[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 8. Calendar Wednesday]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 213]]
CHAPTER 8 - CALENDAR WEDNESDAY
HOUSE PRACTICE
Sec. 1. In General; Forms
Sec. 2. Business Considered on Calendar Wednesday
Sec. 3. -- In Committee of the Whole
Sec. 4. Privilege and Precedence of Calendar Wednesday Business
Sec. 5. The Call of Committees
Sec. 6. Calling Up Calendar Wednesday Business; Authorization
Sec. 7. The Question of Consideration
Sec. 8. Consideration and Debate
Sec. 9. -- Use of Additional or Subsequent Wednesdays
Sec. 10. Unfinished Business; Effect of Previous Question
Sec. 11. Dispensing with Calendar Wednesday
Research References
7 Cannon Sec. Sec. 881-971
Deschler Ch 21 Sec. 4
Manual Sec. Sec. 900, 901
Sec. 1 . In General; Forms
Under rule XV clause 7, the Calendar Wednesday rule, Wednesdays
are set apart for the consideration, pursuant to a call of committees,
of unprivileged bills on the House and Union Calendars. The Calendar
Wednesday procedure is utilized infrequently due to its cumbersome
operation and to the fact that unprivileged bills may be considered
more effectively pursuant to other procedures, such as a special order
from the Committee on Rules, suspension of the rules, or unanimous
consent. Deschler Ch 21 Sec. 4.
The Calendar Wednesday rule may be dispensed with and does not
apply during the last two weeks of a session. Manual Sec. 900;
Sec. 11, infra.
Form
Speaker: Today is Calendar Wednesday, and the Clerk will call the
roll of committees.
Member (when his committee is called): Mr. Speaker, by direction
of the Committee on __________, I call up the bill H.R. ______.
Note: Calendar Wednesday business may be called up only on formal
authorization by the committee. A Mem
[[Page 214]]
ber without such authorization may not call up the bill if objection
is made. Sec. 6, infra.
Speaker: This bill is on the House Calendar. The Clerk will report
the bill.
[or, if the bill is on the Union Calendar . . .]
Speaker: This bill is on the Union Calendar, and under the rule
the House automatically resolves itself into the Committee of the
Whole House on the state of the Union, with the gentleman from
______, Mr. ______, in the Chair.
Chairman: The House is in the Committee of the Whole House on the
state of the Union for the [further] consideration of the bill H.R.
______, which the Clerk will report [by title].
Note: When first called up, the bill is read in full unless
reading is dispensed with by unanimous consent. If consideration is
extended beyond the day, it is read by title when called up on
subsequent days.
Chairman: Under the rule, general debate is limited to two hours,
and the Chair will recognize the gentleman from ______, Mr. ______
[usually the chairman of the committee], for the hour in favor of
the bill and later the gentleman from ______, Mr. ______ [usually
the ranking minority member of the committee], for the hour in
opposition. The gentleman from ______, is recognized.
Sec. 2 . Business Considered on Calendar Wednesday
Committees called under the Calendar Wednesday rule may call up
for consideration any unprivileged bill on either the House or the
Union Calendar but not on the Private Calendar. Manual Sec. 900;
Deschler Ch 21 Sec. 4. No priority is given to bills on the House or
the Union Calendar. 7 Cannon Sec. Sec. 938, 963.
The Calendar Wednesday procedure applies only to bills reported
from committee and not to amendments between the Houses or to
unreported bills. 98-2, June 28, 1984, p 19770. Another limitation of
rule XV clause 7(b) is that it applies only to unprivileged public
bills. Manual Sec. 900. A privileged bill is ineligible for
consideration under the Calendar Wednesday rule, whether it is
reported from the floor or delivered to the Clerk. 7 Cannon Sec. 936.
Unprivileged bills given privileged status by unanimous-consent
agreement or special order are ineligible for consideration under the
Calendar Wednesday procedure. 7 Cannon Sec. Sec. 932-935.
The purpose of the Calendar Wednesday rule is to preserve that day
for the class of legislation specified by the rule--namely,
unprivileged bills. Manual Sec. 900. Committee reports on bills may be
filed on Calendar Wednesday, but they may not be called up for
consideration or other action on such days. 7 Cannon Sec. 907.
[[Page 215]]
When Calendar Wednesday business is being considered under the
rule, it is not in order to:
Move a change of reference. 7 Cannon Sec. Sec. 884, 2117.
Call up a conference report. 7 Cannon Sec. Sec. 899-901.
Offer a motion for recess. Manual Sec. 900.
Call up a privileged bill, even though given privileged status
by special order. 7 Cannon Sec. Sec. 932, 934, 935.
Call up a private bill. Deschler Ch 21 Sec. 4.10.
Consider business coming over from Tuesday with the previous
question ordered. 7 Cannon Sec. 890.
Call up a resolution of inquiry or move to discharge a
committee from the consideration of such a resolution. 7 Cannon
Sec. Sec. 896-898.
On Calendar Wednesdays, the Speaker ordinarily declines to
entertain unanimous-consent requests not connected with Calendar
Wednesday business. 7 Cannon Sec. Sec. 882-888. However, the House may
by unanimous consent, prior to the call of committees on Calendar
Wednesday, permit a one-minute speech (Deschler-Brown Ch 29
Sec. 10.62), allow a bill to be sent to a House-Senate conference
(Manual Sec. 901), or permit consideration of a resolution electing a
committee chairman (98-2, Jan. 25, 1984, p 357).
Sec. 3 . -- In Committee of the Whole
When a bill on the Union Calendar is called up on Calendar
Wednesday, the House automatically resolves into the Committee of the
Whole without motion from the floor. Manual Sec. 901. When such a bill
comes up as the unfinished business on the next Calendar Wednesday
when the same committee can be recognized, the House automatically
resolves into the Committee of the Whole immediately without waiting
for the call; and debate is resumed from the point at which it was
discontinued on the previous Wednesday. 7 Cannon Sec. Sec. 940, 942,
966; Deschler Ch 21 Sec. 4.26.
On rejection by the House of a recommendation by the Committee of
the Whole for peremptory disposition of a bill under consideration on
Calendar Wednesday, the House automatically resolves into the
Committee of the Whole for its further consideration. 7 Cannon
Sec. 943.
Resolving into the Committee generally, see Committees of the
Whole.
Sec. 4 . Privilege and Precedence of Calendar Wednesday Business
No business in order on Calendar Wednesdays may precede the call
of committees unless the call has been dispensed with as provided for
in rule XV clause 7. Manual Sec. 900; 7 Cannon Sec. 881. Calendar
Wednesday business
[[Page 216]]
is privileged matter which may interrupt the daily order of business
as specified in rule XIV clause 1. Manual Sec. 871. It takes
precedence over other business privileged under the rules, except a
veto message privileged under the Constitution (Deschler Ch 21
Sec. 4.6), a question of privilege (7 Cannon Sec. Sec. 908-911;
Deschler Ch 21 Sec. 4.5), and the administration of the oath to
Members (6 Cannon Sec. 22). When the call of committees is completed
on Calendar Wednesday, business otherwise in order may be called up on
that day. 7 Cannon Sec. 921.
The call of committees on Calendar Wednesday has precedence over:
The consideration of conference reports. 7 Cannon
Sec. Sec. 899-901.
Business provided for by special order unless the special
order expressly specifies Wednesday and was passed by two-
thirds vote. 7 Cannon Sec. 773; Sec. 11, infra.
The motion to go into Committee of the Whole to consider
revenue and appropriation bills. 7 Cannon Sec. 904.
Business on which the previous question is operating and
undisposed of at adjournment on the preceding day. 7 Cannon
Sec. 890.
The motion for change of reference to committees. 7 Cannon
Sec. Sec. 883, 884.
Privileged resolutions of inquiry. 7 Cannon Sec. 896.
Contested election cases. 7 Cannon Sec. 903.
Motions to reconsider. 7 Cannon Sec. 905.
Certain procedural propositions relating to impeachment. 7
Cannon Sec. 902.
Budget messages from the President. 7 Cannon Sec. 914.
Senate bills privileged because of similarity to a bill on the
House Calendar. 7 Cannon Sec. 906.
Unanimous-consent requests generally. 7 Cannon Sec. Sec. 882-
888.
Motions to reconsider may be entered but not considered. 7 Cannon
Sec. 905. Privileged reports may be presented for printing but without
the right to call up for immediate consideration. 7 Cannon Sec. 907.
Sec. 5 . The Call of Committees
Committees are called seriatim in the order in which they appear
in rule X, the call being limited to those committees which have been
elected. 7 Cannon Sec. Sec. 922, 923, 925. Select committees with
legislative jurisdiction are called after standing committees.
Deschler Ch 21 Sec. 4. When a committee is reached during a Calendar
Wednesday call of committees, it is ordinarily not in order to ask
recognition for any purpose other than to call up a bill for
consideration. 6 Cannon Sec. 754.
During a call of committees under the rule, a committee may not
yield or exchange its order of rotation. 7 Cannon Sec. 927. Any
committee declining
[[Page 217]]
to proceed with consideration of a bill when called on Wednesday loses
that opportunity until again called in regular order. 7 Cannon
Sec. 926.
Sec. 6 . Calling Up Calendar Wednesday Business; Authorization
Generally
The Calendar Wednesday rule permits committees to call up
unprivileged bills from either the House Calendar or the Union
Calendar, provided that there has been compliance with other rules of
the House requiring that the measure and the report thereon be
available for three days prior to consideration. Manual Sec. Sec. 850,
900.
Calendar Wednesday business may be called up only on formal
authorization by the reporting committee. 7 Cannon Sec. 929. Rule XIII
clause 2(b), requiring the chairman of each committee to take
necessary steps to bring reported measures to a vote, is sufficient
authority for the chairman to call up a bill on Calendar Wednesday.
Deschler Ch 21 Sec. 4.16. However, any other committee member must
obtain specific authorization of his committee to call up a reported
bill on Calendar Wednesday. Manual Sec. 901; 4 Hinds Sec. 3128; 7
Cannon Sec. Sec. 928, 929. Committee authorization to a committee
member to ``use all parliamentary means to bring the bill before the
House'' is sufficient authorization to the member to call up the bill
on Calendar Wednesday. 8 Cannon Sec. 2217. Authority having been given
to one Member to call up a bill, another may not be recognized for
that purpose if objection is made. 7 Cannon Sec. Sec. 928, 929. Only
the member authorized by the committee reporting the bill may call up
that bill on Calendar Wednesday. Deschler Ch 21 Sec. 4.12. It is
within the discretion of the committee to determine which member to
authorize to call up the bill. Deschler Ch 21 Sec. 4.15.
Withdrawal
After a bill has been called up on Calendar Wednesday, it may be
withdrawn at any time before amendment. 7 Cannon Sec. 930.
Sec. 7 . The Question of Consideration
The question of consideration may be demanded on a bill called up
under the Calendar Wednesday rule. Deschler Ch 21 Sec. 4.18. The
question is properly raised after the Clerk has read the title of the
bill. Deschler Ch 21 Sec. 4.20. The question of consideration is
properly raised on a Union Calendar bill in the House before going
into Committee of the Whole. 7 Cannon Sec. 952. If the question is
decided in the affirmative, the House automatically resolves itself
into the Committee of the Whole for the consideration of the bill.
Deschler Ch 21 Sec. 4.20.
[[Page 218]]
The refusal of the House to consider a bill called up under the
Calendar Wednesday rule does not preclude the bill from being brought
up under another procedure, such as pursuant to a rule from the
Committee on Rules. Deschler Ch 21 Sec. 4.19.
It is not in order to reconsider the vote whereby the House has
declined to consider a proposition under the Calendar Wednesday rule.
Deschler Ch 21 Sec. 4.25.
Sec. 8 . Consideration and Debate
In the House
The hour rule for debate applies to House Calendar bills called up
in the House on Calendar Wednesday as on other days, and the Member in
charge of the bill may move the previous question at any time after
debate begins. 7 Cannon Sec. Sec. 955-957.
In Committee of the Whole
The Calendar Wednesday rule allows not more than two hours of
general debate on any measure called up on Calendar Wednesday, to be
confined to the subject and to be equally divided between those
favoring and those opposing. Manual Sec. 900. This provision has been
construed as applying only in the Committee of the Whole. 7 Cannon
Sec. 955. The two hours permitted by the rule may be reduced by the
House by unanimous consent to one hour. 98-2, Jan. 25, 1984, pp 357,
358. However, time allotted for debate under the rule may not be
extended in the Committee of the Whole even by unanimous consent. 7
Cannon Sec. 959. When a bill previously debated is called up for the
first time on Calendar Wednesday, consideration may proceed in the
Committee of the Whole as if there had been no previous debate. 7
Cannon Sec. 954.
In recognizing Members to control the time in opposition to the
bill, the Chair recognizes minority members of the committee reporting
the bill in the order of their seniority on the committee. Deschler Ch
21 Sec. 4.24. They are entitled to prior recognition to oppose it, but
if no member of the committee rises to oppose it, any Member may be
recognized in opposition. 7 Cannon Sec. Sec. 958, 959. The bill is
read for amendment at the conclusion of an hour in favor of the bill
if no one rises in opposition. 7 Cannon Sec. Sec. 960, 961.
Amendments
In the Committee of the Whole, amendments may not be offered until
the close of the two hours of debate, and the bill is taken up under
the five-minute rule and read by section for amendment. 7 Cannon
Sec. 960. Committee
[[Page 219]]
amendments are considered first as each section is reached. When the
reading of the bill under the five-minute rule has been completed, the
Committee rises and reports to the House. See Committees of the Whole.
Sec. 9 . -- Use of Additional or Subsequent Wednesdays
In its original form, the Calendar Wednesday rule was largely
ineffective. It permitted extended consideration of bills by a single
committee, to the exclusion of other committees. Sometimes Wednesdays
were monopolized by one committee for an entire session. This defect
was remedied by the adoption in 1916 of a proviso to the rule which
prohibited committees from occupying more than one Wednesday in
succession to the exclusion of other committees. 7 Cannon Sec. 881.
Today, a committee called under the Calendar Wednesday rule is not
entitled to a second Wednesday to complete its business on a bill
until the other committees have been called, unless the previous
question is operating at adjournment. 8 Cannon Sec. 2680. However, the
House may by two-thirds vote authorize completion on a subsequent
Wednesday of an unfinished bill. Manual Sec. 900; 7 Cannon Sec. 946; 8
Cannon Sec. 2680.
The motion to grant a committee an additional Wednesday under the
second proviso of the Calendar Wednesday rule is in order in the House
prior to the Wednesday on which the committees are again called. 7
Cannon Sec. 946. The motion is not in order in the Committee of the
Whole. Manual Sec. 900.
Any portion of a day is considered an entire day in the
apportionment of Calendar Wednesdays to committees. 7 Cannon Sec. 945.
Sec. 10 . Unfinished Business; Effect of Previous Question
Where the previous question has been ordered on a bill on Calendar
Wednesday, and the House adjourns, the bill becomes the unfinished
business on the next legislative day. 8 Cannon Sec. Sec. 895, 967;
Deschler Ch 21 Sec. Sec. 4.17, 4.28. Where a quorum fails on ordering
the previous question on a bill under consideration on a Calendar
Wednesday, and the House adjourns, the vote goes over until the next
Calendar Wednesday available to the committee reporting the bill.
Deschler Ch 21 Sec. 4.29.
When the House adjourns on Tuesday without voting on a proposition
on which the previous question was ordered, the question occurs not on
Wednesday but on Thursday. 7 Cannon Sec. Sec. 890-894. In one
instance, a bill on which the previous question had been ordered at
adjournment on Wednesday was taken up as the unfinished business on
Thursday and took
[[Page 220]]
precedence of a motion to go into the Committee of the Whole for the
consideration of a bill privileged by special order. 8 Cannon
Sec. 2674.
It is not in order on a regular legislative day to move to
postpone consideration of a pending measure to a Calendar Wednesday. 8
Cannon Sec. 2614. A bill postponed from a Wednesday to a subsequent
Wednesday becomes unfinished business to be considered when the
committee calling it up is called again in its turn. 7 Cannon
Sec. 970.
Sec. 11 . Dispensing with Calendar Wednesday
Generally
Calendar Wednesday business may be dispensed with by unanimous
consent, normally pursuant to a request made by the Majority Leader
during the previous week; but such a request may be entertained at any
time prior to the beginning of the call. Deschler Ch 21
Sec. Sec. 4.40-4.42.
Calendar Wednesday business may also be dispensed with pursuant to
motion under rule XV clause 7. A Member may propose the motion to
dispense with Calendar Wednesday any time on Wednesday or any
preceding day. 7 Cannon Sec. Sec. 915, 916; Deschler Ch 21
Sec. Sec. 4.30, 4.31. For example, the motion may precede District of
Columbia business under rule XV clause 4. Deschler Ch 21 Sec. 4.33.
Debate on the motion to dispense with Calendar Wednesday is
limited to 10 minutes, to be divided, five minutes in favor of the
motion and five minutes in opposition. Manual Sec. 900. In recognizing
a Member for the five minutes in opposition to the motion, the Speaker
extends preference to a member of the committee having the call.
Deschler Ch 21 Sec. 4.35.
A two-thirds vote of the Members present is required for its
adoption. Manual Sec. 900. The motion to dispense may not be laid on
the table. Deschler Ch 21 Sec. 4.36. If there are no bills on the
calendar eligible for consideration under the Wednesday call of
committees, a motion to dispense with the business in order on that
day is not required. 7 Cannon Sec. Sec. 918-920.
By Special Rule
A special rule that provides merely that a particular bill shall
be in order for consideration upon adoption of the special rule, or
from day-to-day until disposed of, does not dispense with Calendar
Wednesday. 7 Cannon Sec. Sec. 773, 789. Indeed, rule XIII clause 6(c)
specifically precludes the Committee on Rules from reporting a special
rule dispensing with Calendar Wednesday business by less than a two-
thirds vote. Manual Sec. 857. However, the Committee on Rules may
report a special rule permitting the Speaker
[[Page 221]]
to entertain motions to suspend the rules, which could ultimately lead
to the suspension of the Calendar Wednesday rule. 8 Cannon Sec. 2267.