    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 117th Congress]
    [117th Congress]
    [House Document 116-177]
    [Rules of the House of Representatives]
    [Pages 691-701]
    [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.

      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.

    [[Page 692]]

      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 much 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, pp. 7588, 7600).

    [[Page 693]]

    at the same time losing the power by majority vote to go to any other
    bills on its calendars.

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

      This rule  does not bind the House to a daily routine
    because 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 that, 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. 47). But when the order of business is
    interrupted by a privileged matter, the business in order proceeds from
    the place of interruption (IV, 3070, 3071) unless the House adjourns, in
    which case it starts anew with the prayer. Although 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 resolving into the 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 exception to the principle that a majority may prevent
    interruption is contained in clause 5 of rule XV, providing for a call
    of the Private Calendar. By this combination of an order of business
    with privileged interruptions the House gives precedence to its most
    important business without

    Sec. 871. The privileged matters that may interrupt the order
    of business.

        The privileged matters that 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).

      (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 the stage of
    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 (clause 5 of rule XV).

      (9) Motions to discharge committees on public bills and resolutions
    (clause 2 of rule XV).

      (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).

      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). 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).

    [[Page 694]]

    ber, including the Chair, 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. 32129; Dec. 15, 1995, p. 37142; Nov. 7, 2009, p. 27190) or in the
    face of an objection to the request (May 28, 2019, p. _). A Member
    objecting to a unanimous-consent request or demanding the regular order
    when another has reserved the right to object must identify himself or
    herself to be observed by the Chair (Nov. 7, 1991, p. 30633; June 23,
    1992, p. 15703). The Speaker, however, usually signifies 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, because 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 Mem

    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.

    [[Page 695]]

          (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.

      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 modify the
    rule so 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).

    [[Page 696]]

    relating to a referral of the communication to committee (Sept. 9, 1998,
    p. 19769).

    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, messages from the President except those
    transmitting objections to bills (IV, 3534-3536), and 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). Messages from the President are referred. Such portions of
    Senate messages (House bills with Senate amendments) that do not require
    consideration in the 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 the 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 the Speaker (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

      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 under clause 2 of rule XII
    (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
    may 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'' and
    not involving an expenditure (IV, 3103) has been placed on the House
    Calendar (IV, 3096; VI, 727, 736, 738) or Private Calendar (IV, 3102).
    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 697]]

    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). The referral 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). Although 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

    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 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. 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).

    [[Page 698]]

    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). If 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 (Precedents (Wickham), ch. 5,
    Sec. 12.7).

    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, the first Tuesday 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

    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). 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 that 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.

      (d) Bills brought up under the rule setting apart days for motions to
    suspend the rules and bills under consideration after a committee has
    been discharged.

    [[Page 699]]

    goes into Committee of the Whole to consider that business (IV, 4735,
    4736).
      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

      On former District of Columbia day business unfinished on the
    preceding District day was in order for consideration, but could 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 that
    is undisposed of on one suspension day goes over as unfinished business
    to the next suspension day (V, 6814-6816; VIII, 3411, 3412; Mar. 15,
    2017, p. _ (see Mar. 8, 2017, p. _)).

    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 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 700]]

    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 was 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 that 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 properly be on the House Calendar (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 a duty to decide the
    question (IV, 3127) but may base the decision on statements from the
    chair 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

    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 701]]

      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.

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

      The phrase  ``one hour'' has been
    interpreted to include a shorter time in the case that 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
    the 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 the Member
    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 the 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).

     end segment .009  deg. segment .010 -- rule XV
    through rule XVII  deg.

      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).