[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 40. Private Calendar]
[From the U.S. Government Printing Office, www.gpo.gov]
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CHAPTER 40 - PRIVATE CALENDAR
HOUSE PRACTICE
Sec. 1. In General
Sec. 2. Calling the Calendar; When in Order
Sec. 3. Waivers; Dispensing with the Call
Sec. 4. Objections; Screening Procedures
Sec. 5. Consideration and Debate
Sec. 6. Omnibus Private Bills
Sec. 7. Disposition of Unfinished Business
Sec. 8. House-Senate Action on Private Bills
Research References
4 Hinds Sec. Sec. 3266-3303
7 Cannon Sec. Sec. 846-871
Deschler Ch 22 Sec. Sec. 10-14
Manual Sec. Sec. 895-897
Sec. 1 . In General
Usage and Purpose; Referrals to the Calendar
The Private Calendar is used to facilitate the consideration of
bills that are limited in their applicability to particular
individuals or entities. Deschler Ch 22 Sec. 10.
A formal calendar for private bills was established by rule during
the 62d Congress. Before that time, private bills had been considered
pursuant to special rules from the Committee on Rules. Manual
Sec. 896. Today, private bills when favorably reported are delivered
to the Clerk for reference to the Private Calendar under the direction
of the Speaker. Manual Sec. Sec. 828, 831. The Speaker may correct the
erroneous referral of a private bill to the Union Calendar or that of
a public bill to the Private Calendar. Manual Sec. 828; 7 Cannon
Sec. 859.
Generally, the Private Calendar and unanimous consent requests are
the exclusive procedures for consideration of private bills. The
Speaker does not schedule them under suspension of the rules.
Measures Eligible
Resolutions as well as bills may be considered pursuant to the
Private Calendar rule. Rule XV clause 5. The use of omnibus private
bills--that is,
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the consolidation into one bill of numerous private bills that have
been objected to by two or more Members when first called on the
calendar--has been permitted under the rules since 1935. Manual
Sec. 895. The validity of this consolidation procedure has been
sustained. Deschler Ch 22 Sec. 13.1.
Rule XII clause 4 prohibits the introduction of certain private
bills. See Bills and Resolutions.
Sec. 2 . Calling the Calendar; When in Order
The Private Calendar is called up on the first and third Tuesdays
of the month after the disposal of ``such business on the Speaker's
table as requires reference only. . . .'' Manual Sec. 895. The calling
of the calendar is mandatory on the first Tuesday unless specifically
dispensed with by the House and, within the Speaker's discretion, on
the third Tuesday. Deschler Ch 22 Sec. 11.
On the first Tuesday of the month, after disposition of matters
requiring referral but before beginning the call, the Speaker has
recognized a Member to call up a conference report (Deschler Ch 22
Sec. 11.12), for a motion for a call of the House (100-1, July 8,
1987, p 18972), and for a unanimous-consent request (Deschler Ch 22
Sec. 11).
The call has been entertained before the Speaker recognized for a
privileged motion to discharge a committee from a resolution of
inquiry (Deschler Ch 24 Sec. 8.7) and before the consideration of a
veto message carried over as unfinished business (94-1, Oct. 7, 1975,
pp 32036-41).
On the third Tuesday, because the call is discretionary, the
Speaker may entertain a unanimous-consent request for business not
otherwise privileged, and the call does not displace other privileged
business. Deschler Ch 22 Sec. 11.3.
Sec. 3 . Waivers; Dispensing with the Call
Deviations from the Private Calendar rule have been permitted by
special order or by unanimous consent. By such means the House may:
Permit a private bill to be considered at a time other than
that specified by the rule. Deschler Ch 22 Sec. Sec. 11.5-11.7.
Transfer the entire calendar to days other than those
specified. Deschler Ch 22 Sec. 11.8.
Dispense with the calendar altogether during a particular
week. Deschler Ch 22 Sec. 4.2.
Take up other specified business during the time for the call
of the calendar. Deschler Ch 22 Sec. 11.11.
Recommit a private bill on the calendar to committee. Deschler
Ch 22 Sec. 12.7.
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Restore to the calendar measures stricken therefrom. Deschler
Ch 22 Sec. Sec. 12.13-12.15.
Rescind actions previously taken in connection with the
calendar. Deschler Ch 22 Sec. Sec. 12.16, 12.17.
Rule XV clause 5 specifically provides for a privileged motion to
dispense with all or part of the call of the Private Calendar by a
two-thirds vote. Manual Sec. 895; Deschler Ch 22 Sec. 11.1. The motion
is debatable for 10 minutes, divided between the proponent and an
opponent of the motion. Manual Sec. 895.
Sec. 4 . Objections; Screening Procedures
Under rule XV clause 5, a bill called on the Private Calendar on
the first Tuesday of the month that is objected to by two or more
Members is automatically recommitted to the committee reporting it. On
the third Tuesday of each month the same procedure is followed, with
the exception that omnibus private bills are in order regardless of
objection. See Sec. 6, infra.
The Majority Leader and the Minority Leader each appoint three
Members to serve as Private Calendar objectors during a Congress.
Deschler Ch 22 Sec. 15.3. These official objectors screen all bills
that are placed on the calendar. When the calendar is called, the
objectors may oppose or delay the consideration of any private bill
that they feel is objectionable for any reason. The objectors may
adopt and announce specific criteria that must be satisfied if a
private bill is to be called up for consideration on the calendar.
Manual Sec. 896. For example, the objectors may require that a measure
be on the calendar for at least seven days before being considered.
Deschler Ch 22 Sec. 12.1.
Form
Speaker: This is the day for the call of the Private Calendar. The
Clerk will call the first bill on the Private Calendar.
[The Clerk calls the first bill by calendar number and title.]
Speaker: Is there objection to the consideration of the bill?. .
.The Chair hears none. The Clerk will report the committee
amendments. [The Clerk reads the amendments.]
Speaker: Without objection, the amendments are agreed to, the
House bill is engrossed, read a third time and passed, and a motion
to reconsider is laid on the table.
[Or]
(If at least two Members object) Speaker: Two objections are
heard, and the bill is recommitted.
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Sec. 5 . Consideration and Debate
Bills
The Speaker may not entertain a reservation of the right to object
to the consideration of a bill or resolution on the Private Calendar.
Manual Sec. 895. Bills called up from the Private Calendar are
considered in the House as in the Committee of the Whole. Debate on
bills in that forum is under the five-minute rule. However, where a
private bill is considered independently of the calendar, pursuant to
a special rule from the Committee on Rules, the House may provide for
consideration in the House or in the Committee of the Whole. Deschler
Ch 22 Sec. 11.5. If a private bill is being considered in the House,
debate follows the hour rule. Deschler Ch 22 Sec. 13.6.
Amendments
Amendments to bills called on the Private Calendar are debated
under strict five-minute rule, with debate limited to five minutes in
favor of and five minutes in opposition to an amendment. Recognition
in opposition to such an amendment goes first to a member of the
committee reporting the bill. Deschler Ch 22 Sec. 13.2. Recognition of
Members seeking to extend the debate time ordinarily will be declined.
Deschler Ch 22 Sec. Sec. 13.4, 13.5. Pro forma amendments are not in
order. Deschler Ch 22 Sec. Sec. 13.13-13.17.
Motions to Strike the Enacting Clause
A motion to strike the enacting clause is in order during the
consideration of a private bill, including an omnibus private bill. 8
Cannon Sec. 2786; Deschler Ch 22 Sec. 13.10. Such motion takes
precedence over an amendment to strike a title of the bill and is
debatable under the five-minute rule. Deschler Ch 22 Sec. Sec. 13.11,
13.12.
Passing Over Calendared Measures
The House by unanimous consent may provide that a bill be passed
over without prejudice. Deschler Ch 22 Sec. Sec. 12.4-12.6. Such a
bill retains its place on the calendar. A request that the bill be
passed over comes too late after committee amendments to the bill have
been adopted. 96-1, Dec. 18, 1979, pp 36758, 36759.
Form
Speaker: Today is the day for the call of the Private Calendar.
The Clerk will call the first bill on the Private Calendar.
[The Clerk calls the first bill by calendar number and title.]
Member: Mr. Speaker, I ask unanimous consent that this bill be
passed over without prejudice.
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Sec. 6 . Omnibus Private Bills
Generally
Omnibus private bills consist of individual private bills
previously recommitted after two objections and grouped together under
a single bill number for rereporting, consideration, and passage. They
are in order on the third Tuesday only, but they may be considered on
the first Tuesday by unanimous consent. Deschler Ch 22 Sec. 11.2. If
an omnibus bill is passed by the House, it is resolved into individual
bills for transmittal to the Senate and subsequently to the President.
Manual Sec. Sec. 895, 897.
Consideration and Debate
Omnibus private bills have preference over individual private
bills on the calendar on the third Tuesday. Deschler Ch 22 Sec. 11.4.
Such bills are read by paragraph, and no amendments are entertained
except to strike or reduce monetary amounts or provide limitations.
Matters so stricken may not again be included in an omnibus bill
during the session. Manual Sec. 895. Where an omnibus private bill
improperly includes an individual private bill previously laid on the
table, the Chair on presentation of a point of order may order the
individual bill stricken from the omnibus bill. Deschler Ch 22
Sec. 13.18.
Under rule XV clause 5, the Speaker may not entertain a
reservation of the right to object to the consideration of an omnibus
private bill. Amendments to measures on the Private Calendar are
debatable under the five-minute rule. Debate is limited to ten
minutes, divided between the proponent and an opponent. The rule does
not admit a pro forma amendment or an extension of time under the
five-minute rule. Deschler Ch 22 Sec. Sec. 13.2-13.5.
Sec. 7 . Disposition of Unfinished Business
Private Calendar bills unfinished on one Tuesday go over to the
next Tuesday on which such bills are in order and are considered
before the call of the other bills on the calendar. 7 Cannon Sec. 854.
Unfinished omnibus bills follow the same procedure and go over until
the next Tuesday on which that class of business is again in order.
Deschler Ch 22 Sec. 11.13. However, when the previous question is
ordered on a private bill, and the bill remains unfinished at
adjournment, the bill comes up for disposition on the next legislative
day. 8 Cannon Sec. Sec. 2334, 2694.
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Sec. 8 . House-Senate Action on Private Bills
As in the case of public bills, Private Calendar bills are
messaged to the Senate after passage by the House. Omnibus bills on
their passage are resolved into several separate bills of which they
are composed and are messaged to the Senate as individual bills and
not as an omnibus bill. Manual Sec. 895; Deschler Ch 22 Sec. 14.1.
If amended by the Senate, further consideration and disposition by
the House is effected by unanimous consent or by a special rule. The
House has, by suspension of the rules, adopted a resolution agreeing
to an unrelated Senate amendment of a public character to a private
bill. Deschler Ch 22 Sec. 14.7. This is an exception from the general
practice that the Speaker will not schedule private bills under
suspension of the rules.
After passage in the House of an omnibus private bill, Senate
bills pending on the Speaker's table that are identical or similar to
those contained therein may be disposed of in the House by unanimous
consent. Similarly, after disposition in the House of a private Senate
bill, a similar House bill may be laid on the table by unanimous
consent. This procedure is followed so that two measures involving the
same private relief will not be messaged to the Senate. Deschler Ch 22
Sec. 14.3.