[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 53. Suspension of Rules]
[From the U.S. Government Publishing Office, www.gpo.gov]
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CHAPTER 53 - SUSPENSION OF RULES
HOUSE PRACTICE
Sec. 1. Generally; Motions to Suspend
Sec. 2. Uses of the Motion
Sec. 3. Rules Suspended by Adoption of Motion
Sec. 4. When Motion Is In Order; Notice
Sec. 5. Precedence of Motion; Application of Other Motions
Sec. 6. Offering of Motion; Recognition
Sec. 7. Consideration and Debate
Sec. 8. Amendments
Sec. 9. Withdrawal of Motion
Sec. 10. Voting on Motion
Research References
5 Hinds Sec. Sec. 6790-6862
8 Cannon Sec. Sec. 3397-3426
Deschler Ch 21 Sec. Sec. 9-15
Manual Sec. Sec. 885-891
Sec. 1 . Generally; Motions to Suspend
In General
A motion to suspend the rules is authorized by House rule XV
clause 1, adopted in its original form in 1822. Manual Sec. 885. The
privileged motion is in order only on the days specified by the rule
or by special order of the House. Sec. Sec. 4, 5, infra. Recognition
for the motion is at the discretion of the Speaker. Sec. 6, infra. It
is debatable for 40 minutes, is not amendable, and requires a two-
thirds vote for its adoption. Sec. Sec. 7, 8, 10, infra.
Effect of Special Rules From the Committee on Rules
Rejection of a motion that the House suspend the rules and pass a
bill does not constitute a rejection of the bill. The Speaker may
schedule it again under suspension of rules. 107-2, July 15, 2002,
July 23, 2002, pp ____. The Committee on Rules may report a resolution
authorizing the consideration of such bill. 8 Cannon Sec. 3392;
Deschler Ch 21 Sec. 15.8. The House also may adopt a special rule to
permit suspension motions on other days of the week. Manual Sec. 887.
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Sec. 2 . Uses of the Motion
In General
In the early practice, the motion to suspend the rules was used
only to enable a matter to be taken up. Manual Sec. 886; 5 Hinds
Sec. Sec. 6852, 6853. Under the modern practice, it is possible by one
motion both to bring a matter before the House and to pass it under
suspension of the rules. The proponent moves ``that the House suspend
the rules and pass the bill.'' Manual Sec. 886; 5 Hinds
Sec. Sec. 6846, 6847. In this form, all rules that ordinarily would
impede an immediate vote on passage of a measure are set aside. The
underlying bill is passed without the intervention of questions such
as ordering the previous question, third reading, recommittal, or
division of the question. Sec. 5, infra.
A motion to suspend the rules may provide for passage of an
unreported bill. 5 Hinds Sec. 6850. Indeed, the motion to suspend may
provide for a series of procedural steps, such as the reconsideration
of the vote passing a bill, the amendment of the bill, and its passage
again. 5 Hinds Sec. 6849. Forms for offering motion, see Sec. 6,
infra.
To Pass Legislative Measures
Under the modern practice, the motion to suspend the rules is used
frequently to pass reported legislative measures that are perceived to
have a broad degree of support and little need for prolonged debate.
It also is available to bring before the House bills that would
otherwise be subject to a point of order. 8 Cannon Sec. 3424; Deschler
Ch 21 Sec. 9. The motion may provide for the passage of a bill, even
if the bill has not been reported or referred to any calendar or
previously introduced. Manual Sec. 886; 8 Cannon Sec. 3421. Following
are some examples of measures considered under suspension of the
rules:
An amendment to the Constitution (both the motion and the
amendment requiring a two-thirds vote). Deschler Ch 21
Sec. 9.21.
A bill or resolution submitted from the floor and not
considered by a committee. Deschler Ch 21 Sec. 9.19.
A bill that is pending before a committee but that has not
been reported. Deschler Ch 21 Sec. 9.
A Senate bill. Deschler Ch 21 Sec. 9.3.
An amendment to a Senate bill and a motion to insist on the
House amendment and request a conference. 103-2, Mar. 24, 1994,
p 6515.
A resolution to disagree to a Senate amendment to a House
joint resolution and agree to a request for a conference.
Deschler Ch 21 Sec. 9.13.
A conference report. 8 Cannon Sec. Sec. 3406, 3423.
A motion to recommit a conference report. Deschler Ch 21
Sec. 9.5.
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A motion to agree to Senate amendments. 8 Cannon Sec. 3425.
A resolution to concur in a Senate amendment to a House bill
with a further House amendment. Manual Sec. 886.
A motion to reconsider the vote by which a bill passed, amend
the bill, and pass the bill again. 5 Hinds Sec. 6849.
A motion to take a measure from the table. 5 Hinds
Sec. Sec. 5640, 6288.
A bill consisting of the text of two bills previously passed
by the House. Manual Sec. 886.
If a motion to suspend the rules and pass a proposition is
rejected, a similar proposition may be brought up under another motion
to suspend the rules (107-2, July 15, 2002, July 23, 2002, pp ____) or
pursuant to a special rule from the Committee on Rules (Deschler Ch 21
Sec. Sec. 15.7, 15.8).
To Provide Special Orders
In the early practice of the House, the motion to suspend the
rules was used frequently to adopt special orders of business. 5 Hinds
Sec. 6820 (note). Today, special orders of business usually are
adopted by a simple majority vote of the House on a report from the
Committee on Rules. 4 Hinds Sec. 3169; 5 Hinds Sec. 6790. Special
orders of business also are often adopted by unanimous consent. See
Unanimous-Consent Agreements. However, motions to suspend the rules
still may be used to consider the following:
A request to repeal or change a rule of the House. 5 Hinds
Sec. 6862.
A request to permit several bills to be reported. 5 Hinds
Sec. 6857.
A resolution extending the time for debate on a motion.
Deschler Ch 21 Sec. 9.18.
Sec. 3 . Rules Suspended by Adoption of Motion
In General
If not otherwise qualified or if not specifically prohibited by
House rule, a motion to suspend the rules suspends all rules,
including the standing rules of the House, the unwritten law and
practice of the House, and the parliamentary rules stated in
Jefferson's Manual. 5 Hinds Sec. 6796; 8 Cannon Sec. 3406. The motion
may be used to suspend a rule requiring that a quorum be present when
a bill is reported from committee. Manual Sec. 886. No points of order
against the consideration of the bill may be raised, such as points of
order based on defects in reporting the bill, Ramseyer rule
violations, or the like. Deschler Ch 21 Sec. Sec. 9.7-9.12.
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Rules Not Subject to Suspension
Certain rules are not subject to suspension. 5 Hinds
Sec. Sec. 7270, 7283, 7285. Among these rules are:
The rule relating to the use of the Hall of the House. Manual
Sec. 677.
The rule relating to the privileges of the floor. Manual
Sec. 678.
The rule prohibiting the introduction of occupants of the
gallery. Manual Sec. 966.
Sec. 4 . When Motion Is In Order; Notice
Under rule XV clause 1, the motion to suspend the rules is in
order only on the calendar days of Monday and Tuesday and during the
last six days of a session. Manual Sec. 885. However, the Speaker may
be authorized to recognize for motions to suspend the rules on other
days by unanimous consent or by special order of business. Manual
Sec. 887; Deschler Ch 21 Sec. Sec. 10.2, 10.3. The House adopted an
order for the first session of the 108th Congress permitting the
Speaker to entertain motions that the House suspend the rules on
Wednesdays through the second Wednesday in April as though under rule
XV clause 1. The ``last six days'' are not applicable until both
Houses have agreed to a concurrent resolution establishing a date for
sine die adjournment (or until the final six days of a session under
the Constitution). Deschler Ch 21 Sec. 10.9.
Notice Requirements
The rules of the House require no advance notice to Members of
bills called up under suspension. Manual Sec. 887. Copies of reports
on bills considered under suspension are not required to be available
in advance. Manual Sec. 889. However, most bills considered in the
House pursuant to a motion to suspend the rules are on a list
maintained by the leadership that identifies those bills on which
motions to suspend will be entertained by the Speaker on a given day.
This informal list is maintained to give appropriate notice to the
Members, and ordinarily only such bills as have been cleared with the
leadership through this procedure are brought up under suspension.
Deschler Ch 21 Sec. 9. A special order of business providing an
additional day for the consideration of motions to suspend the rules
may require advance notice of one hour on the floor. If so, unanimous
consent is required to permit the Chair to entertain the motion prior
to that time. Manual Sec. 887.
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Sec. 5 . Precedence of Motion; Application of Other Motions
When the Motion Takes Precedence
The motion to suspend the rules and pass a measure is privileged
in the House if made on a day on which the Speaker is authorized to
recognize for such motions. Manual Sec. 887. Thus the Speaker may
recognize for such a motion notwithstanding the pendency on Monday of
a request for recognition to consider District of Columbia business,
the matters being of equal privilege. Deschler Ch 21 Sec. 10.7.
A motion to suspend the rules may be entertained even where the
yeas and nays have been demanded on another highly privileged motion
or the previous question has been ordered on another matter. 5 Hinds
Sec. Sec. 6827, 6831-6833, 6835; 8 Cannon Sec. 3418.
When Motion Yields
When a question of the privileges of the House (such as an
election contest), is pending that question takes precedence over a
motion to suspend the rules. 5 Hinds Sec. 6825. Similarly, if a
question concerning the administration of the oath of office of a
Member is pending, a motion to suspend the rules is not in order. 5
Hinds Sec. 6826. The motion also yields to the consideration of a bill
under a special order (5 Hinds Sec. 6838), motions from the Discharge
Calendar (7 Cannon Sec. 1018), and the motion to adjourn (5 Hinds
Sec. Sec. 5743-5746). However, pending a motion to suspend the rules,
only one motion to adjourn is in order, unless the failure of a quorum
is demonstrated. 5 Hinds Sec. Sec. 5744, 5746; 8 Cannon Sec. 2823;
Deschler Ch 21 Sec. 13.16. Because a resolution raising a question of
the privileges of the House takes precedence over a motion to suspend
the rules, such resolution may be offered and voted on between motions
to suspend the rules on which the Speaker has postponed record votes
until after debate on all suspensions. Manual Sec. 709.
Because two motions to suspend the rules cannot be pending at the
same time, a pending motion must be disposed of before another one may
be entertained by the Chair. 5 Hinds Sec. 6814, 6837.
Application of Other Motions
Many motions that commonly are offered during the consideration of
a measure are inapplicable to the motion to suspend. The motion to
suspend may not be tabled (5 Hinds Sec. 5406), postponed by motion (5
Hinds Sec. 5322), recommitted (5 Hinds Sec. 6860), or divided for a
vote (5 Hinds Sec. Sec. 6141-6143, 6860). The motion to amend may not
be applied to a motion to suspend the rules. 5 Hinds Sec. 5405. The
motion for the previous question is not appli
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cable to a proposition being considered under suspension. Deschler Ch
21 Sec. 13.17.
The motion to reconsider may not be applied to a negative vote on
the motion to suspend. Manual Sec. 886; 5 Hinds Sec. 5645; 8 Cannon
Sec. 2781.
Sec. 6 . Offering of Motion; Recognition
The Speaker's Discretion
On suspension days, recognition for a motion to suspend the rules
lies entirely within the discretion of the Speaker. 5 Hinds
Sec. Sec. 6791-6794; 8 Cannon Sec. Sec. 3402-3404; Deschler Ch 21
Sec. Sec. 11.4-11.6. In the exercise of his discretion, the Speaker
may recognize for a motion to suspend the rules on a bill, even though
the House previously has rejected a similar motion on the same bill.
Deschler Ch 21 Sec. 11.9.
Measures called up under suspension normally are cleared with the
leadership, and the Speaker may decline recognition for a motion that
does not comply with this practice. Deschler Ch 21 Sec. 11.6. However,
he has the discretion to recognize for a motion to suspend the rules
and pass legislation that has not been scheduled in advance. Deschler
Ch 21 Sec. 9.22; Sec. 4, supra.
Before 1991 the motion to suspend the rules required a second, so
that the House, without debate, could decline to entertain the motion.
A second usually was considered ordered by unanimous consent. However,
if challenged, the question was resolved by a vote with tellers.
Manual Sec. 889.
The Speaker ordinarily extends recognition to the chairman or
other member of the committee having jurisdiction over the subject
matter of the proposition and not to the original sponsor of the
measure. Deschler Ch 21 Sec. Sec. 11.10-11.13. The chairman does not
require the authorization of his committee to so move. Deschler Ch 21
Sec. 11.11.
Forms
Mr. Speaker, I move that the House suspend the rules and pass the
bill, H.R. __________ [as amended].
Note: The title of the bill is read by the Clerk; the Member's
motion need not recite the title.
Mr. Speaker, I move that the House suspend the rules and agree to
House Resolution __________ [as amended].
Mr. Speaker, I move that the House suspend the rules and concur in
the Senate amendment to the bill H.R. __________.
Mr. Speaker, I move that the House suspend the rules and adopt [or
recommit] the conference report on H.R. __________.
Mr. Speaker, I move that the House suspend the rules and agree to
the resolution I send to the desk.
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Sec. 7 . Consideration and Debate
Reading Requirements
Under the early practice, it was held that the motion to suspend
the rules did not dispense with the reading of the bill thereby called
up for consideration. 5 Hinds Sec. 5277; 8 Cannon Sec. 3400. However,
under the modern practice, the motion itself is recited by the
proponent and the title is read by the clerk. Other reading
requirements are deemed waived. Manual Sec. 886; Deschler Ch 21
Sec. 14.4.
Debate
Under rule XV clause 1(c), motions to suspend the rules are
debatable for 40 minutes, equally divided between the proponent of the
motion and an opponent. Manual Sec. 891. This is so, even though the
proposition presented is itself not otherwise debatable. 5 Hinds
Sec. 6822. If it develops that the mover is opposed to the bill, a
Member in favor may be recognized for debate. 8 Cannon Sec. 3416. A
Member rising to claim the time in opposition may be challenged by
another Member:
Member: Is the gentleman seeking recognition opposed to the
motion? If not, I demand the time in opposition.
Following are the priorities in recognition for control of time in
opposition to a motion to suspend the rules:
Opponents have priority.
Among opponents, members of the committee of jurisdiction have
priority.
Among committee members opposed, minority members have
priority in order of full-committee seniority.
5 Hinds Sec. 6802; 8 Cannon Sec. 3415. The Chair will not examine the
degree of a Member's opposition to the motion. Manual Sec. 891.
The allocation of the time is within the discretion of the Members
controlling it. Deschler Ch 21 Sec. 13.10. Alternation of recognition
between Members on both sides of the aisle is not required. 2 Hinds
Sec. 1442; Deschler Ch 21 Sec. 13.9. No Member may speak in debate on
the motion unless he is yielded time by a Member in control of the
time. Deschler Ch 21 Sec. 13.7. Time yielded to a Member may not be
reserved or yielded to a third Member. Deschler Ch 21 Sec. 13.5.
The proponent of the motion is entitled to open and close debate
in favor of the motion. Deschler Ch 21 Sec. Sec. 13.13, 13.14.
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. Manual Sec. 948.
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The House may by unanimous consent or resolution alter the normal
procedure for debate on the motion. In so doing, the House may extend
the time for debate or designate the Members to control the time. 8
Cannon Sec. 3414; Deschler Ch 21 Sec. Sec. 13.3, 13.18. Where debate
is extended by unanimous consent, the Chair divides the time in the
same ratio as during the 40 minutes of debate allowed by the rule. If
time is extended by unanimous consent, the Chair may divide that time
equally between the proponent and the opponent. 8 Cannon Sec. 3415.
Sec. 8 . Amendments
Amendments from the floor are not in order to propositions being
considered for passage under suspension of the rules. 5 Hinds
Sec. Sec. 5405, 6858, 6859; Deschler Ch 21 Sec. 14.8. Only those
amendments included in the motion to suspend are in order, and the
Member offering the motion may not yield to other Members for further
amendment. Deschler Ch 21 Sec. 14.6. This prohibition against offering
amendments applies to pro forma amendments and to motions to strike
the enacting clause. Deschler Ch 21 Sec. Sec. 14.11, 14.12. After a
motion to suspend the rules and pass a bill has been offered, it may
be amended either by withdrawing the motion and reoffering it in new
form; or the manager of the motion may modify it by unanimous consent.
Deschler Ch 21 Sec. 14.3; 107-1, Dec. 5, 2001, p ____.
The bill and any proposed amendments in the motion are reported
(usually by title only) and considered as one entity and are printed
in the Congressional Record in full. Amendments are not voted on
separately. Deschler Ch 21 Sec. Sec. 14.4, 15.5. Committee approval of
such amendments is not required. Manual Sec. 886; Deschler Ch 21
Sec. 14.2.
Sec. 9 . 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. 5 Hinds
Sec. Sec. 6840, 6844; 8 Cannon Sec. Sec. 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. 10 . Voting on Motion
In General
Rule XV clause 1(a) requires a two-thirds vote for the adoption of
a motion to suspend the rules. Manual Sec. 885. That requirement is
construed as two-thirds of the Members present and voting for or
against the motion
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(votes of those ``present'' are not counted except to establish the
required quorum). Deschler Ch 21 Sec. 15.2 (note).
The motion to reconsider may not be applied to a negative vote on
the motion because such disposition is not final; that is, an
identical motion may be entertained. Sec. 1, supra. The motion to
reconsider may be applied to an affirmative vote on the motion. Manual
Sec. 886.
Postponing Votes
A record vote on a motion to suspend the rules may be postponed by
the Speaker under the conditions specified by rule XX clause 8. Under
this rule, the Speaker may postpone such a vote to a designated time
or place in the legislative schedule within two legislative days. The
Chair's customary announcement of his intent to postpone, which is
made before consideration of a series of motions, is not a necessary
prerequisite to his postponement authority. Manual Sec. 1030. At the
designated time, the Speaker puts the question on each motion on which
further proceedings have been postponed. Normally, the questions are
put in the order in which the motions were entered. Postponing votes
generally, see Voting.
Once the Speaker has postponed record votes to occur at a
designated place in the legislative schedule, he may redesignate the
time when the votes will be taken within the appropriate period.
Manual Sec. 1030.
Where proceedings are postponed for a de novo vote by voice in
response to a point of no quorum, the question is no longer being put
to a vote for purposes of permitting a point of order of no quorum
until the question recurs as unfinished business. 95-1, Sept. 26,
1977, p 30948. It is too late to demand a record vote on the motion
after the Speaker has announced that further proceedings on that
motion have been postponed. The demand is not in order until the
motion is again before the House as unfinished business. 93-2, June
17, 1974, p 19334.