[Deschler's Precedents, Volume 6, Chapter 21]
[Chapter 21. Order of Business; Special Orders]
[D. Types of Special Orders]
[Â§ 20. Varying Order of Business; Providing for Consideration]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 4119-4150]
 
                               CHAPTER 21
 
                   Order of Business; Special Orders
 
                       D. TYPES OF SPECIAL ORDERS
 
Sec. 20. Varying Order of Business; Providing for Consideration

    Pursuant to the jurisdiction of the Committee on Rules over the 
rules and order of business,(18) the committee has broad 
power to report and the House to adopt resolutions changing the regular 
order of business for the consideration of a proposition, and directing 
how the proposition will be considered.
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18. Rule XI clause 17(a), House Rules and Manual Sec. 715 (1973) [now 
        Rule X clause 1(q)(1), House Rules and Manual Sec. 786(a) 
        (1979)].
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    The measure whose consideration is made in order by a special rule 
may include, but is not limited to, a House or Senate bill or 
resolution, a House bill or resolution not reported from committee, or 
a measure which has not yet even been introduced.(19) The 
authority of the Committee on Rules to recommend to the House the 
specific procedures whereby a measure may be considered on the floor of 
the House is also broad. The only restrictions on that power are those 
provisions relating to the motions to recommit and to dispense with 
Calendar Wednesday, contained in Rule XI clause 23.(20)
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19. See Sec. Sec. 20.5-20.15, infra. A special order may similarly make 
        in order the consideration of a conference report not yet 
        reported (see Sec. 27, infra). For the principle that the power 
        extends to providing for the consideration of a bill not yet 
        introduced, see 8 Cannon's Precedents Sec. 3388.
20. House Rules and Manual Sec. 729 (1973) [now Rule XI clause 4(b), 
        House Rules and Manual Sec. 729(a) (1979)].
            Where the purpose of a special order is to bring before the 
        Committee of the Whole a bill not yet reported from a standing 
        committee, the usual form of the resolution is to provide that 
        upon the adoption of the resolution the House shall immediately 
        resolve itself into the Committee of the Whole for 
        consideration of the bill, rather than to provide that it shall 
        be in order to so move. See, for example, Sec. 20.13, infra.
            For further discussion of the authority of the Committee on 
        Rules and the applicable restrictions, including the extent to 
        which its reports are privileged, see Sec. Sec. 16, 17, supra. 
        For specific precedents on the motion to recommit as it relates 
        to special orders, see Sec. 26, infra.
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    Even while a bill is pending before and open to amendment in 
Committee of the Whole, the Committee on Rules may report and the House 
may adopt a resolution changing the method of consideration, such as 
making in order an amendment not otherwise in order under the rules of 
the House.(1)
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 1. See Sec. Sec. 20.32, 20.33, infra. For an earlier precedent, 
        wherein it was held that a resolution, authorizing the offering 
        of an amendment otherwise not in order during the further 
        consideration of a bill pending in Committee of the Whole, was 
        privileged when reported from the Committee on Rules, see 8 
        Cannon's Precedents Sec. 2258.

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[[Page 4120]]

    Furthermore, a special order may waive any rule or point of order 
insofar as it relates to a proposition to be considered.
    In providing a method of consideration, the Committee on Rules may 
recommend that a Union Calendar bill be considered in the House, that a 
simple resolution on the House Calendar be considered in Committee of 
the Whole and read for amendment, or that a Senate bill or amendment 
normally subject to consideration in Committee of the Whole be 
considered and amended in the House.(2)
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 2. See, for example, Sec. Sec. 20.16-20.23, 27.3, 27.6, infra.
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    In the following sections, some attempt is made to distinguish 
between ``open'' and ''closed'' rules, which dictate the degree to 
which amendments may be offered to a measure under consideration. But, 
for the most part, the possible forms and variations of resolutions on 
the order of business are so numerous, and depend so much on the 
evolution of the rules and practices of the House of Representatives, 
that a complete catalogue would be of doubtful utility. Thus, whenever 
possible in ensuing sections, general principles are stressed over 
specific. It is also emphasized that it is the function of the 
Committee on Rules, and not of the individual Member, to conceptualize 
and draft resolutions affecting the order of business, since the 
committee initiates special rules and reports them to the House as 
original propositions. Such resolutions are not generally introduced by 
Members, except when brought to the House floor by a motion to 
discharge.
    The reader may expect to find in this and the following sections 
brief discussions of procedural matters which are extensively discussed 
in other chapters of this work, since order of business resolutions 
reported from the Committee on Rules may cover every aspect of 
parliamentary procedure in the House of Representatives. An 
understanding of the precedents and practices governing any given area 
of procedure may aid in appreciating the form and purpose of such 
resolutions.

                            Cross References
As to the order of business generally, see Sec. 1, supra.
As to suspension of the rules to vary the order of business, see 
    Sec. 9, supra.

[[Page 4121]]

As to the regular order of business and consideration in Committee of 
    the Whole, see Ch. 19, supra.
As to bills, resolutions, and procedures for their consideration and 
    passage, see Ch. 24, infra.
As to consideration in the House and in the Committee of the Whole 
    generally, see Ch. 29, 
    infra.
                          -------------------

Making in Order Motion That House Resolve Into Committee of Whole for 
    Consideration of Bill

Sec. 20.1 Form of resolution providing that the Speaker shall recognize 
    a designated Member to move that the House resolve itself into 
    Committee of the Whole for consideration of a bill.

    The following resolution was under consideration on Mar. 10, 1960: 
(3)
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 3. H. Res. 359, 106 Cong. Rec. 5192, 5193, 86th Cong. 2d Sess.
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        Resolved, That upon the adoption of this resolution, the 
    Speaker shall recognize the chairman of the Committee on the 
    Judiciary, to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill (H.R. 8601) to enforce constitutional rights, and for 
    other purposes. All points of order against said bill are hereby 
    waived. After general debate, which shall be confined to the bill 
    and continue not to exceed two days to be equally divided and 
    controlled by the chairman of the Committee on the Judiciary and 
    the ranking minority member thereof, the bill shall be considered 
    as having been read and open at any point for amendment under the 
    five-minute rule. At the conclusion of such consideration, the 
    Committee shall rise and report the bill to the House with such 
    amendments as shall have been adopted, and the previous question 
    shall be considered as ordered on the bill and amendments thereto 
    to final passage without intervening motion except one motion to 
    recommit with or without instructions.

    As a further example, the following resolution was considered on 
Sept. 27, 1965:

        Resolved, That upon the adoption of this resolution the Speaker 
    shall recognize Representative Abraham J. Multer, or Representative 
    Carlton R. Sickles, or Representative Charles McC. Mathias, Junior, 
    or Representative Frank J. Horton to move that the House resolve 
    itself into the Committee of the Whole House on the State of the 
    Union for the consideration of the bill (H.R. 4644) to provide an 
    elected mayor, city council, and nonvoting Delegate to the House of 
    Representatives for the District of Columbia, and for other 
    purposes, and all points of order against said bill are hereby 
    waived. After general debate, which shall be confined to the bill 
    and continue not to exceed five hours, to be equally divided and 
    controlled by one of the aforementioned Members and a

[[Page 4122]]

    Member who is opposed to said bill to be designated by the Speaker, 
    the bill shall be read for amendment under the five-minute rule by 
    titles instead of by sections. At the conclusion of such 
    consideration the Committee shall rise and report the bill to the 
    House with such amendments as may have been adopted, and the 
    previous question shall be considered as ordered on the bill and 
    amendments thereto to final passage without intervening motion 
    except one motion to recommit, with or without instructions. After 
    the passage of H.R. 4644, the Committee on the District of Columbia 
    shall be discharged from the further consideration of the bill S. 
    1118, and it shall then be in order in the House to move to strike 
    out all after the enacting clause of said Senate bill and insert in 
    lieu thereof the provisions contained in H.R. 4644 as passed. This 
    special order shall be a continuing order until the bill is finally 
    disposed of.(4)
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 4. Brought up by motion to discharge, H. Res. 515, 111 Cong. Rec. 
        25185, 89th Cong. 1st Sess.
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    Parliamentarian's Note: Section 23, infra, discusses raising points 
of order against bills when the special order makes in order motion to 
resolve into the Committee of the Whole for consideration thereof.

Sec. 20.2 The Speaker held that the effect of a special rule providing 
    for the consideration of a bill was to give to the bill the 
    privileged status for consideration that a revenue or appropriation 
    bill has under Rule XVI clause 9, and that such privilege could be 
    granted notwithstanding the fact that the bill was not on a 
    calendar of the House.

    On June 28, 1930,(5) Mr. Fred S. Purnell, of Indiana, 
called up by direction of the Committee on Rules, House Resolution 264, 
providing that upon the adoption of the resolution it would be in order 
to move that the House resolve itself into the Committee of the Whole 
for the consideration of a particular bill, and providing for that 
bill's consideration. Speaker Nicholas Longworth, of Ohio, overruled a 
point of order against the resolution and characterized the effect of 
such a resolution from the Committee on Rules:
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 5. 72 Cong. Rec. 11994, 11995, 71st Cong. 2d Sess.
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        Mr. [Carl R.] Chindblom [of Illinois]: Mr. Speaker, if pressed, 
    I will make the point of order that the resolution from the 
    Committee on Rules is not in order because it relates to a bill 
    which is not now upon the calendar of the House under the 
    conditions and in the status which existed when this resolution was 
    adopted by the Committee on Rules.
        The calendar shows that H.R. 12549 was reported to the House on 
    June 24, 1930, Report No. 2016, and was placed on the House 
    Calendar. The resolution or rule now called up for consideration

[[Page 4123]]

    by the Committee on Rules was presented to the House June 20, 1930, 
    and therefore before the bill on the calendar had been reported to 
    the House.
        Of course, we all know that this bill is now upon the calendar 
    for the third time. A previous rule was adopted for its 
    consideration on June 12, 1930, and at that time a point of order 
    was made, when it was sought to take up the bill in Committee of 
    the Whole House on the state of the Union, on the ground that the 
    report did not comply with the Ramseyer rule. Subsequently, after 
    the present rule was presented in the House on June 20, 1930, I 
    think it is well known that another irregularity in the adoption of 
    the report became known, so, on June 23, if my recollection is 
    correct, the chairman of the Committee on Patents obtained 
    unanimous consent to withdraw the bill and the report, and the bill 
    was thereupon again reported the following day and placed upon the 
    House Calendar.
        The situation is novel and arises, so far as I can learn, for 
    the first time, and it raises the question whether the Committee on 
    Rules has authority in advance of the report of a bill, and in 
    advance of the placing of a bill on any calendar of the House, to 
    bring in a rule for the consideration of the bill under the general 
    rules of the House, as this resolution does, because the rule 
    merely makes it in order to move that the House resolve itself into 
    the Committee of the Whole House on the state of the Union for the 
    consideration of the bill. As I construe the rule, it does not 
    suspend any of the rules of the House in reference to the 
    consideration of legislation. It does not suspend the rule which 
    requires bills to be upon the calendar of the House before they can 
    have consideration. It merely makes it in order to move that the 
    House resolve itself into the Committee of the Whole House on the 
    state of the Union for the consideration of the bill.
        Mr. [John Q.] Tilson [of Connecticut]: Mr. Speaker, will the 
    gentleman yield?
        Mr. Chindblom: Yes.
        Mr. Tilson: Does not the effect of this resolution date from 
    the time it is adopted by the House, and not from the time it was 
    reported by the Committee on Rules? And if we to-day in the House 
    adopt the rule, is not the effect of the rule to be applied as of 
    to-day, and not three or four days ago, when the rule was reported?
        The Speaker: The Chair is prepared to rule. It is not necessary 
    to pass upon the question of whether the original rule for the 
    consideration of this bill is still alive or not. The Chair, when 
    the matter was originally submitted to him, informally expressed a 
    grave doubt as to whether it would be considered alive. But this 
    rule is an entirely different rule. It appears now for the first 
    time for consideration. The Chair is aware that this bill has had a 
    rather stormy passage. It has been twice rereferred to the 
    committee, but as the bill now appears, so far as the Chair is 
    advised, it is properly on the calendar as of June 24, 1930, and 
    this special rule is properly reported to consider that bill. The 
    Chair thinks that all that special rules of this sort do is to put 
    bills for which they are provided in the same status that a revenue 
    or appropriation bill has under the general rules of the House. 
    Clause 9 of Rule XVI provides:

[[Page 4124]]

            At any time after the reading of the Journal it shall be in 
        order, by direction of the appropriate committees, to move that 
        the House resolve itself into the Committee of the Whole House 
        on the state of the Union for the purpose of considering bills 
        raising revenue, or general appropriation bills.

        Now all that this special rule does is to give the same status 
    to this particular bill at this particular time. The Chair has no 
    hesitation in saying that the Committee on Rules has acted with 
    authority, and that it will be in order to move that the House 
    resolve itself into the Committee of the Whole House on the state 
    of the Union for the consideration of this bill after the 
    resolution is passed.

Sec. 20.3 The adoption of a resolution making in order the 
    consideration of a bill does not necessarily make such bill the 
    unfinished business the next day, and such bill can only be called 
    up by a Member designated by the committee to do so.

    On July 19, 1939,(6) the House had adopted a special 
order providing that upon the adoption thereof ``it shall be in order 
to move that the House resolve itself into the Committee of the Whole'' 
for the consideration of a bill. Speaker William B. Bankhead, of 
Alabama, answered an inquiry on the effect of the resolution:
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 6. 84 Cong. Rec. 9541, 76th Cong. 1st Sess.
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        Mr. [Sam] Rayburn [of Texas]: Mr. Speaker, I may state to the 
    House that it has been decided we will not proceed further with the 
    bill under consideration than the adoption of the rule this 
    afternoon.
        Mr. [Kent E.] Keller [of Illinois]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Keller: Mr. Speaker, what will be the parliamentary 
    situation tomorrow?
        The Speaker: The Chair is not in position to answer the 
    parliamentary inquiry of the gentleman from Illinois. The Chair 
    cannot anticipate what measure may be called up tomorrow.
        Mr. [Claude V.] Parsons [of Illinois]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Parsons: Mr. Speaker, the House having adopted the rule, is 
    not this bill the unfinished business of the House on tomorrow?
        The Speaker: Not necessarily. The rule adopted by the House 
    makes the bill in order for consideration, but it is not 
    necessarily the unfinished business. It can only come up, after the 
    adoption of the rule, by being called up by the gentleman in charge 
    of the bill.

Filing Supplemental Report on Measure on Which Special Order Has Been 
    Reported

Sec. 20.4 The reporting of a special rule for the consideration of a 
    bill does not preclude the committee from which the bill is 
    reported from obtaining unanimous

[[Page 4125]]

    consent to file a supplemental report advocating an amendment to 
    the bill.

    On Feb. 29, 1940,(7) there was pending before the House 
a special order from the Committee on Rules providing for the 
consideration of a bill. A parliamentary inquiry was propounded 
relative to the fact that following the report from the Committee on 
Rules, the legislative committee reporting the bill reported a 
supplemental report recommending an amendment to the bill on the House 
floor:
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 7. 86 Cong. Rec. 2184, 2185, 76th Cong. 3d Sess.
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        Mr. [Earl C.] Michener [of Michigan]: The Speaker was not in 
    the Chair when I raised my original point. The point was this, that 
    a legislative committee asked for a rule to consider a specific 
    piece of legislation dealing with a specific matter in a particular 
    way. I was not then a member of the committee. After consideration 
    the Rules Committee felt it wise to recommend a rule providing for 
    the consideration of this particular thing in this particular way. 
    Shortly after that the legislative committee secured unanimous 
    consent to file a supplemental report on this original bill, and in 
    their report the legislative committee adopted another bill dealing 
    with the same matter but in an entirely different way and in a way 
    that possibly--and probably--would not have been authorized when 
    the rule was asked for.
        A confidential copy is floating around here of the bill which 
    the committee intends to bring up. My inquiry is whether that can 
    be done under the rules of the House. If that can be done, it is a 
    simple matter for any committee to ask for a rule on a perfectly 
    harmless bill which everyone might be for, and then, after they get 
    the rule, bring in another bill in fact, under the same number. 
    This rule was granted on July 10 last year. Then in January, 7 
    months later, they introduce a new bill in a supplemental report 
    and are attempting to bring this new bill dealing with the same 
    subject matter in an entirely different manner before the House 
    under the old rule. Can that be done?

    Speaker William B. Bankhead, of Alabama, answered the inquiry as 
follows:

        The gentleman from Michigan [Mr. Michener], who raises this 
    question by parliamentary inquiry, of course, is familiar with the 
    general principle that all proposed action touching the rules, 
    joint rules, and orders of business shall be referred to the 
    Committee on Rules. Under a broad, uniform construction of that 
    jurisdiction, the Rules Committee, as the Chair understands it, has 
    practically plenary power, unreserved and unrestricted power, to 
    submit for the consideration of the House any order of business it 
    sees fit to submit, subject, of course, to the approval of the 
    House.
        The Chair, of course, knows nothing about what was in the minds 
    of the committee in reference to this legislation. The Chair can 
    only look at the face of the record as it is presented from a 
    parliamentary standpoint. As

[[Page 4126]]

    the Chair construes the resolution now pending, it is very broad in 
    its terms. It provides for the consideration of a Senate bill 
    pending on the Union Calendar and the Chair assumes that the 
    Committee on Rules was requested to give a rule for the 
    consideration of that bill, which was the original basis for any 
    legislation that may be passed touching this subject of stream 
    pollution.
        In conformance with the general power and jurisdiction of the 
    Rules Committee, it did report a resolution providing that in the 
    consideration of the Senate bill any germane amendments may be 
    offered; and, of course, it is not the province of the Chair, 
    presiding over the House, to determine the relevancy or germaneness 
    of any amendment that may be submtted in the Committee of the 
    Whole, whether by way of a substitute or by way of amendment.
        The Chair is clearly of the opinion that the Rules Committee 
    had a perfect right under the general authority conferred upon it 
    to report this resolution providing for this method of 
    consideration of the bill.

Immediate Consideration of Bills Not Reported From Committee

Sec. 20.5 Form of resolution making in order the immediate 
    consideration of a joint resolution not yet reported by the 
    committee to which referred.

    The following resolution was under consideration on June 24, 
1965:(8)
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 8. H. Res. 433, 111 Cong. Rec. 14705, 89th Cong. 1st Sess.
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        Resolved, That, upon the adoption of this resolution, the House 
    shall immediately resolve itself into the Committee of the Whole 
    House on the State of the Union for the consideration of the House 
    joint resolution (H.J. Res. 541) to extend the Area Redevelopment 
    Act for a period of two months. After general debate, which shall 
    be confined to the resolution and shall continue not to exceed one 
    hour, to be equally divided and controlled by the chairman and 
    ranking minority member of the Committee on Banking and Currency, 
    the resolution shall be read for amendment under the five-minute 
    rule. At the conclusion of the consideration of the resolution for 
    amendment the Committee shall rise and report the resolution to the 
    House with such amendments as may have been adopted, and the 
    previous question shall be considered as ordered on the resolution 
    and amendments thereto to final passage without intervening motion 
    except one motion to recommit.

Sec. 20.6 Where the House adopts a resolution providing for the 
    ``immediate consideration'' in Committee of the Whole of a bill not 
    reported from committee, the Speaker directs that the House resolve 
    itself into Committee of the Whole without recognizing for a motion 
    to that effect

[[Page 4127]]

    On June 24, 1965, the House adopted House Resolution 433, providing 
that upon the adoption of the resolution the House ``shall immediately 
resolve itself into the Committee of the Whole House on the state of 
the Union for the consideration'' of a bill not yet reported from 
committee. The House proceeded as follows upon the adoption of the 
resolution (Speaker John W. McCormack, of Massachusetts, presiding):

        Mr. [Ray J.] Madden [of Indiana]: Mr. Speaker, I move the 
    previous question on the resolution.

        The previous question was ordered.
        The Speaker: The question is on the resolution.
        The resolution was agreed to.
        The Speaker: Pursuant to House Resolution 433, the House 
    resolves itself into the Committee of the Whole House on the State 
    of the Union for the consideration of the joint resolution (H.J. 
    Res. 541).
        Accordingly, the House resolved itself into the Committee of 
    the Whole House on the State of the Union for the consideration of 
    the joint resolution (H.J. Res. 541), to extend the Area 
    Redevelopment Act for a period of 2 months, with Mr. Boland in the 
    chair.
        The Clerk read the title of the joint resolution.
        By unanimous consent, the first reading of the joint resolution 
    was dispensed with.
        Mr. [Wright] Patman [of Texas]: Mr. Chairman, I yield myself 5 
    minutes.(9)
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 9. 111 Cong. Rec. 14705, 14706, 89th Cong. 1st Sess.
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    Similarly on Mar. 17, 1970, the House proceeded as follows (Speaker 
McCormack presiding):

        Mr. [B. F.] Sisk [of California]: Mr. Speaker, by direction of 
    the Committee on Rules, I call up House Resolution 874 and ask for 
    its immediate consideration.
        The Clerk read the resolution, as follows:

                                  H. Res. 874

            Resolved, That immediately upon the adoption of this 
        resolution the House shall resolve itself into the Committee of 
        the Whole House on the State of the Union for the consideration 
        of the bill (S. 858) to amend the Agricultural Adjustment Act 
        of 1938 with respect to wheat. After general debate, which 
        shall be confined to the bill and shall continue not to exceed 
        one hour, to be equally divided and controlled by the chairman 
        and ranking minority member of the Committee on Agriculture, 
        the bill shall be read for amendment under the five-minute 
        rule. At the conclusion of the consideration of the bill for 
        amendment, the Committee shall rise and report the bill to the 
        House with such amendments as may have been adopted, and the 
        previous question shall be considered as ordered on the bill 
        and amendments thereto to final passage without intervening 
        motion except one motion to recommit. . . .

        Mr. Sisk: Mr. Speaker, I move the previous question on the 
    resolution.
        The previous question was ordered. The resolution was agreed 
    to.
        A motion to reconsider was laid on the table.
        The Speaker: Pursuant to House Resolution 874, the House 
    resolves itself into the Committee of the Whole

[[Page 4128]]

    House on the State of the Union for the consideration of the bill 
    (S. 858) to amend the Agricultural Adjustment Act of 1938 with 
    respect to wheat.
        Accordingly the House resolved itself into the Committee of the 
    Whole House on the State of the Union for the consideration of the 
    bill S. 858, with Mr. Flynt in the chair.(10)
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10. 116 Cong. Rec. 7690, 7691, 91st Cong. 2d Sess.
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Sec. 20.7 The Committee on Rules, pursuant to its authority under Rule 
    XI clause 23 [Rule XI clause 4(b) in the 1979 House Rules and 
    Manual] to call up privileged resolutions relating to the order of 
    business, may provide for the discharge of a standing committee 
    from consideration of a measure pending before that committee.

    On Feb. 9, 1972,(11) Mr. Thomas P. O'Neill, Jr., of 
Massachusetts, called up by direction of the Committee on Rules, and 
the House adopted, House Resolution 796, providing that upon its 
adoption the House should immediately resolve itself into the Committee 
of the Whole for the consideration of House Joint Resolution 1025 (to 
provide a procedure for the settlement of a dispute on the Pacific 
Coast and Hawaii among certain shippers and employees), to be managed 
by the Committee on Education and Labor.
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11. 118 Cong. Rec. 3437, 92d Cong. 2d Sess.
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    The effect of the resolution was to discharge the Committee on 
Education and Labor from the further consideration of the joint 
resolution, as it had not yet been reported to the House by that 
committee.
    Parliamentarian's Note: The Committee on Education and Labor had 
ordered reported another joint resolution on the same subject, but was 
unable to file its report because certain Members had, pursuant to Rule 
XI clause 27(d)(3) [now Rule XI clause 2(l)(5), House Rules and Manual 
Sec. 714 (1979)] requested three calendar days to file supplemental, 
minority, or additional views.

Sec. 20.8 Where the House adopts a resolution providing for discharging 
    a legislative committee from the further consideration of the bill 
    pending before that committee, a point of order against the 
    consideration of the bill on the ground that the ``Ramseyer Rule'' 
    has not been complied with does not lie, since that rule (Rule XIII 
    clause 3) pertains only to bills reported by the committees and not 
    to bills brought before the House by other means.

[[Page 4129]]

    On Aug. 19, 1964, the House adopted a special order from the 
Committee on Rules, House Resolution 845, with a committee amendment, 
providing for the immediate consideration of a bill pending before and 
not yet reported by a standing committee: (12)
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12. 110 Cong. Rec. 20213-21, 88th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: (13) The Clerk will report the 
    resolution.
---------------------------------------------------------------------------
13. John W. McCormack (Mass.).
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        The Clerk read as follows:

            Resolved, That 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 for 
        the consideration of the bill (H.R. 11926) to limit 
        jurisdiction of Federal courts in reapportionment cases. After 
        general debate, which shall be confined to the bill and shall 
        continue not to exceed two hours, to be equally divided and 
        controlled by the chairman and ranking minority member of the 
        Committee on the Judiciary, the bill shall be read for 
        amendment under the five minute rule. At the conclusion of the 
        consideration of the bill for amendment, the Committee shall 
        rise and report the bill to the House with such amendments as 
        may have been adopted, and the previous question shall be 
        considered as ordered on the bill and amendments thereto to 
        final passage without intervening motion except one motion to 
        recommit.

        The Speaker: The Clerk will report the committee amendments.
        The Clerk read as follows:

            Committee amendments: Lines 1 and 2, page 1, strike the 
        words ``it shall be in order to move that,'' and line 2, page 
        1, after the word ``House'' insert ``shall immediately''.

        The Speaker: Without objection, the committee amendments are 
    agreed to.
        There was no objection.

    Following the adoption of the resolution, Speaker McCormack 
overruled a point of order against the consideration of the bill on the 
grounds that it had not been ``properly reported'': (14)
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14. 110 Cong. Rec. 20221, 20222, 88th Cong. 2d Sess.
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        Mr. [James G.] O'Hara of Michigan: Mr. Speaker, I make a point 
    of order against the consideration of the bill H.R. 11926.
        The Speaker: The gentleman will state his point of order.
        Mr. O'Hara of Michigan: Mr. Speaker, I make a point of order 
    against the consideration of H.R. 11926 on the ground that the bill 
    has not been properly reported in that it purports to amend title 
    28 of the United States Code, that is, the act of June 25, 1948, 
    chapter 646, but it fails to show in its report or in an 
    accompanying document a comparative print of that part of the bill 
    making and amending the statute or part thereof proposed to be 
    amended as required by part 3, rule XIII, of the House of 
    Representatives.
        The Speaker: The Chair is prepared to rule.
        Rule XIII, clause 3, provides, ``whenever a committee reports a 
    bill or a joint resolution repealing or amending any statute or 
    part thereof it shall include in its report or in an accompanying 
    document the text of the stat

[[Page 4130]]

    ute or part thereof which is proposed to be repealed;''. It will be 
    noted that the rule only applies when a committee reports a bill. 
    In this case the Committee on the Judiciary did not file a report 
    on H.R. 11926. Therefore, that rule does not apply to the present 
    situation.
        In addition, the resolution before the House provides for the 
    House immediately to resolve itself into the Committee of the Whole 
    House on the State of the Union for the consideration of this 
    particular bill.
        The Chair overrules the point of order.

Sec. 20.9 A point of order that the Committee on Rules has reported a 
    special rule providing for the consideration of a bill prior to the 
    time the bill to be considered was reported and referred to the 
    Union Calendar does not lie.

    On June 28, 1930,(15) Mr. Fred S. Purnell, of Indiana, 
called up by direction of the Committee on Rules House Resolution 264, 
making in order the consideration of a bill. Mr. Carl R. Chindblom, of 
Illinois, made a point of order against the report of the Committee on 
Rules, on the ground that the committee had reported the resolution to 
the House on June 20, 1930, whereas the bill was first reported to the 
House on a later date, on June 24, 1930 (and was recommitted twice to 
the committee of jurisdiction in order to correct errors in the 
report). Mr. Chindblom asserted that the effect of the resolution was 
to make it in order to resolve into the Committee of the Whole for the 
consideration of the bill, but not to waive the ``rule which requires 
bills to be upon the calendar of the House before they can have 
consideration.''
---------------------------------------------------------------------------
15. 72 Cong. Rec. 11994, 11995, 71st Cong. 2d Sess.
---------------------------------------------------------------------------

    Speaker Nicholas Longworth, of Ohio, overruled the point of order 
and stated in part as follows:

        . . . The Chair thinks that all that special rules of this sort 
    do is to put bills for which they are provided in the same status 
    that a revenue or appropriation bill has under the general rules of 
    the House. Clause 9 of Rule XVI provides:

            At any time after the reading of the Journal it shall be in 
        order, by direction of the appropriate committees, to move that 
        the House resolve itself into the Committee of the Whole House 
        on the state of the Union for the purpose of considering bills 
        raising revenue, or general appropriation bills.

        Now all that this special rule does is to give the same status 
    to this particular bill at this particular time. The Chair has no 
    hesitation in saying that the Committee on Rules has acted with 
    authority, and that it will be in order to move that the House 
    resolve itself into the Committee of the Whole House on the state 
    of the Union for the consideration of this bill after the 
    resolution is passed.

[[Page 4131]]

Sec. 20.10 The Committee on Rules may consider any matter that is 
    properly before them, including a provision for the consideration 
    of a bill on which a majority report has not yet been made.

    On July 30, 1959,(16) Speaker Sam Rayburn, of Texas, 
answered parliamentary inquiries on the procedures of the Committee on 
Rules:
---------------------------------------------------------------------------
16. 105 Cong. Rec. 14743, 86th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Clark E.] Hoffman of Michigan: I ask the question, under 
    the rules of the House, can the Committee on Rules report out a 
    bill before they get a majority report from the committee?
        The Speaker: The gentleman from North Carolina [Mr. Barden] 
    asked unanimous consent, which was obtained, to have until midnight 
    tonight to file a report of the Committee on Education and Labor on 
    the so-called labor bill.
        Mr. Hoffman of Michigan: My question is until a majority of the 
    committee sign the report, can the Committee on Rules consider the 
    bill?
        The Speaker: The Committee on Rules has the authority to 
    consider any matter which is properly before them. The Chair would 
    certainly hold that this is properly before the Committee on Rules.
        Mr. Hoffman of Michigan: Still, there is that word 
    ``properly.'' I was asking a simple question.
        The Speaker: The Chair has answered the question.

Sec. 20.11 The Committee on Rules may report a resolution providing for 
    the consideration of a bill, even though the effect be to discharge 
    a committee and bring before the House a bill not yet reported.

    On Aug. 19, 1964,(17) Speaker John W. McCormack, of 
Massachusetts, overruled a point of order against a special order from 
the Committee on Rules providing for the consideration of a bill not 
yet reported from the committee:
---------------------------------------------------------------------------
17. 110 Cong. Rec. 20212, 20213, 88th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Howard W.] Smith of Virginia: Mr. Speaker, I call up House 
    Resolution 845 and ask for its immediate consideration.
        Mr. [James G.] O'Hara of Michigan: Mr. Speaker, I make a point 
    of order.
        The Speaker: The gentleman will state it.
        Mr. O'Hara of Michigan: Mr. Speaker, I make a point of order 
    against the consideration of House Resolution 845 on the grounds 
    that the Committee on Rules is without jurisdiction to bring such 
    resolution to the floor of the House under the provisions of rule 
    16 of the Rules of the House of Representatives, and I ask 
    permission to be heard on the point of order.
        The Speaker: The Chair will hear the gentleman.
        Mr. O'Hara of Michigan: Mr. Speaker, a review of the precedents 
    of this House reveals occasions on which the

[[Page 4132]]

    House has permitted the Committee on Rules to bring before it 
    resolutions making in order the consideration of bills that have 
    been improperly referred to legislative committees, bills that had 
    not yet been referred to the Committee on Rules, and possibly even 
    a bill not yet introduced. In addition, a decision of the Speaker 
    of the House permitted the consideration of resolution of the 
    Committee on Rules of a bill that had not been placed on the 
    calendar at the time the resolution was reported by the Committee 
    on Rules. However, Mr. Speaker, I can find no occasions on which 
    the Hose has clearly permitted the Committee on Rules to report to 
    it a resolution making in order the consideration of a bill that 
    had been introduced in the House of Representatives and referred by 
    it--properly referred by it--to one of its legislative committees 
    and not yet reported out or acted upon by that legislative 
    committee to which the bill had been referred.
        Mr. Speaker, I move to make this point of order after noting 
    the gentleman from Virginia, the chairman of the Committee on 
    Rules, which reported out House Resolution 845, is on record 
    strongly opposing such action by the Committee on Rules as 
    unprecedented and unwarranted. . . .
        The only comparable incident I can find which might provide a 
    precedent for this, Mr. Speaker, was the action taken by this 
    Congress on the price control legislation in the 79th Congress, 2d 
    session, found at page 8059 of the Congressional Record. This, 
    however, it might be pointed out, was emergency legislation and a 
    similar version had earlier been reported by a legislative 
    committee, acted upon by the House and vetoed by the President. . . 
    .
        The Speaker: Does the gentleman from Virginia [Mr. Smith] 
    desire to be heard on the point of order?
        Mr. Smith: of Virginia: Just briefly, Mr. Speaker. The rules 
    are perfectly clear. The Committee on Rules, under the rules of the 
    House, may report a rule on any pending bill. This is a pending 
    bill before the Rules Committee and the precedents for that are 
    well established. The rule itself is very plain.
        The Speaker: The Chair is prepared to rule.
        The Chair finds a precedent in volume 5 of ``Hinds' Precedents 
    of the House of Representatives'' at section 6771. On February 4, 
    1895, a similar point of order was raised against an action taken 
    by the Rules Committee. The Speaker at that time, Speaker Crisp, of 
    Georgia, ruled on a point of order made by Mr. Thaddeus M. Mahon, 
    of Pennsylvania. The point of order was the same as that made by 
    the gentleman from Michigan [Mr. O'Hara], that the bill had not 
    been reported from the Committee on War Claims and therefore it was 
    not in order for the Committee on Rules to report a resolution for 
    its consideration in the House.
        Speaker Crisp overruled the point of order, holding that the 
    Committee on Rules had jurisdiction to report a resolution fixing 
    the order of business and the manner of considering a measure, even 
    though the effect of its adoption would be to discharge a committee 
    from a matter pending before it, thereby changing the existing rule 
    relative to the consideration of business.

[[Page 4133]]

        Speaker Crisp further said that it was for the House to 
    determine whether the change in the mode of consideration should be 
    made, as recommended by the committee.
        The rules of the House provide that--

            The following-named committees shall have leave to report 
        at any time on the matters herein stated, viz: The Committee on 
        Rules, on rules, joint rules, and order of business.

        The Chair also desires to state that in 1929 a similar point of 
    order was raised. In 1946 and again in 1953 the Committee on Rules 
    reported similar resolutions and on each occasion the precedent 
    established by Speaker Crisp was followed and adhered to.
        Therefore, the Chair overrules the point of order.

Sec. 20.12 The Committee on Rules may report resolutions providing for 
    the immediate consideration of bills not yet reported by the 
    committees to which referred.

    On Aug. 19, 1964,(18) the House adopted House Resolution 
845, reported by the Committee on Rules, providing for the immediate 
consideration of H.R. 11926 (limiting the jurisdiction of federal 
courts in apportionment cases) which was pending before, and not yet 
reported by, the Committee on the Judiciary.
---------------------------------------------------------------------------
18. 110 Cong. Rec. 20212, 20213, 88th Cong. 2d Sess.
---------------------------------------------------------------------------

    Following the adoption of the resolution, Speaker John W. 
McCormack, of Massachusetts, held that a point of order against 
consideration of the bill did not lie on the ground that the Committee 
on the Judiciary had not complied with the ``Ramseyer'' rule (requiring 
comparative prints in committee report), since that rule only applies 
where a committee has reported a bill, and not where it has been 
discharged from consideration of the bill.
    Similarly on Mar. 29, 1961, the House agreed to a special order 
from the Committee on Rules which provided for the immediate 
consideration of S. 153; the Senate bill had been referred to the 
Committee on Government Operations and had not yet been 
reported.(19)
---------------------------------------------------------------------------
19. 19. H. Res. 238, 107 Cong. Rec. 5267, 5268, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

Sec. 20.13 A privileged resolution, reported by the Committee on Rules, 
    was amended to provide that immediately upon its adoption the House 
    would resolve into the Committee of the Whole to consider a bill 
    pending before, and not yet reported by, the Committee on the 
    Judiciary.

    On Aug. 19, 1964,(20) the House passed, as amended by 
committee amendment, a special order from
---------------------------------------------------------------------------
20. H. Res. 845, 110 Cong. Rec. 20213, 88th Cong. 2d Sess.
---------------------------------------------------------------------------

[[Page 4134]]

the Committee on Rules providing for the consideration of a bill 
pending before but not yet reported by a committee.

        The Speaker: (1) The Clerk will report the 
    resolution.
---------------------------------------------------------------------------
 1. John W. Mc(Cormack (Mass.).
---------------------------------------------------------------------------

        The Clerk read as follows:

            Resolved, That 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 for 
        the consideration of the bill (H.R. 11926) to limit 
        jurisdiction of Federal courts in reapportionment cases. After 
        general debate, which shall be confined to the bill and shall 
        continue not to exceed two hours, to be equally divided and 
        controlled by the chairman and ranking minority member of the 
        Committee on the Judiciary, the bill shall be read for 
        amendment under the five-minute rule. At the conclusion of the 
        consideration of the bill for amendment, the Committee shall 
        rise and report the bill to the House with such amendments as 
        may have been adopted, and the previous question shall be 
        considered as ordered on the bill and amendments thereto to 
        final passage without intervening motion except one motion to 
        recommit.

        The Speaker: The Clerk will report the committee amendments.
        The Clerk read as follows:

            Committee amendments: Lines 1 and 2, page 1, strike the 
        words ``it shall be in order to move that,'' and line 2, page 
        1, after the word ``House'' insert ``shall immediately''.

        The Speaker: Without objection, the committee amendments are 
    agreed to.
        There was no objection

Sec. 20.14 The Committee on Rules reported and the House adopted a 
    resolution making in order the immediate consideration of a joint 
    resolution which had not been reported the committee to which it 
    had been referred.

    On June 24, 1965,(2) the House adopted a resolution 
providing for the consideration of a measure not reported from 
committee:
---------------------------------------------------------------------------
 2. H. Res. 433, 111 Cong. Rec. 14705, 89th Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved, That, upon the adoption of this resolution, the House 
    shall immediately resolve itself into the Committee of the Whole 
    House on the State of the Union for the consideration of the House 
    joint resolution (H.J. Res. 541) to extend the Area Redevelopment 
    Act for a period of two months. After general debate, which shall 
    be confined to the resolution and shall continue not to exceed one 
    hour, to be equally divided and controlled by the chairman and 
    ranking minority member of the Committee on Banking and Currency, 
    the resolution shall be read for amendment under the five-minute 
    rule. At the conclusion of the consideration of the resolution for 
    amendment, the Committee shall rise and report the resolution to 
    the House with such amendments as may have been adopted and the 
    previous question shall be considered as ordered on the resolution 
    and amendments thereto to final passage without intervening motion 
    except one motion to recommit.

[[Page 4135]]

    Parliamentarian's Note: The Committee on Banking and Currency was 
in thorough agreement with the procedure and had requested the special 
order from the Committee on Rules.

Sec. 20.15 The Committee on Rules reported out a resolution, providing 
    for the consideration of a bill, with a committee amendment to the 
    resolution substituting for consideration another designated bill 
    on the same subject, which bill had not been reported by the 
    committee to which referred.

    On Aug. 8, 1949, Mr. Ray J. Madden, of Indiana, called up by 
direction of the Committee on Rules a special order for the 
consideration of a bill, with a committee amendment:

        Mr. Madden: Mr. Speaker, by direction of the Committee on 
    Rules, I call up House Resolution 183 and ask for its immediate 
    consideration.
        The Clerk read the resolution, as follows:

            Resolved, That 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 for 
        consideration of the bill (H.R. 3190) to provide for the 
        amendment of the Fair Labor Standards Act of 1938, and for 
        other purposes, and all points of order against said bill are 
        hereby waived. That after general debate, which shall be 
        confined to the bill and shall continue not to exceed 6 hours, 
        to be equally divided and controlled by the chairman and 
        ranking minority member of the Committee on Education and 
        Labor, the bill shall be read for amendment under the 5-minute 
        rule. It shall be in order to consider without the intervention 
        of any point of order the substitute committee amendment 
        recommended by the Committee on Education and Labor now in the 
        bill, and such substitute for the purpose of amendment shall be 
        considered under the 5-minute rule as an original bill. At the 
        conclusion of the reading of the bill for amendment, the 
        Committee shall rise and report the same to the House with such 
        amendments as may have been adopted, and any Member may demand 
        a separate vote in the House on any of the amendments adopted 
        in the Committee of the Whole to the bill or committee 
        substitute. The previous question shall be considered as 
        ordered on the bill and amendments thereto to final passage 
        without intervening motion except one motion to recommit.

        With the following committee amendments:

            Page 1, line 4, strike out ``(H.R. 3190) `` and insert 
        ``(H.R. 5856).''
            Page 2, line 1, strike out the remainder of the line after 
        the period and all of lines 2 through 6, 
        inclusive.(3)
---------------------------------------------------------------------------
 3. 95 Cong. Rec. 10988, 81st Cong. 1st Sess.
---------------------------------------------------------------------------

    In debate on the resolution, Mr. James W. Wadsworth, Jr., of New 
York, of the Committee on Rules explained the provisions of the 
resolution in part as follows:

        Mr. Wadsworth: . . . This new bill, H.R. 5856, has never been 
    reported by

[[Page 4136]]

    the Committee on Education and Labor. Just what would be its fate 
    if it had come to a vote before that committee I am not prepared to 
    say. But, there appeared before the Committee on Rules the 
    supporters of the so-called second Lesinski bill, H.R. 5856, with 
    the plea that instead of our granting a rule on H.R. 3190, the 
    original bill, which otherwise would have come up today under the 
    21-day rule, we report a rule on the new bill, H.R. 5856, a bill 
    not yet considered officially by the Committee on Education and 
    Labor.(4)
---------------------------------------------------------------------------
 4. Id. at p. 10991.
---------------------------------------------------------------------------

    The House agreed to the resolution as amended.

Consideration of Union Calendar Bill in House

Sec. 20.16 Form of special rule providing for the consideration of a 
    Union Calendar bill in the House, waiving all points of order, 
    fixing time for debate, and ordering the previous question at the 
    conclusion of such debate.

    The following resolution was under consideration on Mar. 11, 1933: 
(5)
---------------------------------------------------------------------------
 5. 77 Cong. Rec. 198, 73d Cong. 1st Sess.
---------------------------------------------------------------------------

                            House Resolution 32

        Resolved, That immediately upon the adoption of this resolution 
    the House shall proceed to the consideration of H.R. 2820, a bill 
    to maintain the credit of the United States Government, and all 
    points of order against said bill shall be considered as waived; 
    that, after general debate, which shall be confined to the bill and 
    shall continue not to exceed two hours, to be equally divided and 
    controlled by the chairman and ranking minority member of the 
    Committee on Economy, the previous question shall be considered as 
    ordered on the bill to final passage.

Consideration of Union Calendar Bills in the House as in Committee of 
    the Whole.

Sec. 20.17 Form of resolution authorizing a standing committee to call 
    up a list of enumerated bills and providing for their consideration 
    in the House as in the Committee of the Whole.

    The following resolution was under consideration on June 2, 1936 
(6)
---------------------------------------------------------------------------
 6. H. Res. 528, 80 Cong. Rec. 8746, 74th Cong. 2d Sess. See also 80 
        Cong. Rec. 9966, 74th Cong. 2d Sess., June 18 1936.
---------------------------------------------------------------------------

        Resolved, That upon the adoption of this resolution it shall be 
    in order for the Committee on the Judiciary to call up for 
    consideration, without the intervention of any point of order the 
    following bills:
        S. 3389. An act to provide for the appointment of two 
    additional judges for the southern district of New York.

        S. 2075. An act to provide for the appointment of additional 
    district judges for the eastern and western districts of Missouri.

[[Page 4137]]

        S. 2137. An act to provide for the appointment of one 
    additional district judge for the eastern, northern, and western 
    districts of Oklahoma.
        S. 2456. An act to provide for the appointment of an additional 
    district judge for the northern and southern districts of West 
    Virginia.
        H.R. 11072. A bill authorizing the appointment of an additional 
    district judge for the eastern district of Pennsylvania.
        H.R. 3043. A bill to provide for the appointment of an 
    additional district judge for the northern district of Georgia.
        Each such bill when called up shall be considered in the House 
    as in the Committee of the Whole. After general debate on each such 
    bill, which shall continue not to exceed 20 minutes, to be equally 
    divided and controlled by the chairman and ranking minority member 
    of the Committee on the Judiciary, the bill shall be read for 
    amendment under the 5-minute rule.

    Parliamentarian's Note: Some of the bills dealt with by this 
special order were on the Union Calendar, and others had not been 
reported by the Committee on the Judiciary.

Consideration of House Resolution in Committee of the Whole

Sec. 20.18 The Committee on Rules reported a resolution providing for 
    consideration of a privileged resolution, amending the rules of the 
    House, under a procedure permitting amendments under the five-
    minute rule.

    On Mar. 7, 1973, the House adopted a resolution from the Committee 
on Rules providing for the consideration of a privileged resolution 
reported by that committee: (7)
---------------------------------------------------------------------------
 7. H. Res. 272, 119 Cong. Rec. 6700-05, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved, That 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 for the consideration 
    of the resolution (H. Res. 259) to amend the Rules of the House of 
    Representatives to strengthen the requirement that committee 
    proceedings be held in open session. After general debate, which 
    shall be confined to the resolution and shall continue not to 
    exceed one hour, to be equally divided and controlled by the 
    chairman and ranking minority member of the Committee on Rules, the 
    resolution shall be read for amendment under the five-minute rule. 
    At the conclusion of the consideration of the resolution for 
    amendment, the Committee shall rise and report the resolution to 
    the House with such amendments as may have been adopted, and the 
    previous question shall be considered as ordered on the resolution 
    and amendments thereto to final passage without intervening motion 
    except one motion to recommit.

    Parliamentarian's Note: The resolution provided for in the special 
order was privileged for con

[[Page 4138]]

sideration, since amending the rules of the House, and therefore did 
not require a special order from the Committee on Rules. Since the 
resolution would only have been debatable under the hour rule in the 
House, however, a special order was reported in order to allow more 
extensive debate in Committee of the Whole and to allow germane 
amendments to be offered.

Sec. 20.19 Form of special order providing for consideration in 
    Committee of the Whole, without the opportunity of amendment, of a 
    House resolution referred to the House Calendar (confirming the 
    nomination of the Vice President under the 25th amendment to the 
    U.S. Constitution).

        The following resolution was under consideration on Dec. 6, 
    1973: (8)
---------------------------------------------------------------------------
 8. 119 Cong. Rec. 39807, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

                                H. Res. 738

            Resolved, That upon the adoption of this resolution it 
        shall be in order to move, clause 27(d) (4) of rule XI to the 
        contrary notwithstanding, that the House resolve itself into 
        the Committee of the Whole House on the State of the Union for 
        the consideration of the resolution (H. Res. 735) confirming 
        the nomination of Gerald R. Ford, of the State of Michigan, to 
        be Vice President of the United States. After general debate, 
        which shall be confined to the resolution and shall continue 
        not to exceed six hours, to be equally divided and controlled 
        by the chairman and ranking minority member of the Committee on 
        the Judiciary, the Committee shall rise and report the 
        resolution to the House, and the previous question shall be 
        considered as ordered on the resolution to final passage.

Sec. 20.20 Form of special rule making in order the consideration of a 
    simple resolution in Committee of the Whole.

    The following resolution was under consideration on Aug. 23, 1935: 
(9)
---------------------------------------------------------------------------
 9. H. Res. 362, 79 Cong. Rec. 14371, 74th Cong. 1st Sess.
---------------------------------------------------------------------------

        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 for the 
    consideration of House Resolution 350, a resolution requesting that 
    the Commissioner of Immigration and Naturalization be requested to 
    continue to stay the deportation in the cases of aliens of good 
    character in which deportations would result in unusual hardship 
    until Congress had had adequate time to consider proposed 
    legislation. That after general debate. which shall be confined to 
    the resolution and shall continue not to exceed 1 hour, to be 
    equally divided and controlled by the Chairman and ranking minority 
    member of the Committee on Immigration and Naturalization, the 
    resolution shall be read for amendment

[[Page 4139]]

    under the 5-minute rule. At the conclusion of the reading of the 
    resolution for amendment, the Committee shall rise and report the 
    same to the House with such amendments as may have been adopted, 
    and the previous question shall be considered as ordered on the 
    bill and amendment thereto to final passage without intervening 
    motion except one motion to recommit, with or without instructions.

Sec. 20.21 Form of resolution providing ``open'' rule for consideration 
    in Committee of the Whole of a resolution reported from the 
    Committee on House Administration, and referred to the House 
    Calendar, making office space and certain emoluments available to 
    the retiring Speaker.

        The following resolution was under consideration on Dec. 22, 
    1970: (10)
---------------------------------------------------------------------------
10. H. Res. 1309, 116 Cong. Rec. 43313, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

            Resolved, That 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 for 
        the consideration of the resolution (H. Res. 1238) relating to 
        the Speaker of the House of Representatives in the Ninety-first 
        Congress. After general debate, which shall be confined to the 
        resolution and shall continue not to exceed one hour, to be 
        equally divided and controlled by the chairman and ranking 
        minority member of the Committee on House Administration, the 
        resolution shall be read for amendment under the five-minute 
        rule. At the conclusion of the consideration of the resolution 
        for amendment, the Committee shall rise and report the 
        resolution to the House with such amendments as may have been 
        adopted, and the previous question shall be considered as 
        ordered on the resolution and amendments thereto to final 
        passage without intervening motion except one motion to 
        recommit.

Sec. 20.22 The House considered a House resolution, reported from the 
    Committee on House Administration and referred to the House 
    Calendar, in Committee of the Whole under an ``open'' rule.

    On Dec. 3, 1970, the House considered in the Committee of the Whole 
a simple resolution reported from the Committee on House 
Administration, pursuant to a special rule, where the resolution had 
been referred to the House Calendar: (11)
---------------------------------------------------------------------------
11. H. Res. 1272, 116 Cong. Rec. 39846, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        Resolved, That upon the adoption of the 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 for the consideration 
    of the resolution (H. Res. 1147) relating to certain allowances of 
    Members, officers, and standing committees of the House of 
    Representatives, and for other purposes. After general debate, 
    which shall be confined to the resolution and shall continue not to 
    exceed one hour, to be equally divided

[[Page 4140]]

    and controlled by the chairman and ranking minority member of the 
    Committee on House Administration, the resolution shall be read for 
    amendment under the five-minute rule. It shall be in order to 
    consider the amendment in the nature of a substitute recommended by 
    the Committee on House Administration as an original resolution for 
    the purpose of amendment under the five-minute rule, and all points 
    of order against sections 2(a) and 3(a) of said substitute are 
    hereby waived. At the conclusion of such consideration, the 
    Committee shall rise and report the resolution to the House with 
    such amendments as may have been adopted, and any Member may demand 
    a separate vote in the House on any amendment adopted in the 
    Committee of the Whole to the resolution or to the committee 
    amendment in the nature of a substitute. The previous question 
    shall be considered as ordered on the resolution and amendments 
    thereto to final passage without intervening motion except one 
    motion to recommit, with or without instructions.

Sec. 20.23 A resolution amending the rules of the House was, pursuant 
    to the provisions of a resolution reported from the Committee on 
    Rules, considered in the Committee of the Whole under an ``open'' 
    rule.

    On May 26, 1970, the House considered a House resolution which had 
been referred to the House Calendar in the Committee of the Whole 
pursuant to a special order: (12)
---------------------------------------------------------------------------
12. H. Res. 971, 116 Cong. Rec. 17012, 17013, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        Resolved, That 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 for the consideration 
    of the resolution (H. Res. 796) amending the Rules of the House of 
    Representatives relating to financial disclosure. After general 
    debate, which shall be confined to the resolution and shall 
    continue not to exceed one hour, to be equally divided and 
    controlled by the chairman and ranking minority member of the 
    Committee on Standards of Official Conduct, the resolution shall be 
    read for amendment under the five-minute rule. At the conclusion of 
    the consideration of the resolution for amendment, the Committee 
    shall rise and report the resolution to the House with such 
    amendments as may have been adopted and the previous question shall 
    be considered as ordered on the resolution and amendment thereto to 
    final passage without intervening motion except one motion to 
    recommit.

Consideration of Resolution in House Under Special Rule

Sec. 20.24 Where the House adopts a resolution providing for the 
    immediate consideration of another resolution in the House, the 
    Speaker directs the Clerk to report that resolution without its 
    being called up by the Member in charge.

[[Page 4141]]

    On Jan. 31, 1973, the House adopted the following resolution, 
reported from the Committee on Rules, providing for the consideration 
in the House of another resolution reported from the Committee on Rules 
(creating a select committee to study the operations of Rule X and Rule 
XI, relating to committees of the House and their procedures): 
(13)
---------------------------------------------------------------------------
13. H. Res. 176, 119 Cong. Rec. 2804, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved, That immediately upon the adoption of this resolution 
    the House shall proceed to the consideration of the resolution (H. 
    Res. 132) to create a select committee to study the operation and 
    implementation of rules X and XI of the Rules of the House of 
    Representatives. After general debate, which shall be confined to 
    the resolution and shall continue not to exceed one hour, to be 
    equally divided and controlled by the chairman and ranking minority 
    member of the Committee on Rules, the previous question shall be 
    considered as ordered on the resolution to its adoption or 
    rejection.

    Following the adoption of the special order, the House proceeded as 
follows to consider the resolution creating the select committee: 
(14)
---------------------------------------------------------------------------
14. Id. at p. 2812.
---------------------------------------------------------------------------

        The Speaker: (15) The Clerk will report House 
    Resolution 132.
---------------------------------------------------------------------------
15. Carl Albert (Okla.).
---------------------------------------------------------------------------

        The Clerk read the resolution, as follows:

                                  H. Res. 132

            Resolved, That there is hereby created a select committee 
        to be composed of ten Members of the House of Representatives 
        to be appointed by the Speaker, five from the majority party 
        and five from the minority party, one of whom he shall 
        designate as chairman. Any vacancy occurring in the membership 
        of the committee shall be filled in the manner in which the 
        original appointment was made.
            The select committee is authorized and directed to conduct 
        a thorough and complete study with respect to the operation and 
        implementation of rules X and XI of the Rules of the House of 
        Representatives, including committee structure of the House, 
        the number and optimum size of committees, their jurisdiction, 
        the number of subcommittees, committee rules and procedures, 
        media coverage of meetings, staffing, space, equipment, and 
        other committee facilities.
            The select committee is authorized and directed to report 
        to the House by bill, resolution, or otherwise, with respect to 
        any matters covered by this resolution.
            For the purposes of this resolution, the select committee 
        or any subcommittee thereof is authorized to sit and act during 
        sessions of the House and during the present Congress at such 
        times and places whether or not the House has recessed or 
        adjourned. The majority of the members of the committee shall 
        constitute a quorum for the transaction of business, except 
        that two or more shall constitute a quorum for the purpose of 
        taking evidence.
            To assist the select committee in the conduct of its study 
        under this resolution, the committee may employ investigators, 
        attorneys, individual consultants or organizations thereof, and 
        clerical, stenographic, and other assistants; and all ex

[[Page 4142]]

        penses of the select committee, not to exceed $1,500,000 to be 
        available one-half to the majority and one-half to the 
        minority, shall be paid from the contingent fund of the House 
        on vouchers signed by the chairman of the select committee and 
        approved by the Speaker.

        The Speaker: The gentleman from Missouri (Mr. Bolling) will be 
    recognized for 30 minutes, and the gentleman from Nebraska (Mr. 
    Martin) will be recognized for 30 minutes.
        The Chair recognizes the gentleman from Missouri (Mr. Bolling).

    Parliamentarian's Note: House Resolution 132, creating the select 
committee, was not privileged because of the funding mechanism in the 
final paragraph.

Consideration of Private Bills

Sec. 20.25 The House considered a private bill under a special rule.

    On Aug. 13, 1940, the House agreed to a resolution, called up by 
Mr. Edward E. Cox, of Georgia, at the direction of the Committee on 
Rules, providing for the consideration in the Committee of the Whole of 
a private bill: (16)
---------------------------------------------------------------------------
16. 86 Cong. Rec. 10258-67, 76th Cong. 3d Sess.
---------------------------------------------------------------------------

                            House Resolution 407

        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 for 
    consideration of H. R. 7230, a bill to provide for an appeal to the 
    Supreme Court of the United States from the decision of the Court 
    of Claims in a suit instituted by George A. Carden and Anderson T. 
    Herd. That after general debate, which shall be confined to the 
    bill and shall continue not to exceed 1 hour, to be equally divided 
    and controlled by the chairman and ranking minority member of the 
    Committee on the Judiciary, the bill shall be read for amendment 
    under the 5-minute rule. At the conclusion of the reading of the 
    bill for amendment, the Committee shall rise and report the same to 
    the House with such amendments as may have been adopted, and the 
    previous question shall be considered as ordered on the bill and 
    amendments thereto to final passage without intervening motion 
    except one motion to recommit, with or without instructions.

    The bill failed of final passage in the House after consideration 
in Committee of the Whole.

Sec. 20.26 Form of resolution authorizing the chairman of a standing 
    committee to call up private claim bills and providing for their 
    consideration in the House as in the Committee of the Whole.

    The following resolution was under consideration on June 5, 1934: 
(17)
---------------------------------------------------------------------------
17. H. Res. 421, 78 Cong. Rec. 10548, 73d Cong. 2d Sess.
---------------------------------------------------------------------------

        Resolved, That upon the adoption of this resolution it shall be 
    in order for

[[Page 4143]]

    the Speaker on any day during the remainder of this session of 
    Congress, after the reading of the Journal and the disposition of 
    matters on the Speaker's table, to recognize the Chairman of the 
    Committee on Claims to call up bills favorably reported from the 
    Committee on Claims and heretofore objected to. Said bills shall be 
    considered in the House as in the Committee of the Whole House: 
    Provided, however, That general debate on any bill called up shall 
    be limited to 20 minutes, to be equally divided and controlled by 
    the chairman and ranking minority member of the Committee on 
    Claims. At the conclusion of the general debate the bill shall be 
    read for amendment under the 5-minute rule, and at the conclusion 
    of such reading the previous question shall be considered as 
    ordered without intervening motion except one motion to recommit.

Rescinding Previous Resolution

Sec. 20.27 By resolution, considered by unanimous consent, the House 
    rescinded a previously adopted resolution whereby a bill had been 
    referred to the Court of Claims for a report, and the court was 
    directed to return the bill.

    On Apr. 30, 1957, the House adopted a resolution rescinding the 
adoption by the House of a previous resolution which had referred a 
private bill to the Court of Claims for a report: (18)
---------------------------------------------------------------------------
18. 103 Cong. Rec. 6159, 85th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Thomas J.] Lane [of Massachusetts]: Mr. Speaker, I offer a 
    resolution (H. Res. 241) and ask for its immediate consideration.
        The Clerk read the resolution as follows:

            Resolved, That the adoption by the House of Representatives 
        of House Resolution 174, 85th Congress, is hereby rescinded. 
        The United States Court of Claims is hereby directed to return 
        to the House of Representatives the bill (H.R. 2648) entitled 
        ``A bill for the relief of the MacArthur Mining Co., Inc., in 
        receivership,'' together with all accompanying papers, referred 
        to said court by said House Resolution 174.

        The Speaker: (19) Is there objection to the request 
    of the gentleman from Massachusetts?
---------------------------------------------------------------------------
19. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

        Mr. [Frank T.] Bow [of Ohio]: Mr. Speaker, reserving the right 
    to object, has this matter been cleared with the leadership on this 
    side?

        The Speaker: It has been cleared with everybody, so the Chair 
    has been informed.
        Mr. Bow: I withdraw my reservation of objection.
        The Speaker: Is there objection to the request of the gentleman 
    from Massachusetts?
        There was no objection.
        The resolution was agreed to.
        A motion to reconsider was laid on the table.

Consideration of Motion to Suspend Rules

Sec. 20.28 Form of resolution providing that the time for de

[[Page 4144]]

    bate on a motion to suspend the rules and pass a concurrent 
    resolution shall be extended to four hours, such time to be equally 
    divided and controlled by the Chairman and ranking minority member 
    of the Committee on Foreign Affairs and such motion shall be the 
    continuing order of business of the House until finally disposed 
    of.

    The following resolution was under consideration on Sept. 20, 1943: 
(20)
---------------------------------------------------------------------------
20. H. Res. 302, 89 Cong. Rec. 7646, 78th Cong. 1st Sess.
---------------------------------------------------------------------------

        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 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.

    Parliamentarian's Note: This resolution was itself passed under a 
motion to suspend the rules. Following its adoption Speaker Sam 
Rayburn, of Texas, ruled that a demand for a second, to gain control of 
time in opposition to the motion provided for, was not necessary, the 
House already having fixed control of debate on the motion.

Consideration of Nonprivileged Rules Committee Reports

Sec. 20.29 Although the Committee on Rules has authority under clause 
    23 to report as privileged a resolution creating a select House 
    committee, the inclusion therein of a subject coming within the 
    jurisdiction of another standing committee destroys its privilege, 
    and it is therefore necessary for the committee to report a 
    privileged resolution making in order the consideration of the 
    nonprivileged matter reported by it.

    On Jan. 31, 973,(1) Mr. Ray J. Madden, of Indiana, 
called up by direction of the Committee on Rules House Resolution 176, 
a privileged order of business making in order the consideration of 
House Resolution 132, another resolution reported from the Committee on 
Rules creating a select committee. The first resolution was necessary 
because House Resolution 132 was not a privileged resolution under Rule 
XI clause 23 [now Rule XI clause 4(b) in the 1979 House Rules and 
Manual], since paying money from the con
---------------------------------------------------------------------------
 1. 119 Cong. Rec. 2804, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

[[Page 4145]]

tingent fund on vouchers approved by the Speaker (a matter within the 
jurisdiction of the Committee on House Administration).

    House Resolution 176, which was adopted by the House, read as 
follows:

                                H. Res. 176

        Resolved, That immediately upon the adoption of this resolution 
    the House shall proceed to the consideration of the resolution (H. 
    Res. 132) to create a select committee to study the operation and 
    implementation of rules X and XI of the Rules of the House of 
    Representatives. After general debate, which shall be confined to 
    the resolution and shall continue not to exceed one hour, to be 
    equally divided and controlled by the chairman and ranking minority 
    member of the Committee on Rules, the previous question shall be 
    considered as ordered on the resolution to its adoption or 
    rejection.

    Similarly on June 8, 1937, the House adopted a resolution from the 
Committee on Rules making in order the consideration of a bill from the 
Committee on Rules creating a joint committee, where the bill was not 
privileged for consideration: (2)
---------------------------------------------------------------------------
 2. 81 Cong. Rec. 5442, 75th Cong. 1st Sess.
---------------------------------------------------------------------------

                              House Resolution 226

        Resolved, That 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 for the consideration 
    of Senate Joint Resolution 155, a joint resolution to create a 
    Joint Congressional Committee on Tax Evasion and Avoidance, and all 
    points of order against said joint resolution are hereby waived. 
    That after general debate, which shall be confined to the joint 
    resolution and continue not to exceed 1 hour, to be equally divided 
    and controlled by the chairman and ranking minority member of the 
    Committee on Rules, the joint resolution shall be read for 
    amendment under the 5-minute rule. At the conclusion of the reading 
    of the joint resolution for amendment, the Committee shall rise and 
    report the same to the House with such amendments as may have been 
    adopted, and the previous question shall be considered as ordered 
    on the joint resolution and amendments thereto to final passage 
    without intervening motion except one motion to recommit, with or 
    without instructions.

Making in Order Motion to Recommit Proposition Reported by Rules 
    Committee

Sec. 20.30 A motion to recommit a proposition reported by the Committee 
    on Rules may be made in order by a special rule to that effect.

    On May 25, 1970, the House adopted the following resolution 
reported from the Committee on Rules providing for the consideration of 
(and allowing a motion to recommit) a joint resolution also reported 
from that committee:

[[Page 4146]]

                                H. Res. 1021

        Resolved, That 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 for the consideration 
    of the joint resolution (H.J. Res. 1117) to establish a Joint 
    Committee on Environment and Technology. After general debate, 
    which shall be confined to the joint resolution and shall continue 
    not to exceed one hour, to be equally divided and controlled by the 
    chairman and ranking minority member of the Committee on Rules, the 
    joint resolution shall be read for amendment under the five-minute 
    rule. At the conclusion of the consideration of the joint 
    resolution for amendment, the Committee shall rise and report the 
    joint resolution to the House with such amendments as may have been 
    adopted and the previous question shall be considered as ordered on 
    the joint resolution and amendments thereto to final passage 
    without intervening motion except one motion to 
    recommit.(3)
---------------------------------------------------------------------------
 3. 116 Cong. Rec. 16973, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

    Parliamentarian's Note: Rule XI clause 4(b) [House Rules and Manual 
(1979)], relating to privileged Rules Committee reports, has been 
interpreted to bar the motion to recommit as applied to reports called 
up as privileged under that rule. (See, for example, 5 Hinds' 
Precedents Sec. 5594.) But where a special rule provides for the 
consideration of another matter reported from the Rules Committee, the 
special rule may provide for a motion to recommit whether or not the 
matter could have been called up as privileged. (The motion to recommit 
no: privileged matter from the Committee on Rules--such as the joint 
resolution described above, which contained nonprivileged matter--may 
be permitted on the same basis as other motions to recommit, under Rule 
XVII clause 1 [House Rules and Manual (1979)]. The motion to recommit 
under that rule has also been interpreted as applying to simple House 
resolutions as well as bills; see 8 Cannon's Precedents Sec. 2742.)

Making in Order Motion to Recess

Sec. 20.31 Where a special rule gives a highly privileged status to a 
    motion for a recess, such motion takes precedence over a motion to 
    adjourn.

    On June 4, 1934,(~4) Speaker Henry T. Rainey, of 
Illinois, ruled that a motion to recess, given privilege by a special 
rule, took precedence over a motion to adjourn:
---------------------------------------------------------------------------
 4. 78 Cong. Rec. 10470, 10471, 73d Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Joseph W.] Byrns [of Tennessee]: Mr. Speaker, under the 
    rules

[[Page 4147]]

    it is in order today to call up bills under suspension of the rules 
    and to call the Consent Calendar. We have been here since 11 
    o'clock. The entire day has been taken up in suspensions. There are 
    quite a number of bills on the Unanimous Consent Calendar. A number 
    of Members have come to me and said they were very anxious to have 
    those bills called. Perhaps this will be the last time the Consent 
    Calendar can be called during this session. I think it is only fair 
    that this legislative day shall go over until tomorrow.
        Mr. Speaker, I move that the House stand in recess until 11 
    o'clock tomorrow.
        Mr. [Gerald J.] Boileau [of Wisconsin]: Mr. Speaker, I offer a 
    preferential motion.
        Mr. Speaker, I move that the House do now adjourn.
        Mr. Byrns: Mr. Speaker, under the rule adopted last week my 
    motion is highly privileged.
        The Speaker: The gentleman from Wisconsin cannot be recognized.

    The special rule referred to was reported from the Committee on 
Rules and adopted on June 1, 1934:

        Mr. [William B.] Bankhead [of Alabama]: Mr. Speaker, I call up 
    a privileged report (Rept. No. 1856) from the Committee on Rules 
    (H. Res. 410) and ask for its immediate consideration.
        The Clerk read as follows:

                              House Resolution 410

            Resolved, That during the remainder of the second session 
        of the Seventy-third Congress it shall be in order for the 
        Speaker at any time to entertain motions to suspend the rules, 
        notwithstanding the provisions of clause 1, rule XXVII; it 
        shall also be in order at any time during the second session of 
        the Seventy-third Congress for the majority leader to move that 
        the House take a recess, and said motion is hereby made of the 
        highest privilege; and it shall also be in order at any time 
        during the second session of the Seventy-third Congress to 
        consider reports from the Committee on Rules, as provided in 
        clause 45, rule XI, except that the provision requiring a two-
        thirds vote to consider said reports is hereby suspended during 
        the remainder of this session of Congress.(~5)
---------------------------------------------------------------------------
 5. Id. at p. 10239.
---------------------------------------------------------------------------

Adopting Special Order Relating to Bill Already Under Consideration in 
    Committee of the Whole 

Sec. 20.32 Where a section in a bill pending before the Committee of 
    the Whole was struck out on a point of order (as constituting an 
    appropriation on a legislative bill), the Committee rose, the House 
    took a recess, and the Committee on Rules met and reported to the 
    House a resolution which the House adopted, making in order an 
    amendment to such bill in Committee of the Whole to reinsert the 
    section which had been stricken out.

[[Page 4148]]

    On Mar. 29, 1933, the Committee of the Whole was considering S. 598 
(reforestation and unemployment relief) pursuant to a unanimous-consent 
request that the Senate bill be in order for consideration, instead of 
a similar House bill (H.R. 3905) which had previously been made a 
special order of business for that day (also by unanimous consent).
    Chairman Ralph F. Lozier, of Missouri, sustained a point of order 
against section 4 of the Senate bill, on the grounds that it 
constituted an appropriation on a legislative bill in violation of Rule 
XXI clause 4 [see Sec. 846 House Rules and Manual (1979)], and section 
4 was thus stricken from the bill. Immediately following the Chair's 
ruling, the Committee rose and a motion for a recess was adopted (at 
5:42 p.m.).(~6)
---------------------------------------------------------------------------
 6. 77 Cong. Rec. 988-990, 73d Cong. 1st Sess.
---------------------------------------------------------------------------

    The recess having expired at 5:52 p.m., Speaker Henry T. Rainey, of 
Illinois, called the House to order and Mr. William B. Bankhead, of 
Alabama, reported and called up by direction of the Committee on Rules 
(which had met during the recess) a special order making in order an 
amendment to the Senate bill pending before the Committee of the 
Whole:(~7)
---------------------------------------------------------------------------
 7. Id. at p. 990.
---------------------------------------------------------------------------

        The recess having expired (at 5 o'clock and 52 minutes p.m.), 
    the House was called to order by the Speaker.
        Mr. Bankhead: Mr. Speaker, by direction of the Committee on 
    Rules, I report a privileged resolution, which I send to the desk 
    and ask for its immediate consideration.
        Mr. [Joseph B.] Shannon [of Missouri]: Mr. Speaker, does not 
    the rule have to lie over for a day?
        The Speaker: It does not.
        The Clerk will report the resolution.
        The Clerk read as follows:

                              House Resolution 85

            Resolved, That upon the adoption of this resolution it 
        shall be in order to offer as an amendment in Committee of the 
        Whole House on the state of the Union to the bill S. 598 the 
        following language:
            ``Sec. 4. For the purpose of carrying out the provisions of 
        this act, there is hereby authorized to be expended, under the 
        direction of the President, out of any unobligated moneys 
        heretofore appropriated for public works (except for projects 
        on which actual construction has been commenced or may be 
        commenced within 90 days, and except maintenance funds for 
        river and harbor improvements already allocated), such sums as 
        may be necessary; and an amount equal to the amount so expended 
        is hereby authorized to be appropriated for the same purposes 
        for which such moneys were originally appropriated.''
            All points of order against said amendment shall be 
        considered as waived in the House and in the Committee of the 
        Whole House on the state of the Union. . . .

        The Speaker: It requires a two-thirds vote to consider it. The 
    question

[[Page 4149]]

    is, Shall the House consider the resolution?
        The question was taken; and on a division (demanded by Mr. 
    Snell) there were--ayes 189, noes 71.
        So (two-thirds having voted in favor thereof) the House 
    determined to consider the resolution.
        Mr. Bankhead: Mr. Speaker, I move the previous question on the 
    adoption of the resolution.
        The previous question was ordered.
        The Speaker: The question is on agreeing to the resolution.
        The resolution was agreed to.

    The Committee of the Whole resumed its sitting and proceeded to 
consider the amendment: (~8)
---------------------------------------------------------------------------
 8. Id.
---------------------------------------------------------------------------

        Mr. [Robert] Ramspeck [of Georgia]: Mr. Speaker, I move that 
    the House resolve itself into the Committee of the Whole House on 
    the state of the Union for the further consideration of the bill 
    (S. 598) for the relief of unemployment through the performance of 
    useful public work, and for other purposes.
        The motion was agreed to.
        Accordingly, the House resolved itself into the Committee of 
    the Whole House on the state of the Union for the further 
    consideration of the bill S. 593, with Mr. Lozier in the Chair.
        The Clerk read the title of the bill.
        Mr. Ramspeck: Mr. Chairman, I offer an amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Ramspeck: Page 3, after line 21, 
        insert the following:
            ``Sec. 4. For the purposes of carrying out the provisions 
        of this act there is hereby authorized to be expended, under 
        the direction of the President, out of any unobligated moneys 
        heretofore appropriated for public works (except for projects 
        on which actual construction has been commenced or may be 
        commenced within 90 days, and except maintenance funds for 
        river and harbor improvements already allocated), such sums as 
        may be necessary; and an amount equal to the amount so expended 
        is hereby authorized to be appropriated for the same purposes 
        for which such moneys were originally appropriated.''

        Mr. [John J.] Cochran [of Missouri]: Mr. Chairman, I offer an 
    amendment to the amendment.
        Mr. Ramspeck: Mr. Chairman, this simply puts back in the bill 
    section 4 exactly, which was ruled out on the point of order.

        I move that all debate on this section do now close.

Sec. 20.33 A resolution waiving points of order against a certain 
    provision in a general appropriation bill was considered and agreed 
    to by the House after the general debate on the bill had been 
    concluded and reading for amendment had begun in Committee of the 
    Whole.

    On May 21, 1969, general debate had been concluded in Committee of 
the Whole on H.R. 11400, the supplemental appropriations bill, and the 
first section of the bill had been read for amendment when the 
Committee rose.

[[Page 4150]]

    The House then adopted a special order from the Committee on Rules 
which waived points of order against one section of the bill: 
(~9)
---------------------------------------------------------------------------
 9. 115 Cong. Rec. 13246-51, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [William M.] Colmer [of Mississippi]: Mr. Speaker, by 
    direction of the Committee on Rules, I call up House Resolution 414 
    and ask for its immediate consideration.
        The Clerk read the resolution, as follows:

                                  H. Res. 414

            Resolved, That during the consideration of the bill (H.R. 
        11400) making supplemental appropriations for the fiscal year 
        ending June 30, 1969, and for other purposes, all points of 
        order against title IV of said bill are hereby waived.

        Mr. Colmer: Mr. Speaker, I yield the customary 30 minutes to 
    the minority, to the very able and distinguished gentleman from 
    California (Mr. Smith). Pending that I yield myself such time as I 
    may consume.
        Mr. Speaker, I shall not use all the time on this resolution. 
    This is a rather unusual situation that we find ourselves in, 
    parliamentarily speaking. We have debated the supplemental 
    appropriation bill at some length under the privileged status of 
    the Appropriations Committee. Now we come in with a resolution from 
    the Rules Committee for one purpose and one purpose alone; that is, 
    to waive points of order against a particular section of the bill.