[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 5. Assembly of Congress]
[From the U.S. Government Publishing Office, www.gpo.gov]
HOUSE PRACTICE
Sec. 1. In General; Day of Convening
Sec. 2. Hour of Meeting
Sec. 3. Place of Meeting
Sec. 4. Organizational Business--First Session
Sec. 5. Organizational Business--Second Session
Sec. 6. Adoption of Rules and Separate Orders
Sec. 7. Procedure Before Adopting Rules
Sec. 8. Taking Up Legislative Business
Research References
1 Hinds Sec. Sec. 1-10; 5 Hinds Sec. Sec. 6758-6762
6 Cannon Sec. Sec. 1-5
Deschler Ch 1
Manual Sec. Sec. 60, 242, 243
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 is not
privileged, is used for such appointment. For laws appointing a
different day for assembling, see Manual Sec. 243. The joint
resolution may originate in either House. 93-1, Dec. 17, 1973, p
42059; 95-1, Dec. 15, 1977, p 38948.
The President has the constitutional authority to convene the
Congress earlier than on the day it has fixed for its reconvening. The
President 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 Sec. Sec. 10, 12. The last session so convened was in the 76th
Congress. Deschler Ch 1 Sec. 2.1.
For examples of provisions in concurrent resolutions authorizing
the recall of the House or of both Houses, see Manual Sec. 84 and
Adjournment.
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
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term. 96-1, Dec. 14, 1979, p 36200. For example, as the first session
of 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 before the
constitutional expiration of the session at noon on January 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. A similar situation prevailed at the end
of the 110th Congress, where the House was adjourned from December 10,
2008, until January 3, 2009, and the House convened at 11:00 a.m. on
that day for the final meeting of the Congress. Alternatively, the
House may recess or adjourn pursuant to a rule reported from the
Committee on Rules at the end of a session for periods not in excess
of three days. Manual Sec. 83.
On January 3 of an even-numbered year, in the absence of a law
appointing a different convening date, the Speaker may either (1)
announce the adoption of a simple motion to adjourn the last day of
the first session just before noon to declare the House adjourned sine
die so that the second session may convene at noon (102-2, Jan. 3,
1992, p 36367) or (2) unilaterally declare the House adjourned sine
die just before noon (without a simple motion) so that the second
session may convene at noon (105-2, Jan. 3, 1996, p 35).
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 set previously by
resolution, the House, by long-standing practice having the force of a
standing order, meets each day at noon. Deschler Ch 1 Sec. 3. However,
it is the customary practice of the House to adopt a resolution
establishing times for its daily meetings. Manual Sec. 621.
Times of meeting originally were selected 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 privileged, even though
they are not reported from the Committee on Rules, because they are
incidental to the organization of the House. 97-2, Jan. 25, 1982, p
62. However, subsequent resolutions changing the hour of meeting,
unless reported as privileged from the Committee on Rules, require
unanimous consent for consideration (although ad
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hoc arrangements from day to day may be effected by privileged motion
under clause 4 of rule XVI). 95-2, June 29, 1978, p 19507.
Adjournments to a Different Hour
The meeting hour may be subsequently changed 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. The House may by
unanimous consent vacate a previous order providing for the House to
meet at a certain time and agree to meet at a different time. Deschler
Ch 1 Sec. Sec. 3.12, 3.13. The motion that when the House adjourns it
adjourn to a day and time certain also 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
entertained at the Speaker's discretion), see Adjournment.
Emergency Convening Authority
During any recess or adjournment of not more than three days, if
the Speaker is notified by the Sergeant-at-Arms of an imminent
impairment of the place of reconvening, then the Speaker may, in
consultation with the Minority Leader, postpone the time for
reconvening within the three-day limit prescribed by the Constitution.
In the alternative, the Speaker in such case may reconvene the House
before the time previously appointed solely to declare the House in
recess within that three-day limit. Clause 12(c) of rule I; 111-1,
Dec. 19, 2009, p __.
The House has entered an order authorizing the Speaker or a
designee, during any recess or adjournment of not more than three
days, to reconvene the House at a time other than that previously
appointed, within the three-day limit prescribed by the Constitution,
based on a determination that the public interest so warrants and
after consultation with the Minority Leader. 112-1, H. Res. 479, Dec.
6, 2011, p __.
Sec. 3 . Place of Meeting
Under article I, section 5, clause 4 of the Constitution, neither
House may, without consent of the other, adjourn ``to any other Place
than that in which the two Houses shall be sitting.'' The requirement
for consent has been interpreted to apply to the seat of government,
which has been, since 1800, the District of Columbia. Therefore, the
House may convene in another place within the District of Columbia
without the consent of the Senate. Deschler Ch 1 Sec. 4.1. Under
clause 12(d) of rule I, the Speaker may convene the House in a place
at the seat of government other than the Hall
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of the House whenever, in the Speaker's opinion, the public interest
shall warrant it.
In the 107th Congress, the two Houses authorized joint leadership
recall from an adjournment ``at such place and time as they may
designate if, in their opinion, the public interest shall warrant it''
(permitting recall from an adjournment to a place outside the District
of Columbia). 107-1, H. Con. Res. 251, Oct. 17, 2001, pp 20210, 20211;
107-1, S. Con. Res. 85, Nov. 16, 2001, p 22922. In the 108th Congress,
the two Houses granted blanket joint leadership authority to assemble
at a place outside the District of Columbia whenever the public
interest shall warrant it. 108-1, H. Con. Res. 1, Jan. 7, 2003, p 21.
The President may convene Congress at places outside the seat of
government during hazardous circumstances. 2 USC Sec. 27; Deschler Ch
1 Sec. 4.
Sec. 4 . Organizational Business--First Session
Functions of the Clerk
Under clause 2(a) of rule II, the Clerk from the prior Congress
(including one appointed pursuant to section 75a-1 of title 2, United
States Code), creates a roll of the Representatives-elect and calls
the House to order at the beginning of a new Congress. 2 USC Sec. 26;
Manual Sec. 643. In the event of the Clerk's absence or incapacity,
the Sergeant-at-Arms from the prior Congress creates the roll and
calls the House to order. 2 USC Sec. 26; Manual Sec. 656. After the
opening prayer and Pledge of Allegiance, the Clerk:
Announces the receipt of credentials of Members-elect.
Causes a quorum to be established, by roll call by State, by
electronic device.
Announces the filing of credentials of Delegates-elect and of
the Resident Commissioner.
Recognizes for nominations for Speaker.
Appoints tellers for the roll call vote (alphabetical by
surname) for Speaker.
Announces the vote.
Appoints a committee to escort the Speaker to the Chair.
Election of Speaker
The first order of business after the ascertainment of a quorum at
the opening of a new Congress is ordinarily the election of the
Speaker. Manual Sec. 27. Pursuant to statute and precedent,
nominations for election of the Speaker are of the highest privilege
and take precedence over a question of the privileges of the House
relating to the interim election of a Speaker pro tempore pending an
ethics investigation of a nominee for Speaker. 2 USC Sec. 25; Manual
Sec. 27; 1 Hinds Sec. 212.
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Candidates for the office are nominated by the respective chairs
of the Democratic Caucus and the Republican Conference. Deschler Ch 1
Sec. 6.1. The Speaker is elected by a majority of Members-elect
present and voting by surname. Manual Sec. 27. The Speaker was at
first elected by ballot but, since 1839, has been chosen by viva voce
vote by surname in response to a call of the roll. 1 Hinds Sec. 187;
Deschler Ch 1 Sec. 6. Although the Clerk appoints tellers for the
election, the House, and not the Clerk, determines what method of
voting to use. Manual Sec. 27; Deschler Ch 1 Sec. 6. On two occasions,
by special rules, Speakers were chosen by a plurality of votes; but in
each case the House by majority vote adopted a resolution declaring
the result. 1 Hinds Sec. Sec. 221, 222. The House has declined to
choose a Speaker by lot. 1 Hinds Sec. 221.
Status and Rights of Members-elect
Where the certificate of election of a Member-elect, in due form,
is on file with the Clerk, such Member-elect is entitled as of right
to be included on the Clerk's roll. Page v. United States, 127 U.S. 67
(1888). 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 before the
administration of the oath. They may debate propositions, propose
motions, offer resolutions, and make points of order. Deschler Ch 2
Sec. 2. Once sworn, Members may be named to serve on House committees
and may introduce bills. Manual Sec. 300; 4 Hinds Sec. Sec. 4477,
4483, 4484.
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 to 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. See
generally Oaths. Pursuant to article I, section 2 of the Constitution,
because the House is composed of Members elected by the people of the
several States and because the House elects its Speaker, the
Delegates-elect and the Resident Commissioner from Puerto Rico are not
constitutionally qualified to vote in the House for Speaker.
Therefore, the Clerk does not include them on the roll. Manual
Sec. 675.
Notices and Messages
At the beginning of a new Congress, the House by various
resolutions: (1) directs that a message be sent to inform the Senate
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
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quorum of the House has assembled and is ready to receive any
communication desired to be made, and (3) directs the Clerk to inform
the President of the selection of the Speaker. Deschler Ch 1 Sec. 7.
Sec. 5 . 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, where the Office
is vacant, the House may be called to order by the Clerk. Deschler Ch
1 Sec. 5. Alternatively, the House may be called to order by a
previously designated Speaker pro tempore. Deschler Ch 1 Sec. 7.4.
Under clause 8(b)(3) of rule I, the Speaker is required to deliver to
the Clerk a list of Members in the order in which each shall act as
Speaker pro tempore in the case of a vacancy in the Office of Speaker.
A Speaker pro tempore designated under this rule also may convene the
second session of a Congress. Following the opening prayer, the
Speaker orders, without motion, a call of the House to establish a
quorum. Deschler Ch 1 Sec. 7.5. The call of the House is normally
taken by electronic device, but the Speaker may elect not to use the
electronic system. Deschler Ch 20 Sec. 4.
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 their oaths have been administered. Similarly,
the names of those Members who resigned or died during adjournment are
stricken from the roll and are not called to establish a quorum.
Deschler Ch 2 Sec. 4.10.
Sec. 6 . Adoption of Rules and Separate Orders
The Constitution gives each House the power to determine the rules
of its proceedings. U.S. Const. art. I, Sec. 5, cl. 2. The Supreme
Court has interpreted this clause to mean that the House possesses
broad power to adopt its own procedural rules. United States v.
Ballin, 144 U.S. 5 (1892). This power cannot be restricted by the
rules or statutory enactments of a preceding House. For example, the
adoption of a layover requirement by the 91st Congress did not bind
the 92d Congress. Deschler Ch 1 Sec. 10.1.
The rules of the House for each Congress are adopted by
resolution. See, e.g., 112-1, H. Res. 5, Jan. 5, 2011, p __.
Ordinarily, the House adopts the rules of the prior Congress but with
various amendments. 5 Hinds Sec. 6742. Separate orders also may be
adopted in the same resolution. Separate orders are not amendments to
the standing rules but have the same force and effect for a Congress
or portion thereof. See, e.g., 108-1, H. Res.
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5, Jan. 7, 2003, pp 10, 11. The House in the 106th Congress adopted a
recodified version of the rules of the House in existence at the close
of the 105th Congress, which rewrote and renumbered the rules, many
without substantive change. 106-1, Jan. 6, 1999, pp 47-223.
A resolution adopting rules is subject to the motion for the
previous question and subject to amendment if the previous question is
voted down. Deschler Ch 1 Sec. 9.6. The resolution is not subject to a
demand for a division of the question absent prior adoption of a
special order of business permitting a division of the resolution.
Manual Sec. 60; Deschler Ch 1 Sec. 10.8.
The motion to commit is permitted after the previous question has
been ordered on the resolution adopting the rules but is not
debatable. It is the prerogative of the minority to offer a motion to
commit even before the adoption of the rules. However, at that point
the proponent need not qualify as opposed to the resolution. Manual
Sec. 60; Deschler Ch 1 Sec. 9. Such a motion to commit is not
divisible. However, if it is agreed to and more than one amendment is
reported back pursuant thereto, then separate votes may be had on the
reported amendments. The motion to refer also has been permitted upon
the offering of a resolution adopting the rules, and before debate
thereon, subject to the motion to lay on the table. Manual Sec. 60; 5
Hinds Sec. 5604.
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. Deschler Ch 1 Sec. 10.12.
Sec. 7 . Procedure Before Adopting Rules
Before the adoption of formal rules, the House operates under
general parliamentary law, as modified by certain customary House
rules and practices and by portions of Jefferson's Manual. Manual
Sec. 60; 5 Hinds Sec. Sec. 6761-6763; 8 Cannon Sec. 3386. Statutes
incorporated into the rules of the prior Congress do not control the
proceedings of the new House. Deschler Ch 1 Sec. 10.1. They must be
re-adopted as part of the rules of the new House.
Before the adoption of rules by the House, rules that embody
practices of long-established custom will be enforced as if already in
effect. 6 Cannon Sec. 191. Thus, before 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 or by directing the Sergeant-at-Arms to present the mace as the
traditional symbol of order. Manual Sec. 60.
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Procedures common to general parliamentary law applicable in the
House before the adoption of its formal rules include:
The motion for a call of the House. 4 Hinds Sec. 2981; Deschler
Ch 1 Sec. 9.
Points of order of no quorum. Manual Sec. 60.
The motion to refer, subject to the motion to table. Manual
Sec. 60.
Demands for the yeas and nays. 5 Hinds Sec. Sec. 6012, 6013;
Deschler Ch 1 Sec. 9.
The motion for the previous question, which takes precedence
over a motion to amend. 5 Hinds Sec. Sec. 5451-5455.
The motion to amend after rejection of the previous question
(Deschler Ch 3 Sec. 10.10), with any amendment being subject to
the point of order that it must be germane (Deschler Ch 1
Sec. 12.7).
The practice that Members may engage in debate only when
recognized, such recognition being at the discretion of the
Speaker. Manual Sec. 60.
The hour rule for debate on a question. Deschler Ch 1
Sec. 12.3.
Losing the right to resume after yielding the floor. 5 Hinds
Sec. Sec. 5038-5040.
Recognition for an amendment after the defeat of the previous
question, under the hour rule, with the proponent of the
amendment controlling the time. Deschler Ch 23 Sec. 22.4.
The nondebatable motion to commit after ordering of the
previous question. Manual Sec. 60; 5 Hinds Sec. 6758. Proponent
of the motion to commit need not qualify as opposed to the
resolution. Manual Sec. 60.
Withdrawal of a resolution before action is taken thereon.
Deschler Ch 1 Sec. 10.6.
The motion to lay on the table. 5 Hinds Sec. 5390; Deschler Ch
1 Sec. 9.
The motion to postpone to a day certain. Deschler Ch 1
Sec. 10.7.
The motion to adjourn. 1 Hinds Sec. 89; Deschler Ch 1 Sec. 9.
Specific standing rules of the House held not applicable before
adoption of its formal rules include:
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.
The three-day availability rule for the consideration of
committee reports. Deschler Ch 1 Sec. 12.9.
Sec. 8 . 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. Once the two Houses
have assembled, elected officers, sworn Members, and adopted rules,
the resumption of legislative business is in order. 1 Hinds
Sec. Sec. 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
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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. On occasion the House has convened
for its second session, but then conducted no legislative business
(including approval of its Journal or referral of bills) for several
days. Manual Sec. 84.
Old Business
Upon convening for a second or subsequent session during the term
of a Congress, the House resumes all business that was pending before
the House or its committees at the adjournment sine die of the
preceding session. Clause 6 of rule XI; Manual Sec. 814; 5 Hinds
Sec. 6727. Similarly, conference business between the two Houses
continues over an adjournment between the first and second sessions of
a Congress. 5 Hinds Sec. Sec. 6760-6762. However, because past
proceedings of one Congress do not 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.