[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 20. District of Columbia Business]
[From the U.S. Government Publishing Office, www.gpo.gov]


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                 CHAPTER 20 - DISTRICT OF COLUMBIA BUSINESS

                              HOUSE PRACTICE

  Sec. 1. In General; Constitutional Background
  Sec. 2. Jurisdiction; When District Business is in Order
  Sec. 3. Privilege; Precedence
  Sec. 4. Consideration; Forms
  Sec. 5. -- Debate
  Sec. 6. Disposition of Unfinished Business
  Sec. 7. Procedure Under Home Rule Act
        Research References
          U.S. Const. art. I, Sec. 8
          4 Hinds Sec. Sec. 3304-3311
          7 Cannon Sec. Sec. 872-880
          Deschler Ch 21 Sec. 5
          Manual Sec. Sec. 135, 894, 1130(5)


  Sec. 1 . In General; Constitutional Background

                                 Generally

      Under the Constitution, the Congress is empowered to ``exercise 
  exclusive Legislation in all Cases whatsoever, over [the District of 
  Columbia].'' U.S. Const. art. I, Sec. 8. Although the Constitution 
  gives ``exclusive'' jurisdiction to the Congress over such 
  legislation, the Congress is not precluded from delegating its powers 
  over the District to a local government. The Supreme Court has 
  indicated that the ``exclusive'' jurisdiction granted was meant to 
  exclude any question of power by adjoining States over the area and 
  was not intended to prevent an appropriate delegation of legislative 
  authority to the District. District of Columbia v. John R. Thompson 
  Company, 346 U.S. 100 (1946); see also Stoutengurgh v. Hennick, 129 
  U.S. 141 (1889).

                                 Home Rule

      Pursuant to its authority under this constitutional provision, 
  Congress provided in 1970 for the people of the District to be 
  represented in the House by a Delegate and for a commission to report 
  to the Congress on the organization of the government of the District. 
  2 USC Sec. 25a. In 1973 Congress passed the District of Columbia Self-
  Government and Govern

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  mental Reorganization Act, also known as the District of Columbia Home 
  Rule Act. Pub. L. No. 93-198, 87 Stat. 774 (1973). It reorganized the 
  governmental structure of the District, provided for a charter for 
  local government, delegated certain legislative powers to the 
  District, and implemented certain recommendations of the commission. 
  That Act sets forth a procedure for congressional approval or 
  disapproval of certain actions by the District of Columbia Council. 
  Manual Sec. 1130(5).

                    District of Columbia Appropriations

      Section 446 of the District of Columbia Home Rule Act reserved to 
  Congress the authority to appropriate by law all Federal and local 
  funds for the District. As a result, general matters relating to the 
  District of Columbia are most frequently considered in the context of 
  the annual general appropriation bill for the District of Columbia, 
  albeit often in the form of legislation in violation of rule XXI 
  clause 2.


  Sec. 2 . Jurisdiction; When District Business is in Order

      All measures relating to the municipal affairs of the District, 
  with the exception of appropriation bills, fall within the 
  jurisdiction of the Committee on Government Reform. Rule X clause 
  1(h).
      Rule XV clause 4 sets apart the second and fourth Mondays in each 
  month for the consideration of District business, if claimed by the 
  committee, to be considered after the disposition of motions to 
  discharge and referral business on the Speaker's table. District of 
  Columbia business is in order on one of the designated Mondays after 
  other more privileged business, such as a motion to suspend the rules, 
  and the fact that the House has considered some District business 
  before such a motion does not affect the eligibility of further such 
  business after suspensions have been completed. Manual Sec. 894.
      District Day may be transferred to another day not specified in 
  the controlling rule either by unanimous consent or by special order 
  from the Committee on Rules. Deschler Ch 21 Sec. 5.12.


  Sec. 3 . Privilege; Precedence

      The consideration of District business on the specified days is of 
  qualified privilege only. Deschler Ch 21 Sec. 5. District business 
  yields to:

     Questions as to the privilege of the House. Deschler Ch 21 
         Sec. 5.3.
     Referral business on the Speaker's table. Manual Sec. 894; 
         Deschler Ch 21 Sec. 5.
     Conference reports. 8 Cannon Sec. 3292; Deschler Ch 21 Sec. 5.

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     A privileged resolution on the order of business from the 
         Committee on Rules. Deschler Ch 21 Sec. 5.4.
     Motions to suspend the rules (within the discretion of the 
         Speaker). Deschler Ch 21 Sec. 5.1.
     Motions to discharge. Manual Sec. 894; 7 Cannon Sec. 872.
     Motions to resolve into the Committee of the Whole for the 
         consideration of appropriation bills. 6 Cannon Sec. Sec. 716-
         718; 7 Cannon Sec. 876; Deschler Ch 21 Sec. 5.

      On a District Day a motion to go into the Committee of the Whole 
  to consider District business and a motion to go into the Committee to 
  consider business generally privileged under a special order are of 
  equal privilege, and recognition to move either is within the 
  discretion of the Chair. 7 Cannon Sec. 877.


  Sec. 4 . Consideration; Forms

                                 Procedure

      Business reported by committee relating to the District of 
  Columbia is normally taken up for consideration in the House as in the 
  Committee of the Whole. Deschler Ch 21 Sec. 5.7. If such business is 
  on the Union Calendar, it also may be considered in Committee of the 
  Whole by motion (Deschler Ch 21 Sec. 5.9), by unanimous consent 
  (Deschler Ch 21 Sec. 5.7), or by a special order (Deschler Ch 21 
  Sec. 5.15).
      The question of consideration may not be raised against District 
  business generally, but may be raised against a particular bill when 
  presented. 4 Hinds Sec. Sec. 3308, 3309.

                               Private Bills

      When reported, private bills relating to the District of Columbia 
  may be called up for consideration on a District Monday. 4 Hinds 
  Sec. 3310; 7 Cannon Sec. 873; Deschler Ch 21 Sec. 5.10. A private bill 
  also may be considered, by unanimous consent, in the House as in the 
  Committee of the Whole. Deschler Ch 29 Sec. 5.8.

                                   Form

                           Union Calendar Bills

      Member in charge: Mr. Speaker, I move that the House resolve 
    itself into the Committee of the Whole House [on the state of the 
    Union] for the [further] consideration of District of Columbia 
    business on the Calendar.

      Note: The motion to go into the Committee of the Whole is not 
  debatable, is not subject to amendment, and may

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  not be laid on the table or indefinitely postponed. See Committees of 
  the Whole.

      And pending that, I ask unanimous consent that general debate be 
    limited to __________ hours, equally divided and controlled by 
    myself and the gentleman from  __________, Mr.  __________.

      Note: General debate in the Committee of the Whole may be limited 
  and divided in the House by unanimous consent, but a motion to limit 
  such debate is not in order until after general debate has begun and 
  the Committee rises. See Consideration and Debate.

               In the House as in the Committee of the Whole

      Speaker: This is District of Columbia day. The Chair recognizes 
    the gentleman from  __________, chairman of the Committee on 
    Government Reform.
      Member: Mr. Speaker, by direction of the Committee on Government 
    Reform, I call up the bill (H.R.__________) to  
    ______________________.
      Speaker: The Clerk will report the title of the bill.
      Member (after the reading): I ask unanimous consent that the bill 
    be considered in the House as in the Committee of the Whole.


  Sec. 5 . -- Debate

      Members of the committee with jurisdiction over District of 
  Columbia business have precedence in recognition for debate during 
  consideration of District business. 7 Cannon Sec. 875. General debate 
  in the Committee of the Whole is under the hour rule unless otherwise 
  provided by the House or the Committee. 7 Cannon Sec. 874; Deschler Ch 
  21 Sec. 5.7 (note). Such debate properly alternates between those 
  favoring and those opposing the pending proposition. Debate is general 
  debate and is not confined to the bill under consideration. 7 Cannon 
  Sec. 875. Where the bill is considered in the House as in the 
  Committee of the Whole, as is usually the case by unanimous consent, 
  there is no general debate. The bill is considered as read, and debate 
  and amendments proceed immediately under the five-minute rule. See 
  Committees of the Whole.


  Sec. 6 . Disposition of Unfinished Business

      District business that is unfinished on a day assigned to the 
  committee with jurisdiction normally goes over to the next eligible 
  day for that committee. 4 Hinds Sec. 3306. Accordingly, unless the 
  previous question has been ordered, unfinished business on District 
  Day does not come again before the House until the next District Day 
  (Deschler Ch 21 Sec. 5.13), at which time it must be affirmatively 
  called up by the Member in charge (Deschler Ch

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  21 Sec. 5.14). Unfinished business on one District Day does not come 
  up on the next District Day unless called up by the committee. Manual 
  Sec. 894; 4 Hinds Sec. 3307; 7 Cannon Sec. Sec. 879, 880.


  Sec. 7 . Procedure Under Home Rule Act

      Under the District of Columbia Home Rule Act, the Congress retains 
  control over amendments to the District of Columbia Charter. An 
  amendment to the District of Columbia Charter is deemed repealed if 
  within 35 days a joint resolution disapproving such amendment is 
  enacted. Likewise, the enactments of the District of Columbia Council, 
  with certain exceptions, are deemed repealed if the Congress within a 
  specified period enacts a joint resolution of disapproval thereof. In 
  the House, such resolutions are referred to the Committee on 
  Government Reform. A privileged motion to discharge that committee is 
  authorized under certain circumstances where matters affecting the 
  District of Columbia Criminal Code are involved. The motion is 
  debatable under the hour rule. The motion is privileged if made after 
  the 20-day period specified by the Home Rule Act. District of Columbia 
  Home Rule Act, Sec. Sec. 303, 602, 604; Manual Sec. 1130(5).
      The present Home Rule Act requires that congressional disapproval 
  be expressed in a joint resolution (a concurrent resolution was 
  formerly permitted). Manual Sec. 1130(5). For a discussion of the 
  validity and constitutionality of resolutions of disapproval, see 
  Congressional Disapproval Actions.
      Disapproval resolutions are considered in the House unless the 
  enactment in question affects the U.S. Treasury, in which case they 
  are considered in the Committee of the Whole. Manual Sec. 1130(5).
      When the committee has reported the resolution, or has been 
  discharged from its consideration, it is in order to move to consider 
  the resolution. This motion is highly privileged and is not debatable 
  or amendable. Debate on the resolution is limited to not more than 10 
  hours, to be equally divided. Motions to further limit debate are 
  permitted but are themselves not debatable. The resolution is not 
  subject to amendment or recommittal. Motions to postpone or to proceed 
  to the consideration of other business are not debatable. Manual 
  Sec. 1130(5).