[Deschler's Precedents, Volume 7, Chapters 22 - 25]
[Chapter 22. Calendars]
[C. Private Calendar; Private Bills]
[§ 12. Objections; Disposition]
[From the U.S. Government Publishing Office, www.gpo.gov]
[Page 4492-4499]
CHAPTER 22
Calendars
C. PRIVATE CALENDAR; PRIVATE BILLS
Sec. 12. Objections; Disposition
When a bill is called on the Private Calendar two methods are
available to prevent its consideration. The bill can be passed over or
recommitted by unanimous consent,(14) or if two objections
are heard the measure is automatically recommitted to the committee
which reported it.(15) To this latter purpose the leadership
of each party appoints official objectors in each Congress to screen
measures on the calendar.(16)
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14. See Sec. Sec. 12.4-12.7, infra.
15. Rule XXIV clause 6, House Rules and Manual Sec. 893 (1981).
16. See Sec. Sec. 12.2, 12.3, infra.
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The House has used the unanimous-consent request procedure to
restore measures to the calendar or to rescind actions previously
taken.(17)
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17. See Sec. Sec. 12.14-12.17,
infra. -------------------
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Objections Based on Seven-day Requirement
Sec. 12.1 In taking up the Private Calendar, the official objec
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tors may limit consideration to measures that have been on the
calendar for at least seven days before being called.
On Mar. 2, 1965,(18) Mr. Edward P. Boland, of
Massachusetts, announced the policy of the official objectors, both
minority and majority, regarding the Private Calendar. Mr. Boland said:
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18. 111 Cong. Rec. 3914, 3915, 89th Cong. 1st Sess.
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. . . [T]he members of the majority and minority Private
Calendar objectors committees have today agreed that during the
89th Congress they will consider only those bills which have been
on the Private Calendar for a period of 7 calendar days, excluding
the day the bills are reported and the day the Private Calendar is
called. . . .
This policy will be strictly observed except during the closing
days of each session when House rules are suspended.(19)
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19. See also 115 Cong. Rec. 6656, 91st Cong. 1st Sess., Mar. 18, 1969;
and 103 Cong. Rec. 2249, 2250, 85th Cong. 1st Sess., Feb. 19,
1957.
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Appointment of Official Objectors
Sec. 12.2 Appointments of official objectors for the Private Calendar
were announced by the Majority and Minority Leaders.
On Feb. 19, 1945,(20) Majority Leader John W. McCormack,
of Massachusetts, announced the appointment for the Private Calendar of
the objectors' committee on the Democratic side, consisting of three
members.
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20. 91 Cong. Rec. 1255, 79th Cong. 1st Sess.
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Minority Leader Joseph W. Martin, Jr., of Massachusetts, announced
the establishment of two objectors' on the Republican side for the
Private Calendar.
Replacement of Objector
Sec. 12.3 An objector on the Private Calendar having been appointed to
a subcommittee of the Committee on the Judiciary, a replacement was
designated by the Minority Leader.
On Feb. 10, 1965,(1) Minority Leader Gerald R. Ford, of
Michigan, made the following announcement:
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1. 111 Cong. Rec. 2468, 89th Cong. 1st Sess.
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Mr. Speaker, the gentleman from Michigan [Mr. Hutchinson] is a
member of the subcommittee of the Judiciary Committee which handles
private claims, and that seems to be incompatible with his service
on the Private Calendar objectors' committee.
At his request he is being relieved of his assignment on the
Private Cal
[[Page 4494]]
endar objectors' committee, and I have designated the gentleman
from California [Mr. Talcott] to take his place.
Passing Over Omnibus Bills
Sec. 12.4 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 sometimes prescribes, by special order, that
such omnibus bills shall be passed over.
On June 27, 1968,(2) Mr. Carl Albert, of Oklahoma, asked
unanimous consent that the [omnibus private] bill H.R. 16187 be passed
over and not considered on the calling of the Private Calendar on July
2, 1968.
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2. 114 Cong. Rec. 19106, 90th Cong. 2d Sess.
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There was no objection.
Sec. 12.5 The House agreed by unanimous consent that, on the call of
the Private Calendar on the following day, an omnibus bill thereon
be passed over.
On May 20, 1968,(3) Mr. Robert T. Ashmore, of South
Carolina, asked unanimous consent that the omnibus bill (H.R. 16187) be
passed over for consideration on the following day, the third Tuesday
of the month.
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3. 114 Cong. Rec. 13881, 90th Cong. 2d Sess.
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There was no objection.(4)
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4. For an identical procedure, see also 114 Cong. Rec. 20998, 90th
Cong. 2d Sess., July 12, 1968; and 114 Cong. Rec. 17064, 90th
Cong. 2d Sess., June 13, 1968.
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Passing Over Without Prejudice
Sec. 12.6 The House often grants unanimous-consent requests that bills
on the Private Calendar be passed over without prejudice.
On Mar. 18, 1947,(5) during the call of the Private
Calendar the House granted unanimous consent that numerous bills be
passed over without prejudice.
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5. 93 Cong. Rec. 2206-08, 80th Cong. 1st Sess.
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Recommittal by Unanimous Consent
Sec. 12.7 By unanimous consent, a bill was stricken from the Private
Calendar and recommitted to the Committee on the Judiciary.
On Nov. 19, 1963,(6) Mr. Frank L. Chelf, of Kentucky,
asked unanimous consent that the bill, H.R. 1277, be removed from the
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Private Calendar and recommitted to the Committee on the Judiciary.
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6. 109 Cong. Rec. 22256, 88th Cong. 1st Sess.
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There was no objection.(7)
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7. See also 109 Cong. Rec. 24796, 88th Cong. 1st Sess., Dec. 17, 1963.
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Reservation of Objection
Sec. 12.8 The rule providing for the call of the Private Calendar
prohibits the Speaker from entertaining a reservation of objection,
either to the consideration of a bill thereon or to a unanimous-
consent request that the bill be passed over without prejudice.
On Nov. 4, 1969,(8) the Clerk called House Resolution
533, to refer a bill (H.R. 3722) for the relief of John S. Attinello to
the Court of Claims.
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8. 115 Cong. Rec. 32889, 91st Cong. 1st Sess.
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Mr. Clarence J. Brown, of Ohio, asked unanimous consent that this
resolution be passed over without prejudice. Mr. William L. Hungate, of
Missouri, reserved the right to object, but the Chair ruled that he
could not do so. The following exchange ensued:
Mr. Hungate: Mr. Speaker, may I be heard on a point of order?
Mr. Speaker, I would raise the point of order that a
reservation of objection to the unanimous-consent request would
lie. This is not a reservation of objection to the bill. This is a
reservation of objection to the unanimous-consent request to pass
the bill over.
The Speaker: (9) The Chair calls the attention of
the gentleman from Missouri to the rules of the House, clause 6,
rule XXIV, which can be found on the inside page of the Private
Calendar for today, in connection with the call of the Private
Calendar that:
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9. John W. McCormack (Mass.).
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No reservation of objection shall be entertained by the
Speaker.
Mr. Hungate: Mr. Speaker, may I be heard on that paragraph?
The Speaker: The gentleman from Ohio has asked that the
resolution be passed over without prejudice and in accordance with
the specific rule applying to the Private Calendar, no reservation
of objection shall be entertained by the Speaker.(10)
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10. The rule cited by Speaker McCormack was as follows: ``. . . Should
objection be made by two or more Members to the consideration
of any bill or resolution other than an omnibus bill, it shall
be recommitted to the committee which reported the bill or
resolution and no reservation of objection shall be entertained
by the Speaker. . . .'' Rule XXIV clause 6, House Rules and
Manual Sec. 893 (1981).
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Sec. 12.9 Reservations of objections are not in order during the call
of the Private Calendar.
On Apr. 21, 1964,(11) the Clerk called on the Private
Calendar the
[[Page 4496]]
bill (H.R. 2706) for the relief of Dr. and Mrs. Abel Gorfain. Mr. H. R.
Gross, of Iowa, asked unanimous consent that this bill be passed over
without prejudice. Mr. Carl Albert, of Oklahoma, reserved the right to
object in order to propound a unanimous-consent request with reference
to the calling of the Private Calendar.
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11. 110 Cong. Rec. 8524, 88th Cong. 2d Sess.
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The Speaker (12) responded, ``The Chair will state that
the gentleman cannot reserve the right to object on the Private
Calendar.''
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12. John W. McCormack (Mass.).
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Recognition for Statement
Sec. 12.10 In the consideration of the Private Calendar, the Chair does
not recognize Members for requests to make statements.
On May 5, 1936,(13) the Clerk called on the Private
Calendar the bill (H.R. 9002) for the relief of Captain James W. Darr.
Two Members objected to the consideration of the bill and it was
recommitted to the Committee on Military Affairs. Mr. Theodore
Christianson, of Minnesota, then interjected:
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13. 80 Cong. Rec. 6691, 74th Cong. 2d Sess.
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Mr. Christianson: Mr. Speaker, will not the gentlemen withhold
their objection for a moment? Mr. Speaker, I ask unanimous consent
to make a statement regarding this bill.
The Speaker: (14) The Chair cannot recognize the
gentleman for that purpose under the express provisions of the
rule. Otherwise the Chair would be glad to hear the gentleman.
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14. Joseph W. Byrns (Tenn.).
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Restoring Passed-over Bill to Calendar
Sec. 12.11 The Speaker has declined to recognize a Member to request
unanimous consent to make an omnibus private bill eligible for
consideration when the House had previously agreed by unanimous
consent that it should be passed over.
On July 15, 1968,(15) Mr. William L. Hungate, of
Missouri, asked unanimous consent that the omnibus private bill H.R.
16187, be placed on the Private Calendar for July 16. The bill had been
passed over three times by unanimous consent. The Speaker
(16) ruled that such a request could not be entertained at
that time.
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15. 114 Cong. Rec. 21326, 90th Cong. 2d Sess.
16. John W. McCormack (Mass.).
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Restoration of Stricken Bill
Sec. 12.12 The Speaker has declined to recognize Members for unanimous-
consent re
[[Page 4497]]
quests that bills stricken from the Private Calendar be restored
thereto until they have consulted with the official objectors.
On Apr. 19, 1948,(17) Mr. Thomas J. Lane, of
Massachusetts, asked unanimous consent that the bill H.R. 403, be
restored to the Private Calendar:
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17. 94 Cong. Rec. 4573, 80th Cong. 2d Sess.
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The Speaker: (18) Has the gentleman consulted the
objectors?
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18. Joseph W. Martin, Jr. (Mass.).
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Mr. Lane: No; I have not.
The Speaker: The Chair cannot entertain the gentleman's request
until he has done so.
Sec. 12.13 A private bill objected to and stricken from the Private
Calendar has been restored to such calendar by unanimous consent.
On Jan. 18, 1944,(19) Mr. Noah M. Mason, of Illinois,
asked unanimous consent that the bill (H.R. 2456) for the relief of
Moses Tennenbaum be reinstated on the Private Calendar.
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19. 90 Cong. Rec. 331, 78th Cong. 2d Sess.
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There was no objection.
Restoring Recommitted Bill
Sec. 12.14 A private bill objected to and recommitted has been restored
to the Private Calendar by unanimous consent.
On June 15, 1944,(1) Mr. John Jennings, Jr., of
Tennessee, asked unanimous consent that a recommitted bill (H.R. 2354)
for the relief of Mrs. Phoebe Sherman be restored to the Private
Calendar.
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1. 90 Cong. Rec. 5972, 78th Cong. 2d Sess.
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There was no objection.
Sec. 12.15 A bill which has been objected to by two Members, stricken
from the Private Calendar and recommitted to the Committee on the
Judiciary, was by unanimous consent restored to the Private
Calendar.
On July 18, 1962,(2) Mr. John B. Anderson, of Illinois,
asked unanimous consent that, notwithstanding the action taken by the
House on a bill on the previous day [the bill had been objected to and
recommitted to the Committee on the Judiciary], the bill (S. 2147) be
restored to the Private Calendar.
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2. 108 Cong. Rec. 13997, 87th Cong. 2d Sess.
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There was no objection.(3)
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3. For a similar action see 108 Cong. Rec. 87th Cong. 2d Sess., Aug.
7, 1962.
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[[Page 4498]]
Rescinding Reference to Court of Claims
Sec. 12.16 By resolution, the House has rescinded a previously adopted
resolution whereby a private bill had been referred to the Court of
Claims for a report, and the Court of Claims was directed to return
the bill.
On Apr. 30, 1957,(4) Mr. Thomas J. Lane, of
Massachusetts, offered a resolution (H. Res. 241) and asked unanimous
consent for its immediate consideration:
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4. 103 Cong. Rec. 6159, 85th Cong. 1st Sess.
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Resolved, That the adoption by the House of Representatives of
House Resolution 174, 85th Congress, is hereby rescinded. The
United States Court of Claims is hereby directed to return to the
House of Representatives the bill (H.R. 2648) entitled ``A bill for
the relief of the MacArthur Mining Co., Inc., in receivership,''
together with all accompanying papers, referred to said court by
said House Resolution 174.
The resolution was agreed to.
Rescinding Passage of Private Bill
Sec. 12.17 Both Houses adopted a concurrent resolution rescinding the
action of each in connection with the passage of a private bill and
providing that the said bill be postponed indefinitely.
On Feb. 7, 1952,(5) Mr. Francis E. Walter, of
Pennsylvania, asked unanimous consent for the immediate consideration
of Senate Concurrent Resolution 50, rescinding the action on and
indefinitely postponing Senate bill 1236 for the relief of Kim Song
Nore:
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5. 98 Cong. Rec. 934, 82d Cong. 2d Sess.
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Resolved by the Senate (the House of Representatives
concurring), That the action of the two Houses in connection with
the passage of the bill (S. 1236) for the relief of Kim Song Nore
be rescinded, and that the said bill be postponed indefinitely.
There was no objection to the unanimous-consent request, and the
Senate concurrent resolution was agreed to.(6)
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6. This action was necessary because the individual named in the bill
died. .
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Transferring Private Bill to Union Calendar
Sec. 12.18 The Chair refused to submit to the House a unanimous-consent
request that a private bill be transferred to the Union Calendar.
On July 31, 1939,(7) Mr. Walter G. Andrews, of New York,
asked
[[Page 4499]]
unanimous consent that the bill (H.R. 4723) reported from the Committee
on Military Affairs to correct the military record of Oberlin M. Carter
be transferred from the Private to the Union Calendar. The Speaker
(8) stated that such transfer would be contrary to the
precedents and refused to recognize Mr. Andrews for that purpose.
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7. 84 Cong. Rec. 10563, 76th Cong. 1st Sess.
8. William B. Bankhead (Ala.).
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