[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 109th Congress]
[109th Congress]
[House Document 108-241]
[Rules of the House of Representatives]
[Pages 641-652]
[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 8 of rule XX.


  Third. The Pledge of Allegiance to the Flag.

  Fourth. Correction of reference of public bills.


[[Page 642]]

  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.

  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. 47). A correction to a cross reference was 
effected in the 107th Congress (sec. 2(x), H. Res. 5, Jan. 3, 2001, p. 
26).

  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).

  In response to serial parliamentary inquiries regarding the pledge of 
allegiance to the flag, the Chair advised that (1) under clause 1 of 
rule XIV, the third element of the daily order of business is the Pledge 
of Allegiance; (2) section 4 of title 4, United States Code, prescribes 
the text of the pledge; (3) when the pledge is delivered as the third 
element of the daily order of business, the Record reflects the pledge 
in its statutory form; and (4) the statute prescribes the manner of 
delivery of the pledge (Apr. 27, 2004, p. ----).


[[Page 643]]

order of business could be superseded by operation of other rules (H. 
Res. 5, Jan. 6, 1999, p. 47). 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, 
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


  (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 6 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) 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).


[[Page 644]]

reception of messages (V, 6602). Before 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).
  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




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 the 
regular order (see, e.g., Speaker Foley, Nov. 14, 1991, p. 32128; Dec. 
15, 1995, p. 37142). 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 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).



[[Page 645]]



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.

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


      (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.


[[Page 646]]

  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 occupied a single clause (formerly clause 2 of 
rule XXIV) (H. Res. 5, Jan. 6, 1999, p. 47).



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 are 
referred. Such portions of Senate messages (House bills with Senate 
amendments) that do not require consideration in Committee of the Whole 
may be laid before the House for action. Communications from the 
President, other than messages; 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) may be 
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. 19769).



[[Page 647]]

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) or 
Private Calendar (IV, 3102) and not involving an expenditure (IV, 3103). 
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).
  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). However, the usual practice is to take the 
bill from the Speaker's table and concur, concur with an amendment, or 
send to conference by unanimous consent, special rule, or suspension of 
the rules (VI, 732) (although a motion to send to conference may be 
privileged under clause 1 of rule XXII). 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 (formerly 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




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 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).



[[Page 648]]

all other unfinished business shall be resumed whenever the class of 
business to which it belongs shall be in order under the rules.



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 8 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


  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. 47). A clerical correction to a cross 
reference was effected in the 107th Congress (sec. 2(x), H. Res. 5, Jan. 
3, 2001, p. 26).



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 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. 20922; Oct. 2, 1997, p. 20991). 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. 20894).



[[Page 649]]

tions 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. 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 mo




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, motions to discharge committees, and bills under 
consideration after a committee has been discharged.

  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).


[[Page 650]]

mittees 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.



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 com


  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 6 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. 47).



[[Page 651]]




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 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. 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.


  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. 47).


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


[[Page 652]]




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'' 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. 47). 
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).