How a Self-Executing Rule Works

Sara Binder, the #1 Congressional Procedure Explainer around, gives a rundown of what a self-executing rule will look like:

With me so far? The Rules Committee has now written up a special procedure for its debate and the House has approved it. If the rule is written in such a way that enactment of the rule itself deems the Senate bill passed, the Senate bill would—at that point—be ready for presidential signature. Health care reform, in other words, would be ready to become law. But it’s more likely the rule will stipulate that the Senate bill becomes law only after the House approves the reconciliation package. If so, reform’s fate will still not be settled. It will depend on whether the reconciliation bill passes.

And so the House will proceed to debate the reconciliation package, in whatever manner and for whatever duration the rule stipulates. Most likely, no amendments will be allowed. Once debate is exhausted, the House will move the previous question motion again, this time in preparation for final passage of the bill. Again, it will take 216 to agree to the previous question motion, setting up the climactic vote.

As you can see, the idea that this would somehow allow the House to pass the Senate bill “without voting on it” is pretty silly. Silly as a criticism of the move and silly as a reason to like the move. If the rule is self-executing in this way, then a vote for the rule is a vote for the bill and there’s not much more to say about it. Insofar as the self-executing rule changes anything it’s that it saves a bit of time. Absent the self-executing rule, you’d need two different votes on two different rules, plus votes on two underlying bills, plus two votes on motions to recommit. With a self-executing rule you vote on the rule, you vote on the motion to recommit, and you vote on the reconciliation package—it’s a small time-saver.