[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-28]
[Page 555-561]
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JOURNAL
Sec. 1. Generally; Publication
Sec. 2. Matters Entered in the Journal
Sec. 3. -- Votes and Quorum Calls
Sec. 4. Reading and Approval
Sec. 5. -- Precedence; Interruptions
Sec. 6. Motions That the Journal Be Read
Sec. 7. Reading Practices and Customs
Sec. 8. Motions to Approve
Sec. 9. Amendments and Corrections
Research References
4 Hinds Secs. 2726-2883
6 Cannon Secs. 623-637
1 Deschler Ch 5 Secs. 8-14
Manual Secs. 582, 621
U.S. Const. art. I Sec. 5
Sec. 1 . Generally; Publication
The Journal is a record of the proceedings of each legislative day
in the House. The Journal--and not the Congressional Record--is the
official record of the proceedings of the House (4 Hinds Sec. 2727;
Manual Sec. 582), and certified copies thereof are admissible in
judicial proceedings (28 USC Sec. 1736).
The U.S. Constitution requires the House to keep a Journal and
publish it excepting such as may require secrecy (art. I Sec. 5). The
purpose of this constitutional requirement is to insure that the
proceedings of the House be a matter of public record. Deschler Ch 5
Sec. 8.
Sec. 2 . Matters Entered in the Journal
The content of the House Journal is governed by the U.S.
Constitution, by statute, and by the rules and practices of the House
itself. Deschler Ch 5 Sec. 10. The Constitution sets forth the general
requirement that the ``proceedings'' of the House be kept in the
Journal (art. I Sec. 5). It further specifies that the Journal reflect
votes taken by the yeas and nays (Sec. 3, infra), as well
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as veto messages from the President (art. I Sec. 7), and since such
matters are always entered in the Journal, no motion or request to
that effect is necessary (Deschler Ch 5 Sec. 10.4). Except as limited
by these constitutional requirements, the House has the discretion to
determine the content and format of its Journal, and it controls the
extent to which House business is particularized therein. Deschler Ch
5 Sec. 10.
Exclusions
The Journal records House actions and proceedings. It is not a
verbatim transcript (89-1, Sept. 13, 1965, p 23600), and does not
include:
<box> The rationale for, or all the circumstances attending, House
action (4 Hinds Secs. 2811, 2812).
<box> Verbatim accounts of debate and special-order speeches (89-1,
Sept. 13, 1965, p 23600).
<box> The deliberations of the Committee of the Whole, except for
recorded votes. Journal entries of recorded votes, see Manual
Sec. 630a.
<box> Unanimous-consent requests that meet with objection (Deschler
Ch 5 Sec. 10.2).
<box> Parliamentary inquiries or motions that are withdrawn or not
entertained (4 Hinds Secs. 2813, 2844).
Inclusions
Proceedings that are reflected in the Journal include:
<box> Public bills, resolutions, and documents introduced and
referred under the rules (Manual Sec. 854), by number, title,
and committee of reference.
<box> Private bills, petitions, and memorials introduced and
referred, with the exception of those measures determined to be
of obscene or insulting character (Manual Sec. 849).
<box> The name of the Member introducing the measure together with
the words ``by request'' if appropriate (Deschler Ch 5
Sec. 10.7).
<box> Special rules from the Committee on Rules providing for the
consideration of a measure.
<box> The disposition of measures called up for consideration in the
House or Committee of the Whole.
<box> Questions of order arising during the proceedings of the House
(Manual Sec. 641).
<box> Reports of committees delivered to the Clerk for printing and
reference, by title or subject (Manual Sec. 743).
<box> Motions entertained by the Speaker--including motions to amend
(Manual Sec. 580)--unless withdrawn on the same day (Manual
Sec. 775).
<box> Motions to discharge when signed by a majority of the total
membership (Manual Sec. 908).
<box> The discharge of the Committee of the Whole from the further
consideration of a bill (Deschler Ch 5 Sec. 10.9).
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<box> Conference reports and the disposition thereof (Manual
Sec. 542).
<box> Messages giving notice of bills passed or approved (Manual
Sec. 935).
<box> Veto messages from the President (U.S. Const. art. I Sec. 7).
<box> Unanimous-consent requests agreed to by the House, and action
taken pursuant thereto.
<box> The names of Members speaking pursuant to a special order and
the time allocated therefor.
<box> Expungements from the Congressional Record ordered by the House
(Deschler Ch 5 Sec. 10.10).
<box> Disciplinary censure of a Member pursuant to order of the House
(2 Hinds Sec. 1251).
<box> The time of adjournment (Manual Sec. 790).
Sec. 3 . -- Votes and Quorum Calls
The Journal must reflect certain information relating to votes,
roll calls, and quorum calls. The Journal should record the result of
every vote and state in general terms the subject of that vote (4
Hinds Sec. 2804). The U.S. Constitution requires that votes taken by
the yeas and nays be entered in the Journal (art. I Sec. 5). The
Journal should further disclose:
<box> The names of those Members voting on each side of the question,
as well as those not voting, when a recorded vote is taken
pursuant to Rule I clause 5 (Manual Sec. 630).
<box> The names of those Members recorded electronically as voting on
any roll call or quorum call taken pursuant to Rule XV clause 5
(Manual Sec. 774b).
<box> The names of those Members told by clerks when the Speaker in
the absence of a quorum directs that the presence of Members be
determined by this procedure in lieu of the electronic system
(Manual Sec. 771b).
<box> The names of those Members voluntarily appearing to be recorded
as present when a call of the House in the old form is
conducted (Manual Sec. 768).
<box> The names of those Members recorded as absent after a quorum
call (Manual Sec. 771b).
Sec. 4 . Reading and Approval
Pursuant to a recent change in Rule I clause 1, the Speaker is
authorized to announce his approval of the Journal. The Speaker's
approval of the Journal is deemed agreed to subject to a vote on
demand of any Member. Manual Sec. 621.
The Speaker: The Chair has examined the Journal of the last day's
proceedings and announces to the House his approval thereof. Without
objection, the approval is agreed to.
Member: Mr. Speaker, I object.
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The Speaker: The gentleman from ______ objects to the Speaker's
approval of the Journal. The question is on agreeing to the
Speaker's approval. Those in favor will say ``Aye'', those opposed
``No.''
Member: Mr. Speaker, I ask for the Yeas and Nays . . . [or] . . .
I make a point of order that a quorum is not present and object to
the vote on the ground that a quorum is not present.
Since the approval of the Journal is legislative business and is in
order only in legislative sessions, it is not in order when the House
has precluded any legislative business during a pro forma session (96-
2, Jan. 7, 1980, p 25).
At one time, the reading of the Journal of each legislative day
was mandatory and could be dispensed with only by unanimous consent (6
Cannon Sec. 625) or under suspension of the rules (4 Hinds Sec. 2747).
Today, however, if the Speaker after examining the Journal announces
his approval thereof, the Journal is to be considered as read (Manual
Sec. 621). Pursuant to this timesaving procedure, the House ordinarily
dispenses with the actual reading of its Journal. But if the Speaker's
approval is disagreed to, the rules authorize the making of one motion
that the Journal be read (Sec. 6, infra). When the reading is ordered,
a motion to amend the Journal is in order after the reading is
completed (Sec. 9, infra).
The Speaker's approval of the Journal no longer requires the
presence of a quorum. And the rules specify that a point of order of
no quorum may not be made during a reading of the Journal if the
presence of a quorum has once been ascertained on that day (Manual
Sec. 774c). But if a quorum fails to respond on a motion incident to
the approval, reading or amendment of the Journal, and there is an
objection to the vote on that ground, a call of the House is automatic
(95-1, Feb. 2, 1977, p 3342).
Since the Journal is the official record of the proceedings of the
House, its approval is not subject to the requirement that it
correspond with the Congressional Record (Deschler Ch 5 Sec. 14.2).
The Journal is controlling in the event of a discrepancy between the
Journal and the Record (89-1, Jan. 8, 1965, p 452). There should be no
delay in the approval of the Journal merely because its description of
an action taken is inconsistent with the description of the same
matter in the Record (Deschler Ch 5 Sec. 14.2). The reading of the
Journal may not be interrupted by a request to correct the Record
(Deschler Ch 5 Sec. 12.23).
Sec. 5 . -- Precedence; Interruptions
When the House convenes for a new legislative day the approval of
the Journal is first in order of business after the daily prayer
(Manual Sec. 878), even if it is the second legislative day on the
same calendar day. 97-1, Nov. 17, 1981, p 27772. It follows that the
transaction of House business, how-
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ever highly privileged, prior to such approval, is not in order (90-2,
Oct. 8, 1968, p 30095). Thus, the approval of the Journal takes
precedence over reports from the Committee on Rules (Deschler Ch 5
Sec. 12.2), as well as reports from conference committees (Manual
Sec. 909). Similarly, motions incident to the approval of the Journal,
such as a motion to amend it, take precedence over motions relating to
the consideration of bills (Deschler Ch 5 Sec. 18.8). But certain
procedural matters are permitted to intervene even though the approval
of the Journal is pending. They include:
<box> Simple motions to adjourn (Deschler Ch 5 Sec. 12.3).
<box> Administration of the oath to a Member-elect (Deschler Ch 5
Sec. 12.5).
<box> Parliamentary inquiries (88-2, Apr. 9, 1964, p 7356).
<box> The reception of messages from the Senate during an
interruption of the reading of the Journal (Deschler Ch 5
Sec. 12.12).
<box> The reception of messages from the President received during an
interruption of the reading (87-2, Aug. 27, 1962, p 17651).
<box> Requests that Calendar Wednesday business be dispensed with
where such requests are made before (Deschler Ch 5 Sec. 12.10)
but not during (Deschler Ch 5 Sec. 12.24) the reading.
<box> Questions of privilege affecting the House collectively (2
Hinds Sec. 1630).
<box> Arraignments of impeachment (6 Cannon Sec. 469).
Of course, the House may by unanimous consent specifically
authorize that certain proceedings (such as the Speaker's declaration
of a recess) be taken up prior to the Journal (Deschler Ch 5
Sec. 12.8). And the Speaker has the discretion to entertain unanimous-
consent requests made prior to the taking up of the Journal (Deschler
Ch 5 Sec. 12.9), but he may decline to do so if a reading thereof is
pending (Deschler Ch 5 Sec. 12.11).
Sec. 6 . Motions That the Journal Be Read
If the Speaker's approval of the Journal is disagreed to under
Rule I clause 1, one motion that the Journal be read is in order
(Manual Sec. 621):
Member: Mr. Speaker, I move pursuant to the Rules of the House
that the Journal be read.
The Speaker: The question is, shall the Journal be read?
The motion is privileged but not debatable (94-1, Apr. 23, 1975, p
11482).
Sec. 7 . Reading Practices and Customs
Journal readings, when permitted under the modern practice, are
conducted in accordance with the customs of the House (Deschler Ch 5
Sec. 11.1). Pursuant to a custom of long-standing, when the Journal
Clerk reads the
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Journal for the previous day, he omits such matters as the names of
Members responding to roll calls and the texts of messages received.
But after the Speaker or the House has ordered that the Journal be
read, a Member may demand that the Journal be read in full (Deschler
Ch 5 Sec. 11.3), in which case the Clerk must read the Journal for the
previous day in its entirety, including:
<box> The names of Members responding to roll calls (88-2, Apr. 9,
1964, p 7355).
<box> The names of Members responding to yea and nay votes (Deschler
Ch 5 Sec. 11.5).
<box> The text of any messages from the President (86-2, May 4, 1960,
p 9413).
Where a demand that the Journal be read in full is made after a
portion thereof has been read, the Clerk begins a detailed reading at
that point and does not return to reread that portion which has been
passed (89-1, Sept. 13, 1965, p 23598).
The reading of the Journal by the Clerk may be terminated by
unanimous consent (Deschler Ch 5 Sec. 11), and may be temporarily
suspended or waived in the event of disorder on the floor (2 Hinds
Sec. 1630; 4 Hinds Sec. 2759) or pending a discussion of the validity
of the previous day's adjournment (89-1, July 16, 1965, p 17102).
Sec. 8 . Motions to Approve
A motion to approve the Journal is ordinarily unnecessary under
the modern practice of the House, because the Speaker is authorized
under Rule I clause 1 to examine it and announce his approval thereof.
However, the Speaker's approval may be put to a vote on demand of a
Member (Manual Sec. 621). And if the Speaker orders that the Journal
be read, or if the House adopts a motion to that effect, a motion that
the Journal be approved as read may be entertained:
Member [after the Clerk has concluded the reading of the Journal]:
Mr. Speaker, I move that the Journal as read stand approved; and on
that motion I move the previous question.
The Speaker: The question is on ordering the previous question. .
. .
The Speaker [after an affirmative vote on the previous question]:
The question is, shall the Journal of the last day's proceedings
stand approved?
Note: The yeas and nays may be had on votes taken in connection
with the motion to approve (Deschler Ch 5 Sec. 14.9).
If the motion to approve is adopted by the House, further motions
incident to the reading or correction of the Journal are out of order.
If the mo-
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tion to approve is rejected by the House, the Journal is subject to
amendment (see Sec. 9, infra).
The motion to approve the Journal as read should be made when the
Clerk completes his reading, but the Speaker may entertain such a
motion even though it interrupts the reading in the absence of a
timely objection thereto (Deschler Ch 5 Secs. 14.3-14.6).
The motion to approve is debatable until the previous question is
ordered on that motion. A Member may demand the right to debate the
motion even after the ordering of the previous question (89-1, Sept.
13, 1965, p 23602), if he invokes his right to do so under the so-
called 40-minute rule (Rule XXVII clause 3), provided that there has
been no previous debate on the motion (Manual Sec. 907).
The motion to approve may be disposed of by the adoption of a
motion to lay on the table (Deschler Ch 5 Sec. 14.8) even though the
previous question has been demanded on the motion to approve; in such
cases the motion to table the motion to approve is entertained and
first put (89-1, Sept. 13, 1965, p 23600). The question of agreeing to
the Speaker's approval of the Journal is also subject to postponement
pursuant to Rule I clause 5(b)(1).
Sec. 9 . Amendments and Corrections
Errors or omissions in the previous day's Journal may be corrected
by motion or by unanimous consent:
Member [after obtaining recognition]: Mr. Speaker, I move to amend
the Journal by inserting [or by striking or by striking out and
inserting] ________________________.
The Member offering the motion is recognized under the hour rule. 101-
2, Mar. 19, 1990, p 4488. The motion to amend the Journal is in order
after the Journal has been read (89-1, Sept. 13, 1965, p 23598); it
may not be entertained prior to (Deschler Ch 5 Sec. 13.1), or during
(89-1, Sept. 13, 1965, p 23598), the reading. The motion to amend is
not in order after the approval of the Journal by the House. The
motion to amend takes precedence over the motion to approve (Deschler
Ch 5 Sec. 13), but will not be admitted after the previous question
has been demanded on the motion to approve (89-1, Sept. 13, 1965, p
23600).
Matters extraneous to the Journal, such as an expression of an
opinion by a Member as to a ruling made by the Chair on the previous
legislative day, may not be offered by way of the motion to amend (4
Hinds Sec. 2848).
The motion to amend is applicable only to the Journal of the
previous day. Corrections relating to a Journal of a day prior to the
previous legislative day are made by unanimous consent (Deschler Ch 5
Sec. 13).