[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 109th Congress]
[109th Congress]
[House Document 108-241]
[Rules of the House of Representatives]
[Pages 652-672]
[From the U.S. Government Publishing Office, www.gpo.gov]


 




                                 Rule XV


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



[[Page 653]]

3(d), H. Res. 5, Jan. 7, 2003, p. ----). That authority was extended by 
unanimous consent through the last Wednesday in June (Apr. 30, 2003, p. 
----) and by resolution through the entire 108th Congress (H. Res. 297, 
June 26, 2003, p. ----). The 109th Congress amended the rule to permit 
motions to suspend the rules every Wednesday (sec. 2(e), H. Res. 5, Jan. 
4, 2005, 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. 47).
  This provision (formerly 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adopted in 1794, which provided that no rule should be rescinded without 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 motions to suspend the rules 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 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.



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. 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).


  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).


[[Page 654]]

  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. 18510). One motion to suspend 
the rules having been rejected, the Speaker may recognize for a similar 
motion (Dec. 21, 1973, pp. 43270-81).

  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 before the Chair's 
entertaining the motion, unanimous consent is required to permit the 
Chair to entertain the motion before 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. 5206), and the power to modify the motion 
rests with its proponent (July 18, 2005, p. ----). The motion may not be 
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).


[[Page 655]]

  For a discussion of debate on the motion and the Chair's recognition 
of a Member to control time in opposition to the motion, see Sec. 891, 
infra.



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).


  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 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).

  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).


[[Page 656]]

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). The committee could 
not present a bill which had not been referred to it (V, 6813) or was 
not within its jurisdiction (V, 6848).


Sec. 888. Individual and committee motions to suspend 
the rules.

  Before  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),


  Authorization by a committee is not required for the Speaker to 
recognize for a motion to suspend the rules (VIII, 3410), including a 
motion to suspend the rules and pass a measure ``as amended'' (June 22, 
1992, p. 15617).



Sec. 889. The second of the motion to suspend the 
rules.

  Before  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 consumption of the time of the House by forcing consideration of 
undesirable propositions (V, 6797). The requirement (formerly 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. 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).



[[Page 657]]

tain any other motion until the vote is taken on the suspension.



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 enter



  This provision (formerly 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.


  This provision (formerly 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. 47). 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; Oct. 5, 2004, p. 
----). When the mover and the opponent divide their time with others, 
the practice as to alternation of recognitions is not insisted on so 
rigidly as in other debate (II, 1442). Debate should be confined to the 
object of the motion and may not range to the merits of a bill not 
scheduled for suspension on that day (Nov. 23, 1991, p. 34189).


[[Page 658]]

  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. 19275). 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 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).


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.


  (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.


[[Page 659]]

  (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.

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


[[Page 660]]

charge shall have precedence in the order of their entry on the Journal.
  (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 dis

  (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 661]]

priate 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 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 appro

  (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.


  (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.


[[Page 662]]

resolution the House immediately voted on adoption of the resolution 
(Speaker Rayburn, Jan. 24, 1944, p. 631).
  This clause (formerly 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

  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. 
26).

  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; and a Delegate or 
the Resident Commissioner may not sign a discharge petition even by 
unanimous consent (Oct. 1, 2003, p. ----). 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. 6590).

  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).


[[Page 663]]

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 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

  The right to close 20 minute debate on a motion to discharge a 
committee is reserved to the proponent 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 (formerly 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).


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. 23293).




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.




[[Page 664]]

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. 47).




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 (formerly 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. 465; H. Res. 5, Jan. 6, 1999, p. 47). 
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. 47).

  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).



[[Page 665]]

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).



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 present, agree to a motion that the House 
dispense with the call.



[[Page 666]]

  (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.


  (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.


[[Page 667]]

1997, p. 11015; Nov. 17, 2003, 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 before the 
call of the Private Calendar (July 8, 1987, p. 18972).


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

  This  provision (formerly 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. 47). 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,




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).


  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).


[[Page 668]]

Calendar for three days before being called therefrom (sec. 2(n), H. 
Res. 5, Jan. 3, 2001, p. 25). Before the House recodified its rules in 
the 106th Congress, the provision was found in former clause 4 of rule 
XIII (H. Res. 5, Jan. 6, 1999, p. 47). The House could 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). Section 106 of the Legislative 
Branch Appropriations Act, 2004, transferred the positions, and 
associated funding, of the Corrections Calendar Office to the Speaker 
and the Minority Leader (117 Stat. 1041).



Sec. 898. Former Corrections Calendar.

  In the  109th Congress 
the Corrections Calendar (formerly clause 6 of rule XV) was abolished 
(sec. 2(f), H. Res. 5, Jan. 4, 2005, p. ----). The Corrections Calendar 
was established in the 104th Congress as a replacement for the Consent 
Calendar (H. Res. 168, June 20, 1995, p. 16574). Later in the 104th 
Congress several technical changes were effected 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 it 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 it was amended to delete the requirement that a bill be on the 
Corrections




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 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).


[[Page 669]]

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.


900. Calendar Wednesday business.

  6. (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


  (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).


[[Page 670]]

  (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 clause does not apply during the last two weeks of a session 
of Congress.


  (f) The Speaker may not entertain a motion that the Speaker be 
authorized to declare a recess on a Wednesday except during the last two 
weeks of a session of Congress.

  The first portion of this rule (formerly 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). Technical 
corrections to paragraphs (e) and (f) were effected in the 109th 
Congress (sec. 2(l), H. Res. 5, Jan. 4, 2005, p. ----).



Sec. 901. Decisions on Calendar Wednesday.

  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 before 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 671]]

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 clause 4 of rule XIV (formerly clause 4 of rule XXIV), the morning 
hour, and another under Calendar Wednesday (VII, 944). Before the 
adoption of paragraph (c) (the second proviso of former clause 7 of rule 
XXIV), it

  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).

  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 before the Wednesday on which the committee is called (VII, 946).


[[Page 672]]

may be claimed by some Member who is in favor of the bill (VII, 962), 
but this principle has been questioned (VII, 961).
  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




  Clause 2(b) of rule XIII (formerly 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). Before 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).