[Deschler's Precedents, Volume 7, Chapters 22 - 25]
[Chapter 23. Motions]
[G. Unanimous-consent Requests]
[Â§ 48. Limitations on Requests]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 4765-4772]
 
                               CHAPTER 23
 
                                Motions
 
                        F. MOTIONS TO RECONSIDER
 
Sec. 48. Limitations on Requests

Multiple Requests

Sec. 48.1 During the pendency of a unanimous-consent request, the 
    Speaker may refuse to entertain a second unanimous-consent request.

    On Oct. 14, 1972,(3) during the pendency of a unanimous-
consent request sought by Mr. Hale Boggs, of Louisiana, Mr. Wilbur D. 
Mills, of Arkansas, rose to his feet:
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 3. 118 Cong. Rec. 36501, 92d Cong. 2d Sess.
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        Mr. Mills of Arkansas: . . . Mr. Speaker, would the gentleman 
    from Louisiana yield for a unanimous-consent request?
        Mr. Boggs: Certainly.
        Mr. [Durward G.] Hall [of Missouri]: Mr. Speaker, there is a 
    unanimous-consent request before the House.
        The Speaker:(4) There is a unanimous-consent request 
    pending from the gentleman from Louisiana.
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 4. Carl Albert (Okla.).

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[[Page 4766]]

Requests Relating to Committee Meetings

Sec. 48.2 The Speaker has declined to recognize a Member for a 
    unanimous-consent request that a committee be allowed to sit at the 
    same time the House is considering a measure under the five-minute 
    rule.

    On July 1, 1947,(5) the following occurred on the floor 
of the House:
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 5. 93 Cong. Rec. 8054, 80th Cong. 1st Sess.
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        Mr. [Samuel K.] McConnell [Jr., of Pennsylvania]: Mr. Speaker, 
    I ask unanimous consent that a subcommittee of the Committee on 
    Education and Labor holding hearings on minimum wages be allowed to 
    sit tomorrow during the session of the House.
        The Speaker:(6) The Chair cannot recognize the 
    gentleman for that purpose. Tomorrow the House will be reading the 
    civil functions appropriation bill for amendment, and committees 
    cannot sit during sessions of the House while bills are being read 
    for amendment; only during general debate.
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 6. Joseph W. Martin, Jr. (Mass.).
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        Mr. McConnell: We have a full schedule that we want to get 
    through.
        The Speaker: That is the policy that has been adopted. The 
    minority leader has stated that he would object to any requests of 
    that character.

Requests to Proceed for One Minute

Sec. 48.3 The Minority Leader having been recognized to proceed for one 
    minute and in that time having asked unanimous consent for 
    consideration of a bill, the Speaker held that he had not been 
    recognized for that purpose.

    On Jan. 26, 1944,(7) the following took place on the 
floor of the House:
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 7. 90 Cong. Rec. 746, 747, 78th Cong. 2d Sess.
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        Mr. Martin of Massachusetts and Mr. May rose.
        The Speaker:(8) For what purpose does the gentleman 
    from Massachusetts rise?
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 8. Sam Rayburn (Tex.).
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        Mr. [Joseph W.] Martin [Jr.] of Massachusetts: Mr. Speaker, I 
    ask unanimous consent to proceed for 1 minute.
        The Speaker: The Chair will not recognize any other Member at 
    this time for that purpose but will recognize the gentleman from 
    Massachusetts.
        Mr. Martin of Massachusetts: Mr. Speaker, I appreciate the 
    generosity of the Chair.
        I take this minute, Mr. Speaker, because I want to make a 
    unanimous-consent request and I think it should be explained.
        I agree with the President that there is immediate need for 
    action on the

[[Page 4767]]

    soldiers' vote bill. A good many of us have been hoping we could 
    have action for the last month. To show our sincerity in having 
    action not next week but right now, I ask unanimous consent that 
    the House immediately take up the bill which is on the Union 
    Calendar known as S. 1285, the soldiers' voting bill.
        The Speaker: The gentleman from Massachusetts was not 
    recognized for that purpose.
        The Chair recognizes the gentleman from Kentucky.

Production of Committee Documents

Sec. 48.4 The Speaker declined to entertain a unanimous-consent request 
    that the clerk of the Committee on House Administration be directed 
    to bring to the well of the House certain documents in the custody 
    of that committee.

    On June 3, 1960,(9) Mr. John James Flynt, Jr., of 
Georgia, made the following request:
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 9. 106 Cong. Rec. 11820, 11821, 86th Cong. 2d Sess.
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        Mr. Flynt: Mr. Speaker, I ask unanimous consent that the Chair 
    Direct the clerk of the Committee on House Administration to bring 
    to the well of the House, following the legislative business of the 
    day, that portion of the records and documents in the custody of 
    that committee, which refer to and contain the entries on the 
    records of the Royal Hawaiian Hotel in Honolulu, Hawaii, for the 
    purpose of permitting me to refer specifically to any such items 
    contained therein which are at complete variance with published 
    reports in the Wednesday issue of the Washington Post and Times 
    Herald, and in the issue of Life magazine dated June 6, 1960, which 
    is next Monday, but which appeared on the newsstands in the city of 
    Washington and other parts of the country on Wednesday, June 1.
        The Speaker: (10) The Chair will say to the 
    gentleman that it has never been the policy of the House to order 
    any documents in the custody of a committee of the House to be 
    brought into the House, unless the committee by its action has 
    approved such a request. The gentleman certainly may examine those 
    items between now and the time he makes his remarks on that 
    subject. But the Chair has never known of a case where a clerk of 
    any committee has been ordered to bring documents to the floor of 
    the House without the prior approval of the committee in whose 
    hands they are at that time.
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10.  Sam Rayburn (Tex.).
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Requests to Rerefer

Sec. 48.5 The Speaker has declined to recognize a chairman of a 
    committee for a unanimous-consent request to rerefer a bill until 
    the chairman of the other committee was consulted.

    On Mar. 25, 1948,(11) the following took place:
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11. 94 Cong. Rec. 3573, 80th Cong. 2d Sess.

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[[Page 4768]]

        Mrs. [Edith Nourse] Rogers of Massachusetts: Mr. Speaker, I ask 
    unanimous consent that the Committee on Veterans' Affairs be 
    discharged from further consideration of the bill H.R. 5515 for the 
    relief of Mr. and Mrs. Albert Chandler and that the same be re-
    referred to the Committee on the Judiciary.
        The Speaker: (12) Has the gentlewoman conferred with 
    the chairman of the Committee on the Judiciary?
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12. Joseph W. Martin, Jr. (Mass.).
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        Mrs. Rogers of Massachusetts: I have not, Mr. Speaker.
        The Speaker: It is customary to consult with the chairman of 
    the committee to whom the bill is to be referred. No harm will come 
    if this matter is delayed until Monday.
        Mrs. Rogers of Massachusetts: I withdraw the request, Mr. 
    Speaker.

Requests Affecting the Schedule of Legislative Business

Sec. 48.6 The Speaker declined to recognize a Member for a unanimous-
    consent request to take a bill from the Speaker's table and concur 
    in the Senate amendments thereto, where such a request was made in 
    the absence of the chairman of the committee involved and where 
    Members had been informed there would be no further legislative 
    business for that day.

    On July 31, 1969,(13) the Speaker, John W. McCormack, of 
Massachusetts, recognized Mr. Hale Boggs, of Louisiana:
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13. 115 Cong. Rec. 21691, 91st Cong. 1st Sess.
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        Mr. Boggs: Mr. Speaker, I ask unanimous consent to take from 
    the Speaker's desk the bill (H.R. 9951), to provide for the 
    collection of the Federal unemployment tax in quarterly 
    installments during each taxable year; to make status of employer 
    depend on employment during preceding as well as current taxable 
    year; to exclude from the computation of the excess the balance in 
    the employment security administration account as of the close of 
    fiscal years 1970 through 1972; to raise the limitation on the 
    amount authorized to be made available for expenditure out of the 
    employment security administration account by the amounts so 
    excluded; and for other purposes, with Senate amendments thereto, 
    and concur in the Senate amendments.
        The Speaker: The Chair will state that at this time the Chair 
    does not recognize the gentleman from Louisiana for that purpose.
        The chairman of the Committee on Ways and Means is at present 
    appearing before the Committee on Rules seeking a rule and Members 
    have been told that there would be no further business tonight.

Sec. 48.7 The Speaker declined recognition for a unanimous-consent 
    request to call up a House resolution after it had been announced 
    that there would be no further legislative business for that day.

    On Feb. 7, 1969,(14) Mr. H. R. Gross, of Iowa, rose with 
a parliamentary inquiry:
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14. 115 Cong. Rec. 3268, 91st Cong. 1st Sess.

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[[Page 4769]]

        Mr. Gross: Mr. Speaker, since several House resolutions have 
    been passed today by unanimous consent, my question to the 
    distinguished Speaker is whether it would be in order at this time 
    to call up House Resolution 133 disapproving the pay increase for 
    certain officials and employees of the Federal Government?
        The Speaker: (15) The Chair will state to the 
    gentleman from Iowa that it has already been announced that there 
    would be no legislative business today. Under those circumstances, 
    and without determining the merits of the resolution, the Chair 
    could recognize the gentleman. Yet the Chair in its discretion will 
    not recognize the gentleman for that purpose.
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15. John W. McCormack (Mass.).
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Requests Relating to Private Bills

Sec. 48.8 The Chair may refuse to recognize a Member for a unanimous-
    consent request to address the House on a private bill being 
    considered on the Private Calendar.

    On May 7, 1935,(16) the Clerk was calling up bills on 
the Private Calendar:
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16. 79 Cong. Rec. 7100, 74th Cong. 1st Sess.
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        The Clerk called the next bill, S. 41, for the relief of the 
    Germania Catering Co., Inc.
        The Speaker Pro Tempore: (17) Is there objection to 
    the present consideration of the bill?
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17. John J. O'Connor (N.Y.).
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        Mr. [Charles V.] Truax [of Ohio]: Mr. Speaker, I ask unanimous 
    consent to proceed for 5 minutes.
        The Speaker Pro Tempore: The Chair will not recognize the 
    gentleman for that purpose.

Sec. 48.9 The Speaker declined to recognize a Member for a unanimous-
    consent request relating to a bill stricken from the Private 
    Calendar until such time as the Member had consulted with the 
    official objectors.

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

Requests Relating to Consent Calendar

Sec. 48.10 On Consent Calendar days only eligible bills on the calendar 
    are called, and the Speaker may in his discretion decline to 
    recognize unanimous-consent requests

[[Page 4770]]

    for consideration of bills which have not been on such calendar for 
    three legislative days.

    On May 6, 1946,(19) Mr. Overton Brooks, of Louisiana, 
made the following request:
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19. 92 Cong. Rec. 4527, 79th Cong. 2d Sess.
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        Mr. Brooks: Mr. Speaker, would it be in order to ask unanimous 
    consent for the immediate consideration of the bill H.R. 2325, 
    which is No. 419 on the Consent Calendar that was called today?
        The Speaker: (20) The Chair announced some time ago 
    that since those known as the objectors had examined only the 
    eligible bills on the Consent Calendar the Chair would not 
    recognize Members to take up the remaining bills, unless they 
    involved emergencies.
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20. Sam Rayburn (Tex.).
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Revocation of Special Order

Sec. 48.11 The Speaker pro tempore declined to recognize a Member to 
    ask unanimous consent for the revocation of a special order, 
    previously agreed to, permitting the consideration of conference 
    reports on the same day reported.

    On Sept. 25, 1961,(1) Mr. H. R. Gross, of Iowa, sought 
recognition for a unanimous-consent request:
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 1. 107 Cong. Rec. 21183, 21184, 87th Cong. 1st Sess.
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        Mr. Gross: Mr. Speaker, I have a unanimous-consent request to 
    make concerning the procedure of the House. I ask unanimous consent 
    that the action by which clause 2 of Rule XXVIII was suspended a 
    week ago last Saturday be revoked, and that clause 2, Rule XXVIII 
    of the Rules of the House of Representatives be restored. . . .
        The Speaker Pro Tempore: (2) Under the circumstances 
    the Chair declines to recognize the gentleman from Iowa to submit 
    the request.
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 2. John W. McCormack (Mass.).
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Requests to Address the House

Sec. 48.12 The Chair may refuse to recognize Members for unanimous-
    consent requests to address the House on future days prior to the 
    completion of legislative business on the current day.

    On June 14, 1935,(3) Mr. Kent E. Keller, of Illinois, 
made the following request:
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 3. 79 Cong. Rec. 9330, 74th Cong. 1st Sess.
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        Mr. Keller: Mr. Speaker, I ask unanimous consent that on next 
    Monday after the reading of the Journal and the completion of 
    business on the Speaker's desk I may address the House for 15 
    minutes to answer an attack upon an amendment I proposed to the 
    Constitution made in the Washington Times of June 12 by Mr. James 
    P. Williams, Jr.
        The Speaker: (4) Under the custom that prevails and 
    the action of the
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 4. Joseph W. Byrns (Tenn.).
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[[Page 4771]]

    Chair, heretofore, the Chair cannot recognize the gentleman today 
    to make a speech on Monday. The Chair hopes the gentleman will 
    defer his request.(5)
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 5. See also 79 Cong. Rec. 3171, 3172, 74th Cong. 1st Sess., Mar. 7, 
        1935.
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Requests Made After Previous Question Ordered

Sec. 48.13 When the Chairman of the Committee of the Whole reports a 
    bill back to the House pursuant to a resolution providing that the 
    previous question shall be considered as ordered, further debate or 
    amendments in the House are thereby precluded; and the Speaker may 
    decline to entertain unanimous-consent requests that further 
    amendments be in order.

    On Aug. 31, 1960,(6) the Committee of the Whole House on 
the state of the Union having considered the bill S. 2917, to establish 
a price-support level for milk and butterfat, reported the bill back to 
the House.
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 6. 104 Cong. Rec. 18748, 86th Cong. 2d Sess.
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        The Speaker: (7) Under the rule the previous 
    question is ordered.
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 7. Sam Rayburn (Tex.).
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        The question is on the third reading of the Senate bill.
        The bill was read a third time.
        Mr. [H. Carl] Andersen of Minnesota: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Andersen of Minnesota: Would it be possible by unanimous 
    consent to return to the amendment stage?
        The Speaker: It would not. The previous question has already 
    been ordered. All amendments and all debate are exhausted.

Sec. 48.14 A yea and nay vote having been ordered the Chair may decline 
    to entertain unanimous-consent requests.

    On May 3, 1940,(8) the House had just ordered the 
previous question on H.R. 5435, an amendment to the Fair Labor 
Standards Act of 1938.
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 8. 86 Cong. Rec. 5499, 76th Cong. 3d Sess.
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        The Speaker Pro Tempore: (9) . . . The question is 
    on agreeing to the amendment.
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 9. Sam Rayburn (Tex.).
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        Mrs. [Mary T.] Norton [of New Jersey]: Mr. Speaker, on that I 
    demand the yeas and nays.
        The yeas and nays were ordered. . . .
        Mr. [Francis H.] Case of South Dakota: Mr. Speaker----
        The Speaker Pro Tempore: For what purpose does the gentleman 
    rise?
        Mr. Case of South Dakota: To prefer a unanimous-consent 
    request.
        The Speaker Pro Tempore: The yeas and nays have been ordered. 
    The

[[Page 4772]]

    Chair will not entertain a unanimous-consent request at this time.

Requests for the Correction of Section Numbers

Sec. 48.15 A unanimous-consent request that the Clerk of the House, in 
    the engrossment of the bill, be instructed to correct section 
    numbers is not in order in the Committee of the Whole, since such 
    permission must be obtained in the House.

    On Oct. 3, 1962,(10) the Committee of the Whole was 
considering H.R. 13273, the rivers and harbors authorization bill of 
1962, when a question arose as to the accuracy of the bill's section 
numbers:
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10. 108 Cong. Rec. 21884, 87th Cong. 2d Sess.
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        Mr. [James C.] Wright [of Texas]: Mr. Chairman, so as to avoid 
    any possible confusion in the numbering of these sections, I ask 
    unanimous consent that the Clerk of the House be instructed so to 
    number these sections serially that they are all in proper 
    sequence.
        The Chairman: (11) The gentleman's request will have 
    to be made in the House.
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11. Frances E. Walter (Pa.).
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Requests to Include Extraneous Matter in Remarks

Sec. 48.16 The House and not the Committee of the Whole has control 
    over the Congressional Record and requests of Members to include in 
    their remarks extraneous matters should be submitted in the House 
    and not the Committee of the Whole.

    On Apr. 14, 1937,(12) the Committee of the Whole was 
considering H.R. 1668, to amend the Interstate Commerce Act.
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12. 81 Cong. Rec. 3463, 75th Cong. 1st Sess.
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        Mr. [Walter M.] Pierce [of Oregon]: Mr. Chairman, I ask 
    unanimous consent that I may have the privilege of revising and 
    extending my remarks and including therein such letters and 
    telegrams as I have here denying or repudiating their appearance as 
    proponents of the Pettengill bill.
        The Chairman: (13) The Chair will remind the 
    gentleman from Oregon that the request to extend his own remarks to 
    include extraneous matter must be submitted in the House and not in 
    Committee of the Whole.
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13. J. Mark Wilcox (Fla.).