[Deschler's Precedents, Volume 6, Chapter 21]
[Chapter 21. Order of Business; Special Orders]
[D. Types of Special Orders]
[Â§ 24. As to Control, Distribution, and Duration of Debate]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 4262-4277]
 
                               CHAPTER 21
 
                   Order of Business; Special Orders
 
                       D. TYPES OF SPECIAL ORDERS
 
Sec. 24. As to Control, Distribution, and Duration of Debate

    In providing for the consideration of bills, special orders from 
the Committee on Rules usually state that it shall be in order to 
resolve into the Committee of the Whole, that general debate continue 
not to exceed a certain number of hours, to be equally divided and 
controlled by the chairman and ranking minority member of the reporting 
committee, and that the bill be read for amendment under the five-
minute rule. Upon the report of the Committee of the Whole to the 
House, the previous question is considered as ordered by the special 
order, and no further debate in the House will be in order except on a 
motion to recommit with instructions.
    The special order may divide the time and control of general debate 
among several committees, and may provide that general debate continue 
not for hours but for days.(15)
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15. Generally, the term one day as so used means one legislative day. 
        See Sec. 24.8, infra.
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    Debate under the five-minute rule may be limited to a time 
certain,(16) and ``closed'' rules, or special orders 
allowing no amend
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16. See Sec. 24.9, infra.
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[[Page 4263]]

ments, or only certain amendments, such amendments not to be subject to 
amendment, have the effect of restricting five-minute debate to 10 
minutes (five for and five against) on each amendment specifically made 
in order (unless ``pro forma'' amendments are expressly made in 
order).(17)
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17. See Sec. Sec. 24.11-24.15, infra. But see Sec. 22.19, supra (pro 
        forma amendments made in order by ``closed'' rule).
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    The Committee on Rules may also recommend by special order that the 
normal operation of the hour rule in the House (as opposed to the 
Committee of the Whole) be altered, as by fixing the time and control 
of debate in the House or in the House as in the Committee of the 
Whole.(18)
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18. See Sec. Sec. 24.16-24.20, infra.
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                            Cross References
As to debate in Committee of the Whole generally, see Ch. 19, supra.
As to debate and consideration generally, see Ch. 29, infra.
As to debate on and consideration of reports from Committee on Rules, 
    see Sec. 18, supra.
As to debate on and consideration of Senate bills and amendments and 
    conference reports, see Sec. 27, 
    infra.                          -------------------

Designated Member Controlling Portion of Debate

Sec. 24.1 Form of resolution dividing general debate among the chairman 
    and ranking minority member of a committee and another designated 
    member.

    The following resolution was under consideration on Dec. 10, 1973:

        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. 10710) to promote the development of an open, 
    nondiscriminatory, and fair world economic system, to stimulate the 
    economic growth of the United States, 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 shall 
    continue not to exceed seven hours, six hours to be equally divided 
    and controlled by the chairman and ranking minority member of the 
    Committee on Ways and Means, and one hour to be controlled by 
    Representative John H. Dent, of Pennsylvania, the bill shall be 
    considered as having been read for amendment. No amendment shall be 
    in order to said bill except amendments offered by direction of the 
    Committee on Ways and Means, an amendment offered to section 402 of 
    said bill containing the text printed on page 34311 of the 
    Congressional Record of October 16, 1973, an amendment proposing to 
    strike out title IV of said bill and an amendment proposing to 
    strike out title V of said bill, and said amendments shall be in 
    order, any rule of the House to the contrary notwithstanding, but 
    shall not be subject to amendment.

[[Page 4264]]

    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.(19)
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19. H. Res. 657, 119 Cong. Rec. 40489, 92d Cong. 1st Sess.
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Sec. 24.2 Where a resolution provided the time for debate and the 
    control thereof, the Members in control obtained unanimous consent 
    in the House that a part of the time be controlled by a third 
    Member.

    On May 14, 1948, the House adopted a resolution (H. Res. 582) 
providing for five hours of debate on a bill, to be divided and 
controlled by the Chairman and ranking minority member of the Committee 
on Un-American Activities.(1)
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 1. 94 Cong. Rec. 5838, 80th Cong. 2d Sess.
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    By unanimous consent in the House (prior to resolving into 
Committee of the Whole) the Members in control then transferred part of 
the time to be controlled by other Members: (2)
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 2. Id. at pp. 5847, 5848.
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        Mr. [Charles A.] Halleck [of Indiana]: Mr. Speaker, after 
    consultation with the members of the Committee on Un-American 
    Activities, I ask unanimous consent that of the 2\1/2\ hours to be 
    allocated on this side of the aisle, a total of 45 minutes may be 
    allocated by the gentleman from New York [Mr. Marcantonio] with the 
    last 30 minutes of the over-all time reserved to the committee.
        The Speaker: (3) Is there objection to the request 
    of the gentleman from Indiana?
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 3. Joseph W. Martin (Mass.).
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        There was no objection.
        Mr. [John S.] Wood [of Georgia]: Mr. Speaker, I ask unanimous 
    consent to yield 45 minutes of the time allotted to me to the 
    gentleman from New York [Mr. Marcantonio] in behalf of the 
    opposition to this measure, reserving the last 20 minutes of the 
    time allotted to me.
        The Speaker: Is there objection to the request of the gentleman 
    from Georgia?
        There was no objection.
        Mr. [Karl E.] Mundt [of South Dakota]: Mr. Speaker, I 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. 
    5852) to combat un-American activities by requiring the 
    registration of Communist-front organizations and for other 
    purposes.
        The motion was agreed to.

Two or More Committees in Control

Sec. 24.3 Forms of special orders designating more than one committee 
    to control time for

[[Page 4265]]

    general debate in Committee of the Whole.

    The following resolution was under consideration on June 4, 1940:

        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 H.R. 9195, a bill to amend the National Labor Relations Act, and 
    all points of order against said bill are hereby waived. That after 
    general debate, which shall be confined to the bill and continue 
    not to exceed 4 hours, 1 hour to be controlled by the chairman of 
    the Committee on Labor, 1 hour to be controlled by the ranking 
    minority member of the Committee on Labor, and 2 hours to be 
    controlled by the chairman of the Special Committee to Investigate 
    the National Labor Relations Board, the bill shall be read, and 
    after the reading of the first section of such bill it shall be in 
    order to move to strike out all after the enacting clause and 
    insert as a substitute the text of the bill H.R. 8813 and all 
    points of order against such substitute are hereby waived. At the 
    conclusion of the consideration of the bill H.R. 9195 the Committee 
    shall rise and report the bill to the House with such amendments as 
    may have been adopted, and the previous auestion 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.(4)
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 4. H. Res. 465, 86 Cong. Rec. 7506, 7507, 76th Cong. 3d Sess.
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    As a further example, the following resolution was considered on 
Apr. 26, 1956:

        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. 10660) to amend and supplement the Federal-Aid 
    Road Act approved July 11, 1916, to authorize appropriations for 
    continuing the construction of highways; to amend the Internal 
    Revenue Code of 1954 to provide additional revenue from the taxes 
    on motor fuel, tires, and trucks and buses; and for other purposes. 
    After general debate, which shall be confined to the bill, and 
    shall continue not to exceed 5 hours, 3 hours to be equally divided 
    and controlled by the chairman and ranking minority member of the 
    Committee on Public Works, and 2 hours to be equally divided and 
    controlled by the chairman and ranking minority member of the 
    Committee on Ways and Means, the bill shall be read for amendment 
    under the 5-minute rule. No amendments shall be in order to title 
    II of the bill except amendments offered by direction of the 
    Committee on Ways and Means which shall be in 4. H. Res. 465, 86 
    Cong. Rec. 7506, 7507, 76th Cong. 3d Sess. order notwithstanding 
    any rule of the House to the contrary, but shall not be subject to 
    amendment. At the conclusion of the consideration of the bill, 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

[[Page 4266]]

    intervening motion except one motion to recommit.(5)
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 5. H. Res. 485, 102 Cong. Rec. 7110, 84th Cong., 2d Sess.
            See also H. Res. 275, 107 Cong. Rec. 7378, 87th Cong. 1st 
        Sess., May 4, 1961, providing for consideration of a bill for 
        federal aid to highways (Committee on Public Works and 
        Committee on Ways and Means); H. Res. 610, 115 Cong. Rec. 
        33260, 91st Cong. 1st Sess., Nov. 6, 1969, providing for 
        consideration of the Federal Aviation Facilities Expansion and 
        Improvement Act of 1969 (Committee on Interstate and Foreign 
        Commerce and Committee on Ways and Means); H. Res. 1216, 116 
        Cong. Rec. 33296, 91st Cong. 2d Sess., Sept. 23, 1970, 
        providing for consideration of the Comprehensive Drug Abuse 
        Prevention and Control Act of 1970 (Committee on Interstate and 
        Foreign Commerce and Committee on Way and Means).
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Sec. 24.4 A special rule may provide for the consideration of a bill 
    where general debate is to be divided between two committees, and 
    where part of the committee substitute in the bill is open to 
    amendment and part is closed.

    On Sept. 23, 1970,(6) the House adopted a special order 
offered by Mr. Ray J. Madden, of Indiana, at the direction of the 
Committee on Rules:
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 6. 116 Cong. Rec. 33296-98, 91st Cong. 2d Sess.
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                                H. Res. 1216

        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. 18583) to amend the Public Health Service Act and 
    other laws to provide increased research into, and prevention of, 
    drug abuse and drug dependence; to provide for treatment and 
    rehabilitation of drug abusers and drug dependent persons; and to 
    strengthen existing law enforcement authority in the field of drug 
    abuse. After general debate, which shall be confined to the bill 
    and shall continue not to exceed four hours, three hours to be 
    equally divided and controlled by the chairman and ranking minority 
    member of the Committee on Interstate and Foreign Commerce, and one 
    hour to be equally divided and controlled by the chairman and 
    ranking minority member of the Committee on Ways and Means, the 
    bill shall be read for amendment under the five-minute rule. It 
    shall be in order to consider without the inter vention of any 
    point of order the amendment in the nature of a substitute 
    recommended by the Committee on Interstate and Foreign Commerce now 
    printed in the bill as an original bill for the purpose of 
    amendment under the five-minute rule. At the conclusion of the 
    consideration of title II of the amendment in the nature of a 
    substitute for amendment, title III of said substitute shall be 
    considered as having been read for amendment. No amendments shall 
    be in order to title III of said substitute except amendments 
    offered by direction of the Committee on Ways and Means, and said 
    amendments shall be in order, any rule of the House to the contrary 
    notwithstanding, but shall not be subject to amendment. At the con

[[Page 4267]]

    clusion 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 any Member may demand a 
    separate vote in the House on any amendment adopted in the 
    Committee of the Whole to the bill or committee amendment in the 
    nature of a 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 or 
    without instructions.

    When the House resolved itself into the Committee of the Whole for 
the consideration of the bill the Chairman of the Committee of the 
Whole made a statement relative to general debate on the bill:

        The Chairman: (7) Pursuant to the rule, general 
    debate shall continue not to exceed 4 hours-3 hours to be equally 
    divided and controlled by the chairman and ranking minority member 
    of the Committee on Interstate and Foreign Commerce, and 1 hour to 
    be equally divided and controlled by the chairman and ranking 
    minority member of the Committee on Ways and Means.

    At the conclusion of general debate, the Chairman announced the 
procedure to be followed during the amendment process.(8)
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 7. William S. Moorhead (Pa.).
 8. 116 Cong. Rec. 33318, 91st Cong. 2d Sess., Sept. 23, 1970.
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        Mr. [Wilbur D.] Mills [of Arkansas]: Mr. Chairman, we have no 
    further requests for time.
        The Chairman: Under the rule, titles I and II of the committee 
    substitute amendment printed in the bill will be read for amendment 
    as an original bill under the rule.
        The rule also provides title III shall be considered as having 
    been read for amendment and no amendments are in order to title III 
    of the substitute except amendments offered by direction of the 
    Committee on Ways and Means.
        The Clerk will read.(9)
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 9. For a similar statement by the Chairman of the Committee of the 
        Whole on a bill considered under the same procedure, see 115 
        Cong. Rec. 33308, 91st Cong. 1st Sess., Nov. 6, 1969.
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    Parliamentarian's Note: The bill provided for in the special order 
had been reported by the Committee on Interstate and Foreign Commerce, 
but the hearings and markup on title III of the bill, as well as 
certain recommendations as to the provisions of title II, were the work 
product of the Committee on Ways and Means. The procedure for 
considering the bill, with general debate divided between the two 
committees, was determined after consultation with the two committees 
involved.

General Debate Fixed by Days

Sec. 24.5 The Committee on Rules has the right to report out a special 
    rule fixing time for debate on a bill to a certain

[[Page 4268]]

    number of days instead of hours

    On Sept. 3, 1940, (10) Mr. Adolph J. Sabath, of 
Illinois, called up by direction of the Committee on Rules House 
Resolution 686, providing for the consideration of H.R. 10132, to 
provide for a system of selective compulsory military training and 
service. The resolution provided for general debate to ``continue not 
to exceed 2 days,'' and Speaker pro tempore Jere Cooper, of Tennessee, 
overruled a point of order against the resolution:
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 10. 86 Cong. Rec. 11359, 11360, 76th Cong. 3d Sess.
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        Mr. [Vito] Marcantonio [of New York]: Mr. Speaker a point of 
    order.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Marcantonio: Mr. Speaker, I make the point of order that 
    the resolution is contrary to the unwritten law of the House. It 
    has been the universal practice, custom, and tradition of the House 
    to have debate fixed by hours. This resolution fixes general debate 
    by days. This is entirely meaningless, because a day may be 
    terminated by a motion that the Committee rise or by adjournment, 
    and for that reason I press my point of order.
        The Speaker Pro Tempore: The Chair is prepared to rule. The 
    gentleman from New York makes the point of order that the 
    resolution is contrary to the unwritten rules of the House in that 
    general debate is fixed by days instead of hours.
        In the first place, the point of order comes too late.
        In the second place, this is a resolution reported by the 
    Committee on Rules to change the rules of the House, which is 
    permissible on anything except that which is prohibited by the 
    Constitution.
        The point of order is overruled.
        The gentleman from Georgia [Mr. Cox] is recognized for 5 
    minutes.

Sec. 24.6 Form of resolution providing for consideration of a bill and 
    fixing the time for debate at one day.

    The following resolution was under consideration on Aug. 17, 1949: 
(11)
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 11. H. Res. 327, 95 Cong. Rec. 11658, 81st Cong. 1st Sess. The term 
        ``one day'' means one legislative day as terminated by 
        adjournment.
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        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 the bill (H.R. 5895) to promote the foreign policy 
    and provide for the defense and general welfare of the United 
    States by furnishing military assistance to foreign nations, and 
    all points of order against the said bill are hereby waived. That 
    after general debate, which shall be confined to the bill and 
    continue not to exceed 1 day, to be equally divided and controlled 
    by the chairman and ranking minority member of the Committee on 
    Foreign Affairs, the bill shall be read for amendment under the 5-

[[Page 4269]]

    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.

Sec. 24.7 Form of resolution providing that general debate on a bill 
    end by a certain time on a certain day.

    The following resolution was under consideration on June 20, 1951:

        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 the bill (H.R. 4473) to provide revenue, and for 
    other purposes, and all points of order against the bill are hereby 
    waived. That after general debate, which shall be confined to the 
    bill and continue not to exceed 2 days, such general debate to end 
    not later than 4 o'clock p.m., on the second day of debate, and 
    which shall be confined to the bill, to be equally divided and 
    controlled by the chairman and ranking minority member of the 
    Committee on Ways and Means, the bill shall be considered as having 
    been read for amendment. No amendment shall be in order to said 
    bill except amendments offered by the direction of the Committee on 
    Ways and Means, and said amendments shall be in order, any rule of 
    the House to the contrary notwithstanding. Amendments offered by 
    direction of the Committee on Ways and Means may be offered to any 
    section of the bill at the conclusion of the general debate, but 
    said amendments shall not be subject to amendment. 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.(12)
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12. H. Res. 262, 97 Cong. Rec. 6380, 82d Cong. 1st Sess.
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Sec. 24.8 Where debate on a bill is fixed by resolution at one day the 
    term one day means one legislative day as terminated by 
    adjournment.

    On Aug. 17, 1949,(13) Chairman of the Committee of the 
Whole Wilbur D. Mills, of Arkansas, answered an inquiry as to length of 
debate on a bill, where the House had adopted a resolution providing 
for general debate to ``continue not to exceed 1 day'':
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13. 95 Cong. Rec. 11666, 81st Cong. 1st Sess.
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        The Chairman: Under the rule general debate will be equally 
    divided and will not exceed one day.
        Mr. [Joseph P.] O'hara of Minnesota: Mr. Chairman, a 
    parliamentary inquiry.
        The Chairman: The gentleman will state it.

[[Page 4270]]

        Mr. O'Hara of Minnesota: What is meant by the term ``one day''?
        The Chairman: The term means one legislative day as terminated 
    by adjournment, from now until the time the House adjourns.

Debate Under Five-minute Rule

Sec. 24.9 Form of resolution closing general debate on a bill in 
    Committee of the Whole, providing that the bill be considered as 
    having been read for amendment, and limiting the duration of the 
    five-minute debate to an hour and a half.

    The following resolution was under consideration on Apr. 17, 1936: 
(14)
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14. 80 cong. Rec. 5634, 74th Cong. 2d Sess.
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                            House Resolution 489

        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 H.R. 
    11563, a bill declaring an emergency in the housing condition in 
    the District of Columbia; creating a Rent Commission for the 
    District of Columbia; prescribing powers and duties of the 
    commission, and for other purposes; and all points of order against 
    said bill are hereby waived. General debate on said bill shall be 
    considered as closed, and the bill shall be considered as having 
    been read the second time. Amendments may be offered to any section 
    of the bill, but debate under the 5-minute rule shall be closed 
    within one hour and a half. 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 the amendments thereto to final passage without 
    intervening motion, except one motion to recommit with or without 
    instructions.

Sec. 24.10 Where a special rule provided for the reading of a bill in 
    its entirety it was held in order following that reading (and 
    following debate under the five minute rule) to move to close 
    debate on the bill and all amendments thereto.

    On Aug. 22, 1935, the Committee of the Whole was considering H.R. 
8455, a bill providing public works on rivers and harbors, etc., 
pursuant to a special order (H. Res. 349) which provided in part as 
follows:

        That after general debate, which shall be confined to the bill 
    and continue not to exceed 1 hour, to be equally divided and 
    controlled by the chairman and ranking minority member of the 
    Committee on Flood Control, the bill in its entirety shall be read 
    for amendment, following which amendments shall be in order to any 
    para

[[Page 4271]]

    graph of the bill, and such amendments shall be considered under 
    the 5-minute rule.(15)
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15. 79 Cong. Rec. 14151, 74th Cong. 1st Sess.
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    Following some debate in Committee of the Whole under the five-
minute rule, a motion to close debate was offered:

        Mr. [Jack] Nichols [of Oklahoma]: Mr. Chairman, I move that all 
    debate on this bill and all amendments thereto close in 30 minutes.
        The Chairman: (16). The gentleman from Oklahoma [Mr. 
    Nichols] moves that all debate on the bill and all amendments 
    thereto close in 30 minutes.
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16. Claude A. Fuller (Ark.).
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        Mr. [John] Taber [of New York]: Mr. Chairman, I make a point of 
    order against that motion.
        The Chairman: The Chair will hear the gentleman.
        Mr. Taber: Mr. Chairman, such a motion is only in order when a 
    bill is being read by sections and after an amendment has been 
    offered. The motion is not in order at this stage.
        The Chairman: The rule provided for the reading of the entire 
    bill, and the Chair holds that the motion of the gentleman from 
    Oklahoma is in order.(17)
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17. 79 Cong. Rec. 14192, 14193, 74th Cong. 1st Sess.
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Five-minute Debate Under Closed Rule

Sec. 24.11 Where a rule under which a bill is considered permits only 
    specified amendments and prohibits amendments to such amendments, 
    no pro forma amendments are in order and only two five-minute 
    speeches are permitted on each of the specified amendments.

    On Apr. 20, 1955,(18) the Speaker pro tempore answered a 
parliamentary inquiry while there was pending a special order (H. Res. 
211) to limit amendments to a bill to specified amendments which 
themselves would not be subject to amendment:
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18. 101 Cong. Rec. 4829, 84th Cong. 1st Sess.
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        Mr. [Robert J.] Corbett [of Pennsylvania]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker Pro Tempore: (19) Does the gentleman 
    yield for a parliamentary inquiry?
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19. Carl Albert (Okla.).
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        Mr. [Howard W.] Smith of Virginia: Let me say to the gentleman 
    that from a strictly parliamentary standpoint there would only be 
    10 minutes, 5 on one side and 5 on the other. Whether you can get 
    unanimous consent or not I do not know.
        The Speaker Pro Tempore: The time of the gentleman from 
    Virginia has expired.
        Mr. [Leo E.] Allen of Illinois: Mr. Speaker, I yield myself 
    such time as I might reqture.
        Mr. Corbett: Mr. Speaker, parliamentary inquiry.

[[Page 4272]]

        The Speaker Pro Tempore: (19) Does the gentleman 
    from Illinois yield to the gentleman from Pennsylvania for a 
    parliamentary inquiry?
        Mr. Allen of Illinois: I yield to the gentleman from 
    Pennsylvania.
        Mr. Corbett: Mr. Speaker, I would like to raise the question, 
    if this rule is adopted, and when the amendments are presented, 
    whether or not the amendments will be open to discussion under the 
    5-minute rule or we will be limited to one 5-minute speech for and 
    one 5-minute speech against the amendment?
        The Speaker Pro Tempore: Under the rules, there will be one 5-
    minute for and one 5-minute against. No pro forma amendments will 
    be in order.

    Parliamentarian's Note: A ``closed'' rule may specifically make in 
order pro forma amendments.(20)
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20. See Sec. 22.19, supra.
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Sec. 24.12 The House may agree by unanimous consent to extend debate in 
    the Committee of the Whole on specified amendments to a bill being 
    considered under a rule prohibiting pro forma amendments (and 
    therefore allowing only 10 minutes on each amendment).

    On Apr. 20, 1955, the House had under debate a resolution reported 
from the Committee on Rules, providing for the consideration of a bill 
and allowing only specified amendments to be offered, such amendments 
not to be subject to amendment (H. Res. 211). After the Chair had 
stated in response to a parliamentary inquiry that under the rule pro 
forma amendments would not be in order and that amendments would be 
debatable for only 10 minutes (five minutes for and five against), a 
unanimous consent request to extend time for debate on a specified 
amendment was agreed to: (1)
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 1. 101 Cong. Rec. 4834, 84th Cong. 1st Sess.
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        Mr. [Howard W.] Smith of Virginia: Mr. Speaker, I desire to 
    submit a unaninnous-consent request. The point has been raised that 
    there will be only 10 minutes of debate on this very controversial 
    amendment on the pay question, which is to be found at page 82 of 
    the bill. I should like to state frankly that I did not notice 
    that. I believe that we should provide time for pro forma 
    amendments, to any amendment that is offered. It was not my purpose 
    to restrict the debate in this way. This was not called to my 
    attention until this morning.
        After consultation with the minority I ask unanimous consent 
    that debate under the 5-minute rule on the amendment which will be 
    offered at page 82 of the bill relating to the pay schedule, be 
    extended for 30 additional minutes, which will provide 40 minutes 
    of debate.
        The Speaker: Is there objection to the request of the gentleman 
    from Virginia?

[[Page 4273]]

        Mr. [Antoni N.] Sadlak [of Connecticut]: Mr. Speaker, reserving 
    the right to object, does that mean that we will have the usual 5 
    minutes for and 5 minutes against, on the other two amendments that 
    may be offered?
        Mr. Smith of Virginia: I am sorry, I did not hear the 
    gentleman.
        Mr. Sadlak: The significance of the gentleman's request that 
    the rule as originally introduced would provide only 5 minutes of 
    debate on each amendment to each side.

        Mr. Smith of Virginia: As to the other two amendments, that is 
    correct.
        The Speaker: Is there objection to the request of the gentleman 
    from Virginia that the time for debate on the amendment which the 
    gentleman identified be extended 30 minutes?
        Mr. [Leo E.] Allen of Illinois: Reserving the right to object, 
    Mr. Speaker, who will have control of the time under that 
    procedure?
        The Speaker: It will be up to the Chairman of the Committee of 
    the Whole to recognize Members under the 5-minute rule.
        Mr. [Joseph W.] Martin Jr., [of Massachusetts]: Reserving the 
    right to object, Mr. Speaker, and I am not going to object, I think 
    we can have assurance that both sides will be equally recognized in 
    the 30 minutes.
        Mr. Smith of Virginia: I assume everybody will be fair.
        The Speaker: Is there objection to the request of the gentleman 
    from Virginia?
        There was no objection.

Sec. 24.13 Where a bill is being considered under a rule permitting 
    only committee amendments and prohibiting amendments thereto, a 
    second Member rising to support the committee amendment cannot be 
    recognized, since he would necessarily be speaking to a pro forma 
    amendment.

    On Sept. 3, 1959, the Committee of the Whole was considering a bill 
pursuant to a special order providing that only amendments offered by 
direction of the Committee on Ways and Means were in order, such 
amendments not to be subject to amendment (H. Res. 372). Chairman 
William Pat Jennings, of Virginia, advised that pro forma amendments 
were not in order. After a committee amendment was offered, Mr. Frank 
J. Becker, of New York, spoke in favor thereof for five minutes and the 
Chairman ruled that another Member could not be recognized in favor of 
the amendment:

        Mr. [Toby] Morris of Oklahoma: Mr. Chairman, I rise in support 
    of the amendment.
        The Chairman: The Chair will state to the gentleman that only 5 
    minutes is permitted in support of the amendment and 5 minutes in 
    opposition. Five minutes has been consumed in support of the 
    amendment. Therefore, the Chair cannot recognize the gentleman at 
    this time.(2)
---------------------------------------------------------------------------
 2. 105 Cong. Rec. 17988, 86th Cong. 1st Sess.
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[[Page 4274]]

Sec. 24.14 When an amendment, offered by direction of a committee, is 
    being considered under a closed rule, only two five-minute speeches 
    are in order and a third Member is not entitled to recognition 
    notwithstanding the fact that the second Member, recognized in 
    opposition, spoke in favor of the amendment.

    On May 18, 1960, the Committee of the Whole was considering a bill 
under a closed rule, permitting only committee amendments and providing 
that such amendments not be subject to amendment (H. Res. 468). Mr. 
George Meader, of Michigan, had been recognized by Chairman William H. 
Natcher, of Kentucky, to speak for five minutes in opposition to the 
pending committee amendment. The Chair then answered a parliamentary 
inquiry: (3)
---------------------------------------------------------------------------
 3. 106 Cong. Rec. 10579, 86th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [John H.] Dent [of Pennsylvania]: Mr. Chairman, will the 
    gentleman yield?
        Mr. Meader: I yield to the gentleman from Pennsylvania.
        Mr. Dent: Mr. Chairman, a parliamentary inquiry.
        The Chairman: The gentleman will state it.
        Mr. Dent: Did the gentleman from Michigan get up and ask for 
    time to speak in opposition and would that include any of us who 
    are opposed to the bill, since he is speaking in favor of the bill?
        The Chairman: Under the rule, no one else can be recognized.
        Mr. Meader: Mr. Chairman, if the gentleman from Pennsylvania 
    wants me to yield to him to make a statement, I will be glad to do 
    so.
        Mr. Dent: I do not think that is it. I just want to know if the 
    rules of the House allow the time to be usurped by those in favor 
    of the bill when some time is supposed, under the rules of the 
    House, to be allocated to those who are opposed to the bill.
        The Chairman: The Chair wishes to inform the gentleman from 
    Pennsylvania that the gentleman from Michigan stated that he rose 
    in opposition to the amendment, and the Chair recognized the 
    gentleman from Michigan.

Sec. 24.15 When a bill is being considered under a closed rule, which 
    provides that amendments may be offered only at the direction of 
    the committee reporting the bill, only two five-minute speeches are 
    in order, one in support of the committee amendment and one in 
    opposition to the amendment and the Chair gives preference in 
    recognition to members of the committee reporting the bill.

    On May 18, 1960, the Committee of the Whole was considering a bill 
under a rule providing

[[Page 4275]]

that only committee amendments could be offered, such amendments not to 
be subject to amendment (H. Res. 468). Chairman William H. Natcher, of 
Kentucky, answered an inquiry on debate under the five-minute rule:

        Mr. [Cleveland M.] Bailey [of West Virginia]: Mr. Chairman, 
    will the gentleman yield?
        Mr. [Hale] Boggs [of Louisiana]: I yield to the gentleman from 
    West Virginia.

        Mr. Bailey: I rise in opposition to the amendment, and I oppose 
    the legislation in genera].
        Mr. Chairman, a parliamentary inquiry.
        The Chairman: The gentleman will state it.
        Mr. Bailey: On what ground may I get recognition for the 
    purpose of opposing the legislation?
        The Chairman: The Chair recognized the gentleman from Louisiana 
    [Mr. Boggs] for 5 minutes in support of the committee amendment, so 
    the gentleman from Louisiana would have to yield to the 
    distinguished gentleman from West Virginia.
        Mr. Bailey: At the expiration of the 5 minutes allowed the 
    gentleman from Louisiana, may I be recognized to discuss the 
    amendment?
        The Chairman: If no other member of the committee rises in 
    opposition to the amendment, the Chair will recognize the 
    gentleman.(4)
---------------------------------------------------------------------------
 4. 106 Cong. Rec. 10576, 86th Cong. 2d Sess.
---------------------------------------------------------------------------

Debate in the House

Sec. 24.16 Form of special order limiting and fixing the control of 
    time for debate on another special order.

    The following resolution reported from the Committee on Rules was 
under consideration on May 2, 1933: (5)
---------------------------------------------------------------------------
 5. H. Res. 125, 77 Cong. Rec. 2693, 73d Cong. 1st Sess. The special 
        order provided for in the resolution (H. Res. 124), also 
        reported from the Committee on Rules, provided for the 
        disposition of a House bill with Senate amendments.
---------------------------------------------------------------------------

        Resolved, That immediately upon the adoption of this resolution 
    the House shall proceed to the consideration of House Resolution 
    124, and all points of order against said resolution shall be 
    waived. That after general debate, which shall be confined to the 
    resolution and shall continue not to exceed 5 hours, to be equally 
    divided and controlled by the chairman and ranking minority member 
    of the Committee on Rules, the previous question shall be 
    considered on the resolution to its adoption or rejection.

Sec. 24.17 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 (with the effect of precluding 
    amendments).

    The following resolution was under consideration on Mar. 11, 1933: 
(6)
---------------------------------------------------------------------------
 6. 77 Cong. Rec. 198, 73d Cong. 1st Sess.

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[[Page 4276]]

                            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.

Sec. 24.18 Form of resolution providing that the time for debate 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: 
(7)
---------------------------------------------------------------------------
 7. H. Res. 302, 89 Cong. Rec. 7646, 78th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:

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

    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 on the motion to suspend the rules, 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 by the adoption of the special order.

Sec. 24.19 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 reported from the Committee on Rules was 
under consideration on June 2, 1936: (8)
---------------------------------------------------------------------------
 8. H. Res. 528, 80 Cong. Rec. 8746, 74th Cong. 2d Sess. See a]so H. 
        Res. 529, 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

[[Page 4277]]

    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.

        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.

Sec. 24.20 The House adopted a resolution reported from the Committee 
    on Rules fixing the time and control of debate in the House on 
    another resolution reported from that committee.

    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): 
(9)
---------------------------------------------------------------------------
 9. 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 consideiation 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.