DAY

"Day" as Defined for Consideration of Appropriations Bill: "Day," under the provision of the Legislative Reorganization Act of 1946 requiring committee hearings and reports on all general appropriation bills to be available for at least three calendar days to Members of the House in which reported, "is figured on the basis of three calendar days" and not on the basis of the number of hours the reports and hearings have been available.'

"Day" as Used for "Two Speeches in Same Day":

The word "day" as used in Rule XIX, holding that no Senator shall speak more than twice upon any one question in debate on the same day means a legislative day."

"Day" as Used for Unanimous Consent Agreement:

Where a unanimous consent agreement provides for a vote on the passage of a bill on a specified day, not designated as a legislative day, it is construed to mean a calendar day, and the bill must be disposed of by midnight of that day.3

"Day" as Used in "Over Under the Rule":

All resolutions, under Rule XIV, paragraph 6, shall lie over 1 day for consideration, unless by unanimous consent the Senate shall otherwise direct, and "day" as used here, means a legislative day.*

"Day" as Used in "Report To Lie Over One Day":

The word "day," as used in the rule requiring a committee report a bill to lie over 1 day, means a legislative day, and not a calendar day."

"Day" as Used in the Rules:

The word "day," as used in the rules, unless it is specified as a calendar day, is construed to mean a legislative day.*

'July 8, 1937, 75-1, Journal, p. 403, Record, p. 6897; see also Feb. 28, 1949,

81-1, Record, p. 1585; Jan. 19, 1938, 75-3, Record, pp. 751-52.

4

.

Apr. 18, 1916, 64–1, Record, p. 6353.

* Jan. 22 and 23, 1926, 69-1, Journal, p. 104.

Feb. 28, 1921, 66-3, Journal, p. 150, Record, p. 4064; Mar. 2, 1921, 66-3,

Journal, p. 159, Record, pp. 4243, 4244; see Mar. 1, 1921, 66–3, Record, p. 4173;

Dec. 19, 1944, 78-2, Record, pp. 9775–78.

* Dec. 13, 1919, 66-2, Record, p. 500.

Day's Notice for Suspension of Rules-Definition of:

See also "Rules," pp. 774-779.

One day's notice as required by the rule to be given in the case of a motion for the suspension of a rule, has been defined as a calendar day, and not a legislative day.'

In the 76th Congress, a resolution prescribing a calendar day's notice as sufficient was reported from the Rules Committee, but died on the Calendar.s

Days Within Which To File Report:

A request for a specified number of days within which to file a minority report on a bill contemplates calendar days, exclusive of Sundays, under the usual method of computing time in such cases."

"Executive" Day:

The word "day," as applied to executive sessions, means a calendar and not a legislative day.10

The requirement of the rule for 1 day to elapse before the presentation of a resolution of ratification of a treaty is met by a recess of the Senate taken in legislative session." Legislative Day:

A legislative day, which continues from the beginning of a day's session following an adjournment until another adjournment, is not affected in any way by a recess of the Senate. Hence, matters which must lie over a day before a motion to proceed to their consideration is in order under the rule, must lie over a legislative day as contrasted with a calendar day; and a motion to take up a measure would be subject to a point of order after such a measure has been

Feb. 6, 1923, 67-4, Journal, p. 139; Jan. 27, 1931, 71-3, Record, p. 3306; Apr. 6, 1942, 77-2, Record, p. 3348; Feb. 11, 1925, 68-2, Record, p. 3494; Feb. 6, 1923, 67-4, Journal, p. 139, Record, p. 3135; see also Mar. 3, 1919, 65-3, Record, pp. 4967-68; Apr. 18, 1952, 82-2, Record, p. 4097; Feb. 28, 1921, 66–3, Record, p. 4054; Jan. 27, 1931, 71-3, Record, p. 3306.

Jan. 16 and Feb. 6, 1939, 76-1, Record, pp. 1150-51.

Feb. 25, 1921, 66–3, Record, p. 3870.

10 June 16, 1938, 75-3, Record, pp. 9514-15, 9522; Aug. 21, 1937, 71-1, Record, pp. 9602-03.

11

See Apr. 9, 1945, 79-1, Record, pp. 3176–77.

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reported until the Senate adjourns, even though the Senate may have already recessed over many calendar days.' An adjournment of the Senate terminates a legislative day. In 1922, one legislative day ran from April 20 through August 2-a total of 105 calendar days.13

DAY'S NOTICE TO SUSPEND, MODIFY, OR AMEND RULES

See "Day," pp. 381-383; "Rules," pp. 774-779.

DEATHS

See "Memorial Services," for announcement of deaths and eulogies to memory of Senators, pp. 531-534.

"Apr. 30, 1948, 80–2, Record, p. 5090; Mar. 2, 1921, 63–3, Journal, p. 159; May 2, 1951, 82-1, Record, pp. 4704-05; Aug. 27, 1951, 82-1, Record, p. 10679; Dec. 10, 1941, 77-1, Record, pp. 9601-05; April 5, 1938, 75-3, Journal, p. 275, Record, pp. 4709, 4710; Mar. 3 and 4, 1927, 69-2, Journal, pp. 274, 277, 282; see also under "Reports," pp. 520–531; Feb. 28 and Mar. 2, 1921, 66–3, Journal, p. 150, Record, pp. 4064, 4243, 4244.

"Aug. 2, 1922, 67–2, Journal, pp. 362–63.

DEBATE

The Senate operates under the practice of unlimited debate, and until 1964 there was no requirement that the debate be germane to the pending question. In that year, Rule VIII was amended to provide that "at the conclusion of the Morning Hour or after the unfinished business or pending business has first been laid before the Senate on any calendar day, and until after the duration of three hours, except as determined to the contrary by unanimous consent or on motion without debate, all debate shall be germane and confined to the specific question then pending before the Senate."

Once a Senator is recognized after the unfinished business has been laid down or after the close of the Morning Hour, he is at liberty to speak for as long as he wishes to hold the floor, unless called to order under Rule XIX, or otherwise forfeits his right to the floor. This privilege may be curtailed by unanimous consent agreements limiting debate, or by the consideration of some matter considered under a law which provides for a limitation of debate on that particular matter, as was the case during the consideration of Reorganization Plans under the Reorganization Act of 1949, or by invoking cloture.

Rule XIX

[Recognition of Senators and Conduct of Debate; Decorum in Galleries; Persons in Galleries Cannot Be Acknowledged; and Former Presidents May Address Senate]

1. When a Senator desires to speak, he shall rise and address the Presiding Officer, and shall not proceed until he is recognized, and the Presiding Officer shall recognize the Senator who shall first address him. No Senator shall interrupt another Senator in debate without his consent, and to obtain such consent he shall first address the Presiding Officer, and no Senator shall speak more than twice upon any one question in debate on the same day without leave of the Senate, which shall be determined without debate.

2. No Senator in debate shall, directly or indirectly, by any form of words impute to another Senator or to other Senators any conduct or motive unworthy or unbecoming a Senator.

3. No Senator in debate shall refer offensively to any State of the Union.

4. If any Senator, in speaking or otherwise, in the opinion of the Presiding Officer transgress the rules of the Senate the Presiding Officer shall, either on his own motion or at the request of any other Senator, call him to order; and when a Senator shall be called to order he shall take his seat, and may not proceed without leave of the Senate, which, if granted, shall be upon motion that he be allowed to proceed in order, which motion shall be determined without debate. Any

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Senator directed by the Presiding Officer to take his seat, and any Senator requesting the Presiding Officer to require a Senator to take his seat, may appeal from the ruling of the Chair, which appeal shall be open to debate.

5. If a Senator be called to order for words spoken in debate, upon the demand of the Senator or of any other Senator, the exceptionable words shall be taken down in writing, and read at the table for the information of the Senate.

6. Whenever confusion arises in the Chamber or the galleries, or demonstrations of approval or disapproval are indulged in by the occupants of the galleries, it shall be the duty of the Chair to enforce order on his own initiative and without any point of order being made by a Senator.

7. No Senator shall introduce to or bring to the attention of the Senate during its sessions any occupant in the galleries of the Senate. No motion to suspend this rule shall be in order, nor may the Presiding Officer entertain any request to suspend it by unanimous consent.

8. Former Presidents of the United States shall be entitled to address the Senate upon appropriate notice to the Presiding Officer who shall thereupon make the necessary arrangements.

Rule V, Paragraphs 2 and 3

[Suggestion of Quorum and Procedure To Obtain Same]

If, at any time during the daily sessions of the Senate, a question shall be raised by any Senator as to the presence of a quorum, the Presiding Officer shall forthwith direct the Secretary to call the roll and shall announce the result, and these proceedings shall be without debate.

Whenever upon such roll call it shall be ascertained that a quorum is not present, a majority of the Senators present may direct the Sergeant at Arms to request, and, when necessary, to compel the attendance of the absent Senators, which order shall be determined without debate; and pending its execution, and until a quorum shall be present, no debate nor motion, except to adjourn, shall be in order.

Rule VII, Paragraphs 2, 3, 5, and 7

[Morning Business-No Debate, Motions, Petitions and Memorials, and Chair Lays Matters Before Senate]

It shall not be in order to interrupt a Senator having the floor for the purpose of introducing any memorial, petition, report of a committee, resolution, or bill. It shall be the duty of the Chair to enforce this rule without any point of order hereunder being made by a Senator.

3. Until the morning business shall have been concluded, and so announced from the Chair, or until the hour of 1 o'clock has arrived, no motion to proceed to the consideration of any bill, resolution,