[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]
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, the District of Columbia Self-Government and
Governmental Reorganization Act, also known as the District of
Columbia Home Rule Act, was enacted. 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 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 that provides funding for the District,
albeit often in the form of legislation in violation of clause 2 of
rule XXI.
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 Oversight and Government Reform.
Clause 1(n) of rule X.
Clause 4 of rule XV 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 adoption of a
special order of business 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 of the privileges 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.
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 of
business 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 the 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 of business (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.
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.
Form
Union Calendar Bills
Member in charge: M_. 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 not be laid on the
table or indefinitely postponed. See Committees of the Whole.
Pending that, I ask unanimous consent that general debate be
limited to _____ hours, equally divided and controlled by myself and
the gentle___ from _____.
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 gentle___ from _____, chair of the Committee on Oversight and
Government Reform.
Member: M_. Speaker, by direction of the Committee on Oversight
and 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 class of business. 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 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 Oversight
and 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 Procedures Enacted in Law.
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. The House has, by special order, rendered this motion
inapplicable to a particular disapproval resolution. 114-1, H. Res.
231, Apr. 30, 2015, p__.
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).