Recommit, Consideration of: See "Recommit," pp. 682-695. Reconsider: See "Reconsideration," pp. 696-716. A bill pending before the Senate is displaced by the adoption of a motion to proceed to the consideration of a motion to reconsider; 120 but a pending bill is not displaced by entering a motion to reconsider.121 Refer: See also "References to Committees," pp. 717-735. A motion to refer a measure is not in order unless it is before the Senate for consideration. Reports Lie Over Three Days Before Consideration: See also "Reports," pp. 739-759; "Lie Over Before Consideration," p. 346. Under Rule XXVI, paragraph 2, "all reports of committees and . . . all subjects from which a committee shall be discharged, shall lie over one day for consideration unless by unanimous consent the Senate shall otherwise direct," and this has been interpreted to mean legislative days as opposed to calendar days."2 122 As opposed to Rule XXVI, paragraph 2, which requires that all reported bills and resolutions lie over 1 legislative day before they are eligible for consideration, the Legislative Reorganization Act of 1946, as amended, quoted below, provides an additional limitation that "any measure or matter . . . shall not be considered in the Senate unless the report of that committee upon that measure or matter has been available to the Members of the Senate for at least three calendar days (excluding Saturdays, Sundays, and legal holidays). . . ." with certain exceptions, which is as follows: A measure or matter reported by any standing committee of the Senate (including the Committee on Appropriations) shall not be considered in the Senate unless the report of that committee upon that 10 See Feb. 28, 1885, 48-2, Record, pp. 2284, 2292; Mar. 2, 1954, 83-2, Record, p. 2460. 123 July 23, 1917, 65-1, Record, p. 5381; see p. 703, footnote 60. See "Day" as used in "Report To Lie Over One Day," p. 381 of Senate Procedure. measure or matter has been available to the Members of the Senate for at least three calendar days (excluding Saturdays, Sundays, and legal holidays) prior to the consideration of that measure or matter in the Senate. If hearings have been held on any such measure or matter so reported, the committee reporting the measure or matter shall make every reasonable effort to have such hearings printed and available for distribution to the Members of the Senate prior to the consideration of such measure or matter in the Senate. This subsection (1) may be waived by joint agreement of the majority leader and the minority leader of the Senate; and (2) shall not apply to (A) any measure for the declaration of war, or the declaration of a national emergency, by the Congress, and (B) any executive decision, determination, or action which would become, or continue to be, effective unless disapproved or otherwise invalidated by one or both Houses of Congress.123 The above 3-day limitation on the time that a report must lie over before consideration of the bill it accompanies is applicable to all bills as contrasted to the like previous provision of the Legislative Reorganization Act of 1946, which applied only to general appropriation bills.12* Under the 1946 Act, although applicable only to general appropriation bills, the Chair ruled, from which appeals were taken but the Chair was sustained, that no written report was required to accompany a general appropriation bill, and that the 3-day limitation was applicable to printed committee reports and not to the bill itself.' 125 Under the previous comparable limitation requiring that a report had to lie over 3 days, but which was applicable only to general appropriation bills, the Chair had interpreted the rule to calculate the time not on the basis of hours, "but that the time is figured in the basis of 3 calendar days," 126 and that reports on such a bill must have been available for at least 3 calendar days for the Members of the House in which such bill is to be considered,127 and that means 3 days must intervene between the reporting of a general appropriation bill and its consideration;128 but such a motion would not 123 Sec. 133 (f). 124 The provision of the Legislative Reorganization Act of 1946, which was amended in 1970, was found in section 139 (a), which reads as follows: "Sec. 139(a). No general appropriation bill shall be considered in either House unless, prior to the consideration of such bill, printed committee hearings and reports on such bill have been available for at least three calendar days for the Members of the House in which such bill is to be considered." 125 July 23, 1968, 90–2, Record, pp. 22873–74. 126 May 13, 1954, 83-2, Record, p. 6520; see also proceedings for Apr. 29, 1952, 82-2, Record, pp. 4549-51. 127 Sec. 139 (a), Legislative Reorganization Act of 1946; see Oct. 8, 1962, 87-2, Record, p. 22745. be in order unless the Senate had adjourned since the bill was reported,120 because of the provisions of Rule XXVI, paragraph 2. Resolutions, Consideration of: See also "Over Under the Rule," pp. 569-578; "Resolutions," pp. 761-771. Resolutions reported and placed on the Calendar are brought up and considered by the Senate under the same general conditions and procedures applicable to the disposition of bills. For procedures peculiar to the consideration of resolutions, see pp. 761-771. Sessions of Congress, Involving Consideration of Business: Special Order: See also "Special Orders,” pp. 792–797. A special order will be displaced by a majority vote to take up another bill,130 and if displaced, it is restored to its position on the Calendar of General Orders.131 When a bill has been made a special order for a particular time, a motion subsequently made to take it up at a time prior thereto is in order. 132 When a special order is laid before the Senate a motion to proceed to the consideration of another bill is in order and shall be decided without debate and if agreed to displaces the special order, which is restored to its position on the Calendar of General Orders.133 A motion to consider a bill as a special order or that it will not displace the unfinished business for more than a day is not in order.134 Suspension of Pending Business: The consideration of privileged business on motion. merely suspends the pending business, and does not dis 129 239 See June 10, 1955, 84-1, Record, pp. 8006–07. See Mar. 12, 1884, 48-1, Record, p. 1795. 131 Feb. 12, 1885, 48–2, Record, p. 1549. Nov. 16, 1937, 75–2, Record, p. 39; Nov. 23, 1937, 75-2, Record, p. 266. 13 Feb. 12, 1885, 48-2, Record, p. 1549; July 12, 1932, 72–1, Record, p. 15096; see Mar. 12, 1884, 48–1, Record, p. 1795. 134 Mar. 27, 1936, 74-2, Record, p. 4491. place it. See "Displacement of Pending or Unfinished Business," pp. 340-345; "Privileged Business," pp. 626629. Table: A motion to lay on the table a motion to proceed to the consideration of a bill is in order.135 Treaties, Consideration of: See "Treaties," pp. 819-831. Unanimous Consent Consideration: Unanimous consent procedure may suspend practically all of the established rules of procedure. For details see "Unanimous Consent Agreements," pp. 832-863. Unfinished Business, Consideration of: See also "Unfinished Business," pp. 864-872. Unfinished business is laid before the Senate at the close of the Morning Hour, but may be proceeded with earlier by motion. Veto, Consideration of: See "Vetoes," pp. 873-879. Vote on Motion To Consider: See "Quorum Call To Vote on Motion To Consider Not Required," p. 350; "Voting," pp. 885–915. Withdrawal of Motion To Consider: 136 A motion to proceed to the consideration of a matter may be withdrawn by the mover if the yeas and nays have not been ordered,' or there has been no action or amendment;137 and in such case it is not possible to have a yea and nay vote on such withdrawal.138 18 Feb. 23, 1887, 49-2, Record, p. 2122; Jan. 22, 1891, 51-2, Record, p. 1664; Feb. 15, 1875, 43-2, Journal, pp. 270-71, Jan. 29, 1915, 63-3, Record, pp. 25842585; see Jan. 23, 1963, 88-1, Record, p. 856. 134 See Nov. 22, 1937, 75-2, Record, pp. 228-229; Apr. 28, 1942, 77-2, Record, pp. 3741-3742, 3745; June 5, 1950, 81-2, Record, p. 8010. 17 See June 5, 1950, 81-2, Record, p. 8010; Sept. 19, 1966, 89–2, Record, p. 23046. CONSTITUTIONAL AMENDMENTS Proposals to amend the Constitution in practice are presented in the Senate in the form of a Senate joint resolution and, as set forth in the Constitution, the passage of such a joint resolution takes a twothirds vote of the Senators present and voting, a quorum being present. A two-thirds vote is also required to adopt a House amendment to such a Senate joint resolution already passed by the Senate or to adopt a conference report on such a measure. Other actions, and motions under Rule XXII, including Senate amendments, directed to joint resolutions to amend the Constitution, are disposed of by a majority vote. Article V of the Constitution [Procedure for Amending Constitution] The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two-thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by Conventions in three-fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article, and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. Amendments to Proposal To Amend the Constitution: Amendments of the Senate, including a substitute amendment, to its own joint resolution or measure proposing an amendment to the Constitution require only a majority vote for adoption.1 Amendments by the House of Representatives to a Senate joint resolution or a Senate measure proposing an amend 1 See Dec. 18, 1917, 65-2, Record, p. 477; July 5, 1909, 61-1, Record, p. 4120, July 15, 1959, 86–1, Record, pp. 13424, 13426–27; Jan. 13, 1961, 87-1, Record, p. 617; Mar. 26, 27, 1962; 87-2, Record, pp. 5042-44, 5084-88, 5102, 5104-5; Oct. 2, 1970, 91-2, Record, pp. 34755–56; Aug. 2, 1965, 89-1, Record, p. 19045. |