[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-5]
[Page 153-159]
[[Page 153]]
ASSEMBLY OF CONGRESS
Sec. 1. In General; Day of Convening
Sec. 2. Hour of Meeting
Sec. 3. Organizational Business--First Session
Sec. 4. Organizational Business--Second Session
Sec. 5. Adoption of Rules
Sec. 6. Procedure Prior to Adopting Rules
Sec. 7. Taking Up Legislative Business
Research References
1 Hinds Secs. 1-10; 5 Hinds Secs. 6758-6762
6 Cannon Secs. 1-5
1 Deschler Ch 1
Manual Sec. 245
Sec. 1 . In General; Day of Convening
Generally
The Constitution provides that each regular session of Congress
shall begin on January 3 unless Congress by law appoints a different
day. U.S. Const. amend. XX, Sec. 2. A joint resolution, which has not
been considered privileged, is used to provide for the convening of a
Congress on a day other than that specified by the Constitution. 94-2,
Oct. 1, 1976, p 35130. See also H.J. Res. 377, providing for the
convening of the 97th Congress, second session, on Jan. 25, 1982,
rather than on Jan. 3, 1982. For other laws appointing a different day
for assembling, see Manual Sec. 243. The joint resolution may
originate either in the House (95-1, Dec. 15, 1977, p 38948) or in the
Senate (93-1, Dec. 17, 1973, p 42059).
The President has the constitutional authority to convene the
Congress earlier than on the day it has fixed for its reconvening. He
may exercise this authority on ``extraordinary occasions'' by
convening either or both Houses. U.S. Const. art. II, Sec. 3. A number
of early Congresses were convened by Presidential proclamation (1
Hinds Secs. 10, 12). The last session so convened was in the 76th
Congress.
Pro Forma Meetings
Upon completion of the legislative business for a session, the
House may schedule pro forma meetings for the remainder of the
constitutional term. 96-1, Dec. 14, 1979, p 36200. For example, as the
first session of
[[Page 154]]
the 96th Congress drew to a close, the House, by unanimous consent,
agreed to convene every third day for the remainder of the session,
including a final pro forma meeting immediately prior to the
constitutional expiration of the session at noon on Jan. 3, 1980. 96-
1, Dec. 20, 1979, p 37317. Similarly, in the 102d Congress, pursuant
to the concurrent resolution that placed the two Houses in an
intrasession adjournment from November 27, 1991, until January 3,
1992, the House convened at 11:55 a.m. on that day for its final
meeting of the first session. Because section 2 of the 20th Amendment
requires the Congress to assemble at noon on January 3 of each year
unless another date is set by law, when the Speaker announced adoption
of a simple motion to adjourn on the last day of the first session at
two minutes before that time he declared the House adjourned sine die
so that the second session could be convened at noon. 102-2, Jan. 3,
1992, p ____.
Alternatively, the House may recess pursuant to a rule reported
from the Committee on Rules at the end of a session for periods not in
excess of three days, 104-1, Dec. 21, 1995, p ____.
Sec. 2 . Hour of Meeting
Generally; Hourly Schedules
Each House has plenary power over the time of its meetings during
the session. If the time of meeting has not been previously set by
resolution, the House, by standing order having the force of the
common law, meets each day at noon. Deschler Ch 1 Sec. 3. However, it
is the customary practice of the House to adopt a resolution
establishing an hourly schedule for its daily meetings. 88-2, Jan. 7,
1964, p 5; 92-1, Jan. 21, 1971, p 15; 97-2, Jan. 25, 1982, p 62. In
the 104th Congress, for example, the House adopted a resolution (Jan.
4, 1995, H. Res. 8) establishing as a standing order the daily hours
of meeting.
Such schedules are designed to provide sufficient committee time
for hearings and markups early in the session, and sufficient floor
time later for authorization and appropriation bills. Resolutions
setting daily meeting times are considered privileged even though they
are not reported from the Committee on Rules since they are essential
to the operation of the House where there is no standing order in
place. 97-2, Jan. 25, 1982, p 62. But subsequent resolutions changing
the hour of meeting, unless reported as privileged from the Committee
on Rules, require unanimous consent for consideration. See, for
example, 95-2, June 29, 1978, p 19507.
The meeting hour may be subsequently changed to a different hour
on certain days of the week pursuant to the adoption of a resolution
setting forth the new convening time. 95-1, June 30, 1977, p 21685.
And the House
[[Page 155]]
may by unanimous consent vacate a previous order providing for the
House to meet only at certain times for the remainder of the session,
and agree to meet at a different time. 95-1, Nov. 29, 1977, p 38003.
Adjournments to a Different Hour
The motion that when the House adjourns it adjourn to a day and
time certain may be used to enable the House to meet at an hour
different from that provided by the standing order. For a general
discussion of this motion (which is a privileged motion at the
Speaker's discretion) see Adjournment. In addition, the House may
agree by unanimous consent to meet at an earlier hour on the following
day rather than at noon. 88-1, Dec. 23, 1963, p 25499; 90-2, Sept. 11,
1968, p 26488. And if the time of meeting has not been previously set,
the House may agree to a motion to adjourn which fixes the hour of the
next meeting (5 Hinds Secs. 5362, 5363).
Sec. 3 . Organizational Business--First Session
Functions of the Clerk
At the beginning of a new Congress, under the modern practice (see
103-1, Jan. 5, 1993, p ____), the Clerk elected in the prior Congress
calls the House to order. In the event of his absence or incapacity,
the Sergeant at Arms from the prior Congress calls the House to order.
98-1, Jan. 3, 1983, p 29. After the opening prayer and Pledge of
Allegiance, he:
<box> Announces the receipt of credentials of Members-elect.
<box> Causes a quorum to be established, by roll call by states, by
electronic device.
<box> Announces the filing of credentials of Delegates-elect and of
the Resident Commissioner.
<box> Recognizes for nominations for Speaker.
<box> Appoints tellers for the alphabetical roll call vote by surname
for Speaker.
<box> Announces the vote.
<box> Appoints a committee to escort the Speaker to the Chair.
Election of Speaker
The election of the Speaker is ordinarily the first order of
business at the opening of a new Congress after the ascertainment of a
quorum. Candidates for the office are nominated by the chairmen of the
Democratic Caucus and the Republican Conference. See, for example,
103-1, Jan. 5, 1993, p ____. The Speaker may be chosen by a viva voce
vote on a roll call with tellers, the Members responding with the name
of the nominee of their choice when called on the roll. Deschler Ch 1
Sec. 6. Although the Clerk ap-
[[Page 156]]
points tellers for the election (87-2, Jan. 10, 1962, p 5) the House
and not the Clerk determines what method of voting to use. Deschler Ch
1 Sec. 6.
Status and Rights of Members-elect
Where the certificate of election of a Member-elect, in due form,
is on file with the Clerk, he is entitled as of right to be included
on the Clerk's roll. Page v United States (1888) 127 US 67. Those
Members whose names appear on the Clerk's roll are entitled to vote
for a new Speaker at the beginning of a Congress and to participate in
other organizational business prior to the administration of the oath.
They may debate propositions, propose motions, offer resolutions, and
make points of order (Deschler Ch 2 Sec. 2); and they may be named to
serve on House committees when sworn. 4 Hinds Secs. 4477, 4483, 4484.
They may not introduce bills until after they have been sworn. Manual
Sec. 300.
All Members-elect whose credentials have been received by the
Clerk are included on the first roll call, on opening day, to
establish a quorum. Members-elect not responding on that call and not
appearing to take the oath when it is administered en masse on opening
day are not included on further roll calls until they have taken the
oath. Generally, see Oaths.
Notices and Messages
At the beginning of a new Congress, the House by various
resolutions: (1) directs that a message be sent to the Senate to
inform that body that a quorum of the House has been established and
that the Speaker and Clerk have been elected; (2) establishes a select
committee to notify the President that a quorum of the House has
assembled and is ready to receive any communication he may wish to
make; and (3) directs the Clerk to inform the President of the
selection of Speaker. See 94-1, Jan. 14, 1975, pp 15-19; 103-1, Jan.
5, 1993, p ____.
Sec. 4 . Organizational Business--Second Session
At the beginning of a second session of a Congress, the House is
ordinarily called to order by the Speaker, although in his absence the
House may be called to order by the Clerk (87-2, Jan. 10, 1962, p 5)
or by a previously designated Speaker pro tempore (89-2, Jan. 10,
1966, p 5). Following the opening prayer, the Speaker orders, without
motion, a call of the House to establish a quorum. 98-2, Jan. 23,
1984, p 74. The call of the House may be taken by electronic device
(102-2, Jan. 24, 1992, p ____), but the Speaker may elect not to use
the electronic system for that purpose. 94-2, Jan. 19, 1976, p 140.
[[Page 157]]
Members-elect, elected to fill vacancies occurring in the first
session, are not included on the roll call to ascertain the presence
of a quorum when the second session convenes; their names are included
on the roll only after their certificates of election have been laid
before the House and the oath administered to them. Similarly, the
names of those Members who resigned during adjournment are stricken
from the roll and are not called to establish a quorum. 87-2, Jan. 10,
1962, p 5.
Sec. 5 . Adoption of Rules
The Constitution gives each House the power to determine the rules
of its proceedings. U.S. Const. art. I Sec. 5 clause 2. The Supreme
Court has interpreted this clause to mean that the House possesses
nearly absolute power to adopt its own procedural rules. United States
v Ballin (1892) 144 US 5. This power cannot be restricted by the rules
or statutory enactments of a preceding House. Deschler Ch 1 Sec. 10.1.
Thus, the adoption of the three-day availability rule by the 91st
Congress did not bind the 92d Congress. 92-1, Jan. 22, 1971, p 132.
The rules of the House for each Congress are adopted by
resolution. See, for example, 89-1, Jan. 4, 1965, pp 21-25; 90-1, Jan.
12, 1967, p 430. Ordinarily, the House adopts the rules of the prior
Congress but with various amendments. 5 Hinds Sec. 6742; 103-1, Jan.
5, 1993, p ____. A resolution adopting rules is subject to amendment
when the previous question is voted down (90-1, Jan. 10, 1967, pp 31-
33) or by the minority in a motion to recommit with instructions. Such
a resolution is not subject to a demand for a division of the question
or for a separate vote on each rule (Deschler Ch 1 Sec. 10.8) absent
prior adoption of a special rule permitting a divison of the
resolution (104-1, Jan. 4, 1995, p ____).
As with other House-passed measures, the House may by unanimous
consent direct the Clerk, in the engrossment of a House resolution
providing for the adoption of rules, to make certain technical
corrections in the text of the resolution. 90-1, Jan. 12, 1967, p 430.
Sec. 6 . Procedure Prior to Adopting Rules
Prior to the adoption of formal rules, the House operates under
general parliamentary law, as modified by certain traditional House
rules and practices, and by portions of Jefferson's Manual. 5 Hinds
Secs. 6761-6763; 8 Cannon Sec. 3386. Statutes incorporated into the
rules of the prior Congress do not control the proceedings of the new
House. 92-1, Jan. 22, 1971, p 132. They must be re-adopted as part of
the rules of the new House in the resolution adopting those rules.
[[Page 158]]
Prior to the adoption of rules by the House, those rules which
embody practices of long-established custom will be enforced as if
already in effect. 6 Cannon Sec. 191. Thus, prior to adoption of the
rules, the Speaker may maintain decorum by directing a Member who has
not been recognized in debate beyond an allotted time to be removed
from the well, and by directing the Sergeant at Arms to present the
mace as the traditional symbol of order. 102-1, Jan. 3, 1991, p ____.
Procedures common to general parliamentary law applicable in the
House prior to the adoption of its formal rules include:
<box> The motion for a call of the House. 4 Hinds Sec. 2981; Deschler
Ch 1 Sec. 9.
<box> Points of order of no quorum. 96-1, Jan. 15, 1979, p 10.
<box> The motion to refer, subject to the motion to table. 103-1,
Jan. 5, 1993, p ____.
<box> Demands for the yeas and nays. 5 Hinds Secs. 6012, 6013;
Deschler Ch 1 Sec. 9.
<box> The motion for the previous question (5 Hinds Secs. 5451-5455;
90-1, Jan. 10, 1967, p 14), which takes precedence over a
motion to amend. 91-1, Jan. 3, 1969, pp 25-27.
<box> The motion to amend after rejection of the previous question
(90-1, Jan. 10, 1967, p 14; 87-1, Jan. 3, 1961, pp 23-25), with
any amendment being subject to the point of order that it must
be germane. 91-1, Jan. 3, 1969, pp 23-25.
<box> The practice that Members may engage in debate only when
recognized, such recognition being at the discretion of the
Speaker. 102-1, Jan. 3, 1991, p ____.
<box> The hour rule for debate on a question. 92-1, Jan. 22, 1971, p
132.
<box> Losing the right to resume after yielding the floor. 5 Hinds
Secs. 5038-5040.
<box> Recognition for an amendment after the defeat of the previous
question, under the hour rule, with the proponent of the
amendment controlling the time. 91-1, Jan. 3, 1969, pp 27-29.
<box> The motion to commit after ordering of the previous question. 5
Hinds Sec. 6758; 97-1, Jan. 5, 1981, p 112; 98-1, Jan. 3, 1983,
p 50.
<box> Withdrawal of a resolution before action is taken thereon. 92-
1, Jan. 21, 1971, p 13.
<box> The motion to lay on the table. 5 Hinds Sec. 5390; Deschler Ch
1 Sec. 9.
<box> The motion to postpone to a day certain. 92-1, Jan. 21, 1971, p
14.
<box> The motion to adjourn. 1 Hinds Sec. 89; Deschler Ch 1 Sec. 9.
Specific standing rules of the House held not applicable prior to
adoption of its formal rules include:
<box> The rule permitting 40 minutes of debate after the moving of
the previous question on a matter on which there has been no
debate. 5 Hinds Sec. 5509; 87-1, Jan. 3, 1961, p 23.
<box> The three-day availability rule for the consideration of
committee reports. 92-1, Jan. 22, 1971, p 132.
[[Page 159]]
Sec. 7 . Taking Up Legislative Business
Generally
Congress is not assembled until both the House and Senate are in
session with a quorum present. 6 Cannon Sec. 5. But once the two
Houses have assembled, elected officers, sworn Members, and adopted
rules, the resumption of legislative business is in order. See 1 Hinds
Secs. 130, 140, 237; Deschler Ch 1 Sec. 11. In rare instances, a major
bill has been considered and passed even before the completion of
organization by the adoption of rules. Deschler Ch 1 Sec. 12.8.
However, a bill will not be considered in the House before the
administration of the oath to Members-elect, because of the statutory
requirement that the oath precede the consideration of general
business. 2 USC Sec. 25. And, as a matter of long-established custom,
the two Houses usually do not begin transacting legislative business
at the beginning of a Congress until after the President has delivered
his state of the Union Message. See 1 Hinds Secs. 81, 122-125;
Deschler Ch 1 Sec. 11. On one recent occasion the House as part of the
resolution adopting its standing rules also adopted a special order
providing for the immediate consideration of a bill introduced that
day (104-1, Jan. 4, 1995, p ____). On occasion the House has convened
for its second session on Jan. 3 but then conducted no legislative
business (including approval of its Journal or referral of bills) for
several days. 96-2, Jan. 22, 1980, p 187; 102-2, Jan. 22, 1992, p
____.
Old Business
Upon convening for a second or third session during the term of a
Congress, the House resumes all business that was pending either
before the House or before committees at the adjournment sine die of
the preceding session. 5 Hinds Sec. 6727; Manual Sec. 901. Similarly,
conference business between the two Houses continues over an
adjournment between the first and second sessions of a Congress. 5
Hinds Secs. 6760-6762. However, since Congress does not allow the past
proceedings of one Congress to bind its successor, business remaining
at the end of one Congress does not carry over to the beginning of a
new Congress. Deschler Ch 1 Sec. 11.
Bills may be placed in the hopper on opening day and are referred
as expeditiously as possible following adoption of the rules (94-1,
Jan. 14, 1975, p 34); however, due to the large number of bills
introduced on opening day, the Speaker may delay their referral but
with all referrals ultimately printed as being made on opening day.
86-1, Jan. 7, 1959, p 161.