[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provided that no rule should be rescinded without one day's notice.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).