[House Practice: A Guide to the Rules, Precedents and Procedures of the House] [Front Matter] [From the U.S. Government Publishing Office, www.gpo.gov] HOUSE PRACTICE JOHNSON SULLIVAN WICKHAM2017 U.S. House of Representatives HOUSE PRACTICE A Guide to the Rules, Precedents, and Procedures of the House Charles W. Johnson John V. Sullivan Thomas J. Wickham, Jr.
115th Congress, 1st Session HOUSE PRACTICE A Guide to the Rules, Precedents, and Procedures of the House Charles W. Johnson Parliamentarian of the House 1994-2004 John V. Sullivan Parliamentarian of the House 2004-2012 Thomas J. Wickham, Jr. Parliamentarian of the House 2012-
www.gpo.gov/housepractice U.S. GOVERNMENT PUBLISHING OFFICE WASHINGTON : 2017 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001 ISBN 0-16-053786-X PREFACE HOUSE PRACTICE The Parliamentarian of the House of Representatives is appointed by the Speaker without regard to political affiliation. The Office of the Parliamentarian and its subsidiary Office of Compilation of Precedents comprise attorneys, clerks, and editors who render nonpartisan assistance to the House on legislative and parliamentary procedure. The Office is also charged with publishing the parliamentary precedents of the House. The parliamentary law of the House of Representatives emanates from the Constitution and from rules adopted pursuant to section 5 in article I of the Constitution. These rules include not only the standing rules adopted from Congress to Congress but also Jefferson's Manual, as customarily incorporated by reference in the standing rules. They also include rules enacted as law and special rules adopted from time to time. The overarching role of the Office of the Parliamentarian is to strive for consistency in parliamentary analysis by attempting to apply pertinent precedent to each procedural question. In resolving questions of order, the Speaker and other presiding officers of the House adhere to the jurisprudential principle of stare decisis - a commitment to stand by earlier decisions. This fidelity to precedent promotes analytic consistency and procedural predictability and thereby fosters legitimacy in parliamentary practice. The compilation of the parliamentary precedents of the House is as important as any other function of the Office of the Parliamentarian. For each procedural decision made on the floor of the House, the Parliamentarian extracts the proceedings from the daily Congressional Record and writes a parliamentary syllabus. These ``headnotes'' must be precise, stating the real substance of the decision and its legal rationale in suitably narrow terms. To ensure a current digest of these matters, the Parliamentarian biennially publishes a House Rules and Manual. For the longer term, the Parliamentarian compiles the most salient precedents for formal, scholarly publication. These precedents presently fill 29 volumes comprising thousands of decisions over the 227 years of parliamentary practice in the House. They are published as Hinds' Precedents (1907); Cannon's Precedents (1936); and the precedents of the House authored by current and former Parliamentarians. To bridge the span between a digest of decisions and formally published precedents, the Parliamentarian also publishes this work as a condensed compilation of procedures of current application. The scope of this volume is thus limited. It is a summary review of selected precedents and not an exhaustive survey of all applicable rulings. The House Rules and Manual and the published volumes of precedents remain the primary sources for more comprehensive analysis and authoritative citation. An earlier, condensed work of this kind is Cannon's Procedure in the House of Representatives. That summary by Clarence Cannon was first published in 1949 and last published in 1959. A later summary, entitled Deschler's Procedure in the U.S. House of Representatives, was prepared by Lewis Deschler in 1974 and was revised and updated in 1978, 1979, 1982, 1985, and 1987. This fourth edition of House Practice reflects the efforts of all of the members of the Office of the Parliamentarian - Ethan Lauer, Jay Smith, Anne Gooch, Kyle Jones, Julia Cook, Brian Cooper, Lloyd Jenkins, Kristen Donahue - and of its Office of Compilation of Precedents - Andrew Neal, Max Spitzer, Catherine Moran, and Bryan Feldblum - as well as former Parliamentarian Charles W. Johnson, III. Their diligence in annotating the decisions of the Chair and other parliamentary precedents reflected in this edition and their devotion to the pursuit of excellence in the procedural practices of the House are gratefully acknowledged. Special recognition goes to Max Spitzer for his dedication and skilled management of the project. References to frequently cited works are to the House Rules and Manual for the 115th Congress, by section (e.g., Manual Sec. 364); to the volume and section of Hinds' or Cannon's Precedents (e.g., 6 Cannon Sec. 570); to the chapter and section of Deschler's, Deschler- Brown, Deschler-Brown-Johnson, or Deschler-Brown-Johnson-Sullivan (e.g., Deschler Ch 5 Sec. 2); to the Congressional Record, by Congress, session, date and page (e.g., 108-2, May 20, 2004, pp 10618- 29); and to the United States Code, by title and section (e.g., 2 USC Sec. 287). Thomas J. Wickham, Jr. March 1, 2017 Parliamentarian 2012- CHAPTER OUTLINE HOUSE PRACTICE Chapter 1. Adjournment (p. 1) Chapter 2. Amendments (p. 15) Chapter 3. Appeals (p. 65) Chapter 4. Appropriations (p. 71) Chapter 5. Assembly of Congress (p. 155) Chapter 6. Bills and Resolutions (p. 165) Chapter 7. Budget Process (p. 187) Chapter 8. Calendar Wednesday (p. 221) Chapter 9. Calendars (p. 229) Chapter10. Chamber, Rooms, and Galleries (p. 233) Chapter11. Committees (p. 239) Chapter12. Committees of the Whole (p. 305) Chapter13. Conferences Between the Houses (p. 339) Chapter14. Congressional Procedures Enacted in Law (p. 375) Chapter15. Congressional Record (p. 379) Chapter16. Consideration and Debate (p. 387) Chapter17. Contempt (p. 457) Chapter18. Delegates and Resident Commissioner (p. 463) Chapter19. Discharging Measures From Committees (p. 465) Chapter20. District of Columbia Business (p. 475) Chapter21. Division of the Question for Voting (p. 481) Chapter22. Election Contests and Disputes (p. 491) Chapter23. Election of Members (p. 497) Chapter24. Electoral Counts; Selection of President and Vice President (p. 503) Chapter25. Ethics; Committee on Ethics (p. 509) Chapter26. Germaneness of Amendments (p. 543) Chapter27. Impeachment (p. 603) Chapter28. Journal (p. 621) Chapter29. Lay on the Table (p. 629) Chapter30. Messages Between the Houses (p. 637) Chapter31. Morning Hour; Call of Committees (p. 641) Chapter32. Motions (p. 645) Chapter33. Oaths (p. 649) Chapter34. Office of Speaker (p. 655) Chapter35. Officers and Offices (p. 663) Chapter36. Order of Business; Privileged Business (p. 671) Chapter37. Points of Order; Parliamentary Inquiries (p. 679) Chapter38. Postponement (p. 695) Chapter39. Previous Question (p. 701) Chapter40. Private Calendar (p. 717) Chapter41. Question of Consideration (p. 723) Chapter42. Questions of Privilege (p. 729) Chapter43. Quorums (p. 755) Chapter44. Reading, Passage, and Enactment (p. 777) Chapter45. Recess (p. 791) Chapter46. Recognition (p. 797) Chapter47. Reconsideration (p. 815) Chapter48. Refer and Recommit (p. 829) Chapter49. Resolutions of Inquiry (p. 845) Chapter50. Rules and Precedents of the House (p. 851) Chapter51. Senate Bills; Amendments Between the Houses (p. 857) Chapter52. Special Orders of Business (p. 885) Chapter53. Suspension of Rules (p. 897) Chapter54. Unanimous-Consent Agreements (p. 907) Chapter55. Unfinished Business (p. 919) Chapter56. Unfunded Mandates (p. 925) Chapter57. Veto Procedure (p. 929) Chapter58. Voting (p. 937) Chapter59. Withdrawal (p. 965) Index (p. 971)