[Deschler's Precedents, Volume 4, Chapters 15 - 17]
[Chapter 17. Committees]
[E. Committee on Rules]
[Â§ 56. Same-day Consideration of Reported Resolution]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 3100-3104]
 
                               CHAPTER 17
 
                               Committees
 
                         E. COMMITTEE ON RULES
 
Sec. 56. Same-day Consideration of Reported Resolution

Rule as to Same-day Consideration

Sec. 56.1 A vote of not less than two-thirds of the Members voting is 
    required for the consideration of a resolution on the same day that 
    it is reported by the Committee on Rules [except during the last 
    three days of a session].

    On Aug. 16, 1962,(12) Speaker John W. McCormack, of 
Massachusetts, recognized Mr. B. F. Sisk, of California, who, by 
direction of the Committee on Rules, was about to report a privileged 
resolution (H. Res. 763, H. Rept. No. 87-2242), and then to ask for its 
immediate consideration when the following exchange took place:
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12. 108 Cong. Rec. 16759, 87th Cong. 2d Sess.
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        Mr. [Gerald R.] Ford [of Michigan]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Ford: Mr. Speaker, is my understanding correct that the 
    gentleman from California is moving for the consideration of the 
    rule, and if this is approved by a two-thirds vote, then we wil1 
    consider the rule. . . .
        The Speaker: The resolution has not been reported as yet, and 
    the gentleman from California has not yet made a motion; but, 
    assuming the gentleman from California offers a motion for the 
    present consideration of the resolution, the question of 
    consideration would be submitted to the membership without debate 
    and a two-thirds vote would be necessary to consider the 
    resolution.(13) If the question of consideration was 
    decided in the affirmative the resolution would then be considered 
    under the regular rules of the House, providing 1 hour of debate, 
    one-half of the time to be assigned to the member of the Rules 
    Committee on the minority side in charge.
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13. The rules provide that the calling up for consideration of a report 
        from the Committee on Rules on the same day presented is not in 
        order ``unless so determined by a vote of not less than two-
        thirds of the Members voting''; this provision, however, does 
        not apply during the last three days of the session. See Rule 
        XI clause 4(b), House Rules and Manual Sec. 729(a) (1979), and 
        Sec. 56.2, infra.
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    Shortly thereafter, Mr. Sisk called up House Resolution 763, which 
was read by the Clerk, and the Speaker put the question on its 
consideration. The question was taken; and two-thirds having voted in 
favor thereof, the House considered the resolution.(14)
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14. For similar examples, see 97 Cong. Rec. 10479, 82d Cong. 1st Sess., 
        Aug. 21, 1951 [H. Res. 397]; 95 Cong. Rec. 12287, 81st Cong. 
        1st Sess., Aug. 25, 1949 [H. Res. 346, H. Res. 319]; and 92 
        Cong. Rec. 5746, 79th Cong. 2d Sess., May 25, 1946 [H. Res. 
        640].
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[[Page 3101]]

Consideration During Last Three Days of a Session

Sec. 56.2 The requirement that a report from the Committee on Rules may 
    not be called up for consideration on the same day it is reported 
    without an affirmative vote of two-thirds of the Members voting 
    does not apply during the last three days of a session.

    On Thursday, Dec. 31, 1970,(15) Speaker John W. 
McCormack, of Massachusetts, recognized William M. Colmer, of 
Mississippi, Chairman of the Committee on Rules, who, by direction of 
that committee, reported a privileged resolution (H. Res. 1337, H. 
Rept. No. 91-1804), prescribing a rule for the consideration of House 
Joint Resolution 1421, making further continuing appropriations for the 
fiscal year 1971. Mr. Colmer then called up House Resolution 1337 and 
asked for its immediate consideration.
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15. 116 Cong. Rec. 44292, 91st Cong. 2d Sess.
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    At this juncture Mr. Sidney R. Yates, of Illinois, initiated the 
following exchange with the Speaker: (16)
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16. Id. at pp. 44292, 44293.
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        Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Yates: Mr. Speaker, as I understand it, this is a rule that 
    was reported by the Committee on Rules today.
        In view of rule XI, section 22,(17) will approval of 
    this rule require a two-thirds vote, in view of the fact that the 
    rule provides as follows:
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17. See Rule XI clause 4(b), House Rules and Manual Sec. 729(a) (1979).
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            It shall always be in order to call up for consideration a 
        report from the Committee on Rules (except it shall not be 
        called up for consideration on the same day it is presented to 
        the House, unless so determined by a vote of not less than two-
        thirds of the Members voting, but this provision shall not 
        apply during the last three days of the session).

        The parliamentary inquiry I address to the Chair is: Are we 
    within the last 3 days of the session or without them and is this 
    rule subject to approval by a majority vote or a two-thirds vote?
        The Speaker: The Chair is holding that we are within the last 3 
    days of the session and that consideration of this resolution is 
    not subject to the two-thirds vote requirement.
        Mr. Yates: Rather than a two-thirds vote?
        The Speaker: In answer to the gentleman's inquiry, a two-thirds 
    vote is not required to consider the resolution during the last 3 
    days of a session of Congress.

    Parliamentarian's Note: The last three days of a session are 
determined either by adoption by both Houses of a sine die adjourn

[[Page 3102]]

ment concurrent resolution or by remaining in session until within 
three days of the constitutional termination at noon on Jan. 3. In this 
instance, House Concurrent Resolution 799 providing for a sine die 
adjournment on Jan. 2, 1971, was adopted by the House on Dec. 31, 1970, 
but was not agreed to in the Senate until Jan. 2.

Determining the Last Three Days of a Session

Sec. 56.3 Where a session of Congress is required by the 20th amendment 
    to the Constitution to end at noon on Sunday, Jan. 3, that Sunday 
    is considered a ``non dies'' under the rules in computing the final 
    three calendar days within which the Committee on Rules may call up 
    a resolution on the same day it is reported.

    On Thursday, Dec. 31, 1970,(18) William M. Colmer, of 
Mississippi, Chairman of the Committee on Rules, called up and asked 
for the immediate consideration of a rule (H. Res. 1337), providing for 
the consideration of a joint resolution (H.J. Res. 1421), making 
further continuing appropriations for the fiscal year 1971. Since the 
Committee on Rules had just reported House Resolution 1337 moments 
earlier, Mr. Sidney R. Yates, of Illinois, inquired of Speaker John W. 
McCormack, of Massachusetts, whether or not a two-thirds vote would be 
required to consider the resolution.(19)
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18. 116 Cong. Rec. 44292, 91st Cong. 2d Sess.
19. See Rule XI clause 4(b), House Rules and Manual Sec. 729(a) (1979); 
        see also Sec. Sec. 56.1, 56.2, supra.
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    The Speaker replied as follows: (20)
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20. 116 Cong. Rec. 44293, 91st Cong. 2d Sess.
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        In answer to the gentleman's inquiry, a two-thirds vote is not 
    required to consider the resolution during the last 3 days of a 
    session of Congress.(1)
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 1. Under the provisions of the 20th amendment, ``the terms of Senators 
        and Representatives [shall end] at noon on the 3d day of 
        January,'' [U.S. Const. amend. 20, Sec. 1].
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    The Chair's response elicited a further inquiry from Mr. Yates:

        Will the Chair enlighten me by defining the 3-day period? Are 
    they 3 legislative days or 3 calendar days?
        The Speaker: The Chair will state to the gentleman from 
    Illinois in response to his parliamentary inquiry that there are 
    only 3 days remaining; which would be Thursday, Friday, and 
    Saturday
        Mr. Yates: Well, it is not within the 3 days end under that 
    definition, is it, Mr. Speaker?
        The Speaker: The Chair will state to the gentleman that Sundays 
    are not

[[Page 3103]]

    counted within the purview of the rule. Former Speaker Longworth 
    held that Sunday was ``non dies'' (2) in a ruling in 
    1929--see also Cannon's Precedents, vol. VII, 994 and 995.
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 2. ``Non dies,'' literally nonday.
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    Parliamentarian's Note: The Speaker considered both of the 
precedents cited, as well as several other critical factors in arriving 
at his decision. The first precedent [7 Cannon's Precedents Sec. 994] 
states that ``In counting the three days required by the Consent 
Calendar rule,(3) holidays or days on which the House is not 
in session are not construed as legislative days and are not 
included.'' The second precedent [7 Cannon's Precedents Sec. 995] 
declares that ``In counting the three days required under the consent 
rule, Sunday is not included.'' Also, Sundays are not counted in 
determining a constitutional adjournment ``for not more than three 
days'' (5 Hinds' Precedents Sec.  6673). Thus, these ``legislative 
days'' precedents were persuasive on this ``calendar day'' issue 
insofar as they accorded a ``non dies'' status to Sundays. Moreover, 
the House met daily at noon, pursuant to a standing order; the 91st 
Congress could not then meet on Sunday, Jan. 3, 1971, unless it changed 
this standing order. Finally, at the time Mr. Yates made his 
parliamentary inquiry on Thursday, Dec. 31, there were less than 72 
hours remaining in the 91st Congress even if it did meet on the morning 
of Sunday, Jan. 3, and chose to remain in session up to the 
constitutional limit (4) of noon on that date.
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 3. See Rule XIII clause 4, House Rules and Manual Sec. 746 (1979). 
        This rule, it should be noted, expressly refers to 
        ``legislative days.''
 4. U.S. Const. amend. 20, Sec. 1.
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Waiver of Two-thirds Vote Requirement by Unanimous Consent

Sec. 56.4 The House has agreed by unanimous consent that it would be in 
    order on the following day to consider a report from the Committee 
    on Rules without the rules-prescribed requirement of a two-thirds 
    vote.

    On Jan. 24, 1955,(5) Speaker Sam Rayburn, of Texas, 
recognized Howard W. Smith, of Virginia, Chairman of the Committee on 
Rules, who made the following request:
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 5. 101 Cong. Rec. 625, 84th Cong. 1st Sess.
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        Mr. Speaker, I ask unanimous consent that it may be in order on 
    tomorrow to consider a report from the Committee on Rules as 
    provided in clause 21, rule XI,(6) except that the 
    provision
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 6. See Rule XI clause 23, House Rules and Manual Sec. 729 (1973), 
        which provides, in part, that ``It shall always be in order to 
        call up for consideration a report from the Committee on Rules 
        (except it shall not be called up for consideration on the same 
        day it is presented to the House, unless so determined by a 
        vote of not less than two-thirds of the Members voting.''
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[[Page 3104]]

    requiring a two-thirds vote to consider said reports is hereby 
    waived.

    Immediately thereafter, the House granted unanimous consent.

Sec. 56.5 The House has agreed by unanimous consent that during the 
    remainder of a session it would be in order to consider reports 
    from the Committee on Rules without a two-thirds vote.

    On July 30, 1955,(7) Speaker Sam Rayburn, of Texas, 
recognized Mr. John W. McCormack, of Massachusetts, who made the 
following request:
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 7. 101 Cong. Rec. 12362, 84th Cong. 1st Sess.
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        Mr. Speaker, I ask unanimous consent that during the remainder 
    of this session it shall be in order to consider at any time 
    reports from the Committee on Rules as provided in clause 21, rule 
    XI,(8) except that the provision requiring a two-thirds 
    vote to consider such reports shall be waived.
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 8. See Rule XI clause 23, House Rules and Manual Sec. 729 (1973), and 
        Sec. 56.4, supra.
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    Immediately thereafter, the House granted unanimous 
consent.(9)
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 9. For a similar instance in a later Congress, see 104 Cong. Rec. 
        19174, 85th Cong. 2d Sess., Aug. 22, 1958, where the House 
        granted unanimous consent that reports from the Committee on 
        Rules could be considered at any time ``during the remainder of 
        the week.'' Where unanimous consent has not been obtainable, 
        the House has, on occasion, waived the two-thirds vote 
        requirement by adoption of a special rule.
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