    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 105th Congress]
    [105th Congress]
    [House Document 104-272]
    [Rules of the House of Representatives]
    [Pages 742-753]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                                   Rule XXVII.

                         change or suspension of rules.

    [[Page 743]]

    the rules except on Mondays and Tuesdays, and during the last six days of a
    session.

    Sec. 902. Motions to suspend the rules.

      1. No rule  shall be
    suspended except by a vote of two-thirds of the Members voting, a quorum
    being present; nor shall the Speaker entertain a motion to suspend

      This rule has been built up gradually on an old rule of 1794, which
    provided that no rule should be rescinded without one day's notice. In
    1822 a clause was added that no rule should be suspended except by a
    two-thirds vote; and in 1828 it was provided that the ``order of
    business, as established by the rules,'' should not be changed except by
    a two-thirds vote. This rule marks the great purpose of the motion,
    which was to give a means of getting consideration for bills which could
    not get forward under the rule for the order of business. Originally in
    order on any day, the motion was, in 1847, restricted to Mondays of each
    week, and, in 1880, to the first and third Mondays of each month. In
    1874 the old limit of 10 days at the end of the session was reduced to
    six days. In the 93d Congress, the rule was amended to permit the
    Speaker to recognize for such motions on the first and third Mondays and
    on the Tuesdays immediately following those days and to eliminate the
    distinction between days on which committees and individuals has
    preference (H. Res. 6, Jan. 3, 1973, pp. 26, 27); and in the 95th
    Congress, the rule was amended to permit the Speaker to recognize for
    such motions on every Monday and Tuesday (H. Res. 5, Jan. 4, 1977, 95th
    Cong., pp. 53-70). Originally of great use in establishing the order of
    business, when the older and more defective rules for the order of
    business existed, the use of the motion has changed since the House in
    1890 adopted rules for the order of business which enables the House on
    any day to go to any public bills on its calendars. Also about the same
    time the perfection of the process of getting bills before the House out
    of order by a majority vote through a report from the Committee on Rules
    still further diminished the importance of the motion to suspend the
    rules (V, 6790).

    [[Page 744]]

    vote (V, 5278-5284). While it has been
    held that the right of a Member to have read the paper on which he is
    called to vote is not changed by the fact that the procedure is by
    suspension of the rules (V, 5277; VIII, 3400), the precedents are not
    uniform in this regard, and in earlier instances the separate motion to
    suspend the rules and dispense with reading of pendings bills,
    amendments and Senate amendments was held in order (V, 5278-84). Under
    the modern practice, only the motion ``to suspend the rules and pass''
    is itself read and is held to suspend all rules inconsistent with its
    purposes, including a rule requiring that a recess be taken (V, 5752),
    or that a quorum be present when a bill is reported from committee
    (Sept. 22, 1992, p. ----). Thus only the title of the bill is normally
    read by the Clerk, and amendments included in the motion are not
    reported separately, but the Chair may, in his discretion, where
    objection is made to that procedure, require the reading of an amendment
    which is not printed or otherwise available (July 17, 1950, pp. 10448-
    49). Where a motion to suspend the rules and agree to a resolution which
    provided for concurring in a Senate amendment with an amendment
    consisting of the text of a bill introduced in the House, the Speaker
    ruled that reading of the resolution itself was sufficient and that it
    could be re-read to the House only by unanimous consent (Dec. 21, 1973,
    pp. 43251-63). It may be used also to change a rule (V, 6862), or to
    make a new rule, as was more frequently done in the earlier years of the
    House when it was the only way for making a special order except by
    unanimous consent (IV, 3152-3162). In the later practice special orders
    may still be made by motion to suspend the rules (IV, 3154); but usually
    they are made by majority vote of the House on a report from the
    Committee on Rules (IV, 3169). The motion to suspend may include a
    series of actions, as the discharge of a committee from consideration of
    a bill and the passage of it (V, 6850), the reconsideration of the vote
    passing a bill, amendment of it, and passage again (V, 6849), the
    permission to a committee to report several bills (V, 6857), an order to
    the Clerk to incorporate in the engrossment of a general appropriation
    bill a provision not otherwise in order (IV, 3845), an authorization to
    the House to entertain a specified motion to suspend the rules on a
    future day, not a suspension day (IV, 3845), a motion to take a bill (V,
    6288; VIII, 3425), or a motion to reconsider, from the table (V, 5640).
    A motion to suspend the rules may provide for the passage of a bill
    regardless of whether it has been reported or referred to any calendar
    or even previously introduced (VIII, 3421, July 16, 1996, p. ----), may
    include an amendment without the formality of committee approval (June
    22, 1992, p.  ----), and may provide for agreeing to a conference report
    which has been ruled out of order by the Speaker (Dec. 20, 1974, p.
    41860). One motion to suspend the rules having been rejected, the
    Speaker may recognize for a similar motion (Dec. 21, 1973, pp. 43270-
    81).

    [[Page 745]]

    Sec. 903. Nature of the motion to suspend the
    rules.

      While originally  the motion was used to suspend the rule on the order of
    business in order to consider a particular bill (V, 6852, 6853), in the
    later practice it is more usual to move ``to suspend the rules and
    pass'' the bill (V, 6846, 6847), and a division of the question may not
    be demanded, either as to the two branches of the motion or as to
    distinct substantive propositions in the subject of the motion (V, 6141-
    6143). The motion may not be amended (V, 5322, 5405, 6858; Dec. 21,
    1973, pp. 43251-63; June 4, 1985, pp. 13983, 13986, 13989), postponed
    (V, 5322), or laid on the table (V, 5405). The motion to reconsider may
    not be applied to a negative vote on the motion (V, 5645, 5646; VIII,
    2781; Sept. 28, 1996, p. ----), although it may be applied to an
    affirmative vote (Sept. 28, 1996, p. ----). The motion to refer may not
    be applied to the bill which it is proposed to pass under suspension of
    the rules (V, 6860). The motion to suspend the rules applied to the
    parliamentary law of Jefferson's Manual as well as to the other rules of
    the House (V, 6796), and may even be used to deny the right to have read
    a paper on which the House is to

    [[Page 746]]

    or prohibiting the introduction of persons in
    the galleries (Sec. 764; VI, 197). Where a special rule requires that
    the object of a motion to suspend the rules be announced on the floor at
    least one hour prior to the Chair's entertaining the motion, unanimous
    consent is required to permit the Chair to entertain the motion prior to
    that time (Sept. 28, 1996, p. ----).

    Sec. 904. Precedence of the motion to suspend the
    rules.

      In the  early practice, when the motion to suspend the rules was used
    to enable a matter to be taken up for consideration out of order, it was
    not admitted when a subject was already before the House (V, 5278, 6836,
    6837, 6852, 6853). A bill taken up under this early practice might be
    amended (V, 6842, 6856) by the House, or withdrawn by the mover, in
    which case another Member might not present it (V, 6854, 6855). In the
    later practice, where the motion includes both suspension of the rules
    and action on the subject it is admitted, although another matter be
    pending (V, 6834), although the yeas and nays may have been demanded on
    another highly privileged motion (V, 6835), or although the previous
    question may have been ordered or moved on another matter (V, 6827; see
    also Sept. 17, 1990, p. 24695; V, 6831-6833; VIII, 3418). Earlier
    rulings, however, did not, while a series of Senate amendments were
    pending, permit a motion to suspend the rules in order to permit a vote
    to be taken on the amendments in gross (V, 6828, 6830). But in the
    earlier practice, also, while a matter was pending a motion to suspend
    the rules in order to dispense with the reading otherwise required was
    admitted (V, 5278). The motion to suspend the rules has been ruled out
    of order when the House is considering a bill under a special order (V,
    6838); and when a question of high privilege under rule IX is before the
    House a motion to suspend the rules and consider another matter is not
    in order (V, 6825, 6826; VI, 553, 565). But the motion to suspend the
    rules has been held of equal privilege with the motion to instruct
    conferees after 20 days of conference, which under clause 1(c) of rule
    XXVIII is ``of the highest privilege'' (Mar. 1, 1988, pp. 2749, 2751,
    2754). A motion to suspend the rules and approve the Journal was held in
    order, although the Journal had not been read and the then highly
    privileged motion to fix the day to which the House should adjourn was
    pending (IV, 2758). While the motion is of high privilege, it may be
    superseded by a question of the privilege of the House (III, 2553; VI,
    565). Pursuant to clause 8 of rule XVI the Speaker may entertain one
    motion to adjourn pending a motion to suspend the rules, but after that
    vote shall not entertain any other motion until the vote is taken on the
    motion to suspend the rules. Moreover, in the absence of a motion to
    suspend, the ordinary motions relating to business of the House may be
    made on suspension days as on other days (IV, 3080). The motion to
    suspend the rules may be made on days other than suspension days by
    unanimous consent (V, 6795) or by adoption of a resolution reported by
    the Rules Committee. On ``suspension days'' the motion to suspend the
    rules has been admitted at the discretion of the Speaker since 1881 (V,
    6791-6794, 6845; VIII, 3402-3404), and no appeal may be taken from the
    Speaker's denial of recognition (II, 1425), and no advance notice to
    Members of bills to be called up under suspension of the rules is
    required (Mar. 20, 1978, pp. 7535-36), but the rules forbid the Speaker
    to entertain a motion to suspend the rules relating to the privilege of
    the floor (Sec. 919; V, 7283; VIII, 3634), the use of the Hall of the
    House (Sec. 918; V, 7270)

    Sec. 905. Individual and committee motions to suspend
    the rules.

      Prior to  the 93d Congress, the rule gave to individuals preference
    on the first Monday of the month for making motions to suspend the
    rules, and preference on the third Mondays for committees to make the
    motion (V, 6790). In rare instances the Speaker has called the
    committees in regular order for motions to suspend the rules, but this
    method is not required (V, 6810, 6811). In the earlier practice the
    committee motion must have been formally and specifically authorized by
    the committee (V, 6805-6807); but after the motion was seconded and
    debate had begun it was too late to raise a question as to the
    authorization (V, 6808). Under the later practice authorization by a
    committee is not required (VIII, 3410). The committee may not present a
    bill which has not been referred to it (V, 6813) and is not within its
    jurisdiction (V, 6848). A bill offered on a committee suspension day, in
    the early practice, could carry with it only such amendments as were
    authorized by a committee (V, 6812), but in the modern practice the
    formality of committee approval is not required (June 22, 1992, p. ----
    ). If on a committee day an individual motion was made and seconded, it
    was then too late to make a point of order (V, 6809).

    [[Page 747]]

    21, 1973, pp. 43251-63). Where the Chair
    allocates the time in opposition to the motion to the ranking minority
    member of the reporting committee, a challenge that that member does not
    qualify by being opposed, in order to control such time, must be made
    when the time is allocated by the Chair (May 15, 1984, p. 12215; Speaker
    Wright, June 2, 1987, p. 14223). The motion to suspend the rules may be
    withdrawn at any time before the Chair puts the question and a voice
    vote is taken thereon (July 27, 1981, p. 17563; July 16, 1996, p. ----).

    Sec. 906. The second of the motion to suspend the
    rules.

      Prior to  the 102d Congress, certain motions to suspend the rules were
    required to be seconded, if demanded, by a majority by tellers, but this
    requirement was eliminated from the rule in the 102d Congress (H. Res.
    5, Jan. 3, 1991, p. 39). This requirement for a second was adopted in
    1874, was rescinded two years later, but was again adopted in 1880. The
    object of it was to prevent consumption of the time of the House by
    forcing consideration of undesirable propositions (V, 6797). The
    requirement (formerly clause 2) was amended in the 96th Congress (H.
    Res. 5, Jan. 15, 1979, pp. 7-16) so that a second was not required where
    printed copies of the proposed measure were available. Copies of reports
    on bills considered under suspension are not required to be available in
    advance. The Constitutional right of a Member to demand the yeas and
    nays, or the right of a Member under clause 5(a) of rule I to demand a
    recorded vote, did not exist on the question of ordering a second under
    the former clause 2, which only permited the ordering of a second by
    tellers if a quorum was present (V, 6032-6036; VIII, 3109; Dec. 16,
    1981, p. 31851). The fact that a majority of the Members of the House
    did not pass between the tellers on the question of ordering a second
    did not conclusively show that a quorum was not present in the Chamber,
    and the Speaker could count the House to determine whether a quorum was
    actually present (Dec. 16, 1981, p. 31851). But where a quorum failed on
    the vote for a second, under clause 4 of rule XV the yeas and nays were
    ordered (IV, 3053-3055; Dec.

    Sec. 907. The forty minutes of debate on motion to
    suspend the rules.

      2. When a  motion to suspend the rules has been submitted to
    the House, it shall be in order, before the final vote is taken thereon,
    to debate the proposition to be voted upon for forty minutes, one-half
    of such time to be given to debate in favor of, and one-half to debate
    in opposition to, such proposition; and the same right of debate shall
    be allowed whenever the previous question has been ordered on any
    proposition on which there has been no debate.

      Formerly clause 3, this provision was amended and redesignated in the
    102d Congress to conform to the repeal of the former clause 2, relating
    to the requirement of a second (H. Res. 5, Jan. 3, 1991, p. 39). Before
    the adoption of this clause in 1880 (V, 6821) the motion to suspend the
    rules was not debatable (V, 5405, 6820). The 40 minutes of debate is
    divided between the mover and a Member opposed to the bill, unless it
    develops that the mover is opposed to the bill, in which event some
    Member in favor is recognized for debate (VIII, 3416). Where recognition
    for the 20 minutes in opposition is contested, the Speaker will accord
    priority first on the basis of true opposition, then on the basis of
    committee membership, and only then on the basis of party affiliation,
    the latter preference inuring to the minority party (VIII, 3415; Nov.
    18, 1991, p. 32510; Sept. 27, 1996, p. ----). When the mover and the
    opponent divide their time with others, the practice as to alternation
    of recognitions is not insisted on so rigidly as in other debate (II,
    1442). Debate should be confined to the object of the motion and may not
    range to the merits of a bill not scheduled for suspension on that day
    (Nov. 23, 1991, p. 34189).

    [[Page 748]]

    Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16). The
    paragraph was deleted entirely in the 97th Congress (H. Res. 5, Jan. 5,
    1981, pp. 98-113) when all of the Speaker's postponing authorities were
    consolidated into clause 5 of rule I.
      This clause formerly included a paragraph (b) dealing with the
    Speaker's authority to postpone further proceedings on motions to
    suspend the rules and pass bills or resolutions. Paragraph (b) was added
    in the 93d Congress (H. Res. 998, Apr. 9, 1974, pp. 10195-99), amended
    in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), and amended
    further in the 96th

    Sec. 907a. The forty minutes of debate on other
    propositions.

      The last  provision of this clause allows 40 minutes of debate
    when the previous question is ordered on a proposition on which there
    has been no debate (V, 6821; Mar. 22, 1990, p. 4996). However, any
    previous debate on the merits of the main proposition precludes the 40
    minutes (V, 5499-5502). The demand for 40 minutes of debate: must come
    before the vote is taken on the main question (V, 5496); is not
    available when the question on which the previous question is ordered is
    otherwise nondebatable, such as the motion to close debate (VIII, 2555,
    2690); is not available on an undebated amendment where the motion for
    the previous question covers both the amendment and the original
    proposition, which has been debated (V, 5504); and is not available on
    incidental motions (V, 5497-5498), on propositions previously debated in
    Committee of the Whole (V, 5505), on conference reports accompanying
    measures that were debated before being sent to conference (V, 5506-
    5507), or on ancillary measures, such as a concurrent resolution to
    correct an enrolled bill (V, 5508). Debate allowed under this provision
    is equally divided and controlled between the person demanding the time
    and a Member representing the opposition (Sept. 13, 1965, pp. 23602-06;
    May 8, 1985, p. 11073). Priority in recognition for time in opposition
    is accorded to a Member truly opposed (VIII, 2689).

    [[Page 749]]

    vided, That a Member may not file a motion to
    discharge the Committee on Rules from consideration of a resolution
    providing for the consideration of more than one public bill or
    resolution, or admitting or effecting a nongermane amendment to a public
    bill or resolution: Provided further, That said resolution from which it
    is moved to discharge the Committee on Rules has been referred to that
    committee at least seven days prior to the filing of the motion to
    discharge. The motion shall be placed in the custody of the Clerk, who
    shall arrange some convenient place for the signature of Members. A
    signature may be withdrawn by a Member in writing at any time before the
    motion is entered on the Journal. Once a motion to discharge has been
    filed, the Clerk shall make the signatures a matter of public record.
    The Clerk shall cause the names of the Members who have signed a
    discharge motion during any week to be published in a portion of the
    Congressional Record designated for that purpose on the last legislative
    day of that week. The Clerk shall make available each day for public
    inspection in an appropriate office of the House cumulative lists of
    such names. The Clerk shall devise a means by which to make such lists
    available to offices of the House and to the public in electronic form.
    When a majority of the total membership of the House shall have signed
    the motion, it shall be entered on the Journal, printed with the
    signatures thereto in the Congressional Record, and

    [[Page 750]]

    referred to the Calendar of Motions to Discharge Committees.

    Sec. 908. Motion to discharge a committee.

      3. A Member  may
    present to the Clerk a motion in writing to discharge a committee from
    the consideration of a public bill or resolution which has been referred
    to it thirty days prior thereto (but only one motion may be presented
    for each bill or resolution). Under this rule it shall also be in order
    for a Member to file a motion to discharge the Committee on Rules from
    further consideration of any resolution providing a special rule for the
    consideration of a public bill or resolution reported by a standing
    committee, or a special rule for the consideration of a public bill or
    resolution which has remained in a standing committee thirty or more
    days without action: Pro-

      On the second and fourth Mondays of each month except during the last
    six days of any session of Congress, immediately after the approval of
    the Journal, any Member who has signed a motion to discharge which has
    been on the calendar at least seven days prior thereto, and seeks
    recognition, shall be recognized for the purpose of calling up the
    motion, and the House shall proceed to its consideration in the manner
    herein provided without intervening motion except one motion to adjourn.
    Recognition for the motions shall be in the order in which they have
    been entered on the Journal.

    [[Page 751]]

    eration of such bill or resolution (such
    motion not being debatable), and such motion is hereby made of high
    privilege; and if it shall be decided in the affirmative, the bill shall
    be immediately considered under the general rules of the House, and if
    unfinished before adjournment of the day on which it is called up it
    shall remain the unfinished business until it is fully disposed of.
    Should the House by vote decide against the immediate consideration of
    such bill or resolution, it shall be referred to its proper calendar and
    be entitled to the same rights and privileges that it would have had had
    the committee to which it was referred duly reported same to the House
    for its consideration: Provided, That when any perfected motion to
    discharge a committee from the consideration of any public bill or
    resolution has once been acted upon by the House it shall not be in
    order to entertain during the same session of Congress any other motion
    for the discharge from that committee of said measure, or from any other
    committee of any other bill or resolution substantially the same,
    relating in substance to or dealing with the same subject matter, or
    from the Committee on Rules of a resolution providing a special order of
    business for the consideration of any other such bill or resolution, in
    order that such action by the House on a motion to discharge shall be
    res adjudicata for the remainder of that session: Provided further, That
    if before any one motion to discharge a committee has been acted upon by
    the House there are on the Calendar of Motions to Dis-

    [[Page 752]]

    charge Committees other motions to discharge committees from the
    consideration of bills or resolutions substantially the same, relating
    in substance to or dealing with the same subject matter, after the House
    shall have acted on one motion to discharge, the remaining said motions
    shall be stricken from the Calendar of Motions to Discharge Committees
    and not acted on during the remainder of that session of Congress.

      When any motion under this rule shall be called up, the bill or
    resolution shall be read by title only. After twenty minutes' debate,
    one-half in favor of the proposition and one-half in opposition thereto,
    the House shall proceed to vote on the motion to discharge. If the
    motion prevails to discharge the Committee on Rules from any resolution
    pending before the committee, the House shall immediately consider such
    resolution, the Speaker not entertaining any dilatory motion except one
    motion to adjourn, and, if such resolution is adopted, the House shall
    immediately proceed to its execution. If the motion prevails to
    discharge one of the standing committees of the House from any public
    bill or resolution pending before the committee, it shall then be in
    order for any Member who signed the motion to move that the House
    proceed to the immediate consid-

      This clause was adopted December 8, 1931 and amended January 3, 1935
    (VII, 1007). It displaced a rule providing for a motion to instruct a
    committee to report a public bill or resolution. The first discharge
    rule was adopted June 17, 1910, pp. 8439, 8445. It was amended during
    the 62d Congress (Apr. 4-5, 1911, pp. 18, 80). It was further amended in
    the 62d Congress (H. Res. 407, Feb. 3, 1912, p. 1685), the 68th Congress
    (H. Res. 146, Jan. 18, 1924, p. 1143), and the 69th Congress (H. Res. 6,
    Dec. 7, 1925, p. 383). Formerly clause 4, this provision was
    redesignated in the 102d Congress to conform to the repeal of the former
    clause 2, relating to the requirement of a second; it was at the same
    time amended to enable debate on a resolution discharged from the
    Committee on Rules (H. Res. 5, Jan. 3, 1991, p. 39). Under the previous
    form of the rule, where the Committee on Rules was discharged from
    further consideration of a resolution the House immediately voted on
    adoption of the resolution (Speaker Rayburn, Jan. 24, 1944, pp. 631-32).

      In the 103d Congress, after a successful petition under this clause
    placed on the calendar a motion to discharge the Committee on Rules from
    further consideration of a resolution to require publication of the
    names of Members who had signed pending discharge petitions, the clause
    was so amended (H. Res. 134, Sept. 28, 1993, p. ----). In the 104th
    Congress the clause was amended to ensure the periodic publication of
    such names (sec. 219, H. Res. 6, Jan. 4, 1995, p. ----). Before the 103d
    Congress signatures on a motion to discharge a committee were not made
    public until the requisite number had signed the motion (VII, 1008; Apr.
    12, 1934, p. 6489). In the 105th Congress the clause was amended to
    clarify that, to be a proper object of a discharge petition, a
    resolution providing a special rule must address the consideration of
    only one measure and must not propose to admit or effect a nongermane
    amendment (H. Res. 5, Jan. 7, 1997, p. ----).

    [[Page 753]]

    Bankhead, Dec. 10, 1937, p. 1300). The rule does not authorize
    signature of discharge motions by proxy (VII, 1014).
      The phrase ``a majority of the total membership of the House'' was
    construed to mean 218 Members (Speaker Byrns, Apr. 15, 1936, p. 5509).
    The word ``days'' has been construed to mean ``legislative days''
    (Speaker

      The rule does not apply to a bill that has been reported by a
    committee during the interval between the placing of a motion to
    discharge on the calendar and the day when such motion is called up for
    action in the House (Apr. 23, 1934, p. 7156). The Committee on Rules may
    not be discharged from further consideration of a resolution providing
    for an investigating committee (Apr. 23, 1934, p. 7161).

      The death or resignation of a Member who has signed a motion does not
    invalidate his signature (May 31, 1934, p. 10159). It may be withdrawn
    by his successor (Dec. 7, 1943, p. 10388; Jan. 17, 1946, p. 96; Mar. 5,
    1946, p. 1968; July 30, 1946, pp. 10464, 10491; Mar. 2, 1948, pp. 1993,
    2001; Jan. 16, 1950, p. 436). The seven days that the motion must be on
    the calendar before it may be called up begins to run as of the day the
    motion is placed on the calendar (Dec. 14, 1937, p. 1517). A discharge
    petition in the 102d Congress received the requisite number of
    signatures on the same day it was filed (May 20, 1992, p. ----), and
    subsequently by unanimous consent the House dispensed with the motion to
    discharge and agreed to consider the object of the petition (a special
    order of business resolution) on a date certain under the same terms as
    if discharged by motion (June 4, 1992, p. ----). In the 103d Congress a
    discharge petition also received the requisite number of signatures on
    the same day it was filed (Feb. 24, 1994, p. ----).

      The right to close twenty minute debate on a motion to discharge a
    Committee is reserved to the proponents of the motion (VII, 1010a); and
    the chairman of the committee being discharged, if opposed to the
    motion, has been recognized to control the ten minutes in opposition
    (Aug. 10, 1970, p. 27999).

      Where a measure not requiring consideration in the Committee of the
    Whole House on the State of the Union is brought before the House by a
    successful motion to discharge, the Member moving its consideration is
    recognized in the House under the hour rule (Aug. 10, 1970, p. 28004).

      The point of order provided in clause 5(a) of rule XXI does not apply
    to an appropriation in a bill taken away from a committee by the motion
    to discharge (VII, 1019a).