[Deschler's Precedents, Volume 6, Chapter 21]
[Chapter 21. Order of Business; Special Orders]
[E. Privileged Business]
[Â§ 31. Relative Precedence Among Privileged Matters]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 4447-4458]
 
                               CHAPTER 21
 
                   Order of Business; Special Orders
 
                         E. PRIVILEGED BUSINESS
 
Sec. 31. Relative Precedence Among Privileged Matters

    Following the precedents in this section there appears a table 
summarizing decisions of the Chair with respect to the relative 
precedence among privileged questions. The information given in the 
table is intended merely as a guide, since the principles of relative 
precedence stated herein are subject to the right of the House to 
change its order of business at any time. The priority of matters of 
equal or near-equal privilege may be determined by the Chair within his 
power of recognition. And the decisions cited should be consulted to 
determine whether they reflect the current practices of the House and 
whether they are precisely applicable to the parliamentary situation in 
question.(20)
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20. See also, for the relative precedence of privileged questions, 
        Cannon's Procedure in the House of Representatives 252, H. Doc. 
        No. 86-122 (1959); House Rules and Manual Sec. 880 [note] 
        (1979).                          -------------------
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Chair's Power of Recognition (Matters of Equal Privilege)

Sec. 31.1 In response to a parliamentary inquiry, the Speaker stated 
    that where matters of equal privilege are pending, the order of 
    their consideration is subject to the Speaker's recognition.

    On Sept. 22, 1966,(1) Speaker John W. McCormack, of 
Massachusetts, made the following statement on recognition, in response 
to a parliamentary inquiry related to the order of business:
---------------------------------------------------------------------------
 1. 112 Cong. Rec. 23691, 89th Cong. 2d Sess.
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        The Speaker: . . . Of course, the question of recognition is 
    with the Chair, where there are two similar preferential matters, 
    but the gentleman's understanding is correct that after 7 
    legislative days a member of the Rules Committee could call it up.
        If it were a question of recognition, if the same preferential 
    status existed at the same time, recognition rests with the Chair.

Sec. 31.2 If a resolution providing a special order of business and 
    reported by the Committee on Rules is not called up for 
    consideration by the Member reporting the resolu

[[Page 4448]]

    tion within seven days, any member of that committee may call it up 
    for consideration as a privileged matter, for which purpose the 
    Speaker would be obliged to recognize such member, unless a matter 
    of equal or higher privilege was pending, in which case the order 
    of consideration would be determined by the Speaker's recognition.

    On Sept. 22, 1966,(2) Speaker John W. McCormack, of 
Massachusetts, answered a parliamentary inquiry as to the order of 
business:
---------------------------------------------------------------------------
 2. 112 Cong. Rec. 23691, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [William M.] Colmer [of Mississippi]: Mr. Speaker, a 
    parliamentary inquiry.
        Under the rules of the House, as I understand them, this rule, 
    House Resolution 1007, to bring up the so-called House Un-American 
    Activities Committee bill, is a privileged matter, and if it is not 
    programed, then the gentleman handling the rule or any member of 
    the Rules Committee, may call it up as a privileged matter. Is my 
    understanding correct about that?
        The Speaker: The gentleman's understanding is correct. Of 
    course, the question of recognition is with the Chair, where there 
    are two similar preferential matters, but the gentleman's 
    understanding is correct that after 7 legislative days a member of 
    the Rules Committee could call it up.
        If it were a question of recognition, if the same preferential 
    status existed at the same time, recognition rests with the Chair.
        Mr. Colmer: I thank the Speaker for his ruling.
        Mr. Speaker, in view of that, if the gentleman will continue to 
    yield to me, I should like to serve notice now on the majority 
    leadership that if this resolution is not programed at a reasonably 
    early date, I shall exercise that privilege as the one who is 
    designated to handle this rule.
        Mr. [Hale] Boggs [of Louisiana]: Mr. Speaker, I should like to 
    announce further that the program for next week will be announced 
    later in the day.

Sec. 31.3 While the call of the Consent Calendar is, under Rule XIII 
    clause 4, mandatory on the first and third Mondays of the month 
    immediately after the approval of the Journal, the Speaker may 
    recognize a Member to call up a conference report under Rule XXVIII 
    clause 1, before directing the Clerk to call the Consent Calendar.

    On May 4, 1970,(3) which was Consent Calendar Day under 
Rule XIII clause 4, requiring that the Consent Calendar be called 
immediately after the approval of the Journal, Speaker John W. 
McCormack, of Massachusetts, recog
---------------------------------------------------------------------------
 3. 116 Cong. Rec. 14021-33, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

[[Page 4449]]

nized Mr. Carl D. Perkins, of Kentucky, to call up a conference report 
on H.R. 515 (to amend the National School Lunch Act and Child Nutrition 
Act), as a privileged matter under Rule XXVIII clause 1, before 
directing the call of the Consent Calendar.

Sec. 31.4 On a District Day, the Speaker recognized a member of the 
    Committee on Rules to call up a privileged resolution relating to 
    the order of business, and later recognized the chairman of another 
    committee to call up the business made in order thereby, prior to 
    recognizing the Chairman of the Committee on the District of 
    Columbia to call up District business under Rule XXIV clause 8.

    On Sept. 24, 1962,(4) which was District of Columbia Day 
under Rule XXIV clause 8, Speaker John W. McCormack, of Massachusetts, 
first recognized Mr. William M. Colmer, of Mississippi, to call up by 
direction of the Committee on Rules House Resolution 804, making in 
order and providing for the consideration of Senate Joint Resolution 
224, authorizing the President to call up armed forces reservists. The 
House having agreed to the resolution, the Speaker recognized Carl 
Vinson, of Georgia, Chairman of the Committee on Armed Services and 
manager of the joint resolution, to move that the House resolve itself 
into the Committee of the Whole for the consideration of the joint 
resolution, which was, after debate, agreed to by the House.
    The Speaker then stated that it was District of Columbia Day and 
recognized Chairman John L. McMillan, of South Carolina, of the 
Committee on the District of Columbia for District 
business.(5)
---------------------------------------------------------------------------
 4. 108 Cong. Rec. 20489-94, 87th Cong. 2d Sess.
 5. Id. at p. 20521.
---------------------------------------------------------------------------

Sec. 31.5 When a Member seeks recognition to call up District of 
    Columbia business on the fourth Monday (privileged under Rule XXIV 
    clause 8) and another Member seeks recognition to move to suspend 
    the rules and agree to a Senate joint resolution amending the 
    Constitution (privileged pursuant to a unanimous-consent agreement 
    making it in order on the fourth Monday for the Speaker to 
    recognize Members to move suspension and passage of bills), it is 
    within the discretion of the Speaker as to which of the

[[Page 4450]]

    two Members he shall recognize.

    On Aug. 27, 1962,(6) which was the fourth Monday of the 
month and therefore a day eligible for District of Columbia business, 
under Rule XXIV clause 8, Speaker John W. McCormack, of Massachusetts, 
recognized Mr. Emanuel Celler, of New York, to move to suspend the 
rules and pass a joint resolution (to amend the Constitution to 
prohibit the use of a poll tax as a qualification for voting) pursuant 
to a previous unanimous consent request making in order on that day 
motions to suspend the rules. The Speaker overruled a point of order 
against prior recognition for the motion to suspend the rules:
---------------------------------------------------------------------------
 6. 108 Cong. Rec. 17654-70, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. Celler: Mr. Speaker, I move to suspend the rules and pass 
    Senate Joint Resolution 29, proposing an amendment to the 
    Constitution of the United States relating to qualifications of 
    electors.
        Mr. [Thomas G.] Abernethy [of Mississippi]: Mr. Speaker, a 
    point of order.
        The Speaker: The gentleman will state his point of order.
        Mr. Abernethy: Mr. Speaker, I make the point of order that this 
    is District Day, that there are District bills on the calendar, and 
    as a member of the Committee on the District of Columbia I 
    respectfully demand recognition so that these bills may be 
    considered.
        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, may I be heard on 
    the point of order?
        The Speaker: The Chair is prepared to rule, but the gentleman 
    may be heard.
        Mr. Albert: Mr. Speaker, by unanimous consent, suspensions were 
    transferred to this day, and under the rules the Speaker has power 
    of recognition at his own discretion.
        Mr. Abernethy: Mr. Speaker, I respectfully call the attention 
    of the chairman to clause 8, rule XXIV, page 432 of the House 
    Manual. . . .
        Mr. Speaker, I submit that rule is clear that when the time is 
    claimed and the opportunity is claimed the Chair shall permit those 
    bills to be considered.
        Therefore, Mr. Speaker, I respectfully submit my point of order 
    is well taken, and that I should be permitted to call up bills 
    which are now pending on the calendar from the Committee on the 
    District of Columbia.
        Mr. [Howard W.] Smith of Virginia: Mr. Speaker. I should like 
    to be heard on the point of order.
        The Speaker: The Chair will hear the gentleman.
        Mr. Smith of Virginia: Mr. Speaker, the rules of the House on 
    some things are very clear, and the rules of the House either mean 
    something or they do not mean anything.
        Mr. Speaker, the gentleman from Mississippi [Mr. Abernethy], 
    has just called to the Chair's attention clause 8 of rule XXIV. 
    Nothing could be clearer; nothing could be more mandatory. I

[[Page 4451]]

    want to repeat it because I hope the Chair will not fall into an 
    error on this proposition:

            The second and fourth Mondays in each month, after the 
        disposition of motions to discharge committees and after the 
        disposal of such business on the Speaker's table as requires 
        reference only--

        And that is all; that is all that you can consider--disposition 
    of motions to discharge committees--
        and after the disposal of such business on the Speaker's table 
        as requires reference only--

        That is all that the Chair is permitted to consider.
        Mr. Speaker, after that is done the day--
        shall when claimed by the Committee on the District of 
        Columbia, be set apart for the consideration of such business 
        as may be presented by said committee.

        Mr. Speaker, I know that the majority leader bases his defense 
    upon the theory that the House having given unanimous consent to 
    hear suspensions on this Monday instead of last Monday when they 
    should have been heard--and I doubt if very many Members were here 
    when that consent order was made and I am quite sure that a great 
    number of them had no notice that it was going to be made, and 
    certainly I did not--now the majority leader undertakes to say that 
    having gotten unanimous consent to consider this motion on this day 
    to suspend the rules, therefore, it gives the Speaker carte blanche 
    authority to do away with the rule which gives first consideration 
    to District of Columbia matters.
        Mr. Speaker, there was no waiver of the rule on the District of 
    Columbia. That consent did not dispose or dispense with the 
    business on the District of Columbia day. The rule is completely 
    mandatory. The rule says that on the second and fourth Mondays, if 
    the District of Columbia claims the time, that the Speaker shall 
    recognize them for such dispositions as they desire to call.
        The Speaker: The Chair is prepared to rule.
        Several days ago on August 14 unanimous consent was obtained to 
    transfer the consideration of business under suspension of the 
    rules on Monday last until today. That does not prohibit the 
    consideration of a privileged motion and a motion to suspend the 
    rules today is a privileged motion. The matter is within the 
    discretion of the Chair as to the matter of recognition.

Sec. 31.6 The consideration of appropriation bills on District of 
    Columbia Monday is of equal privilege with bills called up by the 
    Committee on the District of Columbia; thus it is within the 
    discretion of the Chair as to which business he will recognize for 
    first.

    Jan. 25, 1932, was a Monday and a day eligible for District of 
Columbia business. Also scheduled for consideration was the Department 
of Agriculture appropriation bill. Under his power of recognition, 
Speaker John N. Garner, of Texas, first recognized

[[Page 4452]]

Mrs. Mary T. Norton, of New Jersey, to call up a bill by direction of 
the Committee on the District of Columbia. Following the rejection of 
the previous question thereon, the Speaker recognized Mr. James P. 
Buchanan, of Texas, to move that the House resolve itself into the 
Committee of the Whole for the consideration of the appropriation 
bill.(7)
---------------------------------------------------------------------------
 7. 75 Cong. Rec. 2656-60, 72d Cong. 1st Sess.
---------------------------------------------------------------------------

House May Determine Order of Business

Sec. 31.7 The regular order of business, such as the relative 
    precedence of a motion to discharge on discharge days over 
    unfinished business, may be varied by unanimous consent.

    On May 8, 1936,(8) Speaker Joseph W. Byrns, of 
Tennessee, answered a parliamentary inquiry as to the order of business 
and the power of the House to change such order by unanimous consent:
---------------------------------------------------------------------------
 8. 80 Cong. Rec. 7010, 74th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [William B.] Bankhead [of Alabama]: Mr. Speaker, I ask 
    unanimous consent that when the House adjourns today it adjourn to 
    meet on Monday next.
        Mr. [Gerald J.] Boileau [of Wisconsin]: Mr. Speaker, reserving 
    the right to object, and I shall not object, will the Speaker make 
    the situation clear with reference to the legislative program for 
    Monday?
        As I understand it, it will be in order before we complete this 
    bill to take up the question of the discharge of the Rules 
    Committee from further consideration of the Frazier-Lemke bill. I 
    would like to ask the Speaker if my understanding is correct, if 
    consideration of the discharge petition would come up before the 
    vote on this bill?
        The Speaker: The Chair thinks it would unless there is a 
    previous understanding. The matter of which shall take precedence 
    can be fixed by consent.
        Mr. Boileau: I appreciate that, Mr. Speaker. Many Members 
    interested in the Frazier-Lemke bill are anxious to know just what 
    the situation is going to be.
        Mr. [Bertrand H.] Snell [of New York]: It would seem to me, if 
    the Speaker will permit, that the vote on the pending bill would be 
    the unfinished business before the House on Monday.
        The Speaker: The Chair will state to the gentleman from 
    Wisconsin that, by consent, an agreement can be made whereby the 
    vote on the motion to recommit the pending bill, or a roll call on 
    its passage, can be had first, and then to take up the motion to 
    discharge the committee.

    Parliamentarian's Note: The House may refuse to consider privileged 
business brought up (except reports from the Committee on Rules not 
called up on the same day reported), and

[[Page 4453]]

thereby reach business or legislation of lesser 
precedence.(9)
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 9. See Sec. Sec. 30.16-30.19, supra, for the question of consideration 
        and preventing consideration.
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Sec. 31.8 Where two propositions of equal privilege are pending, it is 
    for the Chair to determine whom he will recognize to call up one of 
    the propositions, but the House may by unanimous consent determine 
    such precedence.

    On Sept. 11, 1945,(10) Speaker Sam Rayburn, of Texas, 
entertained a unanimous-consent request relating to the order of 
business and responded to a parliamentary inquiry as to its effect:
---------------------------------------------------------------------------
10. 91 Cong. Rec. 8510, 8511, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair recognizes the gentleman from North 
    Carolina.
        Mr. [Alfred L.] Bulwinkle [of North Carolina]: Mr. Speaker, I 
    ask unanimous consent that it may be in order on tomorrow, 
    immediately after the meeting of the House for business, to 
    consider the bill (H.R. 3974) to repeal war time; that general 
    debate be limited to 1 hour, to be equally divided and controlled 
    by the gentleman from Oklahoma [Mr. Boren], chairman of the 
    subcommittee, and the gentleman from Massachusetts [Mr. Holmes].
        Mr. [Joseph W.] Martin [Jr.] of Massachusetts: Mr. Speaker, 
    reserving the right to object, and I shall not because I want to 
    congratulate the committee on bringing in the legislation at this 
    early date, as I understand it, that will be the first order of 
    business tomorrow?
        Mr. Bulwinkle: Yes; that is my understanding.
        Mr. [Robert F.] Rich [of Pennsylvania]: Mr. Speaker, reserving 
    the right to object, I was under the impression that H.R. 3660 was 
    to be the next order of business.
        The Speaker: That is a question for the Chair, as to whether 
    the Chair will recognize the gentleman from Illinois to call up the 
    rule or recognize the gentleman from Oklahoma to call up the bill 
    repealing war time. The request being made at this time is for the 
    war time repeal bill to take precedence.

[[Page 4455]]


               Relative Precedence of Privileged Questions
   (References are to sections in this chapter or in volumes I-VIII of
                     Hinds' and Cannon's Precedents)

            Item of business                  Takes precedence over

Appropriation bill.....................  District of Columbia business
                                          (VI, Sec. Sec.  716-718; VII,
                                          Sec. Sec.  876, 1123) (also
                                          held equal with, Sec.  29.10,
                                          supra).
                                         Private Calendar business (IV
                                          Sec. Sec.  3082-3085).
Approval of Journal....................  Business on Speaker's table
                                          (Sec.  2.17 supra).
                                         Conference report (V, Sec.
                                          6443).
                                         Executive communications (Sec.
                                          2.17, supra).
                                         Motion to dispense with
                                          Calendar Wednesday (Sec.
                                          4.42, supra).
                                         Question of personal privilege
                                          (Sec.  2.13, supra; VI, Sec.
                                          637).
                                         Rules Committee report (Sec.
                                          2.12, supra).
                                         Veto message postponed to day
                                          certain (Sec.  3.36, supra).
Calendar Wednesday business............  Appropriation bill (VII, Sec.
                                          904).
                                         Bill privileged under rules
                                          (VIII, Sec.  2289).
                                          Conference report (VII, Sec.
                                          Sec.  899-901).
                                         Motion to discharge resolution
                                          of inquiry (VII, Sec. Sec.
                                          896, 897).
                                         Motion to rerefer (VII, Sec.
                                          Sec.  883, 884, 2117, 2118).
                                         Privileged report from
                                          Committee on House
                                          Administration (Sec.  4.3,
                                          supra).
                                         Resolution of inquiry (VII,
                                          Sec.  898).
                                         Rules Committee report (Sec.
                                          4.7, supra).
                                         Senate bill similar to reported
                                          House Calendar bill (VII, Sec.
                                           906).
                                         Special order, business under
                                          (VII Sec. Sec.  773, 789).
                                         Unfinished business from
                                          previous day with previous
                                          question ordered (VII, Sec.
                                          Sec.  890-894).
Calendar Wednesday, motion to dispense   District of Columbia business
 with.                                    (Sec.  4.33, supra).
Conference report......................  Appropriation bill (VIII, Sec.
                                          3291).
                                         Consent Calendar business (Sec.
                                           29.25, supra).

[[Page 4456]]


                                         District of Columbia business
                                          (VIII, Sec.  3292).
                                         Operation of previous question
                                          (Sec.  29.26, supra).
                                         Private Calendar business (Sec.
                                           29.27, supra).
                                         Rules Committee report (V, Sec.
                                           6449).
                                         Special order, business under
                                          (V, Sec. Sec.  6454; VII Sec.
                                          789).
                                         Senate amendment in
                                          disagreement (V, Sec.  6523).
Consent Calendar business..............  Appropriation bill (VII, Sec.
                                          Sec.  986, 987).
                                         Contested election case (VII,
                                          Sec. Sec.  988, 989).
                                         Unfinished business from
                                          previous day with previous
                                          question ordered (VII, Sec.
                                          990).
Contested election case (if brought up   Calendar Wednesday business
 as question of constitutional            (VIII, Sec.  2276).
 privilege, which is not the present     Question of privileges of House
 practice).                               (VI, Sec.  572).
                                         Rules Committee report (III,
                                          Sec.  2554).
                                         Suspension of rules (V, Sec.
                                          6825).
                                         Veto message (V, Sec. Sec.
                                          6641, 6642) .
Election of House committee............  Appropriation or revenue bill
                                          (VI, Sec.  3).
Election of Speaker....................  Oath of Members (I, Sec. Sec.
                                          212, 214).
Impeachment............................  Approval of Journal (VI, Sec.
                                          469).
                                         Conference report (Sec.  28.11,
                                          supra).
                                         Contested election case (III,
                                          Sec.  2581).
Message from President.................  Unfinished business (Sec. Sec.
                                          3.6, 3.7, supra).
                                         Question of privilege, message
                                          may be received pending (V,
                                          Sec. Sec.  6640-6642).
Message from Senate....................  Operation of previous question
                                          (Sec.  2.24, supra).
Motion to discharge committee..........  Appropriation bill (VII, Sec.
                                          Sec.  1016, 1017).
                                         Special order, business under
                                          (Sec.  30.11, supra).
                                         Suspension of rules (VII, Sec.
                                          1018).
                                         Unfinished business (Sec.  3.8,
                                          supra).

[[Page 4457]]


                                         Unfinished business from
                                          previous day with previous
                                          question ordered (Sec.  3.23,
                                          supra).
Motion to rerefer after reading of       Appropriation bill (VII, Sec.
 Journal.                                 2124) .
                                         Conference report (VII, Sec.
                                          2124).
                                         Private Calendar business (VII,
                                          Sec.  2128).
Oath of Members (question of privileges  Approval of Journal (I, Sec.
 of House).                               172).
                                         Calendar Wednesday business
                                          (VI, Sec.  22).
                                         Operation of previous question
                                          (Sec.  28.20, supra).
                                         Point of order of no quorum
                                          (VI, Sec.  21).
                                         Rules Committee report (Sec.
                                          28.21, supra).
                                         Suspension of rules (V, Sec.
                                          6826).
Question of personal privilege.........  Bill privileged under rules
                                          (VI, Sec.  557).
                                         Bill privileged under special
                                          order (III, Sec.  2524; VI,
                                          Sec.  555).
                                         Calendar Wednesday business
                                          (VII, Sec. Sec.  908-911; VI,
                                          Sec.  613).
                                         Consent Calendar business (VI,
                                          Sec.  553).
                                         Motion to discharge committee
                                          (VI, Sec.  553).
                                         Operation of previous question
                                          (VI, Sec.  561; VIII, Sec.
                                          2688).
                                         Rules Committee report (III,
                                          Sec.  2530).
                                         Senate amendment in
                                          disagreement (III, Sec.
                                          2531).
                                         Suspension of rules (VI, 553).
Question of privileges of House........  Appropriation bill (VIII, Sec.
                                          3461).
                                         Approval of Journal (II, Sec.
                                          1630; VI, Sec.  637).
                                         Bill privileged under special
                                          order (VI, Sec. Sec.  560,
                                          395).
                                         Calendar Wednesday business
                                          (VII, Sec.  911; VI, Sec.
                                          394; Sec. Sec.  4.4, 4.5,
                                          supra).
                                         Conference report (VI, Sec.
                                          Sec.  559, 403).
                                         Consent Calendar business (VI,
                                          Sec.  553).
                                         Disposition of message from
                                          President (V, Sec.  6640).
                                         District of Columbia business
                                          (Sec.  5.3, supra).

[[Page 4458]]


                                         Motion to discharge committee
                                          (VI, Sec.  553).
                                         Operation of previous question
                                          (III, Sec.  2532).
                                         Rules Committee report (III,
                                          Sec.  2530; VIII, Sec.  3491).
                                         Suspension of rules (VI, Sec.
                                          553).
Resolution of inquiry..................  Consent Calendar business (VI,
                                          Sec.  409).
Rules Committee report.................  Consent Calendar business (Sec.
                                           17.12, supra).
                                         District of Columbia business
                                          (Sec.  5.4, supra).
                                         Motion to discharge resolution
                                          of inquiry (Sec.  17.7,
                                          supra).
Suspension of rules....................  Contested election case (VII,
                                          Sec.  988).
                                         District of Columbia business
                                          (held equal with, Sec.  5.1,
                                          supra).
                                         Unfinished business from
                                          previous day with previous
                                          question ordered (V, Sec. Sec.
                                           6827, 6831-6833).
Unfinished business from previous day    Special order, business under
 with previous question ordered.          (V, Sec.  5520; VIII, Sec.
                                          2674).
                                         Veto message (disposition of,
                                          VIII, Sec.  2693).
Veto message...........................  Calendar Wednesday business
                                          (Sec.  4.6, supra; VII, Sec.
                                          912).
                                         Special order (Sec.  3.5,
                                          supra).


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