[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 112th Congress]
[112nd Congress]
[House Document 111-157]
[Rules of the House of Representatives]
[Pages 668-686]
[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 669]]

  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adopted in 1794, which provided that no rule should be rescinded without 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. 3(d), H. Res. 5, Jan. 7, 2003, p. 11). That authority was 
extended by unanimous consent through the last Wednesday in June (Apr. 
30, 2003, p. 10063) and by resolution through the entire 108th Congress 
(H. Res. 297, June 26, 2003, p. 16275). In the 109th Congress, the House 
amended the rule to permit motions to suspend the rules every Wednesday 
(sec. 2(e), H. Res. 5, Jan. 4, 2005, p. 43). 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).



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 
that 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 2(b) of rule IV; V, 
7270), or 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 that 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).


[[Page 670]]




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).
  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; Jan. 22, 2007, p. 
1895) including to the sponsor (July 30, 2010, p. _). However, if a 
special rule requires that 



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 withdraw and modify 
the motion rests with its proponent (May 10, 2006, p. 7807). 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 but 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 the Member 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. The Clerk reports the title of the bill and a 
motion that the measure be read in full is not in order (July 30, 2010, 
p. _). 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).

  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.


[[Page 671]]







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, if 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), and yields to such 
questions of privilege (III, 2553; VI, 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). 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 Committee on Rules. 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; Nov. 2, 2009, 
p. _), 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.

    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).



[[Page 672]]

  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), 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 that had not been referred 
to it (V, 6813) or was not within its jurisdiction (V, 6848).



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).





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 but may not entertain 
any other motion until the vote is taken on the suspension.



[[Page 673]]




adjourn has been acted on, a quorum has failed, 
another motion to adjourn has been admitted (V, 5744-5746).

  This provision (formerly clause 8 of rule XVI) was adopted in 1868 (V, 
5743), and amended in 1911 (VIII, 2823). A technical change was effected 
in the 110th Congress (sec. 505(c), H. Res. 6, Jan. 4, 2007, p. 19 
(adopted Jan. 5, 2007)). 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 




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, pp. 
20850-52, 20862). 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).

  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). Any challenge to 
the Member recognized to control the time in opposition to the motion 
must be made when the time is allocated by the Chair (May 15, 1984, p. 
12215; Speaker Wright, June 2, 1987, p. 14223).



[[Page 674]]


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. 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.

  (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 675]]




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 signatories 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 the signatories a matter of 

  (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.


[[Page 676]]




minutes, one-half in favor of the motion and one-half in 
opposition thereto.
  (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 

  (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 but 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.

  (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.


[[Page 677]]





  (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.

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


[[Page 678]]




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) and a technical correction was effected in the 110th Congress (sec. 
505(d), H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007)). The 
112th Congress clarified that paragraph (c) does not require the 
disclosure of actual signatures (sec. 2(f), H. Res. 5, Jan. 5, 2011, p. 
_).
  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 

  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. 23853). The rule does not authorize 
signature of discharge motions by proxy (VII, 1014). When a Member 
withdraws a 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).

  The death or resignation of a Member who has signed a motion does not 
invalidate the signature (May 31, 1934, p. 10159). It may be withdrawn 
by the Member's 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, pp. 145-56).


[[Page 679]]




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

  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.



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).


[[Page 680]]




business as may be called up by the Committee on Oversight 
and 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.



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 


  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 and 110th Congresses 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; sec. 215(f), H. Res. 6, Jan. 4, 2007, p. 19). 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 Oversight and 
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 Oversight and 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 681]]

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 682]]





  (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 683]]




1997, p. 11015; Nov. 17, 
2003, p. 29279). 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 has discretion to 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 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 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 that 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 in those cases, 
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 
(provided that the Chair has not exercised discretionary authority (Nov. 
17, 1981, p. 27770 (sustained by tabling of appeal)) to dispense with 
the call).




Sec. 898. Former Corrections Calendar.

  For the  former 
Corrections Calendar rule, see Sec. 898 of the House Rules and Manual 
for the 111th Congress (H. Doc. 110-162).



Calendar Call of Committees, Wednesdays


Sec. 899. Former Consent Calendar.

  For the  former Consent 
Calendar rule, see Sec. 899 of the House Rules and Manual for the 111th 
Congress (H. Doc. 110-162).



[[Page 684]]




(except as provided by clause 4 of rule XIV) 
whose chair, or other member authorized by the committee, has announced 
to the House a request for such call on the preceding legislative day.


900. Calendar Wednesday business.

  6. (a)  On Wednesday of 
each week, business shall not be in order before completion of the call 
of those committees 


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

  This clause (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) was adopted January 18, 
1916. The clause was rewritten in the 111th Congress to provide for 
Calendar Wednesday business from a committee only upon its request (sec. 
2(e), H. Res. 5, Jan. 6, 2009, p. _). For a history of the clause as it 
existed before that Congress, and related precedents, see Sec. Sec. 900, 
901 of the House Rules and Manual for the One Hundred Tenth Congress (H. 
Doc. 109-157).



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). The rule does not apply to amendments between 
the Houses, unreported bills, or Senate bills being held at the 
Speaker's desk (Mar. 12, 2008, p. _). House Calendar bills have no 
preference over Union Calendar bills (VII, 938).




[[Page 685]]




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).
  When a bill on the Union Calendar is called up on Calendar Wednesday 
the House automatically resolves itself into the Committee of the Whole 

  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 before 
automatically resolving 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 (formerly clause 4 of rule XXIV), the morning 
hour, and another under Calendar Wednesday (VII, 944) when committees 
are called twice (VII, 924; Mar. 12, 2008, p. _).

  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 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, 
because such a question is privileged under the Constitution (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) (Mar. 28, 1984, p. 6869) and for 
one-minute speeches (Mar. 21, 1984, pp. 6187, 6188; May 7, 2008, p. _) 
before the call of committees on Calendar Wednesday. District of 
Columbia business is eligible for consideration on Calendar Wednesday 
(VII, 937). A motion to adjourn (May 7, 2008, p. _) and the 
administration of the oath (May 7, 2008, p. _; VI, 22) may interrupt the 
call of committees. Once Calendar Wednesday proceedings are completed, 
other business may be conducted (VII, 921).

  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 a Member who is in favor of the bill 
(VII, 962), but this principle has been questioned (VII, 961).


[[Page 686]]




measures approved by the committee and to take such 
necessary steps to bring the matter to a vote, is sufficient authority 
for the chair to call up a properly-noticed bill on Calendar Wednesday, 
but any other committee member must obtain specific authority of the 
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; Apr. 18, 2007, p. 9201). 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 its chair by a committee (IV, 3127).



  Clause 2(b) of rule XIII (formerly clause 2(l)(1) of rule XI), 
requiring the chair of each committee to report or cause to be reported 
promptly