[Deschler's Precedents, Volume 1, Chapters 1 - 6]
[Chapter 5.  The House Rules, Journal, and Record]
[B. The House Journal]
[Â§ 10. Entry of Particular Proceedings]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 322-328]
 
                               CHAPTER 5
 
                  The House Rules, Journal, and Record
 
                          B. THE HOUSE JOURNAL
 
Sec. 10. Entry of Particular Proceedings

    The Constitution provides for the keeping and publication of the 
Journal,(20) and expressly requires the recording of certain 
matters therein. Pursuant to its provisions, veto messages of the 
President accompanying bills disapproved and returned by him to the 
House must be entered on the Journal.(1) The Constitution 
also specifies the circumstances under which the yeas and nays are to 
be entered on the Journal.(2) And, because yea and nay votes 
are thus always made a part of the Journal, a motion or request to that 
effect is not necessary.(3)
---------------------------------------------------------------------------
20. See Sec. 8, supra.
 1. U.S. Const. art I, Sec. 7.
 2. See U.S. Const. art I, Sec. Sec. 5, 7.
 3. See Sec. 10.4, infra.
---------------------------------------------------------------------------

    The specific content of the Journal is also governed to some extent 
by legislative enactment.(4) For example, a statute requires 
that the electoral vote be entered on the Journal(5) 
together with a list of the votes by state in alphabetical order.
---------------------------------------------------------------------------
 4. See, for example, 2 USC Sec. 25, requiring each Member who takes 
        the oath of office to deliver a signed copy thereof to the 
        Clerk for recordation in the Congressional Record and in the 
        Journal.
            As to the admissibility in evidence of certified copies of 
        the Journal entry, see Sec. 9, supra.
 5. 3 USC Sec. 17.
---------------------------------------------------------------------------

    Governing the content of the Journal to a far greater extent than 
the relatively few constitutional and statutory provisions are the 
rules and practice of the House itself. In this regard, it should be 
noted that while the Constitution requires that certain matters be 
recorded in the Journal, it does not specify the particular mode in 
which, or indicate with what fullness, the Journal is to record those 
proceedings of the House relating to matters not expressly required by 
it to be entered therein; consequently the procedures to be followed 
with respect to such matters are left to the discretion of the 
House.(6) Thus, the House controls its Jour

[[Page 323]]

nal, even to the extent of omitting things actually done or recording 
things not done.(7) For example, because the Journal 
reflects only actions actually taken in the House, a request for 
unanimous consent which meets with objection is not made part of the 
Journal.(8) And, in the exercise of that discretion afforded 
it by the Constitution with respect to the Journal, the House has by 
its rules expressly provided for the entry therein of such diverse 
matters as questions of order and the decisions thereon,(9) 
the designation of a Clerk pro tempore,(10) the titles or 
subject of reports of committees delivered to the Clerk for printing 
and reference to the proper calendar under the direction of the 
Speaker,(11) the hour of adjournment,(12) and 
messages from the Senate and the President giving notice of bills 
passed or approved.(13)
---------------------------------------------------------------------------
 6. Field v Clark, 143 U.S. 670 (1892).
 7. 4 Hinds' Precedents Sec. 2784.
 8. See Sec. 10.2, infra.
 9. Rule III clause 3, House Rules and Manual Sec. 641 (1973).
10. Rule III clause 4, House Rules and Manual Sec. 647 (1973).
11. Rule XIII clause 2, House Rules and Manual Sec. 743 (1973).
12. Rule XVI clause 5, House Rules and Manual Sec. 790 (1973).
13. Rule XXXIX, House Rules and Manual Sec. 935 (1973).
---------------------------------------------------------------------------

    Petitions, memorials and bills of a private nature, together with 
the names of the Members presenting them, are entered in the 
Journal,(14) as are all public bills, memorials, resolutions 
and other documents referred under the rules.(15) 
Additionally, when a bill, resolution or memorial is introduced ``by 
request'', these words must also be entered upon the 
Journal,(16) and although not expressly required to do so by 
its rules, the House follows an identical practice with respect to 
petitions so introduced.(17)
---------------------------------------------------------------------------
14. Rule XXII clause 1, House Rules and Manual Sec. 849 (1973).
15. Rule XXII clause 4, House Rules and Manual Sec. 854 (1973).
16. Rule XXII clause 6, House Rules and Manual Sec. 860 (1973), also 
        requiring that the quoted words be printed in the Record.
17. See Sec. 10.7, infra.
---------------------------------------------------------------------------

    Every motion made to the House and entertained by the Speaker, 
likewise must be entered on the Journal with the name of the Member 
making it, unless it is withdrawn the same day.(18) A motion 
to discharge a committee, however, is entered on the Journal only when 
signed by a majority of the total membership of the 
House.(19)
---------------------------------------------------------------------------
18. Rule XVI clause 1, House Rules and Manual Sec. 775 (1973), 
        providing further that any such motion must be reduced to 
        writing on the demand of any Member.
19. Rule XXVII clause 4, House Rules and Manual Sec. 908 (1973), 
        further providing that a signature may be withdrawn by a Member 
        in writing at any time before the motion is entered on the 
        Journal.

---------------------------------------------------------------------------

[[Page 324]]

    Jefferson's Manual states that conference reports are to be entered 
in the Journal,(20) but notes that where amendments are made 
to a question they are not to be printed in the Journal separated from 
the question, and that the Journal records only the question as finally 
agreed to by the House.(1)
---------------------------------------------------------------------------
20. House Rules and Manual, Sec. 542 (1973).
 1. House Rules and Manual Sec. 580 (1973).
---------------------------------------------------------------------------

    The Journal also should record the result of every vote and state 
its subject in general terms.(2) In this regard, the rules 
provide that when a recorded vote is taken the names of those voting on 
each side of the question and the names of those not voting are to be 
entered in the Journal.(3)
---------------------------------------------------------------------------
 2. 4 Hinds' Precedents Sec. 2804.
 3. Rule I clause 5, House Rules and Manual Sec. 630 (1973).
---------------------------------------------------------------------------

    The names of those Members counted to establish a quorum of record, 
but not voting on a roll call, are also reported on the 
Journal.(4) And when, in the absence of a quorum, a call of 
the House in the old form is conducted, Members voluntarily appearing 
report their names to the Clerk to be entered upon the Journal as 
present.(5)
---------------------------------------------------------------------------
 4. Rule XV clause 3, House Rules and Manual Sec. 772 (1973).
 5. Rule XV clause 2(a), House Rules and Manual Sec. 768 (1973).
---------------------------------------------------------------------------

    On the other hand, when a call of the House in the absence of a 
quorum is ordered, those Members who fail to respond are recorded as 
absent in the Journal,(6) as are those Members reported as 
absentees during a call of the roll ordered upon the failure of a 
quorum in the Committee of the Whole.(7)
---------------------------------------------------------------------------
 6. Rule XV clause 2(b), House Rules and Manual Sec. 771b (1973).
 7. Rule XXIII clause 2, Sec. 863, and Rule XV clause 2(b), Sec. 771b, 
        House Rules and Manual (1973).
---------------------------------------------------------------------------

    Similarly, whenever electronic voting equipment is used in 
recording any roll call or quorum call, a list of the names of those 
Members recorded as voting in the affirmative, of those recorded as 
voting in the negative, and of those voting ``present'', as the case 
may be, is to be entered in alphabetical order in each category in the 
Journal as if their names had been called in the manner otherwise 
provided for under the provisions of the applicable rule.(8)
---------------------------------------------------------------------------
 8. Rule XV clause 5, House Rules and Manual Sec. 774b (1973).

---------------------------------------------------------------------------

[[Page 325]]

                          -------------------Entry of Proceedings, 
    Special Orders, and Unanimous-Consent Requests

Sec. 10.1 The Journal reflects the proceedings of the day.

    On Oct. 8, 1968,(9) a Member propounded a parliamentary 
inquiry as to whether due diligence was being paid to the proceedings 
of that day with regard to what the Journal and the Corgressional 
Record would show on the next day. The Speaker pro 
tempore(10) stated that the Journal and the Record would 
reflect the proceedings of the day.
---------------------------------------------------------------------------
 9. 114 Cong. Rec. 3097, 90th Cong. 2d Sess.
10. Wilbur D. Mills (Ark.).
---------------------------------------------------------------------------

Sec. 10.2 The Journal reflects only the actions that are taken in the 
    House and therefore, where a unanimous-consent request is objected 
    to, such matter is not made part of the Journal.

    On Feb. 15, 1950,(11) a Member interrupted the reading 
of the previous day's Journal to make the point of order that the 
Journal was incorrect because it noted neither his unanimous-consent 
request that the House adjourn until a day certain nor the objection of 
another Member thereto. The Speaker,(12) pointing out that 
the Clerk was reading the Journal and not the Record, overruled the 
point of order and declared that the Journal reflects only the actions 
that are taken.
---------------------------------------------------------------------------
11. 96 Cong. Rec. 1805, 81st Cong. 2d Sess.
12. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

Sec. 10.3 The Journal does not include the texts of special orders 
    because they do not constitute business.

    On Sept. 13, 1965,(13) a Member rising to a 
parliamentary inquiry interrupted the reading of the Journal for Sept. 
9 to ask whether it included any part of certain special orders. In 
response, the Speaker(14) stated that the Journal did not 
include special orders because the same were not business.
---------------------------------------------------------------------------
13. 111 Cong. Rec. 23600, 89th Cong. 1st Sess.
14. John W. McCormack (Mass.).
---------------------------------------------------------------------------

Recording Yeas and Nays

Sec. 10.4 Yea and nay votes are always made a part of the Journal and a 
    motion or request to that effect is not necessary.

    On Feb. 21, 1950,(15) in response to a Member who 
requested that the yea and nay votes just re

[[Page 326]]

corded be made a part of that day's Journal, the Speaker(16) 
stated it to be his understanding that yea and nay votes are always 
made a part of the Journal.
---------------------------------------------------------------------------
15. 96 Cong. Rec. 2094, 81st Cong. 2d Sess.
16. Sam Rayburn (Tex.).
---------------------------------------------------------------------------

Recording Electoral Votes

Sec. 10.5 After the dissolution of a joint session of Congress called 
    for the purpose of counting the electoral vote, the Speaker calls 
    the House to order and directs that the electoral vote be spread at 
    large upon the Journal.

    On Jan. 6, 1969,(17) after the President pro tempore of 
the Senate(18) had declared dissolved the joint session of 
Congress, called pursuant to a Senate concurrent 
resolution(1) for the purpose of counting the electoral 
vote, the House was called to order by the Speaker(2) who 
then directed that the electoral vote be spread at large upon the 
Journal.
---------------------------------------------------------------------------
17. 115 Cong. Rec. 172, 91st Cong. 1st Sess.
18. Richard B. Russell, Jr. (Ga.).
 1. S. Con. Res. 1, 91st Cong. 1st Sess. (1969).
 2. John W. McCormack (Mass.).
---------------------------------------------------------------------------

Sec. 10.6 The names of those Members of Congress whose signatures on an 
    objection to the electoral count are in excess of the minimum 
    number prescribed by statute(3) may be entered on the 
    Journal by unanimous consent.
---------------------------------------------------------------------------
 3. 3 USC Sec. 15, providing, inter alia, that such objection must be 
        in writing and signed by at least one Senator and one Member of 
        the House of Representatives.
---------------------------------------------------------------------------

    On Jan. 6, 1969,(4) after the joint session of the two 
Houses of Congress called to count the electoral vote was dissolved, 
the Speaker,(5) having called the House to order and 
directed that the electoral vote be spread at large upon the Journal, 
announced that there were additional signatures of Members of the House 
and Senate on the objection raised to the electoral vote of North 
Carolina, and that without objection such signatures would appear in 
the Journal and in the Record. There was no objection.
---------------------------------------------------------------------------
 4. 115 Cong. Rec. 172, 91st Cong. 1st Sess.
 5. John W. McCormack (Mass.).
---------------------------------------------------------------------------

Entry of Bills, Petitions, and Resolutions

Sec. 10.7 When a petition filed with the Clerk under Rule XXII clause 1 
    is introduced ``by request,'' these words are entered on the 
    Journal and printed in the Record fol

[[Page 327]]

    lowing the name of the Member.

    The presentation and reference under Rule XXII(6) of a 
petition introduced ``by request'' on Apr. 13, 1961, was duly recorded 
in both the Journal(7) and the Congressional 
Record(8) for that date with the words ``by request'' noted 
parenthetically immediately following the name of the Member 
introducing the petition.
---------------------------------------------------------------------------
 6. Clauses 1 and 6, House Rules and Manual (1973).
 7. H. Jour. 424, 87th Cong. 1st Sess.
 8. 107 Cong. Rec. 5900, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

Sec. 10.8 The printing of the text of a bill in the Journal may be 
    dispensed with by unanimous consent.

    On Apr. 26, 1965(9) after the passage of a 
bill(10) providing for the codification of the general and 
permanent laws relating to decedents' estates and fiduciary relations 
in the District of Columbia, a Member asked unanimous consent that the 
printing of the bill in the Journal and in the Congressional Record be 
dispensed with because of the cost involved. There was no response to 
the Speaker's(11) call for objections.
---------------------------------------------------------------------------
 9. 111 Cong. Rec. 8375, 89th Cong. 1st Sess.
10. H.R. 4465, 89th Cong. 1st Sess. (1965).
11.  John W. McCormack (Mass.).
---------------------------------------------------------------------------

Sec. 10.9 When a resolution has been adopted providing for the 
    consideration of a bill by the Committee of the Whole House on the 
    state of the Union, and the bill is then called up and considered 
    by unanimous consent in the House as in the Committee of the Whole, 
    the Journal indicates the discharge of the Committee of the Whole 
    House on the state of the Union from the further consideration of 
    such bill.

    On June 28, 1966,(12) after the adoption of a 
resolution(13) providing for the consideration of a certain 
bill(14) in the Committee of the Whole House on the state of 
the Union under an open rule with one hour of general debate, a Member, 
by direction of the cognizant Committee, called up the bill and at his 
request was granted unanimous consent that it be considered in the 
House as in the Committee of the Whole. The Journal for that 
day(15) indicated the discharge of the Committee of

[[Page 328]]

the Whole in the following language: ``On motion of Mr. Hebert by 
unanimous consent, the Committee of the Whole House on the state of the 
Union was discharged from further consideration of the bill H.R. 5256. 
. . .''
---------------------------------------------------------------------------
12. 112 Cong. Rec. 14547, 89th Cong. 2d Sess.
13. H. Res. 895, 89th Cong. 2d Sess. (1966).
14. H.R. 5256, 89th Cong. 2d Sess. (1966).
15. H. Jour. 650, 89th Cong. 2d Sess. (1966).
---------------------------------------------------------------------------

Corrections of the Congressional Record

Sec. 10.10 When remarks and extraneous matter inserted in the 
    Congressional Record by a Member are, by unanimous consent, ordered 
    expunged from the permanent edition thereof, the Journal records 
    such fact.

    The Journal of June 5, 1962,(16) records the fact that 
at the request of a Member his remarks and certain extraneous material 
appearing in the Congressional Record for a particular date were by 
unanimous consent ordered expunged from the permanent Record.
---------------------------------------------------------------------------
16. H. Jour. 372, 87th Cong. 2d Sess.
---------------------------------------------------------------------------