[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-20]
[Page 443-447]
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DISTRICT OF COLUMBIA BUSINESS
Sec. 1. In General; Constitutional Background
Sec. 2. Jurisdiction; When District Business is in Order
Sec. 3. Privilege; Precedence
Sec. 4. Consideration; Forms
Sec. 5. -- Debate
Sec. 6. Disposition of Unfinished Business
Sec. 7. Procedure Under Home Rule Act
Research References
4 Hinds Secs. 3304-3311
7 Cannon Secs. 872-880
6 Deschler Ch 21 Sec. 5
Manual Secs. 135, 899, 1013(4)
U.S. Const. art. I Sec. 8
Sec. 1 . In General; Constitutional Background
Generally
Under the Constitution, the Congress is empowered to ``exercise
exclusive legislation in all cases whatsoever, over [the District of
Columbia].'' U.S. Const. art. I Sec. 8. Although the Constitution
gives ``exclusive'' jurisdiction to the Congress over such
legislation, the Congress is not precluded from delegating its powers
over the District to an elective local government. The U.S. Supreme
Court has indicated that the ``exclusive'' jurisdiction granted was
meant to exclude any question of power by adjoining states over the
area and was not intended to prevent an appropriate delegation of
legislative authority to the District. District of Columbia v John R.
Thompson Company, 346 US 100 (1946). See also Stoutengurgh v Hennick,
129 US 141 (1889).
Home Rule
Pursuant to its authority under this constitutional provision,
Congress provided in 1970 for the people of the District to be
represented in the House by a Delegate and for a Commission to report
to the Congress on the organization of the government of the District.
Pub. L. No. 91-405. In 1973, Congress passed the District of Columbia
Self-Government and Governmental Reorganization Act, also known as the
Home Rule Act. It reorganized the governmental structure of the
District, provided for a charter for
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local government, delegated certain legislative powers to the
District, and implemented certain recommendations of the commission.
Pub. L. No. 93-198. 87 Stat. 774. As noted below (Sec. 7, infra), that
statute sets forth a procedure for congressional approval or
disapproval of certain actions by the District of Columbia Council.
See Secs. 303(b), 602(c), 604. See also Manual Sec. 1013(5). The Home
Rule Act reserved to Congress the authority to appropriate by law all
federal and local funds for the District of Columbia.
Sec. 2 . Jurisdiction; When District Business is in Order
All measures relating to the municipal affairs of the District,
with the exception of appropriation bills, fall within the
jurisdiction of the Committee on Government Reform and Oversight. Rule
X clause 1(g). The Committee on the District of Columbia was abolished
in January 1995. H. Res. 6.
The House rules set apart the second and fourth Mondays in each
month for the consideration of District business, if claimed by the
committee, to be considered after the disposition of motions to
discharge and referral business on the Speaker's table. Rule XXIV
clause 8. District of Columbia business is in order on one of the
designated Mondays after other more privileged business, such as a
motion to suspend the rules, and the fact that the House has
considered some District business before such a motion does not affect
the eligibility of further such business after suspensions have been
completed. 98-2, Sept. 17, 1984, p 25523.
District Day may be transferred to another day not specified in
the controlling rule either by unanimous consent or by special order
from the Committee on Rules. Deschler Ch 21 Sec. 5.12. Thus, District
business has been made in order on the fifth Monday of the month by
unanimous consent. 93-2, July 22, 1974, p 24472. The same procedure
may be used to permit the consideration of District business on days
of the week other than Mondays. 91-2, Dec. 3, 1970, p 39843.
Sec. 3 . Privilege; Precedence
The consideration of District business on the specified days is of
qualified privilege only. Deschler Ch 21 Sec. 5. District business
yields to:
<box> Questions as to the privilege of the House. Deschler Ch 21
Sec. 5.3.
<box> Referral business on the Speaker's table. Deschler Ch 21
Sec. 5; Manual Sec. 899.
<box> Conference reports. 8 Cannon Sec. 3292; Deschler Ch 21 Sec. 5.
<box> A privileged resolution on the order of business from the
Committee on Rules. Deschler Ch 21 Sec. 5.4.
<box> Motions to suspend the rules. 98-2, Sept. 17, 1984, p 25523.
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<box> Motions to discharge a committee. 7 Cannon Sec. 872; Manual
Sec. 899.
<box> Motions to resolve into the Committee of the Whole for the
consideration of appropriation bills. 6 Cannon Secs. 716-718; 7
Cannon Sec. 876; Deschler Ch 21 Sec. 5.
On a District Day a motion to go into the Committee of the Whole
to consider District business and a motion to go into the Committee to
consider business generally privileged under a special order are of
equal privilege, and recognition to move either is within the
discretion of the Chair. 7 Cannon Sec. 877.
Sec. 4 . Consideration; Forms
Procedure
Business reported by committee relating to the District of
Columbia is normally taken up for consideration in the House. 87-2,
Sept. 24, 1962, pp 20489-521; 91-2, Dec. 3, 1970, p 39843. However, if
such business is on the Union Calendar, it may be considered in
Committee of the Whole. Deschler Ch 21 Sec. 5.7. Such business may be
considered in Committee of the Whole pursuant to motion (Deschler Ch
21 Sec. 5.9), by unanimous consent (Deschler Ch 21 Sec. 5.7), or
pursuant to a special order (Deschler Ch 21 Sec. 5.15). Such business
has usually been considered by unanimous consent in the House as in
Committee of the Whole, and this is so whether the bill is on the
Union Calendar or the Private Calendar. Deschler Ch 21 Secs. 5.7, 5.8.
The question of consideration may not be raised against District
business generally, but may be raised against a particular bill when
presented. 4 Hinds Secs. 3308, 3309.
Private Bills
When reported, private bills relating to the District of Columbia
may be called up for consideration on a District Monday. 4 Hinds
Sec. 3310; 7 Cannon Sec. 873; Deschler Ch 21 Sec. 5.10. A private bill
may also be considered, by unanimous consent, in the House as in the
Committee of the Whole. 92-2, Apr. 24, 1972, p 14000.
Forms
Union Calendar Bills
Member in charge: Mr. Speaker, I move that the House resolve
itself into the Committee of the Whole House [on the state of the
Union] for the [further] consideration of business on the District
of Columbia Calendar.
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Note: The motion to go into the Committee of the Whole is not
debatable, is not subject to amendment, and may not be laid on the
table or indefinitely postponed. See Committees of the Whole.
And pending that, I ask unanimous consent that general debate be
limited to __________ hours, one-half to be controlled by the
gentleman from __________, Mr. __________, and one-half by myself.
Note: General debate in the Committee of the Whole may be limited
and divided in the House by unanimous consent, but a motion to limit
such debate is not in order until after general debate has begun and
the Committee rises. See Consideration and Debate.
In the House as in Committee of the Whole
Speaker: This is District of Columbia day. The Chair recognizes
the gentleman from __________, chairman of the Committee on
Government Reform and Oversight.
Member: Mr. Speaker, by direction of the Committee on Government
Reform and Oversight, I call up the bill (H.R.__________) to
______________________.
Speaker: The Clerk will report the title to the bill.
Member (after the reading): I ask unanimous consent that the bill
be considered in the House as in Committee of the Whole.
Sec. 5 . -- Debate
Members of the committee with jurisdiction over District of
Columbia business have precedence in recognition for debate on days
claimed by that committee for the consideration of District business.
7 Cannon Sec. 875. General debate in the Committee of the Whole is
under the hour rule unless otherwise provided by the House or the
Committee. 7 Cannon Sec. 874; Deschler Ch 21 Sec. 5.7 (note). Such
debate properly alternates between those favoring and those opposing
the pending proposition. Debate is general debate and is not confined
to the bill under consideration. 7 Cannon Sec. 875. Where the bill is
considered in the House as in Committee of the Whole, as is usually
the case by unanimous consent, there is no general debate; the bill is
considered as read and debate and amendments proceed immediately under
the five-minute rule (see Committees of the Whole).
Sec. 6 . Disposition of Unfinished Business
District business that is unfinished on a day assigned to the
committee with jurisdiction normally goes over to the next eligible
day for that committee. 4 Hinds Sec. 3306. Accordingly, unless the
previous question has been ordered, unfinished business on District
Day does not come again before the
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House until the next District Day (Deschler Ch 21 Sec. 5.13), at which
time it must be affirmatively called up by the Member in charge.
Deschler Ch 21 Sec. 5.14. Unfinished business on one District Day does
not come up on the next District Day unless called up by the
committee. 4 Hinds Sec. 3307; 7 Cannon Secs. 879, 880; Manual
Sec. 899.
Sec. 7 . Procedure Under Home Rule Act
Under the District of Columbia Home Rule Act, the Congress retains
control over amendments to the District of Columbia Charter. Manual
Sec. 1013(5). An amendment to the District of Columbia Charter is
deemed repealed if within 35 days a joint resolution disapproving such
amendment is enacted. See Sec. 303(b) of the Act. Likewise, the
enactments of the District of Columbia Council, with certain
exceptions, are deemed repealed if the Congress within a specified
period enacts a joint resolution in disapproval thereof. Sec. 602(c).
In the House, such resolutions are referred to the Committee on
Government Reform and Oversight. Sec. 604(c). A privileged motion to
discharge that committee is authorized under certain circumstances
where matters affecting the District of Columbia Criminal Code are
involved. The motion is debatable under the hour rule. Sec. 604(d),
(e). The motion is privileged if made after the 20-day period
specified by the Home Rule Act. 97-1, Oct. 1, 1981, pp 22752-22767;
100-1, Oct. 14, 1987, p 27847.
The present Home Rule Act requires that congressional disapproval
be expressed in a joint resolution (a concurrent resolution was
formerly permitted). 94-2, Sept. 22, 1976, p 30748. For a discussion
of the validity and constitutionality of resolutions of disapproval,
see Congressional Disapproval Actions.
Disapproval resolutions are considered in the House unless the
enactment in question affects the U.S. Treasury, in which case they
are considered in the Committee of the Whole. See 96-1, Dec. 20, 1979,
p 7303.
When the Oversight Committee has reported the resolution, or has
been discharged from its consideration, it is in order to move to
consider the resolution. This motion is highly privileged and is not
debatable or amendable. Sec. 604(g). Debate on the resolution is
limited to not more than 10 hours, to be equally divided. Motions to
further limit debate are permitted but are themselves not debatable.
The resolution is not subject to amendment or recommittal.
Sec. 604(h). Motions to postpone or to proceed to the consideration of
other business are not debatable. Sec. 604(i).