[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 110th Congress] [110th Congress] [House Document 109-157] [Rules of the House of Representatives] [Pages 659-679] [From the U.S. Government Publishing Office, www.gpo.gov] Rule XV Suspensions business in order on special days
885. Motions to suspend the rules. | 1. (a) A rule may not be suspended except by a vote of two-thirds of the Members voting, a quorum being present. The Speaker may not entertain a motion that the House suspend the rules except on Mondays, Tuesdays, and Wednesdays and during the last six days of a session of Congress. |
Sec. 886. Nature of the motion to suspend the rules. | Originally, when the House was operating under the older rules for the order of business, the motion was used to establish a special order of business for the consideration of a particular measure (IV, 3152, 3162; V, 6852). In 1890, the House adopted rules for the order of business that enabled the House on any day to consider public bills on its calendars. About the same time, the House perfected the process of establishing a special order of business by a majority vote through a report from the Committee on Rules (IV, 3169). As a result of these changes, the use of the motion to suspend gradually changed from one that established a special order of business to one that passes or adopts a measure (V, 6790, 6846, 6847). The latter motion suspends all rules inconsistent with its purposes, including a rule requiring that a recess be taken (V, 5752) or that a quorum be present when a bill is reported from committee (Sept. 22, 1992, p. 26932). |
Sec. 886a. Consideration of the motion to suspend the rules. | The motion that the House ``suspend the rules and pass [or adopt]'' a measure is not subject to the demand for a division of the question, either as to the two branches of the motion or as to distinct substantive propositions in the subject of the motion (V, 6141-6143). The motion may not be amended (V, 5322, 5405, 6858; Deschler, ch. 21, Sec. 14.6; Apr. 11, 2000, p. 5206), and the power to withdraw and modify the motion rests with its proponent (May 10, 2006, p. ----). The motion may not be postponed (V, 5322) or laid on the table (V, 5405). The motion to reconsider may not be applied to a negative vote on the motion (V, 5645, 5646; VIII, 2781; Sept. 28, 1996, p. 25797), although it may be applied to an affirmative vote (Sept. 28, 1996, p. 25796). The motion to refer may not be applied to the bill that it is proposed to pass under suspension of the rules (V, 6860). Pursuant to clause 1(b) of rule XV, the Speaker may entertain one motion to adjourn pending a motion to suspend the rules but may not entertain any other motion until the vote is taken on the motion to suspend the rules. |
Sec. 887. Precedence of the motion to suspend the rules. | In the early practice, when the motion to suspend the rules was used to enable a matter to be taken up for consideration out of order, it was not admitted when a subject was already before the House (V, 5278, 6836, 6837, 6852, 6853). However, a motion to suspend the rules was in order to dispense with the reading of a pending measure (V, 5278). A bill taken up under this early practice might be amended by the House (V, 6842, 6856) or withdrawn by the mover, in which case another Member might not present it (V, 6854, 6855). |
Sec. 888. Individual and committee motions to suspend the rules. | Authorization by a committee is not required for the Speaker to recognize for a motion to suspend the rules (VIII, 3410), including a motion to suspend the rules and pass a measure ``as amended'' (June 22, 1992, p. 15617). the 93d Congress, the rule gave to individuals preference on the first Monday of the month for making motions to suspend the rules, and preference on the third Mondays for committees to make the motion (V, 6790). If on a committee day an individual motion was made and seconded, it was then too late to make a point of order (V, 6809). In rare instances, under |
Sec. 889. The second of the motion to suspend the rules. | Before the 102d Congress, certain motions to suspend the rules were required to be seconded, if demanded, by a majority by tellers, but this requirement was eliminated from the rule (H. Res. 5, Jan. 3, 1991, p. 39). The requirement for a second was adopted in 1874, was rescinded two years later, but was again adopted in 1880. The object of it was to prevent consumption of the time of the House by forcing consideration of undesirable propositions (V, 6797). The requirement (formerly clause 2 of rule XXVII) was amended in the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16) so that a second was not required where printed copies of the proposed measure were available. The constitutional right of a Member to demand the yeas and nays, or the right of a Member under clause 1(b) of rule XX to demand a recorded vote, did not exist on the question of ordering a second under the former clause 2 of rule XXVII, which only permitted the ordering of a second by tellers if a quorum was present (V, 6032-6036; VIII, 3109; Dec. 16, 1981, p. 31851). The fact that a majority of the Members of the House did not pass between the tellers on the question of ordering a second did not conclusively show that a quorum was not present in the Chamber, and the Speaker could count the House to determine whether a quorum was actually present (Dec. 16, 1981, p. 31851). However, where a quorum failed on the vote for a second, under clause 6 of rule XX the yeas and nays were ordered (IV, 3053-3055; Dec. 21, 1973, pp. 43251-63). |
Sec. 889a. 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 (V, 6840, 6844; VIII, 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. 890. Dilatory motions pending motions to suspend rules. | (b) Pending a motion that the House suspend the rules, the Speaker may entertain one motion that the House adjourn but may not entertain any other motion until the vote is taken on the suspension. |
Sec. 891. The 40 minutes of debate on motion to suspend the rules. | (c) A motion that the House suspend the rules is debatable for 40 minutes, one-half in favor of the motion and one-half in opposition thereto. |
892. Motion to discharge a committee. | 2. (a) Motions to discharge committees shall be in order on the second and fourth Mondays of a month. |
893. Adverse report by Rules Committee. | 3. An adverse report by the Committee on Rules on a resolution proposing a special order of business for the consideration of a public bill or public joint resolution may be called up under clause 6(e) of rule XIII as a privileged question by a Member, Delegate, or Resident Commissioner on a day when it is in order to consider a motion to discharge committees under clause 2. |
894. District of Columbia. | 4. The second and fourth Mondays of a month shall be set apart for the consideration of such District of Columbia business as may be called up by the Committee on Oversight and Government Reform after the disposition of motions to discharge committees and after the disposal of such business on the Speaker's table as requires reference only. |
895. Interruption of the regular order on Tuesdays for consideration of the Private Calendar. | 5. (a) On the first Tuesday of a month, the Speaker shall direct the Clerk to call the bills and resolutions on the Private Calendar after disposal of such business on the Speaker's table as requires reference only. If two or more Members, Delegates, or the Resident Commissioner object to the consideration of a bill or resolution so called, it shall be recommitted to the committee that reported it. No other business shall be in order before completion of the call of the Private Calendar on this day unless two-thirds of the Members voting, a quorum being present, agree to a motion that the House dispense with the call. |
Sec. 896. Tuesday as a day for private business. | This provision (formerly clause 6 of rule XXIV) was adopted in the 62d Congress in lieu of special orders under which pension and private business formerly had been considered. The rule was amended on April 23, 1932 (VII, 846) and was adopted in its present form on March 27, 1935 (pp. 4480-89, 4538). When the House recodified its rules in the 106th Congress, this provision was transferred from former clause 6 of rule XXIV and the archaic reference to the ``Calendar of the Committee of the Whole House'' was changed to the ``Private Calendar'' (H. Res. 5, Jan. 6, 1999, p. 47). |
Sec. 897. Methods of considering omnibus bills. | During the consideration of omnibus bills the Chair declines to recognize Members for unanimous-consent requests to address the House (May 7, 1935, p. 7100); motions to strike out the last word are not in order, and requests for extension of time under the five-minute rule are not entertained (Speaker Byrns, Mar. 17, 1936, pp. 3890, 3894). |
Sec. 898. Former Corrections Calendar. | In the 109th Congress the Corrections Calendar (formerly clause 6 of rule XV) was abolished (sec. 2(f), H. Res. 5, Jan. 4, 2005, p. ----). The Corrections Calendar was established in the 104th Congress as a replacement for the Consent Calendar (H. Res. 168, June 20, 1995, p. 16574). Later in the 104th Congress several technical changes were effected to admit amendments by a designee of the chairman of the primary committee (H. Res. 254, Nov. 30, 1995, p. 14974). In the 105th Congress it was amended to permit bills to be called from the Calendar at any time on a ``corrections day'' and |
Sec. 899. Former Consent Calendar. | Former clause 4 of rule XIII, providing for the former Consent Calendar, was adopted March 15, 1909, amended January 18, 1924; December 7, 1925; December 8, 1931; and April 23, 1932 (VII, 972). Bills must have been on the printed calendar three legislative days in order to be eligible for consideration (VII, 992, 994). When a House bill was on the Consent Calendar, by unanimous consent the House committee could have been discharged from the consideration of a Senate bill on the same subject, and the Senate bill considered in lieu of the House bill (VII, 1004). The status of bills on the Consent Calendar was not affected by their prior placement on another calendar and such bills could have been called up for consideration from the Consent Calendar while pending as unfinished business in the House or Committee of the Whole (VII, 1006). |
900. Calendar Wednesday business. | 6. (a) On Wednesday of each week, business shall not be in order before completion of the call of the committees (except as provided by clause 4 of rule XIV) un |
Sec. 901. Decisions on Calendar Wednesday. | The rule applies to unprivileged bills only, and when a bill otherwise unprivileged is given a privileged status by unanimous consent or by rule it is automatically rendered ineligible for consideration on Calendar Wednesday (VII, 932-935). House Calendar bills have no preference over Union Calendar bills (VII, 938). The motion to dispense with a call of committees under this rule is privileged and may be made before the consideration of District of Columbia business under clause 4 of this rule (June 11, 1973, pp. 19028-30). |