THE OFFICE OF CONGRESSIONAL PROCEDURE ACT¶
A Bill to Establish Professional, Nonpartisan Congressional Procedural Infrastructure¶
Revision 1.3¶
TITLE I: ESTABLISHMENT AND PURPOSE¶
Section 101. Short Title¶
This Act may be cited as the "Office of Congressional Procedure Act" or "OCP Act."
Section 102. Congressional Findings¶
Congress finds the following:
(1) Congressional procedure has become increasingly concentrated in the hands of a small number of leadership positions, enabling agenda control that functions as an unaccountable veto over legislation with broad support.
(2) The current procedural framework assumes binary conflict between majority and minority factions, creating incentives for domination rather than coalition-building.
(3) Professional, nonpartisan procedural infrastructure exists in virtually every other advanced democratic legislature and contributes to legislative functionality and public confidence.
(4) Proportional allocation of procedural authority -- including floor time, committee leadership, and amendment access -- enables coalition governance and reduces zero-sum legislative dynamics.
(5) Transparency regarding procedural manipulation creates accountability and political cost for abuse of process.
(6) Each House retains ultimate constitutional authority to determine its rules; professional procedural infrastructure enforces rules that Congress itself adopts.
(7) Phased implementation allows institutional adaptation while protecting the reform from premature reversal.
(8) Existing mechanisms for bypassing leadership obstruction, including discharge petitions, are functionally ineffective due to political costs imposed on participants, undermining the democratic principle that legislation with majority support should receive consideration.
(9) The Senate's constitutional role in advice and consent on judicial nominations is undermined when procedural obstruction prevents consideration of nominations entirely, as demonstrated by extended refusals to hold hearings or votes on Supreme Court nominees.
Section 103. Statement of Purpose¶
The purposes of this Act are to:
(1) Establish a professional, nonpartisan Office of Congressional Procedure to serve as the authoritative source on congressional rules, precedent, and procedure.
(2) Create institutional infrastructure for proportional allocation of procedural authority across party groups.
(3) Prevent procedural manipulation that buries legislation without recorded votes or public accountability.
(4) Reduce crisis governance by enforcing budget process deadlines and preventing procedural hostage-taking.
(5) Enable transition from adversarial to coalitional legislative procedure.
(6) Bring United States congressional procedure in line with international best practices.
(7) Reform discharge petition procedures to create a credible pathway for floor consideration of legislation with demonstrated majority support.
(8) Ensure timely Senate consideration of Supreme Court nominations to prevent indefinite obstruction of the constitutional appointment process.
Section 104. Establishment of the Office of Congressional Procedure¶
(a) There is established within the legislative branch an office to be known as the Office of Congressional Procedure (hereinafter "the Office" or "OCP").
(b) The Office shall serve both the House of Representatives and the Senate.
(c) The Office shall be independent of the leadership of either chamber and shall not be subject to direction by any member, committee, or leadership office except as expressly provided in this Act.
(d) The Office shall not be placed under the authority of any Executive department or agency.
Section 105. Mission¶
The mission of the Office of Congressional Procedure is to ensure that congressional procedure operates fairly, transparently, and proportionally, in accordance with rules adopted by each chamber, regardless of which party holds the most seats or which individuals occupy leadership positions.
END OF TITLE I
TITLE II: DEFINITIONS¶
Section 201. Definitions¶
For purposes of this Act:
(a) Office means the Office of Congressional Procedure established under Section 104.
(b) Board means the Board of Congressional Procedure established under Section 301.
(c) Director means the Director of Congressional Procedure appointed under Section 302.
(d) Party Group means a caucus or conference of members affiliated with the same political party, recognized by the relevant chamber as the organizational unit for that party's members. The term replaces and is equivalent to references to "majority party" or "minority party" for purposes of procedural allocation under this Act.
(e) Floor Leader means the member designated by a party group to manage that group's proportional procedural allocation. This is a party-internal role and does not confer chamber office or special procedural authority beyond management of the party group's allocated resources.
(f) Proportional Allocation means the distribution of procedural authority -- including floor time, committee leadership positions, amendment opportunities, and agenda slots -- based on each party group's share of seats in the relevant chamber.
(g) Presiding Officer means the Speaker of the House of Representatives or the President pro tempore of the Senate, or their designee, acting in the capacity of neutral referee of chamber proceedings.
(h) Procedural Authority means control over scheduling, floor time, committee assignments, amendment consideration, calendar management, and other elements of legislative process.
(i) Advisory Opinion means a nonbinding interpretation or recommendation issued by the Office regarding procedural questions.
(j) Binding Ruling means a determination by the Office that carries presumptive or mandatory force under the phased authority provisions of Title V.
(k) Proportional Allocation Report means the document published by the Office at the start of each Congress calculating each party group's proportional share of procedural authority.
(l) Procedural Transparency Report means the quarterly publication documenting departures from Office guidance, proportional allocation shortfalls, and procedural obstruction.
(m) Multi-Party Condition means a state in which three or more party groups hold seats in either chamber of Congress.
(n) Coalition Governance Condition means a state in which the Speaker of the House is elected with the recorded support of members from two or more party groups, or in which a governing coalition is formally announced comprising two or more party groups.
(o) Discharge Petition means a petition filed by members of the House of Representatives to bring a bill to the floor that has been held in committee, as reformed by Section 505A of this Act.
(p) Confidential Signature Period means the period during which signatures on a discharge petition are recorded but not publicly disclosed, as provided in Section 505A.
(q) Nomination Consideration Deadline means the timeline established under Section 505B for Senate action on Supreme Court nominations.
END OF TITLE II
TITLE III: GOVERNANCE AND STRUCTURE¶
Section 301. Board of Congressional Procedure¶
(a) Establishment. There is established a Board of Congressional Procedure to oversee the Office.
(b) Composition. The Board shall consist of eight members, appointed as follows:
(1) Two members appointed by the Speaker of the House of Representatives.
(2) Two members appointed by the Minority Leader of the House of Representatives.
(3) Two members appointed by the Majority Leader of the Senate.
(4) Two members appointed by the Minority Leader of the Senate.
(c) Qualifications. Board members shall:
(1) Have demonstrated expertise in legislative procedure, parliamentary practice, or institutional governance.
(2) Not have held elected or appointed partisan office within the five years preceding appointment.
(3) Not be registered lobbyists or employees of lobbying firms.
(d) Terms. Board members shall serve staggered six-year terms, with initial terms of two, four, and six years assigned by lot within each appointing authority's appointees.
(e) Removal. A Board member may be removed only for cause by a vote of six of the eight members.
(f) Vacancies. Vacancies shall be filled by the original appointing authority within 90 days.
(g) Compensation. Board members shall receive compensation equivalent to Level IV of the Executive Schedule.
(h) Meetings. The Board shall meet at least quarterly and may meet more frequently as needed.
(i) Quorum. Six members constitute a quorum. Substantive decisions require a majority of all eight members.
Section 302. Director of Congressional Procedure¶
(a) Appointment. The Board shall appoint a Director of Congressional Procedure by a vote of at least six members.
(b) Qualifications. The Director shall:
(1) Have at least fifteen years of experience in legislative procedure, parliamentary practice, or related fields.
(2) Not have held elected or appointed partisan office within the ten years preceding appointment.
(3) Not be a registered lobbyist or employee of a lobbying firm.
(c) Term. The Director shall serve a single ten-year term and may not be reappointed.
(d) Removal. The Director may be removed only for cause by a vote of six of the eight Board members.
(e) Compensation. The Director shall receive compensation equivalent to Level II of the Executive Schedule.
(f) Duties. The Director shall:
(1) Manage the day-to-day operations of the Office.
(2) Supervise all Office staff.
(3) Issue rulings and opinions under the authority granted by this Act.
(4) Testify before Congress as required.
(5) Submit annual reports and budget requests.
Section 303. Office Staff¶
(a) General Authority. The Director may appoint such staff as necessary to carry out the functions of the Office, subject to Board approval of the staffing plan and budget.
(b) Parliamentarians. The Office shall include professional parliamentarians who shall:
(1) Provide authoritative advice on procedural questions to presiding officers, members, and committees.
(2) Maintain the Rules and Precedent Database under Section 401.
(3) Train new members and staff on procedural matters.
(c) Analysts. The Office shall include analysts who shall:
(1) Calculate proportional allocations under Section 403.
(2) Prepare Procedural Transparency Reports under Section 407.
(3) Monitor budget process compliance under Title VI.
(d) Nonpartisanship. All Office staff shall be selected and shall serve without regard to political affiliation. Staff may not engage in partisan political activity during their tenure.
(e) Pay and Benefits. Office staff shall receive pay and benefits consistent with comparable positions in the Congressional Research Service.
Section 304. Inspector General¶
(a) Establishment. There is established an Inspector General of the Office of Congressional Procedure.
(b) Appointment. The Inspector General shall be appointed by the Board by a vote of at least six members.
(c) Duties. The Inspector General shall:
(1) Audit Office operations and expenditures.
(2) Investigate complaints of Office misconduct.
(3) Report findings to the Board and to the relevant oversight committees of Congress.
(d) Independence. The Inspector General shall operate independently of the Director and report directly to the Board.
END OF TITLE III
TITLE IV: FUNCTIONS AND AUTHORITIES¶
Section 401. Rules and Precedent Database¶
(a) The Office shall establish and maintain a comprehensive, searchable database of:
(1) The rules of the House of Representatives and the Senate.
(2) Published precedents of each chamber.
(3) Unpublished rulings and precedents, to the extent such records exist.
(4) Historical procedures and their evolution.
(b) The database shall be publicly accessible and updated in real time as new rulings are made.
(c) The database shall include cross-references, annotations, and explanatory materials to facilitate understanding by members, staff, and the public.
Section 402. Advisory Opinions¶
(a) Any member of Congress may request an advisory opinion from the Office on any procedural question.
(b) The Office shall respond to requests within 48 hours during session, and within 14 days during recess.
(c) Advisory opinions shall be published in the Rules and Precedent Database.
(d) During Phase 0 and Phase 1, all opinions are advisory. Beginning in Phase 2, certain categories of opinions become binding as specified in Title V.
Section 403. Proportional Allocation Framework¶
(a) At the start of each Congress, the Office shall publish a Proportional Allocation Report calculating each party group's proportional share of:
(1) Floor time for debate.
(2) Committee and subcommittee leadership positions.
(3) Amendment opportunities on major legislation.
(4) Agenda slots for floor consideration.
(b) The Report shall include specific numerical allocations based on each party group's share of chamber seats.
(c) The Report shall be updated within 14 days of any change in chamber composition due to death, resignation, expulsion, or special election.
Section 404. Presiding Officer Support¶
(a) The Office shall provide parliamentarian services to presiding officers of each chamber.
(b) Presiding officers may request advice on procedural questions at any time during session.
(c) The Office shall recommend rulings consistent with chamber rules and precedent. Presiding officers retain authority to make final rulings, subject to the phased authority provisions of Title V.
Section 405. Member and Staff Training¶
(a) The Office shall provide orientation training on chamber rules and procedure for all new members.
(b) The Office shall provide continuing education on procedural matters for members and staff.
(c) Training materials shall be publicly available.
Section 406. Research and Analysis¶
(a) The Office shall conduct research on congressional procedure and publish studies on procedural reform.
(b) The Office may compare United States congressional procedure with legislative procedures in other democracies.
(c) Research shall be nonpartisan and analytical.
Section 407. Procedural Transparency Reports¶
(a) The Office shall publish quarterly Procedural Transparency Reports documenting:
(1) Instances in which leadership departed from Office advisory opinions.
(2) Proportional allocation shortfalls -- instances in which any party group received less floor time, fewer leadership positions, or fewer amendment opportunities than its proportional share.
(3) Shadow vetoes -- instances in which legislation meeting anti-bottleneck thresholds under Section 505 was not brought to the floor within required timeframes.
(4) Budget process deadline failures under Title VI.
(5) Discharge petition activity, including petitions filed, signature counts, thresholds reached, and outcomes.
(6) Nomination consideration compliance under Section 505B, including committee hearing dates, floor vote dates, and any deadline failures.
(b) Reports shall be factual and nonpartisan. They shall document departures from proportional allocation and procedural norms without editorial commentary.
(c) Reports shall be publicly accessible and transmitted to all members.
END OF TITLE IV
TITLE V: PHASED AUTHORITY MODEL¶
Section 501. Phase Structure¶
(a) Office authority develops across four phases, with increasing binding force as institutional legitimacy develops.
(b) The baseline timeline assumes two-party conditions. Acceleration triggers compress the timeline when multi-party conditions emerge.
Section 502. Phase 0: Consolidation (Years 0-2)¶
(a) Effective Date. Phase 0 begins upon enactment of this Act.
(b) Duration. Phase 0 continues for two years unless superseded by acceleration triggers.
(c) Authority. During Phase 0, the Office shall:
(1) Establish the Rules and Precedent Database under Section 401.
(2) Issue advisory opinions under Section 402.
(3) Calculate and publish proportional allocation frameworks under Section 403, on an advisory basis.
(4) Begin publishing Procedural Transparency Reports under Section 407.
(5) Administer discharge petition procedures under Section 505A, including maintenance of the confidential signature system.
(d) Limitations. During Phase 0:
(1) All Office guidance is advisory only, except as provided in Section 505A regarding discharge petition administration.
(2) Leadership may depart from Office guidance without procedural consequence.
(3) Any member may request that departures from Office guidance be entered into the Congressional Record.
Section 503. Phase 1: Soft Authority (Years 2-5)¶
(a) Effective Date. Phase 1 begins two years after enactment, or immediately upon occurrence of the Multi-Party Condition defined in Section 508(a), whichever is earlier.
(b) Duration. Phase 1 continues for three years unless superseded by acceleration triggers.
(c) Authority. During Phase 1, in addition to Phase 0 authorities:
(1) Presumptive Germaneness Rulings. Office rulings on germaneness carry a presumption of correctness. Overriding a germaneness ruling requires a recorded vote or a formal ruling by the presiding officer explicitly stating departure from Office guidance.
(2) Process Certification. The Office shall certify whether bills have met minimum procedural standards, including adequate time between introduction and floor vote, at least one hearing, and publication of text. Leadership may waive requirements, but waivers shall be publicly flagged in the Procedural Transparency Report.
(3) Proportional Allocation Scorecards. The Office shall publish scorecards grading each chamber's adherence to proportional allocation standards across floor time, committee leadership, and amendment access.
(d) Limitations. During Phase 1, proportional allocation remains advisory. Leadership retains discretion to depart from proportional standards, subject to transparency reporting.
Section 504. Phase 2: Hard Rules in Critical Domains (Years 5-10)¶
(a) Effective Date. Phase 2 begins five years after enactment, or within one Congress (two years) after occurrence of the No-Majority Condition defined in Section 508(b), whichever is earlier.
(b) Duration. Phase 2 continues for five years unless superseded by acceleration triggers.
(c) Authority. During Phase 2, in addition to Phase 0 and Phase 1 authorities:
(1) Budget Process Enforcement. The Office shall enforce budget process deadlines under Title VI.
(2) Anti-Bottleneck Provisions. Bills meeting the thresholds specified in Section 505 shall be placed on the calendar within 30 legislative days. The Office shall certify when thresholds are met.
(3) Amendment Fairness. For legislation designated as major by the Office, amendment procedures must meet baseline proportionality standards certified by the Office. Failure to meet standards triggers automatic amendment opportunities under neutral procedures established by the Office.
(4) Committee Leadership Distribution. Office certification of proportional committee leadership distribution becomes binding. Departures from proportional standards require a two-thirds vote of the relevant chamber.
(5) Nomination Consideration Deadlines. The requirements of Section 505B regarding Senate consideration of Supreme Court nominations become binding.
Section 505. Anti-Bottleneck Thresholds¶
(a) A bill shall be entitled to calendar placement under Section 504(c)(2) if it meets any of the following thresholds:
(1) Bipartisan Co-Sponsorship. The bill has co-sponsors constituting at least 20 percent of members from each of two or more party groups.
(2) Committee Passage. The bill has been reported favorably by a committee of jurisdiction by recorded vote.
(3) Discharge Petition. A discharge petition for the bill has reached the required threshold under Section 505A.
(4) Multi-Committee Reporting. The bill has been reported favorably by two or more standing committees of jurisdiction by recorded vote.
(b) The Office shall certify when a bill meets a threshold under subsection (a). Upon certification, the bill shall be placed on the calendar within 30 legislative days.
(c) Calendar placement does not guarantee floor consideration but ensures the bill cannot be indefinitely buried in committee.
Section 505A. Discharge Petition Reform¶
(a) Purpose. This section reforms discharge petition procedures to create a credible pathway for floor consideration of legislation with demonstrated majority support, reducing the political cost of participation while preserving transparency in final outcomes.
(b) Confidential Signature Period.
(1) Signatures on a discharge petition shall remain confidential until the petition reaches the required threshold specified in subsection (e).
(2) The Office shall maintain a secure system for recording signatures that prevents disclosure of individual signatories prior to threshold completion.
(3) Upon reaching the required threshold, the Office shall publish the complete list of signatories simultaneously.
(4) If a petition fails to reach the threshold within 60 legislative days of filing, it shall expire and all signatures shall remain permanently confidential.
(c) Signature Withdrawal.
(1) A member may withdraw their signature at any time before the threshold is reached.
(2) Withdrawals shall be confidential and shall not be disclosed.
(3) Once the threshold is reached, signatures are locked and may not be withdrawn.
(d) Progress Disclosure.
(1) The Office shall publish the total number of signatures on each active petition, updated daily when the House is in session.
(2) The Office shall not disclose the identity of signatories or the proximity to threshold beyond the raw count.
(e) Threshold.
(1) The signature threshold for discharge shall be a majority of the members of the House of Representatives.
(2) The Office shall certify when the threshold has been reached.
(f) Filing and Timeline.
(1) A discharge petition may be filed after a bill has been pending in committee for 20 legislative days.
(2) Upon certification that the threshold has been met, the bill shall be placed on the calendar with privileged status within 14 legislative days.
(3) Upon reaching the floor, the bill shall be considered under open amendment rules unless the House adopts a special rule by two-thirds vote.
(g) Anti-Retaliation.
(1) No member, committee, party organization, or leadership office shall take adverse action against a member on the basis of signing or refusing to sign a discharge petition.
(2) Adverse action includes but is not limited to:
(A) Removal from committee assignments or denial of committee preferences.
(B) Denial of floor recognition or speaking opportunities.
(C) Exclusion from party caucus activities or leadership meetings.
(D) Withdrawal of campaign support, fundraising assistance, or party resources.
(E) Retaliation against staff of the affected member.
(3) The Office shall receive complaints of retaliation and investigate such complaints.
(4) Findings of retaliation shall be published in the Procedural Transparency Report, including:
(A) The nature of the alleged retaliation.
(B) The parties involved.
(C) The Office's factual findings.
(D) Any remedial actions taken or recommended.
(5) This subsection does not create a private right of action but establishes a transparency mechanism to impose political cost on retaliatory conduct.
(h) Security and Integrity.
(1) The Office shall implement appropriate security measures to protect the confidentiality of signatures during the confidential signature period.
(2) Any unauthorized disclosure of signatory information prior to threshold completion shall be reported to the Board and may constitute grounds for discipline of responsible staff.
(3) The Office shall maintain an audit trail of all signature submissions and withdrawals, accessible only to authorized personnel and subject to Board oversight.
(i) Application.
(1) This section applies to discharge petitions filed in the House of Representatives.
(2) The Senate may adopt parallel procedures by resolution.
Section 505B. Supreme Court Nomination Consideration¶
(a) Purpose. This section establishes procedural requirements for Senate consideration of Supreme Court nominations to prevent indefinite obstruction of the constitutional appointment process.
(b) Committee Consideration.
(1) Upon receipt of a nomination to the Supreme Court of the United States, the Senate Judiciary Committee shall hold a hearing on the nomination within 60 legislative days.
(2) The Office shall monitor compliance with this deadline and certify when the deadline has passed without a hearing.
(c) Floor Consideration.
(1) The Senate shall conduct a floor vote on a Supreme Court nomination within 120 legislative days of receipt.
(2) The Office shall monitor compliance with this deadline and certify when the deadline has passed without a floor vote.
(d) Privileged Status.
(1) Upon certification by the Office that a deadline under subsection (b) or (c) has passed without required action, the nomination shall be placed on the Executive Calendar with privileged status.
(2) A motion to proceed to consideration of a privileged nomination shall be in order at any time and shall be non-debatable.
(3) Upon reaching the floor, the nomination shall be subject to a maximum of 30 hours of debate, equally divided, before a vote on confirmation.
(e) Supermajority Waiver. The Senate may waive the requirements of this section by a two-thirds vote of the Senate explicitly referencing this section and stating the grounds for waiver.
(f) Phase Activation. This section takes effect upon activation of Phase 2 authority under Section 504.
(g) Relation to Constitutional Authority. This section supplements but does not supersede constitutional requirements for advice and consent. Nothing in this section shall be construed to limit the Senate's authority to reject a nomination by majority vote.
(h) Transparency. The Office shall include in the Procedural Transparency Report under Section 407:
(1) The date of receipt for each pending Supreme Court nomination.
(2) The status of committee hearing and floor vote deadlines.
(3) Any certifications of deadline failure.
(4) Any waivers granted under subsection (e), including the stated grounds.
(i) Relation to the Federal Judicial Balance and Accountability Act. Upon the effective date of the Federal Judicial Balance and Accountability Act, the enforcement provisions of this section -- including the deadlines established in subsections (b) and (c), the privileged status provisions of subsection (d), and the supermajority waiver of subsection (e) -- shall not apply to nominations governed by that Act. The transparency provisions of subsection (h) shall continue to apply, adapted as necessary to reflect the nomination and consideration process established by that Act.
Section 506. Phase 3: Proportional Agenda Control (Years 10-14)¶
(a) Effective Date. Phase 3 begins ten years after enactment, or within one Congress (two years) after occurrence of the Coalition Governance Condition defined in Section 508(c), whichever is earlier.
(b) Duration. Phase 3 continues for four years unless superseded by acceleration triggers.
(c) Authority. During Phase 3, in addition to all prior phase authorities:
(1) Binding Proportional Floor Time. Each party group's proportional floor time allocation becomes binding. No presiding officer or leadership figure may reduce, transfer, or encumber another party group's allocated time without that group's consent.
(2) Protected Agenda Slots. Each party group receives guaranteed calendar slots proportional to its representation. These slots may be used to bring legislation of the party group's choosing to floor debate and vote.
(3) Departure Requirements. Departures from proportional allocation require consent of affected party groups or a two-thirds vote of the chamber.
Section 507. Phase 4: Mature Regime (Years 14+)¶
(a) Effective Date. Phase 4 begins fourteen years after enactment, or immediately upon occurrence of the Sustained Coalition Condition defined in Section 508(d), whichever is earlier.
(b) Authority. During Phase 4:
(1) Full Binding Authority. Office rulings on proportional allocation and procedural compliance are binding.
(2) Supermajority Override. Departures from Office rulings require a two-thirds vote of the relevant chamber.
(3) Presiding Officer Neutrality. Presiding officer rulings shall follow Office guidance. Departures require a two-thirds vote to sustain.
(4) Normalized Proportional Procedure. Proportional allocation of floor time, committee leadership, amendment access, and agenda influence operates as the default institutional framework.
Section 508. Acceleration Triggers¶
(a) Multi-Party Condition. The Multi-Party Condition is met when three or more party groups hold seats in either chamber of Congress. Upon occurrence:
(1) Phase 1 activates immediately if not already active.
(b) No-Majority Condition. The No-Majority Condition is met when no single party group holds a majority of seats in either chamber of Congress. Upon occurrence:
(1) Phase 2 activates within one Congress (two years) if not already active.
(c) Coalition Governance Condition. The Coalition Governance Condition is met when the Speaker of the House is elected with the recorded support of members from two or more party groups. Upon occurrence:
(1) Phase 3 activates within one Congress (two years) if not already active.
(d) Sustained Coalition Condition. The Sustained Coalition Condition is met when Coalition Governance Conditions have occurred in two consecutive Congresses. Upon occurrence:
(1) Phase 4 activates immediately.
(e) Certification. The Office shall certify when acceleration trigger conditions are met and publish notice of phase activation.
Section 509. Non-Regression¶
(a) Once a phase has activated, authority acquired under that phase shall not be reduced except by amendment to this Act.
(b) Failure of a triggering condition to persist (e.g., return to two-party dominance after multi-party period) does not reverse phase activation.
END OF TITLE V
TITLE VI: BUDGET PROCESS ENFORCEMENT¶
Section 601. Purpose¶
This Title establishes mechanisms to prevent government shutdowns, debt ceiling crises, and other procedural hostage-taking related to the budget process.
Section 602. Budget Deadline Enforcement¶
(a) Applicable Deadlines. The Office shall enforce the following deadlines established by the Congressional Budget Act of 1974 and other applicable statutes:
(1) Submission of the President's budget request.
(2) Adoption of the concurrent resolution on the budget.
(3) Completion of action on appropriations bills.
(4) Any statutory deadline related to debt ceiling authorization.
(b) Monitoring. The Office shall publish real-time tracking of budget process deadlines and compliance status.
(c) Warnings. The Office shall issue formal warnings at 30 days, 14 days, and 7 days before any applicable deadline.
Section 603. Automatic Procedural Consequences¶
(a) Trigger. If a chamber fails to complete required budget process action by the applicable deadline, automatic procedural consequences activate as follows:
(b) Appropriations Failure. If all regular appropriations bills have not been enacted or a continuing resolution has not been enacted by the start of the fiscal year:
(1) The Office shall certify the failure.
(2) Any member may offer a motion to proceed to any pending appropriations measure. Such motion shall be privileged and non-debatable.
(3) Amendment opportunities on such measures shall be allocated proportionally across party groups.
(c) Debt Ceiling Failure. If Congress fails to address the debt ceiling within 30 days of Treasury certification that extraordinary measures will be exhausted:
(1) The Office shall certify the failure.
(2) Any member may offer a motion to proceed to debt ceiling legislation. Such motion shall be privileged and non-debatable.
(3) Debate on such legislation shall be limited to 20 hours, equally divided.
Section 604. Anti-Hostage Provisions¶
(a) Definition. Procedural hostage-taking means the deliberate use of procedural obstruction to extract unrelated policy concessions by threatening government shutdown or debt default.
(b) Certification. The Office may certify that hostage-taking conditions exist when:
(1) A deadline under Section 602 is imminent or has passed.
(2) Legislation necessary to meet the deadline has been blocked by procedural means.
(3) The blocking party has publicly conditioned release on unrelated policy demands.
(c) Consequences of Certification. Upon certification of hostage-taking conditions:
(1) The blocking party's conduct shall be documented in a special Procedural Transparency Report.
(2) The provisions of Section 603 shall apply.
(3) Any member may move to proceed to clean legislation addressing only the pending deadline. Such motion shall be privileged.
END OF TITLE VI
TITLE VII: TRANSPARENCY AND PUBLICATION¶
Section 701. Public Access¶
(a) All Office publications, reports, opinions, and rulings shall be publicly accessible on a dedicated website maintained by the Office.
(b) The website shall include:
(1) The Rules and Precedent Database.
(2) All Procedural Transparency Reports.
(3) Proportional Allocation Reports.
(4) Advisory opinions.
(5) Binding rulings once phased authority develops.
(6) Nomination consideration tracking under Section 505B.
(c) No fee shall be charged for access to Office publications.
Section 702. Congressional Record Integration¶
(a) Procedural Transparency Reports shall be entered into the Congressional Record.
(b) Office certifications of anti-bottleneck thresholds, budget deadline failures, nomination deadline failures, and acceleration trigger conditions shall be entered into the Congressional Record.
(c) Any member may request that Office advisory opinions be entered into the Congressional Record.
Section 703. Real-Time Tracking¶
(a) The Office shall maintain real-time public tracking of:
(1) Budget process deadline status.
(2) Pending bills meeting anti-bottleneck thresholds.
(3) Proportional allocation compliance in each chamber.
(4) Discharge petition signature counts (without revealing individual signatories during the confidential period).
(5) Supreme Court nomination consideration deadlines and compliance status.
(b) Tracking dashboards shall be accessible via the Office website.
Section 704. Annual Report¶
(a) The Board shall transmit an annual report to Congress within 90 days of the end of each calendar year.
(b) The annual report shall include:
(1) Assessment of procedural compliance in each chamber.
(2) Proportional allocation performance metrics.
(3) Budget process compliance summary.
(4) Discharge petition activity summary, including petitions filed, thresholds reached, and retaliation complaints.
(5) Supreme Court nomination consideration summary, including deadlines met, deadlines missed, and any waivers granted.
(6) Recommendations for statutory or rule changes to improve procedural fairness.
(7) Summary of Office activities and expenditures.
END OF TITLE VII
TITLE VIII: CONSTITUTIONAL FOUNDATIONS AND RELATION TO OTHER LAW¶
Section 801. Constitutional Authority¶
(a) This Act is enacted pursuant to the authority of Congress under Article I, Section 5 of the Constitution, which provides that each House may determine the Rules of its Proceedings.
(b) The Office is an instrument through which Congress exercises its rulemaking authority. The Office enforces rules that Congress itself adopts.
(c) Nothing in this Act shall be construed to limit the constitutional authority of either chamber to change its rules by appropriate procedures.
Section 802. Preservation of Chamber Authority¶
(a) Each chamber retains the power to change its rules, including rules establishing or governing the Office, by majority vote conducted in accordance with chamber procedures.
(b) Each chamber retains the power to override Office rulings by supermajority vote as specified in Title V.
(c) The Office may be amended, constrained, or abolished by Act of Congress.
Section 803. Officers of Each House¶
(a) The Director, Board members, and professional staff of the Office are officers and employees of the legislative branch.
(b) They are not "Officers of the United States" within the meaning of the Appointments Clause and do not require presidential nomination or Senate confirmation beyond the procedures specified in this Act.
(c) This section is intended to avoid Appointments Clause complications and preserve the Office's status as internal legislative branch infrastructure.
Section 804. Judicial Review¶
(a) Limited Jurisdiction. Matters of internal congressional procedure enforced by the Office are not subject to judicial review except as provided in this section.
(b) Constitutional Claims. Federal courts retain jurisdiction over claims that actions taken under this Act violate constitutional rights of members or the public.
(c) Political Question Doctrine. Congress intends that courts apply the political question doctrine to disputes over internal procedural allocations and rulings, consistent with historical judicial deference to congressional self-organization.
(d) Standing. Members of Congress have standing to bring constitutional claims arising under this Act in the United States District Court for the District of Columbia.
Section 805. Relation to Chamber Rules¶
(a) This Act establishes statutory defaults for congressional procedure. Chambers may adopt rules consistent with, or more protective of proportional allocation than, the provisions of this Act.
(b) Chamber rules may not reduce protections established by this Act except by supermajority vote as specified in Title V.
(c) In case of conflict between this Act and chamber rules, this Act controls unless the chamber rule was adopted by a supermajority vote explicitly referencing and superseding the relevant provision of this Act.
Section 806. Relation to Other Statutes¶
(a) Nothing in this Act shall be construed to modify, repeal, or supersede the Congressional Budget Act of 1974 except as explicitly provided in Title VI.
(b) The Office shall coordinate with the Congressional Budget Office on budget process enforcement matters.
(c) This Act supplements existing procedural statutes and does not displace them unless explicitly stated.
(d) Section 505B supplements but does not supersede the constitutional requirements for advice and consent on nominations. Upon the effective date of the Federal Judicial Balance and Accountability Act, the provisions of that Act governing Senate consideration of Supreme Court nominations shall govern, and Section 505B shall apply only to nominations not governed by that Act.
END OF TITLE VIII
TITLE IX: GENERAL PROVISIONS AND EFFECTIVE DATES¶
Section 901. Appropriations¶
(a) There are authorized to be appropriated such sums as may be necessary to carry out this Act.
(b) The Office shall be funded through the legislative branch appropriations process.
(c) The Board shall submit an annual budget request to the Appropriations Committees of each chamber.
(d) Funding for the Office shall be adequate to fulfill its statutory mission. Appropriations Committees shall not reduce Office funding below the level necessary to maintain core functions as a means of impairing the Office's independence or effectiveness.
Section 902. Initial Implementation¶
(a) Board Appointments. Initial Board appointments shall be made within 90 days of enactment.
(b) Director Appointment. The Board shall appoint an initial Director within 180 days of achieving a quorum.
(c) Interim Authority. Until a Director is confirmed, an interim Director may be designated by the Board to exercise necessary administrative functions. The interim Director may not issue binding rulings or make permanent policy determinations.
(d) Parliamentarian Transition. Current parliamentarians and staff shall be offered equivalent positions within the Office. Transition shall be completed within one year of enactment.
(e) Discharge Petition System. The Office shall establish the confidential signature system required by Section 505A within 180 days of enactment.
(f) Nomination Tracking System. The Office shall establish the nomination consideration tracking system required by Section 505B within 180 days of enactment.
Section 903. Effective Dates¶
(a) This Act takes effect upon enactment.
(b) Phase 0 authority activates upon enactment.
(c) Subsequent phases activate according to the timeline and acceleration triggers specified in Title V.
(d) Budget process enforcement provisions of Title VI take effect beginning with the first fiscal year that begins at least one year after enactment.
(e) Discharge petition reform provisions of Section 505A take effect upon certification by the Director that the confidential signature system is operational, but not later than 180 days after enactment.
(f) Supreme Court nomination consideration provisions of Section 505B take effect upon activation of Phase 2 authority under Section 504.
Section 904. Severability¶
(a) If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby.
(b) If any phase or acceleration trigger is held invalid, prior phases and their authorities shall remain in effect.
(c) If Section 505A or any provision thereof is held invalid, existing discharge petition procedures shall continue to apply and the remainder of this Act shall not be affected.
(d) If Section 505B or any provision thereof is held invalid, constitutional requirements for advice and consent continue to apply and the remainder of this Act shall not be affected.
Section 905. Rulemaking¶
(a) The Board may promulgate rules necessary for the administration of this Act.
(b) Rulemaking authority may not be used to expand Office authority beyond explicit statutory limits.
(c) All proposed rules shall undergo notice and comment for not fewer than 60 days.
(d) Rules shall be reviewed every five years to ensure compliance with statutory limits.
Section 906. Reporting Requirements¶
(a) The Director shall testify before appropriate committees of each chamber upon request, and at least annually.
(b) The Board shall provide written responses to congressional inquiries within 30 days.
(c) The Office shall cooperate with Government Accountability Office audits and reviews.
Section 907. Technical Amendments¶
The Office of the Law Revision Counsel shall make such technical amendments to existing law as may be necessary to reflect the establishment and functions of the Office of Congressional Procedure.
END OF TITLE IX
END OF ACT
Revision History¶
Revision 1.3 (Current)
- Added Section 505B(i) establishing that enforcement provisions of Section 505B yield to the Federal Judicial Balance and Accountability Act when both are in effect
- Transparency provisions of Section 505B remain operative under either nomination regime
- Revised Section 806(d) to replace interpretive coordination language with explicit yielding clause
- No changes to OCP enforcement of Section 505B under the traditional single-nominee confirmation model
Revision 1.2
- Added Section 505B establishing Supreme Court nomination consideration deadlines
- Implements 60-day committee hearing requirement and 120-day floor vote deadline
- Establishes privileged calendar status and non-debatable motion to proceed upon deadline passage
- Requires two-thirds supermajority to waive requirements
- Section activates upon Phase 2 authority (Section 504)
- Cross-portfolio coordination with Federal Judicial Balance and Accountability Act (FJBAA)
Revision 1.1
- Added Section 505A establishing comprehensive discharge petition reform
- Implemented confidential signature period with simultaneous publication at threshold
- Added signature withdrawal provisions and progress disclosure requirements
- Reduced discharge petition waiting period from 30 to 20 legislative days
- Established 14-day privileged consideration timeline post-threshold
- Added anti-retaliation transparency mechanism for discharge petition signatories
- Added fourth anti-bottleneck threshold: two-committee reporting (Section 505(a)(4))
- Updated Section 502(c) to reference discharge petition administration duties
Revision 1.0 - January 2026
- Initial legislative draft
- Establishes Office of Congressional Procedure as independent legislative branch entity
- Creates Board of Congressional Procedure with bipartisan appointment structure
- Defines proportional procedural allocation framework
- Establishes phased authority model with acceleration triggers
- Includes budget process enforcement mechanisms
- Creates transparency and publication requirements
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Prepared by Albert Ramos for The American Policy Architecture Institute