House Rules Changes Affecting Floor Proceedings in the 118th Congress (2023-2024)

House Rules Changes Affecting Floor Proceedings in the 118th Congress (2023-2024)

House Rules Changes Affecting Floor
March 30, 2023
Proceedings in the 118th Congress (2023-2024) Jane A. Hudiburg
As agreed to in the House, H.Res. 5, a resolution adopting the rules of the House of
Analyst on Congress and
Representatives, provided amendments to the standing rules and separate orders that affect floor
the Legislative Process
proceedings in the 118th Congress (2023-2024). The rules package changed legislative

procedures, as well as access to the Hall of the House.

The House rules package amended clause 2(a) of Rule IX to enable any Member to offer a
privileged resolution causing a vacancy in the Office of the Speaker. The amendment struck subparagraph (3) of that rule as
adopted in the 117th Congress, which had afforded privilege only to resolutions offered at the direction of a party caucus or
conference.
H.Res. 5 made a technical amendment to clause 6(a) of Rule XV to specify an exact availability period for legislation called
up for consideration pursuant to the Calendar Wednesday procedure. Under the rule, a committee chair, or a designated
committee member, must provide notice to the House requesting that a bill or resolution be considered pursuant to the
procedure at least 72 hours in advance rather than on the “preceding legislative day.”
Amendments to the rules reduced the minimum time available for votes that follow another vote conducted electronically.
The minimum time for a vote in a series of electronic votes was changed from five minutes to two minutes.
The rules package amended clause 2(a)(14) of Rule IV to remove two positions granted floor privileges while the House is in
session. H.Res. 5 struck the provision allowing territorial governors and the mayor of the District of Columbia admittance “to
the Hall of the House or rooms leading thereto.”
The rules package also included separate orders that alter floor procedure for the duration of the 118th Congress but are not
incorporated into the standing rules of the House:
 A bill or joint resolution may not be introduced unless the sponsor submits for printing in the
Congressional Record a statement identifying the measure’s single subject.
 A Member may raise a point of order against the consideration of a special rule reported by the Committee
on Rules that waives the House requirement that amendments be germane. The presiding officer shall
dispose of the point of order by putting the “question of consideration” to the House.
 If a measure placed on the Consensus Calendar contradicts any legislative protocols announced by the
majority leader, the majority leader is directed to submit a statement to the Congressional Record that
includes “a determination with respect to such noncompliance.”
 The Speaker may designate “district work periods.” During such periods, certain “recess instructions” will
apply, and each day will not constitute a calendar and legislative day for specified procedures relating to
the War Powers Resolution, resolutions of inquiry, motions to instruct or discharge conferees, and the
Consensus Calendar.
H.Res. 5 did not re-establish the standing order in the 117th Congress rules package (H.Res. 8) that allowed proxy voting on
the House floor during pandemic-related “covered periods,” as designated by the Speaker. In the 118th Congress, Members
must be physically present in the chamber to vote.
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Contents
Introduction ..................................................................................................................................... 1
Consideration of Measures and Motions ......................................................................................... 1
Resolution Raising a “Question of the Privileges of the House” Causing a Vacancy in
the Office of the Speaker........................................................................................................ 1
Requirement with Respect to Single-Subject Legislation ......................................................... 2
Question of Consideration for Germaneness ............................................................................ 3
Determination with Respect to Placement of a Measure on the Consensus Calendar .............. 3
Modifications to Calendar Wednesday ...................................................................................... 4
Procedures During District Work Periods ................................................................................. 4
Announcement of District Work Periods ............................................................................ 4
“Recess Instructions” During District Work Periods .......................................................... 4
Calendar and Legislative Days During District Work Periods ........................................... 5
Voting .............................................................................................................................................. 6
Two-Minute Votes ..................................................................................................................... 6
Termination of Proxy Voting ..................................................................................................... 7
Hall of the House ............................................................................................................................. 7
Access to the Hall of the House ................................................................................................ 7

Contacts
Author Information .......................................................................................................................... 7

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House Rules Changes Affecting Floor Proceedings in the 118th Congress (2023-2024)

Introduction
On January 9, 2023, the House agreed to H.Res. 5, a resolution adopting the rules for the 118th
Congress (2023-2024). As is customary, the resolution provided that the rules of the prior
Congress be readopted with specific amendments. The resolution also contained several separate
orders related to House procedure.1
This report identifies selected changes to House rules that affect floor proceedings, including the
consideration of legislation and access to the House chamber.2 It discusses rules that have been
altered or eliminated and compares the rules of the 118th Congress to the standing rules and orders
in force during the 117th Congress (2021-2022).3
Consideration of Measures and Motions
Resolution Raising a “Question of the Privileges of the House”
Causing a Vacancy in the Office of the Speaker
The House rules package amended clause 2(a) of Rule IX to delete language from the rule added
in the 116th Congress (2019-2020) that restricted the ability of a Member4 to offer a privileged
resolution “raising a question of the privileges of the House” that would declare a vacancy in the
Office of the Speaker. The amendment struck subparagraph (3) of clause 2, which stated that
resolutions “causing a vacancy in the Office of Speaker shall not be privileged except if offered
by direction of a party caucus or conference.”5
Clause 2 of Rule IX concerns “questions of privilege” affecting the “rights of the House
collectively.”6 Under circumstances specified in the rule, resolutions raising valid questions of the

1 The House agrees to its standing rules as one of the first orders of business at the start of each new Congress.
Generally, as in H.Res. 5, the House agrees to many of the same rules as in the previous Congress, with amendments to
those rules and separate orders packaged as a simple House resolution and presented to the House. Separate orders have
the force and effect of rules but are not codified in the standing rules of the House. They remain in effect for the
duration of the Congress unless a subsequent resolution provides for their adjustment.
2 This report does not discuss changes related to the budget process, committee procedure, or the administration of
Congress (i.e., salaries, staff training, and membership requirements on boards and commissions). For more
information about budget process changes in the 118th Congress, see CRS Report R47384, Changes to House Rules
Affecting the Congressional Budget Process Included in H.Res. 5 (118th Congress), by James V. Saturno and Megan S.
Lynch.
3 See H.Res. 5; U.S. Congress, House, Rules of the House of Representatives, One Hundred Eighteenth Congress,
prepared by Cheryl L. Johnson, Clerk of the House of Representatives, 118th Cong., 1st sess., 2023; U.S. Congress,
House, Constitution, Jefferson’s Manual and the Rules of the House of Representatives of the United States One
Hundred Seventeenth Congress (hereinafter House Manual, 117th Congress), 116th Cong., 2nd sess., 2021 (Washington:
GPO, 2021); Charles W. Johnson, John V. Sullivan, and Thomas J. Wickham Jr., House Practice: A Guide to the
Rules, Precedents, and Procedures of the House (Washington: GPO, 2017) (hereinafter House Practice). For
information on changes to floor procedure in the 117th Congress, see CRS Report R46790, House Rules Changes
Affecting Floor Proceedings in the 117th Congress (2021-2022), by Jane A. Hudiburg.
4 In this report, the term Member includes the Delegates and the Resident Commissioner except when it pertains to
voting procedure in the House. The Delegates and the Resident Commissioner cannot vote in the House proper, but in
the 118th Congress, they can vote in the Committee of the Whole subject to an automatic revote in cases in which their
votes have been decisive.
5 House Manual, §699.
6 Rule IX, cl. 1. For more information about “questions of the privileges of the House,” see CRS Report R44005,
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privileges of the House are privileged, a designation that affords them a higher precedence for
floor consideration than non-privileged legislative motions or measures.7 These resolutions, if
reported by a committee or offered from the floor by the majority leader or the minority leader,
are to be considered at the time that they are offered.8 Other resolutions raising questions of the
privileges of the House are privileged for consideration at a time designated by the Speaker
within two legislative days after the Member announces to the House the intention to offer the
resolution.9 Under long-standing House precedents, a resolution declaring a vacancy in the Office
of the Speaker is considered to raise a valid question of privilege.
At the start of the 116th Congress (2019-2020), the House amended Rule IX to insert a new clause
2(a)(3), which provided that resolutions causing a vacancy in the Office of Speaker would
henceforth be privileged only if offered by direction of a party caucus or conference. Prior to this
amendment, any Member might have presented such a resolution on his or her own. By striking
subparagraph (3), the 118th Congress’s rules package restores the rule to its form in earlier
Congresses. That is, any Member may again offer a privileged resolution to vacate the Office of
the Speaker provided that the Member provides advance notice to the House as described in the
rule.
Requirement with Respect to Single-Subject Legislation
In a separate order, the House required that, during the 118th Congress, a bill or joint resolution
may not be introduced unless the sponsor submits for publication in the Congressional Record a
statement that identifies the “single subject” of the measure. This requirement became effective
on February 1, 2023. Prior to that date, sponsors “to the extent practicable” were to submit the
statements before “committee or House consideration.”
The Single Subject Statement is similar to the Constitutional Authority Statement, which is
required to accompany the introduction of bills and joint resolutions.10 At the time the bill or joint
resolution is introduced, the sponsor is to submit the Single Subject Statement along with the
Constitutional Authority Statement on a form prepared by the Clerk. Both statements are to be
printed in the Congressional Record and shall “be made publicly available in electronic form by
the Clerk.”11

Questions of the Privileges of the House: An Analysis, by Megan S. Lynch.
7 See CRS Report 98-315, Privileged Business on the House Floor, by James V. Saturno.
8 Resolutions concerning the Origination Clause are also afforded privilege and may be considered at the time they are
offered. The Constitution’s “Origination Clause” requires that the House originate all bills raising revenue. Members
may enforce this prerogative through the adoption of a resolution returning a Senate revenue measure to the Senate, an
action known as “blue slipping” because the resolution is printed on blue paper. U.S. Constitution, art. 1, §7, cl. 1; CRS
Report R46556, Blue-Slipping: Enforcing the Origination Clause in the House of Representatives, by James V.
Saturno.
9 Rule IX, cl. 2(a)(1).
10 Constitutional Authority Statements are required by clause 7(c) of Rule XII. Pursuant to that rule, when introducing a
bill or joint resolution, Members must cite the specific powers granted to Congress in the U.S. Constitution to enact the
legislation.
11 H.Res. 5; see House Committee on Rules, “Constitutional Authority and Single Subject Statements,”
https://rules.house.gov/rules-and-resources/constitutional-authority-and-single-subject-statements.
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Question of Consideration for Germaneness
In another separate order, the rules package establishes in the 118th Congress a “question of
consideration” for any special rule reported by the House Committee on Rules that waives points
of order related to the germaneness of amendments. Such waivers make in order amendments that
might otherwise be in violation of clause 7 of Rule XVI, which states, “No motion or proposition
on a subject different from that under consideration shall be admitted under color of
amendment.”12
In the 118th Congress, if a reported special rule waives the germaneness point of order, a Member
may make a point of order against the special rule itself. The presiding officer is to dispose of the
point of order by putting the “question of consideration” to the House. This mechanism allows the
House to debate and vote on whether to consider the special rule from the Rules Committee
notwithstanding its inclusion of a waiver of the germaneness rule. The question of consideration
is debatable for 20 minutes evenly divided between the Member making the point of order and an
opponent of the point of order. If the House agrees to the question of consideration, the special
rule is then considered.13 If the House does not agree to the question of consideration, the special
rule is not considered.
Determination with Respect to Placement of a Measure on the
Consensus Calendar
A separate order contained in H.Res. 5 directs the majority leader to submit a statement to the
Congressional Record if a measure placed on the Consensus Calendar contradicts any legislative
protocols announced by the majority leader. This statement is to include “a determination with
respect to such noncompliance” and shall be submitted “not later than 2 legislative days” after the
measure is placed on the Consensus Calendar.
The Consensus Calendar provides an alternative route to the floor for certain unreported House
bills and resolutions that enjoy broad bipartisan support. Pursuant to Rule XV, the House is to
consider at least one measure listed on the calendar during every week that it convenes, except
during the first and last weeks of a Congress.14 In order to be placed on the calendar, a House-
originated measure must (1) not have been reported by its committee of primary jurisdiction, (2)
have accumulated at least 290 cosponsors, (3) have been subject to a motion to place the measure
on the Consensus Calendar filed by the measure’s sponsor, and (4) have maintained at least 290
cosponsors for a cumulative total of 25 legislative days following the filing of the motion.15
The majority leader’s protocols provide guidance regarding the scheduling and consideration of
legislation in the House. They represent leadership priorities but are not rules of the House and
are not enforced by points of order on the floor. The 118th Congress protocols include the use of
“sunset requirements” in joint resolutions and bills, discretionary authorizations, the suspension

12 Among the considerations the presiding officer weighs when ruling on a germaneness point of order is whether the
amendment adds a new subject to the text, the fundamental purpose of the amendment, and its committee jurisdiction.
House Manual, §928; House Practice, ch. 26, pp. 543-602.
13 The question of consideration does not determine whether or not the special rule waives germaneness but whether or
not the House will consider the special rule regardless of any waivers it might contain.
14 For more information about the Consensus Calendar, see CRS Report R46485, The House Consensus Calendar:
Establishment, Principal Features, and Practice in the 116th Congress (2019-2020), by Jane A. Hudiburg.
15 See CRS Report R46485, The House Consensus Calendar: Establishment, Principal Features, and Practice in the
116th Congress (2019-2020), by Jane A. Hudiburg.
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of the rules procedure, commemorative legislation, and major amendments made in order by
special rules reported by the Committee on Rules.16
Modifications to Calendar Wednesday
H.Res. 5 made a technical change to clause 6(a) of Rule XV to require that, in order for a bill or
resolution to be considered pursuant to “Calendar Wednesday” procedure, a request must be
announced to the House “at least 72 hours in advance.” Prior to the rules change, the notice was
to occur “on the preceding legislative day.” The amendment conforms the notice period for
measures considered under the Calendar Wednesday procedure to the availability periods required
for most other committee reports, unreported bills and joint resolutions, and conference reports.17
Procedures During District Work Periods
Announcement of District Work Periods
Another separate order in H.Res. 5 granted the Speaker the power to designate “district work
periods,” which may occur when the House is not expected to conduct legislative business for an
extended period. These district work periods are informally called “recesses” and include the
annual August “recess” and certain “recesses” that may occur around national holidays.18
“Recess Instructions” During District Work Periods
The separate order also approved “recess instructions” for the duration of the 118th Congress
during such periods declared by the Speaker. In previous Congresses, the House, prior to an
extended legislative break, routinely approved recess instructions via a separate House resolution.
The 118th Congress separate order eliminates the need for the House to agree to a resolution
before each district work period.
The recess instructions provide that, in the 118th Congress, on any legislative day that occurs
during a designated district work period, the Journal of the House of Representatives, containing
the previous legislative day’s proceedings, will be considered as approved by the Speaker.19 The
chair “may at any time declare the House adjourned to meet at a date and time within the limits of

16 The majority leader provides the complete list of 118th Congress floor protocols at https://www.majorityleader.gov/
schedule/floor-protocols.htm.
17 As specified in clause 4(a) of Rule XIII, clause 11 of Rule XXI, and clause 8(a) of Rule XXII, respectively. See CRS
Report RS22015, Availability of Legislative Measures in the House of Representatives (The “72-Hour Rule”), by
Elizabeth Rybicki. For more information about the Calendar Wednesday procedure, see CRS Report RS20067, How
Measures Are Brought to the House Floor: A Brief Introduction, by Christopher M. Davis.
18 During such periods, the House is usually not in recess in the common meaning of that term. If the House and Senate
have not adopted a concurrent resolution of adjournment, each continues to hold brief pro forma sessions at least twice
a week in order to comply with the constitutional requirement that neither house of Congress “shall, without the
Consent of the other, adjourn for more than three days.... ” U.S. Constitution, art. 1, §5, cl. 4. For more information
about recesses and daily sessions of the House, see CRS Report R42977, Sessions, Adjournments, and Recesses of
Congress, by Valerie Heitshusen.
19 Thus, a demand for a vote on agreeing to the Speaker’s approval will not be order. For more information about the
House Journal and its approval by the Speaker, see CRS Report R45209, The House Journal: Origin, Purpose, and
Approval, by Jane A. Hudiburg.
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clause 4, section 5, article I of the Constitution,” and the Speaker may appoint Members to
perform the duties of the chair “as though under clause 8(a) of rule I.”20
Calendar and Legislative Days During District Work Periods
In addition, the separate order states that each day during a designated district work period will
not constitute either a calendar day or a legislative day21 for specified procedures contained in
House rules.22 These procedures are those contained in Section 7 of the War Powers Resolution
(P.L. 93-148), clause 7 of Rule XIII (resolutions of inquiry), clause 7(c)(1) of Rule XXII (motions
to instruct or discharge managers of conference committees), and clause 7 of Rule XV (the
Consensus Calendar).
War Powers Resolution
Section 5(c) of the War Powers Resolution (P.L. 93-148) contemplates that Congress, by
concurrent resolution, can direct the President to withdraw U.S. troops from foreign hostilities if
there is not a specific statutory authorization for committing the troops or a declaration of war.23
Pursuant to Section 7 of the act, any such concurrent resolution introduced shall be referred to the
House Foreign Affairs Committee,24 which shall report the resolution within 15 calendar days.25
The concurrent resolution is to become the pending business of the House when reported and
voted on within three calendar days.
The separate order states that calendar days, as they relate to the Section 7 procedures, will not be
counted during announced district work periods. Thus, in the 118th Congress, under certain
circumstances, committee and House consideration of Section 5(c) concurrent resolutions might
extend beyond the 15- and three-calendar-day deadlines described in the act.
Resolutions of Inquiry
Resolutions of inquiry are formal requests for information from the President or executive branch
departments. In the House, a Member may introduce the inquiry in the form of a simple House
resolution, which is referred to the committee of jurisdiction. If the resolution is properly drafted,
the committee is to report the resolution within 14 legislative days after its introduction.26 If they

20 Clause 8(a) of Rule I states: “The Speaker may appoint a Member to perform the duties of the Chair. Except as
specified in paragraph (b), such an appointment may not extend beyond three legislative days.” Paragraph (b) allows an
extension of up to 10 days in the case of illness; House Manual, §632.
21 A calendar day is the normal 24-hour period that comprises a day of the week. A legislative day begins when the
House meets after an adjournment and ends when the House again adjourns. Generally, in the House, a legislative day
takes place on one calendar day. However, it is possible for the House to adjourn and meet again in the same calendar
day, creating two legislative days, or have a legislative day that spans more than one calendar day. Rule XV, cl. 7(c).
22 The separate order does not affect other procedures, such as the introduction of bills and resolutions that are
otherwise in order when the House is in pro forma session during a district work period. Pro forma sessions, though
brief, are legislative days.
23 For more information about the War Powers Resolution, including questions concerning the constitutionality of
Section 5(c), see CRS Report R42699, The War Powers Resolution: Concepts and Practice, by Matthew C. Weed.
24 Or the Senate Committee on Foreign Relations, “as the case may be.” P.L. 93-148.
25 While the War Powers Resolution does not provide an explicit enforcement mechanism should the House Committee
on Foreign Affairs elect not to report the concurrent resolution within 15 calendar days, the House has interpreted the
procedure to include a privileged motion to discharge the committee in the absence of a timely report. See CRS Report
RL30599, Expedited Procedures in the House: Variations Enacted into Law, by Christopher M. Davis.
26 This 14-day period does not include the days of introduction and discharge. See CRS Report R40879, Resolutions of
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do not do so, a motion to discharge the committee from the further consideration of the resolution
is privileged.27 In the 118th Congress, legislative days, for the purposes of the 14-day committee-
reporting requirement, will not be counted during designated district work periods.
Motions to Instruct Conferees
The House and Senate may form a conference committee to resolve differences in legislative text
before agreeing to the same version of a bill, joint resolution, or concurrent resolution. In the
House, motions to instruct managers provide nonbinding guidance to House conferees, such as to
insist on a House position, to accept a Senate position, or to reach an agreement between the
House and Senate positions.28
A Member may offer a privileged motion to instruct conferees—the Representatives sent to
negotiate with the Senate on behalf of the House—or to discharge and re-appoint conferees if the
Member, on the previous calendar day, announces to the House the intention to do so and the
conference committee has been appointed for at least 45 calendar days and 25 legislative days
and has not reported. The count of days commences when both the House and Senate have
formally appointed conferees on the floor. In the 118th Congress, the count of days will pause
when the House is in an announced district work period.
Consensus Calendar
In the 118th Congress, legislative days that occur during an announced work period will not count
toward fulfilling the 25-legislative day requirement as it pertains to the Consensus Calendar
procedure. The accumulation of legislative days will resume once the designated work period is
completed.
Voting
Two-Minute Votes
H.Res. 5 amended clause 9 of Rule XX to reduce the minimum time allotted for electronic votes
that occur after another electronic vote. In an electronic vote series, votes that occur after the first
vote in the series are to remain open for “not less than two minutes” rather than for not less than
five minutes.29
Clause 2 of Rule XX states that the “minimum time for a record vote or quorum call by electronic
device shall be 15 minutes.” Notwithstanding this rule, clause 9 allows the Speaker to reduce the
minimum time for the second or subsequent electronic vote in a series “on any question that
follows another electronic vote or a report from the Committee of the Whole, if in the discretion

Inquiry: An Analysis of Their Use in the House, 1947-2017, by Christopher M. Davis.
27 If the committee reports the resolution within the 14-legislative-day time frame, the resolution may be called up only
by a Member designated by the committee. For that reason, committees may report a resolution of inquiry (favorably,
unfavorably, or without recommendation) in order to preserve control over the resolution’s consideration. See CRS
Insight IN10661, Resolutions of Inquiry in the House, by Christopher M. Davis.
28 See CRS Report 98-381, Instructing House Conferees, by Elizabeth Rybicki.
29 During a series of electronic votes, two minutes is the minimum time allowed for each vote. The maximum time for
voting is not fixed and may be extended at the discretion of the chair. See CRS Report 98-988, Voting and Quorum
Procedures in the House of Representatives, coordinated by Elizabeth Rybicki.
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of the Speaker Members would be afforded an adequate opportunity to vote.” As amended, clause
9 now allows for a two-minute minimum time for such votes and continues to require, “to the
maximum extent possible,” that notice for a reduced-time vote “be issued prior to the first
electronic vote in a series.”30
Termination of Proxy Voting
The rules package did not include a separate order authorizing proxy voting in the House or in the
Committee of the Whole during pandemic-related “covered periods,” as designated by the
Speaker.31 Initially established as a separate order in the 116th Congress (2019-2020) by H.Res.
965 and re-established in the 117th Congress (2021-2022) by H.Res. 8, proxy voting allowed a
Member who expected to be absent from the House chamber due to such an emergency to
designate another Member to vote on his or her behalf under specified circumstances.32 In the
118th Congress, Members must be physically present in the chamber to cast a vote.
Hall of the House
Access to the Hall of the House
The rules package amended clause 2(a)(14) of Rule IV to strike the provision allowing territorial
governors and the mayor of the District of Columbia admittance “to the Hall of the House or
rooms leading thereto” while the House is in session. The governors of states continue to retain
floor privileges, as do, among other positions, specified congressional officers, high-level federal
officials, and staff members under certain circumstances.33

Author Information

Jane A. Hudiburg

Analyst on Congress and the Legislative Process

30 House Manual, §1032.
31 For information about proxy voting in the 116th and 117th Congresses, see CRS Report R46790, House Rules
Changes Affecting Floor Proceedings in the 117th Congress (2021-2022), by Jane A. Hudiburg.
32 During pandemic-related “covered periods in the 116th and 117th Congresses, Members were allowed to vote by
proxy in the House proper but not in the Committee of the Whole.
33 Clause 2(a) of Rule IV specifies the positions afforded floor privileges under all or specified circumstances.
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