[Deschler's Precedents, Volume 1, Chapters 1 - 6]
[Chapter 3.  Party Organization]
[D. Floor Leaders]
[Â§ 18. Duties as to Legislative Schedule]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 225-233]
 
                               CHAPTER 3
 
                           Party Organization
 
                            D. FLOOR LEADERS
 
Sec. 18. Duties as to Legislative Schedule

    The floor leaders, particularly the Majority Leader, exercise 
considerable initiative with respect to the legislative schedule, 
including the order of business and the time of recess or adjournment.
    In the course of promoting legislative business deemed of interest 
to their respective parties, the floor leaders maintain contact with 
their parties' members on committees and encourage action on particular 
bills. As a result of planning by the Majority Leader and other leaders 
of his party, and as a result of cooperation between the leadership of 
both parties, the consideration of legislation in the House generally 
proceeds on an orderly basis. It has been stated(18) that it 
is customary to notify the Majority and Minority Leaders as well as the 
Speaker of proposed requests for deviations from the authorized order 
of business. Members have been advised by the Speaker to consult with 
Majority and Minority Leaders with respect to unanimous consent 
requests for the consideration of bills;(19) moreover, it 
has been stated that the Speaker declines to entertain motions to 
suspend the rules on ``suspension days'' unless such motions have the 
approval of the Majority Leader.(20)
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18. 6 Cannon's Precedents Sec. 708.
19. Sec. 18.1, infra.
20. Sec. 18.2, infra.
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    The Minority Leader customarily, on the floor of the House, 
addresses an inquiry to the Majority Leader concerning the schedule of 
legislative business for the following week.(1) In addition 
to announcing the legislative busi

[[Page 226]]

ness to be taken up by the House, the Majority Leader frequently makes 
announcements concerning times of recess, adjournment, or 
reassembly.(2) Such announcements are generally made 
following consultation between the leadership of the 
parties.(3)
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 1. Sec. 18.6, infra.
 2. Sec. 18.6, infra.
 3. Sec. 18.7, infra.                          -------------------
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Unanimous-Consent Requests to Consider Bills

Sec. 18.1 It has been stated that Members should consult with the 
    Majority and Minority Leaders prior to seeking unanimous consent to 
    call up bills.

    The following remarks were made in the 77th Congress:(4)
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 4. 88 Cong. Rec. 7438, 77th Cong. 2d Sess., Sept. 24, 1942.
            See also Sec. 18.2, infra, discussing the Speaker's refusal 
        in one instance to recognize a Member who sought consideration 
        of a bill by suspension of the rules and by unanimous consent.
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        The Speaker:(5) . . . Permit the Chair to make a 
    statement. When Members come to the Chair and say they would like 
    unanimous consent to call up a bill, the Chair has stated several 
    times in the presence of Members that the better way to do it would 
    be to consult with the ranking minority member and also the 
    majority and minority leaders. I think that would expedite the 
    matter. . . .
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 5. Sam Rayburn (Tex.).
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        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I wish 
    to say to the House that as far as any unanimous-consent requests 
    are concerned, I naturally advise Members on this side seeking to 
    bring up bills that they should consult with their minority Members 
    and also with the leadership on the minority side. I say this not 
    for the purpose of having it relate to anything that has happened, 
    but so that the House will know as a policy, that as majority 
    leader I have always followed, and always will follow, such 
    procedure, and in that the Speaker concurs. The minority leadership 
    also knows that that has been the policy and will be the policy.

Recognition for Motions to Suspend Rules

Sec. 18.2 It has been stated that the Speaker declines to entertain 
    motions to suspend the rules on ``suspension days'' unless such 
    motions have the approval of the Majority Leader.

    The following proceedings took place on Aug. 2, 1948:(6)
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 6. 94 Cong. Rec. 9639, 80th Cong. 2d Sess. (Speaker Joseph W. Martin, 
        Jr., Mass.).
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        Mrs. [Helen G.] Douglas [of California]: Mr. Speaker, I move to 
    suspend the rules and discharge the Committee on Banking and 
    Currency from further consideration of S. 866.

[[Page 227]]

        The Speaker: The Chair does not recognize the gentlewoman for 
    that purpose. The majority leader has already stated that there 
    will be no suspensions today; and, under the practice of the House, 
    suspensions must be cleared through the majority leader. The 
    gentlewoman is not recognized for that purpose.
        Mrs. Douglas: Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentlewoman will state it.
        Mrs. Douglas: Under paragraph 1 of Rule XXVII it is in order, 
    is it not, for the Speaker to entertain a motion to suspend the 
    rules?
        The Speaker: Yes, it is within the discretion of the Speaker, 
    and the Speaker states that he will not recognize any Member for 
    that purpose without clearing it through the majority leader, and 
    using that discretion merely refuses to recognize the gentlewoman 
    from California.
        Mrs. Douglas: Mr. Speaker, a further parliamentary inquiry.
        The Speaker: The gentlewoman will state it.
        Mrs. Douglas: Today is the first Monday in August, and under 
    the aforementioned rule individual Members may move to suspend the 
    rules and pass important legislation. Do I understand clearly then 
    that the Chair is exercising his discretion in denying the House to 
    vote on the so-called Taft-Ellender-Wagner bill, even under the 
    procedure requiring a two-thirds vote of the Members present?
        The Speaker: The Chair will state that the rule has existed for 
    more than 50 years, and in accordance with the procedure which has 
    been followed by not only the present Speaker but every other 
    Speaker, the Chair does not recognize the gentlewoman from 
    California for that purpose.
        Mrs. Douglas: Mr. Speaker, I ask unanimous consent for the 
    present consideration of S. 866.

        The Speaker: The Chair does not recognize the gentlewoman for 
    that purpose.

Unanimous-Consent Requests by Floor Leader

Sec. 18.3 The Majority Leader frequently makes unanimous-consent 
    requests for purposes of controlling the legislative schedule and 
    expediting legislative business.

    An illustrative unanimous-consent request made by the Majority 
Leader was that made on Feb. 19, 1970,(7) in the course of 
announcing the schedule of business, as follows:
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 7. 116 Cong. Rec. 4039, 91st Cong. 2d Sess.
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        Mr. [Carl] Albert [of Oklahoma]: . . . Monday is also District-
    Day, but in view of the fact that Monday is a holiday and we have 
    no additional business for Tuesday, and in order that I may make 
    the announcement of the complete program now, I ask unanimous 
    consent that it may be in order to put District Day over until 
    Tuesday, and I would be glad to announce to Members that there are 
    nine bills, and to advise Members what those bills are. . . .

[[Page 228]]

    Similarly, on Feb. 21, 1967,(8) the Majority Leader 
requested as follow
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 8. 113 Cong. Rec. 4135, 90th Cong. 1st Sess.
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        Mr. Albert: Mr. Speaker, I note that the gentleman from 
    California [Mr. Hosmer] has a special order for 10 minutes 
    tomorrow, and the gentleman from Minnesota [Mr. Fraser] for 60 
    minutes tomorrow, which is George Washington's Birthday. I have not 
    been able to contact the gentlemen, but I ask unanimous consent 
    that these special orders go over until the following day when they 
    shall be called before special orders previously granted for that 
    day.

In anticipation of the same Washington's birthday, the acting Majority 
Leader, Hale Boggs, of Louisiana, had in the preceding week asked 
unanimous consent, ``that the business in order under the Calendar 
Wednesday rule be dispensed with on Wednesday next.''(9)
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 9. 113 Cong. Rec. 3509, 90th Cong. 1st Sess., Feb. 16, 1967.
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    On Mar. 30, 1966,(10) the Majority Leader made the 
following request:
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10. 112 Cong. Rec. 7220, 89th Cong. 2d Sess.
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        Mr. Albert: Mr. Speaker, I ask unanimous consent that any 
    rollcall votes, except on rules, which may be requested on Monday 
    or Tuesday of next week be put over until Wednesday next. . . .
        The purpose of the request is to enable us to proceed with 
    business on Monday and Tuesday, which are Jewish holy days. We do 
    this only on rare occasions. It is only for that reason that we are 
    asking to put over to Wednesday any votes which may be requested on 
    Monday or Tuesday, except on rules.

Sec. 18.4 The Majority Leader, on behalf of the Committee on Rules, 
    asked unanimous consent to call up a House resolution providing for 
    the consideration of a particular bill.

    In the 80th Congress, the Majority Leader, Charles A. Halleck, of 
Indiana, made a unanimous consent request as follows:(11)
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11. 94 Cong. Rec. 7108, 80th Cong. 2d Sess., June 3, 1948.
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        Mr. Halleck: Mr. Speaker, on behalf of the Committee on Rules, 
    I ask unanimous consent to call up House Resolution 621, providing 
    for the consideration of the bill (H. R. 6228) to provide for the 
    construction of shore protective works at the town of Nome, Alaska.

    [There being no objection, the Majority Leader called up the 
resolution, which read in part as follows:]

        Resolved, That immediately upon the adoption of this resolution 
    it shall be in order to move that the House resolve itself into the 
    Committee of the Whole House on the State of the Union

[[Page 229]]

    for the consideration of the bill (H.R. 6228) to provide for the 
    construction of shore protective works at the town of Nome, Alaska. 
    . . .

Motion by Majority Leader to Suspend Rules

Sec. 18.5 The Majority Leader on occasion has moved to suspend the 
    rules and pass a particular bill.

    In the 91st Congress, the Majority Leader moved to suspend the 
rules and pass a bill increasing the President's salary. The 
proceedings were as follows:(12)
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12. 115 Cong. Rec. 172, 91st Cong. 1st Sess., Jan. 6, 1969.
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        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I move to suspend 
    the rules and pass the bill (H.R. 10) to increase the per annum 
    rate of compensation of the President of the United States. . . .
        Mr. Speaker, as Members all know, this is the first suspension 
    bill of the 91st Congress. Normally the Speaker would not recognize 
    Members to call up bills under suspension of the rules this early 
    in the term and without committee consideration. The only reason 
    that this method has been used on this occasion is that it presents 
    to the House the opportunity to consider this legislation before 
    the new President takes office. Members know that under article II, 
    section 1, clause 7, of the Constitution the salary of the 
    President of the United States cannot be increased during his term 
    of office. . . . Members further know . . . that committee 
    assignments have not been made and will not be made in time for 
    normal hearings and proceedings to be had in order to consider this 
    bill by the deadline.

Announcement of Schedule by Majority Leader

Sec. 18.6 The Majority Leader makes announcements concerning the 
    legislative schedule, including prospects for recess or 
    adjournment; frequently, the Majority Leader makes such 
    announcements in response to inquiries by the Minority Leader.

    The following exchange(13) illustrates a common 
procedure:
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13. 116 Cong. Rec. 4039, 4040, 91st Cong. 2d Sess., Feb. 19, 1970.
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        Mr. [Gerald R.] Ford [of Michigan]: Mr. Speaker, I take this 
    time for the purpose of asking the distinguished majority leader 
    the program for the rest of this week and for next week.
        Mr. [Carl] ALbert [of Oklahoma]: Mr. Speaker, will the 
    distinguished gentleman yield? . . .
        Mr. Speaker, in response to the inquiry of the distinguished 
    minority leader, we have finished the program for this week. . . .
        Monday is also District Day, but in view of the fact that 
    Monday is a holiday . . . I ask unanimous consent that it may be in 
    order to put District Day over until Tuesday, and I would be glad 
    to announce to Members that

[[Page 230]]

    there are nine bills, and to advise Members what those bills are. 
    As I understand it, they are all noncontroversial. . . .
        Mr. Albert: I did announce that I would read the list before I 
    asked that my request be acted upon. The list is as follows:
        H.R. 10335, to revise District of Columbia laws relating to the 
    civil liability of hotels. . . .
        The Speaker Pro Tempore: Is there objection to the request of 
    the gentleman from Oklahoma?
        There was no objection.
        Mr. Albert: Mr. Speaker, in view of the order which has been 
    granted, Tuesday will be District Day, and the nine bills already 
    indicated will be called.
        For Wednesday, there will be a joint meeting to receive the 
    President of the Republic of France. . . .
        For Thursday and the balance of the week, we will have H.R. 
    12025, National Forest Timber Conservation and Management Act of 
    1969, under an open rule with 2 hours of debate, and S. 2910, to 
    authorize additional funds for the Library of Congress James 
    Madison Memorial Building, which is subject to a rule being 
    granted.
        This announcement is made subject to the usual reservation that 
    conference reports may be brought up at any time and that any 
    further program may be announced later. I understand there will be 
    a conference report from the Committee on Banking and Currency on 
    Tuesday. . . .
        Mr. Speaker, if the gentleman will yield further, I would like 
    at this time to advise the House that the Easter recess will extend 
    from the close of business on Thursday, March 26, 1970, to noon 
    Monday, April 6, 1970, which is precisely in accordance with the 
    custom of recent years in the House.
        Mr. Ford: Mr. Speaker, would the gentleman agree with me that 
    in the light of this announcement, that the recess will be from the 
    conclusion of business Thursday, March 26 to Monday noon, April 6, 
    all Members ought to be forewarned, there is no mistake that there 
    is a likelihood we will have important business on Thursday and 
    important business on Monday?
        Mr. Albert: Mr. Speaker, the gentleman is correct. We must get 
    our business done, and we cannot do it if we extend the length of 
    these recesses.

    Similarly, on Feb. 16, 1967, the following exchange took place 
between the Minority Leader and the acting Majority 
Leader:(14)
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14. 113 Cong. Rec. 3509, 90th Cong. 1st Sess.
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        Mr. Gerald R. Ford: Mr. Speaker, I take this time for the 
    purpose of asking the distinguished acting majority leader, the 
    gentleman from Louisiana, the program for next week. . . .
        Mr. [Hale] Boggs [of Louisiana]: In response to the request of 
    the distinguished gentleman from Michigan, the minority leader, the 
    program for next week is as follows:
        On Monday, the Consent Calendar, followed by H.R. 2, which is 
    commonly known as the Reserve bill of rights, and which will be 
    called up under suspension of the rules. It is probable that there 
    will be a rollcall vote on that bill.
        Tuesday the Private Calendar, but so far there are no bills 
    scheduled.

[[Page 231]]

        Wednesday is a holiday, which will be observed by the usual 
    reading of George Washington's Farewell Address.
        Any further legislative business will be announced later. It is 
    my intention that when the House adjourns today, it adjourn to meet 
    on Monday.

    As a further example, the acting Majority Leader in similar fashion 
responded to inquiry made by the acting Minority Leader on Feb. 22, 
1968.(15)
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15. 114 Cong. Rec. 3912, 90th Cong. 2d Sess.
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    On another occasion, where legislative business was anticipated 
late in the afternoon, after special orders, the Majority Leader 
announced such fact to the House before the commencement of special 
orders.(16)
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16. See 114 Cong. Rec. 430, 90th Cong. 2d Sess., Jan. 22, 1968 (remarks 
        of Mr. Albert).
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Consultation Between Leadership

Sec. 18.7 Matters relating to the legislative schedule, including 
    prospective recess or adjournment, are frequently settled through 
    consultation between the leadership of both parties.

    The following illustrates the manner in which an announcement is 
frequently made by the Majority Leader respecting agreements among the 
leadership of the parties:(17)
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17. 115 Cong. Rec. 368, 369, 91st Cong. 1st Sess., Jan.. 9, 1969.
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        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, in response to 
    the inquiry of the distinguished minority leader-and this 
    announcement, of course, is made after conferences between the 
    Speaker and the minority leader and other members of the leadership 
    and myself--I am pleased to announce to the membership of the House 
    the following schedule of recesses heretofore agreed to . . . .

Similarly, the following remarks were made by the Majority Leader in 
the course of discussing anticipated legislative 
business:(18)
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18. 112 Cong. Rec. 7220, 89th Cong. 2d Sess., Mar. 30, 1966.
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        Mr. Albert: Mr. Speaker, I ask unanimous consent that any roll 
    call votes, except on rules, which may be requested on Monday or 
    Tuesday of next week be put over until Wednesday next. . . .
        I have discussed this with the distinguished minority leader. 
    The purpose of the request is to enable us to proceed with business 
    on Monday and Tuesday, which are Jewish holy days.

    On Mar. 2, 1961,(19) in the course of a discussion of 
the prospective Easter recess, the Majority Leader remarked, ``I will 
say it depends on what the legislative

[[Page 232]]

situation might be as Easter approaches. . . .'' The Minority Leader 
then remarked as follows:
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19. 107 Cong. Rec. 3114, 87th Cong. 1st Sess.
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        Mr. [Charles A.] Halleck [of Indiana]: Mr. Speaker, if the 
    gentleman will yield, in fairness I ought to state that the 
    majority leader and the Speaker have conferred with me about the 
    matter of the Easter recess, and it is under very active 
    consideration. As the majority leader has pointed out, the 
    determination will be made, I am quite sure, in plenty of time for 
    Members to adjust themselves accordingly.

As a further illustration, the following announcements were made on 
Oct. 6, 1970,(20) by the Majority Leader and the Speaker:
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20. 116 Cong. Rec. 35217, 35218, 91st Cong. 2d Sess.
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        Mr. Albert:: Mr. Speaker, I take this time to advise the House 
    of recommendations that have been made by the leadership in joint 
    conference on both sides of the Capitol and on both sides of the 
    aisle.
        It is our plan to offer a resolution within the next few days 
    to provide for a House recess from the close  of business on 
    Wednesday, October 14, until noon, Monday, November 16.
        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, will 
    the gentleman yield?
        Mr. Albert: I yield to the distinguished Speaker of the House.

        Mr. McCormack: I might say that this is the unanimous opinion 
    of the leadership on both sides, both parties in the House and both 
    parties in the Senate, recognizing that it would be impossible by 
    either October 16 or October 23 to get through with the business 
    that we have to dispose of before this particular session is over.

    The Majority Leader and Minority Leader, of course, frequently 
cooperate in bringing specific items of legislative business to the 
attention of the House. As an example, the following remarks were made 
by the Majority Leader in the course of discussing his motion to 
suspend the rules and pass a bill increasing the President's 
salary:(1)
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 1. 115 Cong. Rec. 172, 91st Cong. 1st Sess., Jan. 6, 1969. For further 
        discussion of the proceedings relating to the Majority Leader's 
        motion to suspend the rules in this case, see Sec. 17.13, 
        supra.
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        Mr. Albert: . . . The only reason that this method has been 
    used on this occasion is that it presents to the House the 
    opportunity to consider this legislation before the new President 
    takes office. . . .
        In view of these circumstances, the distinguished minority 
    leader and the distinguished chairman and ranking member on Post 
    Office and Civil Service and myself have jointly offered this 
    resolution for the consideration of the Members of the House.

Notification by Leaders as to Reassembly of Congress

Sec. 18.8 Congressional leaders, including the floor leaders of the 
    House, having been au

[[Page 233]]

    thorized by concurrent resolution, formally called for a reassembly 
    of Congress at an earlier date than that to which it had adjourned.

    The 79th Congress, having by concurrent resolution adjourned to a 
day certain, was reassembled before that day in accordance with a 
provision in such resolution for reassembly before the day fixed in the 
event that certain congressional leaders, including the floor leaders, 
decided that legislative expediency warranted reassembly.(2)
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 2. 91 Cong. Rec. 8320, 79th Cong. 1st Sess., Sept. 5, 1946. See also 
        Ch. 1, Sec. 3, supra.
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