[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-36]
[Page 625-632]
[[Page 625]]
ORDER OF BUSINESS
A. The Daily Order of Business
Sec. 1. In General; Varying the Order of Business
Sec. 2. Sequence of Particular Business
Sec. 3. The Daily Practice
B. Privileged Business
Sec. 4. In General; Under the Constitution
Sec. 5. Business Privileged by House Rule
Sec. 6. -- Privilege of Particular Business
Sec. 7. -- Privileged Motions
Research References
4 Hinds Secs. 3056-3152
6 Cannon Secs. 708-757
6 Deschler Ch 21 Secs. 1-8, 28-31
Manual Secs. 878-899
A. The Daily Order of Business
Sec. 1 . In General; Varying the Order of Business
Generally
The order or sequence in which business is taken up for floor
consideration is governed by various House rules. A general rule for
the ``daily order of business'' is set forth in Rule XXIV clause 1.
Manual Sec. 878. Other procedures affecting the order of business
include the Discharge Calendar as provided for by Rule XIII (Manual
Secs. 746, 747), the Private Calendar (Rule XXIV clause 6, Manual
Sec. 893), the Corrections Calendar (Rule XIII clause 4(a), Manual
Sec. 745a), Calendar Wednesday (Rule XXIV clause 7, Manual Sec. 897),
and suspensions (Rule XXVII clause 1, Manual Sec. 902). The order of
business specified by such rules may be varied by unanimous-consent
agreements (see Consideration and Debate), and by special orders
reported from the Committee on Rules and adopted by the House.
Generally, see Special Rules.
Although Rule XXIV states the daily order of business, it does not
bind the House to a fixed daily routine. Other House rules make
certain important subjects privileged so as to permit the daily order
of business to be inter-
[[Page 626]]
rupted or even supplanted entirely for days at a time. See Sec. 7,
infra. But while privileged matters may interrupt the order of
business, they may do so only with the consent of a majority of the
House, as expressed by its vote on the adopting of a special rule, on
a motion to resolve into Committee of the Whole, on the question of
consideration or some other procedural question. It is this system
that enables the House to give precedence to its most important
business without at the same time losing the power by majority vote to
go to any other bills on its calendar. Manual Sec. 879.
The order of business may also be affected when the Speaker
exercises his discretionary authority to recognize Members on
particular questions. The Chair may refuse to recognize for unanimous-
consent requests and holds the power of recognition at all times. See
Recognition.
Scheduling Business
The business of the House is scheduled by the Speaker and the
Members who with him constitute the leadership, acting in concert with
the leadership of each standing committee. Deschler Ch 21 Sec. 1. The
daily or weekly agenda of the House is ordinarily formulated by the
Leadership and implemented by special rules reported from the
Committee on Rules and adopted by the House. The legislative schedule
for the House is announced to the Members by the majority leader or
whip or his designee, or, rarely, by the Speaker himself. 87-2, Aug.
16, 1962, p 16730; 88-2, May 21, 1964, p 11690.
Sec. 2 . Sequence of Particular Business
The general rule specifying the daily order of business is set
forth in Rule XXIV clause 1 (Manual Sec. 878), as follows:
<box> First: Prayer by the Chaplain.
<box> Second: Reading and approval of the Journal, unless postponed.
<box> Third: Pledge of Allegiance to the Flag.
<box> Fourth: Correction of reference of public bills.
<box> Fifth: Disposal of business on the Speaker's table.
<box> Sixth: Unfinished business.
<box> Seventh: The morning hour for bills called up by committees.
<box> Eighth: Motions to go into Committee of the Whole.
<box> Ninth: Orders of the day.
Ranked first in the daily order of business, the prayer precedes
all business. No business is in order before the prayer, which is
offered daily when the House meets. Deschler Ch 21 Sec. 2. A point of
order of no quorum is not entertained before the prayer. Manual
Sec. 774c.
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The next order of business is the approval of the Journal.
Messages from the President or the Senate have been received, and
questions of privileges of the House have been raised before the
approval of the Journal, but no other business, including privileged
business, may intervene. See Journal.
Following the approval of the Journal is the Pledge of Allegiance
to the Flag, which is led by a Member at the invitation of the
Speaker. One-minute speeches, although not provided for by Rule XXIV,
are sometimes entertained by unanimous consent. Sec. 3, infra. It is
then in order to offer motions or unanimous-consent requests for the
rereferring of public bills. See Introduction and Reference of Bills.
Rule XXIV next provides for the disposal of business on the
Speaker's table. Such business consists of executive communications,
messages from the President, bills, resolutions, and messages from the
Senate, and House bills with Senate amendments. Clause 2. Manual
Sec. 882. Messages from the President and messages from the Senate are
matters of privilege and may be received, laid before the House and
disposed of at any time when business permits. Deschler Ch 21 Sec. 2.
Disposition of Senate bills, see Senate Bills; Amendments Between the
Houses.
Under the prescribed order of business in Rule XXIV, the motion to
resolve into Committee of the Whole is in order after the morning hour
for consideration of bills reported by committees and before ``orders
of the day.'' The morning hour provision is largely obsolete and is
not used under the modern practice to call up legislative business.
``Orders of the day'' have not been used in many years, the House
relying instead on special orders, which often supersede the regular
order of business for lengthy periods. 4 Hinds Sec. 3056. See Special
Rules.
An order of business resolution reported from the Committee on
Rules making in order the motion to resolve into the Committee of the
Whole (or permitting the Speaker to declare that the House so resolve)
to consider a particular bill, gives precedence to the motion (equal
to the precedence of the motion to resolve into Committee of the Whole
for consideration of an appropriation bill). Deschler Ch 21 Sec. 30.3.
The motion to resolve into the Committee of the Whole may also be made
privileged by the provisions of a statute. Deschler Ch 21 Secs. 30.8
et seq.
As to when particular matters are in order, see Appropriations;
Conferences Between the Houses; Calendars; District of Columbia
Business; Private Calendar; Questions of Privilege; Quorums;
Resolutions of Inquiry; Veto of Bills.
[[Page 628]]
Sec. 3 . The Daily Practice
The sequence of events on the House floor on any given day may
vary from the prescribed order. Certain customs and norms have been
developed over the last 40 years which allow Members to express their
concerns on matters not pending before the House or scheduled for
consideration in the daily or weekly agenda. One-minute speeches,
special-order speeches and the ``morning hour'' are all vehicles for
this type of free expression. See Consideration and Debate.
On each legislative day, certain events do occur in a predictable
order. The prayer, the approval of the Journal, the Pledge of
Allegiance, all occur with regularity, although the actual vote on the
approval of the Journal may be postponed.
Before reaching the scheduled business of the day, the Speaker
usually agrees to recognize Members for one-minute speeches. He may
limit the number if the anticipated legislative schedule is full. See
Consideration and Debate for practices and norms relating to such
speeches. Because of the precise language in the rules governing the
Private Calendar, the Corrections Calendar and the discharge rule,
one-minute speeches may await the disposition of those types or
classes of business.
Following the disposition of one minutes, the Chair may signal the
advent of legislative business by laying down messages received from
the President or the Senate and may make announcements concerning
appointments or informing the House of communications addressed to him
in his official capacity.
Following these ``preliminary matters,'' the House may proceed to
business holding a privileged status for that day. That special status
may be set by a standing rule, by a special order reported by the
Committee on Rules or an order previously adopted by the House either
by unanimous consent or motion.
Once this business is reached, the prescribed order is still
subject to some flexibility. Certain roll call votes may be postponed
or ``clustered'' to occur in sequence, pursuant to the Speaker's
authority under Rule I.
When scheduled business has been completed, it is again customary
for Members to be given an opportunity to address the House on other
subjects. Special-order speeches may be granted, by unanimous consent,
for up to one hour per Member. Limits on the number and duration of
such speeches have been mutually agreed upon by the leadership of the
two parties and enforced by the exercise of the Speaker's power of
recognition.
[[Page 629]]
B. Privileged Business
Sec. 4 . In General; Under the Constitution
Privileged business is business of such importance as to enjoy
precedence over the regular order of business; it is business which
can supersede or interrupt other matters which might otherwise be
called up or be pending before the House. Manual Secs. 879, 880.
Privileged questions are to be distinguished from what are termed
``questions of privilege.'' Privileged questions relate to the order
or priority of business under the rules of the House, whereas
``questions of privilege'' pertain to the safety and dignity of the
House or the integrity of its proceedings, or to the rights or
reputation of its Members under Rule IX. 3 Hinds Secs. 2654, 2718. See
Questions of Privilege.
Privilege may be derived from language used in the U.S.
Constitution, from the rules and practices of the House, and from
statutes enacted pursuant to the legislative rulemaking power. Because
of constitutional provisions a veto message from the President is
privileged for consideration when received by the House. This
privilege arises from article I, section 7, clause 2 of the
Constitution. See Veto of Bills. Likewise, since the power of the
House in the impeachment of civil officers arises from article I,
section 2, clause 5 of the Constitution, the House has determined that
propositions to impeach, and reports from the committee investigating
charges of impeachment, are highly privileged for consideration. See
Impeachment. Similarly, since article VI, clause 3 provides that
Representatives shall take an oath, the administration of the oath to
Members is privileged; a Member-elect appearing during a session may
be administered the oath as a matter of the highest privilege which
may interrupt other business. See Oaths.
Certain propositions are privileged for consideration because of
indirect constitutional mandate. Examples are concurrent resolutions
for adjournment sine die or to a day certain (see Adjournment) and
motions incident to establishing a quorum (see Quorums). But privilege
is not conferred merely because the question is one committed to the
House under the Constitution. For example, a resolution to confirm the
nomination of the Vice President, a duty committed to the House under
the 25th amendment to the Constitution, is not privileged for
consideration. Deschler Ch 21 Sec. 28.
Sec. 5 . Business Privileged by House Rule
A variety of bills, reports, and resolutions are privileged for
consideration under the House rules. Some committees are given the
power to report to the House at any time on certain subjects. See
Committees. Certain
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kinds of reports are privileged for consideration when reported by any
committee, including reports on the contempt of witnesses (see
Contempt Power) and on resolutions of inquiry (see Resolutions of
Inquiry).
In order to retain its privilege, a privileged report must be
submitted as privileged from the floor while the House is in session
(and not filed in the hopper). A committee may, however, obtain by
unanimous consent permission to file a privileged report while the
House is not in session. Deschler Ch 21 Sec. 29.
Privilege of matters relating to election contests, see Election
Contests and Disputes.
Sec. 6 . -- Privilege of Particular Business
The House rules make certain important subjects privileged so as
to permit the daily order of business to be interrupted or even
supplanted entirely for days at a time. Among the privileged matters
which may interrupt the order of business are:
<box> General appropriation bills. Rule XVI clause 9; 4 Hinds
Sec. 3072.
<box> Conference reports. Rule XXVIII clause 1(a); 5 Hinds
Sec. 6443.
<box> Motions to request or agree to a conference. Rule XX. 92-2,
Aug. 1, 1972, p 26153.
<box> Special orders reported by the Committee on Rules. Rule XI
clause 4(b); 4 Hinds Secs. 3070, 3071, 4621.
<box> Consideration of amendments between the Houses after
disagreement. 4 Hinds Secs. 3149, 3150.
<box> Questions of privilege. Rule IX. See Questions of Privilege.
<box> Bills coming over from a previous day with the previous
question ordered. 5 Hinds Secs. 5510-5517.
<box> Bills returned with the objections of the President. 4 Hinds
Secs. 3534-3536.
<box> Measures in order on the Corrections Calendar. Rule XIII
clause 4.
Some propositions are privileged for consideration on certain days
of the week or month. On any Monday or Tuesday, for example, the
Speaker may recognize Members to move to suspend the rules and pass
bills. Manual Sec. 902. The second and fourth Mondays of the month are
set apart for such business as may be presented by the District of
Columbia Committee. Manual Sec. 899. Bills on the Private Calendar are
called on the first Tuesday of the month and also on the third Tuesday
if directed by the Speaker. Manual Sec. 895. The Speaker has the
discretion to dispense with the call of the Private Calendar on the
third Tuesday. 101-2, Oct. 16, 1990, p __________. The Speaker has the
discretion to direct the call of Corrections Calendar bills on the
second and fourth Tuesdays of the month. Manual Sec. 745a.
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Other classes of business are not only given a prescribed day but
are also keyed to a specific reference in the order of business
prescribed in Rule XXIV clause 1. Motions to discharge, for example,
when perfected and otherwise eligible can be called up after the
approval of the Journal (Rule XXVII clause 3); a motion to resolve
into the Committee of the Whole on a general appropriation bill is in
order immediately following the reading of the Journal (Rule XVI
clause 9); District business is given a position following ``disposal
of business on the Speaker's table which requries reference only''
(Rule XXIV clause 8); the Corrections Calendar follows the Pledge of
Allegiance (Rule XIII clause 4). Both the provisions which designate a
day for the class of business, and those which give that class a
specified place in the order of business, can be changed by the House
by adoption of a special order, generated by a report from the
Committee on Rules, a unanimous-consent agreement, or a motion under
the suspension procedure.
The privileged status that is conferred on certain classes of
business does not necessarily carry with it an exemption from
applicable layover requirements of the House rules. Thus, a conference
report may be called up for floor consideration as privileged business
only after the report has been filed and is in compliance with the
three-day layover and two-hour availability requirements of Rule
XXVIII, discussed elsewhere. See Conferences Between the Houses.
On occasion when the Speaker is faced with competing Members
seeking recognition for consideration of different items of business,
he must determine whether one class or type of business is of a higher
precedence than the other. In making these determinations, he relies
on the language of the House rules which give the matter precedence
and, occasionally, on prior rulings of the Chair which may
predetermine his choice. Deschler Ch 21 Sec. 31 contains a compilation
of such rulings. They are of lesser relevance in the modern practice
since the House usually determines the order of consideration by
adoption of a special order reported from the Committee on Rules. It
should also be noted that the priority of propositions of equal or
near-equal privilege may be determined by the Chair as within his
power of recognition.
Sec. 7 . -- Privileged Motions
Certain motions relating to the order of business are given
precedence under the rules of the House. Examples are the motion to
suspend the rules, which may be used to change the order of business
as well as to adopt a measure (see Suspension of Rules), and the
motion to dispense with Cal-
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endar Wednesday (see Calendar Wednesday). The motion that the House
resolve itself into the Committee of the Whole to consider a general
appropriation bill is likewise privileged under the rules. See
Appropriations.
Under the modern practice, a motion to discharge a committee, when
called up pursuant to the provisions of the discharge rule (Manual
Sec. 908), is privileged, and the Speaker may decline to recognize for
a matter not related to the proceedings. 7 Cannon Sec. 1010. Such
motions take precedence over business merely privileged under the
general rules of the House. 7 Cannon Sec. 1011. See Discharging
Measures From Committees.
A matter may be sent to conference pursuant to a privileged motion
permitted by House Rule XX clause 1 where the motion has been
authorized by the committee (or committees) with jurisdiction over the
bill. Manual Sec. 827. See 94-2, Aug. 26, 1976, p 27831; 95-1, Oct.
12, 1977, p 33433. The motion is privileged at any time the House is
in possession of the papers if the appropriate committee has
authorized the motion and the Speaker in his discretion recognizes for
that purpose. 94-1, Mar. 20, 1975, p 7646. A motion to discharge or
instruct conferees is privileged under Rule XXVIII clause 1(c). See
Conferences Between the Houses.
Precedence of secondary motions, see Amendments; Lay on the Table;
Postponement; Previous Question; Refer and Recommit; and
Reconsideration.