[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 106th Congress]
[106th Congress]
[House Document 105-358]
[Rules of the House of Representatives]
[Pages 620-641]
[From the U.S. Government Publishing Office, www.gpo.gov]



 


Suspensions, Mondays and Tuesdays
              Rule XV.--BUSINESS IN ORDER ON SPECIAL DAYS              


[[Page 621]]

and Tuesdays and during the last six days of a session of Congress.



885. Motions to suspend the rules.

  1. (a)  A rule may not be 
suspended except by a vote of two-thirds of the Members voting, a quorum 
being present. The Speaker may not entertain a motion that the House 
suspend the rules except on Mondays


  This provision (former clause 1 of rule XXVII) 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rescinded without one day's notice.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 provision 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 had 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). Before the House 
recodified its rules in the 106th Congress, this provision was found in 
former clause 1 of rule XXVII (H. Res. 5, Jan. 6, 1999, p. ----). 
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. 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 further diminished the 
importance of the motion to suspend the rules (V, 6790).


[[Page 622]]

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 
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. 26932). 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, p. 10448). 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. 17228), may include an amendment without the formality of 
committee approval (June 22, 1992, p. 15617), 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 623]]



Sec. 886. 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



[[Page 624]]

the use of the Hall of the House (clause 1 of rule IV; V, 7270) or 
prohibiting the introduction of persons in the galleries (clause 7 of 
rule XVII; 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. 887. 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, 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 former clause 1(c) of 
rule XXVIII (current clause 7(c) of rule XXII) 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 1(b) of 
rule XV 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, p. 7535), but the 
rules forbid the Speaker to entertain a motion to suspend the rules 
relating to the privilege of the floor (clause 2(b) of rule IV; V, 7283; 
VIII, 3634),




Sec. 888. 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. 
15617). 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 625]]

on the vote for a second, under clause 6 of rule XX the yeas and nays 
were ordered (IV, 3053-3055; Dec. 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. 
17228).



Sec. 889. 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 (former clause 2 of rule XXVII) 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 1(b) of 
rule XX to demand a recorded vote, did not exist on the question of 
ordering a second under the former clause 2 of rule XXVII, which only 
permitted 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





Sec. 890. Dilatory motions pending motions to suspend 
rules.

  (b)  Pending a motion that the House suspend the rules, the Speaker 
may entertain one motion that the House adjourn. After the result of 
such a motion is announced, the Speaker may not entertain any other 
motion until the vote is taken on the suspension.



  This provision (former clause 8 of rule XVI) was adopted in 1868 (V, 
5743), and amended in 1911 (VIII, 2823). A motion for a recess (V, 5748-
5751) and for a call of the House when there was no doubt of the 
presence of a quorum (V, 5747) were held to be dilatory motions within 
the meaning of the rule. But where a motion to suspend the rules has 
been made and, after one motion to adjourn has been acted on, a quorum 
has failed, another motion to adjourn has been admitted (V, 5744-5746).




Sec. 891. The 40 minutes of debate on motion to suspend 
the rules.

  (c)  A motion that the House suspend the rules is debatable for 
40 minutes, one-half in favor of the motion and one-half in opposition 
thereto.



[[Page 626]]

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. 
----). The Chair will not examine the degree of opposition to the motion 
by a member of the committee who seeks the time in opposition (Aug. 3, 
1999, 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).
  This provision (former clause 2 of rule XXVII) was adopted 1880 (V, 
6821). It was amended and redesignated from clause 3 to clause 2 of rule 
XXVII 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 House recodified its rules in the 106th Congress, this 
provision was found in former clause 2 of rule XXVII. Former clause 2 
consisted of paragraph (b) and another provision currently found in 
clause 1(a) of rule XIX permitting 40 minutes debate on an otherwise 
debatable question on which the previous question has been ordered 
without debate (H. Res. 5, Jan. 6, 1999, p. ----). Before the adoption 
of this provision 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


  This paragraph formerly included a provision dealing with the 
Speaker's authority to postpone further proceedings on motions to 
suspend the rules and pass bills or resolutions. It 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 Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16). It 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 (current clause 8 of rule XX).

                                                       Rule XV, clause 2
Rule XV, clause 2
Discharge motions, second and fourth Mondays



892. Motion to discharge a committee.

  2. (a)  Motions to 
discharge committees shall be in order on the second and fourth Mondays 
of a month.


  (b)(1) A Member may present to the Clerk a motion in writing to 
discharge--

      (A) a committee from consideration of a public bill or public 
resolution that has been referred to it for 30 legislative days; or


[[Page 627]]

has been referred to a standing committee for 30 legislative days.
      (B) the Committee on Rules from consideration of a resolution that 
has been referred to it for seven legislative days and that proposes a 
special order of business for the consideration of a public bill or 
public resolution that has been reported by a standing committee or

  (2) Only one motion may be presented for a bill or resolution. 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 public resolution or admitting or effecting a 
nongermane amendment to a public bill or public resolution.


[[Page 628]]

  (c) A motion presented under paragraph (b) shall be placed in the 
custody of the Clerk, who shall arrange a convenient place for the 
signatures of Members. A signature may be withdrawn by a Member in 
writing at any time before a motion is entered on the Journal. The Clerk 
shall make signatures a matter of public record, causing the names of 
the Members who have signed a discharge motion during a week to be 
published in a portion of the Congressional Record designated for that 
purpose on the last legislative day of the week and making cumulative 
lists of such names available each day for public inspection in an 
appropriate office of the House. The Clerk shall devise a means for 
making 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 Record, and referred to the 
Calendar of Motions to Discharge Committees.

  (d)(1) On the second and fourth Mondays of a month (except during the 
last six days of a session of Congress), immediately after the Pledge of 
Allegiance to the Flag, a motion to discharge that has been on the 
calendar for at least seven legislative days shall be privileged if 
called up by a Member whose signature appears thereon. When such a 
motion is called up, the House shall proceed to its consideration under 
this paragraph without intervening motion except one motion to adjourn. 
Privileged motions to discharge shall have precedence in the order of 
their entry on the Journal.

  (2) When a motion to discharge is called up, the bill or resolution to 
which it relates shall be read by title only. The motion is debatable 
for 20 minutes, one-half in favor of the motion and one-half in 
opposition thereto.

  (e)(1) If a motion prevails to discharge the Committee on Rules from 
consideration of a resolution, the House shall immediately consider the 
resolution, pending which the Speaker may entertain one motion that the 
House adjourn. After the result of such a motion to adjourn is 
announced, the Speaker may not entertain any other dilatory motion until 
the resolution has been disposed of. If the resolution is adopted, the 
House shall immediately proceed to its execution.


[[Page 629]]

bill or resolution shall be privileged if offered by a Member whose 
signature appeared on the motion to discharge. The motion to proceed is 
not debatable. If the motion to proceed is adopted, the bill or 
resolution shall be considered immediately under the general rules of 
the House. If unfinished before adjournment of the day on which it is 
called up, the bill or resolution shall remain the unfinished business 
until it is disposed of. If the motion to proceed is rejected, the bill 
or resolution shall be referred to the appropriate calendar, where it 
shall have the same status as if the committee from which it was 
discharged had duly reported it to the House.
  (2) If a motion prevails to discharge a standing committee from 
consideration of a public bill or public resolution, a motion that the 
House proceed to the immediate consideration of such

  (f)(1) When a motion to discharge originated under this clause has 
once been acted on by the House, it shall not be in order to entertain 
during the same session of Congress--

      (A) a motion to discharge a committee from consideration of that 
bill or resolution or of any other bill or resolution that, by relating 
in substance to or dealing with the same subject matter, is 
substantially the same; or

      (B) a motion to discharge the Committee on Rules from 
consideration of a resolution providing a special order of business for 
the consideration of that bill or resolution or of any other bill or 
resolution that, by relating in substance to or dealing with the same 
subject matter, is substantially the same.


[[Page 630]]

dered out of order under subparagraph (1) shall be stricken from that 
calendar.

  (2) A motion to discharge on the Calendar of Motions to Discharge 
Committees that is ren

  This clause (former clause 3 of rule XXVII) 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 in the 61st Congress 
(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). This provision was redesignated from clause 4 to clause 3 in 
the 102d Congress to conform to the repeal of the former clause 2 of 
rule XXVII, 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, p. 631).

  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. 22698). 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. 468). 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. ----).

  The phrase ``a majority of the total membership of the House'' was 
construed to mean 218 Members (Speaker Byrns, Apr. 15, 1936, p. 5509), 
not including Delegates or the Resident Commissioner. The word ``days'' 
has been construed to mean ``legislative days'' (Speaker Bankhead, Dec. 
10, 1937, p. 1300). The rule does not authorize signature of discharge 
motions by proxy (VII, 1014). When a Member withdraws his signature from 
a discharge petition at any time before it garners 218 signatures and is 
entered on the Journal, the withdrawal is printed in the Record (Apr. 
23, 1998, p. ----).


[[Page 631]]

from further consideration of a resolution providing for an 
investigating committee (Apr. 23, 1934, p. 7161).
  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

  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. 12222), 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. 13618). 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. 2999).

  The right to close 20 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 10 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 4 of rule XXI (former 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).


  Under Jefferson's Manual (Sec. 364, supra) a line of Members waiting 
to sign a discharge petition should proceed to the rostrum from the far 
right-hand aisle and should not stand between the Chair and Members 
engaging in debate (Oct. 24, 1997, p. ----).

                                                       Rule XV, clause 3
Rule XV, clause 3
Adverse report by the Committee on Rules, second and fourth Mondays


[[Page 632]]

it is in order to consider a motion to discharge committees under clause 
2.



893. Adverse report by Rules Committee.

  3. An  adverse 
report by the Committee on Rules on a resolution proposing a special 
order of business for the consideration of a public bill or public joint 
resolution may be called up under clause 6(e) of rule XIII as a 
privileged question by a Member, Delegate, or Resident Commissioner on a 
day when



  This provision was initially adopted January 18, 1924, amended 
December 8, 1931 (VIII, 2268), January 3, 1949 (p. 16), January 3, 1951 
(p. 18), January 4, 1965 (p. 24) (inserting the so-called ``21-day 
rule''), January 10, 1967 (H. Res. 7, p. 28) (deleting the ``21-day 
rule'' in effect in the 89th Congress), January 3, 1975 (H. Res. 988, 
93d Cong., Oct. 8, 1974, p. 34470). Before the House recodified its 
rules in the 106th Congress, this provision was found only in former 
clause 4(c) of rule XI. It is currently found in both this provision and 
clause 6(e) of rule XIII (H. Res. 5, Jan. 6, 1999, p. ----).

                                                       Rule XV, clause 4
Rule XV, clause 4
District of Columbia business, second and fourth Mondays




894. District of Columbia.

  4.  The second and fourth Mondays 
of a month shall be set apart for the consideration of such District of 
Columbia business as may be called up by the Committee on Government 
Reform after the disposition of motions to discharge committees and 
after the disposal of such business on the Speaker's table as requires 
reference only.


  The first rule allocating a fixed day for District of Columbia 
business was adopted in 1870. In 1890 the rule (former clause 8 of rule 
XXIV) was amended (IV, 3304). It was again amended December 8, 1931 
(VII, 872). In the 104th Congress it was amended to reflect that the 
jurisdiction of the former Committee on the District of Columbia had 
been subsumed within the amalgamated jurisdiction of the newly 
designated Committee on Government Reform and Oversight (and in the 
106th Congress to reflect a change in the name of a committee) (sec. 
202, H. Res. 6, Jan. 4, 1995, p. ----; H. Res. 5, Jan. 6, 1999, p. ----
). Before the House recodified its rules in the 106th Congress, this 
provision was found in former clause 8 of rule XXIV (H. Res. 5, Jan. 6, 
1999, p. ----).


[[Page 633]]

unless called up (IV, 3307; VII, 879, 880). The question of 
consideration may not be demanded against District business generally, 
but may be demanded against any bill as it is presented (IV, 3308, 
3309).
  The Committee on Government Reform and Oversight (now Government 
Reform) may not, on a District day, call up a bill reported from another 
committee (IV, 3311). If certain of the committee's bills are on one of 
the calendars of the Committees of the Whole, a motion to go into 
committee to consider them is in order (IV, 3310). Bills reported from 
the District Committee (now Government Reform) are not so privileged as 
to prevent their being taken up under call of committees on Wednesday 
(VII, 937). Business unfinished on one District day does not come up on 
the next


  On District days it is in order to go into the Committee of the Whole 
to consider revenue or general appropriation bills (VI, 716-718; VII, 
876, 1123). Consideration of conference reports is in order on District 
Monday (VIII, 3202). District of Columbia business is in order on the 
second and fourth Mondays of the month before or after other business 
(such as motions to suspend the rules), and the fact that the House has 
considered some District of Columbia business before motions to suspend 
the rules does not affect the eligibility of further such business after 
suspensions have been completed (Sept. 17, 1984, p. 25523).

                                                       Rule XV, clause 5
Rule XV, clause 5
Private Calendar, first and third Tuesdays


[[Page 634]]

or more Members, Delegates, or the Resident Commissioner object to the 
consideration of a bill or resolution so called, it shall be recommitted 
to the committee that reported it. No other business shall be in order 
before completion of the call of the Private Calendar on this day unless 
two-thirds of the Members voting, a quorum being present, agree to a 
motion that the House dispense with the call.


895. Interruption of the regular order on Tuesdays for 
consideration of the Private Calendar.

  5. (a)  On the first Tuesday of a 
month, the Speaker shall direct the Clerk to call the bills and 
resolutions on the Private Calendar after disposal of such business on 
the Speaker's table as requires reference only. If two


  (b)(1) On the third Tuesday of a month, after the disposal of such 
business on the Speaker's table as requires reference only, the Speaker 
may direct the Clerk to call the bills and resolutions on the Private 
Calendar. Preference shall be given to omnibus bills containing the 
texts of bills or resolutions that have previously been objected to on a 
call of the Private Calendar. If two or more Members, Delegates, or the 
Resident Commissioner object to the consideration of a bill or 
resolution so called (other than an omnibus bill), it shall be 
recommitted to the committee that reported it. Two-thirds of the Members 
voting, a quorum being present, may adopt a motion that the House 
dispense with the call on this day.

  (2) Omnibus bills shall be read for amendment by paragraph. No 
amendment shall be in order except to strike or to reduce amounts of 
money or to provide limitations. An item or matter stricken from an 
omnibus bill may not thereafter during the same session of Congress be 
included in an omnibus bill. Upon passage such an omnibus bill shall be 
resolved into the several bills and resolutions of which it is composed. 
The several bills and resolutions, with any amendments adopted by the 
House, shall be engrossed, when necessary, and otherwise considered as 
passed severally by the House as distinct bills and resolutions.



[[Page 635]]


  (c) The Speaker may not entertain a reservation of the right to object 
to the consideration of a bill or resolution under this clause. A bill 
or resolution considered under this clause shall be considered in the 
House as in the Committee of the Whole. A motion to dispense with the 
call of the Private Calendar under this clause shall be privileged. 
Debate on such a motion shall be limited to five minutes in support and 
five minutes in opposition.



Sec. 896. Tuesday as a day for private 
business.

  This  provision (former clause 6 of rule XXIV) was adopted in the 
62d Congress in lieu of special orders under which pension and private 
business formerly had been considered. The rule was amended on April 23, 
1932 (VII, 846) and was adopted in its present form on March 27, 1935 
(pp. 4480-89, 4538). When the House recodified its rules in the 106th 
Congress, this provision was transferred from former clause 6 of rule 
XXIV and the archaic reference to the ``Calendar of the Committee of the 
Whole House'' was changed to the ``Private Calendar'' (H. Res. 5, Jan. 
6, 1999, p. ----). A Member serving as an ``official objector'' for the 
Private Calendar has periodically included in the Record an explanation 
of how bills on the Private Calendar are considered (see, e.g., Dec. 5, 
1995, p. ----; June 17, 1997, p. ----). Clause 4 of rule XII prohibits 
consideration of certain private bills. Under former clause 6(e)(2) of 
rule XV (current clause 7(b) of rule XX), the Speaker may in his 
discretion recognize a Member to move a call of the House prior to the 
call of the Private Calendar (July 8, 1987, p. 18972).




Sec. 897. Methods of considering omnibus 
bills.

  During the  consideration of omnibus bills the Chair declines to recognize 
Members for unanimous-consent requests to address the House (May 7, 
1935, p. 7100); motions to strike out the last word are not in order, 
and requests for extension of time under the five-minute rule are not 
entertained (Speaker Byrns, Mar. 17, 1936, pp. 3890, 3894).


  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 may prescribe, by special order, that such omnibus bills shall be 
passed over (June 27, 1968, p. 19106). During the consideration of the 
First Omnibus Bill of 1968, seven roll calls occurred and seven of the 
15 bills carried therein were stricken by motion (Sept. 17, 1968, pp. 
27165-84). Amendments to the bill were strictly limited by the rule to 
those striking out or reducing amounts of money carried in the bill or 
to provide limitations, and debate on those permissible motions was 
under the five-minute rule. After the passage of an omnibus bill, it is 
resolved into the various private bills of which it is composed and each 
is engrossed and messaged to the Senate as if individually passed; thus 
it is possible, after passage of the omnibus bill, to lay on the table a 
private House or Senate bill which was included therein (by unanimous 
consent) (Sept. 17, 1968, p. 27184).


[[Page 636]]

tion and it is consistent with the discretionary authority of the Chair 
to dispense with the call of the entire Calendar (appeal from the 
Chair's ruling laid on the table) (Nov. 17, 1981, p. 27770).

  On the third Tuesday of the month, the calendar is not called unless 
the Speaker so directs (Oct. 16, 1990, p. 29646); and when he does 
direct the Clerk to call the Private Calendar, omnibus bills on the 
Calendar are called before individual bills thereon (Feb. 17, 1970, pp. 
3605-13). A motion to dispense with the call of the Private Calendar on 
the third Tuesday of each month, when the call of the Calendar is within 
the discretion of the Chair, is likewise in order in the Chair's 
discretion (although this clause only specifically provides for a motion 
to dispense with the call on the first Tuesday of each month), since no 
rule or precedent prohibits the mo

                                                       Rule XV, clause 6
Rule XV, clause 6
Corrections Calendar, second and fourth Tuesdays



898. Corrections Calendar.

  6. (a)  After a bill has been 
favorably reported and placed on either the Union or House Calendar, the 
Speaker, after consultation with the Minority Leader, may direct the 
Clerk also to place the bill on the ``Corrections Calendar.'' At any 
time on the second and fourth Tuesdays of a month, the Speaker may 
direct the Clerk to call a bill that has been on the Corrections 
Calendar for three legislative days.


  (b) A bill called from the Corrections Calendar shall be considered in 
the House, is debatable for one hour equally divided and controlled by 
the chairman and ranking minority member of the primary committee of 
jurisdiction, and shall not be subject to amendment except those 
recommended by the primary committee of jurisdiction or offered by the 
chairman of the primary committee or a designee. The previous question 
shall be considered as ordered on the bill and any amendments thereto to 
final passage without intervening motion except one motion to recommit 
with or without instructions.


[[Page 637]]

against its consideration, does not cause its removal from the Calendar 
to which it was originally referred.

  (c) The approval of three-fifths of the Members voting, a quorum being 
present, shall be required to pass a bill called from the Corrections 
Calendar. The rejection of a bill so called, or the sustaining of a 
point of order against it or


  This clause (former clause 4 of rule XIII) was amended in the 104th 
Congress to abolish the Consent Calendar and establish in its place a 
Corrections Calendar (H. Res. 168, June 20, 1995, p. 16574). Later in 
the 104th Congress several technical changes were effected, and 
paragraph (b) was amended to admit amendments by a designee of the 
chairman of the primary committee (H. Res. 254, Nov. 30, 1995, p. 
14974). In the 105th Congress paragraph (a) was amended to permit bills 
to be called from the Calendar at any time on a ``corrections day'' and 
in any order (H. Res. 5, Jan. 7, 1997, p. ----). Before the House 
recodified its rules in the 106th Congress, this provision was found in 
former clause 4 of rule XIII (H. Res. 5, Jan. 6, 1999, p. ----). The 
Speaker may discharge a bill from the Corrections Calendar at any time 
(June 24, 1996, p. ----). In the 105th Congress the House established a 
Corrections Calendar Office to assist the Speaker in management of the 
Calendar (H. Res. 7, Jan. 7, 1997, p. ----).



Sec. 899. Former Consent Calendar.

  The  original form of 
former clause 4 of rule XIII, providing for the former Consent Calendar, 
was adopted March 15, 1909, amended January 18, 1924; December 7, 1925; 
December 8, 1931; and April 23, 1932 (VII, 972). Bills must have been on 
the printed calendar three legislative working days in order to be 
eligible for consideration (VII, 992, 994). When a House bill was on the 
Consent Calendar, by unanimous consent the House committee could have 
been discharged from the consideration of a Senate bill on the same 
subject, and the Senate bill considered in lieu of the House bill (VII, 
1004). The status of bills on the Consent Calendar was not affected by 
their consideration from another calendar and such bills could have been 
called up for consideration from the Consent Calendar while pending as 
unfinished business in the House or Committee of the Whole (VII, 1006).



  The former rule did not preclude the Speaker from recognizing Members 
to suspend the rules before completion of the Consent Calendar (decided 
by the House, VIII, 3405; also held by Speaker Clark, Oct. 5, 1914, p. 
16182, and by Speaker Gillett, Sept. 4, 1919, p. 5128). Recognition to 
suspend the rules did not preclude the continuation of the call of the 
calendar later in the day (VII, 991). The call of the Consent Calendar 
on days devoted to its consideration took precedence of the motion to go 
into the Committee of the Whole to consider revenue or appropriation 
bills (VII, 986), and a contested-election case could not supplant the 
call of the Calendar (VII, 988), but the Speaker could recognize a 
Member to call up a conference report before directing the call of the 
Consent Calendar (May 4, 1970, pp. 13991-95).


[[Page 638]]

Calendar Call of Committees, Wednesdays
                                                       Rule XV, clause 7
Rule XV, clause 7



900. Calendar Wednesday business.

  7. (a)  On Wednesday of 
each week, business shall not be in order before completion of the call 
of the committees (except as provided by clause 4 of rule XIV) unless 
two-thirds of the Members voting, a quorum being present, agree to a 
motion that the House dispense with the call. Such a motion shall be 
privileged. Debate on such a motion shall be limited to five minutes in 
support and five minutes in opposition.


  (b) A bill or resolution on either the House or the Union Calendar, 
except bills or resolutions that are privileged under the Rules of the 
House, may be called under this clause. A bill or resolution called up 
from the Union Calendar shall be considered in the Committee of the 
Whole House on the state of the Union without motion, subject to clause 
3 of rule XVI. General debate on a measure considered under this clause 
shall be confined to the measure and may not exceed two hours equally 
divided between a proponent and an opponent.

  (c) When a committee has occupied the call under this clause on one 
Wednesday, it shall not be in order on a succeeding Wednesday to 
consider unfinished business previously called up by that committee 
until the other committees have been called in their turn unless--

      (1) the previous question has been ordered on such unfinished 
business; or


[[Page 639]]

      (2) the House adopts a motion to dispense with the call under 
paragraph (a).

  (d) If any committee has not been called under this clause during a 
session of a Congress, then at the next session of that Congress the 
call shall resume where it left off at the end of the preceding session.

  (e) This rule does not apply during the last two weeks of a session of 
Congress.


  (f) The Speaker may not entertain a motion for a recess on a Wednesday 
except during the last two weeks of a session of Congress.



Sec. 901. Decisions on Calendar Wednesday.

  The first  portion 
of this rule (former clause 7 of rule XXIV) was adopted March 1, 1909, 
and amended March 15, 1909. The last sentence of paragraph (b) (first 
proviso of former clause 7 of rule XXIV) and paragraph (c) (second 
proviso of former clause 7 of rule XXIV) were adopted January 18, 1916. 
Paragraph (d) (the last proviso of former clause 7 of rule XXIV) was 
adopted December 8, 1931 (VII, 881), and was amended in the 102d 
Congress to specify that the alphabetical call of the committees under 
Calendar Wednesday resumes where left off between sessions within a 
Congress (H. Res. 5, Jan. 3, 1991, p. 39). The rule applies to 
unprivileged bills only, and when a bill otherwise unprivileged is given 
a privileged status by unanimous consent or by rule it is automatically 
rendered ineligible for consideration on Calendar Wednesday (VII, 932-
935). House Calendar bills have no preference over Union Calendar bills 
(VII, 938). The motion to dispense with a call of committees under this 
rule is privileged and may be made prior to the consideration of 
District of Columbia business under clause 4 of this rule (June 11, 
1973, pp. 19028-30).


  When a bill on the Union Calendar is called up on Calendar Wednesday 
the House automatically resolves itself into the Committee of the Whole 
House on the state of the Union (VII, 939; Jan. 25, 1984, p. 358), and 
when a Union Calendar bill is the unfinished business the Speaker 
declares the House in Committee of the Whole without motion (VII, 940, 
942).

  The question of consideration may be raised on a bill on the House 
Calendar on Calendar Wednesday, even after one Wednesday has been 
devoted to its consideration (VIII, 2447), and the question of 
consideration is properly raised on Union Calendar bills in the House 
before automatically going into Committee of the Whole House on the 
state of the Union (VII, 952).


[[Page 640]]

clause 4 of rule XIV (former clause 4 of rule XXIV), the morning hour, 
and another under Calendar Wednesday (VII, 944). Prior to the adoption 
of paragraph (c) (the second proviso of former clause 7 of rule XXIV), 
it was held that one committee could not occupy more than two Calendar 
Wednesdays (except for unfinished business) until other committees were 
called, notwithstanding the fact that the call rested on said committee 
(VII, 944), but the adoption of the second proviso of the rule has 
defined the status of debate and unfinished business more explicitly. It 
was formerly held that a bill undisposed of on Calendar Wednesday became 
the unfinished business on the following Calendar Wednesday (VII, 965), 
but since the adoption of paragraph (c) (the second proviso of former 
clause 7 of rule XXIV), one committee can occupy but one Calendar 
Wednesday for the consideration of its business (unless the House by 
two-thirds vote shall otherwise determine).
  During the 61st and 62d Congresses it was held that the call of 
committees rested where the call left off on the preceding day, whether 
the last call was on a Wednesday or during the morning hour on another 
day, thus making but one committee call under the two rules. But under 
the later practice there have been two distinct calls of committees, one 
under

  The same rule of debate applies to House Calendar bills called up on 
Calendar Wednesday as on other days, and the Member in charge of the 
bill may move the previous question at any time (VII, 955).

  The previous question having been ordered on a bill undisposed of when 
the House adjourns Tuesday, the bill goes over as unfinished business 
until Thursday, and is not in order for consideration on Calendar 
Wednesday (VII, 890-894). The previous question having been ordered on a 
bill on Calendar Wednesday, the bill becomes the unfinished business on 
Thursday (VII, 895, 967).

  It is in order to consider a vetoed bill on Calendar Wednesday, since 
such a question is privileged under the Constitution of the United 
States (VII, 912), but a bill privileged by reason of the Rules of the 
House cannot be called up on Calendar Wednesday (VII, 932); for example, 
a general appropriation bill (VII, 904), or a bill under consideration 
by reason of a special order, unless the special order expressly sets 
aside Calendar Wednesday (VII, 773), or a conference report (VII, 899). 
A motion to reconsider an action taken on a bill on Tuesday may be 
entered, but may not be considered on Calendar Wednesday (VII, 905). 
Privileged bills may be reported but not considered on Calendar 
Wednesday (VII, 907), except by unanimous consent (Jan. 25, 1984, p. 
357). The Speaker has entertained a unanimous-consent request for 
business (to send a bill to conference) before the call of committees on 
Calendar Wednesday (Mar. 28, 1984, p. 6869). District of Columbia 
business is eligible for consideration on Calendar Wednesday (VII, 937). 
Once the call of committees on Calendar Wednesday is completed, other 
business may be conducted (VII, 921).


[[Page 641]]

  The Committee on Rules cannot report a rule which is aimed strictly or 
directly toward setting aside Calendar Wednesday, but the committee is 
not thereby prevented from reporting a resolution couched in general 
terms which may indirectly accomplish that ultimate result, such as a 
resolution providing for six days' suspension of the rules (VIII, 2267).

  The motion to grant a committee an additional Wednesday under 
paragraph (c) (the second proviso of former clause 7 of rule XXIV) is in 
order prior to the Wednesday on which the committee is called (VII, 
946).

  It has been held that if no Member opposed to the bill desires to 
claim the hour specified in the rule for general debate against the 
bill, the time may be claimed by some Member who is in favor of the bill 
(VII, 962), but this principle has been questioned (VII, 961).



  Clause 2(b) of rule XIII (former clause 2(l)(1) of rule XI), requiring 
the chairman of each committee to report or cause to be reported 
promptly measures approved by his committee and to take such necessary 
steps to bring the matter to a vote, is sufficient authority for the 
chairman to call up a bill on Calendar Wednesday, but any other 
committee member must obtain specific authority of his committee to call 
up a reported bill on Calendar Wednesday (IV, 3128; VII, 928, 929; Feb. 
22, 1950, p. 2162; Feb. 1, 1984, p. 1193; Sept. 12, 1984, p. 25100). 
Prior to the Legislative Reorganization Act of 1946 and the subsequent 
adoption of former clause 2(l)(1)(A) of rule XI, authority to call up a 
bill on Calendar Wednesday must have been given to a chairman by his 
committee (IV, 3127). A Member not authorized to do so may not call up 
such bill under the Calendar Wednesday rule (IV, 3128; VII, 928, 929).