[Deschler's Precedents, Volume 1, Chapters 1 - 6]
[Chapter 5.  The House Rules, Journal, and Record]
[B. The House Journal]
[Â§ 13. Effecting Corrections]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 342-346]
 
                               CHAPTER 5
 
                  The House Rules, Journal, and Record
 
                          B. THE HOUSE JOURNAL
 
Sec. 13. Effecting Corrections

    Jefferson's Manual(18) states that on information of an 
incorrect or omitted entry in the Journal, a committee may be appointed 
to examine and rectify it, and report it to the House. However, in 
practice, the correction of the Journal is accomplished without 
utilizing such procedure, being done simply either by 
motion(19) or unanimous consent.(20) The latter 
method is employed usually, if not exclusively, when the Journal to be 
corrected is that of a day prior to the previous legislative 
day.(1) For example, when the Journal of a day preceding the 
previous legislative day fails through oversight to indicate that the 
Speaker signed a particular enrolled bill,(2) or which shows 
an incorrect placement of an amendment to a bill,(3) it may 
be corrected by unanimous consent.
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18. House Rules and Manua1 Sec. 583 (1973).
19. See, for example, Sec. 13.1, infra.
20. See, for example, Sec. 13.4, infra.
 1. See Sec. Sec. 13.4 et seq., infra.
 2. See Sec. 13.5, infra.
 3. See Sec. 13.7, infra.

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[[Page 343]]

    The motion to amend the Journal takes precedence of the motion to 
approve it,(4) but is not in order before the reading of the 
Journal has been completed,(5) and will be denied after the 
previous question has been demanded on the motion to approve the 
Journal.(6) However, the motion to commit provided for in 
the rule for the previous question(7) may be applied to a 
motion to amend the Journal.(8)
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 4. 4 Hinds' Precedents Sec. 2760; 6 Cannon's Precedents Sec. 633.
 5. See Sec. 13.2, infra.
 6. See Sec. 13.3, infra.
 7. Rule XVII clause 1, House Rules and Manual Sec. 804 (1973).
 8. 5 Hinds' Precedents Sec.  
        5574.                          -------------------
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Time for Making Corrections

Sec. 13.1 A motion to amend the Journal is not in order prior to a 
    reading of the Journal.

    On May 4, 1960,(9) prior to the commencement of the 
reading of the Journal, a Member stating a parliamentary inquiry asked 
whether a motion to amend the Journal was in order at that point or 
during the reading of the Journal or at the conclusion of the reading 
of the Journal. The Speaker(10) ruled that such a motion was 
not in order at that point.
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 9. 106 Cong. Rec. 9413, 86th Cong. 2d Sess.
10. Sam Rayburn (Tex.).
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Sec. 13.2 A motion to amend the Journal is not in order until the 
    reading thereof has been completed.

    On Sept. 13, 1965,(11) a Member rising to a 
parliamentary inquiry interrupted the reading of the Journal to ask 
whether it would be in order to move to amend the Journal at that time 
or after completion of the reading of the Journal. In response, the 
Speaker(12) stated that the effort of any Member to amend 
the Journal would have to be at the conclusion of the reading of the 
Journal.
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11. 111 Cong. Rec. 23598, 89th Cong. 1st Sess.
12. John W. McCormack (Mass.).
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Sec. 13.3 A motion to amend the Journal, made after the previous 
    question is demanded on a motion to approve, will be denied.

    On June 1, 1934,(13) following the reading of the 
Journal, a Member moved that the Journal be approved, and on that 
motion demanded the previous question. Another Member then moved to 
amend the Journal, making the point of order that such motion

[[Page 344]]

had precedence. The Speaker,(14) citing an earlier 
precedent,(15) ruled that a motion to amend the Journal 
might not be had after the moving of the previous question on a motion 
to approve the Journal. The previous question was then ordered.
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13. 78 Cong. Rec. 10226, 73d Cong. 2d Sess.
14. Henry T. Rainey (Ill.).
15. 4 Hinds' Precedents Sec. 2770.
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    Again, on Sept. 13, 1965,(16) after the reading of the 
Journal had been completed, a Member moved that it be approved as read 
and moved the previous question thereon, whereupon another Member moved 
to lay on the table the motion to approve and attempted to offer an 
amendment to the Journal. The Speaker(17) ruled that the 
motion to lay on the table was in order, but that the amendment was 
not.
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16. 111 Cong. Rec. 23600, 89th Cong. 1st Sess.
17. John W. McCormack (Mass.).
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Method of Effecting Corrections

Sec. 13.4 When the Journal erroneously shows a Member as absent during 
    a roll call, it may be corrected by unanimous consent.

    On June 29, 1966,(18) at the request of a Member, the 
Journal of June 27, 1966, was corrected by unanimous consent to show 
him as present and answering to his name in response to a roll call 
conducted on that date.
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18. H. Jour. 655, 89th Cong. 2d Sess.
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Sec. 13.5 Where the Journal of a day preceding the previous legislative 
    day fails through oversight to indicate that the Speaker signed a 
    particular enrolled bill, it may be corrected by unanimous consent.

    On June 24, 1968,(19) the Journal of the proceedings of 
Thursday, June 20, having been read and approved, the 
Speaker(20) announced that although he had signed a 
particular enrolled bill(1) on Wednesday, June 19, through 
accident or oversight that fact was not noted in either the Journal or 
the Record, and that therefore, without objection, the Journal and 
Record of June 19 would be amended to reflect such action. There was no 
objection.
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19. H. Jour. 591, 90th Cong. 2d Sess. (1968).
20. John W. McCormack (Mass.).
 1. H.R. 4566, 90th Cong. 2d Sess. (1968).
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Sec. 13.6 Where the Journal contains an error with respect to an 
    appointment made by the Speaker, it may be corrected by unanimous 
    consent.

[[Page 345]]

    On Feb. 4, 1963,(2) the Speaker,(3) calling 
attention to an error in the list of those appointed by him on Jan. 31, 
1963, to the Board of Visitors to the U.S. Military Academy, asked 
unanimous consent that the Journal and Record be corrected accordingly. 
There was no objection.
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 2. H. Jour. 177, 88th Cong. 1st Sess. (1963).
 3. John W. McCormack (Mass.).
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Sec. 13.7 The Journal may, by unanimous consent, be corrected to show 
    the proper place for an adopted amendment in a bill.

    On Aug. 30, 1957,(4) a Member asked unanimous consent 
that the Journal of June 17, 1957, which erroneously showed a certain 
amendment to a reported bill(5) as having been adopted 
following a particular line therein, be corrected to properly reflect 
the action taken by the House and show that such amendment was instead 
adopted as a specific subsection and inserted immediately following a 
different line of the reported bill. There was no response to the call 
of the Speaker pro tempore(6) for objections.
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 4. 103 Cong. Rec. 16760, 85th Cong. 1st Sess.
 5. H.R. 6127, 85th Cong. 1st Sess. (1957).
 6. Jere Cooper (Tenn.).
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Precedence of Motion to Amend Journal in Senate

Sec. 13.8 In the Senate, a motion to amend the Journal made after the 
    reading thereof takes precedence of a motion to lay a House bill 
    before the Senate and make it the pending business.

    On July 26, 1962,(7) following a quorum call conducted 
immediately after the reading of the Journal, a Senator moved that the 
Senate turn to the consideration of a certain House bill(8) 
and that it be laid down and made the pending business. Another 
Senator, however, pointing out that because of the quorum call there 
had been no opportunity to offer amendments to the Journal, raised the 
point of order that such motion was not in order until such time as 
amendments to the Journal had been offered and consideration thereof 
completed. The presiding officer(9) sustained the point of 
order, noting that under Senate Rule III(10) any motion to 
amend or correct the Journal was privileged and to be proceeded

[[Page 346]]

with until disposed of, but that there had been no opportunity to 
present such a motion because the Senate found itself without a quorum.
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 7. 108 Cong. Rec. 14857, 87th Cong. 2d Sess.
 8. H.R. 11040, 87th Cong. 2d Sess. (1962).
 9. Lee Metcalf (Mont.).
10. Rule III clause 1, Senate Manual.
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