[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]
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. 872, 950, 956, 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 in the House of allowing some actions 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 of business 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
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to facilitate 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 clause 5 of rule XVIII, 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 order of business. Manual Sec. 993; 8 Cannon Sec. 2553.
However, unanimous consent may not be requested in the Committee of
the Whole on matters properly addressed 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 such Member has been
recognized only to speak 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 clause 2 of rule XV.
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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.
Constituent parts of a single request combining final
disposition of several separate measures.
For further examples, see 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 chair 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 given consent.
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 the absence of such 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 of business 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 the Chair
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. The Chair may decline to entertain
a request that includes alternatives (6 Cannon Sec. 709; Deschler Ch
23 Sec. 43.2) or includes 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 the Speaker may refuse to recognize an
objection to the request made before such 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 the 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 chair 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
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. 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 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
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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, the reserving Member
must either object or withdraw the 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 consider 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 of business. 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 a Senate
amendment and to consider such an amendment in the House.
Manual Sec. 528a.
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 chair of the Committee on
Appropriations. 97-2, June 23, 1982, p 14989.
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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
18146.
To discharge the Committee of the Whole from further
consideration of a bill being read for amendment under a
special order of business, 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 5566.
To adopt or pass, in a single request, several measures,
including any amendments thereto. See, e.g., 107-2, Nov. 14,
2002, p 22513.
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 17309.
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 the requisite
credentials. 6 Cannon Sec. 12.
To refer a bill for the payment of a private claim against the
government to a committee other than the Judiciary or Foreign
Affairs. Clause 2(d) of rule XII.
To correct a reference to committee. Manual Sec. 714.
To permit a committee additional time to file a report. 8
Cannon Sec. 2783.
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: Clause 12 of rule I permits the Speaker, without unanimous
consent, to declare a ``short'' recess when no
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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 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 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 of business 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. Clause 5 of rule XVIII;
Manual Sec. 978.
To return to a portion of a bill passed in the reading for
amendment. 8 Cannon Sec. 2929.
To permit a supporter of an amendment to claim debate time
allocated by special order of business to an opponent, where no
opponent seeks recognition. Manual Sec. 993.
To shorten the time set by a special order of business for
debate on a particular amendment. Manual Sec. 993.
To lengthen the time set by a special order of business 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 of business to yield control
of its time to the other. Manual Sec. 993.
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To permit the offering of pro forma amendments for the purpose
of debate under a ``modified-closed'' special order of business
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 of business. 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 (except to allow transfers of time among
committees allotted time 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 order of business 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 order of business did not so provide. Manual
Sec. 993.
To restrict ``en blocking'' authority granted in a special
order of business. Manual Sec. 993.
To preempt the Chair's discretion under clause 6 of rule XVIII
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.
To permit an amendment to an amendment rendered unamendable by
a special order of business 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 order of business. 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 of
business. Manual Sec. 993.
To permit another to offer an amendment where the special
order of business vested the authority to offer such amendment
in a specified Member. Manual Sec. 993.
To permit a division of the question on an amendment rendered
indivisible by a special order of business. Manual Sec. 993.
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To extend the time limitation for consideration of amendments
beyond that set by a special order of business 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 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. Clause 2 of rule IV.
To bring to the attention of the House an occupant of the
galleries. Clause 7 of rule XVII.
To delete the name of the first sponsor of a bill or
resolution. Clause 7(b)(2) of rule XII.
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 Members to record their votes after the announcement
of the result. Deschler-Brown Ch 30 Sec. 36.1.
To extend a special-order speech beyond the cut-off time
specified in the Speaker's announced policies. 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.
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 that is improper or inappropriate under the particular
circumstances, as where proper notice cannot be given to interested
Members. Deschler Ch 23 Sec. 48.2. The Speaker may do so by exercising
the discretionary power of
[[Page 900]]
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 (proceedings which
normally preclude debate). Deschler Ch 23 Sec. 48.8.
To permit the House to rerefer a bill to a committee whose
chair 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
remove from committee offices certain documents and bring such
documents to the well of the House 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.
The Speaker will not entertain a unanimous-consent request to
preclude recognition 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.