[Deschler's Precedents, Volume 6, Chapter 21]
[Chapter 21. Order of Business; Special Orders]
[A. General Principles]
[Â§ 8. Varying the Order of Business]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 3908-3928]
 
                               CHAPTER 21
 
                   Order of Business; Special Orders
 
                    B. MOTIONS TO SUSPEND THE RULES
 
Sec. 9. Use and Effect


    Rule XXVII clauses 1 through 3(5) provides for a motion 
to suspend the rules, by a two-thirds vote, which is in order on 
specified days:
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 5. See House Rules and Manual Sec. Sec. 902907 (1979).
            This rule was further amended in the 95th Congress to 
        permit the Speaker to recognize for motions to suspend the 
        rules on every Monday and Tuesday. H. Res. 5, 95th Cong. 1st 
        Sess., Jan. 4, 1977. In 1974, a procedure was added to the rule 
        to permit record votes on suspensions to be postponed until 
        after all such motions have been considered. H. Res. 998, 93d 
        Cong. 2d Sess., Apr. 9, 1974.
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        1. No rule shall be suspended except by a vote of two-thirds of 
    the Members voting, a quorum being present; nor shall the Speaker 
    entertain a motion to suspend the rules except on the first and 
    third Mondays of each month, and on the Tuesdays immediately 
    following those days, and during the last six days of a session.
        2. All motions to suspend the rules shall, before being 
    submitted to the House, be seconded by a majority by tellers, if 
    demanded.
        3. When a motion to suspend the rules has been seconded, it 
    shall be in order, before the final vote is taken thereon, to 
    debate the proposition to be voted upon for forty minutes, one-half 
    of such time to be given to debate in favor of, and one-half to 
    debate in opposition to, such proposition; and the same right of 
    debate shall be allowed whenever the previous question has been 
    ordered on any proposition on which there has been no 
    debate.(6) 
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 6. The motion to suspend the rules, as a method of changing the order 
        of business, is of old usage in the House of Representatives, 
        dating back to 1822. See 5 Hinds' Precedents Sec. 6790 for the 
        early history of the rule.
            The motion to suspend the rules is one of the three methods 
        to change the regular order of business, the other two being 
        unanimous-consent requests and special orders reported from the 
        Committee on Rules.
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    The motion may be used either to suspend specific rules or to 
suspend all rules which are in conflict with the purpose of the motion. 
In current practice, the motion is most frequently used to pass bills 
or adopt resolutions; the form of the motion is to ``suspend the rules 
and pass the bill'' or to ``suspend the rules and pass the bill with an 
amendment.'' Where

[[Page 3909]]

the motion is used in that fashion, all rules are suspended which are 
in conflict with the passage of the bill, and no points of order 
against the consideration of the bill may be raised, such as points of 
order based on defects in reporting the bill, inclusion of 
appropriation language in a legislative bill, or the 
like.(7)
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 7. See Sec. Sec. 9.7-9.12, infra.
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    While most hills passed by the House have been reported out by 
committees of the House in accordance with the rules, a motion to 
suspend the rules may be used to pass an original bill or resolution 
submitted from the floor and neither introduced nor referred to a 
committee.(8) Or the motion may be used to pass a bill which 
is pending before a committee but which has not been 
reported.(9)
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 8. See, for example, Sec. 9.19, infra. See also Sec. Sec. 9.13-9.18 
        (passage of resolutions affecting the order of business, 
        submitted from the floor).
 9. See, for example, Sec. 9.2, infra.
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    The motion to suspend the rules is an effective method for passing 
emergency or noncontroversial legislation, without amendment (motions 
brought up under suspension may not be amended unless the amendment is 
part of the motion).(10) And since the motion requires a 
two-thirds vote for adopton, suspenslon has been used to bring up and 
adopt proposed amendments to the United States Constitution, which 
require a two-thirds vote pursuant to article V of the 
Constitution.(11)
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10. See Sec. Sec. 9.22-9.24, infra. For discussion of the prohibition 
        against offering amendments on the floor to bills and 
        resolutions brought up under suspension, see Sec. 14, infra.
11. See Sec. 9.21, infra.
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    The motion is also an expeditious method for adopting special 
orders of business without a full report by the Committee on Rules. A 
resolution (which frequently provides for the disposal of bills from 
the Speaker's table) may be submitted directly from the floor, and the 
Member recognized to move to suspend the rules and agree to the 
resolution is usually the chairman of the committee with jurisdiction 
over the subject matter of the legislation.(12)
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12. See Sec. Sec. 9.13-9.18, infra. For matters related to recognition 
        for motions to suspend the rules, see Sec. 11, infra.
            If the motion is used to agree to a resolution to take a 
        bill from the Speaker's table, ask for a conference and provide 
        that the Speaker immediately appoint conferees, the use of the 
        motion may prevent a motion to instruct conferees since the 
        ``immediate'' appointment of conferees implies action by the 
        Speaker without intervening motion (see Sec. 13.17, infra).
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    Alternatively, the special order of business may be made part of

[[Page 3910]]

the motion to suspend the rules (rather than using the motion to adopt 
a resolution creating the special order). For example, it may be moved 
to suspend the rules, take from the Speaker's table a House bill with a 
Senate amendment thereto, and concur in the Senate 
amendment.(13), However, using the motion to adopt a 
resolution creating the special order eliminates confusion as to the 
effect of the motion, since the resolution is sent to the desk and 
reported by the Clerk, rather than the offerer of the motion being 
required to make what may be a complicated order of business part of 
the motion.(14)
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13. See Sec. 14. 9, infra.
14. While it has been he]d that the right of a Member to have read the 
        paper on which he is called to vote is not changed by the fact 
        that the procedure is by suspension of the rules (6 Hinds' 
        Precedents Sec. 5277; 8 Cannon's Precedents Sec. 3400), the 
        precedents are not uniform in this regard, and in earlier 
        instances the separate motion to suspend the rules and dispense 
        with reading of pending bills, amendments, and Senate 
        amendments was held in order (5 Hinds' Precedents 
        Sec. Sec. 5278-84). Under the modern practice, only the motion 
        ``to suspend the rules and pass'' is itself read. Thus only the 
        title of the bill is normally read by the Clerk, and amendments 
        included in the motion are not reported separately, but the 
        Chair may, in his discretion, where objection is made to that 
        procedure, require the reading of an amendment which is not 
        printed or otherwise available (Sec. 14.4, infra). And, in 
        Sec. 12.21, infra, where, pending a motion to suspend the rules 
        and agree to a resolution which provided for concurring in a 
        Senate amendment with an amendment consisting of the text of a 
        hill introduced in the House, the Speaker ruled that reading of 
        the resolution itself was sufficient and that it could be 
        reread to the House only by unanimous consent.
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    Some rules of the House may not be suspended, by a motion to 
suspend the rules or otherwise, such as the rule relating to the 
privileges of the floor,(15) the rule relating to the use of 
the Hall of the House,(16) and the rule prohibiting the 
introduction of gallery occupants.(17)
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15. Rule XXXII, House Rules and Manual Sec. 919 (1979).
16. Rule XXXI, House Rules and Manual Sec. 918 (1979).
17. Rule XIV clause 8, House Rules and Manual Sec. 764 (1979).
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    As indicated by Rule XXVII clause 1, above, the motion is only in 
order on certain days and on the last six days of a session (although 
the Speaker may be authorized, by unanimous consent, by a motion to 
suspend the rules, or by a special order from the Committee on Rules, 
to entertain motions or a motion to suspend

[[Page 3911]]

the rules on days other than those specified in the 
rule).(18) The so-called ``suspension calendar'' is a list 
of those bills on which motions to suspend the rules will be 
entertained by the Speaker on a given day. The list is generally 
programed in advance in order that notice be given to Members of the 
House. And only such bills as have been cleared witl1 the leadership 
are brought up under suspension, as the Speaker has plenary power to 
entertain or to refuse recognition for motions to suspend the 
rules.(19)
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18. For discussion as to when motions to suspend the rules are in 
        order, see Sec. 10, infra.
19. See, for example, Sec. 9.6, infra.
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Effect of Defeat of a Motion to Suspend the Rules

Sec. 9.1 The Committee on Rules may report a special rule making in 
    order the consideration of a joint resolution previously defeated 
    on a motion to suspend the rules.

    On Aug. 24, 1935,(20) Mr. John J. O'Connor, of New York, 
called up by direction of the Committee on Rules a special order making 
in order the consideration of a bill which had been brought up under 
suspension of the rules on the same day and had failed to obtain a two-
thirds vote for passage. Speaker Joseph W. Byrns, of Tennessee, 
answered parliamentary inquiries on the power of the Committee on Rules 
to report such a resolution:
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20. 79 Cong. Rec. 14652, 74th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. O'Connor: Mr. Speaker, this is a matter which was 
    considered today under suspension of the rules but failed of 
    passage. It is a matter about which there was some confusion. It is 
    a very simple matter and has nothing to do with ship subsidies. It 
    merely extends the time within which the President can determine 
    whether or not to cancel or modify the contracts. The President has 
    before him this important situation: Many of these contracts will 
    expire between October of this year and January of next year. I am 
    authorized to say that the President feels he needs this authority.
        Mr. Speaker, I move the previous question on the resolution.
        Mr. [Maury] Maverick [of Texas]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman will state it.
        Mr. Maverick: After a bill has been passed on, can it be 
    brought up again the same day? What about the Puerto Rico bill, 
    which failed? If we can again bring up the bill made in order by 
    this resolution, we can do it with the Puerto Rico bill, or with 
    any other bill that has been defeated once during the day. This 
    bill was defeated a few hours ago.
        The Speaker: The Chair will answer the gentleman's 
    parliamentary inquiry. This is an effort on the part of the 
    gentleman from New York, Chairman of the Rules Committee, to bring 
    this bill up under a special rule.

[[Page 3912]]

        The question is up to the House as to whether or not that can 
    be done.
        Mr. Maverick: I did not hear the Chair.
        The Speaker: This is a special rule which is under 
    consideration and is in order.
        Mr. [William D.] McFarlane [of Texas]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. McFarlane: Is it in order for the Chairman of the Rules 
    Committee to bring in a rule on a bill which we defeated this 
    afternoon and then move the previous question before the opponents 
    have an opportunity to be heard?
        The Speaker: It is, under the rules of the House.
        Mr. O'Connor: Mr. Speaker, all the opponents were heard today.
        The Speaker: It is a question for the House itself to 
    determine.
        Mr. [Otha D.] Wearin [of Iowa]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman will state it.
        Mr. Wearin: Does this rule provide for the opportunity to offer 
    amendments?
        The Speaker: The joint resolution is considered in the House 
    under the rules of the House.

Use of Motion to Suspend Rules Generally

Sec. 9.2 On motion of the Majority Leader, the House agreed to suspend 
    the rules and pass a bill increasing the salary of the President, 
    although the bill had not been considered in committee.

    On Jan. 6, 1969,(21) Carl Albert, of Oklahoma, the 
Majority Leader, moved to suspend the rules and pass a bill which had 
been referred to committee but not yet considered by the committee.
---------------------------------------------------------------------------
21. 115 Cong. Rec. 172-76, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. Albert: 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.
        The Clerk read as follows:

                                    H.R. 10

            Be it enacted by the Senate and House of Representatives of 
        the United States of America in Congress assembled, That 
        section 102 of title 3, United States Code, is amended by 
        striking out ``$100,000'' and inserting in lieu thereof 
        ``$200,000''.
            Sec. 2. The amendment made by this Act shall take effect at 
        noon on January 20, 1969.

        The Speaker:(1) Is a second demanded?
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 1. John W. McCormack (Mass.)
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        MR. [H. R.] gross [of Iowa]: Mr. Speaker, I demand a second.
        The Speaker: Without objection, a second will be considered as 
    ordered.
        There was no objection.
        The Speaker: The Chair recognizes the gentleman from Oklahoma 
    (Mr. Albert).
        Mr. Albert: Mr. Speaker, I yield myself such time as I may 
    consume.
        Mr. Speaker, as Members all know, this is the first suspension 
    bill of the

[[Page 3913]]

    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. 
    Therefore, if the matter is to be handled at all, it must be passed 
    by both Houses of Congress and signed by the President before noon 
    on January 20. Members further know, Mr. Speaker, 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.
        In view of these circumstances, the distinguished minority 
    leader and the distinguished chairman and ranking member of the 
    Committee on Post Office and Civil Service and myself have jointly 
    offered this resolution for the consideration of the Members of the 
    House.

    The House agreed to the motion.

Sec. 9.3 The Speaker has recognized a Member to move to suspend the 
    rules and pass a Senate bill similar to a House bill which had been 
    previously announced for consideration under the suspension 
    procedure.

    On Mar. 16, 1964,(2) Speaker John W. McCormack, of 
Massachusetts, recognized for a motion to suspend the rules and pass a 
Senate bill; and answered an inquiry relative thereto:
---------------------------------------------------------------------------
 2. 110 Cong. Rec. 5291, 88th Cong. 2d Sess.
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        Mr. [Chet] Holifield [of California]: Mr. Speaker, the bill 
    H.R. 9711, to amend the Atomic Energy Act of 1954, is on the 
    suspension calendar for today. However, a similar bill, S. 2448, 
    has been passed by the other body. Therefore, in lieu of calling up 
    H.R. 9711, I move to suspend the rules and pass the bill S. 2448. . 
    . .
        Mr. [John P.] Saylor [of Pennsylvania]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state the parliamentary 
    inquiry.
        Mr. Saylor: Mr. Speaker, the House Calendar lists a bill to 
    come up under suspension and it is a House bill. Does it not 
    require unanimous consent to suspend the rules and take up a Senate 
    bill?
        The Speaker: The Chair will advise the gentleman from 
    Pennsylvania, under the rules of the House, the Speaker may 
    recognize a Member on a motion to suspend the rules.

Sec. 9.4 The House under suspension of the rules passed a simple 
    resolution paying from the contingent fund mileage and paying 
    expenses in a contested election case.

    On Aug. 7, 1948,(3) the House adopted, without debate, a 
simple
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 3. 94 Cong. Rec. 10247, 80th Cong. 2d Sess.
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[[Page 3914]]

resolution under suspension of the rules:

        Mr. [Ralph A.] Gamble [of New York]: Mr. Speaker, I move to 
    suspend the rules and pass House Resolution 715.
        The Clerk read as follows:

            Resolved, That the Clerk of the House of Representatives is 
        authorized and directed to pay to the Sergeant at Arms of the 
        House of Representatives not to exceed $171,000 out of funds 
        appropriated under the head ``Contingent expenses of the 
        Houses,'' fiscal year 1949, for additional mileage of Members 
        of the House of Representatives, Delegates from Territories, 
        and the Resident Commissioner from Puerto Rico, at the rate 
        authorized by law.
            Sec. 2. That the Clerk of the House of Representatives is 
        authorized and directed to pay to Walter K. Granger, contestee, 
        for expenses incurred in the contested-election case of Wilson 
        versus Granger, as audited and recommended by the Committee on 
        House Administration, $2,000, to be disbursed out of funds 
        appropriated under the head ``Contingent expenses of the 
        House,'' fiscal year 1949.

        The Speaker:(~4) Is a second demanded? [After a 
    pause.] The question is on suspending the rules and passing the 
    resolution.
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 4. Joseph W. Martin, Jr. (Mass.).
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        The question was taken; and (two-thirds having voted in favor 
    thereof) the rules were suspended and the resolution was passed.

Sec. 9.5 Under a motion to suspend the rules, a conference report was 
    recommitted to a conference committee.

    On Apr. 1, 1935,(5) Speaker Joseph W. Byrns, of 
Tennessee, recognized for a motion to suspend the rules following 
objection to a unanimous-consent request:
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 5. 79 Cong. Rec. 4761-65, 74th Cong. 1st Sess.
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        Mr. [James P.] Buchanan [of Texas]: Mr. Speaker, I ask 
    unanimous consent that the conference report on House Joint 
    Resolution 117, making appropriations for relief purposes, be 
    recommitted to the Committee of Conference.
        Mr. [John] Taber [of New York]: Mr. Speaker, reserving the 
    right to object, will the gentleman from Texas [Mr. Buchanan], 
    explain why he wants to have the joint resolution recommitted?
        Mr. Buchanan: Mr. Speaker, there are several reasons.
        Mr. [Clifton A.] Woodrum [of Virginia]: Mr. Speaker, I demand 
    the regular order.
        Mr. Taber: Then I shall object, Mr. Speaker.
        Mr. Woodrum: The gentleman is going to object anyway.
        Mr. Taber: Mr. Speaker, I object.
        Mr. Buchanan: Mr. Speaker, I move to suspend the rules and 
    recommit the conference report on House Joint Resolution 117, 
    making appropriations for relief purposes, to the Committee of 
    Conference.

    The House adopted the motion to suspend the rules, after House 
members of the conference committee explained that recommittal to 
conference was necessary in

[[Page 3915]]

order to correct errors in the report.

Sec. 9.6 On suspension days, the motion to suspend the rules is 
    admitted at the discretion of the Speaker, and he may decline to 
    entertain such motions unless they have the approval of the 
    Majority Leader.

    On Aug. 2, 1948,(6) Speaker Joseph W. Martin, Jr., of 
Massachusetts, declined to recognize for a motion to suspend the rules 
and pass a bill and indicated the reason therefor:
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 6. 94 Cong. Rec. 9639, 80th Cong. 2d Sess.
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        Mrs. [Helen Gahagan] 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.

        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.

Suspension Suspends All Rules

Sec. 9.7 A motion to suspend the rules (Rule XXVII) and pass a bill 
    operates to suspend all rules in conflict with the mo

[[Page 3916]]

    tion; thus, a point of order will not lie against consideration of 
    the bill on the ground that the committee report on the bill is 
    unavailable.

    On Sept. 16, 1968,(7) Speaker John W. McCormack, of 
Massachusetts, overruled a point of order against the consideration of 
a bill called up under suspension of the rules:
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 7. 114 Cong. Rec. 27029, 27030, 90th Cong. 2d Sess.
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        The Speaker: Is a second demanded?
        Mr. [H. R.] Gross [of Iowa]: Mr. Speaker, at the proper time I 
    ask to be recognized to make a point of order against consideration 
    of this bill.
        The Speaker: The Chair will state that if the gentleman 
    proposes to make a point of order, this is the time to make it.
        Mr. Gross: Mr. Speaker, I make a point of order against the 
    consideration of the bill (H.R. 19136) on the ground that it 
    violates rule XI, clause 26(e), in that it was reported from the 
    committee without a quorum being present.
        The Speaker: The Chair will state that the motion to suspend 
    the rules suspends all rules, including the rule mentioned by the 
    gentleman from Iowa.

Sec. 9.8 A motion to suspend the rules and pass a bill suspends all 
    rules, including the Ramseyer rule, and a point of order would not 
    lie as to any provision of the bill or against the report.

    On Mar. 7, 1949,(8) Speaker Sam Rayburn, of Texas, 
indicated a point of order against the consideration of a bill brought 
up under suspension of the rules would not lie:
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 8. 95 Cong. Rec. 1942, 1943, 81st Cong. 1st Sess.
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        Mr. [Carl] Vinson [of Georgia] (interrupting the reading of the 
    bill): Mr. Speaker, I ask unanimous consent that the further 
    reading of the bill as amended be dispensed with and that the same 
    be printed in the Record at this point.
        The Speaker: Is there objection to the request of the gentleman 
    from Georgia?
        Mr. [Vito] Marcantonio [of New York]: Mr. Speaker, reserving 
    the right to object, will that deprive any Member from making a 
    point of order against the bill at this time?
        The Speaker: A motion to suspend the rules suspends all rules. 
    Therefore, a point of order would not lie as to any provision of 
    the bill.
        Mr. Marcantonio: Including the Ramseyer rule?
        The Speaker: Including the Ramsever rule.

Sec. 9.9 Points of order may not be raised against a conference report 
    which is being considered under a motion to suspend the rules.

[[Page 3917]]

    On Aug. 20, 1937,(9) Mr. Marvin Jones, of Texas, moved 
to suspend the rules and adopt the conference report on H.R. 7667, the 
sugar bill of 1937, after Mr. Millard F. Caldwell, of Florida, 
indicated he wished to make a point of order against the conference 
report. Speaker William B. Bankhead, of Alabama, answered a 
parliamentary inquiry on the effect of the motion as to points of order 
against the report:
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 9. 81 Cong. Rec. 9463, 9464, 75th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. Caldwell: Mr. Speaker, as I stated, I don't want to waive 
    any rights that I have to make a point of order on the conference 
    report.
        Mr. Jones: If the House agrees to suspend the rules, that 
    suspends all rules and does away with points of order.

        Mr. Caldwell: Mr. Speaker, a parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Caldwell: Am I to understand that if the rules are 
    suspended the point of order will not lie to the conference report?
        The Speaker: A motion to suspend the rules, if agreed to, 
    suspends all rules. It must be adopted by a two-thirds vote. That 
    would include a point of order against the conference report.
        Mr. Caldwell: Then, Mr. Speaker if this report actually exceeds 
    the authority of the conferees by including matters neither in the 
    House nor the Senate bill, am I given to understand that the 
    suspending of the rules will prevent the making of a point of order 
    on that account?
        The Speaker: The motion to suspend the rules, if adopted by a 
    two-thirds vote, waives the right of any Member to make a point of 
    order against the conference report.

Sec. 9.10 Where a bill is being considered under suspension of the 
    rules, a point of order will not lie against the bill on the ground 
    that a quorum was not present when the bill was reported from 
    committee, since the motion to suspend the rules and pass the bill 
    has the effect of suspending all rules in conflict with the motion.

    On Oct. 7, 1968,(10) Mr. Durward G. Hall, of Missouri, 
propounded a parliamentary inquiry relative to the fact that there were 
scheduled to be brought up under suspension of the rules on that day 
four bills from the Committee on Post Office and Civil Service which 
were reported in violation of Rule XI clause 26(e) [Rule XI clause 
2(l)(2)(A) in the House Rules and Manual (1979)], which requires a 
quorum of a committee to be present when a bill is ordered reported. 
Speaker John W. McCormack, of Massa
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10. 114 Cong. Rec. 29764, 90th Cong. 2d Sess.
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[[Page 3918]]

chusetts, indicated that the point of order would not lie when the bill 
was brought up under suspension:

        Mr. Hall: . . . Mr. Speaker, I submit that the bills S. 1507, 
    S. 1190, H.R. 17954, and H.R. 7406 all were improperly reported. 
    Mr. Speaker, my parliamentary inquiry is this: At what point in the 
    proceedings would it be in order to raise the question against 
    these bills as being in violation of rule XI, clause 26(e) inasmuch 
    as they are scheduled to be considered under suspension of the 
    rules, which would obviously suspend the rule I have cited?
        Mr. Speaker, I ask the guidance of the Chair in lodging my 
    point of order against these listed bills so that my objection may 
    be fairly considered, and so that my right to object will be 
    protected. Mr. Speaker, I intend to do so only because orderly 
    procedure must be based on compliance with the rules of the House 
    which we have adopted.
        The Speaker: The Chair will state that any point of order would 
    have to be made when the bill is called up.
        The Chair might also advise or convey the suggestion to the 
    gentleman from Missouri that the bills will be considered under 
    suspension of the rules, and that means suspension of all rules.
        Mr. Hall: Mr. Speaker, a further parliamentary inquiry. Would 
    it not be in order, prior to the House going into the Consent 
    Calendar or suspension of the rules, to lodge the point of order 
    against the bills at this time?
        The Speaker: The point of order could be directed against such 
    consideration when the bills are called up under the general rules 
    of the House. The rules we are operating under today as far as 
    these bills are concerned concerns suspension of the rules, and 
    that motion will suspend all rules.
        Mr. Hall: Mr. Speaker, if I may inquire further, is it not true 
    that, until such time as we go into that period of suspension of 
    the rules, a point of order would logically lie against such bills 
    which violate the prerogatives of the House and of the individual 
    Members thereof, to say nothing of the committee rules? My belief 
    that a point of order should be sustained is based on improper 
    committee procedure and addresses itself to the fact that the bills 
    are improperly scheduled, listed, or programed on the calendar, or 
    rule of suspension, and so forth.
        The Speaker: The Chair will state, as to points of order, at 
    the time the Chair answered the specific inquiry of the gentleman 
    from Missouri, a point of order would not lie until the bill is 
    reached and brought up for construction.
        Mr. Hall: Mr. Speaker, may I be recognized at that time to 
    lodge such a point of order, and will this Member be protected?
        The Speaker: The Chair will always protect the rights of any 
    Member. The Chair has frankly conveyed to the gentleman that we are 
    operating under a suspension of the rules procedure today, and that 
    suspends all rules.
        Mr. [Leslie C.] Arends [of Illinois]: Mr. Speaker, a further 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Arends: Do I correctly understand the ruling of the Chair 
    that sus

[[Page 3919]]

    pending all the rules pertains to more than just the House; it 
    pertains to the rules of committee action likewise?
        The Speaker: The gentleman from Illinois is correct.
        Mr. Arends: I thank the Speaker.

Sec. 9.11 The Speaker has indicated that a point of order will not lie 
    under Rule XXI against a provision transferring or appropriating 
    funds contained in a legislative bill being considered under a 
    motion to suspend the rules.

    On Oct. 18, 1971,(11) Speaker Carl Albert, of Oklahoma, 
answered a parliamentary inquiry as to the effect of suspension of the 
rules where a bill violated Rule XXI clause 4: (12)
---------------------------------------------------------------------------
11. 117 Cong. Rec. 36507, 36508, 92d Cong. 1st Sess.
12. House Rules and Manual Sec. 846 (1973). [Now Rule XXI clause 5, 
        House Rules and Manual, Sec. 846 (1979).]
---------------------------------------------------------------------------

        Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker, my 
    parliamentary inquiry is that inasmuch as section 7 of this House 
    Joint Resolution 923 would under normal circumstances and methods 
    of consideration obviously be subject to a point of order because 
    it involves a transfer of funds in an authorization bill, at what 
    point under the motion to suspend the rules could such a point of 
    order be offered?
        The Speaker: The Chair will state to the gentleman from 
    Missouri that the motion made by the gentleman from Kentucky [Mr. 
    Perkins], itself calls for a suspension of the rules, which means 
    all the rules, and, therefore, there would be no point in the 
    consideration of the joint resolution under a suspension of the 
    rules to make that point of order.
        Mr. Hall: Mr. Speaker, a further parliamentary inquiry. Does 
    the Chair mean to inform the Members of the House that the only way 
    that we could get redress and relief from what would otherwise be a 
    point of order, would be if the committee moved to suspend the 
    rules and pass the bill with an amendment deleting that section?
        The Speaker: The Chair will advise the gentleman from Missouri 
    that the joint resolution comes to the floor under a motion to 
    suspend the rules and pass it with amendments. The amendments will 
    be under consideration, but only the amendments which are embraced 
    in the motion made by the gentleman from Kentucky are in order.
        Mr. Hall: Therefore, if this motion passes and we do suspend 
    the rules, unless the gentleman making the motion yielded for the 
    purpose of an amendment there would be no way to seek relief?
        The Speaker: The Chair will inform the gentleman from Missouri 
    that the gentleman who is making the motion to suspend the rules 
    and pass this joint resolution cannot yield for the purpose of 
    further amendment.

Sec. 9.12 A motion to suspend the rules and pass a bill suspends all 
    rules, and points of order against reference of the bill are not 
    entertained.

[[Page 3920]]

    On June 21, 1943,(13) the Speaker pro tempore, Jere 
Cooper, of Tennessee, overruled a point of order against the 
consideration of a bill brought up under suspension of the rules:
---------------------------------------------------------------------------
13. 89 Cong. Rec. 6209, 78th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [John] Lesinski [of Michigan]: Mr. Speaker, a point of 
    order.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Lesinski: Mr. Speaker, I make the point of order that the 
    bill is improperly brought in by the Committee on World War 
    Veterans' Legislation and that it belongs to the Committee on 
    Invalid Pensions.

        The Speaker Pro Tempore: The point of order comes too late. The 
    committee has reported the bill, and it is now under consideration 
    under a suspension of the rules.
        Mr. Lesinski: I know; but Mr. Speaker, the bill was brought 
    into the Committee on World War Veterans' Legislation in 
    typewritten form on one day, passed the same day, and filed the 
    same day. There was no time for the chairman of any other committee 
    to make an objection at the time.
        Mr. [John E.] Rankin [of Mississippi]: The gentleman from 
    Michigan does not know it, but a motion to suspend the rules 
    suspends all rules.
        The Speaker Pro Tempore: The purpose of a motion to suspend the 
    rules, of course, is to suspend all rules of the House.

Adoption of Orders of Business

Sec. 9.13 Objection being made to a unanimous-consent request to take a 
    House joint resolution with Senate amendments from the Speaker's 
    table, disagree to the Senate amendments, and agree to a 
    conference, the Speaker recognized the Member in charge for a 
    motion to suspend the rules and pass a resolution which would 
    accomplish such end.

    On July 6, 1943,(14) Speaker Sam Rayburn, of Texas, 
recognized for a motion to suspend the rules upon objection to a 
unanimous-consent request:
---------------------------------------------------------------------------
14. 89 Cong. Rec. 7309 78th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Henry B.] Steagall [of Alabama]: Mr. Speaker, I ask 
    unanimous consent to take from the Speaker's table the joint 
    resolution (H.J. Res. 147) to continue the Commodity Credit 
    Corportion as an agency of the United States, to increase its 
    borrowing power, and for other purposes, with Senate amendments 
    thereto, disagree to the Senate amendments, and agree to the 
    conference asked by the Senate.
        Mr. [Clarence] Cannon of Missouri: Reserving the right to 
    object, Mr. Speaker, I would not consent to the joint resolution 
    being sent to conference, but I would be willing to accede to the 
    gentleman's request if he will modify it by asking that we take the 
    joint resolution from the table and consider the Senate amendments 
    at this time.
        Mr. Steagall: Mr. Speaker, I withdraw the request.

[[Page 3921]]

        Mr. Speaker, I move to suspend the rules and agree to the 
    resolution which I sent to the Clerk's desk.
        The Clerk read the resolution (H. Res. 292), as follows:

            Resolved, That immediately upon the adoption of this 
        resolution, the joint resolution, House Joint Resolution 147, 
        with Senate amendments thereto, be and the same hereby is taken 
        from the Speaker's table, the Senate amendments disagreed to 
        and the conference requested by the Senate agreed to.

Sec. 9.14 The House agreed, under suspension of the rules, to a 
    resolution providing that the House insist upon its amendment to a 
    Senate bill, ask a conference, and that the Speaker immediately 
    appoint conferees.

    On June 18, 1948,(15) the House agreed to the following 
resolution brought up under suspension of the rules:
---------------------------------------------------------------------------
15. 94 Cong. Rec. 8829, 8830, 80th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Walter G.] Andrews of New York: Mr. Speaker, I move to 
    suspend the ru]es and pass the resolution, House Resolution 690, 
    which I send to the desk.
        The Speaker: (16) The Clerk will report the 
    resolution.
---------------------------------------------------------------------------
16. Joseph W. Martin, Jr. (Mass.).
---------------------------------------------------------------------------

        The Clerk read as follows:

            Resolved, That the House insist upon its amendment to S. 
        2655, ask a conference with the Senate on the disagreeing 
        votes, and that the Speaker immediately appoint conferees.

    Parliamentarian's Note: Where the resolution sought to be passed is 
presented in this form, providing that the Speaker immediately appoint 
conferees, a motion to instruct conferees is precluded.(17)
---------------------------------------------------------------------------
17. See Sec. 13.17, infra.
---------------------------------------------------------------------------

Sec. 9.15 The House may suspend its rules and pass a resolution to take 
    from the Speaker's table a House bill with Senate amend ment and to 
    agree to the Senate amendment.

    On Aug. 7, 1948,(18) the House agreed to a resolution, 
providing an order of business, brought up under suspension of the 
rules:
---------------------------------------------------------------------------
18. 94 Cong. Rec. 10197, 80th Cong. 2d Sess.
---------------------------------------------------------------------------

        Resolved, etc., That immediately upon the adoption of this 
    resolution the bill (H.R. 6959) to amend the National Housing Act, 
    as amended, and for other purposes, with the Senate amendment 
    thereto, be, and the same is hereby, taken from the Speaker's table 
    to the end that the Senate amendment be, and the same is hereby, 
    agreed to.

    The House agreed to a similar resolution under suspension on Aug. 
16, 1954: (19)
---------------------------------------------------------------------------
19. 100 Cong. Rec. 14631-35, 83d Cong. 2d Sess.
---------------------------------------------------------------------------

[[Page 3922]]

        Resolved, etc., That immediately upon the adoption of this 
    resolution the bill H.R. 6672, with the Senate amendment thereto, 
    be, and the same hereby is, taken from the Speaker's table, to the 
    end that the Senate amendment be, and the same is hereby, agreed 
    to.

Sec. 9.16 The House suspended the rules and passed a resolution taking 
    from the Speaker's table an appropriation bill with Senate 
    amendments thereto, further insisting on disagreement to the Senate 
    amendments, agreeing to a further conference, and authorizing the 
    Speaker to immediately appoint conferees without intervening 
    motion, subsequent to objection to a unanimous-consent request 
    therefor.

    On July 27, 1956,(20) objection was made to a unanimous-
consent request by Mr. Clarence Cannon, of Missouri, to take from the 
Speaker's table a House appropriation bill with Senate amendments 
thereto, disagree to the Senate amendments, and agree to the conference 
asked by the Senate.
---------------------------------------------------------------------------
20. 102 Cong. Rec. 15158, 84th Cong. 2d Sess.
---------------------------------------------------------------------------

    Later on the same day, Mr. Cannon moved to suspend the rules and 
pass a resolution to accomplish the same result (the House agreed to 
the motion): (1)
---------------------------------------------------------------------------
 1. Id. at p. 15169.
---------------------------------------------------------------------------

        Mr. Cannon: Mr. Speaker, I move to suspend the rules and pass 
    the resolution (H. Res. 648).
        The Clerk read as follows:

            Resolved, That immediately upon the adoption of this 
        resolution the bill H.R. 12350, with the Senate amendments 
        thereto, be, and the same is hereby taken from the Speaker's 
        table; that the House further insists on disagreement to the 
        Senate amendments and agrees to the further conference 
        requested by the Senate, and the Speaker shall immediately 
        appoint the conferees without intervening motion.

        The Speaker: (2) Is a second demanded? [After a 
    pause.] The Chair hears no request for a second.
---------------------------------------------------------------------------
 2. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

        The question is on suspending the rules and passing the 
    resolution.
        The question was taken; and (twothirds having voted in favor 
    thereof) the rules were suspended and the resolution was passed.
        The Speaker: The Chair appoints as conferees on the part of the 
    House: Messrs. Cannon, Kirwan, Gary, Taber, and Phillips.

Sec. 9.17 The Majority Leader was recognized to offer a motion to 
    suspend the rules and agree to a resolution authorizing the Speaker 
    to declare recesses for the remainder of the session.

    On Dec. 21, 1970,(3) the Majority Leader was recognized 
for a
---------------------------------------------------------------------------
 3. 116 Cong. Rec. 43069, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

[[Page 3923]]

motion to suspend the rules (a unanimousconsent request having been 
objected to):

        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I ask unanimous 
    consent that it shall be in order during the remainder of this 
    session for the Speaker to declare a recess at any time subject to 
    the call of the Chair.
        The Speaker:(4) Is there objection to the request of 
    the gentleman from Oklahoma?
---------------------------------------------------------------------------
 4. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        Mr. [H.R.] Gross [of Iowa]: Mr. Speaker, I object.
        The Speaker: Objection is heard.

        Mr. Albert: Mr. Speaker, I offer a resolution and move to 
    suspend the rules and adopt the resolution (H. Res. 1317), making 
    it in order for the Speaker to declare a recess at any time, 
    subject to the call of the Chair.
        The Clerk read as follows:

                                  H. Res. 1317

            Resolved, That during the re-mainder of this session it 
        shall be in order for the Speaker to declare a recess at any 
        time, subject to the call of the Chair.

        The Speaker: Is a second demanded?
        Mr. Gross: Mr. Speaker, I demand a second, and I make a point 
    of order that a quorum is not present.
        The Speaker: Without objection, a second will be considered as 
    ordered.
        Mr. Albert: Mr. Speaker, I withdraw the resolution until a 
    later time in the day.
        The Speaker: The gentleman from Oklahoma withdraws his 
    resolution at the present time.
        Mr. Gross: Mr. Speaker, I withdraw the point of order.

    Parliamentarian's Note: Once a second has been ordered (or 
considered as ordered by unanimous consent) on a motion to suspend the 
rules, unanimous consent is required to withdraw the motion.

Sec. 9.18 The House, under a motion to suspend the rules, passed a 
    resolution extending the time for debate on a motion to suspend the 
    rules, and making said motion the unfinished business until 
    disposed of.

    On Sept. 20, 1943,(5) a resolution providing for the 
consideration of a motion to suspend the rules was itself brought up 
and passed under suspension of the rules:
---------------------------------------------------------------------------
 5. 89 Cong. Rec. 7646-65, 78th Cong. 1st Sess.
            H. Con. Res. 25 expressed the sense of Congress favoring 
        creation of international machinery to establish and maintain 
        lasting peace and favoring U. S. participation therein.
---------------------------------------------------------------------------

        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I move 
    to suspend the rules and pass the resolution (H. Res. 302), which I 
    send to the Clerk's desk.
        The Clerk read as follows:

            Resolved, That the time for debate on a motion to suspend 
        the rules and pass House Concurrent Resolution 25 shall be 
        extended to 4 hours, such

[[Page 3924]]

        time to be equally divided and controlled by the chairman and 
        ranking minority member of the Committee on Foreign Affairs; 
        and said motion to suspend the rules shall be the continuing 
        order of business of the House until finally disposed of.

Passage of Measures Submitted From the Floor

Sec. 9.19 A resolution may be submitted from the floor and immediately 
    considered under suspension of the rules without referral to 
    committee.

    On Sept. 17, 1962,(6) Wilbur D. Mills, of Arkansas, 
Chairman of the Committee on Ways and Means, moved to suspend the rules 
and pass House Resolution 800 (taking a House bill with Senate 
amendments from the Speaker's table, and agreeing to such amendments), 
where the resolution was submitted directly from the floor as opposed 
to being introduced and referred to committee. After debate, the vote 
on the motion was postponed to a later day pursuant to a previous 
order.
---------------------------------------------------------------------------
6. 108 Cong. Rec. 19610, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

    Parliamentarian's Note: A resolution submitted from the floor and 
immediately considered under suspension of the rules is not referred to 
committee and is normally printed only ``as agreed to.'' If the 
resolution is not agreed to, it is printed ``as submitted.'' Where 
however, as on this occasion, the vote on the motion is postponed to a 
later day, the resolution is first printed ``as submitted'' and if the 
resolution is adopted then printed ``as agreed to.''

Passage of Appropriation Bills

Sec. 9.20 A general appropriation bill was called up under suspension 
    of the rules during the final week of a Congress, motions to 
    suspend the rules having been made in order at any time during that 
    week.

    On Aug. 22, 1958,(7) Mr. Albert Thomas, of Texas, moved 
to suspend the rules and pass H.R. 13856, a general appropriation bill 
making appropriations for sundry independent executive agencies. The 
House had previously agreed to a unanimous-consent request, on Aug. 20, 
authorizing the Speaker, Sam Rayburn, of Texas, to recognize for 
motions to suspend the rules during the balance of the week. The House 
adjourned on Aug. 24.
---------------------------------------------------------------------------
7. 104 Cong. Rec. 19175, 85th Cong. 2d Sess.
---------------------------------------------------------------------------

    Another occasion where a general appropriation bill was passed 
under suspension of the rules oc

[[Page 3925]]

curred on July 2, 1942, where Mr. Malcolm C. Tarver, of Georgia, moved 
to suspend the rules and pass the agricultural appropriation--bill for 
1943. The bill passed under suspension contained matters presently in 
agreement between House and Senate conferees on the regular 
appropriation bill, at that time in conference. Expedited action was 
necessary due to the payroll requirements of the Department of 
Agriculture. Following the adoption of the motion to suspend the rules 
and pass the bill, it was messaged to the Senate, where it was referred 
to committee and not immediately considered.(8)
---------------------------------------------------------------------------
8. 88 Cong. Rec. 5953-61, 77th Cong. 2d Sess.
---------------------------------------------------------------------------

Passage of Constitutional Amendment

Sec. 9.21 An amendment to the Constitution may be passed under a motion 
    to suspend the rules.

    On Dec. 5, 1932,(9) Mr. Henry T. Rainey, of Illinois, 
moved to suspend the rules and pass House Joint Resolution 480, 
proposing an amendment to the Constitution of the United States, 
repealing the 18th amendment to the Constitution. Two-thirds failed to 
vote in favor thereof and the motion was rejected.
---------------------------------------------------------------------------
9. 76 Cong. Rec. 7-13, 72d Cong. 2d Sess.
---------------------------------------------------------------------------

    On Aug. 27, 1962, Speaker John W. McCormack, of Massachusetts, 
recognized Mr. Emanuel Celler, of New York, to move to suspend the 
rules and pass Senate Joint Resolution 29, proposing an amendment to 
the Constitution of the United States to abolish nonpayment of a poll 
tax as a bar to voting in federal elections; the House had previously 
agreed to a request authorizing the Speaker to recognize for motions to 
suspend the rules on the fourth Monday of the month. Before Mr. Celler 
was recognized, a demand was made that the Journal be read in full, and 
three quorum calls and two record votes on dispensing with further 
proceedings under the calls interrupted such reading.(10)
---------------------------------------------------------------------------
10. 108 Cong. Rec. 17654-70, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

    The House adopted the motion and the joint resolution was passed. 
The joint resolution was, pursuant to title I, United States Code, 
section 106b, presented to the Administrator of General Services for 
ratification by the states, and was rati-fied as the 24th amendment to 
the Constitution.(11)
---------------------------------------------------------------------------
11. See also 96 Cong. Rec. 10427, 81st Cong. 2d Sess., July 17, 1950, 
        where a motion to suspend the rules and pass S.J. Res. 2, 
        proposing an amendment to the Constitution providing for a 
        method of electing the President and Vice President, was 
        rejected by the House.

---------------------------------------------------------------------------

[[Page 3926]]

    Parliamentarian's Note: The requirement of Rule XXVII clause 1 that 
a motion to suspend the rules passed by a two-thirds vote satisfied the 
requirement of article V of the United States Constitution that a 
proposed amendment thereto pass the House by a two-thirds vote (of 
those Members present and voting).

Passage of Emergency Legislation

Sec. 9.22 Immediately after a joint session to hear the President was 
    dissolved, the House suspended the rules and passed a bill 
    recommended by the President to settle a labor strike.

    On May 25, 1946,(12) a joint session was held in the 
House Chamber in order to hear an address from President Harry S. 
Truman; the President recommended the urgent passage of legislation to 
settle existing national strikes which had halted all rail 
transportation. Immediately following the President's address, the 
legislation which he had recommended was passed under suspension of the 
rules:
---------------------------------------------------------------------------
12. 92 Cong. Rec. 5752-62, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

            The recess having expired, the House was called to order by 
        the Speaker at 4 o'clock and 34 minutes p.m.

                Temporary Industrial Disputes Settlement Act

        The Speaker [Sam Rayburn, of Texas]: The Chair recognizes the 
    gentleman from Massachusetts [Mr. McCormack].
        Mr. [John W.] McCormack: Mr. Speaker, I move to suspend the 
    rules and pass the bill (H.R. 6578) to provide on a temporary basis 
    during the present period of emergency for the prompt settlement of 
    industrial disputes vitally affecting the national economy in the 
    transition from war to peace. . . .
        The Speaker: Is a second demanded?
        Mr. [Vito] Marcantonio [of New York]: Mr. Speaker, I demand a 
    second.
        The Speaker: Is the gentleman opposed to the bill?
        Mr. Marcantonio: I am, Mr. Speaker.
        Mr. McCormack: Mr. Speaker, I ask unanimous consent that a 
    second be considered as ordered.
        The Speaker: Is there objection to the request of the gentleman 
    from Massachusetts [Mr. McCormack]?
        There was no objection.

    After debate the following proceedings occurred:

        The Speaker: . . . The question is on the motion to suspend the 
    rules and pass the bill.

[[Page 3927]]

        Mr. McCormack: Mr. Speaker, on that I ask for the yeas and 
    nays.
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 306, nays 13, not 
    voting 112.

Sec. 9.23 The motion to suspend the rules is sometimes used to expedite 
    the passage of emergency legislation; thus, the House agreed to 
    suspend the rules and pass a joint resolution extending for 20 days 
    the period of negotiation under the Railway Labor Act, thereby 
    averting a threatened railway strike deadline less than 48 hours 
    away.

    On Apr. 11, 1967,(13) Mr. Harley O. Staggers, of West 
Virginia, moved to suspend the rules (pursuant to a unanimous-consent 
agreement obtained Apr. 10 making such motion in order) and pass House 
Joint Resolution 493, to extend for 20 days the period of negotiations 
under the Railway Labor Act. The House agreed to the motion and passed 
the bill, thus averting a threatened railway strike less than 48 hours 
away.
---------------------------------------------------------------------------
13. 113 Cong. Rec. 8987-90, 90th Cong. 1st Sess.
---------------------------------------------------------------------------

    Parliamentarian's Note: The use of the motion to suspend the rules 
on this date demonstrates rapid congressional action to meet a 
threatened emergency.
    The President met with congressional leaders at the White House 
early on the morning of April 10, and explained that the threatened 
strike deadline was midnight Wednesday, April 12. The President was 
leaving for Uruguay for a meeting of American heads of State on the 
11th and would be out of the country for the remainder of the week.
    A Presidential message and a draft of legislation was delivered to 
both Houses of Congress on the 10th. The House Committee on Interstate 
and Foreign Commerce met and ordered the resolution (H.J. Res. 493) 
reported late that afternoon. The committee had secured permission for 
filing the report after the adjournment of the House. (H. Rept. No. 
182.)
    The Senate and House both took up identical versions of the 
resolution on Tuesday, April 11. The Senate completed action first. 
Senate Joint Resolution 65 was messaged to the House just as the House 
completed action on its version. The House thus accepted the Senate 
resolution, taking it up and passing it by unanimous consent.
    The Senate enrolling clerk had in advance enrolled the bill, which 
was signed by both the Speaker

[[Page 3928]]

and the Vice President that same afternoon and was at the White House 
by 5:30 p.m. that evening.
    After White House processing, the bill was flown by helicopter to 
Andrews Air Force Base where an Air Force jet was waiting to fly to 
Uruguay. The joint resolution was signed by the President on April 12, 
in Uruguay, and became Public Law No. 90-10.

Sec. 9.24 The Speaker stated, in recognizing a Member for a unanimous-
    consent request to consider a bill, that if any amendments were 
    offered he would ask the Member to withdraw the request and to move 
    to suspend the rules and pass the bill because of the vital 
    importance that the bill pass immediately and without amendment.

    On July 5, 1943,(14) Speaker Sam Rayburn, of Texas, 
recognized a Member for a unanimous-consent request:
---------------------------------------------------------------------------
14. 89 Cong. Rec. 7213, 7214, 78th Cong. 1st Sess.
---------------------------------------------------------------------------

              Use of Government-owned silver for War Purposes

        The Speaker: The Chair recognizes the gentleman from Michigan 
    [Mr. Dingell].
        Mr. [John D.] Dingell: Mr. Speaker, I ask unanimous consent for 
    the immediate consideration of the bill (S. 35) to authorize the 
    use for war purposes of silver held or owned by the United States.
        The Clerk read the title of the bill.

    The House discussed the bill under the reservation of the right to 
object, and the Speaker then answered a parliamentary inquiry as 
follows:

        Mr. [Frederick C.] Smith of Ohio: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman will state it.
        Mr. Smith of Ohio: It is my understanding this bill will be 
    read and will be subject to amendment, providing there is no 
    objection to its consideration under the unanimous-consent request.
        The Speaker: The gentleman is correct, it would be subject to 
    amendment, but the Chair is going to be very frank with the 
    gentleman. If there are going to be amendments offered to this bill 
    the Chair will request the gentleman from Michigan to withdraw his 
    request, and then the Chair will recognize the gentleman from 
    Michigan to move to suspend the rules and pass the bill. The Chair 
    thinks it vitally important that this bill pass immediately, and he 
    thinks it should be passed without amendment. The Chair will accept 
    the responsibility if it is put up to the Chair.