CRS-15
Use and Success of the Discharge Procedure
Frequency of Discharge Attempts
The data presented in this section place the events reported by Table 1 in context of
the overall experience of the House with discharge attempts. Table 2 shows fluctuations
in the overall frequency with which House Members initiated discharge attempts. After the
present form of rule was established in 1931, its use remained relatively common
throughout the New Deal and World War II periods. In the 1950s and 1960s, during the
ascendancy of the “conservative coalition” and the following period of substantial
Democratic majorities, the rule was used much less frequently.
The increase in discharge attempts in the 1970s may reflect the search for new means
of agenda access by the increasingly assertive Republican minority of the period. A
corresponding decline in the 1980s may reflect a developing sense that discharge offered
no promising avenue toward that end. Because a successful discharge attempt requires
support from a majority of the House, Members may have found the procedure ill-adapted
to measures favored chiefly among the minority party. More frequent use of discharge in
the 103rd and 104th Congresses appears to have been encouraged by both the 1993
amendment to the rule, making the names of signers public (see previous section), and the
change of party control in the House in 1995. It is not yet clear whether these increases
will prove enduring.
Use of the Three Forms of Discharge
The 1931 discharge rule was drafted with the idea that the method of discharging the
Committee on Rules from a special rule to extract an unreported measure from committee
and bring it to the floor would become the normal use of the rule.13 As Table 2 shows,
however, in most Congresses since that time, most Members attempting to use the
discharge procedure to bring an unreported measure to the floor appear to have been
either unaware of this method of discharge, or not attracted by its potential advantages.
Only in four Congresses, including the 104th and 106th, were discharge petitions against
special rules on unreported measures more common than those against unreported
measures themselves.
Table 2 also indicates that attempts to discharge special rules for the consideration
of reported measures occurred chiefly during the period of “conservative coalition” control
of the Committee on Rules (roughly 1937-1960). During this period, the Committee on
Rules recurrently declined to respond to committee and leadership requests to report
special rules for considering measures reported by committees. Supporters of these
measures sometimes sought to overcome this obstacle by attempting to discharge the
Committee on Rules from a special rule for considering the reported measure. The data
in Table 2 suggest that, because this situation made Members focus on the possibility of
13Beth, Control of the Floor Agenda, pp. 13-14, 20-23.

---

CRS-16
discharge on special rules for reported measures, it may have led them to overlook that the
discharge procedure could also be used on special rules for unreported measures.
Table 2. Discharge Petitions Filed, 1931-2000
Discharge Petitions Filed
Congress
On Unreported
On Special Rules for Considering
and (Years)
Measures (Other
than Special
Total
Unreported
Reported
Rules)
Measures
Measures
72nd (1931-1933)
9
-
3 A
12
73rd (1933-1934)
28
-
3
31
74th (1935-1936)
25 B
4
4
33 B
75th (1937-1938)
20
20
3
43
76th (1939-1940)
21 C
14
2
37 C
77th (1941-1942)
11
4
-
15
78th (1943-1944)
14
7
-
21
79th (1945-1946)
28
6
1
35
80th (1947-1948)
15
3
2
20
81st (1949-1950)
24
3
7
34
82nd (1951-1952)
14
-
-
14
83rd (1953-1954)
6
-
4
10
84th (1955-1956)
3
2
1
6
85th (1957-1958)
2
1
4
7
86th (1959-1960)
1
3
3
7
87th (1961-1962)
2
4
-
6
88th (1963-1964)
2
2
1
5
89th (1965-1966)
4
2
-
6
90th (1967-1968)
2
2
-
4
91st (1969-1970)
9
1
2
12
92nd (1971-1972)
13
1
1
15
93rd (1973-1974)
9
1
-
10
94th (1975-1976)
13
-
2
15
95th (1977-1978)
11
-
-
11
96th (1979-1980)
13
1
-
14

---

CRS-17
Discharge Petitions Filed
Congress
On Unreported
On Special Rules for Considering
and (Years)
Measures (Other
than Special
Total
Unreported
Reported
Rules)
Measures
Measures
97th (1981-1982)
23
1
-
24
98th (1983-1984)
6
4
3
13
99th (1985-1986)
6
3
1
10
100th (1987-1988)
3
2 D
-
5 D
101st (1989-1990)
5
3
-
8
102nd (1991-1992)
5
3
-
8
103rd (1993-1994)
14
12
-
26
104th (1995-1996)
2
13
-
15
105th (1997-1998)
4 E
3
1
8
106th (1999-2000)
-
11
-
11
TOTAL (1931-2000)
367
136
48
551
Source: House Final Calendars for the Congresses indicated. Beth, Discharge Rule:
Procedure, pp. 77-82. Beth, Control of the House Floor Agenda, pp. 62-63. Table 1.
A Includes one measure reported adversely.
B Includes one petition whose type is unknown.
C Includes one petition filed and later withdrawn.
D One petition was filed on a rule for considering two measures. It is counted as one petition
and not two.
E Includes one petition to waive a rule to permit introduction and consideration of a bill.

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CRS-18
Success of Discharge Attempts
Table 3 indicates the success of discharge petitions at bringing about action through
the discharge procedure itself.14 Only in a few Congresses since 1947 has more than one
petition received the full 218 signatures needed for entry on the discharge calendar. On
average throughout the entire period, no more than one in ten petitions has been entered.
Getting the measure to the floor. Between 1939 and 1972, when a discharge
petition was entered, the motion was almost always offered on the floor and almost always
approved. If supporters of a measure could secure 218 signatures, they could be
confident that their measure would receive floor consideration through the discharge
procedure. Before and after that period, however, entry of a petition did not guarantee
that a discharge motion would ever actually be offered on the floor, much less adopted.
Instead, the committees of referral, the leadership, and the Committee on Rules commonly
used a variety of devices to preempt further proceedings under the discharge rule. In the
1980s and 1990s, these often involved bringing up the measure, or an alternative proposal,
under terms of an alternative special rule reported from the Committee on Rules. When
this course of action occurs, proponents of the discharge effort succeed in bringing about
consideration of legislation on the subject, but not necessarily of their preferred measure,
and not on their own terms.
Passing the measure. Even when a measure does come to the floor pursuant
to the discharge procedure, it still does not guarantee that the House will agree to the
measure. This finding might be thought surprising, for a measure can reach the floor
through discharge only if a majority of Members (1) sign the petition, (2) vote for the
discharge motion, and also (3) vote for the special rule or consideration of the measure.
A measure that can pass these tests would seem to have a manifest capacity to command
majority support in the House. Many of the measures reaching the floor through discharge,
however, have been proposed constitutional amendments. Recent examples begin with
the Equal Rights Amendment in the 91st Congress, and continue through the Balanced
Budget Amendment in the 97th and 100th through 103rd Congresses; several appear in
Table 1. Such proposals may possess the majority support required for discharge, yet
lack the two-thirds support required for their adoption.
Enacting the measure. Finally, only two measures have become law after being
considered pursuant to discharge: a federal pay act in the 86th Congress, and the Wages
and Hours Act in the 75th (the first minimum wage law). Measures facing sufficient
opposition to block their consideration in the House under regular procedures often suffer
from strong opposition at other stages of the legislative process as well.
14For the success of discharge petitions at bringing about action through other procedures,
see the next section and Table 4.

---

CRS-19
Table 3. Proceedings Under the House Discharge Rule, 1931-2000
Discharge Motion
Underlying Measure C
Congress
Discharge
Committee
and (Years)
Petitions
Called
Discharged
Passed
Received Final
Filed
Entered A
up B
House
Approval D
72nd (1931-1933)
12
5
5
1
1
-
73rd (1933-1934)
31
6
1
1
1
-
74th (1935-1936)
33
3
2
2 E
-
-
75th (1937-1938)
43
4
4
3 F
2
1
76th (1939-1940)
37 G
2
2
2
2
-
77th (1941-1942)
15
1
1
1
1
-
78th (1943-1944)
21
3
3
3
3
1 H
79th (1945-1946)
35
3
1
1
1
-
80th (1947-1948)
20
1
1
1
1
-
81st (1949-1950)
34
3 I
1
1
1
-
82nd (1951-1952)
14
-
-
-
-
-
83rd (1953-1954)
10
1
1
1
1
-
84th (1955-1956)
6
-
-
-
-
-
85th (1957-1958)
7
1
1
1
1
-
86th (1959-1960)
7
1
1
1
1
1
87th (1961-1962)
6
-
-
-
-
-
88th (1963-1964)
5
-
-
-
-
-
89th (1965-1966)
6
1
1
1
1
-
90th (1967-1968)
4
-
-
-
-
-
91st (1969-1970)
12
1
1
1
1
-
92nd (1971-1972)
15
1
1
1
-
-
93rd (1973-1974)
10
-
-
-
-
-
94th (1975-1976)
15
-
-
-
-
-
95th (1977-1978)
11
-
-
-
-
-
96th (1979-1980)
14
2
1
1
-
-
97th (1981-1982)
24
1
-
-
-
-
98th (1983-1984)
13
1
-
-
-
-
99th (1985-1986)
10
1
-
-
-
-

---

CRS-20
Discharge Motion
Underlying Measure C
Congress
Discharge
Committee
and (Years)
Petitions
Called
Discharged
Passed
Received Final
Filed
Entered A
up B
House
Approval D
100th (1987-1988)
5 J
-
-
-
-
-
101st (1989-1990)
8
1
-
-
-
-
102nd (1991-1992)
8
1 K
1 K
1 K
-
-
103rd (1993-1994)
26
2 K
2 K
2 K
1
1 H
104th (1995-1996)
15
-
-
-
-
-
105th (1997-1998)
8
-
-
-
-
-
106th (1999-2000)
11
-
-
-
-
-
TOTALS
551
46
31
26
19
4
(1931-2000)
Source: House Final Calendars for the Congresses indicated. Beth, Discharge Rule: Procedure, pp. 74-75.
Table 1.
A A discharge petition is “entered” on the discharge calendar when it receives the signatures of 218 Members.
B A discharge motion may be offered on the floor on any second or fourth Monday falling at least seven
legislative days after the discharge petition is entered (as described in the previous note). Usually, each day on
which the House convenes is a legislative day.
C A discharge petition may be filed to bring to the floor either a substantive measure in committee or a “special
rule” from the Committee on Rules providing for House consideration of such a measure that is either in committee
or was previously reported. The last two columns of this table reflect action on the underlying substantive measure,
not on the special rule, if any, on which discharge was directly sought.
D Includes measures that reached the following status: (1) became law, for bills and joint resolutions; (2)
submitted to the states for ratification; for joint resolutions proposing constitutional amendments; (3) agreed to by
the House, for House resolutions; and (4) finally agreed to by both chambers, for concurrent resolutions.
E One of the measures from which a committee was discharged was not subsequently considered by the
House.
F The Committee on Rules was discharged from a special rule for consideration of one measure, and the
measure was then taken up but recommitted. The Committee on Rules was subsequently discharged from a second
special rule for considering the measure. This measure is counted twice in this column and those further to the left,
but only once in those further to the right.
G Includes one petition filed and later withdrawn.
H Resolution changing House rules.
I Includes one petition entered with respect to a special rule on a measure and another entered on the same
measure directly.
J Includes one petition filed on a special rule for considering two measures.
K Includes one measure in the 102nd Congress, and two in the 103rd, from which the committee was discharged,
and which were brought to the floor, by unanimous consent, after the discharge petition was entered.

---

CRS-21
Other Forms of Action on Measures Subjected to
Discharge Attempts
Action After a Petition Is Entered. The entry of a discharge petition
practically guarantees that supporters will have an opportunity to bring the measure to the
floor. When action occurs at this point not pursuant to the discharge rule itself, but under
other procedures, it presumably represents an attempt by the committee, leadership, or
Committee on Rules to recover control of the floor by taking action to preempt the
opportunity that the discharge rule itself affords. The left-hand portion of Table 4 shows
how frequently measures received floor action under other procedures after a discharge
petition received 218 signatures and was entered on the discharge calendar.

From 1951 through 1978, such action never occurred; previously and thereafter, it
occurred seldom. Yet every measure that has reached the floor after a discharge petition
was entered, but under other procedures, has been passed by the House and gone on to
final approval, except proposed constitutional amendments (the Balanced Budget
Amendment in the 97th and 101st Congresses). This record of success is substantially
more favorable than that for measures considered pursuant to the discharge procedure
itself.
Before 1951, when alternative floor action occurred after a petition was entered, it
usually meant that the committee of referral would report and call up the measure under
usual procedures. After 1978, by contrast, the committee usually did not report the
measure; instead, the alternative action usually involved consideration of an alternative
special rule or alternative measure on the same subject. Alternative actions of this sort are
included in Table 4 when identifiable. Most recently, however, supporters of discharge
have not permitted these attempted alternative actions to forestall further proceedings by
discharge. Instead, the last three times a petition has been entered (including Balanced
Budget Amendments in the 102nd and 103rd Congresses; see Table 1), supporters have
arranged for the committee to be discharged, and for the measure to be considered, by
unanimous consent.
Action When No Petition Is Entered. The right-hand side of Table 4 shows
that alternative action has occurred more frequently on measures for which discharge
petitions had not achieved the requisite 218 signatures. Approximately half the measures
considered under such circumstances proceeded to final approval, a proportion
intermediate between that for measures considered pursuant to discharge and for measures
considered under alternate procedures after a petition was entered. Again, action on
alternative measures on the same subject, or pursuant to alternative special rules, is
included in Table 4 where it could be identified.
Action on measures with petitions pending was especially common before the mid-
1960s, then disappeared entirely until the 1980s. The alternative action in these cases may
represent attempts by the committee of referral, or the leadership, to preempt a discharge
effort that they perceive as likely to succeed. For petitions that attract few signers,
however, the force of discharge as a threat is presumably minimal, so that any alternative

---

CRS-22
action may have occurred simply in the normal course of committee and leadership activity.
Some of these discharge efforts may have occurred in part because supporters of the
measures underestimated the likelihood of success through normal procedures. For
Congresses prior to the 103rd, of course, there is usually no way of knowing definitely
whether a petition obtained few or many signatures.
Summary
Table 5 brings together action under other procedures that may have been related to
the presence of a discharge effort, as discussed just above, with action under the discharge
rule itself, as discussed in the previous section. The first three data columns in Table 5
repeat the last three columns of Table 2, on action under the discharge rule, except for
omitting one early case in which the House voted for discharge but never considered the
measure in question. The second three data columns represent the sum of the entries in the
two parts of Table 4, on action under other procedures on measures subjected to
discharge attempts. The last three columns represent the sum of the entries in the previous
two parts of the table, thereby covering all action on measures on which discharge attempts
took place.
These summary columns show that overall, between 1931 and 2000, 66 of the 551
measures against which discharge petitions were filed were considered in the House either
by discharge or under other procedures. As already mentioned, an additional few were
reported, though not considered. Some of these measures may have received action for
reasons unrelated to the filing of the discharge petition. Supporters of most, however,
presumably believed discharge action necessary because the measure was otherwise
unlikely to reach the floor, and also believed that attempting discharge would enhance the
measure’s prospects. The frequency with which measures on which discharge petitions
were filed reach the floor by some means, as compared with the frequency for all
measures, offers some support for this proposition.

---

CRS-23
Table 4. Measures on Which Discharge Petitions Were Filed,
But That Received Action Under Other Procedures, 1931-2000
Action on Measure
Action on Measure
After Petition Entered A
Without Petition Being Entered A
Congress
and (Years)
Passed
Received Final
Passed
Received Final
Considered
House
Approval B
Considered
House
Approval B
72nd (1931-1933)
-
-
-
1
1
-
73rd (1933-1934)
1
1
1
-
-
-
74th (1935-1936)
-
-
-
3
3
2
75th (1937-1938)
-
-
-
2
1
1
76th (1939-1940)
-
-
-
2
2
1
77th (1941-1942)
-
-
-
-
-
-
78th (1943-1944)
-
-
-
-
-
-
79th (1945-1946)
2
2
2
-
-
-
80th (1947-1948)
-
-
-
1
1
1
81st (1949-1950)
1
1
1
4
3
-
82nd (1951-1952)
-
-
-
1
1
1
83rd (1953-1954)
-
-
-
1
1
1
84th (1955-1956)
-
-
-
1
1
-
85th (1957-1958)
-
-
-
4 C
4 C
2 C
86th (1959-1960)
-
-
-
1
1
1
87th (1961-1962)
-
-
-
-
-
-
88th (1963-1964)
-
-
-
1
1
1
89th (1965-1966)
-
-
-
-
-
-
90th (1967-1968)
-
-
-
-
-
-
91st (1969-1970)
-
-
-
-
-
-
92nd (1971-1972)
-
-
-
-
-
-
93rd (1973-1974)
-
-
-
-
-
-
94th (1975-1976)
-
-
-
-
-
-
95th (1977-1978)
-
-
-
-
-
-
96th (1979-1980)
1
1
1
-
-
-
97th (1981-1982)
1
-
-
-
-
-
98th (1983-1984)
1
1
1
3
3
2

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CRS-24
Action on Measure
Action on Measure
After Petition Entered A
Without Petition Being Entered A
Congress
and (Years)
Passed
Received Final
Passed
Received Final
Considered
House
Approval B
Considered
House
Approval B
99th (1985-1986)
1
1
1
-
-
-
100th (1987-1988)
-
-
-
-
-
-
101st (1989-1990)
1
-
-
1
-
-
102nd (1991-1992)
-
-
-
-
-
-
103rd (1993-1994)
-
-
-
3
3
3
104th (1995-1996)
-
-
-
2
2
1
105th (1997-1998)
-
-
-
-
-
-
106th (1999-2000)
-
-
-
1
1
-
TOTAL
9
7
7
32
29
17
(1931-2000)
Source: House Final Calendars for the Congresses indicated. Beth, Discharge Rule: Procedure,
pp. 86-89. Table 1.
A Includes action on alternate measures, where identifiable. A discharge petition is “entered” on the
discharge calendar when it receives the signatures of 218 Members.
B Includes measures that reached the following status: (1) became law, for bills and joint resolutions;
(2) submitted to the states for ratification; for joint resolutions proposing constitutional amendments; (3) agreed
to by the House, for House resolutions; and (4) finally agreed to by both chambers, for concurrent resolutions.
C Petitions were filed on special rules for both initial consideration of, and disposition of Senate
amendments to, one measure. On each occasion the Committee on Rules reported, and the House adopted,
an alternate special rule. This measure is accordingly counted twice in the “considered” and “passed House”
columns, but only once under “received final approval.”

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CRS-25
Table 5. Action on Measures on Which Discharge Petitions Were Filed, 1931-2000
Action Under Discharge
Action Under Other ProceduresA
TotalA
Congress
ProcedureA
(and years)
Considered
Passed
Received Final
Considered
Passed
Received Final
Considered
Passed
Received Final
House
ApprovalB
House
ApprovalB
House
ApprovalB
72nd (1931-1933)
1
1
-
1
1
-
2
2
-
73rd (1933-1934)
1
1
-
1
1
1
2
2
1
74th (1935-1936)
1 C
-
-
3
3
2
4
3
2
75th (1937-1938)
3 D
2
1
2
1
1
5 D
3
2
76th (1939-1940)
2
2
-
2
2
1
4
4
1
77th (1941-1942)
1
1
-
-
-
-
1
1
-
78th (1943-1944)
3
3
1 E
-
-
-
3
3
1 E
79th (1945-1946)
1
1
-
2
2
2
3
3
2
80th (1947-1948)
1
1
-
1
1
1
2
2
1
81st (1949-1950)
1
1
-
5
4
1
6
5
1
82nd (1951-1952)
-
-
-
1
1
1
1
1
1
83rd (1953-1954)
1
1
-
1
1
1
2
2
1
84th (1955-1956)
-
-
-
1
1
-
1
1
-
85th (1957-1958)
1
1
-
4
4
2 F
5
5
2 F
86th (1959-1960)
1
1
1
1
1
1
2
2
2
87th (1961-1962)
-
-
-
-
-
-
-
-
-
88th (1963-1964)
-
-
-
1
1
1
1
1
1
89th (1965-1966)
1
1
-
-
-
-
1
1
-

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CRS-26
Action Under Discharge
Action Under Other ProceduresA
TotalA
Congress
ProcedureA
(and years)
Considered
Passed
Received Final
Considered
Passed
Received Final
Considered
Passed
Received Final
House
ApprovalB
House
ApprovalB
House
ApprovalB
90th (1967-1968)
-
-
-
-
-
-
-
-
-
91st (1969-1970)
1
1
-
-
-
-
1
1
-
92nd (1971-1972)
1
-
-
-
-
-
1
-
-
93rd (1973-1974)
-
-
-
-
-
-
-
-
-
94th (1975-1976)
-
-
-
-
-
-
-
-
-
95th (1977-1978)
-
-
-
-
-
-
-
-
-
96th (1979-1980)
1
-
-
1
1
1
2
1
1
97th (1981-1982)
-
-
-
1
-
-
1
-
-
98th (1983-1984)
-
-
-
4
4
3
4
4
3
99th (1985-1986)
-
-
-
1
1
1
1
1
1
100th (1987-1988)
-
-
-
-
-
-
-
-
-
101st (1989-1990)
-
-
-
2
-
-
2
-
-
102nd (1991-1992)
1 G
-
-
-
-
-
1 G
-
-
103rd (1993-1994)
2 G
1
1 E
3
3
3
5 G
4
4 E
104th (1995-1996)
-
-
-
2
2
1
2
2
1
105th (1997-1998)
-
-
-
-
-
-
-
-
-
106th (1999-2000)
-
-
-
1
1
-
1
1
-
TOTALS
25
19
4
41
36
24
66
55
28
(1931-2000)
Source: Tables 3 and 4.
Notes appear on following page.

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CRS-27
Notes to Table 5
A Includes action on alternate measures, where identifiable.
B Includes measures that reached the following status: (1) became law, for bills and joint resolutions; (2) submitted to the states for ratification,
for joint resolutions proposing constitutional amendments; (3) agreed to by the House, for House resolutions; and (4) finally agreed to by both chambers,
for concurrent resolutions.
C On one additional measure, not counted in this table, the committee was discharged but the House never proceeded to consider the measure.
D The Committee on Rules was discharged from a special rule for the consideration of one measure, and the measure was then considered but
recommitted. The Committee on Rules was subsequently discharged from a second special rule for considering the measure. This measure is counted
twice under “considered” but only once under “passed House” and “received final approval.”
E One resolution changing House rules.
F For one measure, petitions were filed on special rules both for initial consideration and for disposition of Senate amendments. On each occasion
the Committee on Rules reported, and the House adopted, an alternate special rule. This measure is accordingly counted twice in the “considered”
and “passed House” columns, but only once under “received final approval.”
G Includes one measure in the 102nd Congress, and two in the 103rd, that were taken from committee and brought to the floor by unanimous
consent after the discharge petition was entered.

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CRS-28
Number of Signers
Prior to the 103rd Congress (1993-1994), the names of Members signing a discharge
petition were treated as confidential unless the full required number of Members signed,
in which case the names were printed in the Congressional Record.15 Pursuant to an
amendment to the rule adopted in 1993, names of those signing discharge petitions each
week are now also printed in the last issue of the Record for that week. In addition, the
names of signers of discharge petitions are available through the Office of the Clerk.16 The
listings in the Record identify discharge petitions only by the number of the measure against
which they are filed; their subjects are set forth in the index entry for “Discharge” in the
House Calendar.17
Tables 6 through 9 list all the discharge petitions filed in the 103rd through 106th
Congresses (respectively) in order of the number of Members signing each. These tables
offer a sense of the range of support that discharge petitions may attract.
Each petition is identified by (1) its number, (2) the special rule, if any, that it
proposes to bring to the floor, and (3) the number and subject of the underlying measure
that it proposes ultimately to bring to the floor. These listings enable identification of what
subjects have been addressed by discharge attempts during the past three Congresses.
Also shown is the date on which each petition was filed, for the number of signatures
obtained may be affected by how late in the Congress the discharge process was initiated.
Where known, certain other circumstances that may have affected the number of signatures
obtained are also noted.
Examination of these tables shows that the levels of support discharge petitions obtain
fall into groupings fairly clearly separated in size. Although no assurance can be given that
future Congresses may display similar groupings, the consistency with which these have
continued to appear may suggest the presence of a general pattern.
A first grouping includes only three petitions (all in the 103rd Congress) that gained
more signatures than the strength of the minority party. Two of these attained the full 218
signatures; the third, on the “A to Z” spending reduction measure, fell short of that level
because of an active counter-campaign by the leadership.18 Petitions that reach this level
15On this change in rules, see Subcommittee on Rules of the House, Discharge Petition
Disclosure.
16They may be examined by request at the Legislative Resource Center, Office of the Clerk,
B106 Cannon House Office Building. For recent Congresses, they are also posted on the
Clerk’s web site through: [http://clerkweb.house.gov/mbrcmtee/legis/pastleg.htm].
17Calendars of the United States House of Representatives and History of Legislation
is published by the Clerk of the House and distributed to congressional offices each day the
House is in session. Its index appears in the first issue published during each week. The
contents of this document are cumulative throughout the Congress, so that the final edition
for each Congress is a useful compilation of information about its actions.
18George Hager, “Appeal of ‘A to Z’ Puts Leaders in a Precarious Position,”
(continued...)

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CRS-29
of support evidently must draw at least some support from each party, and therefore may
be most likely to appear on legislation that commands support from a bipartisan coalition.
A second grouping of 26 petitions was signed by fewer Members than the strength
of the minority party, but more than half that number (usually, by more than 100). Petitions
with this level of support appear especially in the 103rd and 106th Congresses; in the 106th,
in fact, almost all petitions fell in this grouping. House records do not identify the party of
signers, but this level of support suggests a discharge effort that may have been favored
principally by the minority, sometimes by an essentially united party and at least by a
majority thereof.
During the four Congresses covered, only two petitions received between 60 and 95
signatures. Thirteen, by contrast, received between 30 and 60 signatures. Whether or not
the signers drew principally from a single party in the House, petitions in this third grouping
cannot be associated with a party in the same sense as some may be in the previous one,
inasmuch as their level of support could not constitute a majority of either party. This level
of support nevertheless represents a potentially significant segment of the House, so that
it may often be appropriate to view these petitions as representing factional discharge
efforts.
A fourth grouping includes the nine petitions that obtained three signatures or fewer.
These appear to be understandable essentially as individualistic discharge efforts. The
remaining eight petitions obtained between seven and 30 signatures, arrayed more loosely
between the third and fourth groups. Some of these might also be considered factional
discharge efforts.
18(...continued)
Congressional Quarterly Weekly Report, vol. 52, June 25, 1994, pp. 1681-1684. George
Hager, “Gephardt Pledges Votes on Cuts As ‘A to Z’ Holds at 204 Signers,”
Congressional Quarterly Weekly Report, vol. 52, July 2, 1994, p. 1773.

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CRS-30
Table 6. Discharge Petitions in the 103rd House (1993-1994),
by Number of Signers
Measure Subjected to Discharge
Final
Petition
Date
Special
Underlying Measure
Number
Number
Filed
Rule
of
(If Any)
Number
Subject
Signers
2
5/27/93
- - -
H.Res. 134
Public discharge signatures
218
14
2/24/94
H.Res. 331
H.J.Res.
Balanced budget
218
103
constitutional amendment
16
5/4/94
H.Res. 407
H.R. 3266
Spending reductions
204
(“A to Z bill”)
25
8/3/94
H.Res. 489
H.R. 410
Unfunded mandates
173
13
2/9/94
- - -
H.Res. 281
Sense of House on child
167
pornography
21
5/26/94
H.Res. 405
S. 1458
Aircraft manufacturer liability
160
23
6/29/94
- - -
H.R. 3875
Protect property against
149
environmental enforcement
(wetlands, species)
17
5/4/94
H.Res. 368
H.R. 3500
Welfare reform
147
18
5/11/94
H.Res 402
H.R. 300
Social security earnings test
133
11
1/26/94
- - -
H.Res. 247
Point of order against
128
retroactive taxes
1
5/11/93
- - -
H.R. 493
Line item rescission
127
12
2/9/94
- - -
H.R. 3261
Internal Revenue Service
116
(IRS) staff liability for
litigation awards
3
7/1/93
- - -
H.J.Res.
Term limits constitutional
109
38
amendment
10
11/21/93
H.Res. 295
H.R. 2672
Crime
107
19
5/17/94
H.Res. 415
H.R. 830
Judicial review of Regulatory
102
Flexibility Act compliance
4
9/23/93
- - -
H.J.Res. 9
Balanced budget
97
constitutional amendment
15
3/24/94
H.Res. 382
H.R. 65
Military disability and
54
retirement

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CRS-31
Measure Subjected to Discharge
Final
Petition
Date
Special
Underlying Measure
Number
Number
Filed
Rule
of
(If Any)
Number
Subject
Signers
5
9/28/93
- - -
H.Res. 156
Debt limit
53
22
6/22/94
H.Res. 409
H.R. 3835
Advisory referendum on term
52
limits
26
8/5/94
H.Res. 472
H.R. 3801
Congressional reform
49
9
10/19/93
- - -
H.Res. 227
Somalia withdrawal
47
6
10/7/93
- - -
H.R. 1025
Handgun regulation
10
20
5/25/94
- - -
H.J.Res.
Pearl Harbor remembrance
7
131
day
2
7/12/94
H.Res. 459
H.R. 3266
Spending reductions
2
(“A to Z bill”)
7
10/14/93
- - -
H.J.Res.
Term limits constitutional
1
146
amendment
8
10/14/93
- - -
H.Res. 125
House reform
1
Source: See Table 9.

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CRS-32
Table 7. Discharge Petitions in the 104th House (1995-1996),
by Number of Signers
Measure Subjected to Discharge
Final
Petition
Date
Special
Underlying Measure
Number
Number
Filed
Rule
of
(If Any)
Number
Subject
Signers
8
1/24/96
H.Res. 292
H.R. 2409
Debt limit
173
6
11/17/95
H.Res. 242
H.R. 2261
Lobbying; gift ban
88
2
3/22/95
H.Res. 111
H.R. 807
International Monetary Fund
55
(IMF) assistance to Mexico
15
7/17/96
H.Res. 466
H.R. 2275
Endangered species
51
amendments
12
3/21/96
H.Res. 373
H.R. 2566
Campaign finance
46
13
6/25/96
H.Res. 443
H.R. 1627
Pesticides and food safety
41
1
3/15/95
- - -
H.R. 125
Repeal assault weapon ban
26
9
1/30/96
H.Res. 333
H.R. 2530
Budget balancing
25
4
5/3/95
H.Res. 127
H.Res. 40
Gift ban
23
7
11/9/95
H.Res. 246
H.R. 302
Debt limit
17
14
6/27/96
H.Res. 425
H.R. 2915
Welfare reform
16
11
3/7/96
H.Res. 364
H.R. 125
Repeal assault weapon ban
3
5
11/7/95
H.Res. 240
H.R. 1710
Terrorism
2
10
3/7/96
H.Res. 210
H.R. 464
Repeal assault weapon ban
1
3
4/5/95
- - -
H.R. 920
Repeal Violent Crime Control
1
and Law Enforcement Act of
1994
Source: See Table 9.

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CRS-33
Table 8. Discharge Petitions in the 105th House (1997-1998),
by Number of Signers
Measure Subjected to Discharge
Final
Petition
Date
Special
Underlying Measure
Number
Number
Filed
Rule
of
(If Any)
Number
Subject
Signers
3
10/24/97
H.Res. 259
H.R. 1366
Campaign finance
191 A
7
7/20/98
H.Res. 486
H.R. 3605
Patients’ rights
189 B
4
6/11/98
- - -
H.R. 306
Genetic discrimination
64
6
6/25/98
H.Res. 473
H.R. 3580
Supplemental appropriations
45
1
9/11/97
- - -
H.Res. 141
Presidents’ Day holiday
40
2
10/9/97
- - -
H.R. 1984
Air quality standards
31
moratorium
5
6/23/98
H.Res. 467
H.R. 3526
Campaign finance
8
8
9/17/98
- - -
H.R. 836
Filipino military service
1
Source: See Table 9.
A Sixteen additional Members signed and later withdrew their signatures.
B One additional Member signed and later withdrew the signature.

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CRS-34
Table 9. Discharge Petitions in the 106th House (1999-2000),
by Number of Signers
Measure Subjected to Discharge
Final
Number
Petition
Date
Special
Underlying Measure
of
Number
Filed
Rule
Signers
(if any)
Number
Subject
1
4/14/99
H.Res. 122
H.R. 417
Campaign finance
202
10
6/21/00
H.Res. 508
H.R. 3688
Campaign finance
196
9
5/11/00
H.Res. 478
H.R. 773
Older Americans Act
191
reauthorization
5
8/4/99
H.Res. 240
H.R. 1660
Public school modernization
189
3
6/23/99
H.Res. 197
H.R. 358
“Patients’ Bill of Rights”
184
11
6/21/00
H.Res. 520
H.R. 2457
Genetic discrimination
178
6
10/5/99
H.Res. 301
H.R. 325
Minimum wage
165
7
2/16/00
H.Res. 371
H.R. 664
Medicare prescription drug
148
benefit
8
2/16/00
H.Res. 372
H.R. 1495
Medicare prescription drug
143
benefit
4
7/15/99
H.Res. 192
H.R. 1037
Large ammunition clip imports
103
2
4/20/99
H.Res. 126
H.R. 417
Campaign finance
3 A
Source: Records of discharge petitions in the Legislative Resources Center, Office of the Clerk
of the House, B106 Cannon House Office Building, and at:
[http://clerkweb.house.gov/mbrcmtee/legis/pastleg.htm].
Additional information was drawn from the House Final Calendar and the Legislative Information
System of the U.S. Congress (at [http://www.congress.gov/]) for the Congresses in question.
A One additional Member signed and later withdrew the signature.

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