[Deschler's Precedents, Volume 7, Chapters 22 - 25]
[Chapter 22. Calendars]
[C. Private Calendar; Private Bills]
[Â§ 12. Objections; Disposition]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 4492-4499]
 
                               CHAPTER 22
 
                               Calendars
 
                   C. PRIVATE CALENDAR; PRIVATE BILLS
 
Sec. 12. Objections; Disposition

    When a bill is called on the Private Calendar two methods are 
available to prevent its consideration. The bill can be passed over or 
recommitted by unanimous consent,(14) or if two objections 
are heard the measure is automatically recommitted to the committee 
which reported it.(15) To this latter purpose the leadership 
of each party appoints official objectors in each Congress to screen 
measures on the calendar.(16)
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14. See Sec. Sec. 12.4-12.7, infra.
15. Rule XXIV clause 6, House Rules and Manual Sec. 893 (1981).
16. See Sec. Sec. 12.2, 12.3, infra.
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    The House has used the unanimous-consent request procedure to 
restore measures to the calendar or to rescind actions previously 
taken.(17)
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17. See Sec. Sec. 12.14-12.17, 
        infra.                          -------------------
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Objections Based on Seven-day Requirement

Sec. 12.1 In taking up the Private Calendar, the official objec

[[Page 4493]]

    tors may limit consideration to measures that have been on the 
    calendar for at least seven days before being called.

    On Mar. 2, 1965,(18) Mr. Edward P. Boland, of 
Massachusetts, announced the policy of the official objectors, both 
minority and majority, regarding the Private Calendar. Mr. Boland said:
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18. 111 Cong. Rec. 3914, 3915, 89th Cong. 1st Sess.
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         . . . [T]he members of the majority and minority Private 
    Calendar objectors committees have today agreed that during the 
    89th Congress they will consider only those bills which have been 
    on the Private Calendar for a period of 7 calendar days, excluding 
    the day the bills are reported and the day the Private Calendar is 
    called. . . .
        This policy will be strictly observed except during the closing 
    days of each session when House rules are suspended.(19)
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19. See also 115 Cong. Rec. 6656, 91st Cong. 1st Sess., Mar. 18, 1969; 
        and 103 Cong. Rec. 2249, 2250, 85th Cong. 1st Sess., Feb. 19, 
        1957.
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Appointment of Official Objectors

Sec. 12.2 Appointments of official objectors for the Private Calendar 
    were announced by the Majority and Minority Leaders.

    On Feb. 19, 1945,(20) Majority Leader John W. McCormack, 
of Massachusetts, announced the appointment for the Private Calendar of 
the objectors' committee on the Democratic side, consisting of three 
members.
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20. 91 Cong. Rec. 1255, 79th Cong. 1st Sess.
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    Minority Leader Joseph W. Martin, Jr., of Massachusetts, announced 
the establishment of two objectors' on the Republican side for the 
Private Calendar.

Replacement of Objector

Sec. 12.3 An objector on the Private Calendar having been appointed to 
    a subcommittee of the Committee on the Judiciary, a replacement was 
    designated by the Minority Leader.

    On Feb. 10, 1965,(1) Minority Leader Gerald R. Ford, of 
Michigan, made the following announcement:
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 1. 111 Cong. Rec. 2468, 89th Cong. 1st Sess.
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        Mr. Speaker, the gentleman from Michigan [Mr. Hutchinson] is a 
    member of the subcommittee of the Judiciary Committee which handles 
    private claims, and that seems to be incompatible with his service 
    on the Private Calendar objectors' committee.
        At his request he is being relieved of his assignment on the 
    Private Cal

[[Page 4494]]

    endar objectors' committee, and I have designated the gentleman 
    from California [Mr. Talcott] to take his place.

Passing Over Omnibus Bills

Sec. 12.4 An omnibus private bill is normally passed over by the Clerk 
    when the Private Calendar is called on the first Tuesday of the 
    month, but the House sometimes prescribes, by special order, that 
    such omnibus bills shall be passed over.

    On June 27, 1968,(2) Mr. Carl Albert, of Oklahoma, asked 
unanimous consent that the [omnibus private] bill H.R. 16187 be passed 
over and not considered on the calling of the Private Calendar on July 
2, 1968.
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 2. 114 Cong. Rec. 19106, 90th Cong. 2d Sess.
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    There was no objection.

Sec. 12.5 The House agreed by unanimous consent that, on the call of 
    the Private Calendar on the following day, an omnibus bill thereon 
    be passed over.

     On May 20, 1968,(3) Mr. Robert T. Ashmore, of South 
Carolina, asked unanimous consent that the omnibus bill (H.R. 16187) be 
passed over for consideration on the following day, the third Tuesday 
of the month.
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 3. 114 Cong. Rec. 13881, 90th Cong. 2d Sess.
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    There was no objection.(4)
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 4. For an identical procedure, see also 114 Cong. Rec. 20998, 90th 
        Cong. 2d Sess., July 12, 1968; and 114 Cong. Rec. 17064, 90th 
        Cong. 2d Sess., June 13, 1968.
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Passing Over Without Prejudice

Sec. 12.6 The House often grants unanimous-consent requests that bills 
    on the Private Calendar be passed over without prejudice.

    On Mar. 18, 1947,(5) during the call of the Private 
Calendar the House granted unanimous consent that numerous bills be 
passed over without prejudice.
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 5. 93 Cong. Rec. 2206-08, 80th Cong. 1st Sess.
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Recommittal by Unanimous Consent

Sec. 12.7 By unanimous consent, a bill was stricken from the Private 
    Calendar and recommitted to the Committee on the Judiciary.

    On Nov. 19, 1963,(6) Mr. Frank L. Chelf, of Kentucky, 
asked unanimous consent that the bill, H.R. 1277, be removed from the

[[Page 4495]]

 Private Calendar and recommitted to the Committee on the Judiciary.
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 6. 109 Cong. Rec. 22256, 88th Cong. 1st Sess.
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    There was no objection.(7)
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 7. See also 109 Cong. Rec. 24796, 88th Cong. 1st Sess., Dec. 17, 1963.
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Reservation of Objection

Sec. 12.8 The rule providing for the call of the Private Calendar 
    prohibits the Speaker from entertaining a reservation of objection, 
    either to the consideration of a bill thereon or to a unanimous-
    consent request that the bill be passed over without prejudice.

     On Nov. 4, 1969,(8) the Clerk called House Resolution 
533, to refer a bill (H.R. 3722) for the relief of John S. Attinello to 
the Court of Claims.
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 8. 115 Cong. Rec. 32889, 91st Cong. 1st Sess.
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    Mr. Clarence J. Brown, of Ohio, asked unanimous consent that this 
resolution be passed over without prejudice. Mr. William L. Hungate, of 
Missouri, reserved the right to object, but the Chair ruled that he 
could not do so. The following exchange ensued:

        Mr. Hungate: Mr. Speaker, may I be heard on a point of order?
        Mr. Speaker, I would raise the point of order that a 
    reservation of objection to the unanimous-consent request would 
    lie. This is not a reservation of objection to the bill. This is a 
    reservation of objection to the unanimous-consent request to pass 
    the bill over.
        The Speaker: (9) The Chair calls the attention of 
    the gentleman from Missouri to the rules of the House, clause 6, 
    rule XXIV, which can be found on the inside page of the Private 
    Calendar for today, in connection with the call of the Private 
    Calendar that:
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 9. John W. McCormack (Mass.).
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            No reservation of objection shall be entertained by the 
        Speaker.

        Mr. Hungate: Mr. Speaker, may I be heard on that paragraph?
        The Speaker: The gentleman from Ohio has asked that the 
    resolution be passed over without prejudice and in accordance with 
    the specific rule applying to the Private Calendar, no reservation 
    of objection shall be entertained by the Speaker.(10)
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10. The rule cited by Speaker McCormack was as follows: ``. . . Should 
        objection be made by two or more Members to the consideration 
        of any bill or resolution other than an omnibus bill, it shall 
        be recommitted to the committee which reported the bill or 
        resolution and no reservation of objection shall be entertained 
        by the Speaker. . . .'' Rule XXIV clause 6, House Rules and 
        Manual Sec. 893 (1981).
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Sec. 12.9 Reservations of objections are not in order during the call 
    of the Private Calendar.

    On Apr. 21, 1964,(11) the Clerk called on the Private 
Calendar the

[[Page 4496]]

bill (H.R. 2706) for the relief of Dr. and Mrs. Abel Gorfain. Mr. H. R. 
Gross, of Iowa, asked unanimous consent that this bill be passed over 
without prejudice. Mr. Carl Albert, of Oklahoma, reserved the right to 
object in order to propound a unanimous-consent request with reference 
to the calling of the Private Calendar.
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11. 110 Cong. Rec. 8524, 88th Cong. 2d Sess.
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    The Speaker (12) responded, ``The Chair will state that 
the gentleman cannot reserve the right to object on the Private 
Calendar.''
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12. John W. McCormack (Mass.).
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Recognition for Statement

Sec. 12.10 In the consideration of the Private Calendar, the Chair does 
    not recognize Members for requests to make statements.

    On May 5, 1936,(13) the Clerk called on the Private 
Calendar the bill (H.R. 9002) for the relief of Captain James W. Darr. 
Two Members objected to the consideration of the bill and it was 
recommitted to the Committee on Military Affairs. Mr. Theodore 
Christianson, of Minnesota, then interjected:
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13. 80 Cong. Rec. 6691, 74th Cong. 2d Sess.
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        Mr. Christianson: Mr. Speaker, will not the gentlemen withhold 
    their objection for a moment? Mr. Speaker, I ask unanimous consent 
    to make a statement regarding this bill.
        The Speaker: (14) The Chair cannot recognize the 
    gentleman for that purpose under the express provisions of the 
    rule. Otherwise the Chair would be glad to hear the gentleman.
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14. Joseph W. Byrns (Tenn.).
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Restoring Passed-over Bill to Calendar

Sec. 12.11 The Speaker has declined to recognize a Member to request 
    unanimous consent to make an omnibus private bill eligible for 
    consideration when the House had previously agreed by unanimous 
    consent that it should be passed over.

    On July 15, 1968,(15) Mr. William L. Hungate, of 
Missouri, asked unanimous consent that the omnibus private bill H.R. 
16187, be placed on the Private Calendar for July 16. The bill had been 
passed over three times by unanimous consent. The Speaker 
(16) ruled that such a request could not be entertained at 
that time.
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15. 114 Cong. Rec. 21326, 90th Cong. 2d Sess.
16. John W. McCormack (Mass.).
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Restoration of Stricken Bill

Sec. 12.12 The Speaker has declined to recognize Members for unanimous-
    consent re

[[Page 4497]]

    quests that bills stricken from the Private Calendar be restored 
    thereto until they have consulted with the official objectors.

    On Apr. 19, 1948,(17) Mr. Thomas J. Lane, of 
Massachusetts, asked unanimous consent that the bill H.R. 403, be 
restored to the Private Calendar:
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17. 94 Cong. Rec. 4573, 80th Cong. 2d Sess.
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        The Speaker: (18) Has the gentleman consulted the 
    objectors?
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18. Joseph W. Martin, Jr. (Mass.).
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        Mr. Lane: No; I have not.
        The Speaker: The Chair cannot entertain the gentleman's request 
    until he has done so.

Sec. 12.13 A private bill objected to and stricken from the Private 
    Calendar has been restored to such calendar by unanimous consent.

    On Jan. 18, 1944,(19) Mr. Noah M. Mason, of Illinois, 
asked unanimous consent that the bill (H.R. 2456) for the relief of 
Moses Tennenbaum be reinstated on the Private Calendar.
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19. 90 Cong. Rec. 331, 78th Cong. 2d Sess.
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    There was no objection.

Restoring Recommitted Bill

Sec. 12.14 A private bill objected to and recommitted has been restored 
    to the Private Calendar by unanimous consent.

    On June 15, 1944,(1) Mr. John Jennings, Jr., of 
Tennessee, asked unanimous consent that a recommitted bill (H.R. 2354) 
for the relief of Mrs. Phoebe Sherman be restored to the Private 
Calendar.
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 1. 90 Cong. Rec. 5972, 78th Cong. 2d Sess.
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    There was no objection.

Sec. 12.15 A bill which has been objected to by two Members, stricken 
    from the Private Calendar and recommitted to the Committee on the 
    Judiciary, was by unanimous consent restored to the Private 
    Calendar.

    On July 18, 1962,(2) Mr. John B. Anderson, of Illinois, 
asked unanimous consent that, notwithstanding the action taken by the 
House on a bill on the previous day [the bill had been objected to and 
recommitted to the Committee on the Judiciary], the bill (S. 2147) be 
restored to the Private Calendar.
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 2. 108 Cong. Rec. 13997, 87th Cong. 2d Sess.
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    There was no objection.(3)
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 3. For a similar action see 108 Cong. Rec. 87th Cong. 2d Sess., Aug. 
        7, 1962.

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[[Page 4498]]

Rescinding Reference to Court of Claims

Sec. 12.16 By resolution, the House has rescinded a previously adopted 
    resolution whereby a private bill had been referred to the Court of 
    Claims for a report, and the Court of Claims was directed to return 
    the bill.

    On Apr. 30, 1957,(4) Mr. Thomas J. Lane, of 
Massachusetts, offered a resolution (H. Res. 241) and asked unanimous 
consent for its immediate consideration:
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 4. 103 Cong. Rec. 6159, 85th Cong. 1st Sess.
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        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 resolution was agreed to.

Rescinding Passage of Private Bill

Sec. 12.17 Both Houses adopted a concurrent resolution rescinding the 
    action of each in connection with the passage of a private bill and 
    providing that the said bill be postponed indefinitely.

    On Feb. 7, 1952,(5) Mr. Francis E. Walter, of 
Pennsylvania, asked unanimous consent for the immediate consideration 
of Senate Concurrent Resolution 50, rescinding the action on and 
indefinitely postponing Senate bill 1236 for the relief of Kim Song 
Nore:
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 5. 98 Cong. Rec. 934, 82d Cong. 2d Sess.
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        Resolved by the Senate (the House of Representatives 
    concurring), That the action of the two Houses in connection with 
    the passage of the bill (S. 1236) for the relief of Kim Song Nore 
    be rescinded, and that the said bill be postponed indefinitely.

    There was no objection to the unanimous-consent request, and the 
Senate concurrent resolution was agreed to.(6)
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 6. This action was necessary because the individual named in the bill 
        died. .
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Transferring Private Bill to Union Calendar

Sec. 12.18 The Chair refused to submit to the House a unanimous-consent 
    request that a private bill be transferred to the Union Calendar.

    On July 31, 1939,(7) Mr. Walter G. Andrews, of New York, 
asked

[[Page 4499]]

unanimous consent that the bill (H.R. 4723) reported from the Committee 
on Military Affairs to correct the military record of Oberlin M. Carter 
be transferred from the Private to the Union Calendar. The Speaker 
(8) stated that such transfer would be contrary to the 
precedents and refused to recognize Mr. Andrews for that purpose.
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 7. 84 Cong. Rec. 10563, 76th Cong. 1st Sess.
 8. William B. Bankhead (Ala.).
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