[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 36. Order of Business; Privileged Business]
[From the U.S. Government Publishing Office, www.gpo.gov]
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CHAPTER 36 - ORDER OF BUSINESS; PRIVILEGED BUSINESS
HOUSE PRACTICE
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 Sec. Sec. 3056-3152
6 Cannon Sec. Sec. 708-757
Deschler Ch 21 Sec. Sec. 1-8, 28-31
Manual Sec. Sec. 869-901
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 XIV clause 1.
Manual Sec. 869. The order of business may be affected by rule XV,
Business in Order on Special Days, which includes: Suspensions (clause
1), the Discharge Calendar (clause 2), the Private Calendar (clause
5), the Corrections Calendar (clause 6), and Calendar Wednesday
(clause 7). Manual Sec. Sec. 885-900. The order of business specified
by rule XV may be varied by a special order of the House as described
in Consideration and Debate and Special Orders of Business.
Although rule XIV 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
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rupted or even supplanted entirely for days at a time. See
Sec. Sec. 4-7, infra. Indeed, rule XIV clause 1 qualifies the daily
order of business with the following parenthetical: ``(unless varied
by the application of other rules and except for the disposition of
matters of higher precedence).'' Although privileged matters may
interrupt the order of business, procedural questions-- such as a vote
on adopting a special rule, a motion to resolve into the Committee of
the Whole, or the question of consideration--may precede their
consideration. This system enables the House to give precedence to its
most important business without losing the power by majority vote to
go to any other bills on its calendars. For a list of privileged
matters that may interrupt the order of business, see Manual
Sec. Sec. 870, 871.
The order of business also may be affected by the Speaker's
discretionary authority to recognize Members on particular questions.
See Recognition.
Scheduling Business
The business of the House is scheduled by the Speaker and the
Members who constitute the leadership of the majority party, acting in
concert with the leadership of each standing committee and the
majority members of the Committee on Rules. 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. Deschler Ch
21 Sec. 1.1. Such announcement is usually a response to a question
asked by the Minority Leader or his designee during a ``customarily
long one-minute speech'' at the end of the legislative week. 105-2,
Mar. 27, 1998, p ____.
Sec. 2 . Sequence of Particular Business
The general rule specifying the daily order of business is set
forth in rule XIV clause 1 as follows:
First: Prayer by the Chaplain.
Second: Reading and approval of the Journal, unless postponed
under rule XX clause 8.
Third: The Pledge of Allegiance to the Flag.
Fourth: Correction of reference of public bills.
Fifth: Disposal of business on the Speaker's table as provided
in clause 2.
Sixth: Unfinished business as provided in clause 3.
Seventh: The morning hour for the consideration of bills
called up by committees as provided in clause 4.
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Eighth: Motions that the House resolve into the Committee of
the Whole House on the state of the Union subject to clause 5.
Ninth: Orders of the day.
Ranked first in the daily order of business is the prayer. No
business is in order before the prayer, which is offered daily when
the House meets. Deschler Ch 21 Sec. 2.
The next order of business is the approval of the Journal. Only
messages from the President or the Senate may be received and
questions of the privileges of the House raised before the approval of
the Journal. 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 XIV,
are sometimes entertained by unanimous consent following the Pledge of
Allegiance. Sec. 3, infra. It is then in order to offer motions or
unanimous-consent requests to correct the reference of public bills.
See Introduction and Reference of Bills.
Rule XIV next provides for the disposal of business on the
Speaker's table. Under rule XIV clause 2, such business consists of
the referral of executive communications, messages from the President,
and messages from the Senate; motions to dispose of certain Senate
bills and resolutions; and motions to dispose of Senate amendments.
Manual Sec. 873. Messages from the President and messages from the
Senate are matters of privilege and may be received, laid before the
House, and disposed of whenever 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 XIV, 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 and ``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 Orders of Business.
An order of business resolution reported from the Committee on
Rules, permitting the Speaker to declare that the House resolve into
the Committee of the Whole to consider a particular bill, gives
precedence to such declaration when no other business is pending. Rule
XVIII clause 2(b). Under rule XVIII clause 4, the motion to resolve
into the Committee of the Whole is privileged for consideration of
general appropriation bills. The motion to resolve into the Committee
of the Whole may also be made privileged by the provisions of a
statute. Deschler Ch 21 Sec. 30.8.
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As to when particular matters are in order, see Appropriations;
Calendars; Conferences Between the Houses; District of Columbia
Business; Private Calendar; Questions of Privilege; Quorums;
Resolutions of Inquiry; and Veto of Bills.
Sec. 3 . The Daily Practice
The sequence of events on the House floor on any given day may,
and usually does, vary from the order prescribed by rule XIV clause 1.
Certain customs and norms have developed over recent years that 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 ``morning-hour''
debate 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, and the Pledge of
Allegiance all occur in sequence, 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-minute speeches, and throughout
the legislative day, the Chair lays down messages received from the
President or the Senate. The Chair also makes announcements concerning
appointments or informing the House of communications addressed to him
in his official capacity.
Following one-minute speeches, the House normally proceeds 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 by an order previously adopted by the House
either by unanimous consent or motion to suspend the rules.
Once this business is reached, the prescribed order is still
subject to some flexibility. Certain record votes may be postponed or
``clustered'' to occur in sequence, pursuant to the Speaker's
authority under rule XX clause 8.
When scheduled business has been completed, it is again customary
for Members to be given an opportunity to address the House on other
subjects.
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Special-order speeches may be granted, by unanimous consent for five
minutes or by designation of party leaders for up to one hour a
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.
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 that can
supersede or interrupt other matters that might otherwise be called up
or be pending before the House. Manual Sec. Sec. 853-856, 870, 871.
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, to the integrity of its proceedings, or to the rights or
reputation of its Members under rule IX. 3 Hinds Sec. Sec. 2654, 2718;
see Questions of Privilege.
Privilege may derive from language used in the Constitution, from
the rules and practices of the House, and from statutes enacted
pursuant to the legislative rulemaking power. For example, 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 exclusive 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 a
committee investigating charges of impeachment, are highly privileged.
See Impeachment. Similarly, since article VI, clause 3 of the
Constitution 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 that may interrupt other business. See Oaths.
Certain propositions are privileged for consideration because of
indirect constitutional mandate. Examples include concurrent
resolutions for adjournment sine die or to a day certain and motions
incident to establishing a quorum, which are discussed in Adjournment
and Quorums. However, privilege is not conferred merely because the
question is one committed to the House under the Constitution. Manual
Sec. 702. For example, a resolution to confirm the nomination of the
Vice President, a duty committed to the
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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, resolutions, and motions are
privileged under the House rules. Some committees are given the power
to report to the House at any time on certain subjects. See
Committees. Certain kinds of reports by a committee are privileged,
including reports on the contempt of witnesses and on resolutions of
inquiry, which are discussed in Contempt and 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 with the
Clerk while the House is not in session, or a committee may file with
the Clerk without unanimous consent after the time for compiling views
has expired. Rule XIII clause 2(c); 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, which
permit the daily order of business to be interrupted or even
supplanted entirely for days at a time. Among the privileged matters
that may interrupt the order of business are:
General appropriation bills. Rule XIII clause 5.
Conference reports. Rule XXII clause 7.
Motions to request or agree to a conference. Rule XXII clause
1.
Special orders reported by the Committee on Rules. Rule XIII
clause 5.
Consideration of amendments between the Houses after
disagreement. Rule XXII clause 4.
Questions of privilege. Rule IX; see Questions of Privilege.
Bills coming over from a previous day with the previous
question ordered. 5 Hinds Sec. Sec. 5510-5517.
Bills returned with the objections of the President. 4 Hinds
Sec. Sec. 3534-3536.
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. Rule XV clause 1. The second and fourth Mondays of the month
are set apart for District of Columbia business. Rule XV clause 4.
Bills on the Private
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Calendar are called on the first Tuesday of the month and also on the
third Tuesday if directed by the Speaker. Rule XV clause 5. The
Speaker has the discretion to dispense with the call of the Private
Calendar on the third Tuesday. Manual Sec. 897. The Speaker has
discretion to direct the call of Corrections Calendar bills on the
second and fourth Tuesdays of the month. Rule XV clause 6.
Other classes of business not only are given a prescribed day but
also are keyed to a specific reference in the order of business
prescribed in rule XIV clause 1. For example, motions to discharge,
when perfected and otherwise eligible, can be called up after the
approval of the Journal. Rule XV clause 2. District of Columbia
business is given a position following ``disposal of such business on
the Speaker's table as requires reference only.'' Rule XV clause 4.
Both the provisions that designate a day for the class of business,
and those that give the class a specified place in the order of
business, can be changed by the House by adoption of a special order
from the Committee on Rules, a unanimous-consent agreement, or a
motion to suspend the rules.
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 consideration as privileged business only
after the report has been filed and is in compliance with the three-
day and two-hour availability requirements of rule XXII clause 8. See
Conferences Between the Houses.
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 House rules that give the matter precedence and on prior
rulings of the Chair that may predetermine his choice. For a
compilation of such rulings, see Deschler Ch 21 Sec. 31. 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. Also, the priority of
propositions of 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 include the motion
to suspend the rules, which may be used to change the order of
business as well as to adopt a measure, and the motion to dispense
with Calendar Wednesday. See Sus
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pension of Rules and 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.
When called up pursuant to the provisions of the discharge rule
under rule XV clause 2(d), a motion to discharge a committee 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.
If authorized by the committee (or committees) with jurisdiction
over the bill, a motion to send a matter to conference is privileged
under rule XXII clause 1. Manual Sec. 1069. 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. Manual Sec. 1070. A motion to
discharge or instruct conferees is privileged under rule XXII clause
7(c). See Conferences Between the Houses.
For a discussion of precedence of secondary motions, see
Amendments; Lay on the Table; Postponement; Previous Question;
Reconsideration; and Refer and Recommit.