    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 108th Congress]
    [108th Congress]
    [House Document 107-284]
    [Rules of the House of Representatives]
    [Pages 647-667]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                                     Rule XV

    Suspensions, Mondays and Tuesdays
                        business in order on special days

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

      This provision (former clause 1 of rule XXVII) developed
    from a rule adopted in 1794, which provided that no
    rule should be rescinded without one day's notice. In 1822 a
    paragraph was added that no rule should be suspended
    except by a two-thirds vote. In 1828 it was amended
    to provide that the order of business, as established by the
    rules, should not be changed except by a two-thirds vote.
    Originally contemplating motions to suspend the rules on
    any day, the rule was amended in 1847
    to restrict the motion 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). 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). During the first session of the 108th
    Congress, the House authorized the Speaker to entertain motions that the
    House suspend the rules on Wednesdays through the second Wednesday in
    April as though under this clause (sec. 3(d), H. Res. 5, Jan. 7, 2003,
    p. ----), which was extended by unanimous consent through the last
    Wednesday in June (Apr. 30, 2003, p. ----). 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. ----).

    [[Page 648]]

    About the same time, the House perfected the process of establishing a
    special order of business by a majority vote through a report from the
    Committee on Rules (IV, 3169). As a result of these changes, the use of
    the motion to suspend gradually changed from one that established a
    special order of business to one that passes or adopts a measure (V,
    6790, 6846, 6847). The latter motion suspends 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).

    Sec. 886. Nature of the motion to suspend the
    rules.

      Originally,  when the House was operating under the older rules for the
    order of business, the motion was used to establish a special order of
    business for the consideration of a particular measure (IV, 3152, 3162;
    V, 6852). In 1890, the House adopted rules for the order of business
    which enabled the House on any day to consider public bills on its
    calendars.

      Although the normal use of the motion is to pass or adopt a
    noncontroversial measure, the motion may also be used to change or
    suspend a rule or order that is susceptible to suspension or to suspend
    the parliamentary law of Jefferson's Manual (V, 6796, 6862). 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), 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).

      The motion to suspend may include a series of actions, such 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 for 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
    may provide for agreeing to a conference report which has been ruled out
    of order by the Speaker (Dec. 20, 1974, p. 41860) or may provide for
    passage of a bill that consists of the text of two bills previously
    passed by the House (Sept. 19, 2000, p. ----). One motion to suspend the
    rules having been rejected, the Speaker may recognize for a similar
    motion (Dec. 21, 1973, pp. 43270-81).

    [[Page 649]]

      A motion to suspend the rules may provide for the passage of a bill
    regardless of whether it has been reported by committee, referred to a
    calendar, or even previously introduced (VIII, 3421; July 16, 1996, p.
    17228). It may include an amendment without the formality of committee
    approval (June 22, 1992, p. 15617). Copies of reports on bills
    considered under suspension are not required to be available in advance.
    No advance notice to Members of bills to be called up under
    suspension of the rules is required (Mar. 20, 1978, p. 7535).
    However, 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. 25765, 25774).

    Sec. 886a. Consideration of the motion to suspend the
    rules.

      The  motion that the House ``suspend the rules and pass [or adopt]''
    a measure is not subject to the demand for a division of the
    question, 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; Deschler, ch. 21,
    Sec. 14.6; Apr. 11, 2000, p. ----), 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. 25797), although it may be applied to an affirmative
    vote (Sept. 28, 1996, p. 25796). The motion to refer may not be applied
    to the bill that it is proposed to pass under suspension
    of the rules (V, 6860). Pursuant to clause 1(b) of rule XV, the
    Speaker may entertain one motion to adjourn pending a motion to suspend
    the rules. However, after that vote, the Speaker may not entertain any
    other motion until the vote is taken on the motion to suspend the rules.

      Some older precedents indicate 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), and
    in earlier instances the separate motion to suspend the rules and
    dispense with reading of pending measures was held in order (V, 5278-
    84). However, under the modern practice, only the motion to suspend the
    rules is itself read, and the Clerk reports the title of the bill only.
    Amendments included in the motion are not reported separately. Where a
    motion to suspend the rules and agree to a resolution that 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 the
    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).

      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 as 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).

    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). However, a motion to suspend the rules was in order
    to dispense with the reading of a pending measure (V, 5278). A bill
    taken up under this early practice might be amended by the House (V,
    6842, 6856) or withdrawn by the mover, in which case another Member
    might not present it (V, 6854, 6855).

    [[Page 650]]

    another matter (V, 6827, 6831-6833; VIII, 3418; Sept. 17, 1990, p.
    24695). Earlier rulings, did not permit a motion to suspend the rules to
    permit a vote to be taken in gross on a series of pending Senate
    amendments (V, 6828, 6830). 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) or when a question of privilege under rule IX is before
    the House (V, 6825, 6826; VI, 553, 565). The motion to suspend the rules
    has been held of equal privilege with the motion to instruct conferees
    under former clause 1(c) of rule XXVIII (current clause 7(c) of rule
    XXII), which 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 highly privileged motion to fix the day to which the House should
    adjourn was pending (IV, 2758). Although the motion is
    privileged, it may be superseded by a question of the
    /privileges of the House (III, 2553; VI, 565). 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).
      In the later practice, where the motion includes both suspension of
    the rules and action on the subject, it is admitted even though another
    matter is pending (V, 6834), the yeas and nays are demanded on another
    privileged motion (V, 6835), or the previous question has been ordered
    or moved on

      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).

    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). 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).
    In rare instances, under earlier House practice, the
    Speaker called the committees in regular order for motions to suspend
    the rules, but this method was not required (V, 6810,
    6811). The earlier practice also required a
    motion to be formally and specifically authorized by
    a committee (V, 6805-6807), including specific
    authorization to include an amendment (V, 6812); 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 modern practice,
    authorization by a committee is not required (VIII, 3410,
    June 22, 1992, p. 15617). The committee may not present a bill
    which has not been referred to it (V, 6813) and is not within its
    jurisdiction (V, 6848).

    [[Page 651]]

    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. 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). However, where a quorum failed 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).

    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 (H. Res. 5, Jan. 3, 1991, p.
    39). The 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

    Sec. 889a. Withdrawal of motion.
    /

      A  motion to suspend the rules may be withdrawn at
    any time before the Chair puts the question and a voice vote is taken
    thereon (V, 6840, 6844; VIII, 3405,
    3419). The motion may be withdrawn by
    unanimous consent, even after the Speaker has put the
    question on its adoption and postponed further proceedings
    (Deschler, ch 21
    Sec. 13.23).

    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).

    [[Page 652]]

    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.

      This provision (former clause 2 of rule XXVII) was adopted in 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 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). 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).

    Discharge motions, second and fourth Mondays
      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).

    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.

    [[Page 653]]

      (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

          (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 has
    been referred to a standing committee for 30 legislative days.

      (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 654]]

    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, published with the
    signatures thereto in the Record, and referred to the Calendar of
    Motions to Discharge Committees.
      (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

      (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.

    [[Page 655]]

    other dilatory motion until the resolution has been disposed of. If the
    resolution is adopted, the House shall immediately proceed to its
    execution.
      (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

      (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 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.

      (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

    [[Page 656]]

    viding 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.
          (B) a motion to discharge the Committee on Rules from
    consideration of a resolution pro

      (2) A motion to discharge on the Calendar of Motions to Discharge
    Committees that is rendered out of order under subparagraph (1) shall be
    stricken from that calendar.

      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. 121). A clerical
    correction was effected in the 107th Congress (sec. 2(x), H. Res. 5,
    Jan. 3, 2001, p. ----).

    [[Page 657]]

    not including Delegates or the Resident Commissioner. 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. ----).
      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 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 because a majority of the whole House is
    necessary for a discharge motion (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). In the 107th Congress a petition received the
    requisite signatures to enable a motion to discharge a rule providing
    for the consideration of a measure to provide campaign finance reform
    (Jan. 24, 2002, p. ----).

      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).

    [[Page 658]]

    Adverse report by the Committee on Rules, second and fourth Mondays
      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. ----).

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

    District of Columbia business, second and fourth Mondays
      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. ----).

    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.

    [[Page 659]]

    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. 465; 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. ----).
      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

      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 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).

    Private Calendar, first and third Tuesdays
      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).

    [[Page 660]]

    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 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

      (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.

    [[Page 661]]

      (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.

      (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. 35354; 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).

    [[Page 662]]

    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).
      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.

    Corrections Calendar, second and fourth Tuesdays
      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 is likewise in order in
    the Chair's discretion because no rule or precedent
    prohibits the motion, 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).

    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 is printed on the Corrections
    Calendar.

    [[Page 663]]

    out intervening motion except one motion to recommit with or without
    instructions.
      (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 with

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

      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. 121). In the
    107th Congress paragraph (a) was amended to delete the requirement that
    a bill be on the Corrections Calendar for three days before being called
    therefrom (sec. 2(n), H. Res. 5, Jan. 3, 2001, 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 House may by unanimous consent direct the call of the
    Corrections Calendar on a day other than a ``corrections day''
    (June 24, 1996, p. 14974). 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. 142; 2 U.S.C. 74d; see
    Sec. 1124, infra).

    [[Page 664]]

    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).

    Calendar Call of Committees, Wednesdays
      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).

    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.

    [[Page 665]]

      (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

          (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.

    [[Page 666]]

    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).

      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 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).

      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).

    [[Page 667]]

    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).
      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

      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 (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 (VII, 928, 929).