[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 28. Journal]
[From the U.S. Government Publishing Office, www.gpo.gov]
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CHAPTER 28 - JOURNAL
HOUSE PRACTICE
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. Motion That the Journal Be Read
Sec. 7. Reading Practices and Customs
Sec. 8. Motion to Approve
Sec. 9. Amendments and Corrections
Research References
U.S. Const. art. I, Sec. 5
4 Hinds Sec. Sec. 2726-2883
6 Cannon Sec. Sec. 623-637
Deschler Ch 5 Sec. Sec. 8-14
Manual Sec. Sec. 68-75, 582, 621, 902
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. Manual Sec. 582; 4
Hinds Sec. 2727. Certified copies thereof are admissible in judicial
proceedings. 28 USC Sec. 1736.
The Constitution requires the House to keep a Journal and publish
it excepting such matters as may require secrecy. U.S. Const. art. I,
Sec. 5. The purpose of this constitutional requirement is to ensure
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 Journal is governed by the Constitution, by
statute, and by the rules and practices of the House. Deschler Ch 5
Sec. 10. The Constitution sets forth the general requirement that the
``proceedings'' of the House be kept in the Journal. U.S. Const. art.
I, Sec. 5; Manual Sec. 68. It further
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specifies that the Journal reflect votes taken by the yeas and nays,
as well as veto messages from the President. U.S. Const. art. I,
Sec. 7. Since such matters are always entered in the Journal, no
motion or request to that effect is necessary. Sec. 3, infra; 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. Deschler Ch 5 Sec. Sec. 10.2, 10.3. It does not
include:
The rationale for, or all the circumstances attending, House
action. 4 Hinds Sec. Sec. 2811, 2812.
Verbatim accounts of debate and special-order speeches.
Deschler Ch 5 Sec. 10.3.
The deliberations of the Committee of the Whole, except for
recorded votes. Manual Sec. 1012.
Unanimous-consent requests that meet with objection. Deschler
Ch 5 Sec. 10.2.
Motions that are not entertained. 4 Hinds Sec. Sec. 2813, 2844.
Parliamentary inquiries. 4 Hinds Sec. 2842.
Inclusions
Proceedings that are reflected in the Journal include:
Public bills, resolutions, and documents introduced and
referred under the rules, by number, title, and committee of
reference. Manual Sec. 816.
Private bills, petitions, and memorials introduced and
referred, with the exception of those measures of obscene or
insulting character. Manual Sec. 818.
The name of the Member introducing the measure, together with
the words ``by request,'' if appropriate. Deschler Ch 5
Sec. 10.7.
Special rules providing for the consideration of a measure.
The disposition of measures called up for consideration in the
House or Committee of the Whole.
Questions of order arising during the proceedings of the
House. Manual Sec. 647.
Reports of committees delivered to the Clerk for printing and
reference, by title or subject. Manual Sec. 831.
Motions entertained by the Speaker--including motions to
amend--unless withdrawn on the same day. Manual Sec. Sec. 580,
902.
Motions to discharge when signed by a majority of the total
membership. Manual Sec. 892.
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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Presentation of conference reports and the disposition thereof.
Manual Sec. 542.
Messages from the Senate or from the President, including veto
messages. U.S. Const. art. I, Sec. 7; Manual Sec. 815.
Unanimous-consent requests agreed to by the House, and action
taken pursuant thereto.
The names of Members managing debate in the House under a
special rule and the time allocated therefor.
Expungements from the Congressional Record ordered by the
House. Deschler Ch 5 Sec. 10.10.
Disciplinary censure of a Member pursuant to order of the
House. 2 Hinds Sec. 1251.
The time of adjournment. Manual Sec. 647.
Sec. 3 . -- Votes and Quorum Calls
The Constitution requires that votes taken by the yeas and nays be
entered in the Journal. U.S. Const. art. I, Sec. 5. The Journal also
records the result of other votes and states in general terms the
subject of those votes. 4 Hinds Sec. 2804. The Journal also discloses:
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 XX. Manual Sec. 1014.
The names of those Members recorded on a quorum call taken
pursuant to rule XX clause 2. Manual Sec. 1014.
The names of those Members recorded by tellers when the Speaker
directs a vote be taken by this procedure in lieu of the
electronic system. Manual Sec. 1019.
The names of those Members voluntarily appearing to be recorded
as present when a call of the House is conducted under rule XX
clause 5. Manual Sec. 1021.
The names of those Members recorded as absent after a quorum
call. Manual Sec. 1019.
The names of those present sufficient to establish a quorum.
Manual Sec. 1020.
Sec. 4 . Reading and Approval
Pursuant to 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.
Speaker: The Chair has examined the Journal of the last day's
proceedings and announces to the House his approval thereof.
Pursuant to clause 1 of rule I, the Journal stands approved.
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Member: Mr. Speaker, I request the question be put on agreeing to
the Speaker's approval of the Journal.
Speaker: The gentleman from ______ demands a vote on 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 object to the vote on the ground that a quorum is not present and
make a point of order 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. By unanimous consent, the House has also
precluded the approval of the Journal during morning-hour debates.
At one time, the reading of the Journal of each legislative day
was mandatory and could be dispensed with only by unanimous consent or
under suspension of the rules. 4 Hinds Sec. 2747; 6 Cannon Sec. 625.
Today, however, the Journal is considered as read after the Speaker's
approval thereof. Manual Sec. 621. However, if the Speaker's approval
is disagreed to, rule 1 clause 1 authorizes 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 announcement of his approval of the Journal no
longer requires the presence of a quorum. Manual Sec. 621. However, if
a Member objects to a vote on the question of approval, reading, or
amendment of the Journal on the grounds that a quorum is not present,
and a quorum is not present, a record vote is automatic. Rule XX
clause 6(a). That vote may be postponed to a designated place within
the same legislative day under rule XX clause 8(a). The vote may not
be reconsidered under rule I clause 1.
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. Deschler Ch 5 Sec. 8.1. 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 the first order of business after the daily prayer,
even if it
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is the second legislative day on the same calendar day. Manual
Sec. 869. It follows that the transaction of House business, however
highly privileged, is not in order before such approval. Deschler Ch
21 Sec. 2.12. Thus, the approval of the Journal takes precedence over
reports from the Committee on Rules, as well as the presentation of
conference reports. Manual Sec. 1077; 6 Cannon Sec. 630; Deschler Ch 5
Sec. 12.2. 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. However, certain
procedural matters are permitted to intervene even though the approval
of the Journal is pending. They include:
Simple motions to adjourn. Deschler Ch 5 Sec. 12.3.
Administration of the oath to a Member-elect. Deschler Ch 5
Sec. 12.5.
Parliamentary inquiries. Deschler Ch 5 Sec. 12.15.
The reception of messages from the Senate (Deschler Ch 5
Sec. 12.12) or the President (Deschler Ch 5 Sec. 12.20) during
an interruption of the reading of the Journal.
Requests that Calendar Wednesday business be dispensed with
where such requests are made before, but not during, the
reading. Deschler Ch 5 Sec. Sec. 12.10, 12.24.
Questions of privilege affecting the House collectively. 2
Hinds Sec. 1630.
Arraignments of impeachment. 6 Cannon Sec. 469.
Where the House adjourns on consecutive days without having
approved the Journal of the previous day's proceedings, the Speaker
puts each question de novo in chronological order as the first order
of business after the daily prayer on the subsequent day. Manual
Sec. 621.
The House may by unanimous consent specifically authorize that
certain proceedings be taken up prior to the Journal, or the Speaker
may declare a short recess under rule I clause 12. Deschler Ch 5
Sec. 12.8. The Speaker has the discretion to entertain unanimous-
consent requests made before the taking up of the Journal, but he may
decline to do so if a reading thereof is pending. Deschler Ch 5
Sec. Sec. 12.9, 12.11.
Sec. 6 . Motion 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:
Member: Mr. Speaker, I move that the Journal be read.
Speaker: The question is, shall the Journal be read?
The motion is privileged but not debatable and may not be
reconsidered. Manual Sec. 621; Deschler-Brown Ch 29 Sec. 6.38.
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Sec. 7 . Reading Practices and Customs
Journal readings are conducted in accordance with the customs of
the House. Deschler Ch 5 Sec. 11.1. When the Clerk reads the Journal
for the previous day, the Clerk omits such matters as the names of
Members responding to record votes and the texts of messages received.
The reading of the Journal by the Clerk may be terminated by unanimous
consent. Deschler Ch 5 Sec. 11; 101-2, Mar. 19, 1990, p 4488. It also
may be suspended temporarily or waived in the event of disorder on the
floor or pending a discussion of the validity of the previous day's
adjournment. 2 Hinds Sec. 1630; 4 Hinds Sec. 2759.
Sec. 8 . Motion 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. If the Speaker's approval is disagreed to,
and a reading of the Journal is completed, 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.
Speaker: The question is, shall the Journal of the last day's
proceedings stand approved?
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 motion to approve is rejected by the House, the Journal is
subject to amendment unless the previous question is ordered. 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 Sec. Sec. 14.3-14.6.
The motion to approve is debatable until the previous question is
ordered on that motion.
The motion to approve may be disposed of by the adoption of a
motion to lay on the table, even though the previous question has been
demanded on the motion to approve. Deschler Ch 5 Sec. 14.8. In such
cases the motion to table the motion to approve is entertained first.
Deschler Ch 5 Sec. 14.8.
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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 and
inserting].
The Member offering the motion is recognized under the hour rule.
Manual Sec. 621. The motion to amend the Journal is in order after the
Journal has been read. 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 but will not be admitted after
the previous question on the motion to approve has been demanded.
Manual Sec. 621; Deschler Ch 5 Sec. Sec. 13.2, 13.3.
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 prior legislative
day are made by unanimous consent. Deschler Ch 5 Sec. 13.
An amendment to the Journal, such as a motion to expunge a portion
thereof, should not be used as a substitute for a motion to
reconsider. 4 Hinds Sec. 2790. However, the House may decide what are
proceedings, even to the extent of omitting things actually done or of
recording things not done. Manual Sec. 71; 4 Hinds Sec. 2784. None of
the rulings on permissible amendments to correct the Journal had the
effect of collaterally changing the tabling of a motion to reconsider.
Manual Sec. 71.