[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 54. Unanimous-Consent Agreements]
[From the U.S. Government Publishing Office, www.gpo.gov]
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CHAPTER 54 - UNANIMOUS-CONSENT AGREEMENTS
HOUSE PRACTICE
Sec. 1. In General; Effect of Agreement
Sec. 2. Recognition of Members for Requests
Sec. 3. Timeliness
Sec. 4. Stating the Request; Withdrawal
Sec. 5. Objecting to the Request
Sec. 6. Reserving Objections
Sec. 7. Particular Uses Relative to Business of the House
Sec. 8. Particular Uses Relative to Business of the Committee of the
Whole
Sec. 9. Limitations on Requests; Grounds for Denial of Recognition
Sec. 10. Modification or Revocation of Agreement
Research References
4 Hinds Sec. Sec. 3058-3060, 3155-3159
7 Cannon Sec. Sec. 758-763
Deschler Ch 23 Sec. Sec. 42-48
Manual Sec. Sec. 528, 872, 950, 956, 978, 993
Sec. 1 . In General; Effect of Agreement
Generally
A request for unanimous consent is in effect a motion to suspend
the order of business temporarily. Granting the request permits some
action that is not in dispute and to which no Member has any
objection. Manual Sec. 872; 4 Hinds Sec. Sec. 3058, 3059; 8 Cannon
Sec. 2794. An objection by any Member terminates the request. Deschler
Ch 23 Sec. 45.6.
The practice of the House in allowing some action to be taken by
unanimous consent began in the 1830's, when the House, responding to
the increased pressure of legislative activity, unanimously agreed to
a special order permitting it to consider a bill which was not in the
regular order of business. 4 Hinds Sec. 3155. This use has now become
commonplace. In the modern practice of the House, many items of
business are considered as a result of unanimous-consent requests. The
device also is used to facilitate
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consideration of measures by waiving the reading or limiting or
extending the time for debate. Sec. Sec. 7, 8, infra; see also
Consideration and Debate.
Availability in the Committee of the Whole
Unanimous-consent requests are in order both in the House and, to
a lesser extent, in the Committee of the Whole. For example, the
Committee may by unanimous consent permit the withdrawal of an
amendment under rule XVIII clause 5, limit debate other than general
debate set by the House, or provide that a bill be considered as read
and open to amendment unless in conflict with a House order or special
rule. Manual Sec. 993; 8 Cannon Sec. 2553. However, unanimous consent
may not be requested in the Committee of the Whole on matters properly
cognizable only in the House. Manual Sec. 993; Deschler Ch 23
Sec. Sec. 48.15, 48.16; Sec. 8, infra.
Sec. 2 . Recognition of Members for Requests
Generally; Speaker's Guidelines
The recognition of Members to offer unanimous-consent requests is
in the discretion of the Chair. Deschler Ch 23 Sec. 45.4. A Member
seeking unanimous consent must be recognized by the Chair for a stated
purpose, and a Member so recognized may not seek the further consent
of the House for some other purpose. Thus, a Member may not be
recognized to consider a particular bill where he has been recognized
only to proceed for one minute. Deschler Ch 23 Sec. 48.3.
The Speaker has announced and enforced a policy of conferring
recognition for unanimous-consent requests for the consideration of
unreported bills and resolutions only when assured that the majority
and minority floor and committee leaderships have no objection. This
policy minimizes attempts to force Members to go on record as
objecting to a variety of unanimous-consent requests. The policy has
been extended to the following:
Requests relating to reported bills.
Requests for immediate consideration of matters (separately
unreported) comprising a portion of a measure already passed by
the House.
Requests to consider a motion to suspend the rules and pass an
unreported bill (on a nonsuspension day).
Requests to permit consideration of (nongermane) amendments to
bills.
Requests to permit expedited consideration of measures on
subsequent days, as by waiving the requirement that a bill be
referred to committee for 30 legislative days before a motion
to discharge may be presented under rule XV clause 2.
Requests relating to Senate-passed bills on the Speaker's
table, including one identical to a House-passed bill and a
Senate concurrent resolution to correct an enrollment.
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Constituent parts of a single request combining final
disposition of several separate measures.
Manual Sec. 956. In addition, with respect to unanimous-consent
requests to dispose of Senate amendments to House bills on the
Speaker's table, the Chair will entertain such a request only if made
by the chairman of the committee with jurisdiction, or by another
committee member authorized to make the request. Manual Sec. 956;
Deschler Ch 21 Sec. 1.23.
The Speaker's enforcement of this policy of recognition is not
subject to appeal. ``Floor leadership'' in this context has been
construed to apply only to the Minority Leader and not to the entire
hierarchy of minority leadership, where the Chair had been assured
that the Minority Leader had been consulted.
It is not a proper parliamentary inquiry to ask the Chair to
indicate which side of the aisle has failed under the Speaker's
guidelines to clear a unanimous-consent request, but the Chair may
indicate his general cognizance of a failure of clearance for the
Congressional Record.
For a discussion of recognition for unanimous-consent requests to
vary procedures in the Committee of the Whole governed by a special
order adopted by the House, see Manual Sec. 993; Sec. 8, infra.
Sec. 3 . Timeliness
Unanimous-consent requests must be timely. Deschler Ch 23
Sec. 45.4. They cannot be entertained:
In the House after the House has voted to go into the
Committee of the Whole. 4 Hinds Sec. 4727.
When the absence of a quorum has been announced in the House.
6 Cannon Sec. Sec. 660, 686, 689.
During proceedings incident to securing a quorum of the
Committee of the Whole. 8 Cannon Sec. 2379.
During the pendency of a unanimous-consent request by another
Member. Deschler Ch 23 Sec. 48.1.
An objection to a unanimous-consent request must be timely. It is
ordinarily too late to object to a unanimous-consent request after the
Chair has asked if there is objection and has announced that he hears
none. Deschler Ch 23 Sec. 45.3. Thus, when unanimous consent has been
given for the consideration of a bill, amendments may be offered and
may not be prevented by a subsequent objection of a Member. 5 Hinds
Sec. 5782.
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Sec. 4 . Stating the Request; Withdrawal
A Member seeking the unanimous consent of the House on some matter
should rise and address the Chair. One request may not include
alternatives (6 Cannon Sec. 709; Deschler Ch 23 Sec. 43.2) or include
a request made contingent upon another (6 Cannon Sec. 709).
It is the Speaker's statement of the request as put to the House
that is controlling, and he may refuse to recognize an objection to
the request made before his statement of the request. Deschler Ch 23
Sec. Sec. 43.1, 45.2.
A Member may withdraw a unanimous-consent request at any time
before House action thereon, and unanimous consent to do so is not
required. Deschler Ch 23 Sec. 43.4.
Sec. 5 . Objecting to the Request
Generally
An objection to a unanimous-consent request terminates the
request, even if the objecting Member attempts to subsequently
withdraw his objection. Deschler Ch 23 Sec. 45.6. Because a request
for unanimous consent is in effect a request to suspend the order of
business temporarily, a demand for the ``regular order'' may be made
at any time while the request is being stated and requires the request
to be disposed of immediately. Manual Sec. 381; 4 Hinds Sec. 3058.
An objection to a unanimous-consent request may be made by any
Member, including the Speaker or the Chairman of the Committee of the
Whole. 8 Cannon Sec. 3383; Deschler Ch 23 Sec. Sec. 42, 45.5. A
Delegate may also object. Manual Sec. 675; 6 Cannon Sec. 241.
When objecting to a unanimous-consent request, a Member must rise
from his seat and be identified for the Congressional Record. Manual
Sec. 872; 2 Hinds Sec. 1137. If the Chair repeats the request, the
objection is properly made to the request as put by the Chair, not as
put by the Member making the request. Deschler Ch 23 Sec. 45.2.
Sec. 6 . Reserving Objections
A Member may reserve the right to object to a unanimous-consent
request and by so doing obtain the floor. Deschler Ch 23 Sec. 42.
However, recognition for this purpose is within the discretion of the
Speaker, and he may refuse to permit debate under the reservation and
put the question on the request. Manual Sec. 872; Deschler Ch 23
Sec. Sec. 46.1, 46.2.
A Member reserving the right to object to a unanimous-consent
request holds the floor under that reservation subject to a demand for
the regular
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order by any Member or by the Chair. Deschler Ch 23 Sec. 46.6. A
Member controlling the floor under a reservation of the right to
object loses the floor if the request is withdrawn or if the regular
order is demanded. 6 Cannon Sec. Sec. 287, 288; Deschler Ch 23
Sec. Sec. 46.3, 46.4. If the regular order is demanded by a Member
standing on his feet, the reserving Member must either object or
withdraw his reservation. Deschler Ch 23 Sec. 46.6.
Sec. 7 . Particular Uses Relative to Business of the House
The unanimous-consent procedure is commonly used to change the
regular order or waive the application of a particular rule. Under
this practice, the House may waive the requirement of a rule unless
the rule in question specifies that it is not subject to waiver, even
by unanimous consent. Deschler Ch 23 Sec. 42. The unanimous-consent
procedure is applied across a wide range of House business.
Unanimous-consent Requests Involving Consideration or Adoption or
Passage of a Measure
Unanimous consent may be used to provide for the consideration of
a measure in the House, to vary the consideration of a measure in the
House that is being considered under the general rules of the House or
under an existing special order of business, or to adopt or pass a
measure. For example, unanimous-consent requests may be used as
follows:
To call up for consideration a nonprivileged measure. Deschler
Ch 23 Sec. 47.4.
To consider a bill under the general rules of the House.
Deschler-Brown Ch 29 Sec. 3.4.
Note: If on the Union Calendar, the bill will then normally be
considered in the Committee of the Whole. However, the bill may be
called up pursuant to the agreement and then by unanimous consent
considered in the House as in the Committee of the Whole. 4 Hinds
Sec. 4923.
To provide a special order for the consideration of certain
business (such as motions to suspend the rules on a day not set
aside for suspensions). 4 Hinds Sec. Sec. 3165, 3166; 7 Cannon
Sec. Sec. 758-760.
To alter the terms of a special order. 7 Cannon Sec. 763.
To transact other business on a day set apart for a special
purpose. 5 Hinds Sec. 7246.
To agree to transact no business during a stated period. 7
Cannon Sec. Sec. 760, 761.
To take from the Speaker's table a House bill with Senate
amendments and to consider those amendments in the House.
Manual Sec. 528a.
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To permit the House to recede from its own amendment to a
Senate amendment before the stage of disagreement. 89-2, Apr.
18, 1966, p 8207.
To permit consideration in the House on any subsequent day of
a bill to be introduced by the Chairman of the Committee on
Appropriations. 97-2, June 23, 1982, p 14989.
To waive all points of order against consideration in the
House of an unreported joint resolution providing further
continuing appropriations for the current fiscal year, consider
it as read for amendment, close it to amendment by ordering the
previous question to passage without intervening motion except
debate and one motion to recommit. 107-2, Sept. 26, 2002, p
____.
To discharge the Committee of the Whole from further
consideration of a bill being read for amendment under a
special order, and provide that certain amendments be
considered as agreed to. 98-1, Nov. 18, 1983, p 34160.
To consider a measure on the Union Calendar in the House by
waiving all points of order against consideration, self-execute
a compromise substitute in lieu of the committee amendments,
and close the measure to amendment by ordering the previous
question on the bill, as amended, to passage without
intervening motion except debate and one motion to recommit
with or without instructions. 106-2, Apr. 13, 2000, p ____.
To consider a measure on the Union Calendar in the Committee
of the Whole under the five-minute rule, waive points of order
against the committee substitute as original text. 106-2, Apr.
13, 2000, p ____.
To adopt or pass, in a single request, several measures,
including any amendments thereto. See, e.g., 107-2, Nov. 14,
2002, p ____.
To enlarge the time for debate on a motion to suspend the
rules. 8 Cannon Sec. 3414.
To specify the time at which a measure is to be called up--
either immediately or on a subsequent day. 106-1, July 22,
1999, p ____.
Unanimous-Consent Requests to Effect a Variety of Business of the
House
In addition to facilitating consideration of legislative matters,
unanimous-consent requests may used be as follows:
To swear in a Member-elect pending arrival of his credentials.
6 Cannon Sec. 12.
To increase the number of Members on a standing committee. 8
Cannon Sec. 3381.
To refer a bill for the payment of a private claim against the
government to a committee other than the Judiciary or
International Relations. Rule XII clause 2(d).
To correct a reference to committee. Manual Sec. 714.
To permit a committee additional time to file a report. 8
Cannon Sec. 2783.
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To insert extraneous material in the Congressional Record or
to permit Members to revise and extend their remarks or to
vacate such permission. 5 Hinds Sec. 6990; Deschler Ch 23
Sec. 47.11.
To postpone consideration of a measure, such as a resolution
from the Committee on Rules, or to postpone certain votes
thereon. Deschler Ch 23 Sec. 47.8.
To entertain a proposition for a recess. 8 Cannon Sec. 3357.
Note: Rule I clause 12 permits the Speaker, without unanimous
consent, to declare a ``short'' recess when no business is pending or
an ``emergency'' recess when notified of an imminent threat.
To suspend the order of business to permit the House to vacate
an action taken on a bill. 6 Cannon Sec. 711.
To withdraw papers accompanying bills after they have been
submitted to the House. 5 Hinds Sec. 7259.
To file a report or to file minority views while the House is
not in session. 8 Cannon Sec. 2252.
To withdraw a report from a standing committee. 8 Cannon
Sec. 2312.
To allow a Member to proceed in order after the Chair has
ruled his words out of order. Manual Sec. 961.
To change unparliamentary words spoken in debate or to
withdraw or delete such words from the Congressional Record. 8
Cannon Sec. Sec. 2538, 2540; Deschler Ch 23 Sec. Sec. 47.9,
47.10.
To address the House for one minute before offering a motion.
Deschler Ch 23 Sec. 47.7.
Sec. 8 . Particular Uses Relative to Business of the Committee of the
Whole
Unanimous-consent requests are frequently used in the House and in
the Committee of the Whole to vary the rules governing consideration
of a measure. However, the Committee of the Whole may by unanimous
consent permit only minor variances from a special order of business
adopted by the House. The variances must be congruent with the special
order governing consideration of the measure in the Committee of the
Whole. Manual Sec. 993.
The following unanimous-consent requests may be considered in the
Committee of the Whole:
To dispense with the first reading of a bill. 8 Cannon
Sec. 2436.
To dispense with the reading of an amendment. Deschler Ch 23
Sec. 47.2.
To withdraw a pending amendment. Rule XVIII clause 4; Manual
Sec. 978.
To offer a perfecting amendment in the Committee of the Whole
to an amendment that has already been agreed to. Deschler Ch 23
Sec. 47.3.
To return to a portion of a bill passed in the reading for
amendment. 8 Cannon Sec. 2929.
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To permit a supporter of an amendment to claim debate time
allocated by special order to an opponent, where no opponent
seeks recognition. Manual Sec. 993.
To shorten the time set by special order for debate on a
particular amendment. Manual Sec. 993.
To lengthen the time set by special order for debate on a
particular amendment under terms of control congruent with
those set by the order of the House. Manual Sec. 993.
To permit one of two committees controlling time for general
debate pursuant to a special order to yield control of its time
to the other. Manual Sec. 993.
To permit the offering of pro forma amendments for the purpose
of debate under a ``modified-closed'' special order limiting
both amendments and debate thereon but not specifically
preempting pro forma amendments. Manual Sec. 993.
To close debate on titles of a bill that have not been read.
Deschler Ch 23 Sec. 47.1.
To close or limit debate under the five-minute rule and to
modify that time limit. Manual Sec. 987.
To permit the reading of an amendment considered as read by
special order. Manual Sec. 993.
Unanimous-consent requests are limited in the Committee of the
Whole because debate and the amendment process are normally restricted
by the terms of a special order or by the standing rules of the House.
The Committee may permit only minor variances that are congruent with
the controlling special order of the House. Unanimous-consent requests
for material alterations must be made in the House. Manual Sec. 993.
The following unanimous-consent requests are not in order in the
Committee of the Whole:
To change the scheme for control or duration of general debate
specified by the House. Manual Sec. 993.
To entertain a motion to reconsider. Deschler Ch 23
Sec. 39.12.
To excuse a Member from voting in the Committee of the Whole.
Deschler-Brown Ch 30 Sec. 3.3.
To permit an amendment to be offered to the underlying bill
where a special rule permitted its consideration only as a
perfecting amendment to a committee amendment. Manual Sec. 993.
To permit a substitute to be read for amendment by section
where the special rule did not so provide. Manual Sec. 993.
To restrict ``en blocking'' authority granted in a special
order. Manual Sec. 993.
To preempt the Chair's discretion under rule XVIII clause 6 to
postpone and cluster votes or to schedule further consideration
of a pending measure to a subsequent day. Manual Sec. 993.
To postpone a vote on an appeal of a ruling of the Chair.
Manual Sec. 993.
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To permit an amendment to an amendment rendered unamendable by
a special order or to permit an amendment to an amendment
already adopted. Manual Sec. 993.
To permit consideration of an amendment out of the order
specified in a special rule. Manual Sec. 993.
To permit consideration of an additional amendment or to
authorize a supplemental report from the Committee on Rules in
lieu of the original report referred to in the special order.
Manual Sec. 993.
To permit another to offer an amendment vested in a specified
Member. Manual Sec. 993.
To permit a division of the question on an amendment rendered
indivisible by a special order. Manual Sec. 993.
To extend the time limitation for consideration of amendments
beyond that set by a special order requiring the Chair to put
the question on the pending amendments at the expiration of
certain hours of consideration. Manual Sec. 993.
To prohibit the offering of an amendment otherwise in order.
Manual Sec. 980.
Sec. 9 . Limitations on Requests; Grounds for Denial of Recognition
It cannot be assumed that the House has authority to waive any
rule by unanimous consent. Sometimes the rule itself contains a
specific provision that it cannot be suspended by unanimous consent.
The rules specifically prohibit the use of the unanimous-consent
procedure as follows:
To permit unauthorized persons to be admitted to the House
floor. Rule IV clause 2.
To bring to the attention of the House an occupant of the
galleries. Rule XVII clause 7.
To delete the name of the first sponsor of a bill or
resolution. Rule XII clause 7(b)(2).
In addition, there are many rules that are not subject to waiver
by unanimous consent under the practice of the House. Deschler-Brown
Ch 29 Sec. 11.1. For example, the following unanimous-consent requests
are not in order in the House:
To permit a Member to have his vote recorded after the
announcement of the result. Deschler-Brown Ch 30 Sec. 36.1.
To extend a five-minute special-order speech or to extend a
special-order speech beyond midnight. Manual Sec. 950.
To permit a Member to give a second one-minute speech. Manual
Sec. 950.
To revise and extend arguments in the Congressional Record on
points of order (it being essential that the Chair's ruling be
responsive to arguments actually made). Manual Sec. 628.
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To insert in the Congressional Record a colloquy between
Members that did not actually occur. Manual Sec. 692.
Requests Denied Recognition at the Speaker's Discretion
The Speaker may decline to recognize for a unanimous-consent
request which is improper or inappropriate under the particular
circumstances, as where proper notice cannot be given to interested
Members. Deschler Ch 23 Sec. 48.2. He may do so by exercising his
discretionary power of recognition. Deschler Ch 23 Sec. 42. Thus the
Speaker may decline to recognize for a unanimous-consent request:
To permit a Member to address the House on a private bill
being considered on the Private Calendar. Deschler Ch 23
Sec. 48.8.
To permit the House to rerefer a bill to a committee whose
chairman has not been consulted on the matter. Deschler Ch 23
Sec. 48.5.
To consider a measure after the Members have been informed
that there will be no further legislative business for the day.
Deschler Ch 23 Sec. Sec. 48.6, 48.7.
To reduce to five minutes the time for the first vote in a
series of postponed votes, because the bell and light system
would not give adequate notice of the initial five-minute vote.
Manual Sec. 1030.
To direct the clerk of a committee, without its approval, to
bring to the well of the House certain documents in the custody
of that committee. Deschler Ch 23 Sec. 48.4.
For a discussion of the Speaker's guidelines for conferring
recognition for unanimous-consent requests for the consideration of
certain measures, see Sec. 2, supra.
Sec. 10 . Modification or Revocation of Agreement
An agreement entered into by unanimous consent may be modified or
vacated by unanimous consent at the pleasure of the House. 7 Cannon
Sec. 946. Thus, by unanimous consent, the House may vacate a previous
unanimous-consent agreement permitting all Members to revise and
extend their remarks on a particular measure. 98-1, Nov. 15, 1983, p
32746. A unanimous-consent agreement also may be revoked pursuant to a
majority vote on a resolution reported from the Committee on Rules as
to the order of business. 8 Cannon Sec. 3390.
It has been held that a so-called ``gentleman's agreement''--that
is, a unanimous-consent agreement not to take up a bill during a
particular period--is not subject to subsequent revision, even by
unanimous consent. Such agreements are said to be observed ``with
scrupulous care,'' especially when Members have left the floor with
the understanding that the bill will
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not be considered in their absence. 6 Cannon Sec. 710a. In the modern
practice of the House, however, the Speaker will not entertain a
unanimous-consent request to preclude him from recognizing for
consideration of a certain matter. Agreement to such a request would
render the restriction an order of the House. The Speaker prefers to
retain the scheduling of legislation as the prerogative of the
majority leadership, subject to the Speaker's guidelines for
unanimous-consent requests as discussed in section 2, supra.