[HOUSE PRACTICE, 104th Congress, 2d Session]
[A Guide to the Rules, Precedents and Procedures of the House]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:hp_txt-8]
[Page 197-205]
[[Page 197]]
CALENDAR WEDNESDAY
Sec. 1. In General; Forms
Sec. 2. Business Considered on Calendar Wednesday
Sec. 3. -- In Committee of the Whole
Sec. 4. Privilege and Precedence of Calendar Wednesday Business
Sec. 5. The Call of Committees
Sec. 6. Calling Up Calendar Wednesday Business; Authorization
Sec. 7. The Question of Consideration
Sec. 8. Consideration and Debate
Sec. 9. -- Use of Additional or Subsequent Wednesdays
Sec. 10. Unfinished Business; Effect of Previous Question
Sec. 11. Dispensing With Calendar Wednesday
Research References
7 Cannon Secs. 881-971
Deschler Ch 21 Sec. 4
Manual Sec. 897
Sec. 1 . In General; Forms
Under the Calendar Wednesday rule, Wednesdays are set apart for
the consideration, pursuant to a call of committees, of unprivileged
bills on the House and Union Calendars. Rule XXIV clause 7, first
adopted in 1909. Today, the Calendar Wednesday procedure is utilized
infrequently due to its cumbersome operation and to the fact that
nonprivileged bills may be considered more effectively pursuant to
other procedures, such as a special order from the Committee on Rules,
suspension of the rules, or unanimous consent. Deschler Ch 21 Sec. 4.
Where the Rules Committee has declined to report a special order
providing for the consideration of a bill, it may be taken up pursuant
to the Calendar Wednesday rule.
The Calendar Wednesday rule may be dispensed with by a two-thirds
vote (Sec. 11, infra), and does not apply during the last two weeks of
a session. Manual Sec. 897.
Forms
Speaker: Today is Calendar Wednesday, and the Clerk will call the
roll of committees.
Member (when his committee is called): Mr. Speaker, by direction
of the Committee on __________, I call up the bill H.R. ______.
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Note: Calendar Wednesday business may be called up only on formal
authorization by the committee. A Member without such authorization
may not call up the bill if objection is made. Sec. 6, infra.
Speaker: This bill is on the House Calendar. The Clerk will report
the bill.
[or, if the bill is on the Union Calendar . . .]
Speaker: This bill is on the Union Calendar, and under the rule
the House automatically resolves itself into the Committee of the
Whole House on the state of the Union, with the gentleman from
______, Mr. ______, in the Chair.
Chairman: The House is in the Committee of the Whole House on the
state of the Union for the [further] consideration of the bill H.R.
______, which the Clerk will report [by title].
Note: When first called up, the bill is read in full unless
reading is dispensed with by unanimous consent. If consideration is
extended beyond the day, it is read by title when called up on
subsequent days.
Chairman: Under the rule general debate is limited to two hours,
and the Chair will recognize the gentleman from ______, Mr. ______
[usually the chairman of the committee], for the hour in favor of
the bill and later the gentleman from ______, Mr. ______ [usually
the ranking minority member of the committee], for the hour in
opposition. The gentleman from ______, is recognized.
Sec. 2 . Business Considered on Calendar Wednesday
Committees called under the Calendar Wednesday rule may call up
for consideration any unprivileged bill on either the House or Union
Calendar (Manual Sec. 897) but not from the Private Calendar (Deschler
Ch 21 Sec. 4). There is no priority as between bills on the House or
Union Calendar on such days, and a committee may bring up bills from
either calendar at will. 7 Cannon Secs. 938, 963.
The Calendar Wednesday procedure applies only to bills reported
from committee, and not to amendments between the Houses or unreported
bills. 98-2, June 28, 1984, p 19770. Another limitation of the rule is
that it applies only to nonprivileged public bills. Deschler Ch 21
Sec. 4. A privileged bill cannot be called up under the Calendar
Wednesday rule (7 Cannon Secs. 932-935), except by unanimous consent
(98-2, Jan. 25, 1984, p 357). Such a bill is ineligible for
consideration under the Calendar Wednesday rule whether it is reported
from the floor or delivered to the Clerk. 7 Cannon Sec. 936.
The purpose of the Calendar Wednesday rule (Manual Sec. 897) is to
preserve that day for the class of legislation specified by the rule--
namely nonprivileged bills. Committee reports on bills may be filed on
Calendar
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Wednesday but they may not be called up for consideration or other
action on such days. 7 Cannon Sec. 907.
When Calendar Wednesday business is being considered under the
rule, it is not in order:
<box> To move a change of reference (7 Cannon Secs. 884, 2117).
<box> To call up a conference report (7 Cannon Secs. 899-901).
<box> To offer a motion for recess (Manual Sec. 897).
<box> To call up a privileged bill (7 Cannon Secs. 932-934), even
though given privileged status by special order (7 Cannon
Sec. 935).
<box> To call up a private bill (Deschler Ch 21 Sec. 4.10).
<box> To consider business coming over from Tuesday with the
previous question ordered (7 Cannon Sec. 890).
<box> To call up a resolution of inquiry (7 Cannon Sec. 898) or to
move to discharge a committee from the consideration of such a
resolution (7 Cannon Secs. 896, 897).
When a bill otherwise unprivileged is given a privileged status by
unanimous-consent agreement or by special order, it is automatically
rendered ineligible for consideration under the Calendar Wednesday
procedure. 7 Cannon Secs. 932-935.
On Calendar Wednesdays, the Speaker ordinarily declines to
entertain unanimous-consent requests not connected with Calendar
Wednesday business. 7 Cannon Secs. 882-888. However, the House may by
unanimous consent, prior to the call of committees on Calendar
Wednesday, permit a one-minute speech (98-2, Mar. 21, 1984, pp 6187,
6188), allow a bill to be sent to a House-Senate conference (98-2,
Mar. 28, 1984, pp 6869, 6873), or permit consideration of a resolution
electing a committee chairman (98-2, Jan. 25, 1984, pp 357, 358).
Sec. 3 . -- In Committee of the Whole
When a bill on the Union Calendar is called up on Calendar
Wednesday, the House automatically resolves into the Committee of the
Whole without motion from the floor. 7 Cannon Secs. 939-942. When such
a bill comes up as the unfinished business on the next Calendar
Wednesday when the same committee can be recognized, the House
automatically resolves into the Committee of the Whole immediately
without waiting for the call (7 Cannon Secs. 940, 942; Deschler Ch 21
Sec. 4.26), and debate is resumed from the point at which it was
discontinued on the previous Wednesday (7 Cannon Sec. 966).
On rejection by the House of a recommendation by the Committee of
the Whole for peremptory disposition of a bill under consideration on
Cal-
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endar Wednesday, the House automatically resolves into the Committee
of the Whole for its further consideration. 7 Cannon Sec. 943.
Resolving into the Committee generally, see Committees of the
Whole.
Sec. 4 . Privilege and Precedence of Calendar Wednesday Business
No business is in order on Calendar Wednesdays except the call of
committees unless the call has been dispensed with as provided for by
the controlling rule--Rule XXIV clause 7. Manual Sec. 897. See also 7
Cannon Sec. 881. Calendar Wednesday business is privileged matter
which may interrupt the daily order of business as specified in Rule
XXIV clause 1. Manual Sec. 880. It takes precedence over other
business privileged under the rules; however, questions involving the
privileges of the House and veto messages privileged under the
Constitution take precedence over Calendar Wednesday business.
Deschler Ch 21 Secs. 4.3-4.8. Calendar Wednesday business also yields
to questions of privilege (7 Cannon Secs. 908-911) and the
administration of the oath to Members (6 Cannon Sec. 22). And when the
call of committees is completed on Calendar Wednesday, business
otherwise in order may be called up on that day. 7 Cannon Sec. 921.
See also 103-1, Mar. 31, 1993, p ____.
The call of committees on Calendar Wednesday has precedence over:
<box> The consideration of conference reports (7 Cannon Secs. 899-
901).
<box> Business provided for by special order unless the special
order expressly specifies Wednesday and was passed by two-
thirds vote (7 Cannon Sec. 773). See also Sec. 11, infra.
<box> The motion to go into Committee of the Whole to consider
revenue and appropriation bills (7 Cannon Sec. 904).
<box> Business on which the previous question is operating and
undisposed of at adjournment on the preceding day (7 Cannon
Sec. 890).
<box> Motions for change of reference to committees (7 Cannon
Secs. 883, 884).
<box> Privileged resolutions of inquiry (7 Cannon Sec. 896).
<box> Contested election cases (7 Cannon Sec. 903).
<box> Motions to reconsider (7 Cannon Sec. 905).
<box> Certain procedural propositions relating to impeachment (7
Cannon Sec. 902).
<box> Budget messages from the President (7 Cannon Sec. 914).
<box> Senate bills privileged because of similarity to a bill on the
House Calendar (7 Cannon Sec. 906).
<box> Unanimous-consent requests generally (7 Cannon Secs. 882-888).
Motions to reconsider may be entered but not considered (7 Cannon
Sec. 905), and privileged reports may be presented for printing but
without the right to call up for immediate consideration (7 Cannon
Sec. 907).
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Sec. 5 . The Call of Committees
Committees are called seriatim in the order in which they appear
in House Rule X (see 7 Cannon Secs. 922, 923), the call being limited
to those committees which have been elected (7 Cannon Sec. 925).
Select committees with legislative jurisdiction are called after
standing committees. Deschler Ch 21 Sec. 4. When a committee is
reached during a Calendar Wednesday call of committees, it is
ordinarily not in order to ask recognition for any purpose other than
to call up a bill for consideration. 6 Cannon Sec. 754.
During a call of committees under the rule, a committee may not
yield or exchange its order of rotation (7 Cannon Sec. 927), and any
committee declining to proceed with consideration of a bill when
called on Wednesday loses that opportunity until again called in
regular order (7 Cannon Sec. 926).
Sec. 6 . Calling Up Calendar Wednesday Business; Authorization
Generally
The Calendar Wednesday rule permits committees to call up
nonprivileged bills from either the House Calendar or the Union
Calendar (Manual Sec. 897), provided that there has been compliance
with other rules of the House requiring that the measure and the
report thereon be available for three days prior to consideration
(Manual Sec. 715). 98-2, May 2, 1984, p 10732; 98-2, Sept. 12, 1984, p
25100.
Calendar Wednesday business may be called up only on formal
authorization by the reporting committee. 7 Cannon Sec. 929. The House
rule (Manual Sec. 713a) requiring the chairman of each committee to
take necessary steps to bring reported measures to a vote is
sufficient authority for the chairman to call up a bill on Calendar
Wednesday (Deschler Ch 21 Sec. 4.16), but any other committee member
must obtain specific authorization of his committee to call up a
reported bill on Calendar Wednesday (4 Hinds Sec. 3128; 7 Cannon
Secs. 928, 929). See also 98-2, Feb. 1, 1984, p 1193. Committee
authorization to a committee member to ``use all parliamentary means
to bring the bill before the House'' is sufficient authorization to
the Member to call up the bill on Calendar Wednesday. 8 Cannon
Sec. 2217. Authority having been given to one Member to call up a
bill, another may not be recognized for that purpose if objection is
made. 7 Cannon Secs. 928, 929. Only the member authorized by the
committee reporting the bill may call up that bill on Calendar
Wednesday. Deschler Ch 21 Sec. 4.12. It is within the discretion of
the committee to determine which member to authorize to call up the
bill. Deschler Ch 21 Sec. 4.15.
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Withdrawal
After a bill has been called up on Calendar Wednesday, it may be
withdrawn at any time before amendment. 7 Cannon Sec. 930.
Sec. 7 . The Question of Consideration
The question of consideration may be demanded on a bill called up
under the Calendar Wednesday rule. Deschler Ch 21 Sec. 4.18. The
question is properly raised after the Clerk has read the title of the
bill. Deschler Ch 21 Sec. 4.20. The question of consideration is
properly raised on a Union Calendar bill in the House before going
into Committee of the Whole. 7 Cannon Sec. 952. If the question is
decided in the affirmative, the House automatically resolves itself
into the Committee of the Whole for the consideration of the bill.
Deschler Ch 21 Sec. 4.20.
The refusal of the House to consider a bill called up under the
Calendar Wednesday rule does not preclude the bill's being brought up
under another procedure, such as pursuant to a rule from the Committee
on Rules. Deschler Ch 21 Sec. 4.19.
It is not in order to reconsider the vote whereby the House has
declined to consider a proposition under the Calendar Wednesday rule.
Deschler Ch 21 Sec. 4.25.
Sec. 8 . Consideration and Debate
In the House
The hour rule for debate applies to House Calendar bills called up
in the House on Calendar Wednesday as on other days, and the Member in
charge of the bill may move the previous question at any time after
debate begins. 7 Cannon Secs. 955-957.
In Committee of the Whole
The Calendar Wednesday rule allows not more than two hours general
debate on any measure called up on Calendar Wednesday, to be confined
to the subject and to be equally divided between those favoring and
those opposing. Manual Sec. 897. This provision has been construed as
applying only in the Committee of the Whole. 7 Cannon Sec. 955. The
two hours permitted by the rule may be reduced by the House by
unanimous consent to one hour. 98-2, Jan. 25, 1984, pp 357, 358. But
time allotted for debate under the rule may not be extended in the
Committee of the Whole even by unanimous consent. 7 Cannon Sec. 959.
When a bill previously debated is called up for the first time on
Calendar Wednesday, consideration may proceed in the
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Committee of the Whole as if there had been no previous debate. 7
Cannon Sec. 954.
In recognizing Members to control the time in opposition to the
bill, the Chair recognizes minority members of the committee reporting
the bill in the order of their seniority on the committee. Deschler Ch
21 Sec. 4.24. They are entitled to prior recognition to oppose it, but
if no member of the committee rises to oppose it, any Member may be
recognized in opposition. 7 Cannon Secs. 958, 959. The bill is read
for amendment at the conclusion of an hour in favor of the bill when
no one rises for an hour in opposition. 7 Cannon Secs. 960, 961.
Amendments
In the Committee of the Whole, amendments may not be offered until
the close of the two hours' debate, when the bill is taken up under
the five-minute rule and read by section for amendment. See 7 Cannon
Sec. 960. Committee amendments are considered first as each section is
reached. When the reading of the bill under the five-minute rule has
been completed, the Committee rises and reports to the House. See
Committees of the Whole.
Sec. 9 . -- Use of Additional or Subsequent Wednesdays
In its original form the Calendar Wednesday rule was largely
ineffective because it permitted extended consideration of bills by a
single committee so as to monopolize each Wednesday for many weeks to
the exclusion of other committees, sometimes consuming each Wednesday
during an entire session. This defect was remedied by the adoption in
1916 of a proviso to the rule which prohibited committees from
occupying more than one Wednesday in succession to the exclusion of
other committees. 7 Cannon Sec. 881. Today, a committee called under
the Calendar Wednesday rule is not entitled to a second Wednesday to
complete its business on a bill until the other committees have been
called, unless the previous question is operating at adjournment. 8
Cannon Sec. 2680. But the House may by two-thirds vote authorize
completion on a subsequent Wednesday of an unfinished bill. See Manual
Sec. 897. See also 7 Cannon Sec. 946 and 8 Cannon Sec. 2680.
The motion to grant a committee an additional Wednesday under the
second proviso of the Calendar Wednesday rule is in order in the House
prior to the Wednesday on which the committees are again called. 7
Cannon Sec. 946. The motion is not in order in the Committee of the
Whole. See Manual Sec. 897.
Any portion of a day is considered an entire day in the
apportionment of Calendar Wednesdays to committees. 7 Cannon Sec. 945.
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Sec. 10 . Unfinished Business; Effect of Previous Question
Where the previous question has been ordered on a bill on Calendar
Wednesday, and the House adjourns, the bill becomes the unfinished
business on the next legislative day. 8 Cannon Secs. 895, 967;
Deschler Ch 21 Secs. 4.17, 4.28. Where a quorum fails on ordering the
previous question on a bill under consideration on a Calendar
Wednesday, and the House adjourns, the vote goes over until the next
Calendar Wednesday available to the committee reporting the bill.
Deschler Ch 21 Sec. 4.29.
When the House adjourns on Tuesday without voting on a proposition
on which the previous question has been ordered, the question does not
come up on Wednesday but on Thursday. 7 Cannon Secs. 890-894. In one
instance, a bill on which the previous question had been ordered at
adjournment on Wednesday was taken up as the unfinished business on
Thursday and took precedence of a motion to go into the Committee of
the Whole for the consideration of a bill privileged by special order.
8 Cannon Sec. 2674.
It is not in order on a regular legislative day to move to
postpone consideration of a pending measure to a Calendar Wednesday. 8
Cannon Sec. 2614. A bill postponed from a Wednesday to a subsequent
Wednesday becomes unfinished business to be considered when the
committee calling it up is called again in its turn. 7 Cannon
Sec. 970.
Sec. 11 . Dispensing With Calendar Wednesday
Generally
Calendar Wednesday business may be dispensed with by unanimous
consent, normally pursuant to a request made by the Majority Leader
during the previous week; but such a request may be entertained at any
time prior to the beginning of the call. See Deschler Ch 21
Secs. 4.40-4.42. Calendar Wednesday business may also be dispensed
with pursuant to motion under the Calendar Wednesday rule. Rule XXIV
clause 7. The motion is privileged and precedes District of Columbia
business under Rule XXIV clause 8. Deschler Ch 21 Sec. 4.33. Any
Member may propose the motion at any time on Wednesday. 7 Cannon
Sec. 915; Deschler Ch 21 Sec. 4.31. The motion may also be made and
considered on any preceding day. 7 Cannon Sec. 916; Deschler Ch 21
Sec. 4.30. Debate on the motion is limited to 10 minutes, to be
divided, five minutes in favor of the motion and five minutes in
opposition. 97-2, Sept. 21, 1982, pp 24403, 24404. A two-thirds vote
of the Members present is required for its adoption. Manual Sec. 897.
The motion may not be laid on the table. Deschler Ch 21 Sec. 4.36.
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In recognizing a Member for the five minutes in opposition to a
motion to dispense with business under the Calendar Wednesday rule,
the Speaker extends preference to a member of the committee having the
call. Deschler Ch 21 Sec. 4.35.
If there are no bills on the calendar eligible for consideration
under the Wednesday call of committees, a motion to dispense with the
business in order on that day is not required. 7 Cannon Secs. 918-920.
By Special Rule
A special rule that provides merely that a particular bill shall
be in order for consideration upon adoption of the special rule, or
from day-to-day until disposed of, does not dispense with Calendar
Wednesday. 7 Cannon Secs. 773, 789. Indeed, the House rules
specifically preclude the Committee on Rules from reporting a special
rule dispensing with Calendar Wednesday business by less than a two-
thirds vote. Manual Sec. 729a. However, the Committee on Rules may
report a special rule permitting the Speaker to entertain motions to
suspend the rules, which could ultimately lead to the suspension of
the Calendar Wednesday rule. 8 Cannon Sec. 2267.