    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 106th Congress]
    [106th Congress]
    [House Document 105-358]
    [Rules of the House of Representatives]
    [Pages 610-620]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                   Rule XIV.--ORDER AND PRIORITY OF BUSINESS

    Sec. 869. The rule for the order of business in the House.

      1. The daily order of business (unless varied by the application of
    other rules and except for the disposition of matters of higher
    precedence) shall be as follows:

    First. Prayer by the Chaplain. l   Second. Reading and approval of the
    Journal, unless postponed under clause 9(a) of rule XX.

      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.

    [[Page 611]]

      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.

      Originally the House had no rule prescribing an order of business, but
    certain simple usages were gradually established by practice before the
    first rule on the subject was adopted in 1811. The rule was amended
    frequently to arrange the business to give the House as large a freedom
    as possible in selecting for consideration and completing the
    consideration of the bills that it deems most important. The basic form
    of the rule has been in place since 1890 (IV, 3056). The 98th Congress
    made a conforming change to the second order of business relating to the
    postponement of the vote on approval of the Journal (H. Res. 5, Jan. 3,
    1983, p. 34). The 104th Congress added the present third order of
    business respecting the Pledge of Allegiance (sec. 218, H. Res. 6, Jan.
    4, 1995, p. 468). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 1 of rule XXIV (H.
    Res. 5, Jan. 6, 1999, p. ----).

      The Speaker does not entertain a point of no quorum before the prayer
    is offered (VI, 663). Under clause 7 of rule XX, a point of no quorum
    may not be entertained unless a question is pending (see Sec. 1027,
    infra).

    [[Page 612]]

    6443) and motions to discharge or instruct conferees (clause 7(c) of
    rule XXII).

    Sec. 870. Privileged interruptions of the order of
    business in the House.

      This rule  does not, however, bind the House to a daily
    routine, since the system of making certain important subjects
    privileged (see clause 5 of rule XIII and rule XXII) permits the
    interruption of the order of business by matters which, in fact, often
    supplant it entirely for days at a time. In the 106th Congress the
    recodification acknowledged in the parenthetical of this clause that the
    prescribed daily order of business could be superseded by operation of
    other rules (H. Res. 5, Jan. 6, 1999, p. ----). But on any day, when the
    order of business is interrupted by a privileged matter, the business in
    order goes on from the place of interruption (IV, 3070, 3071) unless the
    House adjourns. After an adjournment the House begins again at the
    beginning. While privileged matters may interrupt the order of business,
    they may do so only with the consent of a majority of the House,
    expressed as to appropriation bills by the vote on going into Committee
    of the Whole to consider such bills, and as to matters like conference
    reports, questions of privilege, etc., by raising and voting on the
    question of consideration. The only exceptions to the principle that a
    majority may prevent interruption is contained in clauses 5 and 7 of
    rule XV, providing for a call of the Private Calendar on the first
    Tuesday of each month and a call of committees on Wednesdays. By this
    combination of an order of business with privileged interruptions the
    House is enabled to give precedence to its most important business
    without at the same time losing the power by majority vote to go to any
    other bills on its calendars.
    <>   The privileged matters which may interrupt the order of
    business include: l  (1) General appropriation bills (clause 5 of rule
    XIII; IV, 3072). l  (2) Conference reports (clause 7(a) of rule XXII; V,

      (3) Special orders reported by the Committee on Rules for
    consideration by the House (clause 5 of rule XIII; IV, 3070-3076, 4621).

      (4) Consideration of amendments between the Houses after disagreement
    (IV, 3149, 3150).

      (5) Questions of privilege (rule IX; III, 2521).

      (6) Privileged bills reported under the right to report at any time
    (clauses 5 and 7 of rule XIII; IV, 3142-3144, 4621).

      (7) Call of committees on Wednesdays for bills on House and Union
    Calendars (clause 7 of rule XV).

      (8) Private business on Tuesday (clause 5 of rule XV).

      (9) Motions on the second and fourth Mondays of the month to discharge
    committees on public bills and resolutions (clause 2 of rule XV), and
    consideration of District of Columbia business (clause 4 of rule XV; IV,
    3304).

      (10) Consideration of bills on the Corrections Calendar (clause 6 of
    rule XV), and motions to suspend the rules and pass bills out of the
    regular order (clause 1 of rule XV; V, 6790).

      (11) Bills coming over from a previous day with the previous question
    ordered (V, 5510-5517).

      (12) Bills returned with the objections of the President (IV, 3534-
    3536).

      (13) Motions to send a bill to conference (under clause 1 of rule
    XXII; Aug. 1, 1972, p. 26153).

      In addition to these matters, the House by practice permits its order
    of business to be interrupted, at the discretion of the Speaker, for the
    reception of messages (V, 6602). Prior to the 104th Congress, addressing
    the House out of order by unanimous consent, the Speaker announced that
    on at least two subsequent days he would recognize designated Members
    after approval of the Journal to lead the House in the Pledge of
    Allegiance to the Flag (Speaker Wright, Sept. 9, 1988, p. 23310).
    Requests of Members for leaves of absence are in practice put before the
    House at the time of adjournment (IV, 3151).

    [[Page 613]]

    the regular order (see, e.g., Speaker Foley, Nov. 14, 1991, p. 32128;
    Dec. 15, 1995, p. ----). A Member objecting to a unanimous-consent
    request or demanding the regular order when another has reserved the
    right to object must stand to be observed by the Chair (Nov. 7, 1991, p.
    30633; June 23, 1992, p. 15703). The Speaker, however, usually signifies
    his objection by declining to put the request of the Member, thus saving
    the time of the House. The Speaker's guidelines for recognition for
    unanimous-consent requests for consideration of unreported measures are
    issued pursuant to clause 2 of rule XVII and are discussed in Sec. 956,
    infra. The request for unanimous consent began to be used about 1832
    when the House first felt a pressure of business and the necessity of
    adhering to a fixed order (IV, 3155-3159). In 1909, by the adoption of
    former clause 4 of rule XIII, a Consent Calendar was established, which
    was abolished in the 104th Congress (H. Res. 168, June 20, 1995, p.
    16574). For discussion of unanimous-consent requests and reservations of
    objections, see House Practice (1996), pp. 861-68, and Sec. 956, infra.
    Unanimous consent for the immediate consideration of a measure in the
    House does not preclude a demand for a record vote when the Chair puts
    the question on final passage, since it merely permits consideration of
    a matter not otherwise privileged (Dec. 16, 1987, p. 35816).

    Sec. 872. The interruption of the order of business
    by the request for unanimous consent.

      When the  House has no rule establishing
    an order of business, as at the beginning of a session before the
    adoption of rules, it is in order for any Member who is recognized by
    the Chair to offer a proposition relating to the order of business
    without asking consent of the House (IV, 3060). But after the adoption
    of the rule for the order of business, interruptions are confined to
    matters privileged to interrupt or to cases wherein the House gives
    unanimous consent for an interruption. A request for unanimous consent
    to consider a bill is in effect a request to suspend the order of
    business temporarily (IV, 3059). Therefore any Member, including the
    Speaker, may object, or reserve the right to object and inquire, for
    example, about the reasons for the request, or demand the ``regular
    order'' (IV, 3058). Debate under a reservation of objection proceeds at
    the sufferance of the House and may not continue after a demand for

    Sec. 873. Disposal of
    business on the Speaker's table.

        2. Business on the Speaker's table  shall be disposed of as follows:

          (a) Messages from the President shall be referred to the
    appropriate committees without debate.

          (b) Communications addressed to the House, including reports and
    communications from heads of departments and bills, resolutions, and
    messages from the Senate, may be referred to the appropriate committees
    in the same manner and with the same right of correction as public bills
    and public resolutions presented by Members, Delegates, or the Resident
    Commissioner.

    [[Page 614]]

    tained as provided in clauses 1, 2, and 4 of rule XXII.
          (c) Motions to dispose of Senate amendments on the Speaker's table
    may be enter

          (d) Senate bills and resolutions substantially the same as House
    measures already favorably reported and not required to be considered in
    the Committee of the Whole House on the state of the Union may be
    disposed of by motion. Such a motion shall be privileged if offered by
    direction of all reporting committees having initial jurisdiction of the
    House measure.

      A rule to govern disposition of business on the Speaker's table (to be
    distinguished from the table of the House, which is the Clerk's table)
    was adopted in 1832. In 1880 and 1885 efforts were made to so modify the
    rule as to prevent delays in business on the Speaker's table, but it was
    not until 1890 that the present rule was adopted (IV, 3089). Before the
    House recodified its rules in the 106th Congress, this provision and
    clause 2 of rule XXII had occupied a single clause (former clause 2 of
    rule XXIV) (H. Res. 5, Jan. 6, 1999, p. ----).

    [[Page 615]]

    Sec. 874. Matters on Speaker's table for action by the
    House or by the Speaker alone.

      Such  portions of messages from the Senate as
    require action by the House, all messages from the President except
    those transmitting his objections to bills (IV, 3534-3536), and all
    communications and reports from the heads of departments go to the
    Speaker's table when received, to be disposed of under this rule. Simple
    resolutions of the Senate that do not require any action by the House
    are not referred (VII, 1048). All of the President's messages and such
    portions of Senate messages as, being House bills with Senate
    amendments, that do not require consideration in Committee of the Whole
    are laid before the House for action; but communications other than
    messages from the President, all portions of Senate messages requiring
    consideration in Committee of the Whole (IV, 3101), and Senate bills of
    all kinds (with the exception noted in the rule) are referred to the
    appropriate standing committees under direction of the Speaker without
    action by the House (IV, 3107, 3111; VI, 727). Under clause 2 of former
    rule XXIV (current rule XIV), the Speaker may temporarily retain custody
    of an executive communication addressed to him (or may pursuant to
    former clause 1 of rule IV (current clause 3(a) of rule II) order the
    Sergeant-at-Arms to assume custody) pending House disposition of a
    special order reported from the Committee on Rules relating to a
    referral of the communication to committee (Sept. 9, 1998, p. ----).

      A House bill returned with Senate amendments involving a new matter of
    appropriation, whether with or without a request for a conference, may
    be referred directly to a standing committee (VI, 731), and on being
    reported therefrom is referred directly to the Committee of the Whole
    (IV, 3094, 3095, 3108-3110). The usual practice, however, is to take
    from the Speaker's table and send to conference by unanimous consent
    (VI, 732). The Speaker's authority under this clause includes the
    discretionary authority to refer from the Speaker's table Senate
    amendments to House-passed bills, to standing committees, under any
    conditions permitted under current clause 2 of rule XII (former clause 5
    of rule X) for referral of introduced bills; he may for example impose a
    time limitation for consideration only of a portion of the Senate
    amendment, not germane to the original House bill, by the standing
    committee with subject-matter jurisdiction, without referring the
    remainder of the Senate amendment to the House committee with
    jurisdiction over the original House bill (Speaker O'Neill, H.R. 31,
    Mar. 26, 1981, p. 5397). The Speaker announced his policy regarding
    referral of nongermane Senate amendments to committee (Jan. 3, 1983, p.
    54; Jan. 6, 1987, p. 21); and his policy regarding recognition for
    unanimous-consent requests to dispose of Senate amendments at the
    Speaker's table (Apr. 26, 1984, p. 10194; Feb. 4, 1987, p. 2676)
    discussed in Sec. 956, infra. A Senate bill to come before the House
    directly from the table must conform to the conditions prescribed by the
    rule (IV, 3098, 3099; VI, 727, 734, 737), and must have come to the
    House after and not before the House bill ``substantially the same'' has
    been placed on the House Calendar (IV, 3096; VI, 727, 736, 738). In the
    event the House bill has passed before the Senate bill is received, the
    Senate bill may nevertheless be disposed of on motion directed by the
    committee (VI, 734, 735). The House bill must be correctly on the House
    Calendar (VI, 736). In determining whether the House bill is
    substantially the same as the Senate bill, amendments recommended by the
    House committee must be considered (VI, 734, 736). The rule applies to
    private as well as to public Senate bills (IV, 3101), and to concurrent
    resolutions as well as to bills (IV, 3097). Although a committee must
    authorize the calling up of the Senate bill (VI, 739), the actual motion
    need not be made by a member of the committee (IV, 3100). The authority
    of a committee to call up a bill must be given at a formal meeting of
    the committee (VIII, 2211, 2212, 2222).

    [[Page 616]]

    from the Committee on Ways and Means (V, 6621, 6622) but since the first
    session of the 64th Congress the practice has been discontinued (VIII,
    3350). A portion of the annual message has been referred directly to a
    select committee (V, 6628). A message other than an annual message is
    usually referred directly to a standing committee by direction of the
    Speaker (IV, 4053; VIII, 3346), but may be referred by the House itself
    on motion by a Member (V, 6631; VIII, 3348), and such motion is
    privileged (VIII, 3348). This reference may be to a select as well as to
    a standing committee (V, 6633, 6634).

    Sec. 875. Reference of President's messages from the
    Speaker's table.

      A  message of the President on the Speaker's table is
    regularly laid before the House only at the time prescribed by the order
    of business (V, 6635-6638). While it is always read in full and entered
    on the Journal and the Congressional Record (V, 6963), the accompanying
    documents are not read on demand of a Member or entered in the Journal
    or Record (V, 5267-5271; VII, 1108). The annual message of the President
    is usually referred to the Committee of the Whole House on the state of
    the Union by the House on motion (V, 6631). In the earlier practice it
    was distributed to appropriate standing committees by resolutions
    reported

    Sec. 876. Unfinished business.

      3.  Consideration of
    unfinished business in which the House may have been engaged at an
    adjournment, except business in the morning hour and proceedings
    postponed under clause 9 of rule XX, shall be resumed as soon as the
    business on the Speaker's table is finished, and at the same time each
    day thereafter until disposed of. The consideration of all other
    unfinished business shall be resumed whenever the class of business to
    which it belongs shall be in order under the rules.

      The first rule relating to unfinished business was adopted in 1794.
    Changes were made in 1860 and 1880, but the rule finally became
    unsatisfactory, because of delays caused by it, and in 1890 the present
    form was adopted (IV, 3112). Before the House recodified its rules in
    the 106th Congress, this provision was found in former clause 3 of rule
    XXIV (H. Res. 5, Jan. 6, 1999, p. ----).

    [[Page 617]]

    does not recur as unfinished business on a succeeding day, even though
    the yeas and nays may have been ordered on it (IV, 3114). The question
    of consideration, also, when not disposed of at an adjournment, does not
    recur as unfinished business on a succeeding day (V, 4947, 4948), but
    may be again raised on a subsequent day when the matter is again called
    up as unfinished business (VIII, 2438). Where the House adjourns during
    the consideration of a report from the Committee on Rules, further
    consideration of the report becomes the unfinished business on the
    following day, and debate resumes from the point where interrupted
    (Sept. 27, 1993, p. 22609; Sept. 28, 1993, p. 22719). When the House
    adjourns on the second legislative day after postponement of a question
    under clause 8 of rule XX without resuming proceedings thereon, the
    question remains unfinished business on the next legislative day (Oct.
    1, 1997, p. ----). When the House adjourns while a motion to instruct
    under clause 7(c) of rule XXII is pending, the motion to instruct
    becomes unfinished business on the next day and does not need to be
    renoticed (Oct. 1, 1997, p. ----).

    Sec. 877. Construction of rule as to unfinished
    business.

      This  clause should be understood in light of clause 8 of rule XX,
    which permits the Chair to postpone record votes on certain questions to
    a designated time within two legislative days (see Sec. 1030, infra).
    The ``business in which the House may be engaged at an adjournment''
    means, literally, business in the House, as distinguished from the
    Committee of the Whole; and it further means business in which the House
    is engaged in its general legislative time, as distinguished from the
    special periods set aside for classes of business, like the morning hour
    for calls of committee, Tuesdays for private bills, etc. In general, all
    business unfinished in the general legislative time goes over as
    unfinished business under the rule, but there are a few exceptions.
    Thus, a motion relating to the order of business

    Sec. 878. Effect of previous question.

      When the  House
    adjourns before voting on a proposition on which the previous question
    has been ordered, either directly or by the terms of a special order
    (IV, 3185), the matter comes up the next day as unfinished business (V,
    5510-5517; VIII, 2691; Aug. 2, 1989, p. 18187). If several bills come
    over in this situation, they have precedence in the order in which the
    several motions for the previous question were made (V, 5518). When the
    previous question is ordered on a bill undisposed of at adjournment on
    Friday, the bill comes up for disposition on the next legislative day
    (VIII, 2694). A bill going over from Calendar Wednesday with the
    previous question ordered on it should be disposed of on the next
    legislative day (VII, 967), but when the previous question is ordered on
    a bill undisposed of when the House adjourns Tuesday, the bill goes over
    until Thursday (VII, 890-894; VIII, 2674, 2691). A bill coming over from
    a preceding day with the previous question ordered was of equal
    privilege with business on the former Consent Calendar (VII, 990).

    Sec. 879. Business unfinished in periods set apart
    for classes of business.

      The rule  excepts by its terms certain classes of
    business which are considered in periods set apart for classes of
    business, viz: l  (a) Bills considered in the morning hour and on
    Calendar Wednesday for the call of committees. l  (b) Bills in Committee
    of the Whole.

      (c) Private bills considered on Tuesdays.

      (d) District of Columbia bills.

      (e) Bills brought up under the rule setting apart days for motions to
    suspend the rules, the Corrections Calendar, motions to discharge
    committees, and bills under consideration after a committee has been
    discharged.

    [[Page 618]]

      A bill brought up in the morning hour and undisposed of when the call
    ceases for the day remains as unfinished business in the morning hour
    (IV, 3113, 3120), i.e., it is considered when the House next goes to a
    call of committees. Business unfinished when the Committee of the Whole
    rises remains unfinished, to be considered first in order when the House
    next goes into Committee of the Whole to consider that business (IV,
    4735, 4736).

      On District of Columbia day business unfinished on the preceding
    District day is in order for consideration, but does not come before the
    House unless called up (IV, 3307; VII, 879). Unless postponed under
    clause 8 of rule XX, a motion to suspend the rules, which is undisposed
    of on one suspension day, goes over as unfinished business to the next
    suspension day, individual motions going over to a committee day, and
    vice versa (V, 6814-6816; VII, 1005; VIII, 3411, 3412).

    Sec. 880. The morning hour for the call of
    committees.

      4. After the  unfinished business has been disposed of, the Speaker
    shall call each standing committee in regular order and then select
    committees. Each committee when named may call up for consideration a
    bill or resolution reported by it on a previous day and on the House
    Calendar. If the Speaker does not complete the call of the committees
    before the House passes to other business, the next call shall resume at
    the point it left off, giving preference to the last bill or resolution
    under consideration. A committee that has occupied the call for two days
    may not call up another bill or resolution until the other committees
    have been called in their turn.

      The morning hour is one of the oldest devices of the rules for
    devoting an early portion of the session to a specific class of
    business. Until 1885 it was the hour for the reception of reports from
    committees. In 1890 it was provided that reports should be filed with
    the clerk, and the morning hour was by this rule devoted to a call of
    committees for the consideration of House Calendar bills (IV, 3181).
    Since the adoption of the Calendar Wednesday rule (clause 7 of rule XV),
    the morning hour has been used but rarely. Before the House recodified
    its rules in the 106th Congress, this provision was found in former
    clause 4 of rule XXIV (H. Res. 5, Jan. 6, 1999, p. ----).

    [[Page 619]]

    the Speaker has declined to permit the call to be interrupted by a
    privileged report (IV, 3132) or by unanimous consent (IV, 3130). Where
    the business for which the call is interrupted is concluded, the call is
    resumed unless there be other interrupting business or the House
    adjourns (IV, 3133). A bill once brought up on the call continues before
    the House in that order of business until disposed of (IV, 3120), unless
    withdrawn by authority of the committee before action which puts it in
    possession of the House (IV, 3129); and may not be made a special order
    for a future day by a motion to postpone to a day certain (IV, 3164). In
    order to be called up in this order a bill must actually be on the House
    Calendar, and properly there, in order to be considered (IV, 3122-3126),
    and a bill on the Union Calendar may not be brought up on call of
    committees under this clause (VI, 753). If the authority of the
    committee to call up a bill is disputed, the Chair does not consider it
    his duty to decide the question (IV, 3127), but the Chair may base its
    decision on statements from the chairman and other members of the
    committee (IV, 3128).

    Sec. 881. Procedure in the morning
    hour.

      Originally the  morning hour was a fixed period of 60 minutes (IV, 3118); but
    under the present rule it does not terminate until the call is exhausted
    or until the House adjourns (IV, 3119), unless the House on motion made
    at the end of 60 minutes votes to go into Committee of the Whole House
    on the state of the Union (clause 5 of rule XIV; IV, 3134), or unless
    other privileged matter intervenes (IV, 3131, 3132). Before the
    expiration of the 60 minutes

    Sec. 882. Interruption of the call of committees by
    motion to go into Committee of the Whole House on the state of the
    Union.

      5. After  consideration of bills or resolutions under clause 4 for one
    hour, it shall be in order, pending consideration thereof, to entertain
    a motion that the House resolve into the Committee of the Whole House on
    the state of the Union or, when authorized by a committee, that the
    House resolve into the Committee of the Whole House on the state of the
    Union to consider a particular bill. Such a motion shall be subject to
    only one amendment designating another bill. If such a motion is decided
    in the negative, another such motion may not be considered until the
    matter that was pending when such motion was offered is disposed of.

    [[Page 620]]

      This portion of the rule was adopted in 1890 as part of the plan for
    enabling the House at will to go at any time to any public bill on its
    calendars (IV, 3134). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 5 of rule XXIV (H.
    Res. 5, Jan. 6, 1999, p. ----).

    6. <>   All questions relating to the priority of business
    shall be decided by a majority without debate.

    Sec. 883. Conditions of the motion to go into
    Committee of the Whole at the end of one hour.

      The words  of the rule ``one hour
    after'' have been interpreted to mean a less time in case the call of
    committees shall have exhausted itself before the expiration of one hour
    (IV, 3135); but not otherwise (IV, 3141). After the House has been in
    Committee of the Whole under this order and has risen and reported, and
    the report has been acted on by the House, other motions to go into
    Committee to consider other bills are in order (IV, 3136). The motion to
    go into Committee generally may be made by the individual Member (IV,
    3138), but when it is proposed to designate a particular bill he must
    have the authority of a committee (IV, 3138). The amendment to the
    motion to consider a particular bill must refer to a bill on the Union
    Calendar (IV, 3139). This order of business is used entirely for
    nonprivileged bills and is not used in the House for consideration of
    bills in Committee of the Whole House on the state of the Union if
    otherwise privileged under clause 5 of rule XIII.

      This provision was adopted in 1803 to prevent obstructive debate (IV,
    3061). Before the House recodified its rules in the 106th Congress, this
    provision was found in former rule XXV (H. Res. 5, Jan. 6, 1999, p. ----
    ). The question of consideration under clause 3 of rule XVI and the
    motion that the House resolve itself into the Committee of the Whole are
    not debatable (VIII, 2447; IV, 3062, 3063).

      This rule may not be invoked to establish an order of business or to
    inhibit the Speaker's power of recognition (Speaker Albert, July 31,
    1975, p. 26249). It has been held that appeals from decisions of the
    Chair as to priority of business are not debatable under this rule (V,
    6952).