    [House Document 107-284]
    [From the U.S. Government Publishing Office]

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    107th Congress, 2d Session -  -  -  -  -  -  -  - House Document No. 107-284

    ____________________________________________________________________________

                                  CONSTITUTION

                               JEFFERSON'S MANUAL

                                       AND

                              RULES OF THE HOUSE OF

                                 REPRESENTATIVES

                              OF THE UNITED STATES

                           ONE HUNDRED EIGHTH CONGRESS

                               CHARLES W. JOHNSON

                                 PARLIAMENTARIAN

                         U.S. GOVERNMENT PRINTING OFFICE

     82-900                   WASHINGTON : 2003

    ________________________________________________________________________

     For sale by the Superintendent of Documents, U.S. Government Printing
                        Office Washington, DC 20402

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                              HOUSE RESOLUTION 614

                                In the House of Representatives, U.S.,
                                                        November 14, 2002.
        Resolved, That a revised edition of the Rules and Manual of the
    House of Representatives for the One Hundred Eighth Congress be printed
    as a House document, and that three thousand additional copies shall be
    printed and bound for the use of the House of Representatives, of which
    nine hundred copies shall be bound in leather with thumb index and
    delivered as may be directed by the Parliamentarian of the House.
        Attest:
                                                        Jeff Trandahl,
                                                                    Clerk.

                                      (III)
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                                  P R E F A C E

        The House Rules and Manual contains the fundamental source material
    for parliamentary procedure used in the House of Representatives: the
    Constitution of the United States; applicable provisions of Jefferson's
    Manual; Rules of the House (as of the date of this preface); provisions
    of law and resolutions having the force of Rules of the House; and
    pertinent decisions of the Speakers and other presiding officers of the
    House and Committee of the Whole interpreting the rules and other
    procedural authority used in the House of Representatives.
        The rules for the One Hundred Eighth Congress were adopted on
    January 7, 2003, when the House agreed to House Resolution 5. In
    addition to a series of changes to various standing rules, House
    Resolution 5 included separate free-standing orders constituting
    procedures to be followed in the One Hundred Eighth Congress.
    Explanations of the changes to the standing rules appear in the
    annotations following each rule in the text of this Manual.
        In the One Hundred Sixth Congress, the House adopted a
    recodification of the Rules of the House. For an explanation of the
    recodified format, see the Preface and other introductory matter for the
    House Rules and Manual for the One Hundred Sixth Congress (H. Doc. 105-
    358).
        The substantive changes in the standing rules made by House
    Resolution 5 of the 108th Congress included:
        (1) directive to the Speaker to submit to the Clerk a list of
    Members in the order in which each shall act as Speaker pro tempore in
    the case of a vacancy in the Office of Speaker until the election of a
    Speaker or a Speaker pro tempore (clause 8 of rule I);
        (2) elimination of the limit on number of terms a person may serve
    as Speaker (rule I);
        (3) authorization for the Speaker to declare an emergency recess
    subject to the call of the Chair when notified of an imminent threat to
    the safety of the House (clause 12 of rule I);
        (4) authorization for the Speaker, during any recess or adjournment
    of not more than three days and in consultation with the Minority
    Leader, to postpone the time for re

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    convening or to reconvene before the time previously appointed solely to
    declare the House in recess (each within the constitutional three-day
    limit) (clause 12 of rule I);
        (5) extension of the privileges of the floor to staff of the
    respective party leaderships when so assigned with the approval of the
    Speaker (clause 2 of rule IV);
        (6) inclusion of a member of the Committee on Rules in the
    composition of the Committee on the Budget (clause 5(a) of rule X);
        (7) elimination of the limit on the number of terms a chairman or
    ranking minority member may serve on the Committee on the Budget
    (subjecting a chairman of the committee only to the term limit
    applicable to all standing committees described in clause 5(c)(2) of
    rule X) (clause 5(a) of rule X);
        (8) elimination of the limit on the number of terms a chairman or
    ranking minority member of the Permanent Select Committee on
    Intelligence may serve on that committee (clause 11(a) of rule X);
        (9) clarification that, although the professional staff of the
    Committee on Appropriations are subject to the same rules regarding
    their duties as the professional staff of all other committees, the
    associate or shared staff of that committee are not subject to the
    review of the Committee on House Administration in connection with the
    reporting of committee expense resolutions (clause 9(b) of rule X);
        (10) authorization for committees to adopt a rule permitting the
    chairman of a committee or subcommittee to postpone a recorded vote on
    the question of approving a measure or matter or on adopting an
    amendment and to resume proceedings on a postponed question at any time
    after reasonable notice, provided that such rule permits, when
    proceedings resume on a postponed question and notwithstanding any
    intervening order for the previous question, further debate or amendment
    to the same extent as when the question was postponed (clause 2(h) of
    rule XI);
        (11) codification of free-standing directives to the Committee on
    Standards of Official Conduct originally established and twice
    reaffirmed by simple resolution (H. Res. 168, 105th Cong., Sept. 18,
    1997, p. ----, reaffirmed for the 106th Congress by sec. 2(c), H. Res.
    5, Jan. 6, 1999, p. ----, and reaffirmed for the 107th Congress with an
    exception by sec. 3(a), H. Res. 5, Jan. 3, 2001, p. ----) (clause 3 of
    rule XI);

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        (12) authority for the Speaker, when referring a matter to
    committee, to designate more than one committee as primary under
    extraordinary circumstances (clause 2(c) of rule XII);
        (13) replacement of provision authorizing a report of the Committee
    on Ways and Means on major tax legislation to include a dynamic estimate
    of the effect of such legislation on Federal revenues with a requirement
    that a report of that committee proposing to amend the Internal Revenue
    Code of 1986 include a macroeconomic impact analysis or a statement why
    such analysis is not calculable (clause 3(h) of rule XIII);
        (14) relaxation of prohibition against any personal electronic
    office equipment on the floor of the House, confining the prohibition to
    wireless telephones and personal computers (clause 5 of rule XVII);
        (15) codification of long-standing House practice that the death,
    resignation, explusion, disqualification, or removal of a Member results
    in an adjustment of the whole number of the House, which the Speaker
    shall announce to the House and which shall not be subject to appeal
    (clause 5 of rule XX);
        (16) clarification that a motion to adjourn retains its normal
    privilege and is in order during a call of the House under clause 6 of
    rule XX (clause 6 of rule XX);
        (17) expansion of the Speaker's authority to reduce the minimum time
    for electronic voting following a fifteen-minute vote to include all
    succeeding votes provided no other business intervenes and notice of
    possible five-minute voting is given (clause 9 of rule XX);
        (18) replacement of the standard for determining whether an
    amendment proposing a limitation on funds in a general appropriation
    bill violates clause 5(a) of rule XXI from a determination that the
    provision inevitability and with certainty impacts revenue collections
    or tax statuses or liabilities to a determination of a textual
    relationship between the amendment and the administration of a tax or
    tariff (clause 5(a) of rule XXI);
        (19) extension of time before further motions to instruct conferees
    may be offered from 20 calendar days to 20 calendar days but not less
    than 10 legislative days (clause 7 of rule XXII);
        (20) exemption for the practice of medicine from the prohibition
    against receiving compensation for affiliating with, or being employed
    by, an entity that provides profes

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    sional services involving a fiduciary relationship (clause 2 of rule
    XXV);
        (21) particularization of the application of the gift rule to
    perishable food, providing that the value of perishable food sent to an
    office shall be allocated among the individual recipients and not solely
    to the Member (clause 5 of rule XXV);
        (22) relaxation of the prohibition against accepting reimbursement
    for transportation and lodging expenses in connection with a charity
    event to permit such reimbursement where the net proceeds of the event
    go to a qualified charity, the expenses are paid by the charity, and the
    invitation of free attendance is issued by the charity (clause 5 of rule
    XXV); and
        (23) restoration of automatic House passage of joint resolution
    increasing the statutory limit on the public debt when the two Houses
    agree to a concurrent resolution on the budget that requires such an
    increase (rule XXVII).
        Section 4 of House Resolution 5 also established a Select Committee
    on Homeland Security with oversight and legislative jurisdiction over
    matters relating to the Homeland Security Act of 2002, which reorganized
    the Federal Government to create a new Department of Homeland Security
    (see Sec. 1112a, infra). The recently published second edition of House
    Practice took into account the creation of the new select committee but
    was finalized before the Committee on Appropriations reorganized its
    subcommittees to reflect the new department (see House Practice, ch. 4,
    Sec. 6). The Committee on Appropriations created a new subcommittee on
    Homeland Security and combined the subcommittees on Transportation and
    Treasury, Postal Service and General Government. The reorganization of
    subcommittees is in compliance with clause 5(d)(2) of rule X, which
    prohibits the Committee on Appropriation from having more than 13
    subcommittees (see Sec. 762, infra).
        Deputy Parliamentarians John Sullivan and Tom Duncan, and Assistant
    Parliamentarians Muftiah McCartin, Tom Wickham, and Ethan Lauer worked
    diligently to annotate the decisions of the Chair and other
    parliamentary precedents of the 107th and 108th Congress to date of
    publication. Gay Topper, Deborah Khalili, and Brian Cooper contributed
    their clerical skills to the preparation of this edition. All of their
    contributions, especially those of Muftiah McCartin in the preparation
    of this Manual, are gratefully acknowledged.
        Citations in this edition refer to:

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        (1) Hinds' Precedents of the House of Representatives of the United
    States (volumes I through V) and Cannon's Precedents of the House of
    Representatives of the United States (volumes VI through VIII), by
    volume and section (e.g., V, 5763; VIII, 2852);
        (2) Deschler's Precedents of the U.S. House of Representatives
    (volumes 1 through 9) and the Deschler-Brown Precedents of the U.S.
    House of Representatives (volumes 10 through 16), by volume, chapter,
    and section (e.g., Deschler, ch. 26, Sec. 79.7; Deschler-Brown, ch. 28,
    Sec. 4.26);
        (3) the Congressional Record, by date and page (e.g., Jan. 29, 1986,
    p. 684);
        (4) House Practice (2003), by chapter and section (e.g., House
    Practice, ch. 1, Sec. 2);
        (5) Deschler-Brown Procedure in the U.S. House of Representatives
    (4th edition and 1987 supplement), by chapter and section (e.g.,
    Procedure, ch. 5, Sec. 8.1);
        (6) the United States Code, by title and section (e.g., 2 U.S.C.
    287); and
        (7) the United States Reports, by volume and page (e.g., 395 U.S.
    486).
        Readers are invited to refer to the prefaces of Hinds', Cannon's,
    and Deschler's Precedents (Volumes I, VI, and 1, respectively) for
    comprehensive overviews by those editors of the procedural history of
    the House of Representatives from 1789 to 1976.
                                                        Charles W. Johnson
      July 25, 2003
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                                 C O N T E N T S

                                   __________

                                THE CONSTITUTION
                                                                        Page
    Preamble..........................................................     3
                Article I.--The legislative power.....................     4
                       II.--The executive power.......................    64
                      III.--The judicial power........................    76
                       IV.--Obligations, duties, etc., of the States..    78
                        V.--Amendments to.............................    80
                       VI.--Law of the land, etc......................    82
                      VII.--Ratification of...........................    86
                            Amendments ratified.......................    89
                               JEFFERSON'S MANUAL
                Section I.--Importance of adhering to rules...........   125
                      III.--Privilege.................................   128
                       VI.--Quorum....................................   147
                      VII.--Call of the House.........................   148
                       IX.--Speaker...................................   148
                        X.--Address...................................   151
                       XI.--Committees................................   151
                      XII.--Committee of the Whole....................   155
                     XIII.--Examination of witnesses..................   164
                      XIV.--Arrangement of business...................   169
                       XV.--Order.....................................   171
                      XVI.--Order respecting papers...................   172
                     XVII.--Order in debate...........................   172
                    XVIII.--Orders of the House.......................   194
                      XIX.--Petition..................................   198
                       XX.--Motions...................................   199
                      XXI.--Resolutions...............................   200
                    XXIII.--Bills, leave to bring in..................   202
                     XXIV.--Bills, first reading......................   203
                      XXV.--Bills, second reading.....................   203
                     XXVI.--Bills, commitment.........................   204
                    XXVII.--Report of committee.......................   215

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                                                                        Page
           Section XXVIII.--Bill, recommitment........................   216
                     XXIX.--Bills, reports taken up...................   217
                      XXX.--Quasi-committee...........................   219
                     XXXI.--Bill, second reading in the House.........   223
                    XXXII.--Reading papers............................   225
                   XXXIII.--Privileged questions......................   227
                    XXXIV.--The previous question.....................   240
                     XXXV.--Amendments................................   242
                    XXXVI.--Division of the question..................   251
                   XXXVII.--Coexisting questions......................   254
                  XXXVIII.--Equivalent questions......................   255
                    XXXIX.--The question..............................   258
                       XL.--Bills, third reading......................   258
                      XLI.--Division of the House.....................   262
                     XLII.--Titles....................................   268
                    XLIII.--Reconsideration...........................   268
                     XLIV.--Bills sent to the other House.............   271
                      XLV.--Amendments between the Houses.............   272
                     XLVI.--Conferences...............................   282
                    XLVII.--Messages..................................   295
                   XLVIII.--Assent....................................   299
                     XLIX.--Journals..................................   302
                        L.--Adjournment...............................   304
                       LI.--A session.................................   306
                      LII.--Treaties..................................   309
                     LIII.--Impeachment...............................   313
                               RULES OF THE HOUSE
                   Rule I.--The Speaker...............................   333
                       II.--Other Officers and Officials..............   353
                      III.--The Members, Delegates, and Resident
                            Commissioner of Puerto Rico...............   373
                       IV.--The Hall of the House.....................   377
                        V.--Broadcasting the House....................   384
                       VI.--Official Reporters and News Media
                            Galleries.................................   387
                      VII.--Records of the House......................   398
                     VIII.--Response to Subpoenas.....................   402
                       IX.--Questions of Privilege....................   406
                        X.--Organization of Committees................   423
                       XI.--Procedures of Committees and Unfinished
                            Business..................................   529
                      XII.--Receipt and Referral of Measures and
                            Matters...................................   588
                     XIII.--Calendars and Committee Reports...........   602
                      XIV.--Order and Priority of Business............   636
                       XV.--Business in Order on Special Days.........   647

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                                                                        Page
                 Rule XVI.--Motions and Amendments....................   667
                     XVII.--Decorum and Debate........................   718
                    XVIII.--The Committee of the Whole House on the
                            state of the Union........................   746
                      XIX.--Motions Following the Amendment Stage.....   773
                       XX.--Voting and Quorum Calls...................   789
                      XXI.--Restrictions on Certain Bills.............   813
                     XXII.--House and Senate Relations................   857
                    XXIII.--Code of Official Conduct..................   882
                     XXIV.--Limitations on Use of Official Funds......   889
                      XXV.--Limitations on Outside Earned Income and
                            Acceptance of Gifts.......................   893
                     XXVI.--Financial Disclosure......................   915
                    XXVII.--Statutory Limit on Public Debt............   939
                   XXVIII.--General Provisions........................   942
    Provisions of Legislative Reorganization Act of 1946, as Amended by the
        Legislative Reorganization Act of 1970, Applicable to Both Houses
    Congressional adjournment.........................................   947
    Preservation of committee hearings................................   948
                           Joint and Select Committees
    Economic Committee, Joint.........................................   949
    Internal Revenue Taxation, Joint Committee on.....................   949
    Library, Joint Committee of Congress on the.......................   950
    Printing, Joint Committee on......................................   950
    Inaugural Ceremonies, Joint Congressional Committee on............   950
    Select committees.................................................   951
                                  House Offices
    House Commission on Congressional Mailing Standards...............   953
    House Office Building Commission..................................   953
    General Accounting Office.........................................   953
    Office of Compliance..............................................   953
    Congressional Research Service....................................   954
    Legislative Counsel...............................................   954
    Congressional Budget Office.......................................   954
    Law Revision Counsel..............................................   954
    Technology Assessment.............................................   954
    Office of the Parliamentarian.....................................   954
    Office of Floor Assistants........................................   955
    Corrections Calendar Office.......................................   955
    House Recording Studio............................................   955

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                                                                        Page
    United States Capitol Preservation Commission.....................   955
    Office of General Counsel.........................................   955
    Office of Emergency Planning, Preparedness, and Operations........   956
    Early organization of House.......................................   957
              Miscellaneous Provisions of Congressional Budget Laws
    Congressional Budget Act of 1974..................................   963
    Budget Enforcement Act of 1990....................................  1039
          Congressional Disapproval Provisions Contained in Public Laws
    Resolutions privileged for consideration in House.................  1045
                                      Index
    Index.............................................................  1203
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                           MAJOR RULE CITATION CHANGES
    ------------------------------------------------------------------------
                                       OLD RULE through        NEW RULE
                                         105th Cong.     -------------------
              DESCRIPTION           ---------------------
                                        Rule     Clause     Rule     Clause
    ------------------------------------------------------------------------
    Postponed votes................          I      5(b)        XX         8
    Tie vote lost..................          I         6        XX      1(c)
    Lame duck travel authority.....          I         8      XXIV        10
    Broadcasting House proceedings.          I         9         V  ........
    Office of the Historian........          I        10        II         7
    Office of the General Counsel..          I        11        II         8
    Clerk..........................        III  ........        II         2
    Sergeant-at-Arms...............         IV  ........        II         3
    Chief Administrative Officer...          V  ........        II         4
    Office of the Inspector General         VI  ........        II         6
    Chaplain.......................        VII  ........        II         5
    Duties of Members..............       VIII  ........       III       1-2
    Committee on Standards of                X      4(e)        XI         3
     Official Conduct..............
    Referral.......................          X         5       XII         2
    Speaker's appointment of select          X      6(f)         I        11
     and conference committees.....
    Committee membership contingent          X      6(g)         X        10
     on party membership...........
    Committee reporting procedures.         XI  2(l)(1),      XIII         2
                                                     (2)
    Content of reports.............         XI  2(l)(3)-      XIII         3
                                                     (5)
    Availability of reports........         XI   2(l)(6)      XIII         4
    Committee travel...............         XI      2(n)         X         8
    Committee broadcast rule.......         XI         3        XI         4
    Privileged reports.............         XI         4      XIII         5
    Reports of Rules Committee.....         XI         4      XIII         6
    Expense resolutions............         XI         5         X       6-7
    Committee staff................         XI         6         X         9
    Resident Commissioner/Delegates        XII  ........       III         3
    Corrections Calendar...........       XIII         4        XV         6
    Decorum and debate.............        XIV  ........      XVII  ........
    Recognition....................        XIV         2      XVII         2
    Voting and quorum calls........         XV  ........        XX  ........

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    Dilatory motions on suspensions        XVI         8        XV         1
    Dilatory motions...............        XVI        10       XVI         1
    Previous question..............       XVII  ........       XIX         1
    Motion to recommit.............       XVII         1       XIX         2
    Reconsideration................      XVIII  ........       XIX         3
    Amendments.....................        XIX  ........       XVI         6
    Senate amendments..............         XX  ........      XXII       1-6
    Reading of bills...............        XXI         1       XVI         8
    Content of reports on                  XXI         3      XIII      3(f)
     appropriation bills...........
    Private claims.................        XXI         4       XII      2(d)
    Appropriations in legislation..        XXI      5(a)       XXI         4
    Reappropriations...............        XXI         6       XXI   2(a)(2)
    Printing of appropriations             XXI         7      XIII      4(c)
     hearings......................
    Reserving points of order on           XXI         8       XXI         1
     appropriation bills...........
    Transportation obligation              XXI         9       XXI         3
     limitations...................
    Cosponsorship..................       XXII         4       XII         7
    Resolutions of inquiry.........       XXII         5      XIII         7
    Committee of the Whole House...      XXIII  ........     XVIII  ........
    Order of business..............       XXIV  ........       XIV  ........
    Unfinished business............       XXIV         3       XIV         3
    Private Calendar...............       XXIV         6        XV         5
    Calendar Wednesday.............       XXIV         7        XV         7
    District business..............       XXIV         8        XV         4
    Priority of business...........        XXV  ........       XIV         6
    Unfinished business in                XXVI  ........        XI         6
     committee.....................
    Suspension of the rules........      XXVII       1-2        XV         1
    Discharge motions..............      XXVII         3        XV         2
    Conference reports.............     XXVIII  ........      XXII      7-12
    Secret sessions................       XXIX  ........      XVII         9
    Exhibits.......................        XXX  ........      XVII         6
    Hall of the House..............       XXXI  ........        IV         1
    Admission to the Floor.........      XXXII  ........        IV       2-5
    Admission to the galleries.....     XXXIII  ........        IV         6
    Campaign contributions on Floor      XXXII         5        IV         7
    Official Reporters and the           XXXIV  ........        VI  ........
     media.........................
    Pay of witnesses...............       XXXV  ........        XI         5
    Records of the House...........      XXXVI  ........       VII  ........

    [[Page [xvii]]]

    Withdrawal of papers...........     XXXVII  ........       VII         7
    Ballot votes...................    XXXVIII  ........        XX        11
    Messages.......................      XXXIX  ........       XII         1
    Executive communications.......         XL  ........       XII         8
    Claims against the Government..        XLI  ........       XXV         6
    General provisions.............       XLII  ........    XXVIII         1
    Code of Official Conduct.......      XLIII  ........     XXIII  ........
    Financial disclosure...........       XLIV  ........      XXVI  ........
    Unofficial office accounts.....        XLV  ........      XXIV       1-3
    Limitation on use of frank.....       XLVI  ........      XXIV       4-9
    Outside earned income..........      XLVII  ........       XXV       1-3
    Intelligence Committee.........     XLVIII  ........         X        11
    Statutory Limit on Public Debt.       XLIX  ........     XXVII  ........
    Response to subpoenas..........          L  ........      VIII  ........
    Gift rule......................         LI  ........       XXV         5
    ------------------------------------------------------------------------

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                            GENERAL ORDER OF BUSINESS
                                    Rule XIV

                  First. Prayer by Chaplain.

                  Second. Approval of Journal.

                  Third. The Pledge of Allegiance to the Flag.

                  Fourth. Correction of reference of public bills.

                  Fifth. Disposal of business on Speaker's table.

                  Sixth. Unfinished business.

                  Seventh. The morning hour for the consideration of bills.

                  Eighth. Motions to go into Committee of the Whole.

                  Ninth. Orders of the day.

                            SPECIAL ORDER OF BUSINESS
                                     Mondays

    Second and fourth Mondays:

                  Motions to discharge committees. Rule XV, clause 2.

                  District of Columbia Business. Rule XV, clause 4.

    Every Monday:

                  Motions to suspend rules. Rule XV, clause 1.

                                    Tuesdays

    First and third Tuesdays:

      Private Calendar. Rule XV, clause 5. Individual private bills
            considered on first Tuesday of each month, omnibus private bills
            may be considered on third Tuesday of each month.

    Second and fourth Tuesdays:

                  Corrections Calendar. Rule XV, clause 6.

    Every Tuesday:

                  Motions to suspend rules. Rule XV, clause 1.

                                   Wednesdays

    Call of Committees under Calendar Wednesday. Rule XV, clause 7.

    [[Page [1]]]

    ========================================================================

    [DOCID:hd284-1]
                                  CONSTITUTION

    ========================================================================

    [[Page [3]]]

                                   __________

      We the People <> of the United States, in
    Order to form a more perfect Union, establish Justice, insure domestic
    Tranquility, provide for the common defence, promote the general
    Welfare, and secure the Blessings of Liberty to ourselves and our
    Posterity, do ordain and establish this Constitution for the United
    States of America.

      The First Continental <> Congress met in Philadelphia in September of 1774 and
    adopted the Declaration and Resolves of the First Continental Congress,
    embodying rights and principles later to be incorporated into the
    Constitution of the United States. The Second Continental Congress
    adopted in November of 1777 the Articles of Confederation, which the
    States approved in July, 1778. Upon recommendation of the Continental
    Congress, a convention of State representatives met in May, 1787 to
    revise the Articles of Confederation and reported to the Continental
    Congress in September a new Constitution, which the Congress submitted
    to the States for ratification. Nine States, as required by the
    Constitution for its establishment, had ratified by June 21, 1788, and
    eleven States had ratified by July 26, 1788. The Continental Congress
    adopted a resolution on September 13, 1788, putting the new Constitution
    into effect; the First Congress of the United States convened on March
    4, 1789, and George Washington was inaugurated as the first President on
    April 30, 1789.

    [[Page [4]]]

    [DOCID:hd284-2]
                                   ARTICLE I.

      Section 1. All <> legislative Powers herein granted shall be vested in a
    Congress of the United States, which shall consist of a Senate and House
    of Representatives.

      The power to legislate includes the power to conduct inquiries and
    investigations. See Kilbourn v.  <> Thompson, 103 U.S. 168 (1881); McGrain v. Daugherty, 273
    U.S. 135 (1927); Watkins v. United States, 354 U.S. 178 (1957);
    Barenblatt v. United States, 360 U.S. 109 (1959). For the power of the
    House to punish for contempt in the course of investigations, see
    Sec. 293, infra.

    <>   Section 2. \1\ The House of Representatives shall be composed
    of Members chosen every second Year by the People of the several States,
    * * *.

      This clause requires election by the people and State authority may
    not determine a tie by lot (I, 775).
      The phrase ``by the people of the several States'' means that as
    nearly as practicable one person's vote in a congressional election is
    to be worth as much as another's. Wesberry v. Sanders, 376 U.S. 1
    (1964); Kirkpatrick v. Preisler, 385 U.S. 450 (1967). 2 U.S.C. 2a
    mandates apportionment of Representatives based upon population, and 2
    U.S.C. 2c requires the establishment by the States of single-Member
    congressional districts. For elections generally, see Deschler, ch. 8.
      The term of a <> Congress, before
    the ratification of the 20th amendment to the Constitution, began on the
    4th of March of the odd numbered years and extended through two years.
    This resulted from the action of the Continental Congress on September
    13, 1788, in declaring, on authority conferred by the Federal
    Convention, ``the first Wednesday in March next'' to be ``the time for
    commencing proceedings under the said Constitution.'' This date was the
    4th of March, 1789. Soon after the first Congress assembled a joint
    committee determined that the terms of Representatives and Senators of
    the first class commenced on that day, and must necessarily terminate
    with the 3d of March, 1791 (I, 3). Under the 20th amendment to the
    Constitution the terms of Representatives and Senators begin on the 3d
    of January of the odd-numbered years, regardless of when Congress
    actually convenes. By a practice having the force of common law, the
    House meets at noon when no other hour is fixed (I, 4, 210). In the
    later practice a

    [[Page [5]]]

    resolution fixing the daily hour of meeting at noon or some other hour
    is agreed to at the beginning of each session.
      Prior to adoption of the 20th amendment, the legislative day of March
    3 extended to noon on March 4 (V, 6694-6697) and, unless earlier
    adjourned, the Speaker could at that time declare the House adjourned
    sine die, without motion or vote, even to the point of suspending a roll
    call then in progress (V, 6715-6718).
      The Legislative Reorganization Act of 1970 (84 Stat. 1140) provides
    that unless Congress otherwise specifies the two Houses shall adjourn
    sine die not later than the last day in July. This requirement is not
    applicable, under the terms of that Act, where a state of war exists
    pursuant to a congressional declaration or where, in an odd-numbered
    (nonelection) year, the Congress has agreed to adjourn for the month
    preceding Labor Day. For more on this provision, see Sec. 1105, infra.

    <> * * * and
    the Electors in each State shall have the Qualifications requisite for
    Electors of the most numerous Branch of the State Legislature.

      The House, in the decision of an election case, has rejected votes
    cast by persons not naturalized citizens of the United States, although
    they were entitled to vote under the statutes of a State (I, 811); but
    where an act of Congress had provided that a certain class of persons
    should be deprived of citizenship, a question arose over the proposed
    rejection of their votes in a State wherein citizenship in the United
    States was not a qualification of the elector (I, 451). In an
    exceptional case the House rejected votes cast by persons lately in
    armed resistance to the Government, although by the law of the State
    they were qualified voters (I, 448); but later, the House declined to
    find persons disqualified as voters because they had formerly borne arms
    against the Government (II, 879).
      The power <> of the States to
    set qualifications for electors is not unlimited, being subject to the
    15th, 19th, 24th, and 26th amendments, and to the equal protection
    clause of the United States Constitution. Carrington v. Rash, 380 U.S.
    89 (1965); Kramer v. Union Free School District, 395 U.S. 621 (1969).
      Congress has some power in setting qualifications for electors, as in
    protecting the right to vote and lowering the minimum age for electors
    in congressional elections. Katzenbach v. Morgan, 384 U.S. 641 (1966);
    Oregon v. Mitchell, 400 U.S. 112 (1970).

    <>   \2\ No
    Person shall be a Representative who shall not have attained
    to the Age of twenty five Years, * * *.

    [[Page [6]]]

      A Member-elect not being of the required age, was not enrolled by the
    Clerk and he did not take the oath until he had reached the required age
    (I, 418).

    <> * * *
    and been seven Years a Citizen of the United States, * * *.

      Henry Ellenbogen, Pa., had not been a citizen for seven years when
    elected to the 73d Congress, nor when the term commenced on March 4,
    1933. He was sworn at the beginning of the second session on January 3,
    1934, when a citizen for seven and one-half years (see H. Rept. 1431 and
    H. Res. 370, 73d Cong.). A native of South Carolina who had been abroad
    during the Revolution and on his return had not resided in the country
    seven years, was held to be qualified as a citizen (I, 420). A woman who
    forfeited her citizenship through marriage to a foreign subject and
    later resumed it through naturalization less than seven years prior to
    her election, was held to fulfill the constitutional requirement as to
    citizenship and entitled to a seat in the House (VI, 184). A Member who
    had long been a resident of the country, but who could not produce
    either the record of the court nor his final naturalization papers, was
    nevertheless retained in his seat by the House (I, 424).

    <> * * *
    and who shall not, when elected, be an Inhabitant of that State in which
    he shall be chosen.

      The meaning of the word ``inhabitant'' and its relation to citizenship
    has been discussed (I, 366, 434; VI, 174), and the House has held that a
    mere sojourner in a State was not qualified as an inhabitant (I, 369),
    but a contestant was found to be an actual inhabitant of the State
    although for sufficient reason his family resided in another State (II,
    1091). Residence abroad in the service of the Government does not
    destroy inhabitancy as understood under the Constitution (I, 433). One
    holding an office and residing with his family for a series of years in
    the District of Columbia exclusively was held disqualified to sit as a
    Member from the State of his citizenship (I, 434); and one who had his
    business and a residence in the District of Columbia and had no business
    or residence in Virginia was held ineligible to a seat from that State
    (I, 436). One who had a home in the District of Columbia, and had
    inhabited another home in Maryland a brief period before his election,
    but had never been a citizen of any other State, was held to be
    qualified (I, 432). Also a Member who had resided a portion of a year in
    the District of Columbia, but who had a home in the State of his
    citizenship and was actually living there at the time of the election,
    was held to be qualified (I, 435). In the Updike v. Ludlow case, 71st
    Congress, it was decided that residence in the District of Colum

    [[Page [7]]]

    bia for years as a newspaper correspondent and maintenance there of
    church membership were not considered to outweigh payment of poll and
    income taxes, ownership of real estate, and a record for consistent
    voting in the district from which elected (VI, 55), and in the same case
    excuse from jury duty in the District of Columbia on a plea of
    citizenship in the State from which elected and exercise of incidental
    rights of such citizenship, were accepted as evidence of inhabitancy
    (VI, 55).
      Whether Congress <> may by law establish qualifications
    other than those prescribed by the Constitution has been the subject of
    much discussion (I, 449, 451, 457, 458, 478); but in a case wherein a
    statute declared a Senator convicted of a certain offense ``forever
    thereafter incapable of holding any office of honor, trust, or profit
    under the Government of the United States,'' the Supreme Court expressed
    the opinion that the final judgment of conviction did not operate, ipso
    facto, to vacate the seat or compel the Senate to expel or regard the
    Senator as expelled by force alone of the judgment (II, 1282). Whether
    the House or Senate alone may set up qualifications other than those of
    the Constitution has also been a subject often discussed (I, 414, 415,
    443, 457, 458, 469, 481, 484). The Senate has always declined to act on
    the supposition that it had such a power (I, 443, 483), and during the
    stress of civil war the House of Representatives declined to exercise
    the power, even under circumstances of great provocation (I, 449, 465).
    But later, in one instance, the House excluded a Member-elect on the
    principal argument that it might itself prescribe a qualification not
    specified in the Constitution (I, 477). The matter was extensively
    debated in the 90th Congress in connection with the consideration of
    resolutions relating to the seating of Representative-elect Adam C.
    Powell of New York (H. Res. 1, Jan. 10, 1967, p. 14; H. Res. 278, Mar.
    1, 1967, p. 4997).
      The exclusion of Mr. Powell was the subject of litigation reaching the
    Supreme Court of the United States. In Powell v. McCormack, 395 U.S. 486
    (1969), the Court found that the power of Congress to judge the
    qualifications of its Members was limited to an examination of the
    express qualifications stated in the Constitution.
      It has been decided by the House and Senate that no State may add to
    the qualifications prescribed by the Constitution (I, 414-416, 632); and
    the Supreme Court so ruled in U.S. Term Limits, Inc., v. Thorton, 63
    U.S.L.W. 4413 (1995). There, the Court held that States may not
    ``change, add to, or diminish'' constitutional qualifications of
    Members, striking down a State statute prohibiting three-term incumbents
    from appearing on the general election ballot. For qualifications
    generally, see Deschler, ch. 7, Sec. Sec. 9-14.
      For expulsion of seated Members, which requires a two-thirds vote
    rather than a majority vote, see article I, section 5, clause 2
    (Sec. 62, infra).

    [[Page [8]]]

      Both Houses of <> Congress have decided, when a Member-
    elect is found to be disqualified, that the person receiving the next
    highest number of votes is not entitled to the seat (I, 323, 326, 450,
    463, 469; VI, 58, 59), even in a case wherein seasonable notice of the
    disqualification was given to the electors (I, 460). In the event of the
    death of a Member-elect, the candidate receiving the next highest number
    of votes is not entitled to the seat (VI, 152).

      \3\ [Representatives and direct <> Taxes shall be
    apportioned among the several States which may be included within this
    Union, according to their respective Numbers, which shall be determined
    by adding to the whole Number of free Persons, including those bound to
    Service for a Term of Years, and excluding Indians not taxed, three
    fifths of all other Persons.] * * *

      The part of this clause relating to the mode of apportionment of
    Representatives was changed after the Civil War by section 2 of the 14th
    amendment and, as to taxes on incomes without apportionment, by the 16th
    amendment.

    * * * The actual <> Enumeration shall be made within three Years after the
    first Meeting of the Congress of the United States, and within every
    subsequent Term of ten Years, in such Manner as they shall by Law
    direct. The Number of Representatives shall not exceed one for every
    thirty Thousand, but each State shall have at Least one Representative;
    and until such enumeration shall be made, the State of New Hampshire
    shall be entitled to chuse three, Massachusetts eight, Rhode- Island and
    Providence Plantations one, Connecticut five, New York six, New Jersey
    four, Pennsylvania eight, Delaware one, Maryland

    [[Page [9]]]

    six, Virginia ten, North Carolina five, South Carolina five, and Georgia
    three.

      The census has been taken decennially since 1790, and, with the
    exception of 1920, was followed each time by reapportionment. In the
    First Congress the House had 65 Members; increased after each census,
    except that of 1840, until 435 was reached in 1913 (VI, 39, 40). The Act
    of June 18, 1929 (46 Stat. 26), as amended by the Act of November 15,
    1941 (55 Stat. 761), provides for reapportionment of the existing number
    (435) among the States following each new census (VI, 41-43; see 2
    U.S.C. 2a). Membership was temporarily increased to 436, then to 437,
    upon admission of Alaska (72 Stat. 345) and Hawaii (73 Stat. 8), but
    returned to 435 on January 3, 1963, the effective date of the
    reapportionment under the 18th Decennial census.
      Under the later but not the earlier practice, bills relating to the
    census and apportionment are not privileged for consideration (I, 305-
    308; VI, 48, VII, 889; Apr. 8, 1926, p. 7147).
      Decisions <> of the Supreme
    Court of the United States: Dred Scott v. Sandford, 19 Howard, 393;
    Veazie Bank v. Fenno, 8 Wall., 533; Scholey v. Rew, 23 Wall., 331; De
    Treville v. Smalls, 98 U.S. 517; Gibbons v. District of Columbia, 116
    U.S. 404; Pollock v. Farmers Loan & Trust Co. (Income Tax case), 157
    U.S. 429; Pollock v. Farmers' Loan & Trust Co. (Rehearing), 158 U.S.
    601; Thomas v. United States, 192 U.S. 363; Flint v. Stone Tracy Co.,
    220 U.S. 107; Corporation Tax cases, 220 U.S. 107; Eisner v. Macomber,
    252 U.S. 189; New York Trust Co. v. Eisner, 256 U.S. 345; Franklin v.
    Massachusetts, 505 U.S. 788 (1992); Utah v. Evans, 536 U.S. 452 (2002).

      \4\ When vacancies <> happen in the Representation from any State, the
    Executive Authority thereof shall issue Writs of Election to fill such
    Vacancies.

      Vacancies are caused by death, resignation, declination, withdrawal,
    or by action of the House in declaring a vacancy as existing or causing
    one by expulsion.
      It was long the <> practice to
    notify the executive of the State when a vacancy was caused by the death
    of a Member during a session (II, 1198-1202); but since improvements in
    transportation have made it possible for deceased Members to be buried
    at their homes it has been the practice for State authorities to take
    cognizance of the vacancies without notice. When a Member dies while not
    in attendance on the House or during a recess the House is sufficiently
    informed of the vacancy by the credentials of his successor, when they
    set forth the fact of the death (I, 568). The death of a Member-elect
    creates a vacancy, although no certificate may have been awarded

    [[Page [10]]]

    (I, 323), and in such a case the candidate having the next highest
    number of votes may not receive the credentials (I, 323; VI 152). A
    Member whose seat was contested dying, the House did not admit a
    claimant with credentials until contestant's claim was settled (I, 326);
    where a contestant died after a report in his favor, the House unseated
    the returned Member and declared the seat vacant (II, 965), and in a
    later case the contestant having died, the committee did not recommend
    to the House a resolution it had agreed to declaring he had not been
    elected (VI, 112). In the 93d Congress, when two Members-elect were
    passengers on a missing aircraft and were presumed dead, the Speaker
    laid before the House documentary evidence of the presumptive death of
    one Member-elect and the declaration of a vacancy by the Governor, as
    well as evidence that the status of the other Member-elect had not been
    officially determined by State authority. The House then adopted a
    privileged resolution declaring vacant the seat of the latter Member-
    elect to enable the Governor of that State to call a special election
    (Jan. 3, 1973, p. 15). For further discussion, see Sec. 23, infra.
      In recent practice <> the
    Member frequently informs the House by letter that his resignation has
    been sent to the State executive (II, 1167-1176) and this is
    satisfactory evidence of the resignation (I, 567). However, Members have
    resigned by letter to the House alone, it being presumed that the Member
    would also notify his Governor (VI, 226). Where a Member resigned by
    letter to the House the Speaker was authorized to notify the Governor
    (Nov. 27, 1944, p. 8450; July 12, 1957, p. 11536; Sept. 1, 1976, p.
    28887). Where a Member does not inform the House, the State executive
    may do so (II, 1193, 1194; VI, 232). The House has, on occasion, learned
    of a Member's resignation by means of the credentials of his successor
    (II, 1195, 1356). Where the fact of a Member's resignation has not
    appeared either from the credentials of his successor or otherwise, the
    Clerk has been ordered to make inquiry (II, 1209) or the House has
    ascertained the vacancy from information given by other Members (II,
    1208).
      It has been established that a Member or Senator may resign,
    appointing a future date for his resignation to take effect, and until
    the arrival of the date may participate in the proceedings (II, 1220-
    1225, 1228, 1229; VI, 227, 228; Dec. 15, 1997, p. ----; June 5, 2001, p.
    ----; Nov. 27, 2001, p. ----; Jan. 27, 2003, p. ----). It has been
    possible even for a Member to resign a seat in the House ``effective on
    the election of a successor'' (Deschler, ch. 8, Sec. 9.3). However, the
    State concerned must be willing to treat the prospective resignation as
    a Constitutional predicate for the issuance of a writ of election to
    fill a vacancy (see, e.g., Jan. 8, 1952, p. 14, indicating that the
    Executive of the State declined to take cognizance of a prospective
    resignation; and July 9, 1991, p. ----, Nov. 12, 1991, p. ----, and Jan.
    27, 2003, p. ----, indicating that the Executive of the State took
    cognizance of a prospective resignation). When the Governor of Oklahoma
    received a prospective resignation from one of its Members, the State
    provided by statute (enrolled Senate Bill Number 7X) for the holding of

    [[Page [11]]]

    a special election before the effective date of the resignation (Feb.
    27, 2002, p. ----).
      For the State to take cognizance of a prospective resignation, it must
    have assurances that there is no possibility of withdrawal (or
    modification). In one case a Member who had resigned was not permitted
    by the House to withdraw the resignation (II, 1213). However, the House
    has allowed withdrawal in the case of defective resignation; that is,
    where the Member had not actually transmitted the letter of resignation
    (VI, 229), or had transmitted it to an improper state official (Oct. 9,
    1997, p.----). A Member may include in a letter of prospective
    resignation a statement of intention that the resignation be
    ``irrevocable'' in order to allay any concern about the prospect of
    withdrawal (June 5, 2001, p. ----; Jan. 27, 2003, p. ----).
      Acceptance of the resignation of a Member of the House is unnecessary
    (VI, 65, 226), and the refusal of a Governor to accept a resignation
    cannot operate to continue membership in the House (VI, 65). Only in a
    single exceptional case has the House taken action in the direction of
    accepting a resignation (II, 1214). Sometimes Members who have resigned
    have been reelected to the same House and taken seats (II, 1210, 1212,
    1256; Jan. 28, 1965 and June 16, 1965, pp. 1452 and 13774; Jan. 6, 1983
    and Feb. 22, 1983, pp. 114 and 2575). A Member who has not taken his
    seat resigned (II, 1231).
      A letter of resignation is presented as privileged (II, 1167-1176);
    but a resolution to permit a Member to withdraw his resignation was not
    so treated (II, 1213). The Speaker having been elected Vice President
    and a Representative of the succeeding Congress at the same election,
    transmitted to the Governor of his State his resignation as a Member-
    elect (VI, 230, 453). A Member of the House having been nominated and
    confirmed as Vice President pursuant to the 25th amendment, submitted a
    letter of resignation as a Representative to the Governor of his State,
    and a copy of his letter of resignation was laid before the House by the
    Speaker following the completion of a joint meeting for his swearing-in
    as Vice President (Dec. 6, 1973, p. 39927). A sitting Member having been
    confirmed as Secretary of Defense, his letter of resignation was laid
    before the House prior to his taking the oath of that office (Mar. 20,
    1989, p. 4976).
      A Member who <> has been
    elected to a seat may decline to accept it, and in such a case the House
    informed the executive of the State of the vacancy (II, 1234). The House
    has decided an election contest against a returned Member who had not
    appeared to claim the seat (I, 638). In one instance a Member-elect who
    had been convicted in the courts did not appear during the term (IV,
    4484, footnote). On November 7, 1998, less than a week after his re-
    election as Representative from the 6th district of Georgia, Speaker
    Gingrich announced that he would not be a candidate for Speaker in the
    106th Congress and that he would resign his seat as a Member of the
    106th Congress. Although the letter of ``withdrawal'' was tendered on
    November 22, the

    [[Page [12]]]

    Governor did not attempt to call a special election until after the term
    began on January 3, 1999 (Jan. 6, 1999, p.----).
      At the time <> of the secession
    of several States, Members of the House from those States withdrew (II,
    1218). In the Senate, in cases of such withdrawals, the Secretary was
    directed to omit the names of the Senators from the roll (II, 1219), and
    the act of withdrawal was held to create a vacancy which the legislature
    might recognize (I, 383).
      Where the House, <> by
    its action in a question of election or otherwise, creates a vacancy,
    the Speaker is directed to notify the Executive of the State (I, 502,
    709, 824; II, 1203-1205; Mar. 1, 1967, p. 5038; Jan. 3, 1973, p. 15;
    Feb. 24, 1981, pp. 2916-18). A resolution as to such notification is
    presented as a question of privilege (III, 2589), as is a resolution
    declaring a vacancy where the Member-elect was unable to take the oath
    of office or to resign because of an incapacitating illness (Feb. 24,
    1981, pp. 2916-18).
      The House declines <> to give prima facie effect to credentials, even though they
    be regular in form, until it has ascertained whether or not the seat is
    vacant (I, 322, 518, 565, 569), and a person returned as elected at a
    second election was unseated on ascertainment that another person had
    actually been chosen at the first election (I, 646). Where a Member was
    reelected to the House, although at the time of the election he had been
    unaccounted for for several weeks following the disappearance of the
    plane on which he was a passenger, the Governor of the State from which
    he was elected transmitted his certificate to the House in the regular
    fashion. When the Member-elect was still missing at the time the new
    Congress convened, and circumstances were such that other passengers on
    the missing plane had been presumed dead following judicial inquiries in
    the State where the plane was lost, the House declared the seat vacant
    (H. Res. 1, 93d Cong., Jan. 3, 1973, p. 15). In the 108th Congress the
    House codified in clause 5 of rule XX its practice of accounting for
    vacancies (sec. 2(l), H. Res. 5, Jan. 7, 2003, p. ----).
      The term ``vacancy'' <> as occurring in this paragraph of the
    Constitution has been examined in relation to the functions of the State
    executive (I, 312, 518). A Federal law empowers the States and
    Territories to provide by law the times of elections to fill vacancies
    (I, 516; 2 U.S.C. 8); but an election called by a governor in pursuance
    of constitutional authority was held valid although no State law
    prescribed time, place, or manner of such election (I, 517). Where two
    candidates had an equal number of votes, the governor did not issue
    credentials to either, but ordered a new election after they had waived
    their respective claims (I, 555). A candidate elected for the 104th
    Congress was appointed by the Governor to fill a vacancy for the
    remainder of the 103d Congress pursuant to a State law requiring the
    Governor to appoint the candidate who won the election to

    [[Page [13]]]

    the 104th Congress. In that case the House authorized the Speaker to
    administer the oath to the Member-elect and referred the question of his
    final right to the seat in the 103d Congress to the Committee on House
    Administration (Nov. 29, 1994, pp. 29585, 29586). For a discussion of a
    State election to fill a prospective vacancy of the House, see Sec. 19.
    <>   A
    Member elected to fill a vacancy serves no longer time than the
    remainder of the term of the Member whose place he fills (I, 3). For the
    compensation and allowances of such Members, see Sec. 87, infra.

    <>   \5\
    The House of Representatives shall chuse their Speaker and other
    Officers; * * *

      The officers of the House are the Speaker, who has always been one of
    its Members and whose term as Speaker must expire with his term as a
    Member; and the Clerk, Sergeant-at-Arms, Chief Administrative Officer,
    and Chaplain (I, 187), no one of whom has ever been chosen from the
    sitting membership of the House and who continue in office until their
    successors are chosen and qualified (I, 187). In one case the officers
    continued through the entire Congress succeeding that in which they were
    elected (I, 244, 263). Former officers include Doorkeeper (abolished by
    the 104th Congress, see Sec. 663a, infra) and Postmaster (abolished
    during the 102d Congress, see Sec. 668, infra). The House formerly
    provided by special rule that the Clerk should continue in office until
    another should be chosen (I, 187, 188, 235, 244). Currently, certain
    statutes impose on the officers duties which contemplate their
    continuance (I, 14, 15; 2 U.S.C. 75a-1, 83).
      The Speaker, who <> was at
    first elected by ballot, has been chosen viva voce by surname in
    response to a call of the roll since 1839 (I, 187). The Speaker is
    elected by a majority of Members-elect voting by surname, a quorum being
    present (I, 216; VI, 24; Jan. 7, 1997, p. 117). The Clerk appoints
    tellers for this election (I, 217). Ultimately, the House, and not the
    Clerk, decides by what method it shall elect the Speaker (I, 210). On
    two occasions, by special rules, Speakers were chosen by a plurality of
    votes; but in each case the House by majority vote adopted a resolution
    declaring the result (I, 221, 222). The House has declined to choose a
    Speaker by lot (I, 221).
      The motion to proceed to the election of a Speaker is privileged (I,
    212, 214; VIII, 3883), and debatable unless the previous question is
    ordered (I, 213). Relying on the Act of June 1, 1789 (2 U.S.C. 25), the
    Clerk recognized for nominations for Speaker as being of higher
    constitutional privilege than a resolution to postpone the election of a
    Speaker and instead provide for the election of a Speaker pro tempore
    pending the disposition of certain ethics charges against the nominee of
    the majority party (Jan. 7, 1997, p. 115). On several occasions the
    choice of a Speaker has been delayed for several weeks by contests (I,
    222; V, 5356, 6647, 6649; VI,

    [[Page [14]]]

    24). The contest over the election of a Speaker in 1923 was resolved
    after a procedure for the adoption of rules for the 68th Congress had
    been presented (VI, 24). In 1860 the voting for Speaker proceeded
    slowly, being interspersed with debate (I, 223), and in one instance the
    House asked candidates for Speaker to state their views before
    proceeding to election (I, 218).
      A proposition <> to elect a Speaker is in order at any time a vacancy exists
    and presents a question of the highest privilege (VIII, 3383). Upon a
    vacancy in the Office of Speaker, the House elects a new Speaker either
    viva voce following nominations (in the case where a Speaker has died
    between sessions of Congress or resigned) or by resolution (in the case
    where a Speaker has died during a session of Congress). For example, in
    the case where the Speaker had died between sessions of Congress, the
    Clerk at the next session called the House to order, ascertained the
    presence of a quorum, and then the House proceeded to elect a successor
    viva voce following nominations (I, 234; Jan. 10, 1962, p. 5). In a case
    where the Speaker died during a session of Congress, but not while the
    House was sitting, the Clerk on the following day called the House to
    order and the Speaker's successor was elected by resolution (June 4,
    1936, p. 9016; Sept. 16, 1940, p. 12231). In a case where the Speaker
    resigned ``on the election of my successor'' (May 31, 1989, p. 10440),
    he entertained nominations for Speaker and, following the roll call,
    declared the winner of the election ``duly elected Speaker'' (June 6,
    1989, p. 10801). In one instance a Speaker resigned on the last day of
    the Congress, and the House unanimously adopted a motion to elect a
    successor for the day (I, 225).
      Form of resolution offered on death of a Speaker (Sept. 16, 1940, p.
    12232; Jan. 10, 1962, p. 9) and of a former Speaker (VIII, 3564; Mar. 7,
    1968, p. 5742; H. Res. 328, Jan. 25, 1994, p. 89; H. Res. 418, Feb. 8,
    2000, p. ----). A resolution declaring vacant the Office of Speaker is
    presented as a matter of high constitutional privilege (VI, 35).
    Speakers have resigned by rising in their place and addressing the House
    (I, 231, 233), by calling a Member to the Chair and tendering the
    resignation verbally from the floor (I, 225), by tendering the
    resignation during recognition under a question of personal privilege
    (May 31, 1989, p. 10440), or by sending a letter which the Clerk reads
    to the House at the beginning of a new session (I, 232). When the
    Speaker resigns no action of the House excusing him from service is
    taken (I, 232). Instance wherein the Speaker, following a vote upon an
    essential question indicating a change in the party control of the
    House, announced that under the circumstances it was incumbent upon the
    Speaker to resign or to recognize for a motion declaring vacant the
    Office of Speaker (VI, 35). In the 108th Congress the House adopted
    clause 8(b)(3) of rule I, under which the Speaker is required to deliver
    to the Clerk a list of Members in the order in which each shall act as
    Speaker pro tempore in the case of a vacancy in the Office of Speaker

    [[Page [15]]]

    (sec. 2(a), H. Res. 5, Jan. 7, 2003, p. ----). The Speaker delivered to
    the Clerk the first such letter on February 10, 2003 (Mar. 13, 2003, p.
    ----).
    <>   The effect of a law to regulate the action of the House in
    choosing its own officers has been discussed (IV, 3819), and such a law
    has been considered of doubtful validity (V, 6765, 6766) in theory and
    practice (I, 241, 242). The Legislative Reorganization Act of 1946 (2
    U.S.C. 75a-1) authorizes the Speaker to fill temporary vacancies in the
    offices of Clerk, Sergeant-at-Arms, Chief Administrative Officer, and
    Chaplain. For a history of the Speaker's exercise of such authority, see
    Sec. 640, infra;  and, for further information on the elections of
    officers, see Deschler, ch. 6.
      The Office of <> Clerk becoming vacant, it was held that the House would not
    be organized for business until a Clerk should be elected (I, 237); but
    in another instance some business intervened before a Clerk was elected
    (I, 239). At the time of organization, while the Clerk of the preceding
    House was yet officiating, and after the Speaker had been elected, the
    House proceeded to legislation and other business before electing a
    Clerk (I, 242, 244). But in one case it was held that the Act of June 1,
    1789 (2 U.S.C. 25) bound the House to elect the Clerk before proceeding
    to business (I, 241).

    <> * * * and
    [the House of Representatives] shall have the sole Power of Impeachment.

      In 1868 the Senate ceased in its rules to describe the House, acting
    in an impeachment, as the ``grand inquest of the nation'' (III, 2126).
    See also art. II, sec. 4 (Sec. 173, infra); Deschler, ch. 14.
      A Federal court having subpoenaed certain evidence gathered by a
    committee of the House in an impeachment inquiry, the House adopted a
    resolution granting such limited access to the evidence as would not
    infringe upon its sole power of impeachment (Aug. 22, 1974, p. 30047).
      Until the law expired on June 30, 1999, an independent counsel was
    required to advise the House of any substantial and credible information
    that may constitute grounds for impeachment of an officer under his
    investigation (28 U.S.C. 595(c)). For a description of impeachment
    proceedings prompted by a communication from an independent counsel, see
    Sec. 176, infra.

      Section 3. \1\ [The Senate <> of the United States shall be composed of two Senators
    from each State, chosen by the Legislature thereof, for six Years; and
    each Senator shall have one Vote.]

    [[Page [16]]]

      This provision has now been changed by the 17th amendment to the
    Constitution.

      \2\ Immediately <> after they shall be assembled in Consequence of the first
    Election, they shall be divided as equally as may be into three Classes.
    The Seats of the Senators of the first Class shall be vacated at the
    Expiration of the second Year, of the second Class at the Expiration of
    the fourth Year, and of the third Class at the Expiration of
    the <> sixth Year,
    so that one-third may be chosen every second Year; [and if Vacancies
    happen by Resignation, or otherwise, during the Recess of the
    Legislature of any State, the Executive thereof may make temporary
    Appointments until the next Meeting of the Legislature, which shall then
    fill such Vacancies.]

      That part of the above paragraph in brackets was changed by the 17th
    amendment.

      \3\ No Person <> shall be
    a Senator who shall not have attained to the Age of thirty Years, and
    been nine Years a Citizen of the United States, and who shall not, when
    elected, be an Inhabitant of that State for which he shall be chosen.

      In 1794 the Senate decided that Albert Gallatin was disqualified, not
    having been a citizen nine years although he had served in the war of
    Independence and was a resident of the country when the Constitution was
    formed (I, 428); and in 1849 that James Shields was disqualified, not
    having been a citizen for the required time (I, 429). But in 1870 the
    Senate declined to examine as to H. R. Revels, a citizen under the
    recently adopted 14th amendment (I, 430). As to inhabitancy the Senate
    seated one who, being a citizen of the United States, had been an
    inhabitant of the State from which he was appointed for less than a year
    (I, 437). Also one who, while stationed in a State as an army officer
    had declared his intention

    [[Page [17]]]

    of making his home in the State, was admitted by the Senate (I, 438). A
    Senator who at the time of his election was actually residing in the
    District of Columbia as an officeholder, but who voted in his old home
    and had no intent of making the District his domicile, was held to be
    qualified (I, 439).

      \4\ The Vice <> President of the United States shall be President of the Senate,
    but shall have no Vote, unless they be equally divided.

      The right of the Vice President to vote has been construed to extend
    to questions relating to the organization of the Senate (V, 5975), as
    the election of officers of the Senate (V, 5972-5974), or a decision on
    the title of a claimant to a seat (V, 5976, 5977). The Senate has
    declined to make a rule relating to the vote of the Vice President (V,
    5974).

    <>   \5\ The Senate shall chuse their other Officers, and
    also a President pro tempore, in the Absence of the Vice President, or
    when he shall exercise the Office of President of the United States.

      In the 107th Congress the Senate elected two Presidents of the Senate
    pro tempore for different periods when the majority of the Senate
    shifted after inauguration of the Vice President (S. Res. 3, Jan. 3,
    2001, p. ----).

    -  \6\ The Senate <> shall have the sole Power to try all Impeachments.
    When sitting for that Purpose, they shall be on Oath or Affirmation.
    When the President of the United States is tried, the Chief Justice
    shall preside: And no Person shall be convicted without the Concurrence
    of two thirds of the Members present.

      For the exclusive power of the Senate to try impeachments under the
    United States Constitution, see Ritter v. United States, 84 Ct. Cls. 293
    (1936), cert. denied, 300 U.S. 668 (1937). See also Mississippi v.
    Johnson, 71 U.S. (4 Wall.) 475 (1867) (dictum). For the
    nonjusticiability of a claim that Senate Rule XI violates the
    impeachment trial clause by delegating to a committee of 12 Senators the
    responsibility to receive evidence, hear testimony, and report to the
    Senate thereon, see Nixon v. United States,

    [[Page [18]]]

    506 U.S. 224 (1993). For a discussion of Senate impeachment procedures,
    see Sec. Sec. 608-20, infra.

      \7\ Judgment in <> Cases of Impeachment shall not extend further than to
    removal from Office, and disqualification to hold and enjoy any Office
    of honor, Trust or Profit under the United States: but the Party
    convicted shall nevertheless be liable and subject to Indictment, Trial,
    Judgment and Punishment, according to Law.

      There has been discussion as to whether or not the Constitution
    requires both removal and disqualification on conviction (III, 2397);
    but in the case of Pickering, the Senate decreed only removal (III,
    2341). In the case of Humphreys, judgment of both removal and
    disqualification was pronounced (III, 2397). In the Ritter case, it was
    first held that upon conviction of the respondent, judgment of removal
    required no vote, following automatically from conviction under article
    II, section 4 (Apr. 17, 1936, p. 5607). In the 99th Congress, having
    tried to conviction the first impeachment case against a Federal
    district judge since 1936, the Senate ordered his removal from office
    (Oct. 9, 1986, p. 29870). In the 101st Congress, two other Federal
    district judges were removed from office following their convictions in
    the Senate (Oct. 20, 1989, p. 25335; Nov. 3, 1989, p. 27101). For a
    further discussion of judgments in cases of impeachment, see Sec. 619,
    infra.

      Section 4. \1\ The Times, <> Places and Manner of
    holding Elections for Senators and Representatives, shall be prescribed
    in each State by the Legislature thereof; but the Congress may at any
    time by Law make or alter such Regulations, except as to the places of
    chusing Senators.

      The relative powers of the Congress and the States under this graph
    have been the subject of much discussion (I, 311, 313, 507, footnote);
    but Congress has in fact fixed by law the time of elections (I, 508; VI,
    66; 2 U.S.C. 7), and has controlled the manner to the extent of
    prescribing a ballot or voting machine (II, 961; VI, 150; 2 U.S.C. 9).
    When a State delegated to a municipality the power to regulate the
    manner of holding

    [[Page [19]]]

    an election, a question arose (II, 975). A question has arisen as to
    whether or not a State, in the absence of action by Congress, might make
    the time of election of Congressmen contingent on the time of the State
    election (I, 522). This paragraph gives Congress the power to protect
    the right to vote in primaries where they are an integral part of the
    election process. United States v. Wurzbach, 280 U.S. 396 (1930); United
    States v. Classic, 313 U.S. 299 (1941). Congress may legislate under
    this paragraph to protect the exercise of the franchise in congressional
    elections. Ex parte Siebolt, 100 U.S. 371 (1880); Ex parte Yarbrough,
    110 U.S. 651 (1884).
      The meaning of <> the word ``legislature'' in this
    clause of the Constitution has been the subject of discussion (II, 856),
    as to whether or not it means a constitutional convention as well as a
    legislature in the commonly accepted meaning of the word (I, 524). The
    House has sworn in Members chosen at an election the time, etc., of
    which was fixed by the schedule of a constitution adopted on that
    election day (I, 519, 520, 522). But the House held that where a
    legislature has been in existence a constitutional convention might not
    exercise the power (I, 363, 367). It has been argued generally that the
    legislature derives the power herein discussed from the Federal and not
    the State Constitution (II, 856, 947), and therefore that the State
    constitution might not in this respect control the State legislature
    (II, 1133). The House has sustained this view by its action (I, 525).
    But where the State constitution fixed a date for an election and the
    legislature had not acted, although it had the opportunity, the House
    held the election valid (II, 846).
      Decisions <> of the Supreme
    Court of the United States: Ex parte Siebold, 100 U.S. 371 (1880); Ex
    parte Clark, 100 U.S. 399 (1880); Ex parte Yarbrough, 110 U.S. 651
    (1884); In re Coy, 127 U.S. 731 (1888); Ohio v. Hildebrant, 241 U.S. 565
    (1916); United States v. Mosley, 238 U.S. 383 (1915); United States  v.
    Gradwell, 243 U.S. 476 (1917); Newberry v. United States, 256 U.S. 232
    (1921); Smiley v. Holme, 285 U.S. 355 (1932); United States v. Classic,
    313 U.S. 299 (1941); Smith v. Allwright, 321 U.S. 649 (1944); Roudebush
    v. Hartke, 405 U.S. 15 (1972); Storer v. Brown, 415 U.S. 724 (1974);
    Buckley v. Valeo, 424 U.S. 1 (1976); U.S. Term Limits, Inc., v. Thorton,
    514 U.S. 779 (1995); and Foster v. Love, 522 U.S. 67 (1997). In Public
    Law 91-285, Congress lowered the minimum age of voters in all Federal,
    State, and local elections from 21 to 18 years. In Oregon v. Mitchell,
    400 U.S. 112 (1970), the Supreme Court upheld the power of Congress
    under article I, section 4 and under section 5 of the 14th amendment to
    the Constitution to fix the age of voters in Federal elections, but held
    that the tenth amendment to the Constitution reserved to the States the
    power to establish voter age qualifications in State and local
    elections. The 26th amendment to the Constitution extended the right of
    persons 18 years of age or older to vote in elections held under State
    authority.

    [[Page [20]]]

      \2\ [The Congress <> shall
    assemble at least once in every Year, and such Meeting shall be on the
    first Monday in December, unless they shall by Law appoint a different
    Day.]

      This provision of the Constitution has been superseded by the 20th
    amendment.
      In the later but not the earlier practice (I, 5), prior to the 20th
    amendment, the fact that Congress had met once within the year did not
    make uncertain the constitutional mandate to meet on the first Monday of
    December (I, 6, 9-11). Early Congresses, convened either by proclamation
    or law on a day earlier than the constitutional day, remained in
    continuous session to a time beyond that day (I, 6, 9-11). But in the
    later view an existing session ends with the day appointed by the
    Constitution for the regular annual session (II, 1160); see Sec. 84,
    infra. Congress has frequently appointed by law a day for the meeting
    (I, 4, 5, 10-12, footnote; see also Sec. 243, infra).

      Section 5. \1\ Each <> House shall be the Judge of the
    Elections, Returns and Qualifications of its own Members, * * *.

      In judging the qualifications of its Members, the House may not add
    qualifications to those expressly stated in the United States
    Constitution. Powell v. McCormack, 395 U.S. 486 (1969). This phrase
    allows the House or Senate to deny the right to a seat without
    unlawfully depriving a State of its right to equal representation. Barry
    v. United States ex rel Cunningham, 279 U.S. 597 (1929). But a State may
    conduct a recount of votes without interfering with the authority of the
    House under this phrase. Roudebush v. Hartke, 405 U.S. 15 (1972). For
    discussion of the power of the House to judge elections, see Deschler,
    ch. 8 (elections) and ch. 9 (election contests); for discussion of the
    power of the House to judge qualifications, see Deschler, ch. 7.
      The House has the same authority to determine the right of a Delegate
    to his seat that it has in the case of a Member (I, 423). The House may
    not delegate the duty of judging its elections to another tribunal (I,
    608), and the courts of a State have nothing to do with it (II, 959).
    The House has once examined the relations of this power to the power to
    expel (I, 469).
      As nearly all <> the laws governing the elections of
    Representatives in Congress are State laws, questions have often arisen
    as to the relation of this power of judging to those laws (I, 637). The
    House decided very early that the certificate of a State executive
    issued in strict accordance

    [[Page [21]]]

    with State law does not prevent examination of the votes by the House
    and a reversal of the return (I, 637). The House has also held that it
    is not confined to the conclusions of returns made up in strict
    conformity to State law, but may examine the votes and correct the
    returns (I, 774); and the fact that a State law gives canvassers the
    right to reject votes for fraud and irregularities does not preclude the
    House from going behind the returns (II, 887). The highest court in one
    State (Colorado) has ruled that it lacked jurisdiction to pass upon a
    candidate's allegations of irregularities in a primary election and that
    the House had exclusive jurisdiction to decide such questions and to
    declare the rightful nominee (Sept. 23, 1970, p. 33320).
      When the question <> concerns not the acts of returning
    officers, but the act of the voter in giving his vote, the House has
    found more difficulty in determining on the proper exercise of its
    constitutional power. While the House has always acted on the principle
    of giving expression to the intent of the voter (I, 575, 639, 641; II,
    1090), yet it has held that a mandatory State law, even though
    arbitrary, may cause the rejection of a ballot on which the intent of
    the voter is plain (II, 1009, 1056, 1077, 1078, 1091). See Deschler, ch.
    8, Sec. 8.11, for discussion of distinction between directory State laws
    governing the conduct of election officials as to ballots, and mandatory
    laws regulating the conduct of voters.
      Where the State <> courts have upheld a State election
    law as constitutional the House does not ordinarily question the law
    (II, 856, 1071). But where there has been no such decision the House, in
    determining its election cases, has passed on the validity of State laws
    under State constitutions (II, 1011, 1134), and has acted on its
    decision that they were unconstitutional (II, 1075, 1126), but it is not
    the policy of the House to pass upon the validity of State election laws
    alleged to be in conflict with the State constitution (VI, 151).
      The courts of <> a State have nothing to do directly
    with judging the elections, qualifications, and returns of
    Representatives in Congress (II, 959), but where the highest State court
    has interpreted the State law the House has concluded that it should
    generally be governed by this interpretation (I, 645, 731; II, 1041,
    1048), but does not consider itself bound by such interpretations (VI,
    58). The House is not bound, however, by a decision on an analogous but
    not the identical question in issue (II, 909); and where the alleged
    fraud of election judges was in issue, the acquittal of those judges in
    the courts was held not to be an adjudication binding on the House (II,
    1019). For a recent illustration of a protracted election dispute
    lasting four months see House Report 99-58, culminating in House
    Resolution 146 of the 99th Congress (May 1, 1985, p. 9998).

    [[Page [22]]]

      The statutes of <> the United States
    provide specific methods for institution of a contest as to the title to
    a seat in the House (I, 678, 697-706) (2 U.S.C. 381); but the House
    regards this law as not of absolute binding force, but rather a
    wholesome rule not to be departed from except for cause (I, 597, 719,
    825, 833), and it sometimes by resolution modifies the procedure
    prescribed by the law (I, 449, 600).
      Decisions <> of the Supreme
    Court of the United States: In re Loney, 134 U.S. 317 (1890); Reed v.
    County Commissioners, 277 U.S. 376 (1928); Barry v. United States ex
    rel. Cunningham, 279 U.S. 597 (1929); Roudebush v. Hartke, 405 U.S. 15
    (1972).

      * * * and a <> Majority of each [House]
    shall constitute a Quorum to do Business; but a smaller Number may
    adjourn from day to day, and may be authorized to compel the Attendance
    of absent Members, in such Manner, and under such Penalties as each
    House may provide.

      Out of conditions <> arising between 1861 and 1891 the
    rule was established that a majority of the Members chosen and living
    constituted the quorum required by the Constitution (IV, 2885-2888); but
    later examination has resulted in a decision confirming in the House of
    Representatives the construction established in the Senate that a quorum
    consists of a majority of Senators duly chosen and sworn (I, 630; IV,
    2891-2894). So the decision of the House now is that after the House is
    once organized the quorum consists of a majority of those Members
    chosen, sworn, and living whose membership has not been terminated by
    resignation or by the action of the House (IV, 2889, 2890; VI, 638).
    Under clause 5(c) of rule XX, upon the death, resignation, expulsion,
    disqualification, or removal of a Member, the Speaker announces any
    adjustment to the whole number of the House. Such an announcement is not
    subject to appeal (see Sec. 1024a, infra).
      For many years <> a quorum was determined only by noting the
    number of Members voting (IV, 2896, 2897), with the result that Members
    by refusing to vote could often break a quorum and obstruct the public
    business (II, 1034; IV, 2895, footnote; V, 5744). However, in 1890
    Speaker Reed directed the Clerk to enter on the Journal as part of the
    record of a yea-and-nay vote names of Members present but not voting,
    thereby establishing a quorum of record (IV, 2895). This decision, which
    was upheld by the Supreme Court (IV, 2904; United States v. Ballin,

    [[Page [23]]]

    144 U.S. 1 (1892)), established the principle that a quorum present made
    valid any action by the House, although an actual quorum might not vote
    (I, 216, footnote; IV, 2932). Thenceforth the point of order as to a
    quorum was required to be that no quorum was present and not that no
    quorum had voted (IV, 2917). At the time of the establishment of this
    principle the Speaker revived the count by the Chair as a method of
    determining the presence of a quorum at a time when no record vote was
    ordered (IV, 2909). The Speaker has permitted his count of a quorum to
    be verified by tellers (IV, 2888), but has not conceded it as a right of
    the House to have tellers under the circumstances (IV, 2916; VI, 647-
    651; VIII, 2369, 2436), claiming that the Chair might determine the
    presence of a quorum in such manner as he should deem accurate and
    suitable (IV, 2932). The Chair counts all Members in sight, whether in
    the cloak rooms, or within the bar (IV, 2970; VIII, 3120). Later, as the
    complement to the new view of the quorum, the early theory that the
    presence of a quorum was as necessary during debate or other business as
    on a vote was revived (IV, 2935-2949). Also, a line of rulings made
    under the old theory was overruled; and it was established that the
    point of no quorum might be made after the House had declined to verify
    a division by tellers or the yeas and nays (IV, 2918-2926). For a
    discussion of the Ballin decision and the Chair's count to determine a
    quorum, see House Practice, ch. 43, Sec. 5.
      The absence of <> a quorum having been disclosed, there must be a quorum of
    record before the House may proceed to business (IV, 2952, 2953; VI,
    624, 660, 662), and the point of no quorum may not be withdrawn even by
    unanimous consent after the absence of a quorum has been ascertained and
    announced by the Chair (IV, 2928-2931; VI, 657; Apr. 13, 1978, p. 10119;
    Sept. 25, 1984, p. 26778). But when an action has been completed, it is
    too late to make the point of order that a quorum was not present when
    it was done (IV, 2927; VI, 655). But where action requiring a quorum was
    taken in the ascertained absence of a quorum by ruling of a Speaker pro
    tempore, the Speaker on the next day ruled that the action was null and
    void (IV, 2964; see also VIII, 3161). But such absence of a quorum
    should appear from the Journal if a legislative act is to be vacated for
    such reason (IV, 2962), and where the assumption that a quorum was
    present when the House acted was uncontradicted by the Journal, it was
    held that this assumption might not be overthrown by expressions of
    opinion by Members individually (IV, 2961).
      Major revisions in the House rules concerning the necessity and
    establishment of a quorum occurred in the 94th, 95th, and 96th
    Congresses. Under the practice in the 93d Congress, for example, a point
    of no quorum would prevent the report of the Chairman of a Committee of
    the Whole (VI, 666); but in the 93d Congress former clause 6 of rule XV
    (current clause 7 of rule XX) was adopted to provide that after the
    presence of a quorum is once ascertained on any day, a point of no
    quorum could not be entertained after the Committee had risen and
    pending the report of

    [[Page [24]]]

    the Chairman to the House (see Sec. 1027, infra). Clause 7 of rule XX
    now specifically precludes a point of no quorum unless a question has
    been put to a vote. However, the Speaker retains the right to recognize
    a Member to move a call of the House at any time (but may, under clause
    7(c) of rule XX recognize for a call of the House after the previous
    question has been ordered only when the Speaker determines by actual
    count that a quorum is not present). A point of order of no quorum
    during debate only in the House does not lie independently under this
    clause of the Constitution since former clause 6 of rule XV (current
    clause 7 of rule XX) is a proper exercise of the House's constitutional
    rulemaking authority which can be interpreted consistently with the
    requirement that a quorum be present to conduct business (as opposed to
    mere debate) (Sept. 8, 1977, p. 28114; Sept. 12, 1977, p. 28800).
      Before these recent changes to former rule XV (current rule XX), a
    quorum was required at all times during the reading of the Journal (IV,
    2732, 2733; VI, 625, 629) or messages from the President or the Senate
    (IV, 3522; VI 6600, 6650; VIII 3339); but the modern practice would
    require the presence of a quorum only when the question is put on a
    pending motion or proposition in the House such as on a motion incident
    to the reading, amendment, or approval of the Journal or on the referral
    or other disposition of other papers read to the House. A point of no
    quorum no longer lies during debate in the House. The practice in the
    Committee of the Whole is now governed by clause 6 of rule XVIII. No
    motion is in order on the failure of a quorum but the motions to adjourn
    and for a call of the House (IV, 2950; VI, 680) and the motion to
    adjourn has precedence over the motion for a call of the House (VIII,
    2642). A call of the House is in order under the Constitution before the
    adoption of the rules (IV, 2981). Those present on a call of the House
    may prescribe a fine as a condition on which an arrested Member may be
    discharged (IV, 3013, 3014), but this is rarely done. A quorum is not
    required on motions incidental to a call of the House (IV, 2994; VI,
    681; Oct. 8, 1940, p. 13403; and Oct. 8, 1968, p. 30090). The House may
    adjourn sine die in the absence of a quorum where both Houses have
    already adopted a concurrent resolution providing for a sine die
    adjournment on that day (Oct. 18, 1972, p. 37200).
      At the time <> of organization the two Houses inform one another of the
    appearance of the quorum in each, and the two Houses jointly inform the
    President (I, 198-203). A message from one House that its quorum has
    appeared is not delivered in the other until a quorum has appeared there
    also (I, 126). But at the beginning of a second session of a Congress
    the House proceeded to business, although a quorum had not appeared in
    the Senate (I, 126). At the beginning of a second session of a Congress
    unsworn Members-elect were taken into account in ascertaining the
    presence of a quorum (I, 175); however, at the beginning of the second
    session of the 87th Congress, the Clerk called the House

    [[Page [25]]]

    to order, announced the death of Speaker Rayburn during the sine die
    adjournment, and did not call unsworn Members-elect or Members who had
    resigned during the hiatus to establish a quorum or elect a new Speaker
    (Jan. 10, 1962, p. 5). In both Houses the oath has been administered to
    Members-elect in the absence of a quorum (I, 174, 181, 182; VI, 22),
    although in one case the Speaker objected to such proceedings (II, 875).
    Prayer by the Chaplain is not business requiring the presence of a
    quorum and the Speaker declines to entertain a point of no quorum before
    prayer is offered (VI, 663; clause 7 of rule XX).
      Decisions <> of the Supreme
    Court of the United States: Kilbourn v. Thompson, 103 U.S. 190 (1881);
    United States v. Ballin, 144 U.S. 1 (1892); Burton v. United States, 202
    U.S. 344 (1906).

    <>   \2\ Each House may
    determine the Rules of its Proceedings, * * *

      The power of <> each House of Representatives to make its own rules may
    not be impaired or controlled by the rules of a preceding House (I, 187,
    210; V, 6002, 6743-6747), or by a law passed by a prior Congress (I, 82,
    245; IV, 3298, 3579; V, 6765, 6766). The House in adopting its rules
    may, however, incorporate by reference as a part thereof all applicable
    provisions of law which constituted the rules of the House at the end of
    the preceding Congress (H. Res. 5, 95th Cong., Jan. 4, 1977, pp. 53-70)
    and has also incorporated provisions of concurrent resolutions which
    were intended to remain applicable under the Budget Act (H. Res. 5,
    107th Cong., Jan. 3, 2001, p. ----). The House twice reaffirmed free-
    standing directives to the Committee on Standards of Official Conduct
    contained in a simple House resolution (H. Res. 168, 105th Cong., p. --
    --, reaffirmed for the 106th Congress by sec. 2(c), H. Res. 5, Jan. 6,
    1999, p. ----, and reaffirmed for the 107th Congress with an exception
    by sec. 3(a), H. Res. 5, Jan. 3, 2001, p. ----; see Sec. 806, infra). In
    the 108th Congress those free-standing directives were codified in
    clause 3 of rule XI (sec. 2(h), H. Res. 5, Jan. 7, 2003, p. ----).
    Ordinary rights and functions of the House under the Constitution are
    exercised in accordance with the rules (III, 2567), and under later
    decisions questions of so-called constitutional privilege should also be
    considered in accordance with the rules (VI, 48; VII, 889; Apr. 8, 1926,
    p. 7147). But a law passed by an existing Congress with the concurrence
    of the House has been recognized by that House as of binding force in
    matters of procedure (V, 6767, 6768). In exercising its constitutional
    power to change its rules the House may confine itself within certain
    limitations (V, 6756; VIII, 3376); but the attempt of the House to
    deprive the Speaker of his vote as a Member by a rule was successfully
    resisted (V, 5966, 5967). While a the Act of June 1, 1789 (see 2 U.S.C.
    25) requires the election of a Clerk before the House proceeds to
    business yet the House has held that it may adopt rules before electing
    a Clerk (I, 245). Although the Speak

    [[Page [26]]]

    er ceases to be an officer of the House with the expiration of a
    Congress, the Clerk, by old usage, continues in a new Congress (I, 187,
    188, 235, 244; see 2 U.S.C. 26). In case of a vacancy in the Office of
    Clerk, Sergeant-at-Arms, Doorkeeper (abolished by the 104th Congress;
    see Sec. 663a, infra), Postmaster (abolished during the 102d Congress;
    see Sec. 668, infra), Chaplain, or Chief Administrative Officer, the
    Speaker is authorized to make temporary appointments (2 U.S.C. 75a-1).
    The House has adopted a rule before election of a Speaker (I, 94, 95);
    but in 1839 was deterred by the Act of June 1, 1789 and the Constitution
    from adopting rules before the administration of the oath to Members-
    elect (I, 140). The earlier theory that an officer might be empowered to
    administer oaths by a rule of either House has been abandoned in later
    practice and the authority has been conferred by law (III, 1823, 1824,
    2079, 2303, 2479; 2 U.S.C. 191).
      Before the adoption <> of rules the House is governed by general
    parliamentary law, but Speakers have been inclined to give weight to the
    rules and precedents of the House in modifying the usual constructions
    of that law (V, 5604, 6758-6760; VIII, 3384; Jan. 3, 1953, p. 24; Jan.
    10, 1967, p. 14). The general parliamentary law as understood in the
    House is founded on Jefferson's Manual as modified by the practice of
    American legislative assemblies, especially of the House of
    Representatives (V, 6761-6763; Jan. 3, 1953, p. 24), but the provisions
    of the House's accustomed rules are not necessarily followed (V, 5509).
    Prior to the adoption of rules, the statutory enactments incorporated
    into the rules of the prior Congress as an exercise of the rulemaking
    power do not control the proceedings of the new House until it adopts
    rules incorporating those provisions (Jan. 22, 1971, p. 132).
      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). Relying on the
    Act of June 1, 1789 (2 U.S.C. 25), the Clerk recognized for nominations
    for Speaker as being of higher constitutional privilege than a
    resolution to postpone the election of a Speaker and instead provide for
    the election of a Speaker pro tempore pending the disposition of certain
    ethics charges against the nominee of the majority party (Jan. 7, 1997,
    p. 115). The Speaker may recognize the Majority Leader to offer an
    initial resolution providing for the adoption of the rules as a question
    of privilege in its own right (IV, 3060; Deschler, ch. 1, Sec. 8), even
    prior to recognizing another Member to offer as a question of privilege
    another resolution calling into question the constitutionality of that
    resolution (Speaker Foley, Jan. 5, 1993, p. 49). The Speaker also may
    recognize a Member to offer for immediate consideration a special order
    providing for the consideration of a resolution adopting the rules (H.
    Res. 5, Jan. 4, 1995, p. 447). The resolution adopting rules for a
    Congress has included a special order of business for consideration of
    specified legislation (sec. 108, H. Res. 6, Jan. 4, 1995, p. 463; sec.
    3, H. Res. 5, Jan. 6, 1999, p. ----).

    [[Page [27]]]

      During debate on the resolution adopting rules, any Member may make a
    point of order that a quorum is not present based upon general
    parliamentary precedents, since the provisions of former clause 6(e) of
    rule XV (current clause 7 of rule XX) prohibiting the Chair from
    entertaining such a point of order unless the question has been put on
    the pending proposition are not yet applicable (Jan. 15, 1979, p. 10).
    Before adoption of rules, under general parliamentary law as modified by
    usage and practice of the House, an amendment may be subject to the
    point of order that it is not germane to the proposition to which
    offered (Jan. 3, 1969, p. 23). Before adoption of rules, the Speaker may
    maintain decorum by directing a Member who has not been recognized in
    debate beyond an allotted time to be removed from the well and by
    directing the Sergeant-at-Arms to present the mace as the traditional
    symbol of order (Jan. 3, 1991, p. 58).
      The motion to commit is permitted after the previous question has been
    ordered on the resolution adopting the rules (V, 5604; Jan. 3, 1989, p.
    81; Jan. 3, 1991, p. 61) but is not debatable (Jan. 7, 1997, p. 139). It
    is the prerogative of the minority to offer a motion to commit even
    prior to the adoption of the rules, but at that point the proponent need
    not qualify as opposed to the resolution (Jan. 3, 1991, p. 61; Jan. 4,
    1995, p. 457). Such a motion to commit is not divisible, but if it is
    agreed to and more than one amendment is reported back pursuant thereto,
    then separate votes may be had on the reported amendments (Jan. 5, 1993,
    p. 98). The motion to refer has also been permitted upon the offering of
    a resolution adopting the rules, and prior to debate thereon, subject to
    the motion to lay on the table (Jan. 5, 1993, p. 52).
      The two Houses <> of Congress adopted in
    the early years of the Government joint rules to govern their procedure
    in matters requiring concurrent action; but in 1876 these joint rules
    were abrogated (IV, 3430; V, 6782-6787). The most useful of their
    provision continued to be observed in practice, however (IV, 3430; V,
    6592).
      Decisions <> of the Supreme
    Court of the United States: United States v. Smith, 286 U.S. 6 (1932);
    Christoffel v. United States, 338 U.S. 84 (1949); United States v.
    Bryan, 339 U.S. 323 (1950); Yellin v. United States, 374 U.S. 109
    (1963); Powell v. McCormack, 395 U.S. 486 (1969).

      * * * [Each House may] <> punish its Members for disorderly Behaviour, and, with the
    Concurrence of two thirds, expel a Member.

      Among the <> punishments that the House may impose under this provision,
    the rules of the Committee on Standards of Official Conduct outline the
    following: (1) expulsion from the House; (2) censure; (3) reprimand; (4)
    fine; (5) denial or limitation of any right, power, privilege, or
    immunity of the Member

    [[Page [28]]]

    if not in violation of the Constitution; or (6) any other sanction
    determined by the Committee to be appropriate (rule 24, Committee on
    Standards of Official Conduct, 108th Cong.). Under rule 10 of the
    Committee on Standards of Official Conduct, a statement of alleged
    violation must be proven by clear and convincing evidence.
      In action for censure or expulsion, the House has discussed whether or
    not the principles of the procedure of the courts should be followed
    (II, 1255, 1264). The House, in a proceeding for expulsion, declined to
    give the Member a trial at the bar (II, 1275); but the Senate has
    permitted a counsel to appear at its bar (II, 1263), although it
    declined to grant a request for a specific statement of charges or
    compulsory process for witnesses (II, 1264). In one instance, pending
    consideration of a resolution to censure a Member, the Speaker informed
    him that he should retire (II, 1366), but this is not usual. Members or
    Senators, against whom resolutions have been pending, have participated
    in debate either by consent to make a personal explanation (II, 1656) or
    without question as to consent (II, 1246, 1253, 1269, 1286). A Member
    against whom a resolution of censure was pending was asked by the
    Speaker if he desired to be heard (VI, 236). However, after the House
    had voted censure and the Member has been brought to the bar by the
    Sergeant-at-Arms to be censured, it was held that he might not then be
    heard (II, 1259). In the modern practice, the manager of the resolution
    proposing the punishment (who controls the entire hour) yields a portion
    of his time to the accused (Oct. 2, 1980, p. 28966; July 24, 2002, p. --
    --). In the latter case, the House extended debate on the resolution for
    a specified period and yielded that entire time to the Member who was
    the subject of the resolution (July 24, 2002, p. ----). The manager of
    the resolution has the right to close debate, not the Member who is the
    subject of the resolution (July 24, 2002, p. ----). Where the manager of
    a resolution has divided his hour three ways, the Chair announced that
    the order of closing speeches would be as follows: The minority manager
    of the resolution, the subject of the resolution, and the manager of the
    resolution (July 24, 2002, p. ----). Debate on a resolution recommending
    a disciplinary sanction against a Member may not exceed the scope of the
    conduct of the accused Member (Dec. 18, 1987, p. 36271).
      A resolution recommending reprimand, censure, or expulsion of a Member
    presents a question of privilege (II, 1254; III, 2648-2651; VI, 236;
    Dec. 9, 1913, pp. 584-86; July 26, 1990, p. 19717). If reported by the
    Committee on Standards of Official Conduct (or a derivation thereof),
    the resolution may be called up at any time after the committee has
    filed its report (Jan. 21, 1997, p. 393). Before debate, an expulsion
    resolution is subject to the motion to lay on the table (Oct. 1, 1976,
    p. 35111), to postpone to a date certain (Oct. 2, 1980, p. 28953; July
    24, 2002, p. ----), or to refer to committee (Mar. 1, 1979, p. 3753). A
    proposition to censure is not germane to a proposition to expel (VI,
    236).

    [[Page [29]]]

      The Senate once expelled several Senators by a single resolution (II,
    1266); however, the House has refused to censure more than one Member by
    a single resolution (II, 1240, 1621).
      In <> the 94th Congress the
    House by adopting a report from the Committee on Standards of Official
    Conduct reprimanded a Member for failing to report certain financial
    holdings in violation of former rule XLIV (current rule XXVI) and for
    investing in stock in a Navy bank the establishment of which he was
    promoting, in violation of the Code of Ethics for Government Service (H.
    Res. 1421, July 29, 1976, pp. 24379-82). (For the Code of Ethics for
    Government Service, see H. Con. Res. 175, 85th Cong., 72 Stat. B12.) In
    the 95th Congress following an investigation by the Committee on
    Standards of Official Conduct into whether Members or employees had
    improperly accepted things of value from the Republic of Korea or
    representatives thereof, the House reprimanded three Members, one for
    falsely answering an unsworn questionnaire relative to such gifts and
    violating the Code of Official Conduct, one for failing to report as
    required by law the receipt of a campaign contribution and violating the
    Code of Official Conduct, and one for failing to report a campaign
    contribution, converting a campaign contribution to personal use,
    testifying falsely to the committee under oath, and violating the Code
    of Official Conduct (Oct. 13, 1978, pp. 36984, 37009, 37017). In the
    100th Congress the House adopted a resolution reprimanding a Member for
    ``ghost voting,'' improperly diverting government resources, and
    maintaining a ``ghost employee'' on his staff (Dec. 18, 1987, p. 36266).
    In the 101st Congress another was reprimanded for seeking dismissal of
    parking tickets received by a person with whom he had a personal
    relationship and not related to official business and for misstatements
    of fact in a memorandum relating to the criminal probation record of
    that person (July 26, 1990, p. 19717). In the 105th Congress the House
    reprimanded the Speaker and ordered him to reimburse a portion of the
    costs of the investigation by the Committee on Standards of Official
    Conduct (Jan. 21, 1997, p. 393).
      Censure <> is inflicted by the
    Speaker (II, 1259) and the words are entered in the Journal (II, 1251,
    1656; VI 236), but the Speaker may not pronounce censure except by order
    of the House (VI, 237). When Members have resigned pending proceedings
    for censure, the House has nevertheless adopted the resolutions of
    censure (II, 1239, 1273, 1275, 1656). Members have been censured for
    personalities and other disorder in debate (II, 1251, 1253, 1254, 1259),
    assaults on the floor (II, 1665), for presenting a resolution alleged to
    be insulting to the House (II, 1246), and for corrupt acts (II, 1274,
    1286). For abuse of the leave to print, the House censured a Member
    after a motion to expel him had failed (VI, 236). In one instance
    Members were censured for acts before the election of the then existing
    House (II, 1286). In the 96th Congress two Members were censured by the
    House as follows: (1) A Member who during a prior Congress both
    knowingly increased an

    [[Page [30]]]

    office employee's salary for repayment of that Member's personal
    expenses and who was unjustly enriched by clerk-hire employees' payments
    of personal expenses later compensated by salary increases, was censured
    and ordered to repay the amount of the unjust enrichment with interest
    (July 31, 1979, p. 21592); (2) a Member was censured for receiving over
    a period of time sums of money from a person with a direct interest in
    legislation in violation of former clause 4 of rule XLIII (current
    clause 3 of rule XXIII, and for transferring campaign funds into office
    and personal accounts (June 10, 1980, pp. 13801-20)). In the 98th
    Congress the House adopted two resolutions (as amended in the House),
    each censuring a Member for an improper relationship with a House page
    in a prior Congress (July 20, 1983, p. 20020 and p. 20030).
      Five <> Members have been
    expelled in the history of the House. Among those, three were expelled
    for various offenses related to their service for the Confederacy in the
    Civil War: John B. Clark of Missouri (a Member-elect) (II, 1262, July
    13, 1861); Henry C. Burnett of Kentucky (II, 1261, Dec. 3, 1861); and
    John W. Reid of Missouri (II, 1261, Dec. 6, 1861). Michael J. Myers of
    Pennsylvania was expelled after being convicted in a Federal court of
    bribery and conspiracy in accepting funds to perform official duties
    (Oct. 2, 1980, p. 28978). James A. Traficant of Ohio was expelled after
    being convicted in a Federal court for crimes including (1) trading
    official acts and influence for things of value; (2) demanding and
    accepting salary kickbacks from his congressional employees; (3)
    influencing a congressional employee to destroy evidence and to provide
    false testimony to a Federal grand jury; (4) receiving personal labor
    and the services of his congressional employees while they were being
    paid by the taxpayers to perform public service; and (5) filing false
    income tax returns (July 24, 2002, p. ----). Three Senators were
    expelled for their association with the Confederates during the Civil
    War (II, 1268-1270).
      The power of expulsion has been the subject of much discussion (I,
    469, 476, 481; II, 1264, 1265, 1269; VI, 56, 398; see Powell v.
    McCormack, 395 U.S. 486 (1969)). In one case a Member-elect who had not
    taken the oath was expelled (II, 1262), and in another case the power to
    do this was discussed (I, 476). In one instance the Senate assumed to
    annul its action of expulsion (II, 1243). The Supreme Court has decided
    that a judgment of conviction under a disqualifying statute does not
    compel the Senate to expel (II, 1282; Burton v. United States, 202 U.S.
    344 (1906)). The power of expulsion in its relation to offenses
    committed before the Members' election has been discussed (II, 1264,
    1284, 1285, 1286, 1288, 1289; VI, 56, 238). In one case the Judiciary
    Committee of the House concluded that a Member might not be punished for
    an offense alleged to have been committed against a preceding Congress
    (II, 1283); but the House itself declined to express doubt as to its
    power to expel and proceeded to inflict censure (II, 1286). In addition,
    the 96th Congress punished Members on two occasions for offenses
    committed during a prior Congress (H. Res. 378,

    [[Page [31]]]

    July 31, 1979, p. 21592; H. Res. 660, June 10, 1980, pp. 13801-20). It
    has been held that the power of the House to expel one of its Members is
    unlimited; a matter purely of discretion to be exercised by a two-thirds
    vote, from which there is no appeal (VI, 78). The resignation of the
    accused Member has always caused a suspension of proceedings for
    expulsion (II, 1275, 1276, 1279; VI, 238). Following the expulsion of a
    Member, the Clerk notifies the Governor of the relevant state of the
    action of the House (July 24, 2002, p. ----).
      Decisions <> of the Supreme
    Court of the United States: Anderson v. Dunn, 6 Wh. 204 (1821); Kilbourn
    v. Thompson, 103 U.S. 168 (1881); United States v. Ballin, 144 U.S. 1
    (1892); In re Chapman, 166 U.S. 661 (1897); Burton v. United States, 202
    U.S. 344 (1906); Powell v. McCormack, 395 U.S. 486 (1969).

      \3\ Each House <> shall
    keep a Journal of its Proceedings, and from time to time publish the
    same, excepting such Parts as may in their Judgment require Secrecy; * *
    *

      The Journal and <> not the Congressional Record is the official record of the
    proceedings of the House (IV, 2727). Its nature and functions have been
    the subject of extended discussions (IV, 2730, footnote). The House has
    fixed its title (IV, 2728). While it ought to be a correct transcript of
    the proceedings of the House, the House has not insisted on a strict
    chronological order of entries (IV, 2815). The Journal is dated as of
    the legislative and not the calendar day (IV, 2746).
      The Journal records <> proceedings but not the reasons therefor (IV,
    2811) or the circumstances attending (IV, 2812), or the statements or
    opinions of Members (IV, 2817-2820). Exceptions to this rule are rare
    (IV, 2808, 2825). Protests have on rare occasions been admitted by the
    action of the House (IV, 2806, 2807), but the entry of a protest on the
    Journal may not be demanded by a Member as a matter of right (IV, 2798)
    and such demand does not present a question of privilege (IV, 2799). A
    motion not entertained is not entered on the Journal (IV, 2813, 2844-
    46).
      While the House <> controls the Journal and may decide what are
    proceedings, even to the extent of omitting things actually done or
    recording things not done (IV, 2784; VI, 634), and while the Speaker has
    entertained a motion to amend the Journal so as to cause it to state
    what was not the fact, leaving it for the House to decide on the
    propriety of the act (IV, 2785), holding that he could not prevent a
    majority of the House from so amending the Journal as to undo an actual
    transaction (IV, 3091-93), in none of those rulings was an amendment
    permitted to correct the

    [[Page [32]]]

    Journal which had the effect of collaterally changing the tabling of a
    motion to reconsider. In fact, under the precedents cited in Sec. 902,
    infra, under clause 1 of rule XVI it has been held not in order to amend
    or strike out a Journal entry setting forth a motion exactly as made
    (IV, 2783, 2789), and thus it was held not in order to amend the Journal
    by striking out a resolution actually offered (IV, 2789), but on one
    occasion the House vacated the Speaker's referral of an executive
    communication by amending the Journal of the preceding day (Mar. 19,
    1990, p. 4488). Only on rare instances has the House nullified
    proceedings by rescinding the records of them in the Journal (IV, 2787),
    the House and Senate usually insisting on the accuracy of its Journal
    (IV, 2783, 2786). In rare instances the House and Senate have rescinded
    or expunged entries in Journals of preceding Congresses (IV, 2730,
    footnote, 2792, 2793).
      The Journal should <> record the result of every vote and state in general terms
    the subject of it (IV, 2804); but the result of a vote is recorded in
    figures only when the yeas and nays are taken (IV, 2827), when the vote
    is recorded by electronic device or by clerks, or when a vote is taken
    by ballot, it having been determined in latest practice that the Journal
    should show not only the result but the state of the ballot or ballots
    (IV, 2832).
      It is the <> uniform practice
    of the House to approve its Journal for each legislative day (IV, 2731).
    Where Journals of more than one session remain unapproved, they are
    taken up for approval in chronological order (IV, 2771-2773). In
    ordinary practice the Journal is approved by the House without the
    formal putting of the motion to vote (IV, 2774).
      The former rule required the reading of the Journal on each
    legislative day. The reading could be dispensed with only by unanimous
    consent (VI, 625) or suspension of the rules (IV, 2747-2750) and had to
    be in full when demanded by any Member (IV, 2739-2741; VI, 627-628; Feb.
    22, 1950, p. 2152).
      The present form of the rule (clause 1 of rule I; see Sec. 621, infra)
    was drafted from section 127 of the Legislative Reorganization Act of
    1970 (84 Stat. 1140), incorporated into the standing rules in the 92d
    Congress (H. Res. 5, Jan. 22, 1971, p. 144), and was further amended in
    the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16). Under the
    current practice, the Speaker is authorized to announce his approval of
    the Journal which is deemed agreed to by the House, subject to the right
    of any Member to demand a vote on agreeing to the Speaker's approval
    (which if decided in the affirmative is not subject to the motion to
    reconsider). In the 98th Congress, the Speaker was given the authority
    to postpone a record vote on agreeing to his approval of the Journal to
    a later time on that legislative day (H. Res. 5, Jan. 3, 1983, p. 34).
    While the transaction of any business is not in order before approval of
    the Journal (IV, 2751; VI, 629, 637; Oct. 8, 1968, p. 30096), approval
    of the Journal yields to the simple motion to adjourn (IV, 2757),
    administration of the oath (I, 171, 172), an arraign

    [[Page [33]]]

    ment of impeachment (VI, 469), and questions of the privileges of the
    House (II, 1630), and the Speaker may in his discretion recognize for a
    parliamentary inquiry before approval of the Journal (VI, 624). Under
    clause 1 of rule I, as amended in the 96th Congress, a point of order of
    no quorum is not in order before the Speaker announces his approval of
    the Journal. Clause 7 of rule XX generally prohibits the making of
    points of order of no quorum unless the Speaker has put the question on
    the pending motion or proposition.
      Under the practice <> before clause 1 of rule I was adopted in its present form,
    the motion to amend the Journal took precedence over the motion to
    approve it (IV, 2760; VI, 633); but the motion to amend may not be
    admitted after the previous question is demanded on a motion to approve
    (IV, 2770; VI, 633; VIII, 2684). An expression of opinion as to a
    decision of the Chair was held not in order as an amendment to the
    Journal (IV, 2848). A proposed amendment to the Journal being tabled
    does not carry the Journal with it (V, 5435, 5436). While a proposed
    correction of the Journal may be recorded in the Journal, yet it is not
    in order to insert in full in this indirect way what has been denied
    insertion in the first instance (IV, 2782, 2804, 2805). The earlier
    practice was otherwise, however (IV, 2801-2803). The Journal of the last
    day of a session is not approved on the assembling of the next session,
    and is not ordinarily amended (IV, 2743, 2744). For further discussion
    of the composition and approval of the Journal, see Deschler, ch. 5.
      Decisions <> of the Supreme
    Court of the United States: Field v. Clark, 143 U.S. 649 (1892); United
    States v. Ballin, 144 U.S. 1 (1892).

      * * * and the <> Yeas and Nays of the Members of either House on any question
    shall, at the Desire of one fifth of those Present, be entered on the
    Journal.

      The yeas and <> nays may be ordered before the organization of the House (I, 91;
    V, 6012, 6013), but are not taken in Committee of the Whole (IV, 4722,
    4723). They are not necessarily taken on the passage of a resolution
    proposing an amendment to the Constitution (V, 7038, 7039; VIII, 3506),
    but are required to pass a bill over a veto (Sec. 104; VII, 1110). In
    the earlier practice of the House it was held that less than a quorum
    might not order the yeas and nays, but for many years the decisions have
    been uniformly the other way (V, 6016-6028). Neither is a quorum
    necessary on a motion to reconsider the vote whereby the yeas and nays
    are ordered (V, 5693). When a quorum fails on a yea and nay vote it is
    the duty of

    [[Page [34]]]

    the Speaker and the House to take notice of that fact (IV, 2953, 2963,
    2988). If the House adjourns, the order for the yeas and nays remains
    effective whenever the bill again comes before the House (V, 6014, 6015;
    VI, 740; VIII, 3108), and it has been held that the question of
    consideration might not intervene on a succeeding day before the second
    calling of the yeas and nays (V, 4949). However, when the call of the
    House is automatic, the Speaker directs the roll to be called or the
    vote to be taken by electronic device without motion from the floor (VI,
    678, 679, 694, 695); and should a quorum fail to vote and the House
    adjourn, proceedings under the automatic call are vacated and the
    question recurs de novo when the bill again comes before the House (Oct.
    10, 1940, pp. 13534-35; Oct. 13, 1962, p. 23474; Oct. 19, 1966, p.
    27641). While the Constitution and the Rules of the House guarantee that
    votes taken by the yeas and nays be spread upon the Journal, neither
    requires that a Member's vote be announced to the public immediately
    during the vote (Sept. 19, 1985, p. 24245).
      The yeas and nays may not be demanded until the Speaker has put the
    question in the form prescribed by former clause 5 (current clause 6) of
    rule I (Oct. 2, 1974, p. 33623).
      The yeas and <> nays may
    be demanded while the Speaker is announcing the result of a division (V,
    6039), while a vote by tellers is being taken (V, 6038), and even after
    the announcement of the vote if the House has not passed to other
    business (V, 6040, 6041; VIII, 3110). But after the Speaker has
    announced the result of a division on a motion and is in the act of
    putting the question on another motion it is too late to demand the yeas
    and nays on the first motion (V, 6042). And it is not in order during
    the various processes of a division to repeat a demand for the yeas and
    nays which has once been refused by the House (V, 6029, 6030, 6031). The
    constitutional right of a Member to demand the yeas and nays may not be
    overruled as dilatory (V, 5737; VIII, 3107); but this constitutional
    right does not exist as to a vote to second a motion when such second is
    required by the rules (V, 6032-6036; VIII, 3109). The right to demand
    yeas and nays is not waived by the fact that the Member demanding them
    has just made the point of no quorum and caused the Chair to count the
    House (V, 6044).-
      In passing on <> a
    demand for the yeas and nays the Speaker need determine only whether
    one-fifth of those present sustain the demand (V, 6043; VIII, 3112,
    3115). In ascertaining whether one-fifth of those present support a
    demand for the yeas and nays the Speaker counts the entire number
    present and not merely those who rise to be counted (VIII, 3111, 3120).
    Such count is not subject to verification by appeal (Sept. 12, 1978, p.
    28984), and a request for a rising vote of those opposed to the demand
    is not in order (VIII, 3112-3114). Where the Chair prolongs his count of
    the House in determining whether one-fifth have supported the demand for
    yeas and nays, he counts latecomers in support of the demand as well as
    for the number present (Sept. 24, 1990, p. 25521). After the House, on a
    vote

    [[Page [35]]]

    by tellers, has refused to order the yeas and nays it is too late to
    demand the count of the negative on an original vote (V, 6045).
      A motion to <> reconsider the vote ordering the yeas and nays is in
    order (V, 6029; VIII, 2790), and the vote may be reconsidered by a
    majority. If the House votes to reconsider the yeas and nays may again
    be ordered by one-fifth (V, 5689-5691). But when the House, having
    reconsidered, again orders the yeas and nays, a second motion to
    reconsider may not be made (V, 6037). In one instance it was held that
    the yeas and nays might be demanded on a motion to reconsider the vote
    whereby the yeas and nays were ordered (V, 5689), but evidently there
    must be a limit to this process. The vote whereby the yeas and nays are
    refused may be reconsidered (V, 5692).
      A motion <> to adjourn may be admitted after the yeas and nays are ordered
    and before the roll call has begun (V, 5366); and a motion to suspend
    the rules has been entertained after the yeas and nays have been
    demanded on another matter (V, 6835). Consideration of a conference
    report (V, 6457), and a motion to reconsider the vote by which the yeas
    and nays were ordered (V, 6029; VIII, 2790) may be admitted. A demand
    for tellers or for a division is not precluded or set aside by the fact
    that the yeas and nays are demanded and refused (V, 5998; VIII, 3103).
      Decisions <> of the Supreme
    Court of the United States: Field v. Clark, 143 U.S. 649 (1892); United
    States v. Ballin, 144 U.S. 1 (1892); Twin City Bank v. Nebeker, 167 U.S.
    196 (1897); Wilkes County v. Coler, 180 U.S. 506 (1901); Marshall v.
    Gordon, 243 U.S. 521 (1917).

      \4\ Neither House, <> during the Session of Congress shall,
    without the Consent of the other, adjourn for more than three days, nor
    to any other Place than that in which the two Houses shall be sitting.

      The word ``Place'' in the above paragraph was construed to mean the
    seat of Government, and consent of the Senate is not required where the
    House orders its meetings to be held in another structure at the seat of
    Government (Speaker Rayburn, Aug. 17, 1949, pp. 11651, 11683). Under
    clause 12(d) of rule I, the Speaker may convene the House in a place
    within the District of Columbia, other than the Hall of the House,
    whenever, in his opinion, the public interest shall warrant it
    (Sec. 639, infra). In the 108th Congress the two Houses granted joint
    leadership authority for the entire Congress to assemble the Congress at
    a place outside the District of Columbia whenever the public interest
    shall warrant it (H. Con. Res. 1, Feb.

    [[Page [36]]]

    13, 2003, p. ----). A concurrent resolution adjourning both Houses for
    more than three days, or sine die, normally includes joint leadership
    authority to reassemble the Members whenever the public interest shall
    warrant it (Sec. 84, infra). After September 11, 2001, such recall
    authority has allowed reassembly at such place as may be designated
    (see, e.g., S. Con. Res. 160, Nov. 22, 2002, p. ----). The President may
    convene Congress at places outside the seat of Government during
    hazardous circumstances (2 U.S.C. 27; Deschler, ch. 1, Sec. 4).
      In recent practice a concurrent resolution of adjournment permits the
    designee of the Speaker and the Majority Leader of the Senate to recall
    the Congress when circumstances so warrant (July 26, 2002, p. ----). In
    the 108th Congress the Speaker executed by letter his designation under
    any concurrent resolution of adjournment during that Congress, as well
    as his designation under House Concurrent Resolution 1 (Mar. 13, 2003,
    p. ----).
      On November 22, 1940, p. 13715, the House of Representatives adopted a
    resolution providing that thereafter until otherwise ordered its
    meetings be held in the Caucus room of the new House Office Building.
    Likewise the Senate on the same day, p. 13709, provided that its
    meetings be held in the Chamber formerly occupied by the Supreme Court
    in the Capitol. The two Houses continued to hold their sessions in these
    rooms until the opening of the 77th Congress. These actions were
    necessitated because of the precarious condition of the roofs in the two
    Chambers. On June 28, 1949, p. 8571, and on September 1, 1950, p. 14140,
    the House provided that until otherwise ordered its meetings be held in
    the Caucus room of the new House Office Building, pending the remodeling
    of its Chamber. On June 29, 1949, p. 8584, and on Aug. 9, 1950, p.
    12106, the Senate provided that its meetings be held in the Chamber
    formerly occupied by the Supreme Court in the Capitol, pending
    remodeling of its Chamber. The House returned to its Chamber on January
    3, 1950, and again on January 1, 1951. The Senate returned to its
    Chamber on January 3, 1950, and again on January 3, 1951.
      There has been no occasion for the convening of a session of Congress
    outside the seat of Government. However, the Congress has engaged in
    ceremonial functions outside the seat of Government, which were
    authorized by concurrent resolution (H. Con. Res. 131, May 28, 1987, p.
    14031; H. Con. Res. 96, Apr. 18, 1989, p. 6834; H. Con. Res. 448, July
    25, 2002, p. ----).-
      The House of <> Representatives in adjourning for not more than three
    days must take into the count either the day of adjourning or the day of
    the meeting, and Sunday is not taken into account in making this
    computation (V, 6673, 6674). By special order, the House may provide for
    a session of the House on a Sunday, traditionally a ``dies non'' under
    the precedents of the House (Dec. 17, 1982, p. 31946; Dec. 18, 1987, p.
    36352; Nov. 17, 1989, p. 30029; Aug. 20, 1994, p. 23367). The House has
    by stand

    [[Page [37]]]

    ing order provided that it should meet on two days only of each week
    instead of daily (V, 6675). Before the election of Speaker, the House
    has adjourned for more than one day (I, 89, 221). The House has by
    unanimous consent agreed to an adjournment for less than three days but
    specified that it would continue in adjournment for 10 days pursuant to
    a concurrent resolution already passed by the House if the Senate
    adopted the concurrent resolution before the third day of the House's
    adjournment (Nov. 20, 1987, p. 33054). The Committee on Rules has
    reported a rule authorizing the Speaker to declare the House in recesses
    subject to calls of the Chair during five discrete periods, each
    consistent with the constitutional constraint that neither House adjourn
    (or recess) for more than three days without consent of the other House
    (Dec. 21, 1995, p. 38141; Jan. 5, 1996, p. 357). Under clause 12(c) of
    rule I, during any recess or adjournment of not more than three days, if
    the Speaker is notified by the Sergeant-at-Arms of an imminent
    impairment of the place of reconvening, then he may, in consultation
    with the Minority Leader, postpone the time for reconvening within the
    three-day limit prescribed by the Constitution. In the alternative, the
    Speaker, under the same conditions, may reconvene the House before the
    time previously appointed solely to declare the House in recess within
    that three-day limit (see Sec. 639, infra).
      Congress is adjourned <> for more than three days by a concurrent resolution
    (IV, 4031, footnote). When it adjourns in this way, but not to or beyond
    the day fixed by Constitution or law for the next regular session to
    begin, the session is not thereby necessarily terminated (V, 6676,
    6677). Until the 67th Congress neither House had ever adjourned for more
    than three days by itself with the consent of the other, but resolutions
    had been offered for the accomplishment of that end (V, 6702, 6703). At
    the close of the first session of the 66th Congress, the two Houses
    adjourned sine die under authority granted each House by simple
    resolutions consenting to such adjournment sine die at any time prior to
    a specified date (Nov. 19, 1919, p. 8810). On June 30, 1922, the House
    adjourned until August 15, 1922, with the consent of the Senate.
    Pursuant to a concurrent resolution (H. Con. Res. 266) the Senate
    granted its consent to an adjournment sine die of the House on August
    20, 1954, and the House granted its consent to the Senate to an
    adjournment sine die at any time prior to December 25, 1954. The Senate
    acting under the authority of the aforementioned resolution adjourned
    sine die on December 2, 1954. The adjournment resolution in the second
    session of the 97th Congress provided for adjournment sine die of the
    House on December 20 or December 21 pursuant to a motion made by the
    Majority Leader or his designee, and granted the consent of the House to
    adjournment sine die of the Senate at any time prior to January 3, 1983,
    as determined by the Senate, and the consent of the House for
    adjournments or recesses of the Senate for periods of more than three
    days as determined by the Senate during such period (H. Con. Res. 438,
    Dec. 20, 1982, p. 32951). Another concurrent resolution in the 97th

    [[Page [38]]]

    Congress provided for an adjournment of the Senate to a day certain and
    granted the consent of the Senate to an adjournment of the House for
    more than three days to a day certain, or to any day before that day as
    determined by the House (S. Con. Res. 102, May 27, 1982, pp. 12504,
    12505). On one occasion the two Houses provided for an adjournment to a
    certain day, with a provision that if there should be no quorum present
    on that day the session should terminate (V, 6686).
      The two Houses have adjourned to a certain day, with a provision that
    they may be reassembled by the Leadership if legislative expediency so
    required such reassembling (July 8, 1943, p. 7516; June 23, 1944, p.
    6667; Sept. 21, 1944, p. 8109; July 18, 1945, p. 7733; July 26, 1947, p.
    10521; June 20, 1948, p. 9348; Aug. 7, 1948, p. 10247), and in the 91st
    Congress, the two Houses agreed to a concurrent resolution adjourning
    both to dates certain but which also provided that the House was subject
    to recall by the Speaker if legislative expediency so warranted (July
    20, 1970, p. 24978). In the 93d Congress, first and second sessions, the
    two Houses agreed to concurrent resolutions adjourning the Congress sine
    die with a provision that the two Houses could be reassembled by the
    Leadership (Dec. 22, 1973, p. 43327; Dec. 20, 1974, p. 41815). Recall
    provisions were also included in the sine die adjournment resolutions
    for the first and second sessions of the 101st Congress (Nov. 21, 1989,
    p. 31156; Oct. 27, 1990, p. 36850), the second session of the 104th
    Congress (Oct. 3, 1996, p. 12275), the first session of the 105th
    Congress (Nov. 13, 1997, p. ----), and the second session of the 106th
    Congress (Dec. 15, 2000, p. ----). Joint leadership and House only
    recall provisions were included in the sine die adjournment resolution
    for the second session of the 105th Congress (Oct. 20, 1998, p. ----),
    and the Speaker exercised his recall authority under this resolution to
    reassemble the House (Dec. 17, 1998, p. ----). Resolutions containing
    recall provisions normally permit the motion to adjourn sine die only by
    the Majority Leaders or their designees (Dec. 19, 1985, p. 38358; Oct.
    17, 1986, p. 33096). The sine die adjournment resolution for the first
    session of the 102d Congress provided for an adjournment of the House
    and Senate until 11:55 a.m. on January 3, 1992, or until recalled by
    their joint leaderships (H. Con. Res. 260, Nov. 26, 1991, p. 35840).
    Since September 11, 2001, recall authority has allowed reassembly at
    such place as may be designated (see, e.g., S. Con. Res. 160, Nov. 22,
    2002, p. ----). More recently, such recall authority permitted recall by
    designees of the Speaker and the Majority Leader of the Senate (see,
    e.g., S. Con. Res. 132, July 26, 2002, p. ----). In the 108th Congress
    the Speaker executed by letter his designation under any concurrent
    resolution of adjournment during that Congress, as well as his
    designation under House Concurrent Resolution 1 (Mar. 13, 2003, p. ----
    ).
      A resolution adopted in the first session of the 106th Congress
    provided for an adjournment to a date certain, unless the House sooner
    received a specified message from the Senate, in which case it would
    stand adjourned sine die (Nov. 18, 1999, p. ----).

    [[Page [39]]]

      A resolution providing for the sine die adjournment of the first
    session may contain a proviso that when the second session convenes the
    Senate and House may not conduct organizational or legislative business
    but shall adjourn on that day until a date certain, unless sooner
    recalled (H. Con. Res. 260, 102d Cong., Nov. 26, 1991, p. 35840; H. Con.
    Res. 235, 106th Cong., Nov. 18, 1999, p. ----). That prohibition against
    the conduct of business was considered not to preclude recognition for
    one-minute speeches and special-order speeches by unanimous consent
    (Jan. 3, 1992, pp. 2, 9) or the introduction and numbering of bills and
    resolutions (which would not be noted in the Congressional Record or
    referred by the Speaker until the next legislative day, when executive
    communications, petitions, and memorials also would be numbered and
    referred) (Jan. 24, 2000, p. ----).
      A concurrent resolution to provide for adjournment for more than three
    days is offered in the House as a matter of privilege (V, 6701-6706),
    and is not debatable (VIII, 3372-3374). The Legislative Reorganization
    Act of 1970 provides for a sine die adjournment, or (in an odd numbered
    year) an adjournment of slightly over a month (from that Friday in
    August which is at least 30 days before Labor Day to the Wednesday
    following Labor Day) unless the nation is in a state of war, declared by
    Congress (sec. 461(b); 84 Stat. 1140). Congress may, of course, waive,
    this requirement and make other determinations regarding its adjournment
    (see Sec. 1106, infra).
      The requirement that resolutions providing for an adjournment sine die
    of either House may not be considered until Congress has completed
    action on the second concurrent resolution on the budget for the fiscal
    year in question, and on any reconciliation legislation required by such
    a resolution, contained in section 310(f) of the Congressional Budget
    Act of 1974 (P.L. 93-344), was repealed by the Balanced Budget and
    Emergency Deficit Control Act of 1985 (P.L. 99-177). That law amended
    sections 309 and 310 of the Congressional Budget Act to prohibit the
    consideration of concurrent resolutions during the month of July
    providing adjournments in excess of three days until the House has
    approved general annual appropriation bills within the jurisdictions of
    all the subcommittees on Appropriations for the ensuing fiscal year, and
    until the House has completed action on all reconciliation legislation
    for the ensuing fiscal year required to be reported by the concurrent
    resolution on the budget for that year (see Sec. 1127, infra).
      A resolution providing for an adjournment sine die is not debatable
    (VIII, 3372-3374), though a Member may be recognized during its
    consideration under a reservation of objection to a unanimous-consent
    request that the resolution be agreed to (Oct. 27, 1990, p. 36850).

     * * *

    [[Page [40]]]

      Section 6. \1\ The Senators <> and Representatives shall receive a Compensation for their
    Services, to be ascertained by Law, and paid out of the Treasury of the
    United States.

      The 27th amendment to the Constitution addresses laws varying the
    compensation for the services of the Senators and Representatives (see
    Sec. 258, infra). The present rate of compensation of Representatives,
    the Resident Commissioner from Puerto Rico, and Delegates is $145,100
    per annum. The rate of compensation of the Speaker and the Vice
    President is $186,300 per annum (2 U.S.C. 31; 3 U.S.C. 104) with an
    additional $10,000 per annum to assist in defraying expenses (2 U.S.C.
    31b; 3 U.S.C. 111). The Majority and Minority Leaders of the House
    receive $161,200 per annum (2 U.S.C. 31). These rates of compensation
    are all (except for the expense allowances) subject to annual cost of
    living adjustments (2 U.S.C. 31(2)). The present rate of compensation of
    Senators is that fixed by section 1101 of Public Law 101-194, as
    adjusted pursuant to 2 U.S.C. 31(2).
      Under <> the Federal Salary Act
    of 1967 (2 U.S.C. 351-362), the Citizens' Commission on Public Service
    and Compensation (formerly the Commission on Executive, Legislative and
    Judicial Salaries) is authorized and directed to conduct quadrennial
    reviews of the rates of pay of specified government officials, including
    Members of Congress, and to report to the President the results of each
    review and its recommendations for adjustments in such rates. The
    enactment of those recommendations is governed by the Federal Salary Act
    (see Sec. 1130(12), infra).
      The statute also provides for deductions from the pay of Members and
    Delegates who are absent from the sessions of the House for reasons
    other than illness of themselves and families, or who retire before the
    end of the Congress (2 U.S.C. 39; IV, 3011, footnote). The law as to
    deductions has been held to apply only to Members who have taken the
    oath (II, 1154). Members and Delegates are paid monthly on certificate
    of the Speaker (2 U.S.C. 34, 35, 37, 57a). The law also provides that
    the residence of a Member of Congress for purpose of imposing State
    income tax laws shall be the State from which elected and not the State,
    or subdivision thereof, in which the Member maintains an abode for the
    purpose of attending sessions of Congress (4 U.S.C. 113).
      Questions have arisen <> frequently as to compensation of Members especially in
    cases of Members elected to fill vacancies (I, 500; II, 1155) and where
    there have been questions as to incompatible offices (I, 500) or titles
    seat (II, 1206). The Supreme Court has held that a Member chosen to fill
    a vacancy is entitled to salary only from the time that the compensation
    of his prede

    [[Page [41]]]

    cessor has ceased, Page v. United States, 127 U.S. 67 (1888). See also 2
    U.S.C. 37.
      In the 92d <> Congress, the provisions of H. Res. 457 of that Congress,
    authorizing the Committee on House Administration to adjust allowances
    of Members and committees without further action by the House, were
    enacted into permanent law (2 U.S.C. 57), but the 94th Congress enacted
    into permanent law H. Res. 1372 of that Congress, stripping the
    Committee of that authority and requiring House approval of the
    committee's recommendations, except in cases made necessary by price
    changes in materials and supplies, technological advances in office
    equipment, and cost of living increases (2 U.S.C. 57a). The Committee on
    House Administration retains authority under 2 U.S.C. 57 to
    independently adjust amounts under certain conditions outlined in 2
    U.S.C. 57a (Mar. 21, 1977, p. 8227; Apr. 21, 1983, p. 9339). The text of
    those statutes follow:

        ``Sec. 57. Adjustment of House of Representatives allowances by
                        Committee on House Administration

      ``(a) In general.--Subject to the provision of law specified in
    subsection (b) of this section, the Committee on House Administration of
    the House of Representatives may, by order of the Committee, fix and
    adjust the amounts, terms, and conditions of, and other matters relating
    to, allowances of the House of Representatives within the following
    categories:
              ``(1) For Members of the House of Representatives, the
            Members' Representational Allowance, including all aspects of
            the Official Mail Allowance within the jurisdiction of the
            Committee under section 59(e) of this title.
              ``(2) For committees, the Speaker, the Majority and Minority
            Leaders, the Clerk, the Sergeant at Arms, and the Chief
            Administrative Officer, allowances for official mail (including
            all aspects of the Official Mail Allowance within the
            jurisdiction of the Committee under section 59e of this title),
            stationery, and telephone and telegraph and other
            communications.
      ``(b) Provision specified.--The provision of law referred to in
    subsection (a) of this section is section 57a of this title.
      ``(c) Member of the House of Representatives defined.--As used in this
    section, the term `Member of the House of Representatives' means a
    Representative in, or a Delegate or Resident Commissioner to, the
    Congress.''

    [[Page [42]]]

      ``Sec. 57a. Limitation on allowance authority of Committee on House
                                 Administration.

      ``(a) In general.--An order under the provision of law specified in
    subsection (c) of this section may fix or adjust the allowances of the
    House of Representatives only by reason of--
              ``(1) a change in the price of materials, services, or office
            space;
              ``(2) a technological change or other improvement in office
            equipment; or
              ``(3) an increase under section 5303 of title 5 in rates of
            pay under the General Schedule.
      ``(b) Resolution requirement.--In the case of reasons other than the
    reasons specified in paragraph (1), (2), or (3) of subsection (a) of
    this section, the fixing and adjustment of the allowances of the House
    of Representatives in the categories described in the provision of law
    specified in subsection (c) of this section may be carried out only by
    resolution of the House of Representatives.
      ``(c) Provision specified.--The provision of law referred to in
    subsections (a) and (b) of this section is section 57 of this title.''

      In the 104th Congress the Committee on House Administration
    promulgated an order abolishing separate allowances for Clerk Hire,
    Official Expenses, and Official Mail, in favor of a single ``Members'
    Representational Allowance'' (MRA), which was ultimately enacted into
    law (2 U.S.C. 57b). The MRA is provided for the employment of staff in
    the Member's Washington and district offices, official expenses incurred
    by the Member, and the postage expenses of first, third, and fourth
    class frankable mail.
      Until January 1, 1988, the maximum salary for staff members was the
    rate of basic pay authorized for Level V of the Executive Schedule (by
    order of the Committee on House Administration, Mar. 21, 1977, p. 8227).
    Under section 311 of the Legislative Branch Appropriations Act, 1988, as
    contained in section 101(i) of Public Law 100-202 (2 U.S.C. 60a-2a), the
    maximum salary for staff members is set by pay order of the Speaker. A
    Member may not employ a relative on his MRA (5 U.S.C. 3110). The Code of
    Official Conduct also precludes certain hiring practices of Members (see
    Sec. 1095, inra.).
      Until the 103d Congress, a Member could employ a ``Lyndon Baines
    Johnson Congressional Intern'' for a maximum of two months at not to
    exceed $1,160 per month. Such internships were available for college
    students and secondary or postsecondary school teachers (H. Res. 420,
    93d Cong., Sept. 18, 1973, p. 30186). Any paid internship is now funded
    through the MRA.
      The statutes provide for continuation of the pay of clerical
    assistants to a Member upon his or her death or resignation, until a
    successor is elected to fill the vacancy, such clerical assistants to
    perform their duties under the direction of the Clerk of the House (2
    U.S.C. 92a-92d). Upon the explusion of a Member in the 96th Congress,
    the House by resolution

    [[Page [43]]]

    extended those provisions to any termination of service by a Member
    during the term of office (H. Res. 804, Oct. 2, 1980, p. 28978).
      For current information on the MRA and the method of its accounting
    and disbursement, see current U.S. House of Representatives
    Congressional Handbook, Committee on House Administration.
      At its <> organization the 104th Congress prohibited the
    establishment or continuation of any legislative service organization
    (as that term had been understood in the 103d Congress) and directed the
    Committee on House Administration to take such steps as were necessary
    to ensure an orderly termination and accounting for funds of any
    legislative service organization in existence on January 3, 1995 (sec.
    222, H. Res. 6, Jan. 4, 1995, p. 477).
      Separate from the <> MRA
    specified above, the leaders of the House (the Speaker, Majority Leader,
    Minority Leader, Majority Whip and Minority Whip) are entitled to office
    staffing allowances consisting of certain statutory positions as well as
    lump-sum appropriations authorized by section 473 (84 Stat. 1140). The
    portion of these allowances for leadership office personnel may be
    adjusted by the Clerk of the House in certain situations when the
    President effects a pay adjustment for certain classes of Federal
    employees under the Federal Pay Comparability Act of 1970 (P.L. 91-656;
    84 Stat. 1946).
      Under <> section 311(d) of
    the Legislative Branch Appropriations Act, 1988 [2 U.S.C. 60a-2a], the
    Speaker may issue ``pay orders'' that adjust pay levels for officers and
    employees of the House to maintain certain relationships with comparable
    levels in the Senate and in the other branches of government. For the
    text of section 311(d), see Sec. 1130, infra.

      * * * They [the <> Senators and Representatives] shall in all Cases, except
    Treason, Felony, and Breach of the Peace, be privileged from Arrest
    during their attendance at the Session of their respective Houses, and
    in going to and returning from the same; * * *

      The word ``felony'' <> in this provision has been interpreted not to
    refer to a delinquency in a matter of debt (III, 2676), and ``treason,
    felony, and breach of the peace'' have been construed to mean all
    indictable crimes (III, 2673). The Supreme Court has held that the
    privilege does not apply to arrest in any criminal case. Williamson v.
    United States, 207 U.S. 425 (1908). The courts have discussed and
    sustained the privilege of the Member in going to and returning from the
    session (III, 2674); and

    [[Page [44]]]

    where a person assaulted a Member on his way to the House, although at a
    place distant therefrom, the House arrested him on warrant of the
    Speaker, arraigned him at the bar and committed him (II, 1626, 1628).
    Other assaults under these circumstances have been treated as breaches
    of privilege (II, 1645). Where a Member had been arrested and detained
    under mesne process in a civil suit during a recess of Congress, the
    House decided that he was entitled to discharge on the assembling of
    Congress, and liberated him and restored him to his seat by the hands of
    its own officer (III, 2676). Service of process is distinguished from
    arrest in civil cases and related historical data are collected in Long
    v. Ansell, 293 U.S. 76 (1934), where the Supreme Court held that the
    clause was applicable only to arrests in civil suits, now largely
    obsolete but common at the time of the adoption of the United States
    Constitution. Former Rule L (current rule VIII), infra, was added in the
    97th Congress to provide a standing procedure governing subpoenas to
    Members, officers, and employees directing their appearance as witnesses
    relating to the official functions of the House, or for the production
    of House documents.

    <>   * * * and for any Speech or Debate in either House, they
    [the Senators and Representatives] shall not be questioned in any other
    place.

      This privilege as <> to ``any
    speech or debate'' applies generally to ``things done in a session of
    the House by one of its Members in relation to the business before it.''
    Kilbourn v. Thompson, 103 U.S. 168 (1881), cited at III, 2675. See also
    II, 1655 and Sec. Sec. 301-302, infra, for provisions in Jefferson's
    Manual on the privilege; and Deschler, ch. 7. The clause precludes
    judicial inquiry into the motivation, preparation, or content of a
    Member's speech on the floor and prevents such a speech from being made
    the basis for a criminal conspiracy charge against the Member. United
    States v. Johnson, 383 U.S. 169 (1966). The Supreme Court held in United
    States v. Helstoski, 442 U.S. 447 (1979), that under the Speech or
    Debate Clause, neither evidence of nor references to legislative acts of
    a Member of Congress may be introduced by the Government in a
    prosecution under the official bribery statute. But the Supreme Court
    has limited the scope of legislative activity which is protected under
    the clause by upholding grand jury inquiry into the possession and
    nonlegislative use of classified documents by a Member. Gravel v. United
    States, 408 U.S. 606 (1972). The Court has also sustained the validity
    of an indictment of a Member for accepting an illegal bribe to perform
    legislative acts where the prosecution established a prima facie case
    without relying on the Member's constitutionally-protected legislative
    speech. United States v. Brewster, 408 U.S. 501 (1972). Nor does the
    clause protect transmittal of allegedly defamatory material issued in
    press releases and newsletters by a Senator, as neither was essential to
    the delib

    [[Page [45]]]

    erative process of the Senate. Hutchinson v. Proxmire, 443 U.S. 111
    (1979). A complaint against an officer of the House relating to the
    dismissal of an official reporter of debates has been held
    nonjusticiable on the basis that her duties were directly related to the
    due functioning of the legislative process. Browning v. Clerk, 789 F.2d
    923 (D.C. Cir. 1986), cert. den. 479 U.S. 996 (1986). For a discussion
    of waivers of the Speech and Debate clause, see Sec. 301, infra.
      Legislative employees acting under orders of the House are not
    necessarily protected under the clause from judicial inquiry into the
    constitutionality of their actions. Kilbourn v. Thompson, 103 U.S. 165
    (1880); Dombrowski v. Eastland, 387 U.S. 82 (1967); Powell v. McCormack,
    395 U.S. 486 (1969). But see Gravel v. United States, 408 U.S. 606
    (1972), where the Supreme Court held that the aide of a Senator was
    protected under the clause when performing legislative acts which would
    have been protected under the clause if performed by the Senator
    himself. There is no distinction between the Members of a Senate
    subcommittee and its chief counsel insofar as complete immunity under
    the Speech and Debate Clause is provided for the issuance of a subpoena
    pursuant to legitimate legislative inquiry. Eastland v. U.S.
    Servicemen's Fund, 421 U.S. 491 (1975). See also Doe v. McMillan, 412
    U.S. 306 (1973) (relating to the dissemination of a congressional
    report) for the immunity under this clause of Members of the House and
    their staffs, and for the common-law immunity of the Public Printer and
    Superintendent of Documents.
      For Federal court decisions on the applicability of the clause to
    unofficial circulation of reprints from the Congressional Record, see
    McGovern v. Martz, 182 F. Supp. 343 (1960); Long v. Ansell, 69 F.2d 386
    (1934), aff'd, 293 U.S. 76 (1934); Methodist Federation for Social
    Action v. Eastland, 141 F. Supp. 729 (1956). For inquiry into a Member's
    use of the franking privilege, see Hoellen v. Annunzio, 468 F.2d 522
    (1972), cert. denied, 412 U.S. 953 (1973); Schiaffo v. Helstoski, 350 F.
    Supp. 1076 (1972), rev'd 492 F.2d 413 (1974). For inquiry into the
    printing of committee reports, see Doe v. McMillan, 412 U.S. 306 (1973);
    Hentoff v. Ichord, 318 F. Supp. 1175 (1970).
      For assaulting a <> Member for
    words spoken in debate, Samuel Houston, not a Member, was arrested,
    tried, and censured by the House (II, 1616-1619). Where Members have
    assaulted other Members for words spoken in debate (II, 1656), or
    proceeded by duel (II, 1644), or demanded explanation in a hostile
    manner (II, 1644), the House has considered the cases as of privilege. A
    communication addressed to the House by an official in an Executive
    Department calling in question words uttered by a Member in debate was
    criticized as a breach of privilege and withdrawn (III, 2684). An
    explanation having been demanded of a Member by a person not a Member
    for a question asked of the latter when a witness before the House, the
    matter was considered but not pressed as a breach of privilege (III,
    2681). A letter from a person supposed to have been assailed by a Member
    in debate,

    [[Page [46]]]

    asking properly and without menace if the speech was correctly reported,
    was held to involve no question of privilege (III, 2682). Unless it be
    clear that a Member has been questioned for words spoken in debate, the
    House declines to act (II, 1620; III, 2680).
      For assaulting a Member, Charles C. Glover was arrested, arraigned at
    the bar of the House, and censured by the Speaker by direction of the
    House, although the provocation of the assault was words spoken in
    debate in the previous Congress (VI, 333).
      Decisions <> of the Supreme
    Court of the United States: Kilbourn v. Thompson, 103 U.S. 168 (1881);
    Tenney v. Brandhove, 341 U.S. 367 (1951); United States v. Johnson, 383
    U.S. 169 (1966); Dombrowski v. Eastland, 387 U.S. 82 (1967); Powell v.
    McCormack, 395 U.S. 486 (1969); Gravel v. United States, 408 U.S. 606
    (1972); United States v. Brewster, 408 U.S. 501 (1972); United States v.
    Helstoski, 442 U.S. 477 (1979); Hutchinson v. Proxmire, 443 U.S. 111
    (1979).

      \2\ No Senator or <> Representative shall, during the Time for which he
    was elected, be appointed to any Civil Office under the Authority of the
    United States, which shall have been created, or the Emoluments whereof
    shall have been encreased during such time; *  *  *.

      In a few cases questions have arisen under this paragraph (I, 506,
    footnote; and see 42 Op. Att'y Gen. 36 (1969); see also Deschler, ch.
    7).

    <>
    *  *  * and no Person holding any Office under the United States, shall
    be a Member of either House during his Continuance in Office.

      The meaning of the word ``office'' as used in this paragraph has been
    discussed (I, 185, 417, 478, 493; II, 993; VI, 60, 64), as has also the
    general subject of incompatible offices (I, 563).
      The Judiciary Committee <> has concluded that members of commissions created by law to
    investigate and report, but having no legislative, executive, or
    judicial powers, and visitors to academies, regents, directors, and
    trustees of public institutions, appointed under the law by the Speaker,
    are not officers within the meaning of the Constitution (I, 493).
    Membership on joint committees created by the statute is not an office
    in the contemplation of the constitutional provision prohibiting Members
    of Congress from holding si

    [[Page [47]]]

    multaneously other offices under the United States (VII, 2164). A Member
    of either House is eligible to appointment to any office not forbidden
    him by law, the duties of which are not incompatible with those of a
    Member (VI, 63) and the question as to whether a Member may be appointed
    to the Board of Managers of the Soldiers' Home and become local manager
    of one of the Homes, is a matter for the decision of Congress itself
    (VI, 63). The House has also distinguished between the performance of
    paid services for the Executive (I, 495), like temporary service as
    assistant United States attorney (II, 993), and the acceptance of an
    incompatible office. The House has declined to hold that a contractor
    under the Government is constitutionally disqualified to serve as a
    Member (I, 496). But the House, or its committees, have found
    disqualified a Member who was appointed a militia officer in the
    District of Columbia (I, 486) and in various States (VI, 60), and
    Members who have accepted commissions in the Army (I, 491, 492, 494).
    But the Judiciary Committee has expressed the opinion that persons on
    the retired list of the Army do not hold office under the United States
    in the constitutional sense (I, 494). A Member-elect has continued to
    act as governor of a State after the assembling of the Congress to which
    he was elected (I, 503), but the duties of a Member of the House and the
    Governor of a State are absolutely inconsistent and may not be
    simultaneously discharged by the same Member (VI, 65).-
      The House decided <> that the status of a Member-elect was
    not affected by the constitutional requirement (I, 499), the theory
    being advanced that the status of the Member-elect is distinguished from
    the status of the Member who has qualified (I, 184). A Member-elect, who
    continued in an office after his election but resigned before taking his
    seat, was held entitled to the seat (I, 497, 498). However, when a
    Member-elect held an incompatible office after the meeting of Congress
    and his taking of the oath, he was held to have disqualified himself (I,
    492). In other words, the Member-elect may defer until the meeting of
    Congress and his taking of the oath, his choice between the seat and an
    incompatible office (I, 492). As early as 1874 the Attorney General
    opined that a Member-elect is not officially a Member of the House, and
    thus may hold any office until sworn (14 Op. Att'y Gen. 408 (1874)).
      The House has <> manifestly leaned to the idea that a contestant
    holding an incompatible office need not make his election until the
    House has declared him entitled to the seat (I, 505). Although a
    contestant had accepted and held a State office in violation of the
    State constitution, if he were really elected a Congressman, the House
    did not treat his contest as abated (II, 1003). Where a Member had been
    appointed to an incompatible office a contestant not found to be elected
    was not admitted to fill the vacancy (I, 807).

    [[Page [48]]]

      Where a Member <> has accepted an incompatible
    office, the House has assumed or declared the seat vacant (I, 501, 502;
    VI, 65). In the cases of Baker and Yell, the Elections Committee
    concluded that the acceptance of a commission as an officer of
    volunteers in the national army vacated the seat of a Member (I, 488),
    and in another similar case the Member was held to have forfeited his
    right to a seat (I, 490). The House has seated a person bearing regular
    credentials on ascertaining that his predecessor in the same Congress
    had accepted a military office (I, 572). But usually the House by
    resolution formally declares the seat vacant (I, 488, 492). A Member-
    elect may defer until the meeting of Congress and his taking of the oath
    of office his choice between the seat and an incompatible office (I,
    492). But when he retains the incompatible office and does not qualify,
    a vacancy has been held to exist (I, 500). A resolution excluding a
    Member who has accepted an incompatible office may be agreed to by a
    majority vote (I, 490). A Member charged with acceptance of an
    incompatible office was heard in his own behalf during the debate (I,
    486).
      Where it was held in Federal court that a Member of Congress may not
    hold a commission in the Armed Forces Reserve under this clause, the
    U.S. Supreme Court reversed on other grounds, the plaintiff's lack of
    standing to maintain the suit. Reservists Committee to Stop the War v.
    Laird, 323 F. Supp. 833 (1971), aff'd, 595 F.2d 1075 (1972), rev'd on
    other grounds, 418 U.S. 208 (1974).

      Section 7. \1\ All Bills <> for raising Revenue shall originate in the
    House of Representatives; but the Senate may propose or concur with
    Amendments as on other Bills.

      This provision has been the subject of much discussion (II, 1488,
    1494). In the earlier days the practice was not always correct (II,
    1484); but in later years the House has insisted on its prerogative and
    the Senate has often shown reluctance to infringe thereon (II, 1482,
    1483, 1493). In several instances, however, the subject has been matter
    of contention, conference (II, 1487, 1488), and final disagreement (II,
    1485, 1487, 1488). Sometimes, however, when the House has questioned an
    invasion of prerogative, the Senate has receded (II, 1486, 1493). The
    disagreements have been especially vigorous over the right of the Senate
    to concur with amendments (II, 1489), and while the Senate has
    acquiesced in the sole right of the House to originate revenue bills, it
    has at the same time held to a broad power of amendment (II, 1497-1499).
    The House has frequently challenged the Senate on this point (II, 1481,
    1491, 1496; Sept. 14, 1965, p. 23632). When the House has perceived an
    invasion of its prerogative, it has ordered the bill or Senate amendment
    to be returned to the Senate (II, 1480-1499; VI, 315, 317; Mar. 30,
    1937, p. 2930; July 2, 1960, p. 15818; Oct. 10, 1962,

    [[Page [49]]]

    p. 23014; May 20, 1965, p. 11149; June 20, 1968, p. 22127; Nov. 8, 1979,
    p. 31518; May 17, 1983, p. 12486; Oct. 1, 1985, p. 25418; Sept. 25,
    1986, p. 26202; July 30, 1987, p. 21582; June 16, 1988, p. 14780; June
    21, 1988, p. 15425; Sept. 23, 1988, p. 25094; Sept. 28, 1988, p. 26415;
    Oct. 21, 1988, pp. 33110-11; June 15, 1989, p. 12167; Nov. 9, 1989, p.
    28271; Oct. 22, 1991, p. 27087; Oct. 31, 1991, p. 29284; Feb. 25, 1992,
    p. 3377; July 14, 1994, p. 16593; July 21, 1994, p. 17280; July 21,
    1994, p. 17281; Aug. 12, 1994, pp. 7642, 7643; Oct. 7, 1994, p. 29136,
    29137; Mar. 21, 1996, p. 5950; Apr. 16, 1996, pp. 7642, 7643; Sept. 27,
    1996, p. 25542; Sept. 28, 1996, p. 25931; Mar. 5, 1998, p. ----; Oct.
    15, 1998, p. ----; July 15, 1999, p. ----; Nov. 18, 1999, pp. ----; Oct.
    24, 2000, p. ----; Sept. 20, 2001, p. ----), or declined to proceed
    further with it (II, 1485). Among the measures the House has returned to
    the Senate: a Senate-passed bill providing for the sale of Conrail and
    containing provisions relating to the tax treatment of the sale,
    notwithstanding inclusion in that bill of a disclaimer section requiring
    all revenue provisions therein to be contained in separate legislation
    originating in the House (Sept. 25, 1986, p. 26202); a Senate-passed
    bill prohibiting the importation of commodities subject to tariff (July
    30, 1987, p. 21582); a Senate-passed bill banning all imports from Iran,
    a tariff measure as affecting revenue from dutiable imports (June 16,
    1988, p. 14780); a Senate-passed bill dealing with the tax treatment of
    income derived from the exercise of Indian treaty fishing rights (June
    21, 1988, p. 15425); a Senate-passed bill creating a tax-exempt
    government corporation (June 15, 1989, p. 12167); a Senate-passed bill
    addressing the tax treatment of police-corps scholarships and the
    regulation of firearms under the Internal Revenue Code (Oct. 22, 1991,
    p. 27087); a Senate-passed bill including certain import sanctions in an
    export administration statute (Oct. 31, 1991, p. 29284); a Senate-passed
    bill requiring the President to impose sanctions including import
    restrictions against countries that fail to eliminate largescale
    driftnet fishing (Feb. 25, 1992, p. 3377); a Senate amendment to a
    general appropriation bill prohibiting funds for the Internal Revenue
    Service to enforce a requirement to use undyed diesel fuel for use in
    recreational boats (July 14, 1994, p. 16593); a Senate-passed bill
    proposing to regulate toxic substances by prohibiting the import of
    products containing more than specified level of lead (July 21, 1994, p.
    17280); a Senate amendment to a general appropriation bill proposing a
    user fee raising revenue to finance broader activities of the agency
    imposing the levy, thereby raising general revenue (Aug. 12, 1994, p.
    21656); a Senate-passed bill proposing to repeal a fee on electricity
    generated by nuclear energy that otherwise would raise revenue (Mar. 5,
    1998, p. ----); a Senate-passed bill proposing new import restrictions
    on products containing any substance derived from rhinoceroses or tigers
    (Oct. 15, 1998, p. ----); Senate-passed bills proposing an amendment to
    the criminal code that would make it unlawful to import certain assault
    weapons (Oct. 22, 1991, p. 27087) or to import large capacity ammunition
    feeding devices (July 15, 1999, p. ----); Senate-passed bills
    prescribing the tax treatment

    [[Page [50]]]

    of certain benefits to members of the Armed Forces (Nov. 18, 1999, p. --
    --) or of public-sector retirement plans (Nov. 18, 1999, p. ----); a
    Senate-passed bill proposing to create a new basis for applying import
    restrictions on bear viscera or products derived therefrom (Oct. 24,
    2000, p. ----); a Senate amendment proposing to enact by reference a
    Senate bill providing for a ban on (dutiable) imports of diamonds from
    certain countries (Sept. 20, 2001, p. ----). The House laid on the table
    a resolution asserting that a conference report (on which the House was
    acting first) accompanying a House bill originated provisions in
    derogation of the constitutional prerogative of the House and resolving
    that such bill be recommitted to conference (July 27, 2000, p. ----).
      A bill raising revenue incidentally was held not to infringe upon the
    constitutional prerogative of the House to originate revenue legislation
    (VI, 315). Discussion of differentiation between bills for the purpose
    of raising revenue and bills which incidentally raise revenue (VI, 315).
    A question relating to the invasion of the constitutional prerogatives
    of the House by a Senate amendment may be raised at any time when the
    House is in possession of the papers, but not otherwise; thus, the
    question has been presented pending the motion to call up a conference
    report on the bill (June 20, 1968, Deschler, ch. 13, Sec. 14.2; Aug. 19,
    1982, p. 22127), but has been held nonprivileged with respect to a bill
    already presented to the President (Apr. 6, 1995, p. 10700). On January
    16, 1924, p. 1027, the Senate decided that a bill proposing a gasoline
    tax in the District of Columbia should not originate in the Senate (VI,
    316).
      Former clause 5(b) (current clause 5(a)) of rule XXI, added in the
    98th Congress, prohibits consideration of any amendment, including any
    Senate amendment, proposing a tax or tariff measure during consideration
    of a bill or joint resolution reported by a committee not having that
    jurisdiction (H. Res. 5, Jan. 3, 1983, p. 34).
      For discussion as to the prerogatives of the House under this clause,
    and discussion of the prerogatives of the House to originate
    appropriation bills, see Deschler, ch. 13.
      Decisions <> of the Supreme
    Court of the United States: Field v. Clark, 143 U.S. 649 (1892); Twin
    City Bank v. Nebeker, 167 U.S. 196 (1897); Flint v. Stone Tracy Co., 220
    U.S. 107 (1911); Millard v. Roberts, 202 U.S. 429 (1906); Rainey v.
    United States, 232 U.S. 310 (1914); United States v. Munoz-Flores, 495
    U.S. 385 (1990).

      \2\ Every Bill <> which shall have passed the House of Representatives
    and the Senate, shall, before it become a Law, be presented to the
    President of the United States; If he approve he shall sign it, but if
    not he shall return it, with his Objec

    [[Page [51]]]

    tions to that House in which it shall have originated, who shall enter
    the Objections at large on their Journal, and proceed to reconsider it.
    If after such Reconsideration two thirds of that House shall agree to
    pass the Bill, it shall be sent, together with the Objections, to the
    other House, by which it shall likewise be reconsidered, and if approved
    by two thirds of that House, it shall become a Law. But in all such
    Cases the Votes of both Houses shall be determined by Yeas and Nays, and
    the Names of the Persons voting for and against the Bill shall be
    entered on the Journal of each House respectively. * * *.

      Under the usual <> practice,
    bills are considered to have been presented to the President at the time
    they are delivered to the White House. In 1959, bills delivered to the
    White House while the President was abroad were held for presentation to
    the President upon his return to the United States by the White House.
    The United States Court of Claims held, in Eber Bros. Wine and Liquor
    Corp. v. United States, 337 F.2d 624 (1964), cert. denied, 380 U.S. 950
    (1965), that where the President had determined, with the informal
    acquiescence of leaders of Congress, that bills from the Congress were
    to be received at the White House only for presentation to him upon his
    return to the United States and the bill delivered to the White House
    was so stamped, the Presidential veto of the bill more than 10 days
    after delivery to the White House but less than 10 days after his return
    to the country was timely. The second session of the 89th Congress
    adjourned sine die while President Johnson was on an Asian tour and
    receipts for bills delivered to the White House during that time were
    marked in like manner. The approval of a bill by the President of the
    United States is valid only with his signature (IV, 3490). Prior to the
    adoption of the 20th amendment to the Constitution, at the close of a
    Congress, when the two Houses prolonged their sessions into the forenoon
    of March 4, the approvals were dated on the prior legislative day, as
    the legislative portion of March 4 belonged to the term of the new
    Congress. In one instance, however, bills signed on the forenoon of
    March 4 were dated as of that day with the hour and minute of approval
    given with the date (IV, 3489). The 20th amendment to the Constitution
    changed the date of meeting of the Congress to January 3d. The act of
    President Tyler in filing with a bill an

    [[Page [52]]]

    exposition of his reasons for signing it was examined and severely
    criticized by a committee of the House (IV, 3492); and in 1842 a
    committee of the House discussed the act of President Jackson in writing
    above his signature of approval a memorandum of his construction of the
    bill (IV, 3492). But where the President has accompanied his message
    announcing the approval with a statement of his reasons there has been
    no question in the House (IV, 3491). The statutes require that bills
    signed by the President shall be received by the Archivist of the United
    States and deposited in his office (1 U.S.C. 106a). Formerly these bills
    were received by the Secretary of State (IV, 3485) and deposited in his
    office (IV, 3429).
      Notice of the <> signature of a bill by the President is sent by message to
    the House in which it originated (VII, 1089) and that House informs the
    other (IV, 3429). But this notice is not necessary to the validity of
    the act (IV, 3495). Sometimes, at the close of a Congress the President
    informs the House of such bills as he has approved and of such as he has
    allowed to fail (IV, 3499-3502). In one instance he communicated his
    omission to sign a bill through the committee appointed to notify him
    that Congress was about to adjourn (IV, 3504). A bill that had not
    actually passed having been signed by the President, he disregarded it
    and a new bill was passed (IV, 3498). Messages of the President giving
    notice of bills approved are entered in the Journal and published in the
    Congressional Record (V, 6593).
      A message withholding <> approval of a bill, called a veto message, is sent to the House
    in which the bill originated; but it has been held that such a message
    may not be returned to the President on his request after it has been
    laid before the Senate (IV, 3521). Instance where a veto message which
    had not been laid before the House was returned to the President on his
    request (Aug. 1, 1946, p. 10651). A vetoed bill received in the House by
    way of the Senate is considered as if received directly from the
    President and supersedes the regular order of business (IV, 3537; VII,
    1109). A veto message may not be read in the absence of a quorum, even
    though the House be about to adjourn sine die (IV, 3522; VII, 1094); but
    the message may be read and acted on at the next session of the same
    Congress (IV, 3522). When the President has been prevented by
    adjournment from returning a bill with his objections he has sometimes
    at the next session communicated his reasons for not approving (V, 6618-
    6620).
      Although the ordinary form of a return veto is a message under seal
    returning the enrollment with a statement of the President's objections,
    an enrolled House bill returned to the Clerk during the August recess
    with a ``memorandum of disapproval'' setting forth the objections of the
    President was considered as a return veto (Sept. 11, 1991, p. 22643).

    [[Page [53]]]

      It is possible, <> although not invariable, that a bill returned with the
    objections of the President shall be voted on at once (IV, 3534-3536)
    and when laid before the House the question on the passage is considered
    as pending and no motion from the floor is required (VII, 1097-1099),
    but it has been held that the constitutional mandate that ``the House
    shall proceed to consider'' means that the House shall immediately
    proceed to consider it under the Rules of the House, such that the
    ordinary motions under the Rules of the House (e.g., to refer or to
    postpone to a day certain) are in order (IV, 3542-3550; VII, 1100, 1105,
    1113; Speaker Wright, Aug. 3, 1988, p. 20280) and (for the stated
    examples) debatable under the hour rule (VIII, 2740). Although under
    clause 4 of rule XVI, and under the precedents the motion for the
    previous question takes precedence over motions to postpone or to refer
    when a question is under debate, where the Speaker has laid before the
    House a veto message from the President but has not yet stated the
    question to be on overriding the veto, that question is not ``under
    debate'' and the motion for the previous question does not take
    precedence (Speaker Wright, Aug. 3, 1988; Procedure, ch. 24, Sec. 15.8).
    A resolution asserting that to recognize for a motion to refer a veto
    message before stating the question on overriding the veto would
    interfere with the constitutional prerogative of the House to proceed to
    that question, and directing the Speaker to state the question on
    overriding the veto as pending before recognizing for a motion to refer,
    did not give rise to a question of the privileges of the House (Speaker
    Wright, Aug. 3, 1988, p. 20281). A motion to refer a vetoed bill, either
    with or without the message, has been held allowable within the
    constitutional mandate that the House ``shall proceed to reconsider''
    (IV, 3550; VII, 1104, 1105, 1108, 1114), and in the 101st Congress, a
    veto pending as unfinished business was referred with instructions to
    consider and report promptly (Jan. 24, 1990, p. 421). But while the
    ordinary motion to refer may be applied to a vetoed bill, it is not in
    order to move to recommit it pending the demand for the previous
    question or after it is ordered (IV, 3551; VII, 1102). When a veto
    message is before the House for consideration de novo or as unfinished
    business, a motion to refer the message to committee takes precedence
    over the question of passing the bill, the objections of the President
    to the contrary notwithstanding (Procedure, ch. 24, Sec. 15.8; Oct. 25,
    1983, p. 29188), but the motion to refer may be laid on the table (Oct.
    25, 1983, p. 29188). A vetoed bill having been rejected by the House,
    the message was referred (IV, 3552; VII, 1103). Committees to which
    vetoed bills have been referred have sometimes neglected to report (IV,
    3523, 3550, footnotes; VII, 1108, 1114).
      A vetoed bill may be laid on the table (IV, 3549; VII, 1105), but it
    is still highly privileged and a motion to take it from the table is in
    order at any time (IV, 3550; V, 5439). Also a motion to discharge a
    committee from the consideration of such a bill is privileged (IV, 3532;
    Aug. 4, 1988, p. 20365; Sept. 19, 1996, p. 23815) and (in the modern
    practice) is debatable

    [[Page [54]]]

    (Mar. 7, 1990, p. 3620) but is subject to the motion to lay on the table
    (Sept. 7, 1965, p. 22958; Aug. 4, 1988, p. 20365). When the motion to
    discharge is agreed to, the veto message is pending as unfinished
    business (Mar. 7, 1990, p. 3621). While a vetoed bill is always
    privileged, the same is not true of a bill reported in lieu of it (IV,
    3531; VII, 1103).
      If two-thirds of <> the
    House to which a bill is returned with the President's objections agree
    to pass it, and then two-thirds of the other House also agree, it
    becomes a law (IV, 3520). The yeas and nays are required to pass a bill
    over the President's veto (art. I, sec. 7; IV, 2726, 3520; VII, 1110).
    The two-thirds vote required to pass the bill is two-thirds of the
    Members present and voting and not two-thirds of the total membership of
    the House (IV, 3537, 3538; Missouri Pac. Ry. Co. v. Kansas, 248 U.S. 276
    (1919)). Only Members voting should be considered in determining whether
    two-thirds voted in the affirmative (VII, 1111). The motion to
    reconsider may not be applied to the vote on reconsideration of a bill
    returned with the objections of the President (V, 5644; VIII, 2778).
      It is the practice for one House to inform the other by message of its
    decision that a bill returned with the objections of the President shall
    not pass (IV, 3539-3541). A bill passed notwithstanding the objections
    of the President is sent by the presiding officer of the House which
    last acts on it to the Archivist, who receives it and deposits it in his
    office (1 U.S.C. 106a). Formerly these bills were sent to the Secretary
    of State (IV, 3524) and deposited in his office (IV, 3485).
      A bill incorrectly <> enrolled has been recalled from the President, who erased
    his signature (IV, 3506). Bills sent to the President but not yet signed
    by him are sometimes recalled by concurrent resolution of the two Houses
    (IV, 3507-3509; VII, 1091; Sept. 4, 1962, p. 18405; May 6, 1974, p.
    13076), and amended; but this proceeding is regarded as irregular (IV,
    3510-3518). When the two Houses of Congress request the President by
    concurrent resolution to return an enrolled bill delivered to him and
    the President honors the request, the ten-day period under this clause
    runs anew from the time the bill is re-enrolled and is again presented
    to the President. Thus, in the 93d Congress the President returned on
    May 7, 1974 a bill pursuant to the request of Congress (H. Con. Res.
    485, May 6, 1974, p. 13076). The bill was again enrolled, presented to
    the President on May 7, and marked ``received May 7'' at the White
    House. An error in an enrolled bill that has gone to the President may
    also be corrected by a joint resolution (IV, 3519; VII, 1092). In the
    99th Congress, two enrollments of a continuing appropriation bill for FY
    1987 were presented to and signed by the President, the second
    correcting an omission in the first (see P.L. 99-500 and 99-591). In
    Clinton v.  City of New York, 524 U.S. 417 (1998), the Supreme Court
    held that the cancellation procedures of the Line Item Veto Act violated
    the presentment clause of article I, section 7 of the Constitution.

    [[Page [55]]]

    For a discussion of the operation of the Act during the period of its
    effectiveness, see Sec. 1130, infra.
      Decisions <> of the Supreme
    Court of the United States: Matthews v. Zane, 20 U.S. (7 Wheat.) 164
    (1822); Gardner v. Collector, 73 U.S. (6 Wall.) 499 (1868); Lapeyre v.
    United States, 84 U.S. (17 Wall.) 191 (1873); La Abra Silver Mining Co.
    v. United States, 175 U.S. 423 (1899); Missouri Pacific Railway Co. v.
    Kansas, 248 U.S. 276 (1919); Edwards v. United States, 286 U.S. 482
    (1932); Wright v. United States, 302 U.S. 583 (1938); Clinton v. City of
    New York, 524 U.S. 417 (1998).

      * * * If any <> Bill shall not be returned by the President
    within ten Days (Sundays excepted) after it shall have been presented to
    him, the Same shall be a Law, in like Manner as if he had signed it,
    unless the Congress by their Adjournment prevent its Return, in which
    Case it shall not be a Law.

      A bill signed by the President within 10 days (Sunday excepted) after
    it has been presented to him becomes a law even though such signing
    takes place when Congress is not in session, whether during the period
    of an adjournment to a day certain or after the final adjournment of a
    session. Presidents currently sign bills after sine die adjournment but
    within 10 days after their receipt. President Truman signed several
    bills passed in the 81st Congress after the convening of the 82d
    Congress but within 10 days (P.L. 910-921; 64 Stat. 1221-1257); and
    President Reagan approved bills passed in the 97th Congress which were
    presented after the convening of the 98th Congress. It was formerly
    contended that the President might not approve bills during a recess
    (IV, 3493, 3494), and in one instance, in 1864, when the President
    signed a bill after final adjournment of Congress but within 10 days
    grave doubts were raised and an adverse report was made by a House
    committee (IV, 3497). Later opinions of the Attorney General have been
    to the effect that the President has the power to approve bills within
    10 days after they have been presented to him during the period of an
    adjournment to a day certain (IV, 3496) and after an adjournment sine
    die (VII, 1088). The Supreme Court has held valid as laws bills signed
    by the President within 10 days during a recess for a specified time (La
    Abra Silver Mining Co. v. United States, 175 U.S. 451 (1899); IV, 3495)
    and also those signed after an adjournment sine die (Edwards v. United
    States, 286 U.S. 482 (1932)).
      A bill which <> is passed by both
    Houses of Congress during the first regular session of a Congress and
    presented to the President less than 10 days (Sundays excepted) before
    the sine die adjournment of that session, but is neither signed by the
    President,

    [[Page [56]]]

    nor returned by him to the House in which it originated, does not become
    a law (``The Pocket Veto Case,'' 279 U.S. 655 (1929); VII, 1115).
    President Truman during an adjournment to a day certain pocket vetoed
    several bills passed by the 81st Congress and also, after the convening
    of the 82d Congress, pocket vetoed one bill passed in the 81st Congress.
    The Supreme Court has held that the adjournment of the House of origin
    for not exceeding three days while the other branch of the Congress
    remained in session, did not prevent a return of the vetoed bill to the
    House of origin (Wright v. United States, 302 U.S. 583 (1938)).
      Doubt has existed <> as to whether a bill which remains with the President 10 days
    without his signature, Congress meanwhile before the tenth day having
    adjourned to a day certain, becomes a law (IV, 3483, 3496; VII, 1115);
    an opinion of the Attorney General in 1943 stated that under such
    circumstances a bill not signed by the President did not become a law
    (40 Op. Att'y Gen. 274 (1943)). However, more recently, where a Member
    of the Senate challenged in Federal court the effectiveness of such a
    pocket veto, a United States Court of Appeals held that a Senate bill
    could not be pocket-vetoed by the President during an ``intrasession''
    adjournment of Congress to a day certain for more than three days, where
    the Secretary of the Senate had been authorized to receive Presidential
    messages during such adjournment. Kennedy v. Sampson, 511 F.2d 430 (D.C.
    Cir., 1974). See also Kennedy v. Jones, 412 F. Supp. 353 (D.D.C. 1976).
    Following a consent decree in this case, it was announced that President
    Ford would utilize a ``return'' veto, subject to override, in
    intersession and intrasession adjournments where authority exists for
    the appropriate House to receive such messages notwithstanding the
    adjournment.
      In the 101st Congress, when President Bush returned an enrolled bill
    during the intersession adjournment, not by way of message under seal
    but with a ``memorandum of disapproval'' setting forth his objections,
    the House treated it as a return veto subject to override under article
    I, section 7 (Jan. 23, 1990, p. 4). Similarly, in the 102d Congress, an
    enrolled House bill returned to the Clerk during the August recess, not
    by way of message under seal but with a ``memorandum of disapproval''
    setting forth the objections of the President, was considered as a
    return veto (Sept. 11, 1991, p. 22643). Also in the 102d Congress,
    President Bush purported on December 20, 1991, to pocket veto a bill (S.
    1176) that was presented to him on December 9, 1991, notwithstanding
    that the Congress was in an intrasession adjournment (from Nov. 27,
    1991, until 11:55 a.m., Jan. 3, 1992) rather than an adjournment sine
    die (see Jan. 23, 1992 [Daily Digest]); and during debate on a
    subsequent bill (S. 2184) purporting to repeal the provisions of S. 1176
    and to enact instead provisions acceding to the objections of the
    President, the Speaker inserted remarks on the pocket veto in light of
    modern congressional practice concerning the receipt of messages and
    communications during recesses and adjournments (Mar. 3, 1992, p. 4081).

    [[Page [57]]]

      In the 93d Congress, the President returned a House bill without his
    signature to the Clerk of the House, who had been authorized to receive
    messages from the President during an adjournment to a day certain, and
    the President asserted in his veto message that he had ``pocket vetoed''
    the bill during the adjournment of the House to a day certain. The House
    regarded the President's return of the bill without his signature as a
    veto within the meaning of article I, section 7 of the Constitution and
    proceeded to reconsider and to pass the bill over the President's veto,
    after postponing consideration to a subsequent day (motion to postpone,
    Nov. 18, 1974, p. 36246; veto override, Nov. 20, 1974, p. 36621).
    Subsequently, on November 21, 1974, the Senate also voted to override
    the veto (p. 36882) and pursuant to 1 U.S.C. 106a the Enrolling Clerk of
    the Senate forwarded the bill to the Archives for publication as a
    public law. The Administrator of General Services at the Archives (now
    Archivist), upon instructions from the Department of Justice, declined
    to promulgate the bill as public law on the day received. The question
    as to the efficacy of the congressional action in passing the bill over
    the President's veto was mooted when the House and Senate passed on
    November 26, 1974 (pp. 37406, 37603), an identical bill which was signed
    into law on December 7, 1974 (P.L. 93-516). On similar occasions, when
    the President has asserted a ``pocket veto,'' the House has regarded the
    President's actual return of the bill without his signature as a veto
    within the meaning of article I, section 7 of the Constitution and
    proceeded to reconsider the bill over the President's objections (Jan.
    23, 1990, p. 3; Sept. 6, 2000, p. ----; Nov. 13, 2000, p. ----).
      As part of the concurrent resolution providing for the sine die
    adjournments of the first sessions of the 101st Congress and 105th
    Congress, the Congress reaffirmed its position that an intersession
    adjournment did not prevent the return of a bill where the Clerk and the
    Secretary of the Senate were authorized to receive messages during the
    adjournment (H. Con. Res. 239, Nov. 21, 1989, p. 31156; S. Con. Res. 68,
    Nov. 13, 1997, p. ----). For the views of the Speaker, the Minority
    Leader, and the Attorney General concerning pocket veto authority during
    an intrasession adjournment, see correspondence inserted in the
    Congressional Record (Jan. 23, 1990, p. 3; Sept. 19, 2000, p. ----; Nov.
    13, 2000, p. ----); and for discussions of the constitutionality of
    intersession or intrasession pocket vetoes see Kennedy, ``Congress, The
    President, and The Pocket Veto,'' 63 Va. L. Rev. 355 (1977), and
    Hearing, Subcommittee on Legislative Process, Committee on Rules, on
    H.R. 849, 101st Congress.
      Decisions <> of the Supreme
    Court of the United States: La Abra Silver Mining Co. v. United States,
    175 U.S. 423 (1899); Wilkes County v. Coler, 180 U.S. 506 (1901); the
    Pocket Veto Case, 279 U.S. 655 (1929); Edwards v. United States, 286
    U.S. 482 (1932); Wright v. United States, 302 U.S. 583 (1938); Burke v.
    Barnes, 479 U.S. 361 (1987) (vacating and remanding as moot the decision
    sub nom. Barnes v. Kline, 759 F.2d 21 (D.C. Cir. 1984)).

    [[Page [58]]]

      \3\ Every Order, <> Resolution, or Vote to which the Concurrence
    of the Senate and House of Representatives may be necessary (except on a
    question of Adjournment) shall be presented to the President of the
    United States; and before the Same shall take Effect, shall be approved
    by him, or being disapproved by him, shall be repassed by two thirds of
    the Senate and House of Representatives, according to the Rules and
    Limitations prescribed in the Case of a Bill.

      It has been settled conclusively that a joint resolution proposing an
    amendment to the Constitution should not be presented to the President
    for his approval (V, 7040; Hollingsworth v. Virginia, 3 U.S. (3 Dall.)
    378 (1798)). Such joint resolutions, after passage by both Houses, are
    presented to the Archivist (1 U.S.C. 106b). Although the requirement of
    the Constitution seems specific, the practice of Congress has been to
    present to the President for approval only such concurrent resolutions
    as are legislative in effect (IV, 3483, 3484) which is not within the
    scope of the modern form of concurrent resolutions. See Sec. 192, infra,
    for a discussion of Presidential approval of a joint resolution
    extending the period for State ratification of a constitutional
    amendment already submitted to the States. For discussion of
    ``Congressional Disapproval'' provisions contained in public laws, see
    Sec. 1130, infra.
      Decisions <> of the Supreme
    Court of the United States: Field v. Clark, 143 U.S. 649 (1892); United
    States v. Ballin, 144 U.S. 1 (1892); Fourteen Diamond Rings v. United
    States, 183 U.S. 176 (1901); INS v. Chadha, 462 U.S. 919 (1983); Process
    Gas Consumer's Group v. Consumer Energy Council of America 463 U.S. 1216
    (1983).

      Section 8. The Congress <> shall
    have Power \1\ To lay and collect Taxes, Duties, Imposts and Excises, to
    pay the Debts and provide for the common Defence and general Welfare of
    the United States; but all Duties, Imposts and Excises shall be uniform
    throughout the United States;

    [[Page [59]]]

    <>   \2\ To borrow Money on the
    credit of the United States:
      \3\ To regulate <> Commerce with
    foreign Nations, and among the several States, and with the Indian
    Tribes;
      \4\ To establish <> an
    uniform Rule of Naturalization, and uniform Laws on the subject of
    Bankruptcies throughout the United States;
    <>   \5\ To coin Money,
    regulate the Value thereof, and of foreign Coin, and fix the Standard of
    Weights and Measures;
      \6\ To provide <> for the Punishment
    of counterfeiting the Securities and current Coin of the United States;-
    -
    <>   \7\ To establish Post
    Offices and Post Roads;
      \8\ To promote <> the
    Progress of Science and useful Arts, by securing for limited Times to
    Authors and Inventors the exclusive Right to their respective Writings
    and Discoveries;
    <>   \9\ To constitute Tribunals
    inferior to the supreme Court;
    <>   \10\
    To define and punish Piracies and Felonies committed on the high Seas,
    and Offenses against the Law of Nations;
    <>   \11\
    To declare War, grant Letters of Marque and Reprisal, and make Rules
    concerning Captures on Land and Water;

    [[Page [60]]]

      In the 93d <> Congress, the Congress passed over the President's veto
    Public Law 93-148, relating to the power of Congress to declare war
    under this clause and the power of the President as Commander in Chief
    under article II, section 2, clause 1 (Sec. 178, infra). The law
    requires that the President report to Congress on the introduction of
    United States Armed Forces in the absence of a declaration of war. The
    President must terminate use of the Armed Forces unless Congress, within
    60 calendar days after a report is submitted or is required to be
    submitted, (1) declares war or authorizes use of the Armed Forces; (2)
    extends by law the 60-day period; or (3) is physically unable to meet as
    result of armed attack. The Act also provided that Congress could adopt
    a concurrent resolution requiring the removal of Armed Forces engaged in
    foreign hostilities, a provision which should be read in light of INS v.
    Chadha, 462 U.S. 919 (1983). Sections 6 and 7 of the Act provide
    congressional procedures for joint resolutions, bills, and concurrent
    resolutions introduced pursuant to the provisions of the Act (see
    Sec. 1130, infra). For further discussion of that Act, and war powers
    generally, see Deschler, ch. 13.

      \12\ To raise <> and
    support Armies, but no Appropriation of Money to that Use shall be for a
    longer Term than two Years;
    <>   \13\ To provide and
    maintain a Navy;
    <>   \14\ To make Rules for the
    Government and Regulation of the land and naval Forces;
      \15\ To provide <> for
    calling forth the Militia to execute the Laws of the Union, suppress
    Insurrections and repel Invasions;
      \16\ To provide <> for
    organizing, arming, and disciplining, the Militia, and for governing
    such Part of them as may be employed in the Service of the United
    States, reserving to the States respectively, the Appointment of the
    Officers, and the Authority of train

    [[Page [61]]]

    ing the Militia according to the discipline prescribed by Congress;
      \17\ To exercise <> exclusive Legislation in all Cases whatsoever, over such
    District (not exceeding ten Miles square) as may, by Cession of
    particular States, and the Acceptance of Congress, become the Seat of
    the Government of the United States, and to exercise like Authority over
    all Places purchased by the Consent of the Legislature of the State in
    which the Same shall be, for the Erection of Forts, Magazines, Arsenals,
    dock-Yards, and other needful Buildings;--And

      Congress has provided <> by law that ``all that part of the territory
    of the United States included within the present limits of the District
    of Columbia shall be the permanent seat of government of the United
    States'' (4 U.S.C. 71). Pursuant to its authority under this clause,
    Congress provided in 1970 for the people of the District of Columbia to
    be represented in the House of Representatives by a Delegate and for a
    Commission to report to the Congress on the organization of the
    government of the District of Columbia (P.L. 91-405; 84 Stat. 845). For
    the powers and duties of the Delegate from the District of Columbia, see
    rule III (Sec. 675, infra) and Deschler, ch. 7, Sec. 3. In 1973,
    Congress passed the District of Columbia Self-Government and
    Governmental Reorganization Act, which reorganized the governmental
    structure of the District, provided a charter for local government
    subject to acceptance by a majority of the registered qualified voters
    of the District, delegated certain legislative powers to the District,
    and implemented certain recommendations of the Commission on the
    Organization of the Government of the District of Columbia (P.L. 93-198;
    87 Stat. 774). Section 604 of that Act provides for congressional action
    on certain district matters by providing a procedure for approval and
    disapproval of certain actions by the District of Columbia Council. The
    section, as amended by Public Law 98-473, permits a highly privileged
    motion to discharge a joint resolution of approval or disapproval which
    has not been reported by the committee to which referred within 20
    calendar days after its introduction (see Sec. 1130, infra).

    -
    [[Page [62]]]

      \18\ To make <> all Laws
    which shall be necessary and proper for carrying into Execution the
    foregoing Powers, and all other Powers vested by this Constitution in
    the Government of the United States, or in any Department or Officer
    thereof.

      Section 9. \1\ The <> Migration or Importation of such Persons as any of the States
    now existing shall think proper to admit, shall not be prohibited by the
    Congress prior to the Year one thousand eight hundred and eight, but a
    Tax or duty may be imposed on such Importation, not exceeding ten
    dollars for each Person.
      \2\ The Privilege of <> the
    Writ of Habeas Corpus shall not be suspended, unless when in Cases of
    Rebellion or Invasion the public Safety may require it.
    <>   \3\ No
    Bill of Attainder or ex post facto Law shall be passed.
      \4\ [No Capitation, <> or other direct, tax shall be laid, unless in Proportion to the
    Census or Enumeration herein before directed to be taken.]

      This provision was changed in 1913 by the 16th amendment to the
    Constitution.
    <>   \5\ No Tax or Duty shall be laid on
    Articles exported from any State.
      \6\ No Preference <> shall be
    given by any Regulation of Commerce or Revenue to the Ports of one State
    over those of another: nor shall Vessels bound to, or from, one

    [[Page [63]]]

    State, be obliged to enter, clear, or pay Duties in another.
      \7\ No Money <> shall be drawn from the Treasury, but in Consequence of
    Appropriations made by Law; and a regular Statement and Account of the
    Receipts and Expenditures of all public Money shall be published from
    time to time.
      \8\ No Title of <> Nobility shall be granted by the United States: And no
    Person holding any Office of Profit or Trust under them, shall, without
    the Consent of the Congress, accept of any present, Emolument, Office,
    or Title, of any kind whatever, from any King, Prince, or foreign State.

      Consent has been <> granted to officers and employees of the government,
    under enumerated conditions, to accept certain gifts and decorations
    from foreign governments (see 5 U.S.C. 7342). The adoption of this act
    largely has obviated the practice of passing private bills to permit the
    officer or employee to retain the award. However, where the Speaker (who
    was one of the officers empowered by an earlier law to approve retention
    of decorations by Members of the House) was himself tendered an award
    from a foreign government, a private law (Private Law 91-244) was
    enacted to permit him to accept and wear the award so that he would not
    be in the position of reviewing his own application under the provisions
    of the law.
      Public Law 95-105 amended the Foreign Gifts and Decorations Act (now 5
    U.S.C. 7342) to designate the Committee on Standards of Official Conduct
    of the House of Representatives as the employing agency for the House
    with respect to foreign gifts and decorations received by Members and
    employees; under that statute the Committee may approve the acceptance
    of foreign decorations and has promulgated regulations to carry out the
    Act with respect to Members and employees (Jan. 23, 1978, p. 452), and
    disposes of foreign gifts which may not be retained by the donee.
      Opinions of Attorneys General:
      Gifts from Foreign Prince, 24 Op. Att'y Gen. 117 (1902); Foreign
    Diplomatic Commission, 13 Op. Att'y Gen. 538 (1871); Marshal of Florida,
    6 Op. Att'y Gen. 409 (1854).

    [[Page [64]]]

      Section 10. \1\ No <> State shall
    enter into any Treaty, Alliance, or Confederation; grant Letters of
    Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing
    but gold and silver Coin a Tender in Payment of Debts; pass any Bill of
    Attainder, ex post facto Law, or Law impairing the Obligation of
    Contracts, or grant any Title of Nobility.
      \2\ No State <> shall, without the Consent of the Congress, lay any Imposts or
    Duties on Imports or Exports, except what may be absolutely necessary
    for executing it's inspection Laws: and the net Produce of all Duties
    and Imposts, laid by any State on Imports or Exports, shall be for the
    Use of the Treasury of the United States; and all such Laws shall be
    subject to the Revision and Controul of the Congress.
      \3\ No State <> shall, without the Consent of Congress, lay
    any Duty of Tonnage, keep Troops, or Ships of War in time of Peace,
    enter into any Agreement or Compact with another State, or with a
    foreign Power, or engage in War, unless actually invaded, or in such
    imminent Danger as will not admit of delay.

    [DOCID:hd284-3]
                                   ARTICLE II.

      Section 1. \1\ The <> executive Power shall be vested in a President of the
    United States of America. He shall hold his Office during the Term of
    four

    [[Page [65]]]

    years, and together with the Vice President, chosen for the same Term,
    be elected, as follows:

      George <> Washington took the oath of office, as the first President on
    April 30, 1789 (III, 1986). The two Houses of the First Congress found,
    after examination by a joint committee, that by provisions made in the
    Federal Constitution and by the Continental Congress, the term of the
    President had, notwithstanding begun on March 4, 1789 (I, 3). The 20th
    amendment, declared to have been ratified on February 6, 1933, provides
    that Presidential terms shall end and successor terms shall begin at
    noon on January 20. Thus, Franklin D. Roosevelt's first term began on
    March 4, 1933, but ended at noon on January 20, 1937. Formerly, when
    March 4 fell on Sunday, the public inauguration of the President
    occurred at noon on March 5 (III, 1996; VI, 449). Following ratification
    of the 20th amendment, the first time inauguration day fell on Sunday
    was January 20, 1957, and Dwight David Eisenhower took the oath for his
    second term in a private ceremony at the White House on that day
    followed by a public inauguration ceremony on the steps of the East
    Front of the Capitol on Monday, January 21, 1957. A similar scenario was
    followed at the beginning of President Reagan's second term, with the
    oath being given at the White House on January 20, 1985, followed by a
    public ceremony on Monday, January 21, in the Rotunda of the Capitol.
    The 22d amendment provides that no person shall be elected President
    more than twice.

      \2\ Each <> State shall appoint, in such Manner as the
    Legislature thereof may direct, a Number of Electors, equal to the whole
    Number of Senators and Representatives to which the State may be
    entitled in the Congress; but no Senator or Representative, or Person
    holding an Office of Trust or Profit under the United States, shall be
    appointed an Elector.

      Questions <> of the qualifications of electors have arisen, and in one
    instance certain ones were found disqualified, but as their number was
    not sufficient to affect the result and as there was doubt as to what
    tribunal should pass on the question the votes were counted (III, 1941).
    In other cases there were objections, but the votes were counted (III,
    1972-1974, 1979). In one instance an elector found to be disqualified
    resigned both offices, whereupon he was made eligible to fill the
    vacancy thus caused among electors (III, 1975).

    [[Page [66]]]

      \3\ [The <> Electors
    shall meet in their respective States and vote by Ballot for two
    Persons, of whom one at least shall not be an Inhabitant of the same
    State with themselves. And they shall make a List of all the Persons
    voted for, and of the Number of Votes for each; which List they shall
    sign and certify, and transmit sealed to the Seat of Government of the
    United States, directed to the President of the Senate. The President of
    the Senate shall, in the presence of the Senate and House of
    Representatives, open all the Certificates, and the Votes shall then be
    counted. The Person having the greatest Number of Votes shall be the
    President, if such Number be a majority of the whole Number of Electors
    appointed: and if there be more than one who have such Majority, and
    have an equal Number of Votes, then the House of Representatives shall
    immediately chuse by Ballot one of them for President; and if no Person
    have a Majority, then from the five highest on the List the said House
    shall in like manner chuse the President. But in chusing the President,
    the Votes shall be taken by States, the Representation from each State
    having one Vote; A quorum for this purpose shall consist of a Member or
    Members from two thirds of the States, and a Majority of all the States
    shall be necessary to a Choice. In every Case, after the Choice of the
    President, the Person having the greatest Number of Votes of the
    Electors shall be the Vice President. But if there should remain two or

    [[Page [67]]]

    more who have equal Votes, the Senate shall chuse from them by Ballot
    the Vice-President.]

      This third clause of article II, section 1 was superseded by the 12th
    amendment (see Sec. Sec. 219-223, infra).

    <>   \4\ The Congress may determine the Time of chusing
    the Electors, and the Day on which they shall give their Votes; which
    Day shall be the same throughout the United States.

      The time for choosing electors has been fixed on ``the Tuesday next
    after the first Monday in November, in every fourth year''; and the
    electors in each State ``meet and give in their votes on the first
    Monday after the second Wednesday in December next following their
    appointment, at such place in each State as the legislature of such
    State shall direct'' (III, 1914; VI, 438; 3 U.S.C. 1, 7). The statutes
    also provide for transmitting to the President of the Senate
    certificates of the appointment of the electors and of their votes (III,
    1915-1917; VI, 439; 3 U.S.C. 11).

      \5\ No <> Person except a natural born Citizen, or a Citizen of the
    United States, at the time of the Adoption of this Constitution, shall
    be eligible to the Office of President; neither shall any Person be
    eligible to that Office who shall not have attained to the Age of thirty
    five Years, and been fourteen Years a Resident within the United States.
      \6\ In <> Case of
    the Removal of the President from Office, or of his Death, Resignation,
    or Inability to discharge the Powers and Duties of the said Office, the
    Same shall devolve on the Vice President, and the Congress may by Law
    provide for the Case of Removal, Death, Resignation or Inability, both
    of the President and Vice President, declaring what Officer shall then
    act

    [[Page [68]]]

    as President, and such Officer shall act accordingly, until the
    Disability be removed, or a President shall be elected.

      Amendment <> XXV
    provides for filling a vacancy in the Office of the Vice President and,
    when the President is unable to perform the duties of his office, for
    the Vice President to assume those powers and duties as Acting
    President. During the 93d Congress, President Richard M. Nixon resigned
    from office on August 9, 1974, by delivering a signed resignation to the
    Office of the Secretary of State, pursuant to 3 U.S.C. 20. Pursuant to
    amendment XXV, Vice President Gerald R. Ford became President and the
    House and Senate confirmed his nominee, Nelson A. Rockefeller, to become
    Vice President (December 19, 1974, p. 41516).
      Congress has also provided for the performance of the duties of the
    President in case of removal, death, resignation or inability, both of
    the President and Vice President (3 U.S.C. 19).

      \7\ The <> President
    shall, at stated Times, receive for his Services, a Compensation, which
    shall neither be encreased nor diminished during the Period for which he
    shall have been elected, and he shall not receive within that Period any
    other Emolument from the United States, or any of them.

      The compensation of the President, formerly fixed at $200,000 per
    annum (3 U.S.C. 102), was increased to $400,000, effective January 20,
    2001 (P.L. 106-59). In addition the law provides an expense allowance of
    $50,000 (3 U.S.C. 102), and authorizes a travel allowance of not to
    exceed $100,000 (3 U.S.C. 103).

      \8\ Before <> he enter on the
    Execution of his Office, he shall take the following Oath or
    Affirmation:--``I do solemnly swear (or affirm) that I will faithfully
    execute the Office of President of the United States, and will to the
    best of my Ability, preserve, protect and defend the Constitution of the
    United States.''

    [[Page [69]]]

      The <> taking of this
    oath, which is termed the inauguration, is made the occasion of certain
    ceremonies which are arranged for by a joint committee of the two Houses
    (III, 1998, 1999; VI, 451). For many years the oath was normally taken
    at the east portico of the Capitol, although in earlier years it was
    taken in the Senate Chamber or Hall of the House (III, 1986-1995). On
    March 4, 1909, owing to inclemency of the weather, the President-elect
    took the oath and delivered his inaugural address in the Senate Chamber
    (VI, 447). And when Vice President Fillmore succeeded to the vacancy in
    the Office of President, Congress being in session, he took the oath in
    the Hall of the House in the presence of the Senate and House (III,
    1997). In 1945 Franklin D. Roosevelt, who had been elected for his
    fourth term as President, took the oath of office on the south portico
    at the White House. On August 9, 1974, Gerald R. Ford, who as Vice
    President succeeded to the Presidency following the resignation of
    President Nixon on that day, was sworn in in the East Room of the White
    House. The West Front of the Capitol was first used for the inaugural
    ceremony for Ronald W. Reagan, Jan. 20, 1981. Because of extreme cold,
    the public administration of the oath was for the first time held in the
    Rotunda of the Capitol, rather than on the West Front, as scheduled, on
    January 21, 1985. Permission for such use is authorized by concurrent
    resolution (see, e.g., S. Con. Res. 144, 98th Cong. Oct. 9, 1984, p.
    30926).

      Section 2. \1\ The <> President shall be Commander in Chief of the Army and Navy of
    the United States, and of the Militia of the several States, when called
    into the actual Service of the United States; he may require
    the <> Opinion,
    in writing, of the principal Officer in each of the executive
    Departments, upon any Subject relating to the Duties of their
    respective <> Offices, and he shall have Power to grant Reprieves and
    Pardons for Offences against the United States, except in Cases of
    Impeachment.

      In <> the
    93d Congress, the Congress passed over the President's veto Public Law
    93-148, relating to the power of Congress to declare war under article
    I, section 8, clause 11 (Sec. 127, supra) and the power of the President
    as Commander in Chief. For further discussion of the reports to Con

    [[Page [70]]]

    gress required and the procedure for congressional action provided under
    Public Law 93-148, see Sec. 128, supra.
      In <> 1974, President
    Ford exercised his power under the last phrase of this clause by
    pardoning former President Nixon for any crimes he might have committed
    during a certain period in office (Proclamation 4311, September 8,
    1974). The former President had resigned following an impeachment
    inquiry in the House and the decision of the Committee on the Judiciary
    to report to the House recommending his impeachment by the House (Aug.
    20, 1974, p. 29219).

      \2\ He <> shall have Power,
    by and with the Advice and Consent of the Senate, to make Treaties,
    provided two thirds of the Senators present concur; and he shall
    nominate, and by and with the Advice and Consent of the Senate, shall
    appoint Ambassadors, <> other public Ministers and Consuls, Judges of the Supreme
    Court, and all other Officers of the United States, whose Appointments
    are not herein otherwise provided for, and which shall be established by
    Law; but the Congress may by Law vest the Appointment of such inferior
    Officers, as they think proper, in the President alone, in the Courts of
    Law, or in the Heads of Departments.

      The power of the President to appoint diplomatic representatives to
    foreign governments and to determine their rank is derived from the
    Constitution and may not be circumscribed by statutory enactments (VII,
    1248). In Buckley v. Valeo, 424 U.S. 1 (1976) the Supreme Court held
    that any appointee exercising significant authority (not merely internal
    delegable authorities within the legislative branch) pursuant to the
    laws of the United States is an Officer of the United States and must
    therefore be appointed pursuant to this clause, and that Congress cannot
    by law vest such appointment authority in its own officers or require
    that Presidential appointments be subject to confirmation by both
    Houses.

    [[Page [71]]]

      \3\ The <> President shall have Power to fill up all
    Vacancies that may happen during the Recess of the Senate, by granting
    Commissions which shall expire at the End of their next Session.

      Section 3. <> He shall
    from time to time give to the Congress Information of the State of the
    Union, and recommend to their Consideration such Measures as he shall
    judge necessary and expedient; * * *

      In the early years of the Government the President made a speech to
    Congress on its assembling (V, 6629), but in 1801 President Jefferson
    discontinued this practice and transmitted a message in writing. This
    precedent was followed until April 8, 1913, when the custom of
    addressing Congress in person was resumed by President Wilson and, with
    the exception of President Hoover (VIII, 3333) has been followed
    generally by subsequent Presidents. Only messages of major importance
    are delivered in person. A message in writing is usually communicated to
    both Houses on the same day, but an original document accompanying can
    of course be sent to but one House (V, 6616, 6617). The President's
    State of the Union message delivered in person to the 95th Congress,
    second Session, together with separate hand-delivered written messages,
    were referred on motion to the Union Calendar and ordered printed (Jan.
    19, 1978, p. 152). In early years confidential messages were often sent
    and considered in secret session of the House (V, 7251, 7252).
      By <> law (31 U.S.C. 1105),
    the President is required to transmit the Budget to Congress on or after
    the first Monday in January but not later than the first Monday in
    February each year. In addition, he is required to submit a supplemental
    budget summary by July 16 each year (31 U.S.C. 1106). Submission of the
    Economic Report of the President is required within 10 days after the
    submission of the January budget (15 U.S.C. 1022). The Congressional
    Budget and Impoundment Control Act of 1974 (2 U.S.C. 601) requires the
    transmittal to Congress by the President of amendments and revisions
    related to the budget on or before April 10 and July 15 of each year. In
    addition, the Act provides for the transmittal of messages proposing
    rescissions and deferrals of budget authority (2 U.S.C. 682).
      When the President has indicated that he will address Congress in
    person a concurrent resolution is adopted by both Houses arranging for a
    joint session to receive the message. At the appointed hour the Members
    of the Senate arrive. The President of the Senate (the Vice President)
    sits to the right of the Speaker, but in the absence of the Vice
    President, the

    [[Page [72]]]

    President pro tempore sits to the left of the Speaker (Nov. 27, 1963, p.
    22838). The Speaker presides.
      The <> ceremony of receiving a message in writing is simple (V,
    6591), and may occur during consideration of a question of privilege (V,
    6640-6642) or before the organization of the House (V, 6647-6649) and in
    the absence of a quorum (V, 6650; VIII, 3339; clause 7 of rule XX).
      But, with the exception of vetoes, messages are regularly laid before
    the House only at the time prescribed by the rule for the order of
    business (V, 6635-6638) within the discretion of the Speaker (VIII,
    3341). While a message of the President is always read in full the
    latest rulings have not permitted the reading of the accompanying
    documents to be demanded as a matter of right (V, 5267-5271; VII, 1108).
    A concurrent resolution providing for a joint session to receive the
    President's message was held to be of the highest privilege (VIII,
    3335).

    * * * <> he may, on extraordinary Occasions, convene both
    Houses, or either of them, and in Case of Disagreement between them,
    with Respect to the Time of Adjournment, he may adjourn them to such
    Time as he shall think proper; * * *

      In certain exigencies the President may convene Congress at a place
    other than the seat of government (I, 2; 2 U.S.C. 27). Congress has
    frequently been convened by the President (I, 10, 11; Nov. 17, 1947, p.
    10578; July 26, 1948, p. 9362), and in one instance, when Congress had
    provided by law for meeting, the President called it together on an
    earlier day (I, 12). The Congress having adjourned on July 27, 1947, p.
    10521, and on June 20, 1948, p. 9350, to a day certain, the President
    called it together on an earlier date than that to which it adjourned
    (Nov. 17, 1947, p. 10577; July 26, 1948, p. 9362). There has been some
    discussion as to whether or not there is a distinction between a session
    called by the President and other sessions of Congress (I, 12,
    footnote).

    * * * <> he shall receive Ambassadors and other
    public Ministers; he shall take Care That the Laws be faithfully
    executed, and shall Commission all the officers of the United States.

    [[Page [73]]]

      Section 4. <> The
    President, Vice President, and all civil Officers of the United States,
    shall be removed from Office on Impeachment for, and Conviction of,
    Treason, Bribery, or other high Crimes and Misdemeanors.

      In <> the
    Blount trial the managers contended that all citizens of the United
    States were liable to impeachment, but this contention was not admitted
    (III, 2315), and in the Belknap trial both managers and counsel for
    respondent agreed that a private citizen, apart from offense in an
    office, might not be impeached (III, 2007). But resignation of the
    office, does not prevent impeachment for crime or misdemeanor therein
    (III, 2007, 2317, 2444, 2445, 2459, 2509). In Blount's case it was
    decided that a Senator was not a civil officer within the meaning of the
    impeachment provisions of the Constitution (III, 2310, 2316). Questions
    have also arisen as to whether or not the Congressional Printer (III,
    1785), or a vice consul-general (III, 2515), might be impeached.
    Proceedings for the impeachment of territorial judges have been taken in
    several instances (III, 2486, 2487, 2488), although various opinions
    have been given that such an officer is not impeachable (III, 2022,
    2486, 2493). A committee of the House by majority vote held a
    Commissioner of the District of Columbia not to be a civil officer
    subject to impeachment under the Constitution (VI, 548). An independent
    counsel appointed under 28 U.S.C. 593 may be impeached under 28 U.S.C.
    596(a), and a resolution impeaching such an independent counsel
    constitutes a question of the privileges of the House under rule IX
    (Sept. 23, 1998, p. ----).
      As <> to what are
    impeachable offenses there has been much discussion (III, 2008, 2019,
    2020, 2356, 2362, 2379-2381, 2405, 2406, 2410, 2498, 2510; VI, 455;
    Impeachment of Richard M. Nixon, President of the United States,
    Committee on the Judiciary, H. Rept. 93-1305, Aug. 20, 1974, p. 29219;
    Associate Justice William O. Douglas, Final Report by the Special
    Subcommittee on H. Res. 920, Committee on the Judiciary, Sept. 17, 1970;
    Impeachment of William Jefferson Clinton, President of the United
    States, H. Rept. 105-830, Dec. 16, 1998). For a time the theory that
    indictable offenses only were impeachable was stoutly maintained and as
    stoutly denied (III, 2356, 2360-2362, 2379-2381, 2405, 2406, 2410,
    2416); but on the 10th and 11th articles of the impeachment of the
    President (Andrew Johnson) the House concluded to impeach for other than
    indictable offenses (III, 2418), and in the Swayne trial the theory was
    definitely abandoned (III, 2019). While there has not been definite
    concurrence in the claim of the managers in the trial of the President
    that an impeachable offense is any misbehavior that shows
    disqualification to hold and exercise the

    [[Page [74]]]

    office, whether moral, intellectual, or physical (III, 2015), yet the
    House has impeached judges for improper personal habits (III, 2328,
    2505), and in the impeachment of the President one of the articles
    charged him with ``intemperate, inflammatory, and scandalous harangues''
    in public addresses, tending to the harm of the Government (III, 2420).
    There was no conviction under these charges except in the single case of
    Judge Pickering, who was charged with intoxication on the bench (III,
    2328-2341). As to the impeachment of judges for other delinquencies,
    there has been much contention as to whether they may be impeached for
    any breach of good behavior (III, 2011, 2016, 2497), or only for
    judicial misconduct occurring in the actual administration of justice in
    connection with the court (III, 2010, 2013, 2017). The intent of the
    judge (III, 2014, 2382) as related to mistakes of the law, and the
    relations of intent to conviction have been discussed at length (III,
    2014, 2381, 2382, 2518, 2519). The statutes make nonresidence of a judge
    an impeachable offense, and the House has taken steps to impeach for
    this cause (III, 2476, 2512). There has, however, been some question as
    to the power of Congress to make an impeachable offense (III, 2014,
    2015, 2021, 2512). Usurpation of power has been examined several times
    in its relations as a cause for impeachment (III, 2404, 2508, 2509,
    2516, 2517). There has also been discussion as to whether or not there
    is distinction between a misdemeanor and a high misdemeanor (III, 2270,
    2367, 2492). Review of impeachments in Congress showing the nature of
    charges upon which impeachments have been brought and judgments of the
    Senate thereon (VI, 466). The report accompanying a resolution to
    impeach President Clinton, and the debate in the House thereon, included
    discussion of the nature of an impeachable offense (H. Rept. 105-830;
    Dec. 18-19, 1998, pp. ----). Of the four articles of impeachment of
    President Clinton reported by the Committee on the Judiciary ((1)
    perjury in grand jury, (2) perjury in a civil deposition, (3)
    obstruction of justice, and (4) improper responses to written questions
    from the Committee on the Judiciary), only the first and third were
    adopted by the House (H. Res. 611, Dec. 19, 1998, p. ----). The
    President was acquitted by the Senate on each article (Feb. 12, 1999, p.
    ----).
      The <> articles of
    impeachment adopted by the House in 1936 against Judge Ritter charged a
    variety of judicial misconduct, including violations of criminal law;
    the seventh and general article, upon which Judge Ritter was convicted
    by the Senate, charged general misconduct to bring his court into
    scandal and disrepute and to destroy public confidence in his court and
    in the judicial system (Impeachment by the House, Mar. 2, 1936, p. 3091;
    Conviction by the Senate, Apr. 17, 1936, p. 5606). Following his
    conviction by the Senate, former Judge Ritter brought an action for back
    salary, contending that the Senate had tried and convicted him for
    nonimpeachable offenses. The U.S. Court of Claims held that the Senate's
    power to try impeachments was exclusive and not subject to judicial
    review.

    [[Page [75]]]

    Ritter v. United States, 84 Ct. Cls. 293 (1936), cert. denied, 300 U.S.
    668 (1937).
      In 1970 a special subcommittee of the Committee on the Judiciary
    considered charges of impeachment against Associate Justice Douglas of
    the Supreme Court. The subcommittee recommended against his impeachment
    but concluded that a Federal judge could be impeached (1) for judicial
    conduct which is a serious dereliction from public duty and (2) for
    nonjudicial conduct which is criminal in nature (Associate Justice
    William O. Douglas, Final Report by the Special Subcommittee on H. Res.
    920, Committee on the Judiciary, September 17, 1970).
      In 1974 the Committee on the Judiciary investigated charges of
    impeachment against President Nixon (H. Res. 803, Feb. 6, 1974, p.
    2349), and determined to recommend his impeachment to the House. The
    President having resigned, the committee reported to the House without
    submitting a resolution of impeachment, and the House accepted the
    report by resolution (H. Res. 1333, Aug. 20, 1974, p. 29361). The report
    of the committee included the text of the three articles of impeachment
    adopted by the committee. The committee had concluded that impeachable
    offenses need not be indictable offenses and had impeached the President
    (1) for violating his oath of office and his duty under the Constitution
    by preventing, obstructing, and impeding the administration of justice;
    (2) for engaging in a course of conduct violating the constitutional
    rights of citizens, impairing the administration of justice, and
    contravening the laws governing executive agencies; and (3) for failing
    to honor subpoenas issued by the Committee on the Judiciary in the
    course of its impeachment inquiry (Impeachment of Richard M. Nixon,
    President of the United States, Committee on the Judiciary, H. Rept. 93-
    1305, Aug. 20, 1974, printed in full in the Cong. Record, Aug. 22, 1974,
    p. 29219).
      In 1986, for the first time since 1936, the House agreed to a
    resolution impeaching a Federal district judge. Judge Harry Claiborne
    had been convicted of falsifying Federal income tax returns. His final
    appeal was denied by the Supreme Court in April, and he began serving
    his prison sentence in May. Because he declined to resign, however,
    Judge Claiborne was still receiving his judicial salary and, absent
    impeachment, would resume the bench on his release from prison.
    Consequently, a resolution of impeachment was introduced on June 3, and
    on July 16, the Committee on the Judiciary reported to the House four
    articles of impeachment against Judge Claiborne. On July 22, the
    resolution was called up as a question of privilege and agreed to by a
    recorded vote of 406 yeas, 0 nays. After trial in the Senate, Judge
    Claiborne was convicted on three of the four articles of impeachment and
    removed from office on October 9, 1986.
      In 1988, the House agreed to a resolution reported from the Committee
    on the Judiciary and called up as a question of the privileges of the
    House impeaching Federal district judge Alcee L. Hastings for high
    crimes and misdemeanors specified in 17 articles of impeachment, some of
    them addressing allegations on which the judge had been acquitted in a
    Federal

    [[Page [76]]]

    criminal trial (H. Res. 499, 100th Cong., Aug. 3, 1988, p. 20206). No
    trial in the Senate was had before the adjournment of the 100th
    Congress. In the 101st Congress, the House reappointed managers to
    conduct this impeachment in the Senate (Jan. 3, 1989, p. 84); the Senate
    began its deliberations on March 15, 1989 (p. 4219); conviction and
    removal from office occurred on October 20, 1989 (p. 25335). Also in the
    101st Congress, the Senate convicted Federal district judge Walter L.
    Nixon on two of the three impeachment charges brought against him (Nov.
    3, 1989, p. 27101). For further discussion of the continuance of
    impeachment proceedings in a succeeding Congress, see Sec. 620, infra.
      In 1998 the House agreed to a privileged resolution reported from the
    Committee on Rules, referring to the Committee on the Judiciary a
    communication from an independent counsel transmitting under 28 U.S.C.
    595(c) evidence of possible impeachable offenses by President Clinton,
    and restricting access to the communication and to meetings and hearings
    thereon (H. Res. 525, Sept. 11, 1998, p. ----). Later, the House adopted
    a privileged resolution reported from the Committee on the Judiciary
    authorizing an impeachment inquiry by that committee and investing it
    with special investigative authorities to facilitate the inquiry (H.
    Res. 581, Oct. 8, 1998, p. ----). The Committee on the Judiciary filed
    with the House a privileged report accompanying a resolution containing
    four articles of impeachment against President Clinton that alleged: (1)
    the President gave perjurious, false, and misleading testimony to a
    grand jury; (2) the President gave perjurious, false, and misleading
    testimony in a Federal civil action; (3) the President prevented,
    obstructed, and impeded the administration of justice relating to a
    Federal civil action; and (4) the President abused his office, impaired
    the administration of justice, and contravened the authority of the
    legislative branch by his response to 81 written questions submitted by
    the Committee on the Judiciary (H. Res. 611, Dec. 17, 1998, p. ----).
    The chairman of the Committee on the Judiciary called up the resolution
    on December 18, 1998 (p. ----). A resolution offered from the floor to
    permit the Delegate of the District of Columbia to vote on the articles
    of impeachment was held not to constitute a question of the privileges
    of the House under rule IX (Dec. 18, 1998, p. ----). To a privileged
    resolution of impeachment, an amendment proposing instead censure, which
    is not privileged, was held not germane (Dec. 19, 1998, p. ----).
      For further discussion of impeachment proceedings, see Sec. Sec. 601-
    620, infra; Sec. 31, supra, and Deschler, ch. 14.

    [DOCID:hd284-4]
                                  ARTICLE III.

      Section 1. <> The judicial Power of the United States, shall be vested
    in one supreme Court, and in such inferior Courts as the Congress may
    from

    [[Page [77]]]

    time to time ordain and establish. The Judges, both of the supreme and
    inferior Courts, shall hold their Offices during good Behaviour, and
    shall, at stated Times, receive for their Services, a Compensation,
    which shall not be diminished during their Continuance in Office.

      Section 2. \1\ The <> judicial Power shall extend to all Cases, in Law and Equity,
    arising under this Constitution, the Laws of the United States, and
    Treaties made, or which shall be made, under their Authority;--to all
    Cases affecting Ambassadors, other public Ministers and Consuls;--to all
    Cases of admiralty and maritime Jurisdiction;--to Controversies to which
    the United States shall be a Party;--to Controversies between two or
    more States;--between a State and Citizens of another State;--between
    Citizens of different States;--between Citizens of the same State
    claiming Lands under Grants of different States, and between a State, or
    the Citizens thereof, and foreign States, Citizens or Subjects.

      Decisions <> of the Supreme Court involving legislative standing to bring
    cases in Federal court include Coleman v. Miller, 307 U.S. 433 (1939);
    Goldwater v. Carter, 444 U.S. 996 (1979); Allen v. Wright, 468 U.S. 737
    (1984); Whitmore v. Arkansas, 495 U.S. 149 (1990); and, most recently,
    Raines v. Byrd, 521 U.S. 811 (1997), holding that Member plaintiffs must
    have alleged a ``personal stake'' in having an actual injury redressed,
    rather than an ``institutional injury'' that is ``abstract and widely
    dispersed.''
      \2\ In <> all Cases affecting Ambassadors, other public Ministers
    and Consuls, and those in which a State shall be Party, the supreme
    Court shall

    [[Page [78]]]

    have original Jurisdiction. In all the other Cases before mentioned, the
    supreme Court shall have appellate Jurisdiction, both as to Law and
    Fact, with such Exceptions, and under such Regulations as the Congress
    shall make.
      \3\ The <> Trial
    of all Crimes, except in Cases of Impeachment, shall be by Jury; and
    such Trial shall be held in the State where the said Crimes shall have
    been committed; but when not committed within any State, the Trial shall
    be at such Place or Places as the Congress may by Law have directed.

      Section 3. \1\ Treason <> against the United States, shall consist only in levying War
    against them, or in adhering to their Enemies, giving them Aid and
    Comfort. No Person shall be convicted of Treason unless on the Testimony
    of two Witnesses to the same overt Act, or on Confession in open Court.
      \2\ The <> Congress shall
    have Power to declare the Punishment of Treason, but no Attainder of
    Treason shall work Corruption of Blood, or Forfeiture except during the
    Life of the Person Attainted.

    [DOCID:hd284-5]
                                   ARTICLE IV.

      Section 1. <> Full Faith and Credit shall be given
    in each State to the Public Acts, Records, and judicial Proceedings of
    every other State. And the Congress may by general Laws prescribe the

    [[Page [79]]]

    Manner in which such Acts, Records and Proceedings shall be proved, and
    the Effect thereof.
    <>   Section 2.
    \1\ The Citizens of each State shall be entitled to all Privileges and
    Immunities of Citizens in the several States.
      \2\ A <> Person charged in any State with Treason, Felony, or other
    Crime, who shall flee from Justice, and be found in another State, shall
    on Demand of the executive Authority of the State from which he fled, be
    delivered up, to be removed to the State having Jurisdiction of the
    Crime.
      \3\ No <> Person
    held to Service or Labour in one State, under the Laws thereof, escaping
    into another, shall, in Consequence of any Law or Regulation therein, be
    discharged from such Service or Labour, but shall be delivered up on
    Claim of the Party to whom such Service or Labour may be due.

      Section 3. \1\ New <> States may be admitted by the Congress into this Union; but no
    new State shall be formed or erected within the Jurisdiction of any
    other State; nor any State be formed by the Junction of two or more
    States, or Parts of States, without the Consent of the Legislatures of
    the States concerned as well as of the Congress.
      \2\ The <> Congress shall have Power to dispose of and make
    all needful Rules and Regulations respecting the Territory or other
    Property belonging to

    [[Page [80]]]

    the United States; and nothing in this Constitution shall be so
    construed as to Prejudice any Claims of the United States, or of any
    particular State.

      The Court of Appeals for the District of Columbia Circuit has held
    that the property clause does not prohibit the transfer of United States
    property to foreign nations through self-executing treaties. Edwards v.
    Carter, 580 F.2d 1055 (1978), cert. denied, 436 U.S. 907 (1978).

      Section 4. The <> United
    States shall guarantee to every State in this Union a Republican Form of
    Government, and shall protect each of them against Invasion; and on
    Application of the Legislature, or of the Executive (when the
    Legislature cannot be convened) against domestic violence.

    [DOCID:hd284-6]
                                   ARTICLE V.

      The <> Congress,
    whenever two thirds of both Houses shall deem it necessary, shall
    propose Amendments to this Constitution, or, on the Application of the
    Legislatures of two thirds of the several States, shall call a
    Convention for proposing Amendments, which, in either Case, shall be
    valid to all Intents and Purposes, as Part of this Constitution, when
    ratified by the Legislatures of three fourths of the several States, or
    by Conventions in three fourths thereof, as the one or the other Mode of
    Ratification may be proposed by the Congress; Provided that no Amendment
    which may be made prior to the Year One thousand eight hundred and eight
    shall in any Manner af

    [[Page [81]]]

    fect the first and fourth Clauses in the Ninth Section of the first
    Article; and that no State, without its Consent, shall be deprived of
    its equal Suffrage in the Senate.

      Amendments <> to the Constitution are proposed in the form of joint
    resolutions, which have their several readings and are enrolled and
    signed by the presiding officers of the two Houses (V, 7029, footnote),
    but are not presented to the President for his approval (V, 7040; see
    discussion under Sec. 115, supra; Hollingsworth v. Virginia, 3 U.S. (3
    Dall.) 378 (1798)). They are filed with the Archivist who, under the law
    (1 U.S.C. 106b; 1 U.S.C. 112), has the responsibility for the
    certification and publication of such amendments, once they are ratified
    by the States. Under the earlier procedure, the two Houses sometimes
    requested the President to transmit to the States certain proposed
    amendments (V, 7041, 7043), but a concurrent resolution to that end was
    without privilege (VIII, 3508). The President notified Congress by
    message of the promulgation of the ratification of a constitutional
    amendment (V, 7044).-
      The <> vote required on a joint resolution proposing an amendment
    to the Constitution is two-thirds of those voting, a quorum being
    present, and not two-thirds of the entire membership (V, 7027, 7028;
    VIII, 3503). The majority required to pass a constitutional amendment,
    like the majority required to pass a bill over the President's veto
    (VII, 1111) and the majority required to adopt a motion to suspend the
    rules (Dec. 16, 1981, pp. 31850, 31851, 31855, 31856), is two-thirds of
    those Members voting either in the affirmative or negative, a quorum
    being present, and Members who only indicate that they are ``present''
    are not counted in this computation (Nov. 15, 1983, p. 32685). The
    requirement of the two-thirds vote applies to the vote on the final
    passage and not to amendments (V, 7031, 7032; VIII, 3504), or prior
    stages (V, 7029, 7030), but is required where the House votes on
    agreeing to Senate amendments (V, 7033, 7034; VIII, 3505), or on
    agreeing to a conference report (V, 7036). One House having, by a two-
    thirds vote, passed in amended form a proposed constitutional amendment
    from the other House, and then having by a majority vote receded from
    its amendment, the constitutional amendment was held not to be passed
    (V, 7035).
      In the 95th Congress, both the House and Senate agreed by a majority
    vote to House Joint Resolution 638, extending the time period for
    ratification by the States of the Equal Rights Amendment, where House
    Joint Resolution 208 of the 92d Congress, proposing the amendment, had
    provided for a seven-year ratification period. The House determined in
    the 95th Congress, by laying on the table by a record vote a privileged
    resolution asserting that a vote of two-thirds of the Members present
    and voting

    [[Page [82]]]

    was required to pass a joint resolution extending the ratification
    period for a constitutional amendment already submitted to the States,
    that only a majority vote was required on H.J. Res. 638 (Speaker
    O'Neill, Aug. 15, 1978, p. 26203).
      The joint resolution extending the ratification period for the Equal
    Rights Amendment was delivered to the President, who signed it although
    expressing doubt as to the necessity for his doing so (Presidential
    Documents, Oct. 19, 1978). When sent to the Archivist, the joint
    resolution was not assigned a public law number, but the Archivist
    notified the States of the action of the Congress in extending the
    ratification period. For a judicial decision voiding this extension as
    well as declaring that a State does have the power to rescind a prior
    ratification of a proposed constitutional amendment, see Idaho v.
    Freeman, 529 F.Supp. 1107 (D.C.D. Idaho, 1981), judgment stayed sub nom.
    National Organization of Women v. Idaho, 455 U.S. 918 (1982), vacated
    and remanded to dismiss, 459 U.S. 809 (1982).
      The yeas and nays are not required to pass a joint resolution
    proposing to amend the Constitution (V, 7038-7039; VIII, 3506).
      Question has arisen as to the power of a State to recall its assent to
    a constitutional amendment (V, 7042; footnotes to Sec. Sec. 225, 234,
    infra) but has not been the subject of a final judicial determination.
      Decisions <> of the Supreme
    Court of the United States: National Prohibition Cases, 253 U.S. 350
    (1920); Hawke v. Smith, 253 U.S. 221 (1920); Dillon v. Gloss, 256 U.S.
    368 (1921); Leser v. Garnett, 258 U.S. 130 (1922); Coleman v. Miller,
    307 U.S. 433 (1939); Chandler v. Wise, 307 U.S. 474 (1939).

    [DOCID:hd284-7]
                                   ARTICLE VI.

      \1\ All <> Debts
    contracted and Engagements entered into, before the Adoption of this
    Constitution, shall be as valid against the United States under this
    Constitution, as under the Confederation.
      \2\ This <> Constitution, and the Laws of the United
    States which shall be made in Pursuance thereof; and all Treaties made,
    or which shall be made, under the Authority of the United States, shall
    be the supreme Law of the Land; and the Judges in every State shall be
    bound thereby,

    [[Page [83]]]

    any Thing in the Constitution or Laws of any State to the Contrary
    notwithstanding.
      \3\ The <> Senators and Representatives before mentioned, and
    the Members of the several State Legislatures, and all executive and
    judicial Officers, both of the United States and of the several States,
    shall be bound by Oath or Affirmation, to support this Constitution; but
    no religious Test shall ever be required as a Qualification to any
    Office or public Trust under the United States.

      The <> form of the oath is prescribed
    by statute (5 U.S.C. 3331; I, 128): ``I, AB, do solemnly swear (or
    affirm) that I will support and defend the Constitution of the United
    States against all enemies, foreign and domestic; that I will bear true
    faith and allegiance to the same; that I take this obligation freely,
    without any mental reservation or purpose of evasion, and that I will
    well and faithfully discharge the duties of the office on which I am
    about to enter. So help me God.''
      The <> Act of
    June 1, 1789 (2 U.S.C. 25), provides that on the organization of the
    House and previous to entering on any other business the oath shall be
    administered by any Member (generally the Member with longest continuous
    service) (I, 131; VI, 6) to the Speaker and by the Speaker to the other
    Members and Clerk (I, 130). The Act, has at times been considered in the
    House as directory merely (I, 118, 242, 243, 245; VI, 6); but at other
    times has been observed carefully (I, 118, 140). The Act was cited by
    the Clerk in recognizing for nominations for Speaker as being of higher
    constitutional privilege than a resolution to postpone the election of a
    Speaker and instead provide for the election of a Speaker pro tempore
    pending the disposition of certain ethics charges against the nominee of
    the majority party (Jan. 7, 1997, p. 115).
      Previously it was the custom to administer the oath by State
    delegations, but beginning with the 71st Congress Members-elect have
    been sworn in en masse (VI, 8). The Clerk supplies printed copies of the
    oath to Members and Delegates who have taken the oath in accordance with
    law, which shall be subscribed by the Members and Delegates and
    delivered to the Clerk to be recorded in the Journal and Congressional
    Record as conclusive proof of the fact that the signer duly took the
    oath in accordance with law (2 U.S.C. 25). See Deschler, ch. 2. The
    Speaker has requested that guests in the gallery rise with the Members
    during the administration of the oath of office to a Member-elect (Nov.
    12, 1991, p. 31255).

    [[Page [84]]]

      The <> Speaker possesses no arbitrary power in the administration of
    the oath (I, 134), and when objection is made the question must be
    decided by the House and not by the Chair (I, 519, 520). An objection
    prevents the Speaker from administering the oath of his own authority,
    even though the credentials be regular in form (I, 135-138). The Speaker
    has frequently declined to administer the oath in cases wherein the
    House has, by its action, indicated that he should not do so (I, 139,
    140). And in case of doubt he has waited the instruction of the House
    (I, 396; VI, 11). There has been discussion as to the competency of a
    Speaker pro tempore to administer the oath (I, 170), and in the absence
    of the Speaker a Member-elect waited until the Speaker should be present
    (I, 179), but in 1920 a Speaker pro tempore whose designation by the
    Speaker had been approved by the House, administered the oath to a
    Member (VI, 20). The House may authorize the Speaker to administer the
    oath to a Member away from the House (I, 169), or may, in such a case,
    authorize another than the Speaker to administer the oath (I, 170; VI,
    14). For forms used in this procedure see (VI, 14).
      Members-elect <> have been sworn at the beginning of a second session
    before the ascertainment of a quorum (I, 176-178), but when the Clerk
    called the second session of the 87th Congress to order, Members-elect
    were not sworn prior to ascertainment of a quorum and election of
    Speaker McCormack to succeed Speaker Rayburn, who had died during the
    sine die adjournment (Jan. 10, 1962, p. 5). Members-elect have also been
    sworn where a roll call or other ascertainment has shown the absence of
    a quorum (I, 178, 181, 182; VI, 21) but in one instance, however, the
    Speaker declined to administer the oath under such circumstances (II,
    875).
      A <> proposition to administer the oath to a Member is a matter of
    high privilege (VI, 14), and the oath has been administered during a
    call of the roll on a motion to agree to rules at the time of
    organization (I, 173; VI, 22), before the reading of the Journal (I,
    172), in the absence of a quorum (VI, 22), on Calendar Wednesday (VI,
    22), before a pending motion to amend the Journal (I, 171), and after
    the previous question has been ordered on a bill reported back to the
    House from the Committee of the Whole (Oct. 3, 1969, p. 28487). A
    division being demanded on a resolution for seating several claimants,
    the oath may be administered to each as soon as his case is decided (I,
    623). Where a Member-elect whose right to a seat has been determined by
    the House presents himself to take the oath, his right to be sworn is
    complete and cannot be deferred even by a motion to adjourn (I, 622),
    but the Speaker has entertained the motion to adjourn after adoption of
    a seating resolution but before the Member-elect was present in the
    Chamber to take the oath (May 1, 1985, p. 10019).

    [[Page [85]]]

      The <> right
    of a Member-elect to take the oath is sometimes challenged and the
    Speaker requests the Member-elect to stand aside temporarily (VI, 9-11,
    174; VIII, 3386). This usually occurs at the time of organization of the
    House. The challenge proceeds from some Member, but the fact that he has
    not yet taken the oath himself does not debar him from making the
    challenge (I, 141). The Member challenging does so on his responsibility
    as a Member or on the strength of documents (I, 448) or on both (I, 443,
    474). And where an objection was sustained neither by affidavit nor on
    the responsibility of the Member objecting, the House declined to
    entertain it (I, 455).
      It <> has been held, although not uniformly, that in cases where
    the right of a Member-elect to take the oath is challenged, the Speaker
    may direct the Member to stand aside temporarily (I, 143-146, 474; VI,
    9, 174; VIII, 3386). The Member so challenged is not thereby deprived of
    any right (I, 155). Similarly, the seating of a Member-elect does not
    prejudice a pending contest, brought under the Federal Contested
    Elections Act (2 U.S.C. 381-396), over final right to the seat (Jan. 7,
    1997, p. 120). When several are challenged and stand aside the question
    is first taken on the Member-elect first required to stand aside (I,
    147, 148). In 1861 it was held that the House might direct contested
    names to be passed over until the other Members-elect had been sworn in
    (I, 154). Motions and debate are in order on the questions involved in a
    challenge, and in a few cases other business has intervened by unanimous
    consent (I, 149, 150). By unanimous consent the consideration of a
    challenge is sometimes deferred until after the completion of the
    organization (I, 474), and by unanimous consent also the House has
    sometimes proceeded to legislative business pending consideration of the
    right of a Member to be sworn (I, 151-152).
      Although <> the House has emphasized the impropriety of swearing-in
    a Member without credentials (I, 162-168), yet it has been done in cases
    wherein the credentials are delayed or lost and there is no doubt of the
    election (I, 85, 176-178; VI, 12, 13), or where the governor of a State
    has declined to give credentials to a person whose election was
    undoubted and uncontested (I, 553). A certificate of election in due
    form having been filed, the Clerk placed the name of the Member-elect on
    the roll, although he was subsequently advised that a State Supreme
    Court had issued a writ restraining the Secretary of State from issuing
    such certificate (Jan. 3, 1949, p. 8). Where the prima facie right is
    contested the Speaker declines to administer the oath (I, 550), but the
    House admits on his prima facie showing and without regard to final
    right a Member-elect from a recognized constituency whose credentials
    are in due form and whose qualifications are unquestioned (I, 528-534).
    If the status of the constituency is in doubt, the House usually defers
    the oath (I, 361, 386, 448, 461). In the 99th Congress, the House
    declined to give prima facie effect to a certificate of election, the
    results of the election being in doubt, and referred the issue of

    [[Page [86]]]

    initial as well as final right to the Committee on House Administration
    (H. Res. 1, Jan. 3, 1985, pp. 380-87). After a recount of the votes was
    conducted by that committee, the House on its recommendation declared
    the candidate without the certificate entitled to the seat (H. Res. 146,
    May 1, 1985, p. 9998). The House also may defer the oath when a question
    of qualifications arises (I, 474), but it may investigate qualifications
    after the oath is taken (I, 156-159, 420, 462, 481), and after
    investigation unseat the Member by majority vote (I, 428).
      Questions <> of sanity (I, 441) and loyalty (I, 448) seem to pertain
    to the competency to take the oath rather than to the question of
    qualifications, although there has been not a little debate on this
    subject (I, 479). In one case a Member-elect who had not taken the oath,
    was excluded from the House because of disloyalty, where the resolution
    of exclusion and the committee report thereon concluded that he was
    ineligible to take a seat as a Representative under the express
    provisions of section 3 of the 14th amendment (VI, 56-59). This action
    by the House was cited in the Supreme Court decision of Powell v.
    McCormack (395 U.S. 486, 545 fn. 83) which denied the power of the House
    to exclude Members-elect by a majority vote for other than failure to
    meet the express qualifications stated in the Constitution. In Bond v.
    Floyd, 385 U.S. 116 (1966), the Supreme Court held that the exclusion by
    a State legislature of a member-elect of that body was unconstitutional,
    where the legislature had asserted the power to judge the sincerity with
    which the Member-elect could take the oath to support the Constitution
    of the United States. In the 97th Congress, the House declared vacant by
    majority vote the seat of a Member-elect unable to take the oath because
    of illness, where the medical prognosis showed no likelihood of
    improvement to permit the Member-elect to take the oath or assume the
    duties of a Representative (H. Res. 80, Feb. 24, 1981, pp. 2916-18).
      Decisions <> of the Supreme
    Court of the United States: McCulloch v. Maryland, 17 U.S. (4 Wheat.)
    316 (1819); Ex parte Garland, 71 U.S. (4 Wall.) 333 (1867); Davis v.
    Beason, 133 U.S. 333 (1890); Mormon Church  v. United States, 136 U.S. 1
    (1890).

    [DOCID:hd284-8]
                                  ARTICLE VII.

      The <> Ratification
    of the Conventions of nine States, shall be sufficient for the
    Establishment of this Constitution between the States so ratifying the
    Same.

    Done in Convention by the Unanimous Consent of the States present the
        Seventeenth Day of

    [[Page [87]]]

        September in the Year of our Lord one thousand seven hundred and
        Eighty seven and of the Independence of the United States of America
        the Twelfth In Witness whereof We have hereunto subscribed our
        Names,

                             Go WASHINGTON--Presidt.

                                                   and Deputy from Virginia.

        [Signed also by the deputies of twelve States.]

                                 New Hampshire.

    John Langdon,                        Nicholas Gilman.

                                 Massachusetts.

    Nathaniel Gorham,                    Rufus King.

                                  Connecticut.

    Wm. Saml. Johnson,                   Roger Sherman.

                                    New York.

    Alexander Hamilton.

                                   New Jersey.

    Wil: Livingston,                     Wm. Paterson,

    David Brearley,                      Jona: Dayton.

                                  Pennsylvania.

    B Franklin,                          Thomas Mifflin,

    RobT. Morris,             Geo. Clymer,

    Thos. FitzSimons,                    Jared Ingersoll,

    James Wilson,                        Gouv Morris.

                                    Delaware.

    Geo. Read,                           Gunning Bedford jun,

    John Dickinson,                      Richard Bassett.

    Jaco Broom,

    [[Page [88]]]

                                    Maryland.

    James McHenry,                       Dan of ST Thos. Jenifer.

    Danl Carroll,

                                    Virginia.

    John Blair,                          James Madison Jr.

                                 North Carolina.

    Wm. Blount,                          Rich'D. Dobbs Spaight.

    Hu Williamson,

                                 South Carolina.

    J. Rutledge,                         Charles Cotesworth Pinckney,

    Charles Pinckney,                    Pierce Butler.

                                    Georgia.

    William Few,                         Abr Baldwin.

      Attest:                            William Jackson, Secretary.

    [[Page [89]]]

    [DOCID:hd284-9]
       articles in addition to, and amendment of, the constitution of the
      united states of america, proposed by congress, and ratified by the
          several states pursuant to the fifth article of the original
                           constitution\1\
    ---------------------------------------------------------------------------

      \1\ The first 10 amendments to the Constitution of the
    United States were proposed to the legislatures of the several States by
    the First Congress on September 25, 1789 (this date and the date
    succeeding amendments were proposed is the date of final congressional
    action--signature by the presiding officer of the Senate--as is shown in
    the Senate Journals). They were ratified by the following States, on the
    dates shown, and the notifications by the governors thereof of
    ratification were communicated by the President to Congress: New Jersey,
    November 20, 1789; Maryland, December 19, 1789; North Carolina, December
    22, 1789; South Carolina, January 19, 1790; New Hampshire, January 25,
    1790; Delaware, January 28, 1790; New York, February 27, 1790;
    Pennsylvania, March 10, 1790; Rhode Island, June 7, 1790; Vermont,
    November 3, 1791; and Virginia, December 15, 1791. Ratification was
    completed on December 15, 1791. The amendments were subsequently
    ratified by Massachusetts, March 2, 1939; Georgia, March 18, 1939; and
    Connecticut, April 19, 1939.

    [DOCID:hd284-10]
                                  AMENDMENT I.

      Congress <> shall make no law respecting an establishment of
    religion, or prohibiting the free exercise thereof; or abridging the
    freedom of speech, or of the press; or the right of the people peaceably
    to assemble, and to petition the Government for a redress of grievances.

    [DOCID:hd284-11]
                                  AMENDMENT II.

      A <> well regulated Militia
    being necessary to the security of a free State, the right of the people
    to keep and bear arms, shall not be infringed.

    [[Page [90]]]

    [DOCID:hd284-12]
                                 AMENDMENT III.

      No <> soldier
    shall, in time of peace be quartered in any house, without the consent
    of the Owner, nor in time of war, but in a manner to be prescribed by
    law.

    [DOCID:hd284-13]
                                  AMENDMENT IV.

      The <> right of the people to be secure in their persons, houses,
    papers, and effects, against unreasonable searches and seizures, shall
    not be violated, and no Warrants shall issue, but upon probable cause,
    supported by Oath or affirmation, and particularly describing the place
    to be searched, and the persons or things to be seized.

    [DOCID:hd284-14]
                                  AMENDMENT V.

      No <> person shall be held to answer for a capital, or otherwise
    infamous crime, unless on a presentment or indictment of a Grand Jury,
    except in cases arising in the land or naval forces, or in the Militia,
    when in actual service in time of War or public danger; nor shall any
    person be subject for the same offence to be twice put in jeopardy of
    life or limb; nor shall be compelled in any Criminal Case to be a
    witness against himself; nor be deprived of life, liberty, or property,
    without due process of law; nor shall private property be taken for
    public use, without just compensation.

    [[Page [91]]]

    [DOCID:hd284-15]
                                  AMENDMENT VI.

      In <> all criminal prosecutions, the accused shall
    enjoy the right to a speedy and public trial, by an impartial jury of
    the State and district wherein the crime shall have been committed,
    which district shall have been previously ascertained by law, and to be
    informed of the nature and cause of the accusation; to be confronted
    with the witnesses against him; to have compulsory process for obtaining
    witnesses in his favor, and to have the Assistance of Counsel for his
    defence.

    [DOCID:hd284-16]
                                 AMENDMENT VII.

      In <> suits at
    common law, where the value in Controversy shall exceed twenty dollars,
    the right of trial by jury shall be preserved, and no fact tried by a
    jury shall be otherwise re-examined in any Court of the United States,
    than according to the rules of the common law.

    [DOCID:hd284-17]
                                 AMENDMENT VIII.

    <>   Excessive bail shall not be required, nor excessive
    fines imposed, nor cruel and unusual punishments inflicted.

    [[Page [92]]]

    [DOCID:hd284-18]
                                  AMENDMENT IX.

    <>   The enumeration in
    the Constitution, of certain rights, shall not be
    construed to deny or disparage others retained by the people.

    [DOCID:hd284-19]
                                  AMENDMENT X.

      The <> powers not
    delegated to the United States by the Constitution, nor prohibited by it
    to the States, are reserved to the States respectively, or to the
    people.

    [DOCID:hd284-20]
                           AMENDMENT XI.\2\

      The <> Judicial power
    of the United States shall not be construed to extend to any suit in law
    or equity, commenced or prosecuted against one of the United States by
    Citizens of another State, or by Citizens or Subjects of any Foreign
    State.
    ---------------------------------------------------------------------------
      \2\ The 11th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    Third Congress on March 11, 1794; and was declared in a message from the
    President to Congress dated the 8th of January, 1798, to have been
    ratified by the legislatures of three-fourths of the States. The dates
    of ratification were: New York, March 27, 1794; Rhode Island, March 31,
    1794; Connecticut, May 8, 1794; New Hampshire, June 16, 1794;
    Massachusetts, June 26, 1794; Vermont, October 28, 1794; Virginia,
    November 18, 1794; Georgia, November 29, 1794; Kentucky, December 7,
    1794; Maryland, December 26, 1794; Delaware, January 23, 1795; and North
    Carolina, February 7, 1795. Ratification was completed on February 7,
    1795. The amendment was subsequently ratified by South Carolina on
    December 4, 1797. New Jersey and Pennsylvania did not take action on the
    amendment.

    ---------------------------------------------------------------------------

    [[Page [93]]]

    [DOCID:hd284-21]
                          AMENDMENT XII.\3\

      The <> Electors shall meet in their respective states,
    and vote by ballot for President and Vice-President, one of whom, at
    least, shall not be an inhabitant of the same state with themselves;
    they shall name in their ballots the person voted for as President, and
    in distinct ballots the person voted for as Vice-President, and they
    shall make distinct lists of all persons voted for as President, and of
    all persons voted for as Vice-President, and the number of votes for
    each, which lists they shall sign and certify, and transmit sealed to
    the seat of the government of the United States, directed to the
    President of the Senate;--The President of the Senate shall, in presence
    of the Senate and House of Representatives, open all the certificates
    and the votes shall then be counted;-- * * *
    ---------------------------------------------------------------------------
      \3\ See article II, section 1 of the Constitution. The 12th
    amendment to the Constitution was proposed to the legislatures of the
    several States by the Eighth Congress on December 12, 1803, in lieu of
    the original third paragraph of the first section of the second article,
    and was declared in a proclamation of the Secretary of State, dated the
    25th of September, 1804, to have been ratified by the legislatures of
    three-fourths of the States. The dates of ratification were: North
    Carolina, December 21, 1803; Maryland, December 24, 1803; Kentucky,
    December 27, 1803; Ohio, December 30, 1803; Virginia, December 31, 1803;
    Pennsylvania, January 5, 1804; Vermont, January 30, 1804; New York,
    February 10, 1804; New Jersey, February 22, 1804; Rhode Island, March
    12, 1804; South Carolina, May 15, 1804; Georgia, May 19, 1804; New
    Hampshire, June 15, 1804. Ratification was completed on June 15, 1804.
    The amendment was subsequently ratified by Tennessee on July 27, 1804.
    The amendment was rejected by Delaware, January 18, 1804; Massachusetts,
    February 3, 1804; and by Connecticut at its session begun May 10, 1804.

    [[Page [94]]]

    ---------------------------------------------------------------------------
      The <> electoral count occurs in
    a joint session of the two Houses in the Hall of the House (III, 1819)
    at 1 p.m. on the sixth day of January succeeding every meeting of
    electors (3 U.S.C. 15). The Vice President, as President of the Senate
    (or the President pro tempore in the Vice President's absence), presides
    over the joint session (3 U.S.C. 15). The date of the count has been
    changed by law as follows: (1) the 1957 count was changed to Monday,
    January 7 (P.L. 84-436); (2) the 1985 count was changed to Monday,
    January 7 (P.L. 98-456); (3) the 1989 count was changed to Wednesday,
    January 4 (P.L. 100-646); and (4) the 1997 count was changed to
    Thursday, January 9 (P.L. 104-296).
      Sections 15-18 of title 3 of the United States Code prescribe in
    detail the procedure for the count. Nevertheless, the two Houses
    traditionally adopt a concurrent resolution providing for the meeting in
    joint session to count the vote, for the appointment of tellers, and for
    the declaration of the state of the vote (III, 1961; Deschler, ch. 10,
    Sec. 2.1). Under the law governing the proceedings, the two Houses
    divide to consider an objection to the counting of any electoral vote or
    ``other question arising in the matter'' (3 U.S.C. 15-18; Jan. 6, 1969,
    pp. 145-47; Jan. 6, 2001, p. ----), but only when in writing and signed
    by both a Member and a Senator (Jan. 6, 2001, p. ----). Examples of an
    ``other question arising in the matter'' include: (1) an objection for
    lack of a quorum (Jan. 6, 2001, p. ----); (2) a motion that either House
    withdraw from the joint session (Jan. 6, 2001, p. ----); and (3) an
    appeal from a ruling by the presiding officer (Jan. 6, 2001, p. ----).
    Such questions are not debatable in the joint session (3 U.S.C. 18; Jan.
    6, 2001, p. ----). When the two Houses have divided, a motion in the
    House to lay the objection on the table is not in order (Jan. 6, 1969;
    pp. 169-72). A Vice President-elect, as Speaker of the House, has
    participated in the ceremonies (VI, 446). See Deschler, ch. 10 for
    further discussion. When addressing a controversy over the election of
    President and Vice President in the State of Florida, the Supreme Court
    indicated its view of a section of the statute (3 U.S.C. 5) addressing a
    determination of controversy as to the appointment of electors (Bush v
    Palm Beach County Canvassing Bd. (531 U.S. ---- (2000)). Ultimately, the
    Supreme Court found that the Florida Supreme Court violated the Equal
    Protection Clause of the 14th amendment by ordering certain counties to
    conduct manual recounts of the votes for President and Vice President
    without establishing standards for those recounts (Bush v Gore (531 U.S.
    ---- (2000)).

      * * * The <> person having the greatest
    number of votes for President, shall be the President, if such number be
    a majority of the whole number of Electors appointed; and if no person

    [[Page [95]]]

    have such majority, then from the persons having the highest numbers not
    exceeding three on the list of those voted for as President, the House
    of Representatives shall choose immediately, by ballot, the President.
    But in choosing the President, the votes shall be taken by states, the
    representation from each State having one vote; a quorum for this
    purpose shall consist of a member or members from two-thirds of the
    states, and a majority of all the states shall be necessary to a choice.
    And if the House of Representatives shall not choose a President
    whenever the right of choice shall devolve upon them, before the fourth
    day of March next following, then the Vice-President shall act as
    President, as in the case of the death or other constitutional
    disability of the President. The person having the greatest number of
    votes as Vice-President, shall be the Vice-President, if such number be
    a majority of the whole number of Electors appointed, and if no person
    have a majority, then from the two highest numbers on the list, the
    Senate shall choose the Vice-President; a quorum for the purpose shall
    consist of two-thirds of the whole number of Senators, and a majority of
    the whole number shall be necessary to a choice. But no person
    constitutionally ineligible to the Office of President shall be eligible
    to that of Vice-President of the United States.

    [[Page [96]]]

      The <> 20th amendment to the Constitution has
    clarified some of the provisions of the 12th amendment. In 1801 (III,
    1983), the House of Representatives chose a President under article II,
    section 1, clause 3 (see Sec. 152a, supra), the constitutional provision
    superseded by the 12th amendment.

      In <> 1825 the House elected a President under the 12th amendment
    (III, 1985); and in 1837 the Senate elected a Vice President (III,
    1941).

    [DOCID:hd284-22]
                          AMENDMENT XIII.\4\

      Section 1. <> Neither slavery nor involuntary servitude, except as a
    punishment for crime whereof the party shall have been duly convicted,
    shall

    [[Page [97]]]

    exist within the United States, or any place subject to their
    jurisdiction.
    ---------------------------------------------------------------------------
      \4\ The 13th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    38th Congress, on February 1, 1865, and was declared, in a proclamation
    of the Secretary of State, dated the 18th of December 1865, to have been
    ratified by the legislatures of 27 of the 36 States. The dates of
    ratification were: Illinois, February 1, 1865; Rhode Island, February 2,
    1865; Michigan, February 2, 1865; Maryland, February 3, 1865; New York,
    February 3, 1865; Pennsylvania, February 3, 1865; West Virginia,
    February 3, 1865; Missouri, February 6, 1865; Maine, February 7, 1865;
    Kansas, February 7, 1865; Massachusetts, February 7, 1865; Virginia,
    February 9, 1865; Ohio, February 16, 1865; Indiana, February 13, 1865;
    Nevada, February 16, 1865; Louisiana, February 17, 1865; Minnesota,
    February 23, 1865; Wisconsin, February 24, 1865; Vermont, March 9, 1865;
    Tennessee, April 7, 1865; Arkansas, April 14, 1865; Connecticut, May 4,
    1865; New Hampshire, July 1, 1865; South Carolina, November 13, 1865;
    Alabama, December 2, 1865; North Carolina, December 4, 1865; and
    Georgia, December 6, 1865. Ratification was completed on December 6,
    1865. The amendment was subsequently ratified by Oregon, December 8,
    1865; California, December 19, 1865; Florida, December 28, 1865 (Florida
    again ratified on June 9, 1868, upon its adoption of a new
    constitution); Iowa, January 15, 1866; New Jersey, January 23, 1866
    (after having rejected the amendment on March 16, 1865); Texas, February
    18, 1870; Delaware, February 12, 1901 (after having rejected the
    amendment on February 8, 1865); Kentucky, March 30, 1976 (after hearing
    rejected the amendment on February 24, 1865). The amendment was rejected
    by Mississippi, December 4, 1865.
    ---------------------------------------------------------------------------
      Section 2. Congress shall have power to enforce this article by
    appropriate legislation.

    [DOCID:hd284-23]
                          AMENDMENT XIV.\5\

      Section 1. All < security and
    equal protection of citizens.>> persons born or naturalized in the
    United States, and subject to the jurisdiction thereof, are citizens of
    the United States and of the

    [[Page [98]]]

    State wherein they reside. No State shall make or enforce any law which
    shall abridge the privileges or immunities of citizens of the United
    States; nor shall any State deprive any person of life, liberty, or
    property, without due process of law; nor deny to any person within its
    jurisdiction the equal protection of the laws.
    ---------------------------------------------------------------------------
      \5\ The 14th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    39th Congress, on June 15, 1866. On July 20, 1868, the Secretary of
    State issued a proclamation that the 14th amendment was a part of the
    Constitution if withdrawals of ratification were ineffective. On July
    21, 1868, Congress adopted and transmitted to the Department of State a
    concurrent resolution declaring that ``the legislatures of the States of
    Connecticut, Tennessee, New Jersey, Oregon, Vermont, New York, Ohio,
    Illinois, West Virginia, Kansas, Maine, Nevada, Missouri, Indiana,
    Minnesota, New Hampshire, Massachusetts, Nebraska, Iowa, Arkansas,
    Florida, North Carolina, Alabama, South Carolina, and Louisiana, being
    three-fourths and more of the several States of the Union, have ratified
    the fourteenth article of amendment to the Constitution of the United
    States, duly proposed by two-thirds of each House of the Thirty-ninth
    Congress: Therefore Resolved, That said fourteenth article is hereby
    declared to be a part of the Constitution of the United States, and it
    shall be duly promulgated as such by the Secretary of State.'' The
    Secretary of State accordingly issued a proclamation, dated July 28,
    1868, declaring that the proposed 14th amendment had been ratified, in
    the manner hereafter mentioned, by the legislatures of 28 States. The
    dates of ratification were: Connecticut, June 30, 1866; New Hampshire,
    July 6, 1866; Tennessee, July 18, 1866; New Jersey, September 11, 1866
    (subsequently, on February 20, 1868, the legislature rescinded its
    ratification, and on March 24, 1868, readopted its resolution of
    rescission over the Governor's veto); Oregon, September 19, 1866; New
    York, January 10, 1867; Ohio, January 11, 1867 (subsequently rescinded
    its ratification on January 13, 1868); Illinois, January 15, 1867; West
    Virginia, January 16, 1867; Michigan, January 16, 1867; Minnesota,
    January 16, 1867; Kansas, January 17, 1867; Maine, January 19, 1867;
    Nevada, January 22, 1867; Indiana, January 23, 1867; Missouri, January
    25, 1867; Pennsylvania, February 6, 1867; Rhode Island, February 7,
    1867; Wisconsin, February 13, 1867; Massachusetts, March 20, 1867;
    Nebraska, June 15, 1867; Iowa, March 16, 1868; Arkansas, April 6, 1868;
    Florida, June 9, 1868; North Carolina, July 4, 1868 (after having
    rejected the amendment December 14, 1866); Louisiana, July 9, 1868
    (after having rejected the amendment February 6, 1867); South Carolina,
    July 9, 1868 (after having rejected the amendment December 20, 1866).
    Ratification was completed on July 9, 1868. The amendment was
    subsequently ratified by Alabama, July 13, 1868; Georgia, July 21, 1868
    (after having rejected it on November 9, 1866); Virginia, October 8,
    1869 (after having rejected it on January 9, 1867); Mississippi, January
    17, 1870; Texas, February 18, 1870 (after having rejected it on October
    27, 1866); Delaware, February 12, 1901 (after having rejected it on
    February 8, 1867); Maryland, April 4, 1959 (after having rejected it on
    March 23, 1867); California, May 6, 1959; Kentucky, March 30, 1976
    (after having rejected it on January 10, 1867).
    ---------------------------------------------------------------------------
      Section 2. <> Representatives shall be apportioned among the several
    States according to their respective numbers, counting the whole number
    of persons in each State, excluding Indians not taxed. But when the
    right to vote at any election for the choice of electors for President
    and Vice President of the United States, Representatives in Congress,
    the Executive and Judicial officers of a State, or the members of the
    Legislature thereof, is denied to any of the male inhabitants of such
    State, being twenty-one years of age, and citizens of the United States,
    or in any way abridged, except for participation in rebellion, or other
    crime, the basis of representation therein shall be reduced

    [[Page [99]]]

    in the proportion which the number of such male citizens shall bear to
    ---------------------------------------------------------------------------
    the whole number of male citizens twenty-one years of age in such State.

      There <> has been a readjustment of House representation each 10
    years except during the period 1911 to 1929 (VI, 41, footnote). From
    March 4, 1913, permanent House membership has remained fixed at 435 (VI,
    40, 41; 37 Stat. 13). Upon admission of Alaska and Hawaii to statehood,
    total membership was temporarily increased to 437 until the next
    reapportionment (72 Stat. 339, 345; 73 Stat. 8). Congress has by law
    provided for automatic apportionment of the 435 Representatives among
    the States according to each census including and after that of 1950 (2
    U.S.C. 2a). The Apportionment Act formerly provided that the districts
    in a State were to be composed of contiguous and compact territory
    containing as nearly as practicable an equal number of inhabitants (I,
    303; VI, 44); but subsequent apportionment Acts, those of 1929 (46 Stat.
    26) and 1941 (55 Stat. 761), omitted such provisions (see Wood v. Broom,
    287 U.S. 1 (1932)).
      Congress has by law provided that for the 91st and subsequent
    Congresses each State entitled to more than one Representative shall
    establish a number of districts equal to the number of such
    Representatives, and that Representatives shall be elected only from the
    single-Member districts so established. (Hawaii and New Mexico were
    excepted from the operation of this statute for the elections to the
    91st Congress by Public Law 90-196; see 2 U.S.C. 2c). After any
    apportionment, until a State is redistricted in a manner provided by its
    own law and in compliance with the congressional mandate, the question
    of whether its Representatives shall be elected by districts, at large,
    or by a combination of both, is determined by the Apportionment Act of
    1941 (2 U.S.C. 2a).
      Under the Apportionment Act, a statistical model known as the ``method
    of equal proportions'' is used to determine the number of
    Representatives to which each State is entitled. Although other methods
    for apportioning House seats may be permitted, the equal proportions
    method chosen by Congress has been upheld under the Constitution and was
    plainly intended to reach as close as practicable the goal of ``one
    person, one vote'' (Massachusetts v. Mosbacher, 785 F. Supp. 230 (D.
    Mass. 1992), rev'd on other grounds Franklin v. Massachusetts, 505 U.S.
    788 (1992)). The courts also have recently upheld under Federal law and
    the Constitution a counting methodology used by the Census Bureau in a
    decennial census. This method, known as ``imputation,'' was held to be
    different than ``sampling,'' a method prohibited under section 195 of
    title 13, United States Code (Utah v. Evans, 536 U.S. 452 (2002)). The
    method of apportioning the seats in the House is vested exclusively in
    Congress, and neither States nor courts

    [[Page [100]]]

    may direct greater or lesser representation than that allocated by
    statute (Deschler, ch 8 Sec. 1). See Deschler, ch. 8 for apportionment
    and districting.
      The <> House has always
    seated Members elected at large in the States, although the law required
    election by districts (I, 310, 519). Questions have arisen from time to
    time when a vacancy has occurred soon after a change in districts, with
    the resulting question whether the vacancy should be filled by election
    in the old or new district (I, 311, 312, 327). The House has declined to
    interfere with the act of a State in changing the boundaries of a
    district after the apportionment has been made (I, 313).
      The Attorney General has stated that all Indians are subject to
    taxation. 39 Op. Att'y Gen. 518 (1940).
      The Supreme <> Court has ruled that congressional districts must be as
    equally populated as practicable. Wesberry v. Sanders, 376 U.S. 1
    (1964); Kirkpatrick v. Preisler, 385 U.S. 450 (1967). The Court has made
    clear that variances in population among congressional districts within
    a State may be considered de minimis only if they cannot practicably be
    avoided. If such variances, no matter how mathematically miniscule,
    could have been reduced or eliminated by a good faith effort, then they
    may be justified only on the basis of a consistent, rational State
    policy. Karcher v. Daggett, 462 U.S. 725 (1983). The Court has also made
    evident that it will take judicial review of a claims that apportionment
    schemes lack consistent, rational bases. Davis v. Bandemer, 478 U.S. 109
    (1986) (holding political gerrymandering complaint justiciable under
    equal protection clause).

      Section 3. <> No person shall be a Senator or Representative in
    Congress, or elector of President and Vice President, or hold any
    office, civil or military, under the United States, or under any State,
    who, having previously taken an oath, as a member of Congress, or as an
    officer of the United States, or as a member of any State legislature,
    or as an executive or judicial officer of any State, to support the
    Constitution of the United States, shall have engaged in insurrection or
    rebellion against the same, or given aid or comfort to the enemies
    thereof. But Congress may by a vote of two-thirds of each House, remove
    such disability.

    -
    [[Page [101]]]

      Congress <> has by law removed generally the disabilities
    arising from the Civil War (30 Stat. L., p. 432). Soon after the war
    various questions arose under this section (I, 386, 393, 455, 456). For
    disloyalty to the United States, for giving aid and comfort to a public
    enemy, for publication of expressions hostile to the Government a
    Member-elect was denied a seat in the House (VI, 56, 58). As to the
    meaning of the words ``aid or comfort'' as used in the 14th amendment
    (VI, 57).

      Section 4. <> The
    validity of the public debt of the United States, authorized by law,
    including debts incurred for payment of pensions and bounties for
    services in suppressing insurrection or rebellion, shall not be
    questioned. But neither the United States nor any State shall assume or
    pay any debt or obligation incurred in aid of insurrection or rebellion
    against the United States, or any claim for the loss or emancipation of
    any slave; but all such debts, obligations and claims shall be held
    illegal and void.

    <>   Section 5. The
    Congress shall have power to enforce, by appropriate legislation, the
    provisions of this article.

      Congress may legislate under this section to protect voting rights by
    preempting State qualifications for electors which are discriminatory
    (Katzenbach v. Morgan, 384 U.S. 641 (1966)), and may lower the voting
    age in Federal (but not State) elections (Oregon v. Mitchell, 400 U.S.
    112 (1970)).

    [[Page [102]]]

    [DOCID:hd284-24]
                           AMENDMENT XV.\6\

      Section 1. <> The right of citizens of the United States to vote shall
    not be denied or abridged by the United States or by any State on
    account of race, color, or previous condition of servitude.
    ---------------------------------------------------------------------------
      \6\ The 15th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    40th Congress on February 26, 1869, and was declared, in a proclamation
    of the Secretary of State, dated March 30, 1870, to have been ratified
    by the legislatures of 29 of the 37 States. The dates of these
    ratifications were: Nevada, March 1, 1869; West Virginia, March 3, 1869;
    North Carolina, March 5, 1869; Illinois, March 5, 1869; Louisiana, March
    5, 1869; Michigan, March 8, 1869; Wisconsin, March 9, 1869; Maine, March
    11, 1869; Massachusetts, March 12, 1869; Arkansas, March 15, 1869; South
    Carolina, March 15, 1869; Pennsylvania, March 25, 1869; New York, April
    14, 1869 (subsequently withdrew its consent to the ratification on
    January 5, 1870 but rescinded this action on March 30, 1970); Indiana,
    May 14, 1869; Connecticut, May 19, 1869; Florida, June 14, 1869; New
    Hampshire, July 1, 1869; Virginia, October 8, 1869; Vermont, October 20,
    1869; Alabama, November 16, 1869; Missouri, January 7, 1870 (Missouri
    had ratified the first section of the 15th amendment on March 1, 1869,
    but had failed to include in its ratification the second section of the
    amendment); Minnesota, January 13, 1870; Mississippi, January 17, 1870;
    Rhode Island, January 18, 1870; Kansas, January 19, 1870; Ohio, January
    27, 1870 (after having rejected the amendment April 30, 1869); Georgia,
    February 2, 1870; Iowa, February 3, 1870. Ratification was completed on
    February 3, 1870, unless the withdrawal of ratification by New York was
    effective; in which event ratification was completed on February 17,
    1870, when ratified by Nebraska. The amendment was subsequently ratified
    by Texas, February 18, 1870; New Jersey, February 15, 1871 (after having
    rejected it on February 7, 1870); Delaware, February 12, 1901 (after
    having rejected it on March 18, 1869); Oregon, February 24, 1959;
    California, April 3, 1962 (after having rejected it on January 28,
    1870); Maryland, May 7, 1973 (after having rejected it on February 4 and
    February 26, 1870); Kentucky, March 30, 1976 (after having rejected it
    on March 11 and March 12, 1869); and Tennessee, April 2, 1997, (after
    having rejected it on November 16, 1869).
    ---------------------------------------------------------------------------
      Section 2. The Congress shall have power to enforce this article by
    appropriate legislation.

    [[Page [103]]]

    [DOCID:hd284-25]
                          AMENDMENT XVI.\7\

      The <> Congress shall have power to
    lay and collect taxes on incomes, from whatever source derived, without
    apportionment among the several States, and without regard to any census
    or enumeration.
    ---------------------------------------------------------------------------
      \7\ The 16th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    61st Congress on July 16, 1909, and was declared, in a proclamation of
    the Secretary of State dated February 25, 1913, to have been ratified by
    the legislatures of 36 of the 48 States. The dates of ratification were:
    Alabama, August 10, 1909; Kentucky, February 8, 1910; South Carolina,
    February 19, 1910; Illinois, March 1, 1910; Mississippi, March 7, 1910;
    Oklahoma, March 10, 1910; Maryland, April 8, 1910; Georgia, August 3,
    1910; Texas, August 16, 1910; Ohio, January 19, 1911; Idaho, January 20,
    1911; Oregon, January 23, 1911; Washington, January 26, 1911; Montana,
    January 30, 1911; Indiana, January 30, 1911; California, January 31,
    1911; Nevada, January 31, 1911; South Dakota, February 3, 1911;
    Nebraska, February 9, 1911; North Carolina, February 11, 1911; Colorado,
    February 15, 1911; North Dakota, February 17, 1911; Kansas, February 18,
    1911; Michigan, February 23, 1911; Iowa, February 24, 1911; Missouri,
    March 16, 1911; Maine, March 31, 1911; Tennessee, April 7, 1911;
    Arkansas, April 22, 1911 (after having rejected it at the session begun
    January 9, 1911); Wisconsin, May 26, 1911; New York, July 12, 1911;
    Arizona, April 6, 1912; Minnesota, June 11, 1912; Louisiana, June 28,
    1912; West Virginia, January 31, 1913; Delaware, February 3, 1913;
    Wyoming, February 3, 1913; New Mexico, February 3, 1913. Ratification
    was completed on February 3, 1913. The amendment was subsequently
    ratified by New Jersey, February 4, 1913; Vermont, February 19, 1913
    (after having rejected the amendment January 17, 1911); Massachusetts,
    March 4, 1913; New Hampshire, March 7, 1913 (after having rejected the
    amendment March 2, 1911). The amendment was rejected by Rhode Island,
    April 29, 1910; Utah, March 9, 1911; Connecticut, June 28, 1911; and
    Florida, May 31, 1913. Pennsylvania and Virginia did not complete
    action.

    ---------------------------------------------------------------------------

    [[Page [104]]]

    [DOCID:hd284-26]
                          AMENDMENT XVII.\8\

      The <> Senate of
    the United States shall be composed of two Senators from each State,
    elected by the people thereof, for six years; and each Senator shall
    have one vote. The electors in each State shall have the qualifications
    requisite for electors of the most numerous branch of the State
    legislatures.
    ---------------------------------------------------------------------------
      \8\ See article I, section 3 of the Constitution. The 17th
    amendment to the Constitution was proposed to the legislatures of the
    several States by the 62d Congress on May 15, 1912, and was declared, in
    a proclamation by the Secretary of State dated May 31, 1913, to have
    been ratified by the legislatures of 36 of the 48 States. The dates of
    ratification were: Massachusetts, May 22, 1912; Arizona, June 3, 1912;
    Minnesota, June 10, 1912; New York, January 15, 1913; Kansas, January
    17, 1913; Oregon, January 23, 1913; North Carolina, January 25, 1913;
    California, January 28, 1913; Michigan, January 28, 1913; Iowa, January
    30, 1913; Montana, January 30, 1913; Idaho, January 31, 1913; West
    Virginia, February 4, 1913; Colorado, February 5, 1913; Nevada, February
    6, 1913; Texas, February 7, 1913; Washington, February 7, 1913; Wyoming,
    February 8, 1913; Arkansas, February 11, 1913; Maine, February 11, 1913;
    Illinois, February 13, 1913; North Dakota, February 14, 1913; Wisconsin,
    February 18, 1913; Indiana, February 19, 1913; New Hampshire, February
    19, 1913; Vermont, February 19, 1913; South Dakota, February 19, 1913;
    Oklahoma, February 24, 1913; Ohio, February 25, 1913; Missouri, March 7,
    1913; New Mexico, March 13, 1913; Nebraska, March 14, 1913; New Jersey,
    March 17, 1913; Tennessee, April 1, 1913; Pennsylvania, April 2, 1913;
    Connecticut, April 8, 1913. Ratification was completed on April 8, 1913.
    The amendment was subsequently ratified by Louisiana, June 11, 1914;
    North Carolina, May 3, 1989; Alabama, April 16, 2002. The amendment was
    rejected by Utah, February 26, 1913; Delaware, March 18, 1913. Florida,
    Georgia, Rhode Island, and South Carolina did not complete action.
    ---------------------------------------------------------------------------
      When vacancies happen in the representation of any State in the
    Senate, the executive authority of such State shall issue writs of
    election to fill such vacancies: Provided, That the legislature of any
    State may empower the executive

    [[Page [105]]]

    thereof to make temporary appointments until the people fill the
    vacancies by election as the legislature may direct.
      This amendment shall not be so construed as to affect the election or
    term of any Senator chosen before it becomes valid as part of the
    Constitution.

      Senator <> Rebecca
    L. Felton, appointed during the recess of the Senate on October 3, 1922,
    to fill a vacancy, was the first woman to sit in the Senate (VI, 156).
    Senator Walter F. George was elected to fill the vacancy on Novem-
    ber 7, 1922. Mrs. Felton took the oath of office on November 21, 1922,
    and Senator George took the oath November 22, 1922 (VI, 156). Discussion
    as to the term of service of a Senator appointed by a State executive to
    fill a vacancy (VI, 156).
      The <> right of an
    elector to vote for a Senator is fundamentally derived from the United
    States Constitution (United States v. Aczel 219 F.2d 917 (1915)) and may
    not be denied in a discriminatory fashion (Chapman v. King, 154 F.2d 460
    (1946), cert. denied, 327 U.S. 800 (1946); Forssenius v. Harman, 235 F.
    Supp. 66 (1964), affd., 380 U.S. 529 (1965)).

    [DOCID:hd284-27]
                         AMENDMENT XVIII.\9\

      Section 1. <> [After one year from the ratification of this article the
    manufacture, sale, or transportation of intoxi

    [[Page [106]]]

    cating liquors within, the importation thereof into, or the exportation
    thereof from the United States and all territories subject to the
    jurisdiction thereof for beverage purposes is hereby prohibited.
    ---------------------------------------------------------------------------
      \9\ See amendment XXI, repealing this amendment. The 18th
    amendment to the Constitution of the United States was proposed to the
    legislatures of the several States by the 65th Congress on December 18,
    1917, and was declared in a proclamation by the Secretary of State dated
    January 29, 1919, to have been ratified by the legislatures of 36 of the
    48 States. The dates of these ratifications were: Mississippi, January
    8, 1918; Virginia, January 11, 1918; Kentucky, January 14, 1918; North
    Dakota, January 25, 1918; South Carolina, January 29, 1918; Maryland,
    February 13, 1918; Montana, February 19, 1918; Texas, March 4, 1918;
    Delaware, March 18, 1918; South Dakota, March 20, 1918; Massachusetts,
    April 2, 1918; Arizona, May 24, 1918; Georgia, June 26, 1918; Louisiana,
    August 3, 1918; Florida, December 3, 1918; Michigan, January 2, 1919;
    Ohio, January 7, 1919; Oklahoma, January 7, 1919; Idaho, January 8,
    1919; Maine, January 8, 1919; West Virginia, January 9, 1919;
    California, January 13, 1919; Tennessee, January 13, 1919; Washington,
    January 13, 1919; Arkansas, January 14, 1919; Kansas, January 14, 1919;
    Alabama, January 15, 1919; Colorado, January 15, 1919; Iowa, January 15,
    1919; New Hampshire, January 15, 1919; Oregon, January 15, 1919;
    Nebraska, January 16, 1919; North Carolina, January 16, 1919; Utah,
    January 16, 1919; Missouri, January 16, 1919; Wyoming, January 16, 1919.
    Ratification was completed on January 16, 1919. The amendment was
    subsequently ratified by Minnesota, January 17, 1919; Wisconsin, January
    17, 1919; New Mexico, January 20, 1919; Nevada, January 21, 1919; New
    York, January 29, 1919; Vermont, January 29, 1919; Pennsylvania,
    February 25, 1919; Connecticut, May 6, 1919; and New Jersey, March 9,
    1922. Rhode Island rejected the amendment.
    ---------------------------------------------------------------------------
      Section 2. The Congress and the several States shall have concurrent
    power to enforce this article by appropriate legislation.
      Section 3. This article shall be inoperative unless it shall have been
    ratified as an amendment to the Constitution by the legislatures of the
    several States, as provided in the Constitution, within seven years from
    the date of the submission hereof to the States by the Congress.]

    [DOCID:hd284-28]
                          AMENDMENT XIX.\10\

      The <s suffrage.>> right of citizens
    of the United States to vote shall not be denied or abridged by the
    United States or by any State on account of sex.
    ---------------------------------------------------------------------------
      \10\ The 19th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    66th Congress on June 5, 1919, and was declared in a proclamation by the
    Secretary of State dated August 26, 1920, to have been ratified by the
    legislatures of 36 of the 48 States. The dates of these ratifications
    were: Illinois, June 10, 1919 (and that State readopted its resolution
    of ratification June 17, 1919); Michigan, June 10, 1919; Wisconsin, June
    10, 1919; Kansas, June 16, 1919; New York, June 16, 1919; Ohio, June 16,
    1919; Pennsylvania, June 24, 1919; Massachusetts, June 25, 1919; Texas,
    June 28, 1919; Iowa, July 2, 1919; Missouri, July 3, 1919; Arkansas,
    July 28, 1919; Montana, August 2, 1919; Nebraska, August 2, 1919;
    Minnesota, September 8, 1919; New Hampshire, September 10, 1919; Utah,
    October 2, 1919; California, November 1, 1919; Maine, November 5, 1919;
    North Dakota, December 1, 1919; South Dakota, December 4, 1919;
    Colorado, December 15, 1919; Kentucky, January 6, 1920; Rhode Island,
    January 6, 1920; Oregon, January 13, 1920; Indiana, January 16, 1920;
    Wyoming, January 27, 1920; Nevada, February 7, 1920; New Jersey,
    February 9, 1920; Idaho, February 11, 1920; Arizona, February 12, 1920;
    New Mexico, February 21, 1920; Oklahoma, February 28, 1920; West
    Virginia, March 10, 1920; Washington, March 22, 1920; Tennessee, August
    28, 1920. Ratification was completed on August 28, 1920. The amendment
    was subsequently ratified by Connecticut, September 14, 1920 (and that
    State reaffirmed on September 21, 1920); Vermont, February 8, 1921;
    Delaware, March 6, 1923 (after having rejected the amendment on June 2,
    1920); Maryland, March 29, 1941 (after having rejected the amendment on
    February 24, 1920; ratification certified February 25, 1958); Virginia,
    February 21, 1952 (after having rejected the amendment February 12,
    1920); Alabama, September 8, 1953 (after having rejected the amendment
    September 22, 1919); Florida, May 13, 1969; South Carolina, July 1, 1969
    (after having rejected the amendment on January 28, 1920); Georgia,
    February 20, 1970 (after having rejected the amendment on July 24,
    1919); Louisiana, June 11, 1970 (after having rejected it on July 1,
    1920); North Carolina, May 6, 1971; Mississippi, March 22, 1984 (after
    having rejected the amendment on March 29, 1920).

    ---------------------------------------------------------------------------

    [[Page [107]]]

      Congress shall have power to enforce this article by appropriate
    legislation.

    [DOCID:hd284-29]
                          AMENDMENT XX.\11\

      Section 1. <> The terms of the President and
    Vice President shall end at noon on the 20th day of January, and the
    terms of Senators and Representa

    [[Page [108]]]

    tives at noon on the 3d day of January, of the years in which such terms
    would have ended if this article had not been ratified; and the terms of
    their successors shall then begin.
    ---------------------------------------------------------------------------
      \11\ See article I, section 4 of the Constitution. The 20th
    amendment to the Constitution was proposed to the legislatures of the
    several States by the 72d Congress, on March 3, 1932, and was declared
    in a proclamation by the Secretary of State dated February 6, 1933, to
    have been ratified by the legislatures of 36 of the 48 States. The dates
    of these ratifications were: Virginia, March 4, 1932; New York, March
    11, 1932; Mississippi, March 16, 1932; Arkansas, March 17, 1932;
    Kentucky, March 17, 1932; New Jersey, March 21, 1932; South Carolina,
    March 25, 1932; Michigan, March 31, 1932; Maine, April 1, 1932; Rhode
    Island, April 14, 1932; Illinois, April 21, 1932; Louisiana, June 22,
    1932; West Virginia, July 30, 1932; Pennsylvania, August 11, 1932;
    Indiana, August 15, 1932; Texas, September 7, 1932; Alabama, September
    13, 1932; California, January 4, 1933; North Carolina, January 5, 1933;
    North Dakota, January 9, 1933; Minnesota, January 12, 1933; Montana,
    January 13, 1933; Nebraska, January 13, 1933; Oklahoma, January 13,
    1933; Arizona, January 13, 1933; Kansas, January 16, 1933; Oregon,
    January 16, 1933; Wyoming, January 19, 1933; Delaware, January 19, 1933;
    Washington, January 19, 1933; South Dakota, January 20, 1933; Tennessee,
    January 20, 1933; Iowa, January 20, 1933; Idaho, January 21, 1933; New
    Mexico, January 21, 1933; Ohio, January 23, 1933; Utah, January 23,
    1933; Missouri, January 23, 1933; Georgia, January 23, 1933.
    Ratification was completed on January 23, 1933. The amendment was
    subsequently ratified by Massachusetts, January 24, 1933; Wisconsin,
    January 24, 1933; Colorado, January 24, 1933; Nevada, January 26, 1933;
    Connecticut, January 27, 1933; New Hampshire, January 31, 1933; Vermont,
    February 2, 1933; Maryland, March 24, 1933; Florida, April 26, 1933.
      The ratification of this amendment to the Constitution shortened the
    first term of President Franklin D. Roosevelt and Vice President John N.
    Garner, and the terms of all Senators and Representatives of the 73d
    Congress.
    ---------------------------------------------------------------------------
      Section 2. <> The Congress shall
    assemble at least once in every year, and such meeting shall begin at
    noon on the 3d day of January, unless they shall by law appoint a
    different day.

      Prior to the ratification of the 20th amendment Congress met on the
    first Monday in December as provided in article I, section 4, of the
    Constitution. For discussion of the term of Congress prior to and
    pursuant to the

    [[Page [109]]]

    20th amendment, see Sec. 6, supra (accompanying art. I, sec. 2, cl. 1),
    and Deschler, ch. 1.
      Pursuant to section 2 of the 20th amendment, a regular session of a
    Congress must begin at noon on January 3 of every year unless Congress
    sets a different date by law, and if the House is in session at that
    time the Speaker declares the House adjourned sine die without a motion
    from the floor, in order that the next regular session of that Congress,
    or the first session of the next Congress (as the case may be) may
    assemble at noon on that day (Jan. 3, 1981, p. 3774; Jan. 3, 1996, pp.
    35, 36).
      Since <> ratification, laws appointing a different day for
    assembling have been enacted as follows: Public Law 74-120, Jan. 5,
    1937; Public Law 77-395, Jan. 5, 1942; Public Law 77-819, Jan. 6, 1943;
    Public Law 78-210, Jan. 10, 1944; Public Law 79-289, Jan. 14, 1946;
    Public Law 80-358, Jan. 6, 1948; Public Law 82-244, Jan. 8, 1952; Public
    Law 83-199, Jan. 6, 1954; Public Law 83-700, Jan. 5, 1955; Public Law
    85-290, Jan. 7, 1958; Public Law 85-819, Jan. 7, 1959; Public Law 86-
    305, Jan. 6, 1960; Public Law 87-348, Jan. 10, 1962; Public Law 87-864,
    Jan. 9, 1963; Public Law 88-247, Jan. 7, 1964; Public Law 88-649, Jan.
    4, 1965; Public Law 89-340, Jan. 10, 1966; Public Law 89-704, Jan. 10,
    1967; Public Law 90-230, Jan. 15, 1968; Public Law 91-182, Jan. 19,
    1970; Public Law 91-643, Jan. 21, 1971; Public Law 92-217, Jan. 18,
    1972; Public Law 93-196, Jan. 21, 1974; Public Law 93-553, Jan. 14,
    1975; Public Law 94-186, Jan. 19, 1976; Public Law 94-494, Jan. 4, 1977;
    Public Law 95-594, Jan. 15, 1979; Public Law 96-566, Jan. 5, 1981;
    Public Law 97-133, Jan. 25, 1982; Public Law 98-179, Jan. 23, 1984;
    Public Law 99-379, Jan. 21, 1986; Public Law 99-613, Jan. 6, 1987;
    Public Law 100-229, Jan. 25, 1988; Public Law 101-228, Jan. 23, 1990;
    Public Law 102-475, Jan. 5, 1993; Public Law 103-395, Jan. 4, 1995;
    Public Law 104-296, Jan. 7, 1997; Public Law 105-140, Jan. 27, 1998;
    Public Law 105-350, Jan. 6, 1999; Public Law 106-127, Jan. 24, 2000;
    Public Law 107-328, Jan. 7, 2003.

    -  Section 3. <> If, at the time fixed for the beginning of the term of
    the President, the President elect shall have died, the Vice President
    elect shall become President. If a President shall not have been chosen
    before the time fixed for the beginning of his term, or if the President
    elect shall have failed to qualify, then the Vice President elect shall
    act as President until a President shall have qualified; and the
    Congress may by law provide for the case wherein neither a Presi

    [[Page [110]]]

    dent elect nor a Vice President elect shall have qualified, declaring
    who shall then act as President, or the manner in which one who is to
    act shall be selected, and such person shall act accordingly until a
    President or Vice President shall have qualified.

      Congress <> provided by law in 1947 for the performance of the duties
    of the President in case of removal, death, resignation or inability,
    both of the President and Vice President (3 U.S.C. 19). Earlier
    succession statutes covering the periods 1792-1886 and 1887-1948 can be
    found in 18 Stat. 21, and 24 Stat. 1, respectively. Also see the 25th
    amendment to the Constitution, relating to vacancies in the Office of
    Vice President and Presidential inability.
      Prior to the 20th amendment there was no provision in the Constitution
    to take care of a case wherein the President-elect was disqualified or
    had died.
      Section 4. <> The
    Congress may by law provide for the case of the death of any of the
    persons from whom the House of Representatives may choose a President
    whenever the right of choice shall have devolved upon them, and for the
    case of the death of any of the persons from whom the Senate may choose
    a Vice President whenever the right of choice shall have devolved upon
    them.

      The above section changes the 12th amendment insofar as it gives
    Congress the power to provide by law the manner in which the House
    should proceed in the event no candidate had a majority and one of the
    three highest on the list of those voted for as President had died.

      Section 5. Sections 1 and 2 shall take effect on the 15th day of
    October following the ratification of this article.
      Section 6. This article shall be inoperative unless it shall have been
    ratified as an amend

    [[Page [111]]]

    ment to the Constitution by the legislatures of three-fourths of the
    several States within seven years from the date of its submission.

    [DOCID:hd284-30]
                          AMENDMENT XXI.\12\

      Section 1. <> The eighteenth
    article of amendment to the Constitution of the United States is hereby
    repealed.
    ---------------------------------------------------------------------------
      \12\ The 21st amendment to the Constitution of the United
    States was proposed to conventions of the several States by the 72d
    Congress on February 20, 1933, and was declared in a proclamation by the
    Acting Secretary of State dated December 5, 1933, to have been ratified
    by conventions in 36 of the 48 States. The dates of these ratifications
    were: Michigan, April 10, 1933; Wisconsin, April 25, 1933; Rhode Island,
    May 8, 1933; Wyoming, May 25, 1933; New Jersey, June 1, 1933; Delaware,
    June 24, 1933; Massachusetts, June 26, 1933; Indiana, June 26, 1933; New
    York, June 27, 1933; Illinois, July 10, 1933; Iowa, July 10, 1933;
    Connecticut, July 11, 1933; New Hampshire, July 11, 1933; California,
    July 24, 1933; West Virginia, July 25, 1933; Arkansas, August 1, 1933;
    Oregon, August 7, 1933; Alabama, August 8, 1933; Tennessee, August 11,
    1933; Missouri, August 29, 1933; Arizona, September 5, 1933; Nevada,
    September 5, 1933; Vermont, September 23, 1933; Colorado, September 26,
    1933; Washington, October 3, 1933; Minnesota, October 10, 1933; Idaho,
    October 17, 1933; Maryland, October 18, 1933; Virginia, October 25,
    1933; New Mexico, November 2, 1933; Florida, November 14, 1933; Texas,
    November 24, 1933; Kentucky, November 27, 1933; Ohio, December 5, 1933;
    Pennsylvania, December 5, 1933; Utah, December 5, 1933. The amendment
    was subsequently ratified by Maine on December 6, 1933; Montana, August
    6, 1934. The convention held in the State of South Carolina on December
    4, 1933, rejected the 21st amendment.
    ---------------------------------------------------------------------------
      Section 2. <> The transportation or importation into any State,
    Territory, or possession of the United States for delivery or use
    therein of intoxicating liquors, in violation of the laws thereof, is
    hereby prohibited.
      Section 3. This article shall be inoperative unless it shall have been
    ratified as an amendment to the Constitution by conventions in the
    several States, as provided in the Constitution,

    [[Page [112]]]

    within seven years from the date of the submission hereof to the States
    by the Congress.

    [DOCID:hd284-31]
                         AMENDMENT XXII.\13\

      Section 1. <> No person shall be elected to the office of the President
    more than twice, and no person who has held the office of President, or
    acted as President, for more than two years of a term to which some
    other person was elected President shall be elected to the office of the
    President more than once. But this Article shall not apply to any person
    holding the office of President when this Article was proposed by the
    Congress, and shall not prevent any person who may be holding the office
    of President, or acting as

    [[Page [113]]]

    President, during the term within which this Article becomes operative
    from holding the office of President or acting as President during the
    remainder of such term.
    ---------------------------------------------------------------------------
      \13\ The 22d amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    80th Congress on March 24, 1947, and was declared by the Administrator
    of General Services, in a proclamation dated March 1, 1951, to have been
    ratified by the legislatures of 36 of the 48 States. The dates of these
    ratifications were: Maine, March 31, 1947; Michigan, March 31, 1947;
    Iowa, April 1, 1947; Kansas, April 1, 1947; New Hampshire, April 1,
    1947; Delaware, April 2, 1947; Illinois, April 3, 1947; Oregon, April 3,
    1947; Colorado, April 12, 1947; California, April 15, 1947; New Jersey,
    April, 15, 1947; Vermont, April 15, 1947; Ohio, April 16, 1947;
    Wisconsin, April 16, 1947; Pennsylvania, April 29, 1947; Connecticut,
    May 21, 1947; Missouri, May 22, 1947; Nebraska, May 23, 1947; Virginia,
    January 28, 1948; Mississippi, February 12, 1948; New York, March 9,
    1948; South Dakota, January 21, 1949; North Dakota, February 25, 1949;
    Louisiana, May 17, 1950; Montana, January 25, 1951; Indiana, January 29,
    1951; Idaho, January 30, 1951; New Mexico, February 12, 1951; Wyoming,
    February 12, 1951; Arkansas, February 15, 1951; Georgia, February 17,
    1951; Tennessee, February 20, 1951; Texas, February 22, 1951; Nevada,
    February 26, 1951; Utah, February 26, 1951; Minnesota, February 27,
    1951. Ratification was completed February 27, 1951. The amendment was
    subsequently ratified by North Carolina, February 28, 1951; South
    Carolina, March 13, 1951; Maryland, March 14, 1951; Florida, April 16,
    1951; Alabama, May 4, 1951.
    ---------------------------------------------------------------------------
      Section 2. This article shall be inoperative unless it shall have been
    ratified as an amendment to the Constitution by the legislatures of
    three-fourths of the several States within seven years from the date of
    its submission to the States by the Congress.

    [DOCID:hd284-32]
                         AMENDMENT XXIII.\14\

      Section 1. <> The District constituting the seat of
    Government of the United States shall appoint in such manner as the
    Congress may direct:
    ---------------------------------------------------------------------------
      \14\ The 23d amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    86th Congress on June 17, 1960, and was declared by the Administrator of
    General Services, in a proclamation dated April 3, 1961, to have been
    ratified by the legislatures of 39 of the 50 States. The dates of these
    ratifications were: Hawaii, June 23, 1960; Massachusetts, August 22,
    1960; New Jersey, December 19, 1960; New York, January 17, 1961;
    California, January 19, 1961; Oregon, January 27, 1961; Maryland,
    January 30, 1961; Idaho, January 31, 1961; Maine, January 31, 1961;
    Minnesota, January 31, 1961; New Mexico, February 1, 1961; Nevada,
    February 2, 1961; Montana, February 26, 1961; Colorado, February 8,
    1961; Washington, February 9, 1961; West Virginia, February 9, 1961;
    Alaska, February 10, 1961; Wyoming, February 13, 1961; South Dakota,
    February 14, 1961; Delaware, February 20, 1961; Utah, February 21, 1961;
    Wisconsin, February 21, 1961; Pennsylvania, February 28, 1961; Indiana,
    March 3, 1961; North Dakota, March 3, 1961; Tennessee, March 6, 1961;
    Michigan, March 8, 1961; Connecticut, March 9, 1961; Arizona, March 10,
    1961; Illinois, March 14, 1961; Nebraska, March 15, 1961; Vermont, March
    15, 1961; Iowa, March 16, 1961; Missouri, March 20, 1961; Oklahoma,
    March 21, 1961; Rhode Island, March 22, 1961; Kansas, March 29, 1961;
    and Ohio, March 29, 1961. Ratification was completed March 29, 1961. The
    amendment was subsequently ratified by New Hampshire on March 30, 1961
    (when that State annulled and then repeated its ratification of March
    29, 1961). Arkansas rejected the amendment January 24, 1961.

    ---------------------------------------------------------------------------

    [[Page [114]]]

      A number of electors of President and Vice President equal to the
    whole number of Senators and Representatives in Congress to which the
    District would be entitled if it were a State, but in no event more than
    the least populous State; they shall be in addition to those appointed
    by the States, but they shall be considered, for the purposes of the
    election of President and Vice President, to be electors appointed by a
    State; and they shall meet in the District and perform such duties as
    provided by the twelfth article of amendment.
      Section 2. The Congress shall have power to enforce this article by
    appropriate legislation.

    [DOCID:hd284-33]
                         AMENDMENT XXIV.\15\

      Section 1. <> The right of citizens of the United States to vote in
    any primary or other election for President or Vice President, for
    electors for President

    [[Page [115]]]

    or Vice President, or for Senator or Representative in Congress, shall
    not be denied or abridged by the United States or any State by reason of
    failure to pay any poll tax or other tax.
    ---------------------------------------------------------------------------
      \15\ The 24th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    87th Congress on August 28, 1962, and was declared by the Administrator
    of General Services, in a proclamation dated February 4, 1964, to have
    been ratified by the legislatures of 38 of the 50 States. The dates of
    these ratifications were: Illinois, November 14, 1962; New Jersey,
    December 3, 1962; Oregon, January 25, 1963; Montana, January 28, 1963;
    West Virginia, February 1, 1963; New York, February 4, 1963; Maryland,
    February 6, 1963; California, February 7, 1963; Alaska, February 11,
    1963; Rhode Island, February 14, 1963; Indiana, February 19, 1963; Utah,
    February 20, 1963; Michigan, February 20, 1963; Colorado, February 21,
    1963; Ohio, February 27, 1963; Minnesota, February 27, 1963; New Mexico,
    March 5, 1963; Hawaii, March 6, 1963; North Dakota, March 7, 1963;
    Idaho, March 8, 1963; Washington, March 14, 1963; Vermont, March 15,
    1963; Nevada, March 19, 1963; Connecticut, March 20, 1963; Tennessee,
    March 21, 1963; Pennsylvania, March 25, 1963; Wisconsin, March 26, 1963;
    Kansas, March 28, 1963; Massachusetts, March 28, 1963; Nebraska, April
    4, 1963; Florida, April 18, 1963; Iowa, April 24, 1963; Delaware, May 1,
    1963; Missouri, May 13, 1963; New Hampshire, June 12, 1963; Kentucky,
    June 27, 1963; Maine, January 16, 1964; and South Dakota, January 23,
    1964. Ratification was completed on January 23, 1964. Mississippi
    rejected the amendment on December 20, 1962.

      Harman v. Forssenius, 380 U.S. 528 (1965); Harper v. Virginia State
    ---------------------------------------------------------------------------
    Board of Elections, 383 U.S. 663 (1966).

      Section 2. The Congress shall have power to enforce this article by
    appropriate legislation.

    [DOCID:hd284-34]
                          AMENDMENT XXV.\16\

      Section 1. <> In case of the removal of the President from office or of
    his death or resignation, the Vice President shall become President.
    ---------------------------------------------------------------------------
      \16\ The 25th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    89th Congress on July 7, 1965, and was declared by the Administrator of
    General Services, in a proclamation dated February 23, 1967, to have
    been ratified by the legislatures of 39 of the 50 States. The dates of
    these ratifications were: Nebraska, July 12, 1965; Wisconsin, July 13,
    1965; Oklahoma, July 16, 1965; Massachusetts, August 9, 1965;
    Pennsylvania, August 18, 1965; Kentucky, September 15, 1965; Arizona,
    September 22, 1965; Michigan, October 5, 1965; Indiana, October 20,
    1965; California, October 21, 1965; Arkansas, November 4, 1965; New
    Jersey, November 29, 1965; Delaware, December 7, 1965; Utah, January 17,
    1966; West Virginia, January 20, 1966; Maine, January 24, 1966; Rhode
    Island, January 28, 1966; Colorado, February 3, 1966; New Mexico,
    February 3, 1966; Kansas, February 8, 1966; Vermont, February 10, 1966;
    Alaska, February 18, 1966; Idaho, March 2, 1966; Hawaii, March 3, 1966;
    Virginia, March 8, 1966; Mississippi, March 10, 1966; New York, March
    14, 1966; Maryland, March 23, 1966; Missouri, March 30, 1966; New
    Hampshire, June 13, 1966; Louisiana, July 5, 1966; Tennessee, January
    12, 1967; Wyoming, January 25, 1967; Iowa, January 26, 1967; Washington,
    January 26, 1967; Oregon, February 2, 1967; Minnesota, February 10,
    1967; Nevada, February 10, 1967. Ratification was completed February 10,
    1967. The amendment was subsequently ratified by Connecticut, February
    14, 1967; Montana, February 15, 1967; South Dakota, March 6, 1967; Ohio,
    March 7, 1967; Alabama, March 14, 1967; North Carolina, March 22, 1967;
    Illinois, March 22, 1967; Texas, April 25, 1967; Florida, May 25, 1967.

    ---------------------------------------------------------------------------

    [[Page [116]]]

      Section 2. <> Whenever there is a vacancy
    in the office of the Vice President, the President shall nominate a Vice
    President who shall take office upon confirmation by a majority vote of
    both Houses of Congress.
      Section 3. <> Whenever the President transmits to the President pro
    tempore of the Senate and the Speaker of the House of Representatives
    his written declaration that he is unable to discharge the powers and
    duties of his office, and until he transmits to them a written
    declaration to the contrary, such powers and duties shall be discharged
    by the Vice President as Acting President.
      Section 4. <> Whenever the Vice President
    and a majority of either the principal officers of the executive
    departments or of such other body as Congress may by law provide,
    transmit to the President pro tempore of the Senate and the Speaker of
    the House of Representatives their written declaration that the
    President is unable to discharge the powers and duties of his office,
    the Vice President shall immediately assume the

    [[Page [117]]]

    powers and duties of the office as Acting President.
      Thereafter, when the President transmits to the President pro tempore
    of the Senate and the Speaker of the House of Representatives his
    written declaration that no inability exists, he shall resume the powers
    and duties of his office unless the Vice President and a majority of
    either the principal officers of the executive department or of such
    other body as Congress may by law provide, transmit within four days to
    the President pro tempore of the Senate and the Speaker of the House of
    Representatives their written declaration that the President is unable
    to discharge the powers and duties of his office. Thereupon Congress
    shall decide the issue, assembling within forty-eight hours for that
    purpose if not in session. If the Congress, within twenty-one days after
    receipt of the latter written declaration, or, if Congress is not in
    session, within twenty-one days after Congress is required to assemble,
    determines by two-thirds vote of both Houses that the President is
    unable to discharge the powers and duties of his office, the Vice
    President shall continue to discharge the same as Acting President;
    otherwise, the President shall resume the powers and duties of his
    office.

    [[Page [118]]]

      Congress <> has twice performed its responsibility under section two of
    the 25th amendment. On October 13, 1973, the Speaker laid before the
    House a message from President Nixon transmitting his nomination of
    Gerald R. Ford, Representative and Minority Leader in the House of
    Representatives, to be Vice President of the United States, Vice
    President Agnew having resigned on October 10, 1973. The Speaker
    referred the nomination to the Committee on the Judiciary, which under
    clause 1(k)(14) of rule X has jurisdiction over messages and matters
    relating to Presidential succession (Oct. 13, 1973, p. 34032). The
    nomination of Mr. Ford to be Vice President was confirmed by the Senate
    on November 27, 1973 (p. 38225) and by the House on December 6, 1973 (p.
    39900), and Vice President Ford was sworn in in the Chamber of the House
    of Representatives on December 6 (p. 39925). Subsequently, President
    Nixon resigned from office by delivering his written resignation into
    the Office of the Secretary of State, pursuant to 3 U.S.C. 20, on August
    9, 1974. Pursuant to section one of the 25th amendment, Vice President
    Ford became President, and was sworn in in the East Room at the White
    House. He nominated Nelson A. Rockefeller to be Vice President which
    nomination was received in the House of Representatives and referred to
    the Committee on the Judiciary on August 20, 1974; the nomination was
    confirmed by the Senate on December 10, 1974 (p. 38936) and by the House
    on December 19, 1974 (p. 41516), and Vice President Rockefeller was
    sworn in in the Senate Chamber on December 19, 1974 (p. 41181). On both
    instances, the House received the message from the Senate, announcing
    that body's confirmation of the nominee for Vice President, following
    the vote on confirmation by the House.
      The Chair laid before the House communications from the President
    pursuant to section 3 of this amendment as follows: First, before
    undergoing sedation for a medical procedure, declaring his impending
    inability to discharge the constitutional powers and duties of the
    Office of President and advising that the Vice President would discharge
    those responsibilities as Acting President until the President declared
    his ability to resume that role; and second (after recovering from the
    sedation and the medical procedure) declaring his ability to resume the
    discharge the constitutional powers and duties of the Office of
    President, and advising that he was doing so immediately (July 15, 1985,
    pp. 18955-56; July 8, 2002, p. ----).

    [[Page [119]]]

    [DOCID:hd284-35]
                         AMENDMENT XXVI.\17\

      Section 1. <> The right of citizens of the United States, who
    are eighteen years of age or older, to vote shall not be denied or
    abridged by the United States or by any State on account of age.
    ---------------------------------------------------------------------------
      \17\ The 26th amendment to the Constitution was proposed by
    the Congress on March 23, 1971. It was declared, in a certificate of the
    Administrator of General Services, dated July 5, 1971, to have been
    ratified by the legislatures of 39 of the 50 States. The dates of
    ratification were: Connecticut, March 23, 1971; Delaware, March 23,
    1971; Minnesota, March 23, 1971; Tennessee, March 23, 1971; Washington,
    March 23, 1971; Hawaii, March 24, 1971; Massachusetts, March 24, 1971;
    Montana, March 29, 1971; Arkansas, March 30, 1971; Idaho, March 30,
    1971; Iowa, March 30, 1971; Nebraska, April 2, 1971; New Jersey, April
    3, 1971; Kansas, April 7, 1971; Michigan, April 7, 1971; Alaska, April
    8, 1971; Maryland, April 8, 1971; Indiana, April 8, 1971; Maine, April
    9, 1971; Vermont, April 16, 1971; Louisiana, April 17, 1971; California,
    April 19, 1971; Colorado, April 27, 1971; Pennsylvania, April 27, 1971;
    Texas, April 27, 1971; South Carolina, April 28, 1971; West Virginia,
    April 28, 1971; New Hampshire, May 13, 1971; Arizona, May 14, 1971;
    Rhode Island, May 27, 1971; New York, June 2, 1971; Oregon, June 4,
    1971; Missouri, June 14, 1971; Wisconsin, June 22, 1971; Illinois, June
    29, 1971; Alabama, June 30, 1971; Ohio, June 30, 1971; North Carolina,
    July 1, 1971; Oklahoma, July 1, 1971.
      Ratification was completed on July 1, 1971.
      The amendment was subsequently ratified by Virginia, July 8, 1971;
    Wyoming, July 8, 1971; Georgia, October 4, 1971.
    ---------------------------------------------------------------------------
      Section 2. The Congress shall have power to enforce this article by
    appropriate legislation.

    [[Page [120]]]

    [DOCID:hd284-36]
                         AMENDMENT XXVII.\18\

      No law, varying the <> compensation for the services of the
    Senators and Representatives, shall take effect, until an election of
    Representatives shall have intervened.
    ---------------------------------------------------------------------------
      \18\ The 27th amendment to the Constitution was proposed on
    September 25, 1789. It was declared to have been ratified by the
    legislatures of 39 of the 50 States in a certificate of the Archivist
    dated May 18, 1992. The dates of ratification were: Maryland, December
    19, 1789; North Carolina, December 22, 1789; South Carolina, January 19,
    1790; Delaware, January 28, 1790; Vermont, November 3, 1791; Virginia,
    December 15, 1791; Ohio, May 6, 1873; Wyoming, March 6, 1978; Maine,
    April 27, 1983; Colorado, April 22, 1984; South Dakota, February 21,
    1985; New Hampshire, March 7, 1985; Arizona, April 3, 1985; Tennessee,
    May 23, 1985; Oklahoma, July 10, 1985; New Mexico, February 14, 1986;
    Indiana, February 24, 1986; Utah, February 25, 1986; Arkansas, March 6,
    1987; Montana, March 17, 1987; Connecticut, May 13, 1987; Wisconsin,
    July 15, 1987; Georgia, February 2, 1988; West Virginia, March 10, 1988;
    Louisiana, July 7, 1988; Iowa, February 9, 1989; Idaho, March 23, 1989;
    Nevada, April 26, 1989; Alaska, May 6, 1989; Oregon, May 19, 1989;
    Minnesota, May 22, 1989; Texas, May 25, 1989; Kansas, April 5, 1990;
    Florida, May 31, 1990; North Dakota, March 25, 1991; Alabama, May 5,
    1992; Missouri, May 5, 1992; Michigan, May 7, 1992; and New Jersey, May
    7, 1992.
      Ratification was completed on May 7, 1992. The amendment was
    subsequently ratified by Illinois, May 12, 1992; and California, June
    26, 1992.

      To quell speculation over the efficacy of a ratification process
    spanning two centuries, the House adopted a concurrent resolution
    declaring the ratification of the amendment (H. Con. Res. 320, 102d
    Cong., May 19, 1992, p. 11779). The Senate adopted both a separate
    concurrent resolution and a simple resolution making similar
    declarations (S. Con. Res. 120 and S. Res. 298, 102d Cong., May 20,
    1992, p. 11869). Neither House considered the concurrent resolution of
    the other. For a concurrent resolution declaring the ratification of the
    14th amendment, see July 21, 1868. For opinions of the Supreme Court
    concerning the duration of the ratification process and the
    contemporaneity of State ratifications, see Dillon v. Gloss, 256 U.S.
    368 (1921) and Coleman v. Miller, 307 U.S. 433 (1939).
      For Federal court opinions upholding congressional cost-of-living
    adjustments for Members under in the Ethics Reform Act of 1989 (103
    Stat. 1716), see Boehner v. Anderson, 809 F. Supp. 38 (D.D.C. 1992),
    aff'd, 30

    [[Page [121]]]

    F.3d 156 (D.C. Cir 1994); Schaffer v. Clinton, 54 F. Supp.2d 1014
    (D.Colo. 1999).

    [[Page [123]]]

    ========================================================================

                               JEFFERSON'S MANUAL

    ========================================================================

    [[Page [125]]]

           JEFFERSON'S MANUAL OF PARLIAMENTARY PRACTICE \1\

                                   __________

    [DOCID:hd284-37]
                     sec. i--importance of adhering to rules

      Mr. <> Onslow, the ablest among the Speakers of the House of
    Commons, used to say, ``It was a maxim he had often heard when he was a
    young man, from old

    [[Page [126]]]

    and experienced Members, that nothing tended more to throw power into
    the hands of administration, and those who acted with the majority of
    the House of Commons, than a neglect of, or departure from, the rules of
    proceeding; that these forms, as instituted by our ancestors, operated
    as a check and control on the actions of the majority, and that they
    were, in many instances, a shelter and protection to the minority,
    against the attempts of power.'' So far the maxim is certainly true, and
    is founded in good sense, that as it is always in the power of the
    majority, by their numbers, to stop any improper measures proposed on
    the part of their opponents, the only weapons by which the minority can
    defend themselves against similar attempts from those in power are the
    forms and rules of proceeding

    [[Page [127]]]

    which have been adopted as they were found necessary, from time to time,
    and are become the law of the House, by a strict adherence to which the
    weaker party can only be protected from those irregularities and abuses
    which these forms were intended to check, and which the wantonness of
    power is but too often apt to suggest to large and successful
    majorities, 2 Hats., 171, 172.
    ---------------------------------------------------------------------------
      \1\ Jefferson's Manual was prepared by Thomas Jefferson for
    his own guidance as President of the Senate in the years of his Vice
    Presidency, from 1797 to 1801. In 1837 the House, by rule which still
    exists, provided that the provisions of the Manual should ``govern the
    House in all cases to which they are applicable and in which they are
    not inconsistent with the standing rules and orders of the House and
    joint rules of the Senate and House of Representatives.'' Rule XXVIII,
    Sec. 1105, infra. In 1880 the committee which revised the Rules of the
    House declared in their report that the Manual, ``compiled as it was for
    the use of the Senate exclusively and made up almost wholly of
    collations of English parliamentary practice and decisions, it was never
    especially valuable as an authority in the House of Representatives,
    even in its early history, and for many years past has been rarely
    quoted in the House'' (V, 6757). This statement, although sanctioned by
    high authority, is extreme, for in certain parts of the Manual are to be
    found the foundations of some of the most important portions of the
    House's practice.
    <>
    The Manual is regarded by English parliamentarians as the best statement
    of what the law of Parliament was at the time Jefferson wrote it.
    Jefferson himself says, in the preface of the work:
      ``I could not doubt the necessity of quoting the sources of my
    information, among which Mr. Hatsel's most valuable book is preeminent;
    but as he has only treated some general heads, I have been obliged to
    recur to other authorities in support of a number of common rules of
    practice, to which his plan did not descend. Sometimes each authority
    cited supports the whole passage. Sometimes it rests on all taken
    together. Sometimes the authority goes only to a part of the text, the
    residue being inferred from known rules and principles. For some of the
    most familiar forms no written authority is or can be quoted, no writer
    having supposed it necessary to repeat what all were presumed to know.
    The statement of these must rest on their notoriety.
      ``I am aware that authorities can often be produced in opposition to
    the rules which I lay down as parliamentary. An attention to dates will
    generally remove their weight. The proceedings of Parliament in ancient
    times, and for a long while, were crude, multiform, and embarrassing.
    They have been, however, constantly advancing toward uniformity and
    accuracy, and have now attained a degree of aptitude to their object
    beyond which little is to be desired or expected.
      ``Yet I am far from the presumption of believing that I may not have
    mistaken the parliamentary practice in some cases, and especially in
    those minor forms, which, being practiced daily, are supposed known to
    everybody, and therefore have not been committed to writing. Our
    resources in this quarter of the globe for obtaining information on that
    part of the subject are not perfect. But I have begun a sketch, which
    those who come after me will successively correct and fill up, till a
    code of rules shall be formed for the use of the Senate, the effects of
    which may be accuracy in business, economy of time, order, uniformity,
    and impartiality.''
      Jefferson also says in his preface, as to the source most desirable at
    that time from which to draw principles of procedure:
    <>   ``But to what system of rules is he to recur,
    as supplementary to those of the Senate? To this there can be but one
    answer: To the system of regulations adopted for the government of some
    one of the parliamentary bodies within these States, or of that which
    has served as a prototype to most of them. This last is the model which
    we have all studied, while we are little acquainted with the
    modifications of it in our several States. It is deposited, too, in
    publications possessed by many, and open to all. Its rules are probably
    as wisely constructed for governing the debates of a deliberative body,
    and obtaining its true sense, as any which can become known to us; and
    the acquiescence of the Senate, hitherto, under the references to them,
    has given them the sanction of the approbation.''
      Those portions of the Manual which refer exclusively to Senate
    procedure or which refer to English practice wholly inapplicable to the
    House have been omitted. Paragraphs from the Constitution of the United
    States have also been omitted, as the Constitution is printed in full in
    this volume.
    ---------------------------------------------------------------------------
      And <> whether these
    forms be in all cases the most rational or not is really not of so great
    importance. It is much more material that there should be a rule to go
    by than what that rule is; that there may be a uniformity of proceeding
    in business not subject to the caprice of the Speaker or captiousness of
    the members. It is very material that order, de

    [[Page [128]]]

    cency, and regularity be preserved in a dignified public body. 2 Hats.,
    149.
    * * * * *

    [DOCID:hd284-38]
                               sec. iii--privilege

      The <> privileges of members of Parliament, from small and
    obscure beginnings, have been advancing for centuries with a firm and
    never yielding pace. Claims seem to have been brought forward from time
    to time, and repeated, till some example of their admission enabled them
    to build law on that example. We can only, therefore, state the points
    of progression at which they now are. It is now acknowledged, 1st. That
    they are at all times exempted from question elsewhere, for anything
    said in their own House; that during the time of privilege, 2d. Neither
    a member himself, his, order H. of C. 1663, July 16, wife, nor his
    servants (familiares sui), for any matter of their own, may be, Elsynge,
    217; 1 Hats., 21; 1 Grey's Deb., 133, arrested on mesne process, in any
    civil suit: 3d. Nor be detained under execution, though levied before
    time of privilege: 4th. Nor impleaded, cited, or subpoenaed in any
    court: 5th. Nor summoned as a witness or juror: 6th. Nor may their lands
    or goods be distrained: 7th. Nor their persons assaulted, or characters
    traduced. And the period of time covered by privilege, before and after
    the session, with the practice of short prorogations under the
    connivance of the Crown, amounts in fact to a perpetual protection
    against the course of justice. In

    [[Page [129]]]

    one instance, indeed, it has been relaxed by the 10 G. 3, c. 50, which
    permits judiciary proceedings to go on against them. That these
    privileges must be continually progressive, seems to result from their
    rejecting all definition of them; the doctrine being, that ``their
    dignity and independence are preserved by keeping their privileges
    indefinite; and that `the maxims upon which they proceed, together with
    the method of proceeding, rest entirely in their own breast, and are not
    defined and ascertained by any particular stated laws.' '' 1 Blackst.,
    163, 164.

      For a modern discussion of privileges of Members of Parliament, see
    Report of Joint Committee on Parliamentary Privilege of the House of
    Commons (H.C. 214-1, Mar. 30, 1999).

      It <> was probably from this view of the encroaching character
    of privilege that the framers of our Constitution, in their care to
    provide that the laws shall bind equally on all, and especially that
    those who make them shall not exempt themselves from their operation,
    have only privileged ``Senators and Representatives'' themselves from
    the single act of ``arrest in all cases except treason, felony, and
    breach of the peace, during their attendance at the session of their
    respective Houses, and in going to and returning from the same, and from
    being questioned in any other place for any speech or debate in either
    House.'' Const. U.S. Art I, Sec. 6. Under the general authority ``to
    make all laws necessary and proper for carrying into execution the
    powers given them,'' Const. U.S., Art. II, Sec. 8, they may pro

    [[Page [130]]]

    vide by law the details which may be necessary for giving full effect to
    the enjoyment of this privilege. No such law being as yet made, it seems
    to stand at present on the following ground: 1. The act of arrest is
    void, ab initio. 2 Stra., 989. 2. The member arrested may be discharged
    on motion, 1 Bl., 166; 2 Stra., 990; or by habeas corpus under the
    Federal or State authority, as the case may be; or by a writ of
    privilege out of the chancery, 2 Stra., 989, in those States which have
    adopted that part of the laws of England. Orders of the House of
    Commons, 1550, February 20. 3. The arrest being unlawful, is a trespass
    for which the officer and others concerned are liable to action or
    indictment in the ordinary courts of justice, as in other cases of
    unauthorized arrest. 4. The court before which the process is returnable
    is bound to act as in other cases of unauthorized proceeding, and
    liable, also, as in other similar cases, to have their proceedings
    stayed or corrected by the superior courts.
      The <> time
    necessary for going to, and returning from, Congress, not being defined,
    it will, of course, be judged of in every particular case by those who
    will have to decide the case. While privilege was understood in England
    to extend, as it does here, only to exemption from arrest, eundo,
    morando, et redeundo, the House of Commons themselves decided that ``a
    convenient time was to be understood.'' (1580,) 1 Hats., 99, 100. Nor is
    the law so strict in point of time as to require the party

    [[Page [131]]]

    to set out immediately on his return, but allows him time to settle his
    private affairs, and to prepare for his journey; and does not even scan
    his road very nicely, nor forfeit his protection for a little deviation
    from that which is most direct; some necessity perhaps constraining him
    to it. 2 Stra., 986, 987.
      This <> privilege from arrest,
    privileges, of course, against all process the disobedience to which is
    punishable by an attachment of the person; as a subpoena ad
    respondendum, or testificandum, or a summons on a jury; and with reason,
    because a Member has superior duties to perform in another place. When a
    Representative is withdrawn from his seat by summons, the 40,000 people
    whom he represents lose their voice in debate and vote, as they do on
    his voluntary absence; when a Senator is withdrawn by summons, his State
    loses half its voice in debate and vote, as it does on his voluntary
    absence. The enormous disparity of evil admits no comparison.

      The <> House has decided that the summons of a court to Members to
    attend and testify constituted a breach of privilege, and directed them
    to disregard the mandate (III, 2661); but in other cases wherein Members
    informed the House that they had been summoned before the District Court
    of the United States for the District of Columbia or other courts, the
    House authorized them to respond (III, 2662; Feb. 23, 1948, p. 1557;
    Mar. 5, 1948, p. 2224; Apr. 8, 1948, p. 4264; Apr. 12, 1948, p. 4347;
    Apr. 14, 1948, p. 4461; Apr. 15, 1948, p. 4529; Apr. 28, 1948, p. 5009;
    May 6, 1948, pp. 5433, 5451; Feb. 2, 1950, p. 1399; Apr. 4, 1951, p.
    3320; Apr. 9, 1951, p. 3525; Apr. 12, 1951, pp. 3751, 3752; Apr. 13,
    1951, p. 3915; June 4, 1951, p. 6084; June 22, 1951, p. 7001; Sept. 18,
    1951, p. 11571; Sept. 27, 1951, p. 12292; Mar. 5, 1953, p. 1658; Mar.
    18, 1953, p. 2085; Mar. 11, 1954, p. 3102; July 19, 1954, p. 10904; Apr.
    9, 1956, p. 5970; Apr. 10,

    [[Page [132]]]

    1956, p. 5991). The House, however, has declined to make a general rule
    permitting Members to waive their privilege, preferring that the Member
    in each case should apply for permission (III, 2660). Also in
    maintenance of its privilege the House has refused to permit the Clerk
    or other officers to produce in court, in obedience to a summons, an
    original paper from the files, but has given the court facilities for
    making copies (III, 2664, 2666; Apr. 15, 1948, p. 4552; Apr. 29, 1948,
    pp. 5161, 5162; May 6, 1948, p. 5432; Jan. 18, 1950, p. 565; Feb. 8,
    1950, p. 1695; Feb. 13, 1950, p. 1765; Sept. 22, 1950, p. 15636; Apr. 6,
    1951, p. 3403; Apr. 12, 1951, p. 3800; Oct. 20, 1951, p. 13777; Jan. 22,
    1953, p. 498; May 25, 1953, p. 5523; Jan. 28, 1954, p. 964; Feb. 25,
    1954, p. 2281; July 1, 1955, p. 9818; Apr. 12, 1956, p. 6258; Apr. 24,
    1958, p. 7262; Apr. 29, 1958, p. 7636; Sept. 16, 1974, p. 31123; Jan.
    19, 1977, p. 1728), but on one occasion, where the circumstances
    warranted such action, the Clerk was permitted to respond and take with
    him certified copies of certain documents described in the subpoena (H.
    Res. 601, Oct. 29, 1969, p. 32005); and on the rare occasions where the
    House has permitted the production of an original paper from its files,
    it has made explicit provision for its return (H. Res. 1022, 1023, Jan.
    16, 1968, p. 80; H. Res. 1429, July 27, 1976, p. 24089). No officer or
    employee, except by authority of the House, should produce before any
    court a paper from the files of the House, nor furnish a copy of any
    paper except by authority of the House or a statute (III, 2663; VI, 587;
    Apr. 15, 1948, p. 4552; Apr. 30, 1948, pp. 5161, 5162; May 6, 1948, p.
    5432; Jan. 18, 1950, p. 565; Feb. 8, 1950, p. 1695; Feb. 13, 1950, p.
    1765; Sept. 22, 1950, p. 15636; Apr. 6, 1951, p. 3403; Apr. 12, 1951, p.
    3800; Oct. 20, 1951, p. 13777; Mar. 10, 1954, p. 3046; Feb. 7, 1955, p.
    1215; May 7, 1956, p. 7588; Dec. 18, 1974, p. 40925). In the 98th
    Congress, the House adopted a resolution denying compliance with a
    subpoena issued by a Federal Court for the production of records in the
    possession of the Clerk (documents of a select committee from the prior
    Congress), where the Speaker and joint leadership had instructed the
    Clerk in the previous Congress not to produce such records and where the
    Court refused to stay the subpoena or to allow the select committee to
    intervene to protect its interest; the resolution directed the Counsel
    to the Clerk to assert the rights and privileges of the House and to
    take all steps necessary to protect the rights of the House (Apr. 28,
    1983, p. 10417). On appeal from a subsequent district court judgment
    finding the Clerk in contempt, the Court of Appeals reversed on the
    ground that a subpoena to depose a nonparty witness under the Federal
    Rules of Civil Procedure may only be served in the district (of
    Maryland) where it was issued. In re Guthrie, 733 F.2d 634 (4th Cir.
    1984). Where an official of both Houses of Congress is subpoenaed in his
    official capacity, the concurrence of both Houses by concurrent
    resolution is required to permit compliance (H. Con. Res. 342, July 16,
    1975, pp. 23144-46).
      A resolution routinely adopted up to the 95th Congress provided that
    when the House had recessed or adjourned Members, officers, and employ

    [[Page [133]]]

    ees were authorized to appear in response to subpoenas duces tecum, but
    prohibited the production of official papers in response thereto; the
    resolution also provided that when a court found that official papers,
    other than executive session material, were relevant, the court could
    obtain copies thereof through the Clerk of the House (see, e.g., H. Res.
    12, Jan. 3, 1973, p. 30). In the 95th Congress, the House for the first
    time by resolution permitted this same type of general response whether
    or not the House is in session or in adjournment if a court has found
    that specific documents in possession of the House are material and
    relevant to judicial proceedings. The House reserved to itself the right
    to revoke this general permission in any specific case where the House
    desires to make a different response (H. Res. 10, Jan. 4, 1977, p. 73;
    H. Res. 10, Jan. 15, 1979, p. 19). The permission did not apply to
    executive session material, such as a deposition of a witness in
    executive session of a committee, which could be released only by a
    separate resolution passed by the House (H. Res. 296, June 4, 1979, p.
    13180). H. Res. 10 of the 96th Congress was clarified and revised later
    in that Congress by H. Res. 722 (Sept. 17, 1980, pp. 25777-90) and
    became the basis for rule VIII, added as rule L in the 97th Congress (H.
    Res. 5, Jan. 5, 1981, pp. 98-113, see Sec. 697, infra).
      While <> the statutes provide that the Department of Justice may
    represent any officer of the House or Senate in the event of judicial
    proceedings against such officer in relation to the performance of
    official duties (see 2 U.S.C. 118), and that the Department of Justice
    shall generally represent the interests of the United States in Court
    (28 U.S.C. 517), the House has on occasion authorized special
    appearances on its own behalf by special counsel when the prerogatives
    or powers of the House have been questioned in the courts. The House has
    adopted privileged resolutions authorizing the chairman of a
    subcommittee to intervene in any judicial proceeding concerning
    subpoenas duces tecum issued by that committee, authorizing the
    appointment of a special counsel to carry out the purposes of such a
    resolution, and providing for the payment from the contingent fund (now
    referred to as ``applicable accounts of the House described in clause
    1(i)(1) of rule X'') of expenses to employ such special counsel (H. Res.
    1420, Aug. 26, 1976, p. 1858; H. Res. 334, May 9, 1977, pp. 13949-52),
    authorizing the Sergeant at Arms to employ a special counsel to
    represent him in a pending action in Federal court in which he was named
    as a defendant, and providing for the payment from the contingent fund
    of expenses to employ such counsel (H. Res. 1497, Sept. 2, 1976, p.
    28937), and authorizing the chairman of the Committee on House
    Administration to intervene as a party in a pending civil action in the
    U.S. Court of Claims, to defend on behalf of the House the
    constitutional authority to make laws necessary and proper for executing
    its constitutional powers, authorizing the employment of special counsel
    for such purpose, and providing for the payment from the contingent fund
    of expenses to employ such counsel (H. Res. 884, Nov. 2, 1977, p.
    36661). The House has author

    [[Page [134]]]

    ized the Speaker to take any steps he considered necessary, including
    intervention as a party or by submission of briefs amicus curiae, in
    order to protect the interests of the House before the court (H. Res.
    49, Jan. 29, 1981, p. 1304). The House has also on occasion adopted
    privileged resolutions, reported from the Committee on Rules,
    authorizing standing or select committees to make applications to courts
    in connection with their investigations (H. Res. 252, Feb. 9, 1977, pp.
    3966-75; H. Res. 760, Sept. 28, 1977, pp. 31329-36; H. Res. 67, Mar. 4,
    1981, pp. 3529-33). For a discussion of the Office of General Counsel,
    which was established to provide legal assistance and representation to
    the House without regard to political affiliation and in consultation
    with the Bipartisan Legal Advisory Group, see clause 8 of rule II,
    Sec. 670, infra.

      When <> either House desires the attendance of
    a Member of the other to give evidence it is the practice to ask the
    House of which he is a Member that the Member have leave to attend, and
    the use of a subpoena is of doubtful propriety (III, 1794). However, in
    one case the Senate did not consider that its privilege forbade the
    House to summon one of its officers as a witness (III, 1798). But when
    the Secretary of the Senate was subpoenaed to appear before a committee
    of the House with certain papers from the files of the Senate, the
    Senate discussed the question of privilege before empowering him to
    attend (III, 2665). For discussion of the means by which one House may
    prefer a complaint against a Member or officer of the other, see
    Sec. 373, infra.

      So <> far
    there will probably be no difference of opinion as to the privileges of
    the two Houses of Congress; but in the following cases it is otherwise.
    In December, 1795, the House of Representatives committed two persons of
    the name of Randall and Whitney for attempting to corrupt the integrity
    of certain Members, which they considered as a contempt and breach of
    the privileges of the House; and the facts being proved, Whitney was
    detained in confinement a fortnight and Randall three weeks, and was
    reprimanded by the Speaker. In March, 1796, the House voted a challenge
    given to a Member of their House to be a breach of the privileges of the
    House; but

    [[Page [135]]]

    satisfactory apologies and acknowledgments being made, no further
    proceeding was had. * * *

      The <> cases of Randall and Whitney (II, 1599-1603) were followed in
    1818 by the case of John Anderson, a citizen, who for attempted bribery
    of a Member was arrested, tried, and censured by the House (II, 1606).
    Anderson appealed to the courts and this procedure finally resulted in a
    discussion by the Supreme Court of the United States of the right of the
    House to punish for contempts, and a decision that the House by
    implication has the power to punish, since ``public functionaries must
    be left at liberty to exercise the powers which the people have
    intrusted to them,'' and ``the interests and dignity of those who
    created them require the exertion of the powers indispensable to the
    attainment of the ends of their creation. Nor is a casual conflict with
    the rights of particular individuals any reason to be urged against the
    exercise of such powers'' (II, 1607; Anderson v. Dunn, 6 Wheaton 204).
    In 1828 an assault on the President's secretary in the Capitol gave rise
    to a question of privilege which involved a discussion of the inherent
    power of the House to punish for contempt (II, 1615). Again in 1832,
    when the House censured Samuel Houston, a citizen, for assault on a
    Member for words spoken in debate (II, 1616), there was a discussion by
    the House of the doctrine of inherent and implied power as opposed to
    the other doctrine that the House might exercise no authority not
    expressly conferred on it by the Constitution or the laws of the land
    (II, 1619). In 1865 the House arrested and censured a citizen for
    attempted intimidation and assault on a member (II, 1625); in 1866, a
    citizen who had assaulted the clerk of a committee of the House in the
    Capitol was arrested by order of the House, but as there was not time to
    punish in the few remaining days of the session, the Sergeant-at-Arms
    was directed to turn the prisoner over to the civil authorities of the
    District of Columbia (II, 1629); and in 1870 Woods, who had assaulted a
    Member on his way to the House, was arrested on warrant of the Speaker,
    arraigned at the bar, and imprisoned for a term extending beyond the
    adjournment of the session, although not beyond the term of the existing
    House (II, 1626-1628).
      In <> 1876 the
    arrest and imprisonment by the House of Hallet Kilbourn, a contumacious
    witness, resulted in a decision by the Supreme Court of the United
    States that the House had no general power to punish for contempt, as in
    a case wherein it was proposing to coerce a witness in an inquiry not
    within the constitutional authority of the House. The Court also
    discussed the doctrine of inherent power to punish, saying in
    conclusion, ``We are of opinion that the right of the Houses of
    Representatives to punish the citizen for a contempt of its authority or
    a breach of its privileges can derive no support from the precedents and
    practices of the

    [[Page [136]]]

    two Houses of the English Parliament, nor from the adjudged cases in
    which the English courts have upheld these practices. Nor, taking what
    has fallen from the English judges, and especially the later cases on
    which we have just commented, is much aid given to the doctrine, that
    this power exists as one necessary to enable either House of Congress to
    exercise successfully their function of legislation. This latter
    proposition is one that we do not propose to decide in the present case,
    because we are able to decide it without passing upon the existence or
    nonexistence of such a power in aid of the legislative function'' (103
    U.S. 189; II, 1611). In 1894, in the case of Chapman, another
    contumacious witness, the Supreme Court affirmed the undoubted right of
    either House of Congress to punish for contempt in cases to which its
    power properly extends under the expressed terms of the Constitution
    (II, 1614; In Re Chapman, 166 U.S. 661). The nature of the punishment
    which the House may inflict was discussed by the Court in Anderson's
    case (II, 1607; Anderson v. Dunn, 6 Wheaton 204).
      In the case of Marshall v. Gordon, 243 U.S. 521 (1917), the Court
    addressed the following situation:
    <>
    Appellant, while United States Attorney for the Southern District of New
    York, conducted a grand jury investigation which led to the indictment
    of a Member of the House. Acting on charges of misfeasance and
    nonfeasance made by the Member against appellant in part before the
    indictment and renewed with additions afterward, the House by resolution
    directed its Judiciary Committee to make inquiry and report concerning
    appellant's liability to impeachment. Such inquiry being in progress
    through a subcommittee, appellant addressed to the subcommittee's
    chairman, and gave to the press, a letter, charging the subcommittee
    with an endeavor to probe into and frustrate the action of the grand
    jury, and couched in terms calculated to arouse the indignation of the
    members of that committee and those of the House generally. Thereafter,
    appellant was arrested in New York by the Sergeant-at-Arms pursuant to a
    resolution of the House whereby the letter was characterized as
    defamatory and insulting and as tending to bring that body into public
    contempt and ridicule, and whereby appellant in writing and publishing
    such letter was adjudged to be in contempt of the House in violating its
    privileges, honor, and dignity. He applied for habeas corpus.
      The court held that the proceedings concerning which the alleged
    contempt was committed were not impeachment proceedings; that, whether
    they were impeachment proceedings or not, the House was without power by
    its own action, as distinct from such action as might be taken under
    criminal laws, to arrest or punish for such acts as were committed by
    appellant.
      No express power to punish for contempt was granted to the House save
    the power to deal with contempts committed by its own Members (art. I,
    sec. 5). The possession by Congress of the commingled legislative and
    judicial authority to punish for contempts which was exerted by the
    House

    [[Page [137]]]

    of Commons is at variance with the view and tendency existing in this
    country when the Constitution was adopted, as evidenced by the manner in
    which the subject was treated in many State constitutions, beginning at
    or about that time and continuing thereafter. Such commingling of powers
    would be destructive of the basic constitutional distinction between
    legislative, executive, and judicial power, and repugnant to limitations
    which the Constitution fixes expressly; hence there is no warrant
    whatever for implying such a dual power in aid of other powers expressly
    granted to Congress. The House has implied power to deal directly with
    contempt so far as is necessary to preserve and exercise the legislative
    authority expressly granted. Being, however, a power of self-
    preservation, a means and not an end, the power does not extend to
    infliction of punishment, as such; it is a power to prevent acts which
    in and of themselves inherently prevent or obstruct the discharge of
    legislative duty and to compel the doing of those things which are
    essential to the performance of the legislative functions. As pointed
    out in Anderson v. Dunn, 6 Wheat. 204 this implied power in its exercise
    is limited to imprisonment during the session of the body affected by
    the contempt.
      The authority does not cease when the act complained of has been
    committed, but includes the right to determine in the use of legitimate
    and fair discretion how far from the nature and character of the act
    there is necessity for repression to prevent immediate recurrence, i.e.,
    the continued existence of the interference or obstruction to the
    exercise of legislative power. In such case, unless there be manifest an
    absolute disregard of discretion, and a mere exertion of arbitrary power
    coming within the reach of constitutional limitations, the exercise of
    the authority is not subject to judicial interference. The power is the
    same in quantity and quality whether exerted on behalf of the
    impeachment powers or of the others to which it is ancillary. The
    legislative power to provide by criminal laws for the prosecution and
    punishment of wrongful acts is not here involved.
      The Senate may invoke its civil contempt statute (2 U.S.C. 288d) to
    direct the Senate legal counsel to bring an action in Federal court to
    compel a witness to comply with the subpoena of a committee of the
    Senate. The House, in contrast, may either certify such a witness to the
    appropriate United States Attorney for possible indictment under the
    criminal contempt statute (2 U.S.C. 192) or exercise its inherent power
    to commit for contempt by detaining the recalcitrant witness in the
    custody of the Sergeant-at-Arms.
      (See also McGrain v. Daugherty, 273 U.S. 135 (1927); Sinclair v.
    United States, 279 U.S. 263 (1929); Jurney v. MacCracken, 294 U.S. 125
    (1935); Quinn v. United States, 349 U.S. 155 (1955); Groppi v. Leslie,
    404 U.S. 496 (1972).)

    [[Page [138]]]

      * * * <> The editor of the Aurora
    having, in his paper of February 19, 1800, inserted some paragraphs
    defamatory of the Senate, and failed in his appearance, he was ordered
    to be committed. In debating the legality of this order, it was
    insisted, in support of it, that every man, by the law of nature, and
    every body of men, possesses the right of self-defense; that all public
    functionaries are essentially invested with the powers of self-
    preservation; that they have an inherent right to do all acts necessary
    to keep themselves in a condition to discharge the trusts confided to
    them; that whenever authorities are given, the means of carrying them
    into execution are given by necessary implication; that thus we see the
    British Parliament exercise the right of punishing contempts; all the
    State Legislatures exercise the same power, and every court does the
    same; that, if we have it not, we sit at the mercy of every intruder who
    may enter our doors or gallery, and, by noise and tumult, render
    proceeding in business impracticable; that if our tranquillity is to be
    perpetually disturbed by newspaper defamation, it will not be possible
    to exercise our functions with the requisite coolness and deliberation;
    and that we must therefore have a power to punish these disturbers of
    our peace and proceedings. * * *
      * * * <> To this it was answered, that the
    Parliament and courts of England have cognizance of contempts by the
    express provisions of their law; that

    [[Page [139]]]

    the State Legislatures have equal authority because their powers are
    plenary; they represent their constituents completely, and possess all
    their powers, except such as their constitutions have expressly denied
    them; that the courts of the several States have the same powers by the
    laws of their States, and those of the Federal Government by the same
    State laws adopted in each State, by a law of Congress; that none of
    these bodies, therefore, derive those powers from natural or necessary
    right, but from express law; that Congress have no such natural or
    necessary power, nor any powers but such as are given them by the
    Constitution; that that has given them, directly, exemption from
    personal arrest, exemption from question elsewhere for what is said in
    their House, and power over their own members and proceedings; for these
    no further law is necessary, the Constitution being the law; that,
    moreover, by that article of the Constitution which authorizes them ``to
    make all laws necessary and proper for carrying into execution the
    powers vested by the Constitution in them,'' they may provide by law for
    an undisturbed exercise of their functions, e.g., for the punishment of
    contempts, of affrays or tumult in their presence, &c.; but, till the
    law be made, it does not exist; and does not exist, from their own
    neglect; that, in the meantime, however, they are not unprotected, the
    ordinary magistrates and courts of law being open and competent to
    punish all unjustifiable disturbances or defamations, and even their own
    sergeant, who may appoint depu

    [[Page [140]]]

    ties ad libitum to aid him 3 Grey, 59, 147, 255,  is equal to small
    disturbances; that in requiring a previous law, the Constitution had
    regard to the inviolability of the citizen, as well as of the Member;
    as, should one House, in the regular form of a bill, aim at too broad
    privileges, it may be checked by the other, and both by the President;
    and also as, the law being promulgated, the citizen will know how to
    avoid offense. But if one branch may assume its own privileges without
    control, if it may do it on the spur of the occasion, conceal the law in
    its own breast, and, after the fact committed, make its sentence both
    the law and the judgment on that fact; if the offense is to be kept
    undefined and to be declared only ex re nata, and according to the
    passions of the moment, and there be no limitation either in the manner
    or measure of the punishment, the condition of the citizen will be
    perilous indeed. * * *
      * * * <> Which of these doctrines is to
    prevail, time will decide. Where there is no fixed law, the judgment on
    any particular case is the law of that single case only, and dies with
    it. When a new and even a similar case arises, the judgment which is to
    make and at the same time apply to the law, is open to question and
    consideration, as are all new laws. Perhaps Congress in the mean time,
    in their care for the safety of the citizen, as well as that for their
    own protection, may declare by law what is necessary and proper to
    enable them to carry into execution

    [[Page [141]]]

    the powers vested in them, and thereby hang up a rule for the inspection
    of all, which may direct the conduct of the citizen, and at the same
    time test the judgments they shall themselves pronounce in their own
    case.

      In 1837 the House declined to proceed with a bill ``defining the
    offense of a contempt of this House, and to provide for the punishment
    thereof'' (II, 1598). Congress has, however, prescribed that a witness
    summoned to appear before a committee of either House who does not
    respond or who refuses to answer a question pertinent to the subject of
    the inquiry shall be deemed guilty of a misdemeanor (2 U.S.C. 192).
      A resolution directing the Speaker to certify to the U.S. Attorney the
    refusal of a witness to respond to a subpoena issued by a House
    committee involves the privileges of the House and may be offered from
    the floor as privileged if offered by direction of the committee
    reporting the resolution (e.g., Oct. 27, 2000, p. ----). A committee
    report to accompany such resolution may therefore be presented to the
    House without regard to the three-day availability requirement for other
    reports (see clause 4 of rule XIII; July 13, 1971, p. 24720). A
    resolution with two resolve clauses separately directing the
    certification of the contemptuous conduct of two individuals is subject
    to a demand for a division of the question as to each individual
    (contempt proceedings against Ralph and Joseph Bernstein, Feb. 27, 1986,
    p. 3061); as is a resolution with one resolve clause certifying
    contemptuous conduct of several individuals (Oct. 27, 2000, p. ----,
    contrast, Deschler-Brown, ch. 30, Sec. 49.1). A contempt resolution may
    be withdrawn as a matter of right before action thereon (Oct. 27, 2000,
    p. ----).
      In the 97th Congress, the House adopted a resolution directing the
    Speaker to certify to the United States Attorney the failure of an
    official of the executive branch (Anne M. Gorsuch, Administrator,
    Environmental Protection Agency) to submit executive branch documents to
    a House subcommittee pursuant to a subcommittee subpoena; this was the
    first occasion on which the House cited an executive official for
    contempt of Congress (H. Res. 632, H. Rept. 97-968, Dec. 16, 1982, p.
    31754). In the following Congress, the 98th, the House adopted (as a
    question of privilege) a resolution reported from the same committee
    certifying to the United States Attorney the fact that an agreement had
    been entered into between the committee and the executive branch for
    access by the committee to the documents which Anne Gorsuch had failed
    to submit and which were the subject of the contempt citation (where the
    contempt had not yet been prosecuted) (Aug. 3, 1983, p. 22692). In other
    cases where compliance had subsequently been attained in the same
    Congress, the House has adopted privileged resolutions certifying the
    facts to the United States Attorney to the end that contempt proceedings
    be discontinued (see Deschler, ch. 15, Sec. 21). In the 98th Congress,
    the House adopted a privileged resolution

    [[Page [142]]]

    directing the Speaker to certify to the United States Attorney the
    refusal of a former official of the executive branch to obey a subpoena
    to testify before a subcommittee (H. Res. 200, May 18, 1983, p. 12720).
    In the 106th Congress the House considered a resolution directing the
    Speaker to certify to the United States Attorney the refusal of three
    individuals to obey a subpoena duces tecum and to answer certain
    questions while appearing under subpoena before a subcommittee, which
    resolution was withdrawn before action thereon (H. Res. 657, Oct. 27,
    2000, p. ----).
      A resolution laying on the table a message from the President
    containing certain averments inveighing disrespect toward Members of
    Congress was considered as a question of the privileges of the House as
    a breach of privilege in a formal communication to the House (VI, 330).-
      Privilege <> from arrest takes place by force of the
    election; and before a return be made a Member elected may be named of a
    committee, and is to every extent a Member except that he cannot vote
    until he is sworn, Memor., 107, 108. D'Ewes, 642, col. 2; 643, col. 1.
    Pet. Miscel. Parl., 119. Lex. Parl., c. 23.2 Hats., 22, 62.

      The Constitution of the United States limits the broad Parliamentary
    privilege to the time of attendance on sessions of Congress, and of
    going to and returning therefrom. In a case wherein a Member was
    imprisoned during a recess of Congress, he remained in confinement until
    the House, on assembling, liberated him (III, 2676).
      It is recognized in the practice of the House that a Member may be
    named to a committee before he is sworn, and in some cases Members have
    not taken the oath until long afterwards (IV, 4483), although in the
    modern practice Members-elect have been elected to standing committees
    effective only when sworn (H. Res. 26, 27; Jan. 6, 1983, p. 132). In one
    case, wherein a Member did not appear to take the oath, the Speaker with
    the consent of the House appointed another Member to the committee place
    (IV, 4484). The status of a Member-elect under the Constitution
    undoubtedly differs greatly from the status of a Member-elect under the
    law of Parliament. In various inquiries by committees of the House this
    question has been examined, with the conclusions that a Member-elect
    becomes a Member from the very beginning of the term to which he was
    elected (I, 500), that he is as much an officer of the Government before
    taking the oath as afterwards (I, 185), and that his status is
    distinguished from that of a Member who has qualified (I, 183, 184).
    Members-elect may resign or decline before taking the oath (II, 1230-
    1233, 1235; Jan. 6, 1999, p. ----); they have been excluded (I, 449,
    464, 474, 550, 551; VI, 56; Mar. 1, 1967, pp. 4997-5038), and in one
    case a Member-elect was expelled

    [[Page [143]]]

    (I, 476; II, 1262). The names of Members who have not been sworn are not
    entered on the roll from which the yeas and nays are called for entry on
    the Journal (V, 6048; VIII, 3122), nor are such Members-elect permitted
    to vote or introduce bills.

      Every <> man must, at his peril, take notice who are members of
    either House returned of record. Lex. Parl., 23; 4 Inst., 24.
      On Complaint of a breach of privilege, the party may either be
    summoned, or sent for in custody of the sergeant. 1 Grey, 88, 95.
      The privilege of a Member is the privilege of the House. If the Member
    waive it without leave, it is a ground for punishing him, but cannot in
    effect waive the privilege of the House. 3 Grey, 140, 222.

      Although the privilege of Members of the House is limited by the
    Constitution, these provisions of the Parliamentary law are applicable,
    and persons who have attempted to bribe Members (II, 1599, 1606),
    assault them for words spoken in debate (II, 1617, 1625) or interfere
    with them while on the way to attend the sessions of the House (II,
    1626), have been arrested by order of the House by the Sergeant-at-Arms,
    ``Wherever to be found.'' The House has declined to make a general rule
    to permit Members to waive their privilege in certain cases, preferring
    to give or refuse permission in each individual case (III, 2660-2662).
      In United States v. Helstoski, 42 U.S. 477 (1979), the Supreme Court
    discussed the ability of either an individual Member or the entire
    Congress to waive the protection of the Speech or Debate Clause. The
    Court found first, that the Member's conduct in testifying before a
    grand jury and voluntarily producing documentary evidence of legislative
    acts protected by the Clause did not waive its protection. Assuming,
    without deciding, that a Member could waive the Clause's protection
    against being prosecuted for a legislative act, the Court said that such
    a waiver could only be found after an explicit and unequivocal
    renunciation of its immunity, which was absent in this case. Second,
    passage of the official bribery statute, 18 U.S.C. 201, did not amount
    to an institutional waiver of the Speech or Debate Clause for individual
    Members. Again assuming without deciding whether Congress could
    constitutionally waive the Clause for individual Members, such a waiver
    could be shown only by an explicit and unequivocal expression of
    legislative intent, and there was no evidence of that in the legislative
    history of the statute. The Speech and Debate clause is not an
    impediment

    [[Page [144]]]

    to the enforcement within the House of the rule prohibiting
    personalities in debate (clause 1 of rule XVII, May 25, 1995, p. 14436).

      For <> any speech or debate in either
    House, they shall not be questioned in any other place. Const. U.S., I,
    6; S. P. protest of the Commons to James I, 1621; 2 Rapin, No. 54, pp.
    211, 212. But this is restrained to things done in the House in a
    parliamentary course. 1 Rush, 663. For he is not to have privilege
    contra morem parliamentarium, to exceed the bounds and limits of his
    place and duty. Com. p.
      If <> an offense be committed by a member in the House, of which
    the House has cognizance, it is an infringement of their right for any
    person or court to take notice of it till the House has punished the
    offender or referred him to a due course. Lex. Parl., 63.
      Privilege is in the power of the House, and is a restraint to the
    proceeding of inferior courts, but not of the House itself. 2 Nalson,
    450; 2 Grey, 399. For whatever is spoken in the House is subject to the
    censure of the House; and offenses of this kind have been severely
    punished by calling the person to the bar to make submission, committing
    him to the tower, expelling the House, &c. Scob., 72; L. Parl., c. 22.
    <>   It is a breach of order for the Speaker to refuse to
    put a question which is in order. 1 Hats., 175-6; 5 Grey, 133.

    [[Page [145]]]

      Where the Clerk, presiding during organization of the House, declined
    to put a question, a Member put the question from the floor (I, 67).

      And <> even in cases of treason, felony, and breach of
    the peace, to which privilege does not extend as to substance, yet in
    Parliament a member is privileged as to the mode of proceeding. The case
    is first to be laid before the House, that it may judge of the fact and
    of the ground of the accusation, and how far forth the manner of the
    trial may concern their privilege; otherwise it would be in the power of
    other branches of the government, and even of every private man, under
    pretenses of treason, &c., to take any man from his service in the
    House, and so, as many, one after another, as would make the House what
    he pleaseth. Dec'l of the Com. on the King's declaring Sir John Hotham a
    traitor. 4 Rushw., 586. So, when a member stood indicted for felony, it
    was adjudged that he ought to remain of the House till conviction; for
    it may be any man's case, who is guiltless, to be accused and indicted
    of felony, or the like crime. 23 El., 1580; D'Ewes, 283, col. 1; Lex.
    Parl., 133.

      Where Members of the House have been arrested by the State authorities
    the cases have not been laid first before the House; but when the House
    has learned of the proceedings, it has investigated to ascertain if the
    crime charged was actually within the exceptions of the Constitution
    (III, 2673), and in one case where it found a Member imprisoned for an
    offense not within the exceptions it released him by the hands of its
    own officer (III, 2676).
      The <> House has not usually taken action in the infrequent
    instances where Members have been indicted for felony, and in one or two
    instances Members under indictment or pending appeal on conviction have
    been appointed to committees  (IV,  4479).  The  House  has,  however,
    adopted a resolution expressing the sense of the House that Members con

    [[Page [146]]]

    victed of certain felonies should refrain from participation in
    committee business and from voting in the House until the presumption of
    innocence is reinstated or until re-elected to the House (see H. Res.
    128, Nov. 14, 1973, p. 36944), and that principle has been incorporated
    in the Code of Official Conduct (clause 10 of rule XXIII). A Senator
    after indictment was omitted from committees at his own request (IV,
    4479), and a Member who had been convicted in one case did not appear in
    the House during the Congress (IV, 4484, footnote). A Senator in one
    case withdrew from the Senate pending his trial (II, 1278), and on
    conviction resigned (II, 1282). In this case the Senate, after the
    conviction, took steps looking to action although an application for
    rehearing on appeal was pending (II, 1282).
      When <> it is found necessary for the public service to put a Member
    under arrest, or when, on any public inquiry, matter comes out which may
    lead to affect the person of a member, it is the practice immediately to
    acquaint the House, that they may know the reasons for such a
    proceeding, and take such steps as they think proper. 2 Hats., 259. Of
    which see many examples. Ib., 256, 257, 258. But the communication is
    subsequent to the arrest. 1 Blackst., 167.
      It <> is highly expedient, says Hatsel, for
    the due preservation of the privileges of the separate branches of the
    legislature, that neither should encroach on the other, or interfere in
    any matter depending before them, so as to preclude, or even influence,
    that freedom of debate which is essential to a free council. They are,
    therefore, not to take notice of any bills or other matters depending,
    or of votes that have been given, or of speeches which have been held,
    by the members of either of the other branches of the legislature, until
    the same have been communicated

    [[Page [147]]]

    to them in the usual parliamentary manner. 2 Hats., 252; 4 Inst., 15;
    Seld. Jud., 53.
      Thus <> the King's taking notice of the bill for suppressing
    soldiers, depending before the House; his proposing a provisional clause
    for a bill before it was presented to him by the two Houses; his
    expressing displeasure against some persons for matters moved in
    Parliament during the debate and preparation of a bill, were breaches of
    privilege, 2 Nalson, 743; and in 1783, December 17, it was declared a
    breach of fundamental privileges, &c., to report any opinion or
    pretended opinion of the King on any bill or proceeding depending in
    either House of Parliament, with a view to influence the votes of the
    members, 2 Hats., 251, 6.
    * * * * *

    [DOCID:hd284-39]
                                 sec. vi--quorum

    * * * * *
      In <> general the chair is not to be taken till a quorum for
    business is present; unless, after due waiting, such a quorum be
    despaired of, when the chair may be taken and the House adjourned. And
    whenever, during business, it is observed that a quorum is not present,
    any member may call for the House to be counted, and being found
    deficient, business is suspended. 2 Hats., 125, 126.

      In the House the Speaker takes the Chair at the hour to which the
    House stood adjourned and there is no requirement that the House proceed

    [[Page [148]]]

    immediately to establish a quorum, although the Speaker has the
    authority under clause 7 of rule XX to recognize for a call of the House
    at any time. The question of a quorum is not considered unless properly
    raised (IV, 2733; VI, 624), and it is not in order for the Speaker to
    recognize for a point of no quorum unless he has put the pending
    question or proposition to a vote. While it was formerly the rule that a
    quorum was necessary for debate as well as business (IV, 2935-2949),
    under the procedure put in effect in the 95th Congress such is not the
    case. In the 94th Congress the House by rule restricted the Chair's
    ability to recognize the absence of a quorum (clause 7 of rule XX).

    [DOCID:hd284-40]
                           sec. vii--call of the house

      On <> the
    call of the House, each person rises up as he is called, and answereth;
    the absentees are then only noted, but no excuse to be made till the
    House be fully called over. Then the absentees are called a second time,
    and if still absent, excuses are to be heard. Ord. House of Commons, 92.
      They rise that their persons may be recognized; the voice, in such a
    crowd, being an insufficient verification of their presence. But in so
    small a body as the Senate of the United States, the trouble of rising
    cannot be necessary.
      Orders for calls on different days may subsist at the same time. 2
    Hats., 72.

      Rule XX of the House provides for a procedure on call of the House.
    Members of the House do not rise on answering, and quorum calls are
    normally conducted by electronic device (clause 2(a) of rule XX).
    * * * * *

    [DOCID:hd284-41]
                                sec. ix--speaker

    * * * * *
      When <> but one person is
    proposed, and no objection made, it has not been usual in Parliament to
    put any question

    [[Page [149]]]

    to the House; but without a question the members proposing him conduct
    him to the chair. But if there be objection, or another proposed, a
    question is put by the Clerk. 2 Hats., 158. As are also questions of
    adjournment. 6 Gray, 406. Where the House debated and exchanged messages
    and answers with the King for a week without a Speaker, till they were
    prorogued. They have done it de die in diem for fourteen days. 1 Chand.,
    331, 335.

      On October 23, 2000, the House of Commons, pursuant to a Standing
    Order, elected a new Speaker after rejection of twelve other nominees
    offered one at a time as amendments to the question. The amendments were
    offered after refusal of the ``Father of the House of Commons'' to
    entertain a motion to change the Standing Order to require a preliminary
    secret ballot. On March 22, 2001, and on October 29, 2002, the House of
    Commons adopted Standing Order 1B, requiring that the election of a new
    Speaker be by secret ballot (Standing Orders of the House of Commons--
    Public Business 2003).
      For a discussion of the election of the Speaker of the House of
    Representatives, see Sec. 27, supra.

      In <> the Senate, a President pro tempore, in the absence of the
    Vice-President, is proposed and chosen by ballot. His office is
    understood to be determined on the Vice-President's appearing and taking
    the chair, or at the meeting of the Senate after the first recess.

      In the later practice the President pro tempore has usually been
    chosen by resolution. In 1876 the Senate determined that the tenure of
    the Office of a President pro tempore elected at one session does not
    expire at the meeting of Congress after the first recess, the Vice
    President not having appeared to take the chair; that the death of the
    Vice President does not have the effect of vacating the Office of
    President pro tempore; and that the President pro tempore holds office
    at the pleasure of the Senate (II, 1417). In the 107th Congress the
    Senate elected two Presidents of the Senate pro tempore for different
    periods when the majority of the Senate

    [[Page [150]]]

    shifted after inauguration of the Vice President (S. Res. 3, Jan. 3,
    2001, p. ----).

      Where <> the Speaker has been ill, other Speakers pro tempore have
    been appointed. Instances of this are 1 H., 4. Sir John Cheyney, and Sir
    William Sturton, and in 15 H., 6. Sir John Tyrrel, in 1656, January 27;
    1658, March 9; 1659, January 13.
      Sir Job Charlton ill, Seymour chosen,
                          1673, February 18.      Not merely pro tem. 1
       Seymour being ill, Sir Robert Sawyer     Chand., 169, 276, 277.
                     chosen, 1678, April 15.<3-ln }>

      Sawyer being ill, Seymour chosen.
      Thorpe in execution, a new Speaker chosen, 31 H. VI, 3 Grey, 11; and
    March 14, 1694, Sir John Trevor chosen. There have been no later
    instances. 2 Hats., 161; 4 Inst., 8; L. Parl., 263.

      The House, by clause 8 of rule I, has provided for appointment and
    election of Speakers pro tempore. Relying on the Act of June 1, 1789 (2
    U.S.C. 25), the Clerk recognized for nominations for Speaker, at the
    convening of a new Congress, as being of higher constitutional privilege
    than a resolution to postpone the election of a Speaker and instead
    provide for the election of a Speaker pro tempore pending the
    disposition of certain ethics charges against the nominee of the
    majority party (Jan. 7, 1997, p. 115).

      A <> Speaker may be removed
    at the will of the House, and a Speaker pro tempore appointed, 2 Grey,
    186; 5 Grey, 134.

      The House has never removed a Speaker; but it had on several occasions
    removed or suspended other officers, such as Clerk and Doorkeeper (I,
    287-290, 292; II, 1417), who are officers classed by the Constitution in
    the phrase ``the House of Representatives shall chuse their Speaker and
    other Officers.'' A resolution for the removal of an officer is
    presented as a matter of privilege (I, 284-286; VI, 35), and a
    resolution declaring the

    [[Page [151]]]

    Office of Speaker vacant presents a question of constitutional privilege
    (VI, 35).

    [DOCID:hd284-42]
                                 sec. x--address

    * * * * *
      A <> joint address of
    both Houses of Parliament is read by the Speaker of the House of Lords.
    It may be attended by both Houses in a body, or by a Committee from each
    House, or by the two Speakers only. An address of the House of Commons
    only may be presented by the Whole House, or by the Speaker, 9 Grey,
    473; 1 Chandler, 298, 301; or by such particular members as are of the
    privy council. 2 Hats., 278.

      In the first years of Congress the President annually delivered an
    address to the two Houses in joint session, and the House then prepared
    an address, which the Speaker, attended by the House, carried to the
    President. A joint rule of 1789 also provided for the presentation of
    joint addresses of the two Houses to the President (V, 6630). In 1876
    the joint rules of the House were abrogated, including the joint rule
    providing for presentation of the joint addresses of the two Houses to
    the President (V, 6782-6787). In 1801 President Jefferson transmitted a
    message in writing and discontinued the practice of making addresses in
    person. From 1801 to 1913 all messages were sent in writing (V, 6629),
    but President Wilson resumed the custom of making addresses in person on
    April 8, 1913, and, with the exception of President Hoover (VIII, 3333),
    the custom has been followed generally by subsequent Presidents.

    [DOCID:hd284-43]
                               sec. xi--committees

      Standing <> committees, as of
    Privileges and Elections, &c., are usually appointed at the first
    meeting, to continue through the session. The person first named is
    generally permitted to act as chairman. But this is a matter of
    courtesy; every committee having a right to

    [[Page [152]]]

    elect their own chairman, who presides over them, puts questions, and
    reports their proceedings to the House. 4 inst., 11, 12; Scob., 9; 1
    Grey, 122.

      Prior to the 62d Congress, standing as well as select committees and
    their chairmen were appointed by the Speaker, but under the present form
    of rule X, adopted in 1911, continued as a part of the Legislative
    Reorganization Act of 1946, and revised under the Committee Reform
    Amendments of 1974 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470),
    standing committees and their respective chairmen are elected by the
    House (IV, 4448; VIII, 2178). Owing to their number and size, committees
    are not usually elected immediately, but resolutions providing for such
    elections are presented by the majority and minority parties pursuant to
    clause 5 of rule X as soon as they are able to perfect the lists. A
    committee may order its report to be made by the chairman, or by some
    other member (IV, 4669), even by a member of the minority party (IV,
    4672, 4673), or by a Delegate, July 1, 1958 (Burns of Hawaii) p. 12871;
    and the chairman sometimes submits a report in which he has not
    concurred (IV, 4670). Clause 2 of rule XIII requires that a report which
    has been approved by the committee must be filed with the House within
    seven calendar days after a written request from a majority of the
    committee is submitted to the committee clerk.
      At <> these committees the members are to speak standing,
    and not sitting; though there is reason to conjecture it was formerly
    otherwise. D'Ewes, 630, col. 1; 4 Parl. Hist., 440; 2 Hats., 77.
      Their <> proceedings
    are not to be published, as they are of no force till confirmed by the
    House. Rushw., part 3, vol. 2, 74; 3 Grey, 401; Scob., 39.* * *

      In the House it is entirely within rule and usage for a committee to
    conduct its proceedings in secret (IV, 4558-4564; see also clause 2(g)
    of rule XI), and the House itself may not abrogate the secrecy of a
    committee's proceedings except by suspending the rule (IV, 4565). The
    House has no information concerning the proceedings of a committee not
    officially reported by the committee (VII, 1015) and it is not in order
    in debate to refer to executive session proceedings of a committee which
    have not formally been reported to the House (V, 5080-5083; VIII, 2269,
    2485, 2493; June 24, 1958, pp. 12120, 12122; Apr. 5, 1967, p. 8411).
    However, a com

    [[Page [153]]]

    plaint that certain remarks that might be uttered in debate would
    improperly disclose executive-session material of a committee is not
    cognizable as a point of order in the House where the Chair is not aware
    of the executive-session status of the information (Nov. 5, 1997, p. --
    --). On one occasion a Member was permitted to refer to the unreported
    executive session proceedings of a subcommittee to justify his point of
    order that a resolution providing for a select committee to inquire into
    action of the subcommittee was not privileged (June 30, 1958, p. 12690).
    In one case the House authorized the clerk of a committee to disclose by
    deposition its proceedings (III, 2604). Where a committee takes
    testimony it is sometimes very desirable that the proceedings be secret
    (III, 1694), as in the investigation in the Bank of the United States in
    1834, when the committee determined that its proceedings should be
    confidential, not to be attended by any person not invited or required
    (III, 1732). It is for the committee, in its discretion, to determine
    whether the proceedings of the committee shall be open or not (clause
    2(g) of rule XI). Clause 2(k) of rule XI establishes the procedure for
    closing a hearing because of defamatory, degrading, or incriminating
    testimony. Clause 11(d) of rule X establishes special rules governing
    the closing of hearings of the Permanent Select Committee on
    Intelligence.
      Under clause 2 of rule XI, all hearings and business meetings
    conducted by standing committees shall be open to the public, except
    when a committee, in open session, by record vote, with a majority
    present, determines to close the meeting or hearing for that day for the
    reasons stated in that clause.
    <>   * * * Nor
    can they receive a petition but through the House. 9 Grey, 412.
      When <> a committee is charged with an inquiry, if
    a Member prove to be involved, they can not proceed against him but must
    make a special report to the House; whereupon the Member is heard in his
    place, or at the bar, or a special authority is given to the committee
    to inquire concerning him. 9 Grey, 523.

      While <> the authority of this principle has not been
    questioned by the House, there have in special instances been deviations
    from it. Thus, in 1832, when a Member had been slain in a duel, and the
    fact was notorious that all the principals and seconds were Members of
    the House, the committee, charged only with investigating the causes and
    whether or not there had been a breach of privilege, reported with

    [[Page [154]]]

    their findings recommendations for expulsion and censure of the Members
    found to be implicated. There was criticism of this method of procedure
    as deviating from the rule of Jefferson's Manual, but the House did not
    recommit the report (II, 1644). In 1857, when a committee charged with
    inquiring into accusations against Members not named found certain
    Members implicated, they gave them copies of the testimony and
    opportunities to explain to the committee, under oath or otherwise, as
    they individually might prefer (III, 1845), but reported recommendations
    for expulsion without first seeking the order of the House (II, 1275;
    III, 1844). In 1859 and 1892 a similar procedure occurred (III, 1831,
    2637). But the House, in a case wherein an inquiry had incidentally
    involved a Member, evidently considered the parliamentary law as
    applicable, since it admitted as of privilege and agreed to a resolution
    directing the committee to report the charges (III, 1843). And in cases
    wherein testimony taken before a joint committee incidentally impeached
    the official characters of a Member and a Senator, the facts in each
    case were reported to the House interested (III, 1854). A select
    committee, appointed to report upon the right of a Member-elect to be
    sworn (H. Res. 1, 90th Cong., pp. 14-27, Jan. 10, 1967), invited him to
    appear, to testify, and permitted him to be accompanied by counsel (see
    H. Rept. 90-27).
      And <> where one House, by its committee, has found a Member of the
    other implicated, the testimony has been transmitted (II, 1276; III,
    1850, 1852, 1853). Where such testimony was taken in open session of the
    committee, it was not thought necessary that it be under seal when sent
    to the other House (III, 1851).

      So <> soon as the House sits, and a committee is notified of it, the
    chairman is in duty bound to rise instantly, and the members to attend
    the service of the House. 2 Nals., 319.

      For the current practice of the House, see the annotation following
    clause 2(i) of rule XI (Sec. 801, infra).

      It <> appears that on
    joint committees of the Lords and Commons each committee acted
    integrally in the following instances: 7 Grey, 261, 278, 285, 338; 1
    Chandler, 357, 462. In the following instances it does not appear
    whether they did or not: 6 Grey, 129; 7 Grey, 213, 229, 321.

    [[Page [155]]]

      It is the practice in Congress that joint committees shall vote per
    capita, and not as representatives of the two Houses (IV, 4425),
    although the membership from the House is usually, but not always (IV
    4410), larger than that from the Senate (III, 1946; IV, 4426-4431). But
    ordinary committees of conference appointed to settle differences
    between the two Houses are not considered joint committees, and the
    managers of the two Houses vote separately (V, 6336), each House having
    one vote. A quorum of a joint committee seems to have been considered to
    be a majority of the whole number rather than a majority of the
    membership of each House (IV, 4424). The first named of the Senate
    members acted as chairman in one notable instance (IV, 4424), and in
    another the joint committee elected its chairman (IV, 4447).

    [DOCID:hd284-44]
                        sec. xii--committee of the whole

      The <> speech, messages, and other matters of great concernment are
    usually referred to a Committee of the Whole House (6 Grey, 311), where
    general principles are digested in the form of resolutions, which are
    debated and amended till they get into a shape which meets the
    approbation of a majority. These being reported and confirmed by the
    House are then referred to one or more select committees, according as
    the subject divides itself into one or more bills. Scob., 36, 44.
    Propositions for any charge on the people are especially to be first
    made in a Committee of the Whole. 3 Hats., 127. The sense of the whole
    is better taken in committee, because in all committees everyone speaks
    as often as he pleases. Scob., 49. * * *

      This provision is largely obsolete, the House having by its rules and
    practice provided specifically for procedure in Committee of the Whole,
    and having also by its rules for the order of business left no
    privileged status for motions to go into Committee of the Whole on
    matters not already referred to that committee. The Committee of the
    Whole no longer originates resolutions or bills, but receives such as
    have been formulated by standing or select committees and referred to
    it; and when it reports, the

    [[Page [156]]]

    House usually acts at once on the report without reference to select or
    other committees (IV, 4705). The practice of referring annual messages
    of the President to Committee of the Whole, to be there considered and
    reported with recommendations for the reference of various portions to
    the proper standing or select committees (V, 6621, 6622), was
    discontinued in the 64th Congress (VIII, 3350). The current practice is
    to refer the annual message to the Committee of the Whole House on the
    state of the Union and order it printed (Jan. 14, 1969, p. 651).
    Executive communications submitted to implement the proposals contained
    in the State of the Union Message are referred by the Speaker to the
    various committees having jurisdiction over the subject matter therein.
      * * * <> They generally acquiesce in the chairman named by the Speaker;
    but, as well as all other committees, have a right to elect one, some
    member, by consent, putting the question, Scob., 36; 3 Grey, 301. * * *

      The House (by clause 1 of rule XVIII) gives the authority to appoint
    the Chairman of the Committee of the Whole to the Speaker (IV, 4704).

      * * * <> The form of going from the House into committee, is for the
    Speaker, on motion, to put the question that the House do now resolve
    itself into a Committee of the Whole to take into consideration such a
    matter, naming it. If determined in the affirmative, he leaves the chair
    and takes a seat elsewhere, as any other Member; and the person
    appointed chairman seats himself at the Clerk's table. Scob., 36. * * *

      This is the form in the House, except that the Chairman of the
    Committee of the Whole seats himself in the Speaker's chair. Clause 1(b)
    of former rule XXIII (current rule XVIII) was adopted to authorize the
    Speaker, and it is the modern practice, when no other business is
    pending, to declare the House resolved into Committee of the Whole to
    consider a measure at any time after the House has adopted a special
    order of business providing for consideration of such measure (and not
    require a motion), unless the resolution specifies otherwise (H. Res. 5,
    Jan. 3, 1983, p. 34).

    [[Page [157]]]

      * * * <> Their
    quorum is the same as that of the House; and if a defect happens, the
    chairman, on a motion and question, rises, the Speaker resumes the chair
    and the chairman can make no other report than to inform the House of
    the cause of their dissolution. * * *

      Until 1890 a quorum of the Committee of the Whole was the same as the
    quorum of the House; but in 1890 the rule (former clause 2 of rule
    XXIII, current clause 6 of rule XVIII) fixed it at one hundred (IV,
    2966). Clause 6 of rule XVIII provides the procedure that is followed in
    Committee of the Whole in case of failure of a quorum.

      * * * <> If a message is announced during a committee, the Speaker
    takes the chair and receives it, because the committee can not. 2 Hats.,
    125, 126.

      In the House, the committee rises informally to receive a message, or
    to enable the Speaker to sign and lay before the House an enrolled bill,
    at the direction of the Chairman without a formal motion from the floor
    (IV, 4786, footnote; Jan. 28, 1980, p. 888; Feb. 8, 1995, p. 4112); but
    at this rising the House may not have the message read or transact other
    business except by unanimous consent (IV, 4787-4791). However, it is the
    general custom for the Speaker to decline to entertain a unanimous-
    consent request during an informal rising of the Committee of the Whole
    (IV, 4789, Apr. 6, 2000, p. ----).

      In <> a Committee of the Whole, the tellers
    on a division differing as to numbers, great heats and confusion arose,
    and danger of a decision by the sword. The Speaker took the chair, the
    mace was forcibly laid on the table; whereupon the Members retiring to
    their places, the Speaker told the House ``he has taken the chair
    without an order to bring the House into order.'' Some excepted against
    it; but it was generally

    [[Page [158]]]

    approved as the only expedient to suppress the disorder. And every
    Member was required, standing up in his place, to engage that he would
    proceed no further in consequence of what had happened in the grand
    committee, which was done. 3 Grey, 128.

      In the House the Speaker has on several occasions taken the chair
    ``without an order to bring the House into order'' (II, 1648-1653), but
    that being accomplished he may yield to the chairman that the committee
    may rise in due form (II, 1349). In one instance, the chairman, having
    been defied and insulted by a Member, left the chair; and, on the chair
    being taken by the Speaker, he reported the facts to the House (II,
    1653). In several cases Members who have quarrelled have made
    explanation and reconciled their difficulties (II, 1651), or have been
    compelled by the House to apologize ``for violating its privilege and
    offending its dignity'' (II, 1648, 1650).
      A <> Committee of the Whole being broken up in disorder, and the
    chair resumed by the Speaker without an order, the House was adjourned.
    The next day the committee was considered as thereby dissolved, and the
    subject again before the House; and it was decided in the House, without
    returning into committee. 3 Grey, 130.

      This provision is obsolete, since in the practice of the House there
    is but one Committee of the Whole, which is in its nature a standing
    committee with calendars of business. It is never dissolved, and bills
    remain on its calendar until reported in the regular manner after
    consideration (IV, 4705). When the Speaker restores order he usually
    yields the chair to the chairman, thus permitting the committee later to
    rise in due form (II, 1349).

      No <> previous question can be put in a
    committee; nor can this committee adjourn as others may; but if their
    business is unfinished, they rise, on a question, the House is resumed,
    and the chairman reports that the Committee of the Whole have, according
    to order, had under

    [[Page [159]]]

    their consideration such a matter, and have made progress therein; but
    not having had time to go through the same, have directed him to ask
    leave to sit again. Whereupon a question is put on their having leave,
    and on the time the House will again resolve itself into a committee.
    Scob., 38. But if they have gone through the matter <> referred
    to them, a member moves that the committee may rise, and the chairman
    report their proceedings to the House; which being resolved, the
    chairman rises, the Speaker resumes the chair, the chairman informs him
    that the committee have gone through the business referred to them, and
    that he is ready to make report when the House shall think proper to
    receive it. If the House have time to receive it, there is usually a cry
    of ``now, now,'' whereupon he makes the report; but if it be late, the
    cry is ``to-morrow, to-morrow,'' or ``Monday,'' etc., or a motion is
    made to that effect, and a question put that it be received to-morrow,
    &c. Scob., 38.

      In the practice of the House the previous question and motion to
    adjourn are not admitted in Committee of the Whole; but the rules
    (clause 8 of rule XVIII) provide for closing both the general and five-
    minute debate. When the committee rises without concluding a matter the
    chairman reports that they ``have come to no resolution thereon''; but
    leave to sit again is not asked in the modern practice. The permission
    of the House is not asked when the chairman reports a matter concluded
    in committee. The report is made and received as a matter of course, and
    is thereupon before the House for action. When the House has vested
    control of general debate in certain Members, their control may not be
    abrogated during general debate by another Member moving to rise, unless
    they yield for that purpose (May 25, 1967, p. 14121; June 10, 1999, p.
    ----). A Member yielded time in general debate may not yield to another
    for such motion (Feb. 22, 1950, p. 2178; May 17, 2000, p. ----). The
    motion that the Committee of the Whole rise is privileged during debate
    under the five-minute rule,

    [[Page [160]]]

    and may be offered during debate on a pending amendment, except where a
    Member has the floor (Aug. 13, 1986, p. 21215; Mar. 22, 1995, p. 8770).
    The motion to rise may not include restrictions on the amendment process
    or limitations on future debate on amendments (June 6, 1990, p. 13234).
    The motion that the Committee of the Whole rise is not debatable (May
    17, 2000, p. ----). For a further discussion of the motion to rise, see
    Sec. 983, infra.
      The <> Speaker recognizes only reports
    from the Committee of the Whole made by the chairman thereof (V, 6987),
    and a matter alleged to have arisen therein but not reported may not be
    brought to the attention of the House (VIII, 2429, 2430) even on the
    claim that a question of privilege is involved (IV, 4912; V, 6987; VIII,
    2430). In one instance, however, the committee reported with a bill a
    resolution relating to an alleged breach of privilege (V, 6986). When a
    bill is reported the Speaker must assume that it has passed through all
    the stages necessary for the report (IV, 4916). When the committee
    reported not only what it had done but by whom it had been prevented
    from doing other things, the Speaker held that the House might not amend
    the report, which stood (IV, 4909). But a committee may not report a
    recommendation which, if carried into effect, would change a rule of the
    House (IV, 4907, 4908) unless a measure proposing amendments to House
    rules has initially been referred to the Committee of the Whole by the
    House. When an amendment is reported by the committee it may not be
    withdrawn, and a question as to its validity is not considered by the
    Speaker (IV, 4900). When a committee, directed by order of the House to
    consider certain bills, reported also certain other bills, the Speaker
    held that so much of the report as related to the latter bills could be
    received only by unanimous consent (IV, 4911). When a report is ruled
    out as in excess of the committee's power, the accompanying bill stands
    recommitted (IV, 4784, 4907). A report from a Committee of the Whole
    could not formerly be received in the absence of a quorum (VI, 666;
    clause 7 of rule XX).
      The Committee of the <> Whole, like any other committee, may amend a proposition either
    by an ordinary amendment or by a substitute amendment (IV, 4899), but
    these amendments must be reported to the House for action. Amendments
    rejected by the committee are not reported (IV, 4877). Ordinarily all
    amendments must be disposed of before the committee may report (IV,
    4752-4758); but sometimes a special order of business requires a report
    at a specified time, in which case pending amendments are reported (IV,
    3225-3228) or not (IV, 4910) as the terms of the order may direct. In
    the 98th Congress, clause 2 of rule XXI was amended to give precedence
    to the motion that the Committee rise and report a general appropriation
    bill at the conclusion of its reading for amendment and prior to or
    between consideration of amendments proposing certain limitations or
    retrenchments (H. Res. 5, Jan. 3, 1983, p. 34). The 104th Congress

    [[Page [161]]]

    further amended clause 2 to permit only the Majority Leader or a
    designee to offer that motion (sec. 215(a), H. Res. 6, Jan. 4, 1995, p.
    468). The 105th Congress elevated the Majority Leader's preferential
    motion in clause 2 to take precedence of any motion to amend at that
    stage (H. Res. 5, Jan. 7, 1997, p. 121). The practice of the House,
    based originally on a rule (IV, 4904), requires amendments to be
    reported from the Committee of the Whole in their perfected forms, and
    this holds good even in the case of an amendment in the nature of a
    substitute, which may have been amended freely (IV, 4900-4903). If a
    Committee of the Whole amends a paragraph and subsequently strikes out
    the paragraph as amended, the first amendment fails, and is not reported
    to the House or voted on (IV, 4898; V, 6169; VIII, 2421, 2426), and when
    the Committee of the Whole adopts two amendments that are subsequently
    deleted by an amendment striking out and inserting new text, only the
    latter amendment is reported to the House (June 20, 1967, p. 16497).
    Where two amendments proposing inconsistent motions to strike and insert
    a pending section are considered as separate first degree amendments
    (not one as a substitute for the other) before either is finally
    disposed of under a special procedure permitting the Chair to postpone
    requests for a recorded vote, the Chair's order of voting on the matter
    as unfinished business determines which amendment (if both were adopted)
    would be reported to the House (Aug. 6, 1998, p. ----). Normally, if the
    Committee of the Whole perfects a bill by adopting certain amendments
    and then adopts an amendment striking out all after section one of the
    bill and inserting a new text, only the bill, as amended by the motion
    to strike out and insert, is reported to the House; but when the bill is
    being considered under a special rule permitting a separate vote in the
    House on any of the amendments adopted in the Committee of the Whole to
    the bill or the committee substitute, all amendments adopted in the
    Committee are reported to the House regardless of their consistency (May
    26, 1960, pp. 11302-04). Where a separate vote is demanded in this type
    of situation in the House only on an amendment striking out a section of
    a committee substitute, but not on perfecting amendments which have been
    previously adopted in Committee of the Whole to that section, rejection
    in the House of the motion to strike the section results in a vote on
    the committee substitute in its original form and not as perfected,
    since the perfecting amendments have been displaced in the Committee of
    the Whole and have not been revived on a separate vote in the House
    (Speaker O'Neill, Oct. 13, 1977, pp. 33622-24). But where the Committee
    of the Whole reports a bill to the House with an adopted amendment in
    the nature of a substitute and the special order of business in question
    does not provide for separate House votes on amendments thereto, a
    separate vote may not be demanded on an amendment to such amendment,
    since only one amendment in its perfected form has been reported back to
    the House (Nov. 17, 1983, p. 33463).

    [[Page [162]]]

      All <> amendments to a bill reported from the Committee of the Whole
    stand on an equal footing and must be voted on by the House (IV, 4871)
    in the order in which they are reported, although they may be
    inconsistent, one with another (IV, 4881, 4882), and are subject to
    amendment in the House unless the previous question is ordered (VIII,
    2419). Two amendments being reported as distinct were considered
    independently, although apparently one was a proviso attaching to the
    other (IV, 4905); and an entire and distinct amendment may not be
    divided, but must be voted on by the House as a whole (IV, 4883-4892;
    VIII, 2426). It is a frequent practice for the House by unanimous
    consent, to act at once on all the amendments to a bill reported from
    the Committee of the Whole, but it is the right of any Member to demand
    a separate vote on any amendment (IV, 4893, 4894; VIII, 2419). Where a
    special rule permits en bloc consideration of certain amendments in
    Committee of the Whole, those amendments if reported back to the House
    may also be considered en bloc for a separate vote in the House on
    demand of any Member (Speaker O'Neill, Sept. 7, 1978, p. 28425). A
    Member may demand a separate vote in the House on an amendment to a
    committee amendment in the nature of a substitute adopted in the
    Committee of the Whole where the bill is being considered under a
    special rule permitting separate votes in the House on any of the
    amendments adopted in the Committee of the Whole to the bill or
    committee amendment (Sept. 30, 1971, p. 34337), but where a special rule
    ``self-executes'' an amendment as a modification of an amendment in the
    nature of a substitute to be considered as an original bill, that
    modification is not separately voted on upon demand in the House
    (Speaker Foley, Feb. 3, 1993, p. 2043). A Member may withdraw a demand
    for a separate vote in the House on an amendment reported from Committee
    of the Whole prior to the Speaker's putting the question thereon, and
    unanimous consent is not required (May 28, 1987, p. 14030). When demand
    is made for separate votes in the House on several amendments adopted in
    the Committee of the Whole, the amendments are voted on in the House in
    the order in which they appear in the bill (July 24, 1968, pp. 23093-95;
    May 28, 1987, p. 14030; June 11, 1997, p. ----), except when amendments
    have been considered under a special rule prescribing the order for
    their consideration where the bill is considered as read, in which case
    they are voted on upon demand in the order in which considered in
    Committee of the Whole (Mar. 11, 1993, p. 4733; Mar. 25, 1993, pp. 6358,
    6359).
      Depending on the will of the House as expressed on the question of
    ordering the previous question (IV, 4895; V, 5794; VIII, 2419), when a
    bill is reported with amendments, it is in order to submit additional
    amendments after disposition of the committee amendments (IV, 4872-
    4876). However, in modern practice the opportunity to submit amendments
    is normally foreclosed by the ordering of the previous question under a
    special rule. The fact that a proposition has been rejected by the
    Committee of the

    [[Page [163]]]

    Whole does not prevent it from being offered as an amendment when the
    subject comes up in the House (IV, 4878-4880; VIII, 2700). A substitute
    amendment may be offered to a bill reported from committee, and then the
    previous question may be ordered on the substitute, on all other
    amendments, and on the bill to final passage (V, 5472). An amendment in
    the nature of a substitute reported from committee is treated like any
    other amendment (V, 5341), and if the House rejects the substitute the
    original bill without amendment is before the House (VIII, 2426).
      Where <> a series of bills are reported from Committee of the Whole, the
    House considers them in the order in which they are reported (IV, 4869,
    4870; VIII, 2417). A proposition reported for action has precedence over
    an independent resolution on the same subject offered by a Member from
    the floor (V, 6986), and where a bill and a resolution relating to an
    alleged breach of privilege were reported together the question was put
    first on the bill (V, 6986). A bill read in full and considered in
    Committee of the Whole (IV, 3409, 3410), or presumed to have been so
    read (IV, 4916), is not read in full again in the House when reported
    and acted on. The Chairman of the Committee of the Whole which reports a
    bill does not become entitled to prior recognition for debate in the
    House (II, 1453); but on an adverse report an opponent is recognized to
    make a motion for disposition of the bill (IV, 4897; VIII, 2430), or for
    debate (VII, 2629). The recommendation of the committee being before the
    House, the motion to carry out the recommendation is usually considered
    as pending without being offered from the floor (IV, 4896), but when a
    bill was reported with a recommendation that it lie on the table, a
    question was raised as to whether or not this motion, which prevents
    debate, should be considered as pending (IV, 4897). The House considers
    an amendment reported from the Committee of the Whole to the preamble of
    a Senate joint resolution following disposition of amendments to the
    text and pending third reading (May 25, 1993, pp. 11036, 11037).
      A <> motion
    to discharge the Committee of the Whole from the consideration of a
    matter committed to it is not privileged as against a demand for the
    regular order (IV, 4917). When the committee is discharged from
    consideration of a bill the House, in lieu of the report of the
    chairman, accepts the minutes of the Clerk as evidence of amendments
    agreed to (IV, 4922).
    <>   In other things the rules or proceedings are to be the same
    as in the House. Scob., 39.

      The House provides by rule (clause 12 of rule XVIII) that the rules of
    proceeding in the House shall apply in Committee of the Whole so far as
    they may be applicable.

    [[Page [164]]]

    [DOCID:hd284-45]
                       sec. xiii--examination of witnesses

      Common <> fame is a good ground for the House to proceed by
    inquiry, and even to accusation. Resolution House of Commons, 1 Car., 1,
    1625; Rush, L. Parl., 115; Grey, 16-22, 92; 8 Grey, 21, 23, 27, 45.

      In the House common fame has been held sufficient to justify procedure
    for inquiry (III, 2701), as in a case wherein it was stated on the
    authority of common rumor that a Member had been menaced (III, 2678).
    The House also has voted to investigate with a view to impeachment on
    the basis of common fame, as in the cases of Judges Chase (III, 2342),
    Humphreys (III, 2385), and Durell (III, 2506).

    <>
    Witnesses are not to be produced but where the House has previously
    instituted an inquiry, 2 Hats., 102, nor then are orders for their
    attendance given blank. 3 Grey, 51.

      In the House witnesses are summoned in pursuance and by virtue of the
    authority conferred on a committee by the House to send for persons and
    papers (III, 1750). Even in cases wherein the rules give to certain
    committees the authority to investigate without securing special
    permission, authority must be obtained before the production of
    testimony may be compelled (IV, 4316). The rules require that subpoenas
    issued by order of the House be signed by the Speaker (clause 4 of rule
    I) and attested and sealed by the Clerk (clause 2 of rule II). However,
    in clause 2(m) of rule XI the House has authorized any committee or
    subcommittee to issue a subpoena when authorized by a majority of the
    members of the committee or subcommittee voting, a majority being
    present. A committee may also delegate the authority to issue subpoenas
    to the chairman of a full committee. Authorized subpoenas are signed by
    the chairman of the committee or by any other member designated by the
    committee. Sometimes the House authorizes issue of subpoenas during a
    recess of Congress and empowers the Speaker to sign them (III, 1806),
    and in one case the two Houses, by concurrent resolution, empowered the
    Vice President and Speaker to sign during a recess (III, 1763). (See
    McGrain v. Daugherty, 273 U.S. 135 (1927); Barry v. U.S. ex. rel.
    Cunningham, 279 U.S. 597 (1929); Sinclair v. United States, 279 U.S. 263
    (1929)).

    [[Page [165]]]

      When <> any person is examined before a committee or at the bar of
    the House, any Member wishing to ask the person a question must address
    it to the Speaker or chairman, who repeats the question to the person,
    or says to him, ``You hear the question--answer it.'' But if the
    propriety of the question be objected to, the Speaker directs the
    witness, counsel, and parties to withdraw; for no question can be moved
    or put or debated while they are there. 2 Hats., 108. Sometimes the
    questions are previously settled in writing before the witness enters.
    Ib., 106, 107; 8 Grey, 64. The questions asked must be entered in the
    Journal. 3 Grey, 81. But the testimony given in answer before the House
    is never written down; but before a committee, it must be, for the
    information of the House, who are not present to hear it. 7 Grey, 52,
    334.

      The Committee of the Whole of the House was charged with an
    investigation in 1792, but the procedure was wholly exceptional (III,
    1804), although a statute still empowers the Chairman of the Committee
    of the Whole, as well as the Speaker, chairmen of select or standing
    committees, and Members to administer oaths to witnesses (2 U.S.C. 191;
    III, 1769). Most inquiries, in the modern practice, are conducted by
    select or standing committees, and these in each case determine how they
    will conduct examinations (III, 1773, 1775). Clause 2(k) of rule XI,
    contains provisions governing certain procedures at hearings by
    committees (Sec. 803, infra). In one case a committee permitted a Member
    of the House not of the committee to examine a witness (III, 2403).
    Usually these investigations are reported stenographically, thus making
    the questions and answers of record for report to the House. To sustain
    a conviction of perjury, a quorum of a committee must be in attendance
    when the testimony is given (Christoffel v. United States, 338 U.S. 84).
    Certain criminal statutes make it a felony to give perjurious testimony
    before a congressional committee (18 U.S.C. 1621), to intimidate
    witnesses before committees (18 U.S.C. 1505), or to make false
    statements in any matter within the jurisdiction of the execu

    [[Page [166]]]

    tive, legislative, or judicial branch of the Government of the United
    States (18 U.S.C. 1001).
      Another provision of the Federal criminal code (18 U.S.C. 6005)
    provides for ``use'' immunity for certain witnesses before either House
    or committees thereof as follows:

                     ``Sec. 6005. Congressional Proceedings.

      ``(a) In the case of any individual who has been or may be called to
    testify or provide other information at any proceeding before or
    ancillary to either House of Congress, or any committee, or any
    subcommittee of either House, or any joint committee of the two Houses,
    a United States district court shall issue, in accordance with
    subsection (b) of this section, upon the request of a duly authorized
    representative of the House of Congress or the committee concerned, an
    order requiring such individual to give testimony or provide other
    information which he refuses to give or provide on the basis of his
    privilege against self-incrimination, such order to become effective as
    provided in section 6002 of this part.
      ``(b) Before issuing an order under subsection (a) of this section, a
    United States district court shall find that--
              ``(1) in the case of a proceeding before or ancillary to
            either House of Congress, the request for such an order has been
            approved by an affirmative vote of a majority of the Members
            present of that House;
              ``(2) in the case of a proceeding before or ancillary to a
            committee or a subcommittee of either House of Congress or a
            joint committee of both Houses, the request for such an order
            has been approved by an affirmative vote of two-thirds of the
            members of the full committee; and
              ``(3) ten days or more prior to the day on which the request
            for such an order was made, the Attorney General was served with
            notice of an intention to request the order.
      ``(c) Upon application of the Attorney General, the United States
    district court shall defer the issuance of any order under subsection
    (a) of this section for such period, not longer than twenty days from
    the date of the request for such order, as the Attorney General may
    specify.''.

      The <> House, in its earlier years, arraigned and tried
    at its bar persons, not Members, charged with violation of its
    privileges, as in the cases of Randall, Whitney (II, 1599-1603),
    Anderson (II, 1606), and Houston (II, 1616); but in the case of Woods,
    charged with breach of privilege in 1870 (II, 1626-1628), the respondent
    was arraigned before the House, but was heard in his defense by counsel
    and witnesses before a standing committee. At the conclusion of that
    investigation the respondent was brought to the bar of the House while
    the House voted his punishment (II, 1628). The House has also arraigned
    at its bar contumacious witnesses before taking steps to punish by its
    own action or through the

    [[Page [167]]]

    courts (III, 1685). In examinations at its bar the House has adopted
    forms of procedure as to questions (II, 1633, 1768), providing that they
    be asked through the Speaker (II, 1602, 1606) or by a committee (II,
    1617; III, 1668). And the questions to be asked have been drawn up by a
    committee, even when put by the Speaker (II, 1633). In the earlier
    practice the answer of a witness at the bar was not written down (IV,
    2874); but in the later practice the answers appear in the journal (III,
    1668). The person at the bar withdraws while the House passes on an
    incidental question (II, 1633; III, 1768). (See McGrain v. Dougherty,
    273 U.S. 135 (1927); Barry v. U.S. ex. rel. Cunningham, 279 U.S. 597
    (1929); Jurney v. MacCracken, 294 U.S. 125 (1935)).

      If <> either House have occasion for the presence of a
    person in custody of the other, they ask the other their leave that he
    may be brought up to them in custody. 3 Hats., 52.
      A <> Member, in his place,
    gives information to the House of what he knows of any matter under
    hearing at the bar. Jour. H. of C., Jan. 22, 1744-5.

      At an examination at the bar of the House in 1795 both the written
    information given by Members and their verbal testimony were required to
    be under oath (II, 1602). In a case not of actual examination at the
    bar, but wherein the House was deliberating on a proposition to order
    investigation, it demanded by resolution that certain Members produce
    papers and information (III, 1726, 1811). Members often give testimony
    before committees of investigation, and in at least one case the Speaker
    has thus appeared (III, 1776). But in a case wherein a committee
    summoned a Member to testify as to a statement made by him in debate he
    protested that it was an invasion of his constitutional privilege (III,
    1777, 1778; see also H. Rept. 1372, 67th Cong. and Cong. Rec. 5, 1923,
    pp. 2415-23). In one instance the chairman of an investigating committee
    administered the oath to himself and testified (III, 1821). The House,
    in an inquiry preliminary to an impeachment trial, gave leave to its
    managers to examine Members, and leave to its Members to attend for the
    purpose (III, 2033).

      Either <> House may request, but not command, the attendance of
    a Member of the other. They are to make the request by message of the
    other House, and

    [[Page [168]]]

    to express clearly the purpose of attendance, that no improper subject
    of examination may be tendered to him. The House then gives leave to the
    Member to attend, if he choose it; waiting first to know from the Member
    himself whether he chooses to attend, till which they do not take the
    message into consideration. But when the peers are sitting as a court of
    criminal judicature, they may order attendance, unless where it be a
    case of impeachment by the Commons. There it is to be a request. 3
    Hats., 17; 9 Grey, 306, 406; 10 Grey, 133.

      The House and the Senate have observed this rule; but it does not
    appear that they have always made public ascertainment of the
    willingness of the Member to attend (III, 1790, 1791). In one case the
    Senate laid aside pending business in order to comply with the request
    of the House (III, 1791). In several instances House committees, after
    their invitations to Senators to appear and testify had been
    disregarded, have issued subpoenas. In such cases the Senators have
    either disregarded the subpoenas, refused to obey them, or have appeared
    under protest (III, 1792, 1793). In one case, after a Senator had
    neglected to respond either to an invitation or a subpoena the House
    requested of the Senate his attendance and the Senate disregarded the
    request (III, 1794). Where Senators have responded to invitations of
    House committees, their testimony has been taken without obtaining
    consent of the Senate (III, 1793, 1795, footnote).

      Counsel <> are to be heard only
    on private, not on public, bills and on such points of law only as the
    House shall direct. 10 Grey, 61.

      In 1804 the House admitted the counsel of certain corporations to
    address the House on pending matters of legislation (V, 7298), and in
    1806 voted that a claimant might be heard at the bar (V, 7299); but in
    1808, after consideration, the House by a large majority declined to
    follow again the precedent of 1804 (V, 7300). In early years counsel in
    election cases were heard at the bar at the discretion of the House (I,
    657, 709, 757, 765); but in 1836, after full discussion, the practice
    was abandoned (I, 660), and, with one exception in 1841 (I, 659), has
    not been revived, even for the case of a contestant who could not speak
    the English language (I, 661). Counsel appear before committees in
    election cases, however. Where wit

    [[Page [169]]]

    nesses and others have been arraigned at the bar of the House for
    contempt, the House has usually permitted counsel (II, 1601, 1616; III,
    1667), sometimes under conditions (II, 1604, 1616); but in a few cases
    has declined the request (II, 1608; III, 1666, footnote). In
    investigations before committees counsel usually have been admitted
    (III, 1741, 1846, 1847), sometimes even to assist a witness (III, 1772),
    and clause 2(k)(3) of rule XI now provides that witnesses at hearings
    may be accompanied by their own counsel for the purpose of advising them
    concerning their constitutional rights (Sec. 803, infra). In
    examinations preliminary to impeachment counsel usually have been
    admitted (III, 1736, 2470, 2516) unless in cases wherein such
    proceedings were ex parte. During impeachment investigations against
    President Nixon and President Clinton, the Committee on the Judiciary
    admitted counsel to the President to be present, to make presentations
    and to examine witnesses during investigatory hearings (H. Rept. 93-
    1305, Aug. 20, 1974, p. 29219; H. Rept. 105-830, Dec. 16, 1998, p. ----
    ).
      At one time the House required all counsel or agents representing
    persons or corporations before committees to be registered with the
    Clerk (III, 1771). The Federal Regulation of Lobbying Act (Title III of
    the Legislative Reorganization Act of 1946) requires all lobbyists to
    register with the Clerk of the House and the Secretary of the Senate (2
    U.S.C. 1601).

    [DOCID:hd284-46]
                        sec. xiv--arrangement of business

      The <> Speaker is
    not precisely bound to any rules as to what bills or other matter shall
    be first taken up; but it is left to his own discretion, unless the
    House on a question decide to take up a particular subject. Hakew., 136.
      A settled order of business is, however, necessary for the government
    of the presiding person, and to restrain individual Members from calling
    up favorite measures, or matters under their special patronage, out of
    their just turn. It is useful also for directing the discretion of the
    House, when they are moved to take up a particular matter, to the
    prejudice of others, having

    [[Page [170]]]

    priority of right to their attention in the general order of business.
    * * * * *
      In this way we do not waste our time in debating what shall be taken
    up. We do one thing at a time; follow up a subject while it is fresh,
    and till it is done with; clear the House of business gradatim as it is
    brought on, and prevent, to a certain degree, its immense accumulation
    toward the close of the session.

      Jefferson gave as a part of his comment on the law of Parliament the
    order of business in the Senate in his time. Both in the House and
    Senate the order of business has been changed to meet the needs of the
    times. The order of business now followed in the House is established by
    rule XIV; and this rule, with the rules supplemental thereto, take away
    to a very large extent the discretion exercised by the Speaker under the
    parliamentary law.
      In the House before committees are appointed it is in order to offer a
    bill or resolution for consideration not previously considered by a
    committee (VII, 2103). In the 73d Congress, the House-passed before the
    adoption of rules and election of committees a bill of major importance
    (H.R. 1491, providing relief in the existing national emergency in
    banking), following a message from President Roosevelt recommending its
    immediate passage (Mar. 9, 1933, pp. 75-84). After committees are
    appointed, bills and resolutions not otherwise in order must be referred
    (VII, 2104).

      Arrangement, <> however, can only take hold of matters in
    possession of the House. New matter may be moved at any time when no
    question is before the House. Such are original motions and reports on
    bills. Such are bills from the other House, which are received at all
    times, and receive their first reading as soon as the question then
    before the House is disposed of; and bills brought in on leave, which
    are read first whenever presented. So messages from the other House
    respecting

    [[Page [171]]]

    amendments to bills are taken up as soon as the House is clear of a
    question, unless they require to be printed, for better consideration.
    Orders of the day may be called for, even when another question is
    before the House.

      In Jefferson's time the principles of this comment would have applied
    to both House and Senate; but in the House the pressure of business has
    become so great that the order of business may be interrupted at the
    will of the majority only by certain specified matters (see annotations
    following rule XIV). For matters not thus specified, interruption of the
    order takes place only by unanimous consent. For a discussion of the
    Speaker's policy of conferring recognition for such unanimous-consent
    requests, see Sec. 956, infra.

    [DOCID:hd284-47]
                                 sec. xv--order

    * * * * *
      In <> Parliament, ``instances make order,'' per Speaker Onslow. 2
    Hats., 141. But what is done only by one Parliament, cannot be called
    custom of Parliament, by Prynne. 1 Grey, 52.

      In the House the Clerk is required to note all questions of order and
    the decisions thereon and print the record thereof as an appendix to the
    Journal (clause 2 of rule II). The Parliamentarian has the
    responsibility for compiling and updating the precedents (2 U.S.C. 28).
    The Committee Reform Amendments of 1974 gave the Speaker the
    responsibility to prepare an updated compilation of such precedents
    every two years (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The
    Speaker feels constrained in his rulings to give precedent its proper
    influence (II, 1317), since the advantage of such a course are
    undeniable (IV, 4045). But decisions of the Speakers on questions of
    order are not like judgments of courts which conclude the rights of
    parties, but may be reexamined and reversed (IV, 4637), except on
    discretionary matters of recognition (II, 1425). It is rare, however,
    that such a reversal occurs.

    [[Page [172]]]

    [DOCID:hd284-48]
                        sec. xvi--order respecting papers

      The <> Clerk is to let no journals, records, accounts, or papers be
    taken from the table or out of his custody. 2 Hats., 193, 194.
      Mr. Prynne, having at a Committee of the Whole amended a mistake in a
    bill without order or knowledge of the committee, was reprimanded. 1
    Chand., 77.
      A bill being missing, the House resolved that a protestation should be
    made and subscribed by the members ``before Almighty God, and this
    honorable House, that neither myself, nor any other to my knowledge,
    have taken away, or do at this present conceal a bill entitled,'' &c. 5
    Grey, 202.
      After a bill is engrossed, it is put into the Speaker's hands, and he
    is not to let any one have it to look into. Town, col. 209.

      In the House an alleged improper alteration of a bill was presented as
    a question of privilege and examined by a select committee. It being
    ascertained that the alteration was made to correct a clerical error,
    the committee reported that it was ``highly censurable in any Member or
    officer of the House to make any change, even the most unimportant, in
    any bill or resolution which has received the sanction of this body''
    (III, 2598). Engrossed bills do not go into the Speaker's hands.
    Enrolled bills go to him for signature.

    [DOCID:hd284-49]
                           sec. xvii--order in debate

    <>
    When the Speaker is seated in his chair, every member is to sit in his
    place. Scob., 6; Grey, 403.

      In the House the decorum of Members is regulated by the various
    provisions of rule XVII; and this provision of the parliamentary law is
    practically obsolete.

    [[Page [173]]]

      When <> any Member means to speak, he is to stand up in his
    place, uncovered, and to address himself, not to the House, or any
    particular Member, but to the Speaker, who calls him by his name, that
    the House may take notice who it is that speaks. Scob., 6; D'Ewes, 487,
    col. 1; 2 Hats., 77; 4 Grey, 66; 8 Grey, 108. But Members who are
    indisposed may be indulged to speak sitting. 2 Hats., 75, 77; 1 Grey,
    143.

      In the House a Member seeking recognition is governed by clause 1 of
    rule XVII, which differs materially from this provision of the
    parliamentary law. The Speaker, moreover, calls the Member, not by name,
    but as ``the gentleman (or gentlewoman) from ------,'' naming the State.
    As long ago as 1832, at least, a Member was not required to rise from
    his own particular seat since seats are no longer assigned (V, 4979,
    footnote).

    <>   When a Member stands up to
    speak, no question is to be put, but he is to be heard unless the House
    overrule him. 4 Grey, 390; 5 Grey, 6, 143.

      In the House no question is put as to the right of a Member to the
    floor, unless he be called to order and dealt with by the House under
    clause 4 of rule XVII.

      If <> two or more rise to speak nearly together, the Speaker
    determines who was first up, and calls him by name, whereupon he
    proceeds, unless he voluntarily sits down and gives way to the other.
    But sometimes the House does not acquiesce in the Speaker's decision, in
    which case the question is put, ``which Member was first up?'' 2 Hats.,
    76; Scob., 7; D'Ewes, 434, col. 1, 2.

    [[Page [174]]]

      In the Senate of the United States the President's decision is without
    appeal.

      In the House recognition by the Chair is governed by clause 2 of rule
    XVII and the practice thereunder. There has been no appeal from a
    decision by the Speaker on a question of recognition since 1881, on
    which occasion Speaker Randall stated that the power of recognition is
    ``just as absolute in the Chair as the judgment of the Supreme Court of
    the United States is absolute as to the interpretation of the law'' (II,
    1425-1428), and in the later practice no appeal is permitted (VIII,
    2429, 2646, 2762).

      No <> man may speak more than once on the same bill on the same day;
    or even on another day, if the debate be adjourned. But if it be read
    more than once in the same day, he may speak once at every reading. Co.,
    12, 115; Hakew., 148; Scob., 58; 2 Hats., 75. Even a change of opinion
    does not give a right to be heard a second time. Smyth's Comw. L., 2, c.
    3; Arcan, Parl., 17.
      But he may be permitted to speak again to clear a matter of fact, 3
    Grey, 357, 416; or merely to explain himself, 2 Hats., 73, in some
    material part of his speech, Ib., 75; or to the manner or words of the
    question, keeping himself to that only, and not traveling into the
    merits of it, Memorials in Hakew., 29; or to the orders of the House, if
    they be transgressed, keeping within that line, and not falling into the
    matter itself. Mem. Hakew., 30, 31.

      The House has modified the parliamentary law as to a Member's right to
    speak a second time by clause 3 of rule XVII and by permitting a Member
    controlling time in debate to yield to another more than once (Apr. 5,
    2000, p. ----). In ordinary practice rule XVII is not rigidly enforced,
    and Members find little difficulty in making such explanations as are
    contemplated by the parliamentary law.

    [[Page [175]]]

      But <> if the
    Speaker rise to speak, the Member standing up ought to sit down, that he
    may be first heard. Town., col. 205; Hale Parl., 133; Mem. in Hakew.,
    30, 31. Nevertheless, though the Speaker may of right speak to matters
    of order, and be first heard, he is restrained from speaking on any
    other subject, except where the House have occasion for facts within his
    knowledge; then he may, with their leave, state the matter of fact. 3
    Grey, 38.

      This provision is usually observed in the practice of the House only
    with regard to the conduct of the Speaker when he is in the chair. In
    several instances the Speaker has been permitted by the House to make a
    statement from the chair, as in a case wherein his past conduct had been
    criticized (II, 1369), and in a case wherein there had been unusual
    occurrences in the joint session to count the electoral vote (II, 1372),
    and in a matter relating to a contest for the seat of the Speaker as a
    Member (II, 1360). In rare instances the Speaker has made brief
    explanations from the chair without asking the assent of the House (II,
    1373, 1374). Speakers have called others to the chair and participated
    in debate, usually without asking consent of the House (II, 1360, 1367,
    footnote, 1368, 1371; III, 1950), and in one case a Speaker on the floor
    debated a point of order which the Speaker pro tempore was to decide (V,
    6097). In rare instances Speakers have left the chair to make motions on
    the floor (II, 1367, footnote). Speakers may participate in debate in
    Committee of the Whole, although the privilege was rarely exercised in
    early practice (II, 1367, footnote).
      During the House's consideration of several measures relating to the
    use of military force in the Persian Gulf, the Speaker took the floor
    not only to debate the pending question but also to commend the House on
    the quality of its recent debates on matters of war and peace and to
    explain his decision to vote on measures relating thereto even though
    not required to do so (Jan. 12, 1991, p. 1085).

      No <> one is to speak impertinently or beside the question,
    superfluous, or tediously. Scob., 31, 33; 2 Hats., 166, 168; Hale Parl.,
    133.

      The House, by clause 1 of rule XVII, provides that the Member shall
    address himself to the question under debate, but neither by rule nor
    prac

    [[Page [176]]]

    tice has the House suppressed superfluous or tedious speaking, its hour
    rule (clause 2 of rule XVII) being a sufficient safeguard in this
    respect.

      No <> person is to
    use indecent language against the proceedings of the House; no prior
    determination of which is to be reflected on by any Member, unless he
    means to conclude with a motion to rescind it. 2 Hats., 169, 170;
    Rushw., p. 3, v. 1, fol. 42. But while a proposition under consideration
    is still in fieri, though it has even been reported by a committee,
    reflections on it are no reflections on the House. 9 Grey, 508.

      In the practice of the House it has been held out of order in debate
    to cast reflections on either the House or its membership or its
    decisions, whether present or past (V, 5132-5138). A Member who had used
    offensive words against the character of the House, and who declined to
    explain, was censured (II, 1247). Words impeaching the loyalty of a
    portion of the membership have also been ruled out (V, 5139). Where a
    Member reiterated on the floor certain published charges against the
    House, action was taken, although other business had intervened, the
    question being considered one of privilege (III, 2637). It has been held
    inappropriate and not in order in debate to refer to the proceedings of
    a committee except such as have been formally reported to the House (V,
    5080-5083; VIII, 2269, 2485-2493; June 24, 1958, pp. 12120, 12122), but
    this rule does not apply to the proceedings of a committee of a previous
    Congress (Feb. 2, 1914, p. 2782), and the rationale for this limitation
    on debate is in part obsolete under the modern practice of the House
    insofar as the doctrine is applied to open committee meetings and
    hearings.

      No <> person, in
    speaking, is to mention a Member then present by his name, but to
    describe him by his seat in the House, or who spoke last, or on the
    other side of the question, &c., Mem. in Hakew., 3; Smyth's Comw., L. 2,
    c. 3; nor to digress from the matter to fall upon the person, Scob., 31;
    Hale Parl., 133; 2 Hats., 166, by speaking reviling, nipping,

    [[Page [177]]]

    or unmannerly words against a particular Member. Smyth's Comw., L. 2, c.
    3. * * *

      In the practice of the House, a Member is not permitted to refer to
    another Member by name (V, 5144; VIII, 2526, 2529, 2536), or to address
    him in the second person (V, 5140-5143; VI, 600; VIII, 2529). The proper
    reference to another Member is ``the gentleman (or gentlewoman) from --
    ----,'' naming the Member's State (June 14, 1978, p. 17615; July 21,
    1982, p. 17314). A mere reference to a Member's voting record does not
    form a basis for a point of order against those remarks (June 13, 2002,
    p. ----, p. ----).
      By rule of the House (clause 1 of rule XVII), as well as by
    parliamentary law, personalities are forbidden (V, 4979, 5145, 5163,
    5169), whether against the Member in the Member's capacity as
    Representative or otherwise (V, 5152, 5153), even if the references may
    be relevant to the pending question (Sept. 28, 1996, p. 25778). The
    House has censured a Member for gross personalities (II, 1251). The
    Chair may intervene to prevent improper references where it is evident
    that a particular Member is being described (Nov. 3, 1989, p. 27077).
      The Chair does not rule on the veracity of a statement made by a
    Member in debate (Apr. 9, 1997, p. ----). Although accusing another
    Member of deceit engages in personality, merely accusing another Member
    of making a mistake does not (Oct. 26, 2000, p. ----).
      Clause 1 of rule XVII has been held to proscribe: (1) referring to an
    identifiable group of sitting Members as having committed a crime (e.g.,
    ``stealing'' an election or obstructing justice) (Feb. 27, 1985, p.
    3898; Speaker Wright, Mar. 21, 1989, p. 5016; May 19, 1998, p. ----);
    (2) referring in a personally critical manner to the political tactics
    of the Speaker or other Members (June 25, 1981, p. 14056); (3) referring
    to a particular Member of the House in a derogatory fashion (Nov. 3,
    1989, p. 27077); (4) characterizing a Member as ``the most impolite
    Member'' (June 27, 1996, p. 15915); (5) questioning the integrity of a
    Member (July 25, 1996, p. 19170); (6) denunciating the spirit in which a
    Member had spoken (V, 6981); and (7) using a Member's surname as though
    an adjective for a word of ridicule (June 13, 2002, p. ----).
      A distinction has been drawn between general language, which
    characterizes a measure or the political motivations behind a measure,
    and personalities (V, 5153, 5163, 5169). Although remarks in debate may
    not include personal attacks against a Member or an identifiable group
    of Members, they may address political motivations for legislative
    positions (Jan. 24, 1995, p. 2214; Mar. 8, 1995, pp. 7307, 7308; Nov.
    17, 1995, p. 33832; June 13, 1996, p. 14043). For example, references to
    ``down-in-the-dirt gutter politics'' and ``you people are going to pay''
    were held not to be personal references (Nov. 14, 1995, p. 32388).
    Similarly, characterizing a pending measure as a ``patently petty
    political terrorist tactic'' was held in order as a reference to the
    pending measure rather than to the motive or char

    [[Page [178]]]

    acter of the measure's proponent (Nov. 9, 1995, p. 31413). The Chair has
    also held in order a general reference that ``big donors'' receive
    ``access to leadership power and decisions'' because the reference did
    not identify a specific Member as engaging in an improper quid pro quo
    (Apr. 9, 1997, p. ----). A general statement that seemed to invoke
    racial stereotypes, but not in a context so inflammatory as to
    constitute a breach of decorum, was held not unparliamentary (Apr. 9,
    2003, p. ----).
      A Member should refrain from references in debate to the official
    conduct of a Member where such conduct is not the subject then pending
    before the House by way of either a report of the Committee on Standards
    of Official Conduct or another question of the privileges of the House
    (see, e.g., July 24, 1990, p. 18917; Mar. 19, 1992, p. 6078; May 25,
    1995, pp. 14434-37; Sept. 19, 1995, pp. 25454, 25455). This stricture
    also precludes a Member from reciting news articles discussing a
    Member's conduct (Sept. 24, 1996, p. 24318), reciting the content of a
    previously tabled resolution raising a question of the privileges of the
    House (Nov. 17, 1995, p. 33853; Sept. 19, 1996, p. 23855), or even
    referring to a Member's conduct by mere insinuation (Sept. 12, 1996, p.
    22899). Notice of an intention to offer a resolution as a question of
    the privileges of the House under rule IX does not render a resolution
    ``pending'' and thereby permit references to conduct of a Member
    proposed to be addressed therein (Sept. 19, 1996, p. 23811).
      The stricture against references to a Member's conduct not then
    pending before the House applies to the conduct of all sitting Members
    (Apr. 1, 1992, p. 7899), including conduct that has previously been
    resolved by the Committee on Standards of Official Conduct or the House
    (Sept. 20, 1995, pp. 25825, 25826; Sept. 24, 1996, pp. 24483, 24485;
    Apr. 17, 1997, p. ----). This stricture does not apply to the conduct of
    a former Member, provided the reference is not made in an attempt to
    compare the conduct of a former Member with the conduct of a sitting
    Member (Sept. 12, 1996, pp. 22900, 22901).
      Debate on a pending privileged resolution recommending disciplinary
    action against a Member may necessarily involve personalities. However,
    clause 1 of rule XVII still prohibits the use of language that is
    personally abusive (see, e.g., July 31, 1979, p. 21584; Jan. 21, 1997,
    p. 393) and the Chair may take the initiative to prevent violations of
    the rule (July 24, 2002, p. ----). Furthermore, during the actual
    pendency of such a resolution, a Member may discuss a prior case
    reported to the House by the Committee on Standards of Official Conduct
    for the purpose of comparing the severity of the sanction recommended in
    that case with the severity of the sanction recommended in the pending
    case, provided that the Member does not identify, or discuss the details
    of the past conduct of, a sitting Member (Dec. 18, 1987, p. 36271).
      In addition to the prohibition against addressing a Member's conduct
    when it is not actually pending before the House, the Speaker has
    advised that Members should refrain from references in debate (1) to the
    motivations of a Member who filed a complaint before the Committee on
    Stand

    [[Page [179]]]

    ards of Official Conduct (June 15, 1988, p. 14623; July 6, 1988, p.
    16630; Mar. 22, 1989, p. 5130; May 2, 1989, p. 7735; Nov. 3, 1989, p.
    27077); (2) to personal criticism of a member of the Committee on
    Standards of Official Conduct (Apr. 1, 1992, p. 7899; Mar. 3, 1995, p.
    6715; Sept. 19, 1996, p. 23812; Sept. 24, 1996, p. 24317); and (3) to an
    investigation undertaken by the Committee on Standards of Official
    Conduct, including suggestion of a course of action (Mar. 3, 1995, p.
    6715; Sept. 24, 1996, p. 24317; Sept. 28, 1996, p. 25778) or advocacy of
    an interim status report by the Committee (Sept. 12, 1996, p. 22900;
    Sept. 28, 1996, p. 25778).
      A Member may not read in debate extraneous material critical of
    another Member, which would be improper if spoken in the Member's own
    words (May 25, 1995, pp. 14436, 14437; Sept. 12, 1996, p. 22898). Thus,
    words in a telegram read in debate which repudiated the ``lies and half-
    truths'' of a House committee report were ruled out of order as
    reflecting on the integrity of committee members (June 16, 1947, p.
    7065), and unparliamentary references in debate to newspaper accounts
    used in support of a Member's personal criticism of another Member were
    similarly ruled out of order (Feb. 25, 1985, p. 3346).
      Complaint <> of the conduct
    of the Speaker should be presented directly for the action of the House
    and not by way of debate on other matters (V, 5188). In a case wherein a
    Member used words insulting to the Speaker the House on a subsequent
    day, and after other business had intervened, censured the offender (II,
    1248). In such a case the Speaker would ordinarily leave the chair while
    action should be taken by the House (II, 1366; V, 5188; VI, 565). In the
    104th Congress the Chair reaffirmed that it is not in order to speak
    disrespectfully of the Speaker, and that under the precedents the
    sanctions for such violations transcend the ordinary requirements for
    timeliness of challenges (II, 1248; Jan. 4, 1995, p. 552; Jan. 19, 1995,
    p. 1599). It is not in order to arraign the personal conduct of the
    Speaker (Jan. 18, 1995, p. 1441; Jan. 19, 1995, p. 1601). For example,
    it is not in order to charge dishonesty or disregard of the rules (July
    11, 1985, p. 18550), to reflect on his patriotism by accusing him of
    ``kowtowing'' to persons who would desecrate the flag (June 20, 1990, p.
    14877), to refer to him as a ``crybaby'' (Nov. 16, 1995, p. 33394), or
    to refer to official conduct of the Speaker that has previously been
    resolved by the Committee on Standards of Official Conduct or the House
    (Apr. 17, 1997, p. ----). The Chair may take the initiative to admonish
    Members for references in debate that disparage the Speaker (June 25,
    1981, p. 14056; Mar. 22, 1996, p. 6077). Debate on a resolution
    authorizing the Speaker to entertain motions to suspend the rules may
    not engage in personality by discussing the official conduct of the
    Speaker, even if possibly relevant to the question of empowerment of the
    Speaker (Sept. 24, 1996, p. 24485).

    [[Page [180]]]

      * * * <> The
    consequences of a measure may be reprobated in strong terms; but to
    arraign the motives of those who propose to advocate it is a
    personality, and against order. Qui digreditur a materia ad personam,
    Mr. Speaker ought to suppress. Ord. Com., 1604, Apr. 19.

      The arraignment of the motives of Members is not permitted (V, 5147-
    51; Dec. 13, 1973, p. 41270), and the Speakers have intervened to
    prevent it, in the earlier practice preventing even mildest imputations
    (V, 5161, 5162). However, remarks in debate may address political, but
    not personal, motivations for legislative positions (Jan. 24, 1995, p.
    2214; Mar. 8, 1995, pp. 7307, 7308; Nov. 17, 1995, p. 33832; June 13,
    1996, p. 14043) or for committee membership (July 10, 1995, pp. 18257-
    59). Accusing another Member of hypocrisy has been held not in order
    (July 24, 1979, p. 20380; Mar. 29, 1995, p. 9675), and characterizing
    the motivation of a Member in offering an amendment as deceptive and
    hypocritical was ruled out of order (June 12, 1979, p. 11461). A
    statement in debate that an amendment could only be demagogic or racist
    because only demagoguery or racism impelled such an amendment was ruled
    out of order as impugning the motives of the Member offering the
    amendment (Dec. 3, 1973, pp. 41270, 41271). However, debate
    characterizing a pending measure as a ``patently petty political
    terrorist tactic'' was held in order as directed at the pending measure
    rather than the motive or the character of its proponent (Nov. 9, 1995,
    p. 31413). While in debate the assertion of one Member may be declared
    untrue by another, yet in so doing an intentional misrepresentation must
    not be implied (V, 5157-5160), and if stated or implied is censurable
    (II, 1305) and presents a question of privilege (III, 2717; VI, 607). A
    Member in debate having declared the words of another ``a base lie,''
    censure was inflicted by the House on the offender (II, 1249).

      No <> one
    is to disturb another in his speech by hissing, coughing, spitting, 6
    Grey, 322; Scob., 8; D'Ewes, 332, col. 1, 640, col. 2, speaking or
    whispering to another, Scob., 6; D'Ewes, 487, col. 1; nor stand up to
    interrupt him, Town, col. 205; Mem. in Hakew., 31; nor to pass between
    the Speaker and the speaking Member, nor to go across the House, Scob.,
    6, or to walk up and down it, or

    [[Page [181]]]

    to take books or papers from the table, or write there, 2 Hats., 171, p.
    170.

      The House has, by clause 5 of rule XVII, prescribed certain rules of
    decorum differing somewhat from this provision of the parliamentary law,
    but supplemental to it rather than antagonistic. In one respect,
    however, the practice of the House differs from the apparent intent of
    the parliamentary law. In the House a Member may interrupt by addressing
    the Chair for permission of the Member speaking (V, 5006; VIII, 2465);
    but it is entirely within the discretion of the Member occupying the
    floor to determine when and by whom he shall be interrupted (V, 5007,
    5008; VIII, 2463, 2465). There is no rule of the House requiring a
    Member having the floor to yield to another Member to whom he has
    referred during debate (Aug. 2, 1984, p. 22241). A Member may ask
    another to yield from any microphone in the Chamber, including those in
    the well, so long as not crossing between the Member having the floor
    and the Chair (June 5, 1998, p. ----). The Chair may take the initiative
    in preserving order when a Member declining to yield in debate continues
    to be interrupted by another Member, may order that the interrupting
    Member's remarks not appear in the Record (July 26, 1984, p. 21247), and
    may admonish Members not to converse with a Member attempting to address
    the House (Feb. 21, 1984, p. 2758), as it is not in order to engage in
    disruption while another is delivering remarks in debate (June 27, 1996,
    p. 15915). On the opening day of the 103d Congress, during the customary
    announcement of policies with respect to particular aspects of the
    legislative process, the Chair elaborated on the rules of order in
    debate with a general statement concerning decorum in the House (Jan. 5,
    1993, p. 105). Under this provision, the Chair may require a line of
    Members waiting to sign a discharge petition to proceed to the rostrum
    from the far right-hand aisle and require the line not to stand between
    the Chair and Members engaging in debate (Oct. 24, 1997, p. ----).
    Hissing and jeering is not proper decorum in the House (May 21, 1998, p.
    ----). For further discussion of interruptions in debate, see Sec. 946,
    infra.

      Nevertheless, <> if a Member finds that it is not the inclination of
    the House to hear him, and that by conversation or any other noise they
    endeavor to drown his voice, it is his most prudent way to submit to the
    pleasure of the House, and sit down; for it scarcely ever happens that
    they are guilty of this piece of ill manners without sufficient reason,
    or inattention to a Member who

    [[Page [182]]]

    says anything worth their hearing. 2 Hats., 77, 78.

      In the House, where the previous question and hour rule of debate have
    been used for many years, the parliamentary method of suppressing a
    tedious Member has never been imported into the practice (V, 5445).

      If <> repeated calls do not produce order, the Speaker may call by
    his name any Member obstinately persisting in irregularity; whereupon
    the House may require the Member to withdraw. He is then to be heard in
    exculpation, and to withdraw. Then the Speaker states the offense
    committed; and the House considers the degree of punishment they will
    inflict. 2 Hats., 167, 7, 8, 172.

      This provision of parliamentary law should be in conjunction with
    clause 4 of rule XVII, Sec. Sec. 960-961, infra, particularly as this
    provision relates to the ultimate authority of the House to determine
    whether a Member ignoring repeated calls to order should be permitted to
    proceed in order.

      For <> instances of assaults and affrays in the House of Commons,
    and the proceedings thereon, see 1 Pet. Misc., 82; 3 Grey, 128; 4 Grey,
    328; 5 Grey, 382; 6 Grey, 254; 10 Grey, 8. Whenever warm words or an
    assault have passed between Members, the House, for the protection of
    their Members, requires them to declare in their places not to prosecute
    any quarrel, 3 Grey, 128, 293; 5 Grey, 280; or orders them to attend the
    Speaker, who is to accommodate their differences, and report to the
    House, 3 Grey, 419; and they are put under restraint if they refuse, or
    until they do. 9 Grey, 234, 312.

    [[Page [183]]]

      In several instances assaults and affrays have occurred on the floor
    of the House. Sometimes the House has allowed these affairs to pass
    without notice, the Members concerned making apologies either personally
    or through other Members (II, 1658-1662). In other cases the House has
    exacted apologies (II, 1646-1651, 1657), or required the offending
    Members to pledge themselves before the House to keep the peace (II,
    1643). In case of an aggravated assault by one Member on another on the
    portico of the Capitol for words spoken in debate, the House censured
    the assailant and three other Members who had been present, armed, to
    prevent interference (II, 1655, 1656). Assaults or affrays in the
    Committee of the Whole are dealt with by the House (II, 1648-1651).

      Disorderly <> words are not to be noticed till the Member has
    finished his speech. 5 Grey, 356; 6 Grey, 60. Then the person objecting
    to them, and desiring them to be taken down by the Clerk at the table,
    must repeat them. The Speaker then may direct the Clerk to take them
    down in his minutes; but if he thinks them not disorderly, he delays the
    direction. If the call becomes pretty general, he orders the Clerk to
    take them down, as stated by the objecting Member. They are then a part
    of his minutes, and when read to the offending Member, he may deny they
    were his words, and the House must then decide by a question whether
    they are his words or not. Then the Member may justify them, or explain
    the sense in which he used them, or apologize. If the House is
    satisfied, no further proceeding is necessary. But if two Members still
    insist to take the sense of the House, the Member must withdraw before
    that question is stated, and then the sense of the House is to be taken.
    2 Hats., 199; 4 Grey, 170; 6 Grey, 59. When any Member has spoken, or
    other business intervened, after offensive words spoken, they can not be
    taken notice

    [[Page [184]]]

    of for censure. And this is for the common security of all, and to
    prevent mistakes which must happen if words are not taken down
    immediately. Formerly they might be taken down at any time the same day.
    2 Hats., 196; Mem. in Hakew., 71; 3 Grey, 48; 9 Grey, 514.

      The House has, by clause 4 of rule XVII, provided a method of
    procedure in cases of disorderly words. The House permits and requires
    them to be noticed as soon as uttered, and has not insisted that the
    offending Member withdraw while the House is deciding as to its course
    of action.

      Disorderly <> words spoken in a committee must be
    written down as in the House; but the committee can only report them to
    the House for animadversion. 6 Grey, 46.

      This provision of the parliamentary law has been applied to the
    Committee of the Whole, rather than to select or standing committees,
    which are separately empowered to enforce rules of decorum (clause 1(a)
    of rule XI, which incorporates the provisions of rule XVII where
    applicable). The House has censured a Member for disorderly words spoken
    in Committee of the Whole and reported therefrom (II, 1259).

      In <> Parliament, to speak irreverently or seditiously against
    the King is against order. Smyth's Comw., L. 2, c. 3; 2 Hats., 170.

      This provision of the parliamentary law is manifestly inapplicable to
    the House (V, 5086); and it has been held in order in debate to refer to
    the President of the United States or his opinions, either with approval
    or criticism, provided that such reference be relevant to the subject
    under discussion and otherwise conformable to the Rules of the House (V,
    5087-5091; VIII, 2500). Under this standard the following references are
    in order: (1) a reference to the probable action of the President (V,
    5092); (2) an adjuration to the President to keep his word (although an
    improper form of address) (Dec. 19, 1995, p. 37601); and (3) an
    accusation that the President ``frivolously vetoed'' a bill (Nov. 8,
    1995, p. 31785).
      Although wide latitude is permitted in debate on a proposition to
    impeach the President (V, 5093), Members must abstain from language
    personally offensive (V, 5094; Dec. 18, 1998, p. ----); and Members must
    ab

    [[Page [185]]]

    stain from comparisons to the personal conduct of sitting Members of the
    House or Senate (Dec. 18, 1998, p. ----). Furthermore, Members may not
    refer to evidence of alleged impeachable offenses by the President
    contained in a communication from an independent counsel pending before
    a House committee (Sept. 14, 1998, p. ----; Sept. 17, 1998, p. ----),
    although they may refer to the communication, itself, within the
    confines of proper decorum in debate (Oct. 6, 1998, p. ----).
      Personal abuse, innuendo, or ridicule of the President is not
    permitted (VIII, 2497; Aug. 12, 1986, p. 21078; Oct. 21, 1987, p. 8857;
    Sept. 21, 1994, p. 25147). Under this standard the following references
    are not in order: (1) calling the President a ``liar'' or accusing him
    of ``lying'' (June 26, 1985, p. 17394; Sept. 24, 1992, pp. 27345, 27346;
    Nov. 15, 1995, p. 32587; June 6, 1996, pp. 13228, 13229; Mar. 18, 1998,
    p. ----; Nov. 14, 2002, p. ----; July 15, 2003, p. ----), or suggesting
    mendacity (such as suggesting the President misrepresented the truth,
    attempted to obstruct justice, and encouraged others to perjure
    themselves (Feb. 25, 1998, p. ----), charging him with intent to be
    intellectually dishonest (May 9, 1990, p. 9828), stating that many were
    convinced he had ``not been honest'' (Mar. 5, 1998, p. ----); (2)
    attributing to him ``hypocrisy'' (Sept. 25, 1992, p. 27674); (3)
    accusing him of giving ``aid and comfort to the enemy'' (Jan. 25, 1995,
    p. 2352); (4) accusing him of ``demagoguery'' (Jan. 23, 1996, p. 1144;
    Jan. 24, 1996, pp. 1220, 1221; May 30, 1996, pp. 12646, 12647); (5)
    calling him a ``draft-dodger'' or accusing him of ``raping the truth''
    (Apr. 24, 1996, pp. 8807, 8808; Sept. 30, 1996, p. 26603); (6)
    describing his action as ``cowardly'' (Oct. 25, 1989, p. 25817); (7)
    referring to him as ``a little bugger'' (Nov. 18, 1995, p. 33974); (8)
    alluding to alleged sexual misconduct on his part (May 10, 1994, p.
    9697; Feb. 25, 1998, p. ----; Mar. 5, 1998, p. ----; May 18, 1998, p. --
    --); (9) alluding to unethical behavior on his part (June 20, 1996, p.
    14829; July 9, 2002, p. ----); (10) discussing ``charges'' leveled at
    the President or under investigation (Mar. 19, 1998, p. ----; June 11,
    1998, p. ----), including alluding to ``fund-raising abuses'' (Mar. 14,
    2000, p. ----) or speculating that the Vice President might someday
    pardon the President for certain charges (Apr. 12, 2000, p. ----); or
    discussing alleged criminal conduct (Sept. 10, 1998, p. ----); (11)
    discussing personal conduct even as a point of reference or comparison
    (July 16, 1998, p. ----; Sept. 9, 1998, p. ----); and (12) implying a
    cause-and-effect relationship between political contributions and his
    actions as President (May 22, 2001, p. ----). The Chair may admonish
    Members transgressing this stricture even after other debate has
    intervened (Jan. 23, 1996, p. 1144).
      A Member may not read in debate extraneous material personally abusive
    of the President, which would be improper if spoken in the Member's own
    words (July 12, 1996, pp. 17109, 17110; July 26, 1996, p. 19458; Feb.
    26, 1998, p. ----; Mar. 3, 1993, p. 3958; Nov. 15, 1995, p. 32587; May
    2, 1996, p. 10010; Mar. 17, 1998, p. ----; July 15, 2003, p. ----). This
    prohibition includes the recitation of another Member's criticism of the

    [[Page [186]]]

    President made off the floor (even if recited as a rebuttal to such
    criticism) (Dec. 17, 1998, p. ----).
      The Chair has advised that the protections afforded by Jefferson's
    Manual and the precedents against unparliamentary references to the
    President, himself, do not necessarily obtain for members of his family
    (July 12, 1990, p. 17206). In the 102d Congress, the Speaker enunciated
    a minimal standard of propriety for all debate concerning nominated
    candidates for the Presidency, based on the traditional proscription
    against personally offensive references to the President even in his
    capacity as a candidate (Speaker Foley, Sept. 24, 1992, p. 27344).
      For discussion of the stricture against addressing remarks in debate
    to the President, as in the second person, see Sec. 945, infra.
      On January 27, 1909 (VIII, 2497), the House adopted a report of a
    committee appointed to investigate the question, which report in part
    stated:
      ``The freedom of speech in debate in the House should never be denied
    or abridged, but freedom of speech in debate does not mean license to
    indulge in personal abuses or ridicule. The right of Members of the two
    Houses of Congress to criticize the official acts of the President and
    other executive officers is beyond question, but this right is subject
    to proper rules requiring decorum in debate. Such right of criticism is
    inherent upon legislative authority. The right to legislate involves the
    right to consider conditions as they are and to contrast present
    conditions with those of the past or those desired in the future. The
    right to correct abuses by legislation carries the right to consider and
    discuss abuses which exist or which are feared.
      ``It is, however, the duty of the House to require its Members in
    speech or debate to preserve that proper restraint which will permit the
    House to conduct its business in an orderly manner and without
    unnecessarily and unduly exciting animosity among its Members or
    antagonism from those other branches of the Government with which the
    House is correlated.''

      It <> is a breach of order in debate to notice what
    has been said on the same subject in the other House, or the particular
    votes or majorities on it there; because the opinion of each House
    should be left to its own independency, not to be influenced by the
    proceedings of the other; and the quoting them might beget reflections
    leading to a misunderstanding between the two Houses. 8 Grey, 22.

    [[Page [187]]]

      Until former clause 1 of rule XIV (current clause 1 of rule XVII) was
    amended by adoption of the rules in the 100th Congress (H. Res. 5, Jan.
    6, 1987, p. 6) and again in the 101st Congress (H. Res. 5, Jan. 3, 1989,
    p. 72), this principle of comity and the parliamentary law as described
    by Jefferson governed debate in the House to the full extent of its
    provisions (see generally, V, 5095-5130; VIII, 2501-21; July 31, 1984,
    p. 21670; Deschler-Brown, ch. 29, Sec. 44). Clause 1 of rule XVII
    governs debate concerning the Senate and permits some factual references
    that are a matter of public record and that are relevant to the making
    of legislative history on the pending measure. It is the duty of the
    Speaker to call to order a Member who criticizes the actions of the
    Senate (see Sec. 374, infra), and the Speaker may admonish a Member even
    after intervening recognition (Oct. 12, 1999, p. ----; Nov. 15, 2001, p.
    ----). The House has, by unanimous consent, permitted tributes to a
    retiring Senator (Sept. 18, 2000, p. ----).
      It is not in order in debate to mention the name of a Senator (except
    as the sponsor of a measure or in quotations from Senate proceedings for
    the purpose of making legislative history). This rule has been applied
    when a Member in debate: (1) either criticizes (V, 5121, 5122; VIII,
    2518, 2521; July 10, 1990, p. 17205) or compliments (VIII, 2509; Apr.
    21, 1993, p. 8013; Nov. 18, 1999, p. ----), including extending thanks
    to named Senators (June 12, 2001, p.----); (2) refers to a Senator's
    vote on a proposition (Deschler-Brown, ch. 29, Sec. Sec. 44.38-44.44;
    (3) characterizes the position of a Senator on a legislative issue
    (Deschler-Brown, ch. 29, Sec. Sec. 44.17, 44.19; Oct. 11, 1984, p.
    32153; July 12, 1990, p. 17205); (4) publicizes the telephone number of
    a Senator in an attempt to influence his future vote (Oct. 25, 1990, p.
    34083); or (5) speculates as to the intent or motives of a Senator (Oct.
    11, 1984, pp. 32221-23; Oct. 21, 1997, p. ----; Nov. 6, 2001, p. ----;
    Apr. 11, 2003, p. ----). The prohibition against such references to
    Senators includes a reference not explicitly naming the Senator (VIII,
    2512; Feb. 23, 1994, p. 2658; June 30, 1995, p. 18153; Feb. 27, 1997,
    pp. 2768, 2769), including a recitation of a quote by ``a Member of the
    other body'' (Feb., 12, 2003, p. ----). References to statements or
    actions of Senators occurring outside the Senate Chamber also are not in
    order (VIII, 2515; Deschler-Brown, ch. 29, Sec. Sec. 44.31-44.37; Apr.
    11, 2000, p. ----). The prohibition also extends to the reading of a
    paper making criticisms of a Senator (V, 5127) and references to another
    person's criticism of a Senator (Aug. 4, 1983, p. 23145). Remarks in
    debate during the pendency of an impeachment resolution may not include
    comparisons to the personal conduct of sitting Members of the House or
    Senate (Dec. 18, 1998, p. ----). It also is not in order in debate to
    refer to the presence of a Senator on the House floor (Apr. 17, 2002, p.
    ----; Apr. 30, 2002, p. ----).
      A Member may not read or quote from the record of speeches or
    proceedings in the Senate, or insert such material in the Record (V,
    5107-5111; VIII, 2501-2506; June 25, 1986, p. 15576; Deschler-Brown, ch.
    29, Sec. Sec. 44.23-44.25; Apr. 11, 2000, p. ----) except to make
    legislative history on a measure then under debate, and the prohibition
    extends to quoting

    [[Page [188]]]

    accounts of Senate debates printed elsewhere, such as in reprints or in
    the press (VIII, 2053). After examination by a committee, a speech
    reflecting on the character of the Senate was ordered to be stricken
    from the Record, on the ground that it tended to create ``unfriendly
    conditions between the two bodies * * * obstructive of wise legislation
    and little short of a public calamity'' (V, 5129).
      On one occasion before the rule was changed in the 101st Congress to
    permit certain quotations from Senate proceedings for the purpose of
    making legislative history, the Speaker entertained a unanimous-consent
    request that a Member be permitted to refer in debate to Senate
    proceedings (to quote a statement by the Senate Majority Leader as to
    probable Senate action on the measure then pending in the House), but
    the Speaker first ascertained in what manner the reference would be
    made, in order to assure that remarks critical of the Senate, its
    Members, or its proceedings would not be made (Speaker O'Neill, June 4,
    1980, p. 13212). However, the Chair will not entertain such a request
    where the references would necessarily imply criticism of the Senate,
    such as to respond to remarks in the Senate which were critical of
    Members of the House (VIII, 2519).
      With respect to references to Members of the Senate acting in another
    capacity, references to former Members of the House who are presently
    Senators are only permissible if they merely address prior House service
    and are not implicitly critical of Senate service (May 8, 1984, p.
    11428). A Member of the House has been permitted to refer to a speech
    made in the Senate by one no longer a Member of that body (V, 5112),
    although references to Senate proceedings on legislation in the current
    Congress other than those expressly permitted to establish legislative
    history should be avoided. In the 104th Congress the Chair held that the
    precise standard in clause 1 of former rule XIV (current rule XVII) for
    references to ``individual Members of the Senate'' does not apply to
    references to former Senators or to the Vice President in his former
    capacity as a Senator (Dec. 14, 1995, p. 36968). It has even been held
    out of order to criticize words spoken in the Senate by one not a Member
    of that body in the course of an impeachment trial (V, 5106).
      References in debate to the Vice President (as President of the
    Senate) are governed by the standards of reference permitted toward the
    President rather than the more stringent prohibitions under clause 1 of
    former rule XIV (current rule XVII) against references to sitting
    Senators. Therefore, a Member may criticize in debate the policies, or
    candidacy, of the Vice President but may not engage in personality (Dec.
    14, 1995, p. 36968; July 14, 1998, p. ----; Sept. 20, 2000, p. ----). As
    such, it is not in order to allude to ``wrongdoings [including] fund-
    raising telephone calls by the Vice President'' (Mar. 14, 2000, p. ----
    ); to speculate that he might someday ``pardon'' the President (Apr. 12,
    2000, p. ----); to accuse him of lying (Sept. 20, 2000, p. ----; Sept.
    21, 2000, p. ----); or to suggest ``he has a problem with the truth''
    (Oct. 5, 2000, p. ----). References to the Vice

    [[Page [189]]]

    President contained in extraneous material read in debate are held to
    the same standard as words spoken in debate (Sept. 19, 2000, p. ----).
      References to Members of the Senate in their capacities as candidates
    for the Presidency or other office are not prohibited; where a Senator
    is a candidate for President or Vice President his official policies,
    actions, and opinions as a candidate may be criticized in terms not
    personally offensive (Speaker Wright, Sept. 29, 1988, p. 26683), but
    references attacking the character or integrity of a Senator even in
    that context are not in order (Oct. 30, 1979, p. 30150).
      Although it is not in order to characterize the position of the Senate
    (Oct. 5, 1984, p. 30326) or speculate as to the intent of the Senate on
    legislation (Oct. 11, 1984, pp. 32221-23), it is permissible under
    clause 1 of rule XVII to discuss the content of a Senate-passed
    counterpart to a pending House bill (Nov. 1, 2001, p. ----), to affirm
    that the Senate has or has not taken an action (Dec. 19, 2001, p. --;
    Mar. 5, 2003, p. ------), or to discuss Senate procedures on a factual
    basis (Feb. 13, 2003, p. ----). For example, although a Member may say
    that the Senate has, as a matter of fact, ``not acted'' on a specified
    measure, the Member may not say that the Senate ``cannot act'' (Dec. 19,
    2001, p. ----) or cite the Senate for ``failure to act'' (Sept. 26,
    2002, p. ----) or to suggest Senate inaction was the result of a
    ``filibuster'' (Mar. 5, 2003, p. ----).
      Even prior to the 100th Congress, it has been permissible to refer to
    proceedings in the other House, provided the reference does not
    contravene the principles stated by Jefferson. A Member must be
    permitted to refer to the existence of the Senate and its functions in a
    general and neutral way. For example, a Member may oppose a sine die
    adjournment resolution on the grounds that Congress should stay in
    session to complete action on specified legislation then pending in the
    Senate (V, 5115), or a Member may discuss the constitutional
    prerogatives of the Senate on a factual basis, but may not characterize
    Senate procedures with regard to a particular confirmation proceeding
    (Feb. 13, 2003, p. ----). It is appropriate to state whether or not the
    Senate has acted on House-passed legislation as long as criticism is
    neither stated nor implied (Oct. 4, 1984, p. 30047; Mar. 5, 2003, p. --
    --). If references to the Senate are appropriate, the Member delivering
    them is not required to use the term ``the other body,'' and the use of
    the term ``Senate'' is not a per se violation of the rule of comity
    (Oct. 4, 1984, p. 30047). Similarly, references to ``the other body''
    will not cure unparliamentary references directed to the Senate (Oct. 2,
    2002, p. ----). It is in order in debate, while discussing a question
    involving conference committee procedure, to state what actually
    occurred in a conference committee session, without referring to or
    criticizing a named Member of the Senate (July 29, 1935, p. 12011).
    Where a Member has been assailed in the Senate, he has been permitted to
    explain his own conduct and motives, without bringing the whole
    controversy into discussion or assailing the Senator (V, 5123-5126).
    Propositions relating to breaches of these principles have been
    entertained as of privilege (V, 5129, 6980).

    [[Page [190]]]

      Although the rule permits a factual statement about the Senate, it
    prohibits any characterization of Senate action or inaction (Apr. 29,
    1986, p. 8856; July 31, 1986, p. 18253; Aug. 4, 1987, p. 22288; Oct. 28,
    1993, p. 26538; Jan. 3, 1996, p. 61). For example, the rule prohibits:
    (1) characterization of the action of a Senate committee on a
    Presidential nominee (July 9, 1992, p. 18342), including advocating that
    it take a certain action with respect thereto (Feb. 7, 1984, p. 1979;
    Oct. 8, 1991, p. 25754; May 24, 1995, p. 14304; Oct. 30, 1997, p. ----;
    Feb. 12, 2003, p. ----); (2) any criticism of Senate action (V, 5114-
    5120; Dec. 10, 1980, p. 33205; Apr. 27, 1993, p. 8271), including a
    characterization of Senate action as a ``further injustice'' (Oct. 6,
    1999, p. ----), an allegation that ``the Senate has not passed
    legislation in a constructive way'' (Sept. 25, 2002, p. ----), an
    accusation that the Senate is governed by ``arcane budget rules'' (Oct.
    2, 2002, p. ----), or an inference that the Senate has failed to follow
    the law (Oct. 3, 2002, p. ----); (3) any praise of Senate action, such
    as characterizing Senate action as ``responsible'' or ``bipartisan''
    (Sept. 19, 2002, p. ----); (4) questions with respect to the courage or
    resolve of its Members to take an action (Aug. 4, 1989, p. 19315); (5)
    an accusation that the Senate majority leadership failed to schedule a
    bill (Oct. 5, 1998, p. ----) or that the Senate minority held a bill
    ``hostage'' (Oct. 5, 1999, p. ----); or (6) characterization of a Senate
    bill as ``hastily drafted'' (Nov. 1, 2001, p. ----). Furthermore, it is
    not in order in debate to specifically urge that the Senate take certain
    action, such as suggesting that the President urge Senate conferees to
    meet with House conferees on specific legislation (Aug. 2, 1984, p.
    22270), or urge Members of the House to ``lobby'' Senators on an issue
    (Apr. 4, 2000, p. ----; Dec. 5, 2001, p. ----; Oct. 3, 2002, p. ----).

      Neither <> House can exercise any authority over a Member or
    officer of the other, but should complain to the House of which he is,
    and leave the punishment to them.

      In a notable instance, wherein a Member of the House had assaulted a
    Senator in the Senate Chamber for words spoken in debate, the Senate
    examined the breach of privilege and transmitted its report to the
    House, which punished the Member (II, 1622). A Senator having assailed a
    House Member in debate, the House messaged to the Senate a resolution
    declaring the language a breach of privilege and requested the Senate to
    take appropriate action (Sept. 27, 1951, p. 12270). The Senator
    subsequently asked unanimous consent to correct his remarks in the
    permanent Congressional Record, but objection was raised (Sept. 28,
    1951, p. 12383). But where certain Members of the House, in a published
    letter, sought to influence the vote of a Senator in an impeachment
    trial, the House declined to consider the matter as a breach of
    privilege (III, 2657). While on one occasion it was held that a
    resolution offered in the House requesting the Senate

    [[Page [191]]]

    to expunge from the Record statements in criticism of a Member of the
    House did not constitute a question of privilege, being in violation of
    the rule prohibiting references to the Senate in debate (VIII, 2519), a
    properly drafted resolution referring to language published in the
    record on a designated page of Senate proceedings as constituting a
    breach of privilege and requesting the Senate to take appropriate action
    concerning the subject has been held to present a question of the
    privileges of the House (VIII, 2516).

      * * * <> Where the complaint is of words
    disrespectfully spoken by a Member of another House, it is difficult to
    obtain punishment, because of the rules supposed necessary to be
    observed (as to the immediate noting down of words) for the security of
    Members. Therefore it is the duty of the House, and more particularly of
    the Speaker, to interfere immediately, and not to permit expressions to
    go unnoticed which may give a ground of complaint to the other House,
    and introduce proceedings and mutual accusations between the two Houses,
    which can hardly be terminated without difficulty and disorder. 3 Hats.,
    51.

      In the House this rule of parliamentary law is considered as binding
    on the Chair (V, 5130; VIII, 2465), and it is the duty of the Speaker to
    call to order a Member who criticizes the actions of the Senate, its
    Members or committees in debate or through an insertion in the Record
    (Speaker Albert, Apr. 17, 1975, p. 10458; Oct. 7, 1975, p. 32055). The
    Chair has distinguished between engaging in personality toward another
    Member of the House, as to which the Chair normally awaits a point of
    order from the floor, and improper references to Members of the Senate,
    which violate comity between the Houses whether or not engaging in
    personality, as to which the Chair normally takes initiative (Feb. 27,
    1997, pp. 2778, 2779). The Chair may admonish Members to avoid
    unparliamentary references to the Senate even after intervening
    recognition (Oct. 12, 1999, p. ----). Pending consideration of a measure
    relating to the Senate, the Speaker announced his intention to strictly
    enforce this provision of Jefferson's Manual prohibiting improper
    references to the Senate, and to deny recognition to Members violating
    the prohibition, subject to permission of the

    [[Page [192]]]

    House to proceed in order (Speaker O'Neill, June 16, 1982, p. 13843).
    While the Chair should take the initiative to prevent improper
    references to the Senate in debate, the Chair will not respond to
    hypothetical questions as to the propriety of possible characterizations
    of Senate actions prior to their use in debate (Oct. 24, 1985, p.
    28819). For a further discussion of the Speaker's duties regarding
    unparliamentary debate, see Sec. Sec. 960-961, infra.

      No <> Member may be present when a bill or any business
    concerning himself is debating; nor is any Member to speak to the merits
    of it till he withdraws. 2 Hats., 219. The rule is that if a charge
    against a Member arise out of a report of a committee, or examination of
    witnesses in the House, as the Member knows from that to what points he
    is to direct his exculpation, he may be heard to those points before any
    question is moved or stated against him. He is then to be heard, and
    withdraw before any question is moved. But if the question itself is the
    charge, as for breach of order or matter arising in the debate, then the
    charge must be stated (that is, the question must be moved), himself
    heard, and then to withdraw. 2 Hats., 121, 122.

      In 1832, during proceedings for the censure of a Member, the Speaker
    informed the Member that he should retire (II, 1366); but this seems to
    be an exceptional instance of the enforcement of the law of Parliament.
    In other cases, after the proposition for censure or expulsion has been
    proposed, Members have been heard in debate, either as a matter of right
    (II, 1286), as a matter of course (II, 1246, 1253), by express provision
    (II, 1273), and in writing (II, 1273), or by unanimous consent (II,
    1275). A Member against whom a resolution of censure was pending was
    asked by the Speaker if he desired to be heard (VI, 236). But a Member
    was not permitted to depute another Member to speak in his behalf (II,
    1273). In modern practice the Member has been permitted to speak in his
    own behalf, both in censure (June 10, 1980, pp. 13802-11) and expulsion
    proceedings (Oct. 2, 1980, pp. 28953-78). A Member-elect has been
    permitted to participate in debate on a resolution relating to his right
    to take the oath (Jan. 10, 1967, p. 23).

    [[Page [193]]]

      Where <> the private interests of a Member are concerned in a bill or
    question he is to withdraw. And where such an interest has appeared, his
    voice has been disallowed, even after a division. In a case so contrary,
    not only to the laws of decency, but to the fundamental principle of the
    social compact, which denies to any man to be a judge in his own cause,
    it is for the honor of the House that this rule of immemorial observance
    should be strictly adhered to. 2 Hats., 119, 121; 6 Grey, 368.

      In the House it has not been usual for the Member to withdraw when his
    private interests are concerned in a pending measure, but the House has
    provided by clause 1 of rule III that the Member shall not vote in such
    a contingency. In one instance the Senate disallowed a vote given by a
    Senator on a question relating to his own right to a seat; but the House
    has never had occasion to proceed so far (V, 5959).

      No <> Member is to come
    into the House with his head covered, nor to remove from one place to
    another with his hat on, nor is to put on his hat in coming in or
    removing, until he be set down in his place. Scob., 6.

      In 1837 the parliamentary practice of wearing hats during the session
    was abolished by adoption of current clause 5 of rule XVII. See
    Sec. 962, infra.
    <>   A question of
    order may be adjourned to give time to look into precedents. 2 Hats.,
    118.

      The Speaker has declined, on a difficult question of order, to rule
    until he had taken time for examination (III, 2725; VI, 432; VII, 2106;
    VIII, 2174, 2396, 3475), and may take a parliamentary inquiry under
    advisement, especially where not related to the pending proceedings
    (VIII, 2174; Apr. 7, 1992, p. 8274), but it is conceivable that a case
    might arise wherein this privilege of the Chair would require approval
    of the majority of the House, to prevent arbitrary obstruction of the
    pending business by the

    [[Page [194]]]

    Chair. On occasion, the Chair has reversed as erroneous a decision
    previously made (VI, 639; VII, 849; VIII, 2794, 3435). The law of
    Parliament evidently contemplates that the adjournment of a question of
    order shall be controlled by the House.

    <>   In
    Parliament, all decisions of the Speaker may be controlled by the House.
    3 Grey, 319.

      The Speaker's decision on a decision of order is subject to appeal by
    any Member (clause 5 of rule I).

    [DOCID:hd284-50]
                         sec. xviii--orders of the house

      Of <> right, the
    door of the House ought not to be shut, but to be kept by porters, or
    Sergeants-at-Arms, assigned for that purpose. Mod ten. Parl., 23.
      The <> only case where a Member has a right to insist on
    anything, is where he calls for the execution of a subsisting order of
    the House. Here there having been already a resolution, any person has a
    right to insist that the Speaker, or any other whose duty it is, shall
    carry it into execution; and no debate or delay can be had on it.

      As a request for unanimous consent to consider a bill is in effect a
    request to suspend the order of business temporarily, a Member has the
    right at any time to demand the ``regular order'' (IV, 3058). Where the
    regular order is demanded pending a request for unanimous consent,
    further reservation of the right to object thereto is precluded (Speaker
    Foley, Nov. 14, 1991, p. 32128). Occasionally a Member may incorrectly
    demand the ``regular order'' to assert that remarks are not confined to
    the question under debate. On such an occasion the Chair may treat the
    demand as a point of order requiring a ruling by the Chair (May 1, 1996,
    pp. 9888, 9889).

    <> Thus
    any Member has a right to have the House or gallery cleared of
    strangers, an order existing for that

    [[Page [195]]]

    purpose; or to have the House told when there is not a quorum present. 2
    Hats., 87, 129. How far an order of the House is binding, see Hakew.,
    392.

      Absent an existing order for that purpose, a Member may not demand
    that the galleries be cleared, as this power resides in the House (II,
    1353), which has by rule extended the power to the Speaker (clause 2 of
    rule I) and the Chairman of the Committee of the Whole (clause 1 of rule
    XVIII), but not to the individual Member.

      But <> where an order is made that any particular matter be taken
    up on a particular day, there a question is to be put, when it is called
    for, whether the House will now proceed to that matter? Where orders of
    the day are on important or interesting matter, they ought not to be
    proceeded on till an hour at which the House is usually full [which in
    Senate is at noon].

      The rule of the House providing for raising the question of
    consideration (clause 3 of rule XVI) has, in connection with the
    practice as to special orders of business, superseded this provision of
    the parliamentary law. The House always proceeds with business at its
    hour of meeting, unless prevented by a point that no quorum is present
    (IV, 2732).

      Orders <> of the day
    may be discharged at any time, and a new one made for a different day, 3
    Grey, 48, 313.

      The House found the use of ``Orders of the day'' as a method of
    disposing business impracticable as long ago as 1818, and not long after
    abandoned their use (IV, 3057), although an interesting reference to
    them survives in clause 1 of rule XIV. The House proceeds under rule XIV
    unless that order is displaced by the use of special orders of business
    or the intervention of privileged business.

      When <> a session
    is drawing to a close and the important bills are all brought in, the
    House, in order to prevent interruption by further unimportant bills,
    some

    [[Page [196]]]

    times comes to a resolution that no new bill be brought in, except it be
    sent from the other House. 3 Grey, 156.

      This provision is obsolete so far as the practice of the House is
    concerned, as business goes on uninterruptedly until the Congress
    expires (clause 6 of rule XI).

      All <> orders of the House determine with the
    session; and one taken under such an order may, after the session is
    ended, be discharged on a habeas corpus. Raym., 120; Jacob's L. D. by
    Ruffhead; Parliament, 1 Lev., 165, Pitchara's case.

      The House, by clause 6 of rule XI and the practice thereunder, has
    modified the rule of Parliament as to business pending at the end of a
    session which is not at the same time the end of a Congress. A standing
    order, like that providing for the hour of daily meeting of the House,
    expires with a session (I, 104-109). The House uses few standing orders.
    However, in the first session of the 104th Congress, the House continued
    a standing order regarding special-order and morning-hour speeches for
    the remainder of the entire Congress (May 12, 1995, p. 12765). In 1866
    the House discussed its power to imprison for a period longer than the
    duration of the existing session (II, 1629), and in 1870, for assaulting
    a Member returning to the House from absence on leave. Patrick Woods was
    committed for a term extending beyond the adjournment of the session,
    but not beyond the term of the existing House (II, 1628).

      Where <> the Constitution authorizes each House to
    determine the rules of its proceedings it must mean in those cases
    (legislative, executive, or judiciary) submitted to them by the
    Constitution, or in something relating to these, and necessary toward
    their execution. But orders and resolutions are sometimes entered in the
    journals having no relation to these, such as acceptances of invitations
    to attend orations, to take part in procession, etc. These must be
    understood to be merely

    [[Page [197]]]

    conventional among those who are willing to participate in the ceremony,
    and are therefore, perhaps, improperly placed among the records of the
    House.

      The <> House has frequently examined its constitutional power to make
    rules, and this power has also been discussed by the Supreme Court (V,
    6755). It has been settled that Congress may not by law interfere with
    the constitutional right of a future House to make its own rules (I, 82;
    V, 6765, 6766), or to determine for itself the order of proceedings in
    effecting its organization (I, 242-245; V, 6765, 6766). It has also been
    determined, after long discussion and trial by practice, that one House
    may not continue its rules in force to and over its successor (I, 187,
    210; V, 6002, 6743-6747; Jan. 22, 1971, p. 132). Congress may bind
    itself in matters of procedure (II, 1341; V, 6767, 6768), but its
    ability to so bind a succeeding Congress has been called into doubt (V,
    6766). In one case the Chair denied the authority of such a law that
    conflicted with a rule of the House (IV, 3579). The theories involved in
    this question have been most carefully examined and decisively
    determined in reference to the law of 1851, which directs the method of
    procedure for the House in its constitutional function of judging the
    elections of its Members; and it has been determined that this law is
    not of absolute binding force on the House, but rather a wholesome rule
    not to be departed from except for cause (I, 597, 713, 726, 833; II,
    1122). In modern practice, existing statutory procedures, including
    provisions of concurrent resolutions, are readopted as Rules of the
    House at the beginning of each Congress (see, e.g., H. Res. 6, Jan. 4,
    1995, p. 462). This practice was codified in clause 1 of rule XXVIII
    when the House recodified its rules in the 106th Congress (H. Res. 5,
    Jan. 6, 1999, p. ----, see Sec. 1013, infra). Where the House amended a
    standing rule of general applicability during a session and the amended
    rule did not require prospective application, the rule was interpreted
    to apply retroactively (Sept. 28, 1993, p. 22719).
      As to the participation on occasions of ceremony, the House has
    entered its orders on its journal; but it rarely attends outside the
    Capitol building as a body, usually preferring that its Members go
    individually (V, 7061-7064) or that it be represented by a committee (V,
    7053-7056). It has discussed, but not settled, its power to compel a
    Member to accompany it without the Hall on an occasion of combined
    business and ceremony (II, 1139). But the House remains in session for
    the inauguration of the President on the portico of the Capitol (Jan.
    20, 1969, pp. 1288-92) and the mace is carried to the ceremony.

    [[Page [198]]]

    [DOCID:hd284-51]
                               sec. xix--petition

    <>   A
    petition prays something. A remonstrance has no prayer. 1 Grey, 58.

      The Rules of the House make no mention of remonstrances, but do
    mention petitions and memorials (clause 3 of rule XII). Resolutions of
    State legislatures and of primary assemblies of the people are received
    as memorials (IV, 3326, 3327), but papers general or descriptive in form
    may not be presented as memorials (IV, 3325).

      Petitions <> must be subscribed by the petitioners Scob., 87; L. Parl.,
    c. 22; 9 Grey, 362, unless they are attending, 1 Grey, 401 or unable to
    sign, and averred by a member, 3 Grey, 418. But a petition not
    subscribed, but which the member presenting it affirmed to be all in the
    handwriting of the petitioner, and his name written in the beginning,
    was on the question (March 14, 1800) received by the Senate. The
    averment of a member, or of somebody without doors, that they know the
    handwriting of the petitioners, is necessary, if it be questioned. 6
    Grey, 36. It must be presented by a member, not by the petitioners, and
    must be opened by him holding it in his hand. 10 Grey, 57.

      In the House petitions have been presented for many years by filing
    with the Clerk (clause 3 of rule XII). Members file them, and
    petitioners do not attend on the House in the sense implied in the
    parliamentary law. In cases where a petition set forth serious changes,
    the petitioner was required to have his signature attested by a notary
    (III, 2030, footnote).

      Regularly <> a motion for receiving it must be made and seconded, and a
    question put, whether it shall be received, but a cry from the House of
    ``re

    [[Page [199]]]

    ceived,'' or even silence, dispenses with the formality of this
    question. It is then to be read at the table and disposed of.

      Prior to the adoption of the provisions of clause 3 of rule XII,
    petitions were presented from the floor by Members, and questions
    frequently arose as to the reception thereof (IV, 3350-3356). But under
    the present practice such procedure does not occur.

    [DOCID:hd284-52]
                                 sec. xx--motion

       <> When a motion has been made, it is not to be put
    to the question or debated until it is seconded. Scob., 21.
      It is then, and not till then, in possession of the House, and can not
    be withdrawn but by leave of the House. It is to be put into writing, if
    the House or Speaker require it, and must be read to the House by the
    Speaker as often as any Member desires it for his information. 2 Hats.,
    82.

      The House has long since dispensed with the requirement of a second
    for ordinary motions (clause 1 of rule XVI; V, 5304); and the
    requirement of a second for a motion to suspend the rules was eliminated
    in the 102d Congress (H. Res. 5, Jan. 3, 1991, p. 39). Clause 2 of rule
    XVI provides further that a motion may be withdrawn before decision or
    amendment; and clause 1 of the same rule provides that the motion shall
    be reduced to writing on the demand of any Member. In the practice of
    the House, when a paper on which the House is to vote has been read
    once, the reading may not be required again unless the House shall order
    it read (V, 5260).

      It <> might be asked whether a motion for adjournment or for the
    orders of the day can be made by one Member while another is speaking?
    It can not. When two Members offer to speak, he who rose first is to be
    heard, and it is a breach of order in another to interrupt him, unless
    by call

    [[Page [200]]]

    ing him to order if he departs from it. And the question of order being
    decided, he is still to be heard through. A call for adjournment, or for
    the order of the day, or for the question, by gentlemen from their
    seats, is <> not a motion. No motion can be
    made without rising and addressing the Chair. Such calls are themselves
    breaches of order, which, though the Member who has risen may respect,
    as an expression of impatience of the House against further debate, yet,
    if he chooses, he has a right to go on.

      The practice of the House has modified the principle that the Member
    who rises first is to be recognized (clause 2 of rule XVII); but in
    other respects the principles of this paragraph of the law of Parliament
    are in force.

    [DOCID:hd284-53]
                              sec. xxi--resolutions

      When <> the
    House commands, it is by an ``order.'' But fact, principles, and their
    own opinions and purposes, are expressed in the form of resolutions.
      A resolution for an allowance of money to the clerks being moved, it
    was objected to as not in order, and so ruled by the Chair; but on
    appeal to the Senate (i.e., a call for their sense by the President, on
    account of doubt in his mind, according to [clause 5 of rule XXII]) the
    decision was overruled. Jour., Senate, June 1, 1796. I presume the doubt
    was, whether an allowance of money could be made otherwise than by bill.

    [[Page [201]]]

      Mr. Jefferson's <> citation in section XXI has been conformed to current Rules of
    the House. In the modern practice concurrent resolutions have been
    developed as a means of expressing fact, principles, opinions, and
    purposes of the two Houses (II, 1566, 1567). Joint committees are
    authorized by resolutions of this form (III, 1998,  1999), and they are
    used in authorizing correction of bills agreed to by both Houses (VII,
    1042), amendment of enrolled bills (VII, 1041), amendment of conference
    reports (VIII, 3308), requests for return of bills sent to the President
    (VII, 1090, 1091), authorizing the printing of certain enrolled bills by
    hand in the remaining days of a session (H. Con. Res. 436, Dec. 20,
    1982, p. 32875), providing for joint session to receive message from the
    President (VIII, 3335, 3336), authorizing the printing of congressional
    documents (H. Con. Res. 66, July 1, 1969, p. 17948); paying a birthday
    tribute to former President Truman (H. Con. Res. 216, Apr. 24, 1969, p.
    10213); calling for the humane treatment of prisoners of war in Vietnam
    (H. Con. Res. 454, Dec. 15, 1969, p. 39037), and fixing time for final
    adjournment (VIII, 3365). The Congressional Budget Act of 1974 (P.L. 93-
    344) provides for the adoption by both Houses of concurrent resolutions
    on the budget which become binding on both Houses with respect to
    congressional budget procedures (see Sec. 1127, infra). A concurrent
    resolution is binding on neither House until agreed to by both (IV,
    3379), and, since not legislative in nature, is not sent to the
    President for approval (IV, 3483). A concurrent resolution is not a bill
    or joint resolution within the meaning of clause 5 of rule XXI
    (requiring a three-fifths vote for approval of such a measure if
    carrying an increase in a rate of tax on income) (Speaker Gingrich, May
    18, 1995, p. 13499). In the 106th Congress the Senate neglected to adopt
    a House concurrent resolution vacating signatures of the Presiding
    Officers on an enrolled bill and laying that bill on the table as
    obsolete (H. Con. Res. 234, Nov. 18, 1999, p. ----). The Congress
    subsequently enacted section 1401 of the Miscellaneous Appropriations
    Act of 2001, which adopted that concurrent resolution (as enacted by
    P.L. 106-554).
      Another <> development of the
    modern practice is the joint resolution, which is a bill so far as the
    processes of the Congress in relation to it are concerned (IV, 3375;
    VII, 1036). With the exception of joint resolutions proposing amendments
    to the Constitution (V, 7029), all these resolutions are sent to the
    President for approval and have the full force of law. They are used for
    what may be called the incidental, unusual, or inferior purposes of
    legislating (IV, 3372), as extending the national thanks to individuals
    (IV, 3370), the invitation to Lafayette to visit America (V, 7082,
    footnote), the welcome to Kossuth (V, 7083), notice to a foreign
    government of the abrogation of a treaty (V, 6270), declaration of
    intervention in Cuba (V, 6321), correction of an error in an existing
    act of legislation (IV, 3519; VII, 1092), enlargement of scope of
    inquiries provided by law (VII, 1040), election of managers for National
    Soldiers' Homes (V, 7336), special appropriations for minor

    [[Page [202]]]

    and incidental purposes (V, 7319), continuing appropriations (H.J. Res.
    790, P.L. 91-33, p. 17015); establishing the date for convening of
    Congress (H.J. Res. 1041, P.L. 91-182, p. 40982); extending the
    submission date under law for transmittal of the Budget and Economic
    Report to Congress by the President (H.J. Res. 635, P.L. 97-469, p.
    32936); and extending the termination date for a law (H.J. Res. 864,
    P.L. 91-59, p. 22546). At one time they were used for purposes of
    general legislation; but the two Houses finally concluded that a bill
    was the proper instrumentality for this purpose (IV, 3370-3373). A joint
    resolution has been changed to a bill by amendment (IV, 3374), but in
    the later practice it has become impracticable to do so.
      Where a choice between a concurrent resolution and a joint resolution
    is not dictated by law, the House by its votes on consideration of a
    measure decides which is the appropriate vehicle (and a point of order
    does not lie that a concurrent rather than a joint resolution would be
    more appropriate to express the sense of the Congress on an issue) (Mar.
    16, 1983, p. 5669).
    * * * * *

    [DOCID:hd284-54]
                      sec. xxiii--bills, leave to bring in

      When <> a Member desires to bring in a bill on any subject, he states
    to the House in general terms the causes for doing it, and concludes by
    moving for leave to bring in a bill, entitled, &c. Leave being given, on
    the question, a committee is appointed to prepare and bring in the bill.
    The mover and seconder are always appointed of this committee, and one
    or more in addition. Hakew., 132; Scob., 40. It is to be presented
    fairly written, without any erasure or interlineation, or the Speaker
    may refuse it. Scob., 41; 1 Grey, 82, 84.

      This provision is obsolete, rule XII providing an entirely different
    method of introducing bills through the hopper. The introduction of
    bills by leave was gradually dropped by the practice of the House, and
    after 1850 the present free system of permitting Members to introduce at
    will bills for printing and reference began to develop (IV, 3365).

    [[Page [203]]]

    [DOCID:hd284-55]
                         sec. xxiv--bills, first reading

      When <> a bill is first presented, the Clerk reads it at the table, and
    hands it to the Speaker, who, rising, states to the House the title of
    the bill; that this is the first time of reading it; and the question
    will be, whether it shall be read a second time? then sitting down to
    give an opening for objections. If none be made, he rises again, and
    puts the question, whether it shall be read a second time? Hakew., 137,
    141. A bill cannot be amended on the first reading, 6 Grey, 286; nor is
    it usual for it to be opposed then, but it may be done, and rejected.
    D'Ewes, 335, col. 1; 3 Hats., 198.

      This provision is obsolete, the practice under clause 8 of rule XVI
    now governing the procedure of the House.

    [DOCID:hd284-56]
                         sec. xxv--bills, second reading

      The <> second reading must regularly be on another day. Hakew., 143.
    It is done by the Clerk at the table, who then hands it to the Speaker.
    The Speaker, rising, states to the House the title of the bill; that
    this is the second time of reading it; and that the question will be,
    whether it shall be committed, or engrossed and read a third time? But
    if the bill came from the other House, as it always comes engrossed, he
    states that the question will be, whether it shall be read a third time?
    and before he has so reported the state of the bill, no one is to speak
    to it. Hakew., 143, 146.

    [[Page [204]]]

      In the Senate of the United States, the President reports the title of
    the bill; that this is the second time of reading it; that it is now to
    be considered as in a Committee of the Whole; and the question will be,
    whether it shall be read a third time? or that it may be referred to a
    special committee?

      The provisions of this paragraph are to a large extent obsolete, the
    practice under clause 8 of rule XVI now governing.

    [DOCID:hd284-57]
                          sec. xxvi--bills, commitment

      If <> on motion and question it be decided
    that the bill shall be committed, it may then be moved to be referred to
    Committee of the Whole House, or to a special committee. If the latter,
    the Speaker proceeds to name the committee. Any member also may name a
    single person, and Clerk is to write him down as of the committee. But
    the House have a controlling power over the names and number, if a
    question be moved against any one; and may in any case put in and put
    out whom they please.

      This paragraph is to a large extent obsolete. Bills are referred in
    the first instance by the Speaker to standing committees as prescribed
    by the rules (rule XII), and references of reported bills to the proper
    calendar of the House are also made under direction of the Speaker
    (clause 2 of rule XIII). Reference of a matter under consideration is
    made by a motion to refer which specifies the committee and may provide
    for a select committee of a specified number of persons (IV, 4402). But
    such committee is appointed only by the Speaker (clause 11 of rule I).
      Clause 2 of rule XIX provides that the Speaker may entertain a motion
    to commit to a standing or select committee with or without instructions
    pending or following the ordering of the previous question.

    [[Page [205]]]

      Those <> who take exceptions to some particulars in the bill are to
    be of the committee, but none who speak directly against the body of the
    bill; for he that would totally destroy will not amend it, Hakew., 146;
    Town., col., 208; D'Ewes, 634, col. 2; Scob., 47; or as is said, 5 Grey,
    145, the child is not to be put to a nurse that cares not for it, 6
    Grey, 373. It is therefore a constant rule ``that no man is to be
    employed in any matter who has declared himself against it.'' And when
    any member who is against the bill hears himself named of its committee
    he ought to ask to be excused. Thus, March 7, 1806, Mr. Hadley was, on
    the question being put, excused from being of a committee, declaring
    himself to be against the matter itself. Scob., 46.

      This provision is entirely inapplicable in the House, where the
    standing committees with majority and minority representation (IV, 4467,
    4477, footnote, 4478) consider most of the bills. And in the infrequent
    occasions when a select committee is appointed the minority party is
    always represented in the membership.

      The <> Clerk may
    deliver the bill to any member of the committee, Town, col. 138; but it
    is usual to deliver it to him who is first named.

      Following introduction, reference, and numbering, bills are sent to
    the Government Printing Office for printing. Printed copies of all bills
    are distributed in accordance with law (44 U.S.C. 706) and copies are
    made available to the committee to which referred.

    [[Page [206]]]

      In <> some cases the House has ordered a
    committee to withdraw immediately into the committee chamber and act on
    and bring back the bill, sitting the House. Scob., 48. * * *

      This procedure is rarely followed in the House, since the order of
    business does not provide for such a motion unless it is offered by
    unanimous consent.
      When <> a bill is under consideration, however, the House may on
    motion commit it with instructions to report forthwith with certain
    specified amendment (V, 5548, 5549), in which case the chairman of the
    committee reports at once without awaiting action of the committee (V,
    5545-5547; VIII, 2730, 2732) and the bill is in order for immediate
    consideration (V, 5550; VIII, 2735).
      The <> motion to discharge
    a committee from the consideration of an ordinary legislative
    proposition is not privileged under the rules (IV, 3533, 4693; VIII,
    2316), but where a matter involves a question of privilege (III, 2585,
    2709; VIII, 2316), or is privileged under the rule relating to
    resolutions of inquiry (clause 7 of rule XIII; III, 1871; IV, 4695) or
    is provided privilege under statutes enacted under the rulemaking power
    of the House (see Sec. 1130, infra), the motion to discharge is
    admitted. The motion is not debatable (III, 1868; IV, 4695), except as
    follows: (1) under statutory procedures; (2) under clause 2 of rule XV;
    and (3) under modern practice of the House, a motion to discharge a
    vetoed bill (Mar. 7, 1990, p. 3620; Sept. 19, 1996, p. 23815). The
    motion may be laid on the table (V, 5407; VI, 415), but the question of
    consideration may not be demanded against it (V, 4977).

      * * * <> A
    committee meet when and where they please, if the House has not ordered
    time and place for them, 6 Grey, 370; but they can only act when
    together, and not by separate consultation and consent--nothing being
    the report of the committee but what has been agreed to in committee
    actually assembled.

      For discussion of committee procedure generally, see Sec. 791, infra.
    In the House the standing committees usually meet in their committee
    rooms, but there is no rule requiring them to meet there, and in the
    absence

    [[Page [207]]]

    of direction by the House, committees designate the time and place of
    their meetings (VIII, 2214).
      Standing committees fix regular weekly, biweekly, or monthly meeting
    days for the transaction of business (not less infrequently than
    monthly, under clause 2(b) of rule XI), and additional meetings may be
    called by the chairman as he may deem necessary or by a majority of the
    committee in certain circumstances (clause 2(c) of rule XI). Where a
    committee has a fixed date of meeting, a quorum of the committee may
    convene on such date without call of the Chairman and transact business
    regardless of his absence (VIII, 2214). A committee meeting being
    adjourned by the chairman for lack of a quorum, a majority of the
    members of the committee may not, without the consent of the chairman,
    call a meeting of the committee on the same day (VIII, 2213).
      The <> House
    has adhered to the principle that a report must be authorized by a
    committee acting together, and a paper signed by a majority of the
    committee acting separately has been ruled out (IV, 4584; VIII, 2210-
    2212, 2220; see also clause 2(h) of rule XI). For each record vote in
    committee on amending or reporting a public measure or matter, the
    report to the House must disclose the total number of votes cast for and
    against and the names of those voting for and against (clause 3 of rule
    XIII). It is the duty of the chairman of each committee to report or
    cause to be reported promptly any measure approved by his committee and
    to take or cause to be taken necessary steps to bring the matter to a
    vote (clause 2 of rule XIII); and a report must be filed within seven
    days following the submission of a written request, signed by a majority
    of the committee members, directing such filing (clause 2 of rule XIII).
    A motion in committee directing its Chairman to use all parliamentary
    means to bring a bill before the House was held to include the right to
    call up the bill on Calendar Wednesday (VII, 2217). Clause 2 of rule
    XIII, requiring the chairman of each committee to report or cause to be
    reported promptly measures approved by his committee and to take such
    necessary steps to bring the matter to a vote, is sufficient authority
    for the chairman to call up a bill on Calendar Wednesday (Speaker
    Rayburn, Feb. 22, 1950, p. 2161). No measure or recommendation shall be
    reported from any committee unless a majority of the committee were
    actually present (clause 2(h) of rule XI). A report is sometimes
    authorized by less than a majority of the whole committee, some members
    being silent or absent (II, 985, 986). In a rare instance a majority of
    a committee agreed to a report, but disagreed on the facts necessary to
    sustain the report (I, 819). In the situation where a committee finds
    itself unable to agree to a positive recommendation, being equally
    divided, it may report the fact to the House (I, 347; IV, 4665, 4666)
    and may include evidence, majority and minority views (III, 2403),
    minority views alone (II, 945), or propositions representing the
    opposing contentions (III, 2497; IV, 4664). It is not essential that the
    report of a committee be signed (II, 1274; VIII, 2229), but the minority
    or other separate views are signed

    [[Page [208]]]

    by those concurring in them (IV, 4671; VIII, 2229). In a case where a
    majority of a committee signed a report it was held valid, although a
    necessary one of that majority did not concur in all the statements (IV,
    4587). If a report is actually sustained by the majority of a committee,
    it is not impeached by the fact that a lesser number sign it (II, 1091),
    or by the fact that later by the action of absentees more than a
    majority of the whole committee are found to have signed minority views
    (IV, 4585). Objection being made that a report had not been authorized
    by a committee and there being doubt as to the validity of the
    authorization, the question as to the reception of the report is
    submitted to the House (IV, 4588-4591). But where the Speaker is
    satisfied of the validity or of the invalidity of the authorization he
    may decide the question (IV, 4584, 4592, 4593; VIII, 2211, 2212, 2222-
    2224). And in a case wherein it was shown that a majority of a committee
    had met and authorized a report he did not heed the fact that the
    meeting was not regularly called (IV, 4594). A bill improperly reported
    is not entitled to its place on the calendar (IV, 3117); but the
    validity of a report may not be questioned after the House has voted to
    consider it (IV, 4598), or after actual consideration has begun (IV,
    4599; VIII, 2223, 2225). Where a question was raised regarding a
    Chairman's alteration of a committee amendment, the Speaker indicated
    that the proper time to raise a point of order was when the unprivileged
    report was called up for consideration (or when before the Committee on
    Rules for a special order of business) and not when filed in the hopper
    (May 16, 1989, p. 9356). A resolution including an allegation that the
    chairman deliberately and improperly refused to recognize a legitimate
    and timely objection by a member of the committee to dispense with the
    reading of an amendment and resolving that the House disapproves of the
    manner in which the chairman conducted the markup and finding that the
    bill considered at that markup was not validly ordered reported was held
    to constitute a question of the privileges of the House (July 18, 2003,
    p. ----; July 23, 2003, p. ----).

    <>   A
    majority of the committee constitutes a quorum for business. Elsynge's
    Method of Passing Bills, 11.

      Each committee may fix the number of its members, but not less than
    two, to constitute a quorum for taking testimony and receiving evidence;
    and except for the Committees on Appropriations, the Budget, and Ways
    and Means, a committee may fix the number of members to constitute a
    quorum, which shall be not less than one-third of its members, for
    taking certain other actions (clause 2(h) of rule XI). However, no
    measure or recommendations shall be reported from any committee or
    subcommittee unless a majority of the committee is actually present
    (clause 2(h) of rule XI); nor shall a committee or subcommittee vote
    without a majority present

    [[Page [209]]]

    to authorize a subpoena under clause 2(m) of rule XI or to close a
    meeting or hearing under clauses 2(a) and 2(g) of rule XI (except as
    provided under clause 2(g)(2)(A) with respect to certain hearing
    procedures).
      A quorum of a committee may transact business and a majority of the
    quorum, even though it be a minority of the whole committee, may
    authorize a report (IV, 4586), but an actual quorum of a committee must
    be present to make action taken valid (VIII, 2212, 2222), unless the
    House authorizes less than a quorum to act (IV, 4553, 4554). A quorum of
    a committee must be present when alleged perjurious testimony is given
    in order to support a charge of perjury (Christoffel v. United States,
    388 U.S. 84 (1949)). The absence of a quorum of a committee at the time
    a witness willfully fails to produce subpoenaed documents is not a valid
    defense in a prosecution for contempt where the witness failed to raise
    that objection before the committee (United States v. Bryan, 339 U.S.
    323 (1950); United States v. Fleischman, 339 U.S. 349 (1950)).

      Any <> Member of the House may be present at any select committee,
    but cannot vote, and must give place to all of the committee, and sit
    below them. Elsynge, 12; Scob., 49.

      This phrase must be read in conjunction with the power of a committee
    of the House to conduct proceedings in executive session (see clause
    2(g) of rule XI). Thus, a committee may close its doors in executive
    session meetings to persons not invited or required, including Members
    of the House who are not members of the committee (III, 1694; IV, 4558-
    4565; see discussion at IV, 4540). In the 95th Congress, clause 2(g)(2)
    of rule XI was amended to prohibit the exclusion of noncommittee members
    from nonparticipatory attendance in any closed hearing, except in the
    Committee on Standards of Official Conduct, unless the House by majority
    vote authorizes a committee or subcommittee to close its hearings to
    noncommittee members (H. Res. 5, 95th Cong., Jan. 4, 1977, pp. 53-70).

      The <> committee have full power over the bill or other paper committed
    to them, except that they cannot change the title or subject. 8 Grey,
    228.

      In the House committees may recommend amendments to the body of a bill
    or to the title but may not otherwise change the text.

    [[Page [210]]]

      The <> paper before a committee, whether select
    or of the whole, may be a bill, resolutions, draught of an address, &c.,
    and it may either originate with them or be referred to them. In every
    case the whole paper is read first by the Clerk, and then by the
    chairman, by paragraphs, Scob., 49, pausing at the end of each
    paragraph, and putting questions for amending, if proposed. In the case
    of resolutions or distinct subjects, originating with themselves, a
    question is put on each separately, as amended or unamended, and no
    final question on the whole, 3 Hats., 276; but if they relate to the
    same subject, a question is put on the whole. If it be a bill, draught
    of an address, or other paper originating with them, they proceed by
    paragraphs, putting questions for amending, either by insertion or
    striking out, if proposed; but no question on agreeing to the paragraphs
    separately; this is reserved to the close, when a question is put on the
    whole, for agreeing to it as amended or unamended. But if it be a paper
    referred to them, they proceed to put questions of amendment, if
    proposed, but no final question on the whole; because all parts of the
    paper, having been adopted by the House, stand, of course, unless
    altered or struck out by a vote. Even if they are opposed to the whole
    paper, and think it cannot be made good by amendments, they cannot
    reject it, but must report it back to the House without amendments, and
    there make their opposition.

    [[Page [211]]]

      In the House it has generally been held that a select or standing
    committee may not report a bill unless the subject matter has been
    referred to it (IV, 4355-4360), except that under the modern practice
    reports filed from the floor as privileged pursuant to clause 5 of rule
    XIII have been permitted on bills and resolutions originating in certain
    committees and not formally referred thereto. Pursuant to this paragraph
    some committees have originated drafts of bills for consideration and
    amendment prior to the introduction and referral of a numbered bill to
    committee(s). In the older practice the Committee of the Whole
    originated resolutions and bills (IV, 4705); but the later development
    of the rules governing the order of business would prevent the offering
    of a motion to go into Committee of the Whole for such a purpose, except
    by unanimous consent.

      The <> natural
    order in considering and amending any paper is, to begin at the
    beginning, and proceed through it by paragraphs; and this order is so
    strictly adhered to in Parliament, that when a latter part has been
    amended, you cannot recur back and make an alteration in a former part.
    2 Hats., 90. In numerous assemblies this restraint is doubtless
    important. But in the Senate of the United States, though in the main we
    consider and amend the paragraphs in their natural order, yet
    recurrences are indulged; and they seem, on the whole, in that small
    body, to produce advantages overweighing their inconveniences.

      In the House, amendments to House bills are made before the previous
    question is ordered, pending the engrossment and third reading (IV,
    3392; V, 5781; VII, 1051), and to Senate bills before the third reading
    (IV, 3393). Amendments may be offered to any part of the bill without
    proceeding consecutively section by section or paragraph by paragraph
    (IV, 3392). In Committee of the Whole, bills are read section by section
    or paragraph by paragraph and after a section or paragraph has been
    passed it is no longer subject to amendment (clause 5 of rule XVIII;
    Sec. 980, infra; July 12, 1961, p. 12405).

    [[Page [212]]]

      To <> this natural order of beginning at the
    beginning there is a single exception found in parliamentary usage. When
    a bill is taken up in committee, or on its second reading, they postpone
    the preamble till the other parts of the bill are gone through. The
    reason is, that on consideration of the body of the bill such
    alterations may therein be made as may also occasion the alteration of
    the preamble. Scob., 50; 7 Grey, 431.
      On this head the following case occurred in the Senate, March 6, 1800:
    A resolution which had no preamble having been already amended by the
    House so that a few words only of the original remained in it, a motion
    was made to prefix a preamble, which having an aspect very different
    from the resolution, the mover intimated that he should afterwards
    propose a correspondent amendment in the body of the resolution. It was
    objected that a preamble could not be taken up till the body of the
    resolution is done with; but the preamble was received, because we are
    in fact through the body of the resolution; we have amended that as far
    as amendments have been offered, and, indeed, till little of the
    original is left. It is the proper time, therefore, to consider a
    preamble; and whether the one offered be consistent with the resolution
    is for the House to determine. The mover, indeed, has intimated that he
    shall offer a subsequent proposition for the body of the resolution; but
    the House is not in possession of it; it re

    [[Page [213]]]

    mains in his breast, and may be withheld. The Rules of the House can
    only operate on what is before them. The practice of the Senate, too,
    allows recurrences backward and forward for the purpose of amendment,
    not permitting amendments in a subsequent to preclude those in a prior
    part, or e converso.

      In the practice of the House the preamble of a joint resolution is
    amended after the engrossment and before the third reading (IV, 3414; V,
    5469, 5470; VII, 1064), but the preamble of the joint resolution is not
    voted on separately in the later practice even if amended, since the
    question on passage covers the preamble as well as the resolving clause
    (Oct. 29, 1975, p. 34283). After an amendment to the preamble has been
    considered it is too late to propose amendments to the text of the bill
    (VII, 1065). In Committee of the Whole, amendments to the preamble of a
    joint resolution are considered following disposition of any amendments
    to the resolving clause (Mar. 9, 1967, pp. 6032-34; Mar. 22, 1967, pp.
    7679-83; May 25, 1993, p. 11036). On the passage of a joint resolution a
    separate vote may not be demanded on the preamble (V, 6147, 6148); but
    where a simple resolution of the House has a preamble, the preamble may
    be laid on the table without affecting the status of the accompanying
    resolution (V, 5430). Amendments to the preamble of a concurrent or
    simple resolution are considered in the House following the adoption of
    the resolution (Dec. 4, 1973, p. 39337; June 8, 1970, pp. 18668-71). The
    House considers an amendment reported from the Committee of the Whole to
    the preamble of a Senate joint resolution following disposition of
    amendment to the text and pending third reading (May 25, 1993, p.
    11036).

      When <> the committee is through the whole, a Member moves that the
    committee may rise, and the chairman report the paper to the House, with
    or without amendments, as the case may be. 2 Hats., 289, 292; Scob., 53;
    2 Hats., 290; 8 Scob., 50.

      Clause 2 of rule XIII provides that it shall be the duty of the
    chairman of each committee to report or cause to be reported promptly
    any measure approved by his committee and to take or cause to be taken
    necessary steps to bring the matter to a vote; and in any event, the
    report of a committee must be filed within seven calendar days
    (exclusive of days when

    [[Page [214]]]

    the House is not in session) after a majority of the committee has
    invoked the procedures of clause 2 of rule XIII. In the House a
    committee may order its report to be made by the chairman (IV, 4669), or
    by any other member of the committee (IV, 4526), even though he be a
    member of the minority party (IV, 4672, 4673; VIII, 2314). A committee
    report may be filed by a Delegate (July 1, 1958, p. 12870). Only the
    chairman makes a report for the Committee of the Whole (V, 6987).

      When <> a vote is once passed in a committee it cannot be altered
    but by the House, their votes being binding on themselves. 1607, June 4.

      This provision of the parliamentary law has been held to prevent the
    use of the motion to reconsider in Committee of the Whole (IV, 4716-
    4718; VIII, 2324, 2325) but it is in order in the House as in the
    Committee of the Whole (VIII, 2793). The early practice seems to have
    inclined against the use of the motion in a standing or select committee
    (IV, 4570, 4596), but there is a precedent which authorized the use of
    the motion (IV, 4570, 4596), and on June 1, 1922, the Committee on Rules
    rescinded previous action taken by the committee authorizing a report.
    In the later practice the motion to reconsider is in order in committee
    so long as the measure remains in possession of the committee and the
    motion is not prevented by subsequent actions of the committee on the
    measure, and may be entered on the same day as action to be reconsidered
    or on the next day on which the committee convenes with a quorum present
    to consider the same class of business (VIII, 2213), but a session
    adjourned without having secured a quorum is a dies non and not to be
    counted in determining the admissibility of a motion to reconsider
    (VIII, 2213). This provision does not prevent a committee from reporting
    a bill similar to one previously reported by such committee (VIII,
    2311).

      The <> committee may not erase, interline, or blot the bill
    itself; but must, in a paper by itself set down the amendments, stating
    the words which are to be inserted or omitted, Scob., 50, and where, by
    references to page, line, and word of the bill. Scob., 50.

      This practice is still in force as to Senate bills of which the
    engrossed copies cannot be in any way interlined or altered by House
    committees. Original copies of House bills are not referred to
    committees but are maintained indefinitely by the Clerk. Both House and
    Senate bills are now

    [[Page [215]]]

    printed as referred, and committees may thus report either with proposed
    amendments. In the official papers (signed engrossed copies), the
    engrossed House amendments to a Senate bill would still be shown as a
    separate message attached to the Senate engrossed bill when returned to
    the Senate.

    [DOCID:hd284-58]
                         sec. xxvii--report of committee

      The <> chairman of the committee, standing in his place, informs the
    House that the committee to whom was referred such a bill, have,
    according to order, had the same under consideration, and have directed
    him to report the same without any amendment, or with sundry amendments
    (as the case may be), which he is ready to do when the House pleases to
    receive it. And he or any other may move that it be now received; but
    the cry of ``now, now,'' from the House, generally dispenses with the
    formality of a motion and question. He then reads the amendments, with
    the coherence in the bill, and opens the alterations and the reasons of
    the committee for such amendments, until he has gone through the whole.
    He then delivers it at the Clerk's table, where the amendments reported
    are read by the Clerk without the coherence; whereupon the papers lie
    upon the table till the House, at its convenience, shall take up the
    report. Scob., 52; Hakew., 148.

      This provision is to a large extent obsolete so far as the practice of
    the House is concerned. Most of the reports of committees are made by
    filing them with the Clerk without reading (clause 2 of rule XIII), and
    only the reports of committees having leave to report at any time are
    made by the chairman or other member of the committee from the floor
    (clause 5 of rule XIII). Committee reports must be submitted while the
    House is in session, and this requirement may be waived by unanimous
    consent only, and not by motion (Dec. 17, 1982, p. 31951). All reports
    privileged

    [[Page [216]]]

    under clause 5 of rule XIII at one time could be called up for
    consideration immediately after being filed, but since January 3, 1975
    (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34406), such reports--with
    certain exceptions--are subject to the requirement of clause 4 of rule
    XIII and cannot be considered in the House until the third calendar day
    (excluding Saturdays, Sundays, and legal holidays) on which they are
    available to Members. The exceptions from the three-day rule include, an
    exception for declarations of war, actions on certain executive
    determinations, certain reports from the Committee on Rules, primary
    expense resolutions reported from the Committee on House Administration,
    and bills on the Corrections Calendar. Reports not filed as privileged
    under clause 5 of rule XIII are subject to the three-day rule unless
    specifically exempted therefrom (in clause 4 of rule XIII) or unless
    privileged under rule IX. It has been held, for example, that a
    privileged report involving the privileges of the House under rule IX
    (such as a report from a committee on the contemptuous conduct of a
    witness before the committee) would not be subject to the three-day rule
    (Speaker Albert, July 13, 1971, pp. 24720-23). The general rule (clause
    1 of rule XIII) is that reports shall be placed on the calendars of the
    House to await action under the rules for the order of business (rule
    XIV).

      The <> report being made, the committee is dissolved and can act
    no more without a new power. Scob. 51. But it may be revived by a vote,
    and the same matter recommitted to them. 4 Grey, 361.

      This provision does not apply now to the Committees of the Whole or to
    the standing committees. It does apply to select committees, which
    expire when they report finally, but may be revived by the action of the
    House in referring in open House a new matter (IV, 4404, 4405). The
    provision does not preclude a standing committee from reporting a bill
    similar to one previously reported by such committee (VIII, 2311).

    [DOCID:hd284-59]
                         sec. xxviii--bill, recommitment

      After <> a bill
    has been committed and reported, it ought not, in any ordinary course,
    to be recommitted; but in cases of importance, and for special reasons,
    it is sometimes recommitted, and usually to the same committee. Hakew,
    151. If a report be recommitted before agreed to in the House, what has
    passed in committee is of no validity; the whole

    [[Page [217]]]

    question is again before the committee, and a new resolution must be
    again moved, as if nothing had passed. 3 Hats., 131--note.
      In Senate, January, 1800, the salvage bill was recommitted three times
    after the commitment.

      Where a matter is recommitted with instructions the committee must
    confine itself within the instructions (IV, 4404), and if the
    instructions relate to a certain portion only of a bill, other portions
    may not be reviewed (V, 5526). When a report has been disposed of
    adversely a motion to recommit it is not in order (V, 5559). Bills are
    sometimes recommitted to the Committee of the Whole as the indirect
    result of the action of the House (clause 9 of rule XVIII; IV, 4784) or
    directly on motion either with or without instructions (V, 5552, 5553).

      A <> particular clause of a bill may be committed without the
    whole bill, 3 Hats., 131; or so much of a paper to one and so much to
    another committee.

      In the usage of the House before the rules provided that petitions
    should be filed with the Clerk instead of being referred from the floor,
    it was the practice to refer a portion of a petition to one committee
    and the remainder to another when the subject matter called for such
    division (IV, 3359). Clause 2 of rule XII now permits the Speaker to
    refer bills, and resolutions, with or without time limitations, either
    (1) simultaneously to two or more committees for concurrent
    consideration, while indicating one committee of primary jurisdiction,
    (2) sequentially to appropriate committees after the report of the
    committee or committees initially considering the matter, (3) to divide
    the matter for referral, (4) to appoint an ad hoc committee with the
    approval of the House, or (5) to make other appropriate provisions, in
    order to assure that to the maximum extent feasible each committee with
    subject matter jurisdiction over provisions in that measure may consider
    and report to the House with respect thereto. Under former precedents a
    bill, resolution, or communication could not be divided for reference
    (IV, 4372, 4376).

    [DOCID:hd284-60]
                        sec. xxix--bill, reports taken up

      When <> the
    report of a paper originating with a committee is taken up by the House,
    they proceed exactly as in committee. Here, as in committee, when the

    [[Page [218]]]

    paragraphs have, on distinct questions, been agreed to seriatim, 5 Grey,
    366; 6 Grey, 368; 8 Grey, 47, 104, 360; 1 Torbuck's Deb., 125; 3 Hats.,
    348, no question needs be put on the whole report. 5 Grey, 381.

      In the House committees usually report bills, joint resolutions,
    concurrent resolutions, or simple resolutions. These come before the
    House for action while the written reports accompanying them, which are
    always printed, do not (IV, 4674), and even the reading of the reports
    is in order only in the time of debate (V, 5292). The Chair will not
    recognize a Member during debate on a bill in the House or in the
    Committee of the Whole for unanimous consent to amend the accompanying
    committee report in a specified manner, as the House should not change
    the substance of a committee report upon which it is not called to vote
    (Apr. 2, 1985, p. 7209; Nov. 7, 1989, p. 27762). In rare instances,
    however, committees submit merely written reports without propositions
    for action. Such reports being before the House may be debated before
    any specific motion has been made (V, 4987, 4988), and are in such case
    read to the House (IV, 4663) and after being considered the question is
    taken on agreeing. In such cases the report appears in full on the
    Journal (II, 1364; IV, 4675; V, 7177). When reports are acted on in this
    way it has not been the practice of the House to consider them by
    paragraphs, but the question has been put on the whole report (II,
    1364).

      On <> taking up a bill reported with amendments the amendments
    only are read by the Clerk. The Speaker then reads the first, and puts
    it to the question, and so on till the whole are adopted or rejected,
    before any other amendment be admitted, except it be an amendment to an
    amendment. Elsynge's Mem., 53. When through the amendments of the
    committee, the Speaker pauses, and gives time for amendments to be
    proposed in the House to the body of the bill; as he does also if it has
    been reported without amendments; putting no questions but on amendments
    proposed; and when through the whole, he puts

    [[Page [219]]]

    the question whether the bill shall be read a third time?

      The procedure outlined by this provision of the parliamentary law
    applies to bills when reported from the Committee of the Whole; but in
    practice it is usual to vote on the amendments in gross. But any Member
    may demand a separate vote (see Sec. 337, supra). The principle that the
    committee amendments should be voted on before amendments proposed by
    individual Members is recognized (IV, 4872-4876; V, 5773; VIII, 2862,
    2863), except when it is proposed to amend a committee amendment. The
    Clerk reads the amendments and the Speaker does not again read them.
    Frequently the House orders the previous question on the committee
    amendments and the bill to final passage, thus preventing further
    amendment. When a bill is of such nature that it does not go to
    Committee of the Whole, it comes before the House from the House
    Calendar, on which it has been placed on being reported from the
    standing or select committee or pursuant to a special order of business.
    On being taken from the House Calendar the bill is read through and then
    the amendments proposed by the committee are read. In modern practice
    the House may adopt a special order ``self-executing'' the adoption of
    the reported committee amendments in the House, and may permit further
    amendment to the amended text (e.g., H. Res. 245, 106th Cong., July 15,
    1999, p. ----).

    [DOCID:hd284-61]
                            sec. xxx--quasi-committee

      If <> on motion and question the bill be not committed, or if no
    proposition for commitment be made, then the proceedings in the Senate
    of the United States and in Parliament are totally different. The former
    shall be first stated.
      The proceeding of the Senate as in a Committee of the Whole, or in
    quasi-committee, is precisely as in a real Committee of the Whole,
    taking no question but on amendments. When through the whole, they
    consider the quasi-committee as risen, the House resumed without any
    motion, question, or resolution to that effect, and the President
    reports that ``the House, acting as in a Committee of the Whole, have
    had under

    [[Page [220]]]

    their consideration the bill entitled, &c., and have made sundry
    amendments, which he will now report to the House.'' The bill is then
    before them, as it would have been if reported from a committee, and the
    questions are regularly to be put again on every amendment; which being
    gone through, the President pauses to give time to the House to propose
    amendments to the body of the bill, and, when through, puts the question
    whether it shall be read a third time?

      The House may proceed ``in the House as in Committee of the Whole''
    only by unanimous consent (IV, 4923) or special rule (Dec. 18, 1974, p.
    40858). Where the House grants unanimous consent for the immediate
    consideration of a bill on the Union Calendar, or which would belong on
    the Union Calendar if reported, the bill is considered in the House as
    in the Committee of the Whole (Apr. 6, 1966, p. 7749; Aug. 3, 1970, p.
    26918; Deschler, ch. 22, Sec. 2.2). In the modern practice of the House
    an order for this procedure means merely that the bill will be
    considered as having been read for amendment and will be open for
    amendment and debate under the five-minute rule (Aug. 10, 1970, p.
    28050; clause 5 of rule XVIII), without general debate (IV, 4924, 4925;
    VI, 639; VIII, 2431, 2432). The Speaker remains in the chair and, when
    the previous question is moved, makes no report but puts the question on
    ordering the previous question and then on engrossment and third reading
    and on passage.
      For further description of the procedures applicable to the House as
    in the Committee of the Whole, and the application of those procedures
    to committees of the House, see Sec. 427, infra.

      After <> progress in amending the bill in quasi-
    committee, a motion may be made to refer it to a special committee. If
    the motion prevails, it is equivalent in effect to the several votes,
    that the committee rise, the House resume itself, discharge the
    Committee of the Whole, and refer the bill to a special committee. In
    that case, the amendments already made fall. But if the mo

    [[Page [221]]]

    tion fails, the quasi-committee stands in status quo.-
      How <> far does this XXVIIIth rule [of the Senate] subject
    the House, when in quasi-committee, to the laws which regulate the
    proceedings of Committees of the Whole? The particulars in which these
    differ from proceedings in the House are the following: 1. In a
    committee every member may speak as often as he pleases. 2. The votes of
    a committee may be rejected or altered when reported to the House. 3. A
    committee, even of the whole, cannot refer any matter to another
    committee. 4. In a committee no previous question can be taken; the only
    means to avoid an improper discussion is to move that the committee
    rise; and if it be apprehended that the same discussion will be
    attempted on returning into committee, the House can discharge them, and
    proceed itself on the business, keeping down the improper discussion by
    the previous question. 5. A committee cannot punish a breach of order in
    the House or in the gallery. 9 Grey, 113. It can only rise and report it
    to the House, who may proceed to punish. The first and second of these
    peculiarities attach to the quasi-committee of the Senate, as every
    day's practice proves, and it seems to be the only ones to which the
    XXVIIIth rule meant to subject them; for it continues to be a House,
    and, therefore, though it acts in some respects as a committee, in
    others it preserves its character as a House. Thus (3) it is in the
    daily habit of referring its business to

    [[Page [222]]]

    a special committee. 4. It admits of the previous question. If it did
    not, it would have no means of preventing an improper discussion; not
    being able, as a committee is, to avoid it by returning into the House,
    for the moment it would resume the same subject there, the XXVIIIth rule
    declares it again a quasi-committee. 5. It would doubtless exercise its
    powers as a House on any breach of order. 6. It takes a question by yea
    and nay, as the House does. 7. It receives messages from the President
    and the other House. 8. In the midst of a debate it receives a motion to
    adjourn, and adjourns as a House, not as a committee.

      In <> the modern practice of the House, the rule
    of Jefferson's Manual is followed to the extent that the House, while
    acting ``in the House as in Committee of the Whole'' may deal with
    disorder, take the yeas and nays, adjourn, refer to a committee even
    though the reading by sections may not have begun (IV, 4931, 4932),
    admit the motion to reconsider (VIII, 2793), receive messages (IV,
    4923), and use the previous question (VI, 369; Procedure, ch. 23,
    Sec. 6.3) (which differs from the previous question of Jefferson's
    time). The previous question may not be moved on a single section of a
    bill (IV, 4930), but it may be demanded on the bill while Members yet
    desire to offer amendments (IV, 4926-4929; VI, 639). Formerly a motion
    to close debate on the pending section of a bill being read by section
    for amendment in the House as in the Committee of the Whole was in order
    (IV, 4935), but under current practice a bill considered in the House as
    in Committee of the Whole is considered as read and open for amendment
    at any point (Aug. 10, 1970, p. 28050), and a motion is in order in the
    House as in Committee of the Whole to close debate on the bill or on an
    amendment (June 26, 1973, p. 21314). An amendment may be withdrawn at
    any time before action has been had on it (IV, 4935; June 26, 1973, p.
    21305). An amendment in the nature of a substitute is in order after
    perfecting amendments have been considered (IV, 4933, 4934; V, 5788).
    The title also is amended after the bill has been considered (IV, 3416).
    A quorum of the House (and not of the Committee of the Whole) is
    required in the House as in the Committee of the Whole (VI, 639).

    [[Page [223]]]

      The procedures applicable in the House as in the Committee of the
    Whole generally apply to proceedings in committees of the House, except
    that a measure considered in committee must be read (by section) for
    amendment (see Sec. 412, supra). Therefore, in committee a motion to
    limit debate under the five-minute rule must be confined to the portion
    of the measure then pending. Moreover, although the previous question
    may be moved on any pending amendment, it may be moved on the measure,
    itself, only when the entire measure has been read for amendment (or
    considered as read by unanimous consent).

    [DOCID:hd284-62]
                  sec. xxxi--bill, second reading in the house

      In <> Parliament, after the bill has been read a second time, if on
    the motion and question it be not committed, or if no proposition for
    commitment be made, the speaker reads it by paragraphs, pausing between
    each, but putting no question but on amendments proposed; but when
    through the whole, he puts the question whether it shall be read a third
    time, if it came from the other house, or, if originating with
    themselves, whether it shall be engrossed and read a third time. The
    speaker reads sitting, but rises to put questions. The clerk stands
    while he reads.
      But the Senate of the United States is so much in the habit of making
    many and material amendments at the third reading that it has become the
    practice not to engross a bill till it has passed--an irregular and
    dangerous practice, because in this way the paper which passes the
    Senate is not that which goes to the other House, and that which goes to
    the other House as the act of the Senate has never been seen in the
    Senate. In reducing numerous, difficult, and illegible amendments into
    the text the Secretary

    [[Page [224]]]

    may, with the most innocent intentions, commit errors which can never
    again be corrected.

      In the House the Clerk and not the Speaker or Chairman of the
    Committee of the Whole reads bills on second reading. After the second
    reading, which is by paragraph or section in the Committee of the Whole,
    the bill is open to amendment (see Sec. 980, infra). Clause 8 of rule
    XVI, as explained in Sec. 942, infra, governs first and second readings
    of bills in the House and in Committee of the Whole.

      The <> bill being now as perfect as its friends can make it, this
    is the proper stage for those fundamentally opposed to make their first
    attack. All attempts at earlier periods are with disjointed efforts,
    because many who do not expect to be in favor of the bill ultimately,
    are willing to let it go on to its perfect state, to take time to
    examine it themselves and to hear what can be said for it, knowing that
    after all they will have sufficient opportunities of giving it their
    veto. Its two last stages, therefore, are reserved for this--that is to
    say, on the question whether it shall be engrossed and read a third
    time, and, lastly, whether it shall pass. The first of these is usually
    the most interesting contest, because then the whole subject is new and
    engaging, and the minds of the Members having not yet been declared by
    any trying vote the issue is the more doubtful. In this stage,
    therefore, is the main trial of strength between its friends and
    opponents, and it behooves everyone to make up his mind decisively for
    this question, or he loses the main battle; and accident and management
    may, and often do, prevent a successful rallying on the next and last
    question, whether it shall pass.

    [[Page [225]]]

      In <> the
    House there are two other means of testing strength--one by raising the
    question of consideration when the bill first comes up (clause 3 of rule
    XVI), and the other by moving to strike out the enacting words when it
    is first open to amendment (clause 9 of rule XVIII). By these methods an
    adverse opinion may be expressed without permitting the bill to consume
    the time of the House.

    <>
    When the bill is engrossed the title is to be indorsed on the back, and
    not within the bill. Hakew, 250.

      In the practice of the House and the Senate the title appears in its
    proper place in the engrossed bill, and also is endorsed, with the
    number, on the back.

    [DOCID:hd284-63]
                           sec. xxxii--reading papers

      Where <> papers are laid before the House or referred to a committee
    every Member has a right to have them once read at the table before he
    can be compelled to vote on them; but it is a great though common error
    to suppose that he has a right, toties quoties, to have acts, journals,
    accounts, or papers on the table read independently of the will of the
    House. The delay and interruption which this might be made to produce
    evince the impossibility of the existence of such a right. There is,
    indeed, so manifest a propriety of permitting every Member to have as
    much information as possible on every question on which he is to vote,
    that when he desires the reading, if it be seen that it is really for
    information and not for delay, the Speaker directs it to be read without
    putting a question, if no one objects; but if objected to, a question
    must be put. 2 Hats., 117, 118.

    [[Page [226]]]

      Until the 103d Congress the House, by former rule XXX, had a provision
    regarding the reading a paper other than that on which the House is
    called to give a final vote (see Sec. Sec. 964, 965, infra).

      It <> is equally an error to suppose that any Member has a right,
    without a question put, to lay a book or paper on the table, and have it
    read, on suggesting that it contains matter infringing on the privileges
    of the House. Ib.
      For <> the same reason a Member has not a right to read a paper in
    his place, if it be objected to, without leave of the House. But this
    rigor is never exercised but where there is an intentional or gross
    abuse of the time and patience of the House.
      A Member has not a right even to read his own speech, committed to
    writing, without leave. This also is to prevent an abuse of time, and
    therefore is not refused but where that is intended. 2 Grey, 227.
      A <> report of a committee of the Senate on a bill from the
    House of Representatives being under consideration: on motion that the
    report of the committee of the House of Representatives on the same bill
    be read in the Senate, it passed in the negative. Feb. 28, 1793.

      In the House ordinary reports are read only in time of debate (V,
    5292), and subject to the authority of the House (V, 5293). But in a few
    cases, where a report does not accompany a bill or other proposition of
    action, but presents facts and conclusions, it is read to the House if
    acted on (II, 1364; IV, 4663).

    [[Page [227]]]

      Formerly, <> when
    papers were referred to a committee, they used to be first read; but of
    late only the titles, unless a Member insists they shall be read, and
    then nobody can oppose it. 2 Hats., 117.

      Under the rules, petitions, memorials, and communications are referred
    through the Clerk's desk, so that there is no opportunity for reading
    before reference, though messages from the President are read (clauses 1
    and 3 of rule XII; clause 2 of rule XIV).

    [DOCID:hd284-64]
                        sec. xxxiii--privileged questions

      It is no <> possession of a bill unless it be delivered to the Clerk to
    read, or the Speaker reads the title. Lex. Parl., 274; Elysynge Mem.,
    85; Ord. House of Commons, 64.
      It is a <> general
    rule that the question first moved and seconded shall be first put.
    Scob., 28, 22; 2 Hats., 81. But this rule gives way to what may be
    called privileged questions; and the privileged questions are of
    different grades among themselves.

      In the House, by rule and practice, the system of privileged motions
    and privileged questions has been highly developed (rule IX, clause 5 of
    rule XIII, clause 1 of rule XIV, and clause 4 of rule XVI).

      A motion <> to
    adjourn simply takes place of all others; for otherwise the House might
    be kept sitting against its will, and indefinitely. Yet this motion can
    not be received after another question is actually put and while the
    House is engaged in voting.

      The rules and practice of the House have prescribed comprehensively
    the privilege and status of the motion to adjourn (clause 4 of rule
    XVI). The motion intervenes between the putting of the question and the
    voting, and also between the different methods of voting, as between a
    vote by

    [[Page [228]]]

    division and a vote by yeas and nays, as after the yeas and nays are
    ordered and before the roll call begins (V, 5366). But after the roll
    call begins it may not be interrupted (V, 6053). Clause 4 of rule XVI
    was amended in the 93d Congress to provide that a motion that when the
    House adjourns on that day it stand adjourned to meet at a day and time
    certain is of equal privilege with the motion to adjourn, if the Speaker
    in his discretion recognizes for that purpose (H. Res. 6, p. 26). In the
    102d Congress the motion to authorize the Speaker to declare a recess
    was given an equal privilege (H. Res. 5, Jan. 3, 1991, p. 39).
      Orders of <> the day take place of all other questions, except
    for adjournment--that is to say, the question which is the subject of an
    order is made a privileged one, pro hac vice. The order is a repeal of
    the general rule as to this special case. When any Member moves,
    therefore, for the order of the day to be read, no further debate is
    permitted on the question which was before the House; for if the debate
    might proceed it might continue through the day and defeat the order.
    This motion, to entitle it to precedence, must be for the orders
    generally, and not for any particular one; and if it be carried on the
    question, ``Whether the House will now proceed to the orders of the
    day?'' they must be read and proceeded on in the course in which they
    stand, 2 Hats., 83; for priority of order gives priority of right, which
    cannot be taken away but by another special order of business.

      ``Orders of the day'' are part of the regular and daily order of
    business (IV, 3151). Although a mention of them has survived in clause 1
    of rule XIV, ``orders of the day'' have disappeared from the practice of
    the House (IV, 3057) and should not be confused with ``special orders of
    business,'' which are resolutions reported from the Committee on Rules
    pursuant to clause 5 of rule XIII to provide for consideration of
    matters not regularly in order. The term ``special orders of business''
    is also used separately to describe permissions for Members to address
    the House at the conclusion of legislative business.

    [[Page [229]]]

      After <> these there are other privileged questions, which will
    require considerable explanation.
      It is proper that every parliamentary assembly should have certain
    forms of questions, so adapted as to enable them fitly to dispose of
    every proposition which can be made to them. Such are: 1. The previous
    question. 2. To postpone indefinitely. 3. To adjourn a question to a
    definite day. 4. To lie on the table. 5. To commit. 6. To amend. The
    proper occasion for each of these questions should be understood.

      The House by clause 4 of rule XVI has established the priority and
    other conditions of motions of this kind.

      1. When a <> proposition is moved which it is useless or inexpedient now
    to express or discuss, the previous question has been introduced for
    suppressing for that time the motion and its discussion. 3 Hats., 188,
    189.

      The previous question of the parliamentary law has been changed by the
    House into an instrument of entirely different use (V, 5445; clause 1 of
    rule XIX).

      2. But as <> the
    previous question gets rid of it only for that day, and the same
    proposition may recur the next day, if they wish to suppress it for the
    whole of that session, they postpone it indefinitely. 3 Hats., 183. This
    quashes the proposition for that session, as an indefinite adjournment
    is a dissolution, or the continuance of a suit sine die is a
    discontinuance of it.

    [[Page [230]]]

      As already explained, in the House the previous question is no longer
    used as a method of postponement (V, 5445) but a means to bring the
    pending matter to an immediate vote. The House does use the motion to
    postpone indefinitely, and in clause 4 of rule XVI and the practice
    thereunder, has defined the nature and use of the motion.

      3. When a <> motion is
    made which it will be proper to act on, but information is wanted, or
    something more pressing claims the present time, the question or debate
    is adjourned to such a day within the session as will answer the views
    of the House. 2 Hats., 81. And those who have spoken before may not
    speak again when the adjourned debate is resumed. 2 Hats., 73.
    Sometimes, however, this has been abusively used by adjourning it to a
    day beyond the session, to get rid of it altogether as would be done by
    an indefinite postponement.

      The House does not use the motion to adjourn a debate. But it
    accomplishes the purpose of such a procedure by the motion to postpone
    to a day certain, which applies, not to a debate, but to the bill or
    other proposition before the House. Of course, if a bill which is under
    debate is postponed, the effect is to postpone the debate. The
    conditions and use of the motion are treated under clause 4 of rule XVI.

      4. When the <> House has
    something else which claims its present attention, but would be willing
    to reserve in their power to take up a proposition whenever it shall
    suit them, they order it to lie on their table. It may then be called
    for at any time.

      This is the use of the motion to lay on the table which is established
    in the general parliamentary law, and was followed in the early practice
    of the House. But by an interesting evolution in the House the motion
    has now come to serve an entirely new purpose, being used for the final,
    adverse disposition of a matter (clause 4 of rule XVI; V, 5389). And a
    matter once laid on the table may be taken therefrom only by suspension
    of the rules (V, 6288) or similar process, unless it be a matter of
    privilege (V,

    [[Page [231]]]

    5438, 5439) such as bills vetoed by the President (IV, 3549; V, 5439). A
    proposition to impeach having been laid on the table, a similar or
    identical proposition may be again brought up (III, 2049; VI, 541).

      5. If the <> proposition will want more amendment and digestion than the
    formalities of the House will conveniently admit, they refer it to a
    committee.
      6. But if the proposition be well digested, and may need but few and
    simple amendments, and especially if these be of leading consequence,
    they then proceed to consider and amend it themselves.

      In the House it is a general rule that all business goes to committees
    before receiving consideration in the House itself. Occasionally a
    question of privilege or a minor matter of business is presented and
    considered at once by the House.

      The Senate, <> in their practice, vary from this regular graduation of
    forms. Their practice comparatively with that of Parliament stands thus:

    [DOCID:hd284-65]
                     for the parliamentary: the senate uses:

                                                Postponement to a day beyond
    Postponement indefinite,                E   the session.
                                                Postponement to a day within
    Adjournment,                            E   the session.
                                                Postponement indefinite.
    Lying on table,                         E   Lying on the table.

      In their eighth rule, therefore, which declares that while a question
    is before the Senate no

    [[Page [232]]]

    motion shall be received, unless it be for the previous question, or to
    postpone, commit, or amend the main question, the term postponement must
    be understood according to their broad use of it, and not in its
    parliamentary sense. Their rule, then, establishes as privileged
    questions the previous question, postponement, commitment, and
    amendment.

      The House governs these motions by clause 4 of rule XVI.

      But it may <> be asked: Have these questions any privilege among
    themselves? or are they so equal that the common principle of the
    ``first moved first put'' takes place among them? This will need
    explanation. Their competitions may be as follows:
    1. Previous question and postpone
                        commit              <3-l  }>
                        amend                   In the first, second, and
    2. Postpone and previous question           third classes, and the first
                        commit                  member of the fourth class,
                        amend                   the rule ``first moved first
    3. Commit and previous question         <3-lput'' takes place.
                        postpone
                        amend
    4. Amend and previous question
                        postpone
                        commit              <3-ln }>

                                            <3-ln }>

    [[Page [233]]]

      In the first class, where the previous question is first moved, the
    effect is peculiar; for it not only prevents the after motion to
    postpone or commit from being put to question before it, but also from
    being put after it; for if the previous question be decided
    affirmatively, to wit, that the main question shall now be put, it would
    of course be against the decision to postpone or commit; and if it be
    decided negatively, to wit, that the main question shall not now be put,
    this puts the House out of possession of the main question, and
    consequently there is nothing before them to postpone or commit. So that
    neither voting for nor against the previous question will enable the
    advocates for postponing or committing to get at their object. Whether
    it may be amended shall be examined hereafter.

      While clause 4 of rule XVI now governs the priority of motions, these
    provisions of the Manual remain of interest because of the parliamentary
    theory they present.

      Second class. <> If postponement be decided affirmatively, the proposition is
    removed from before the House, and consequently there is no ground for
    the previous question, commitment or amendment; but if decided
    negatively (that it shall not be postponed), the main question may then
    be suppressed by the previous question, or may be committed, or amended.

      The previous question is used now for bringing a vote on the main
    question and not for suppressing it.

      The third class is subject to the same observations as the second.

    [[Page [234]]]

      The fourth class. Amendment of the main question first moved, and
    afterwards the previous question, the question of amendment shall be
    first put.

      In present practice of the House the question on the previous question
    would be put first, and being decided affirmatively would force a vote
    on the amendment and then on the main question.

      Amendment and postponement competing, postponement is first put, as
    the equivalent proposition to adjourn the main question would be in
    Parliament. The reason is that the question for amendment is not
    suppressed by postponing or adjourning the main question, but remains
    before the House whenever the main question is resumed; and it might be
    that the occasion for other urgent business might go by, and be lost by
    length of debate on the amendment, if the House had it not in their
    power to postpone the whole subject.
      Amendment and commitment. The question for committing, though last
    moved shall be first put; because, in truth, it facilitates and
    befriends the motion to amend. Scobell is express: ``On motion to amend
    a bill, anyone may notwithstanding move to commit it, and the question
    for commitment shall be first put.'' Scob., 46.

      These principles of priority of privileged motions are recognized in
    the House, and are provided for by clause 4 of rule XVI.

    [[Page [235]]]

      We have <> hitherto considered the
    case of two or more of the privileged questions contending for privilege
    between themselves, when both are moved on the original or main
    question; but now let us suppose one of them to be moved, not on the
    original primary question, but on the secondary one, e.g.:
      Suppose a motion to postpone, commit, or amend the main question, and
    that it be moved to suppress that motion by putting a previous question
    on it. This is not allowed, because it would embarrass questions too
    much to allow them to be piled on one another several stories high; and
    the same result may be had in a more simple way--by deciding against the
    postponement, commitment, or amendment. 2. Hats., 81, 2, 3, 4.

      While the general principle that one secondary or privileged motion
    should not be applied to another is generally recognized in the House,
    yet the entire change in the nature of the previous question (V, 5445)
    from a means of postponing a matter to a means of compelling an
    immediate vote, makes obsolete the parliamentary rule. For as the
    motions to postpone, commit, and amend, are all debatable, the modern
    previous question of course applies to them (clause 1 of rule XIX).

      Suppose a <> motion for the previous question, or commitment or
    amendment of the main question, and that it be then moved to postpone
    the motion for the previous question, or for commitment or amendment of
    the main question. 1. It would be absurd to postpone the previous
    question, commitment, or amendment, alone, and thus separate the
    appendage from its principal; yet it

    [[Page [236]]]

    must be postponed separately from its original, if at all; because the
    eighth rule of the Senate says that when a main question is before the
    House no motion shall be received but to commit, amend, or pre-question
    the original question, which is the parliamentary doctrine also.
    Therefore the motion to postpone the secondary motion for the previous
    question, or for committing or amending, can not be received. 2. This is
    a piling of questions one on another; which, to avoid embarrassment, is
    not allowed. 3. The same result may be had more simply by voting against
    the previous question, commitment, or amendment.
      Suppose a commitment moved of a motion for the previous question, or
    to postpone or amend. The first, second, and third reasons, before
    stated, all hold against this.

      The principles of this paragraph are in harmony with the practice of
    the House, which provides further that a motion to suspend the rules may
    not be postponed (V, 5322).

      Suppose an <> amendment moved to a motion for the previous
    question. Answer: The previous question can not be amended.
    Parliamentary usage, as well as the ninth rule of the Senate, has fixed
    its form to be, ``Shall the main question be now put?''--i.e., at this
    instant; and as the present instant is but one, it can admit of no
    modification. To change it to to-morrow, or any other moment, is without
    example and without utility. * * *
      Although the nature of the previous question has entirely changed, yet
    the principle of the parliamentary law applies to the new form.

    [[Page [237]]]

      * * * But suppose a <> motion to amend a motion for
    postponement, as to one day instead of another, or to a special instead
    of an indefinite time. The useful character of amendment gives it a
    privilege of attaching itself to a secondary and privileged motion; that
    is, we may amend a postponement of a main question. So, we may amend a
    commitment of a main question, as by adding, for example, ``with
    instructions to inquire,'' &c. * * *
      This principle is recognized in the practice of the House (V, 5521).

      * * * In like <> manner, if an amendment be moved to an amendment, it is
    admitted; but it would not be admitted in another degree, to wit, to
    amend an amendment to an amendment of a main question. This would lead
    to too much embarrassment. The line must be drawn somewhere, and usage
    has drawn it after the amendment to the amendment. The same result must
    be sought by deciding against the amendment to the amendment, and then
    moving it again as it was wished to be amended. In this form it becomes
    only an amendment to an amendment.

      This rule of the parliamentary law is considered fundamental in the
    House (clause 6 of rule XVI).

      [In filling <> a blank with a sum, the largest sum shall be first put to the
    question, by the thirteenth rule of the Senate, contrary to the rule of
    Parliament, which privileges the smallest sum and longest time. 5 Grey,
    179; 2 Hats., 8, 83; 3 Hats., 132,

    [[Page [238]]]

    133.] And this is considered to be not in the form of an amendment to
    the question, but as alternative or successive originals. In all cases
    of time or number, we must consider whether the larger comprehends the
    lesser, as in a question to what day a postponement shall be, the number
    of a committee, amount of a fine, term of an imprisonment, term of
    irredeemability of a loan, or the terminus in quem in any other case;
    then the question must begin a maximo. Or whether the lesser includes
    the greater, as in questions on the limitation of the rate of interest,
    on what day the session shall be closed by adjournment, on what day the
    next shall commence, when an act shall commence or the terminus a quo in
    any other case where the question must begin a minimo; the object being
    not to begin at that extreme which, and more, being within every man's
    wish, no one could negative it, and yet, if he should vote in the
    affirmative, every question for more would be precluded; but at that
    extreme which would unite few, and then to advance or recede till you
    get to a number which will unite a bare majority. 3 Grey, 376, 384, 385.
    ``The fair question in this case is not that to which, and more, all
    will agree, but whether there shall be addition to the question.'' 1
    Grey, 365.

      The thirteenth rule of the Senate has been dropped. The House has no
    rule on the subject other than this provision of the parliamentary law.
    It is very rare for the House to fill blanks for numbers. When a number
    in pending text is to be changed by amendment, the practice of the House
    permits to be pending: the alternative number proposed in the amendment
    to the text; a second alternative number as an amendment to the
    amendment; a third as a substitute; and a fourth as an amendment to the
    sub

    [[Page [239]]]

    stitute. Thus, if the pending text itself states a number, then five
    alternative numbers may be pending simultaneously. With respect to a
    concurrent resolution on the budget (which is considered as read and
    open to amendment at any point and to which amendments must be
    mathematically consistent under clause 10 of rule XVIII), adoption of a
    perfecting amendment changing several figures precludes further
    amendment merely changing those figures, but does not preclude more
    comprehensive amendments changing other portions of the resolution which
    have not been amended as well (Apr. 27, 1977, p. 12485). In recent
    practice an amount in an appropriation bill has been changed by
    inserting a parenthetical ``increased by'' or ``decreased by'' after the
    amount rather than by directly changing the number.

      Another <> exception to the rule of priority is when a
    motion has been made to strike out, or agree to, a paragraph. Motions to
    amend it are to be put to the question before a vote is taken on
    striking out or agreeing to the whole paragraph.

      In the House the principle that a text should be perfected before a
    question is taken on striking it out, and that an amendment should be
    perfected before agreeing to it, is well established. But in considering
    bills, even by paragraphs, the House does not agree to the paragraphs
    severally; but after amending one passes to the next, and the question
    on agreeing is taken only on the whole bill by the several votes on
    engrossment and passage.

      But there <> are
    several questions which, being incidental to every one, will take place
    of every one, privileged or not; to wit, a question of order arising out
    of any other question must be decided before that question. 2 Hats., 88.

      This principle governs the procedure of the House, but a question of
    order arising after a motion for the previous question must be decided
    without debate (clause 1 of rule XIX).

    [[Page [240]]]

      A matter of <> privilege arising out of any question, or from a quarrel
    between two Members, or any other cause, supersedes the consideration of
    the original question, and must be first disposed of. 2 Hats., 88.

      Rule IX of the House and the practice thereunder, confirm and amplify
    the principles of this provision of the parliamentary law.
    <>   Reading papers relative to the question before the House.
    This question must be put before the principal one. 2 Hats., 88.

      This provision formerly applied in the House to the reading of papers
    other than those on which the House was to vote. That was under an
    earlier form of clause 6 of rule XVII, which now applies only to the use
    of exhibits in debate. For a history of the former rule on reading
    papers and an explanation of the earlier practice, see Sec. Sec. 963-
    964, infra.

      Leave asked <> to withdraw a
    motion. The rule of Parliament being that a motion made and seconded is
    in the possession of the House, and can not be withdrawn without leave,
    the very terms of the rule imply that leave may be given, and,
    consequently, may be asked and put to the question.

      The House does not vote on the withdrawal of motions, but provides by
    clause 2 of rule XVI and clause 5 of rule XVIII the conditions under
    which a Member may of his own right withdraw a motion.

    [DOCID:hd284-66]
                        sec. xxxiv--the previous question

      When any <> question is before the House, any Member may move a
    previous question, ``Whether that question (called the main question)
    shall now be put?'' If it pass in the affirmative, then the main
    question is to be put immediately, and no man

    [[Page [241]]]

    may speak anything further to it, either to add or alter. Memor. in
    Hakew., 28; 4 Grey, 27.
      The previous <> question being moved and seconded, the question from the
    Chair shall be, ``Shall the main question be now put?'' and if the nays
    prevail, the main question shall not then be put.

      In the modern practice of the House the previous question is put as
    follows: ``The gentleman from ------ moves the previous question. As
    many as are in favor of ordering the previous question will say aye; as
    many as are opposed will say no'' (V, 5443).

      This kind of <> question is understood by Mr. Hatsell to have
    been introduced in 1604. 2 Hats., 80. Sir Henry Vane introduced it. 2
    Grey, 113, 114; 3 Grey, 384. When the question was put in this form,
    ``Shall the main question be put?'' a determination in the negative
    suppressed the main question during the session; but since the words
    ``now put'' are used, they exclude it for the present only; formerly,
    indeed, only till the present debate was over, 4 Grey, 43, but now for
    that day and no longer. 2 Grey, 113, 114.
      Before the question ``Whether the main question shall now be put?''
    any person might formerly have spoken to the main question, because
    otherwise he would be precluded from speaking to it at all. Mem. in
    Hakew., 28.
      The proper occasion for the previous question is when a subject is
    brought forward of a delicate nature as to high personages, &c., or the
    discussion of which may call forth observations which might be of
    injurious consequences. Then

    [[Page [242]]]

    the previous question is proposed, and in the modern usage the
    discussion of the main question is suspended and the debate confined to
    the previous question. The use of it has been extended abusively to
    other cases, but in these it has been an embarrassing procedure. Its
    uses would be as well answered by other more simple parliamentary forms,
    and therefore it should not be favored, but restricted within as narrow
    limits as possible.

      As explained in connection with clause 1 of rule XIX, the House has
    changed entirely the old use of the previous question (V, 5445).

    [DOCID:hd284-67]
                              sec. xxxv--amendments

    <>   On an amendment being moved, a
    Member who had spoken to the main question may speak again to the
    amendment. Scob., 23.

      This parliamentary rule applies in the House, where the hour rule of
    debate (clause 2 of rule XVII) has been in force for many years. A
    Member who has spoken an hour to the main question, may speak another
    hour to an amendment (V, 4994; VIII, 2449).

      If an <> amendment be proposed
    inconsistent with one already agreed to, it is a fit ground for its
    rejection by the House, but not within the competence of the Speaker to
    suppress as if it were against order. For were he permitted to draw
    questions of consistence within the vortex or order, he might usurp a
    negative on important modifications, and suppress, instead of
    subserving, the legislative will.

      The practice of the House follows and extends the principle set forth
    by Jefferson. Thus it has been held that the fact that a proposed amend

    [[Page [243]]]

    ment is inconsistent with the text or embodies a proposition already
    voted (II, 1328-1336; VIII, 2834), or would in effect change a provision
    of text to which both Houses have agreed (II, 1335; V, 6183-6185), or is
    contained in substance in a later portion of the bill (II, 1327), is a
    matter to be passed on by the House rather than by the Speaker. It is
    for the House rather than the Speaker to decide on the legislative or
    legal effect of a proposition (II, 1323, 1324; VI, 254; VII, 2112; VIII,
    2280, 2841), and the change of a single word in the text of a
    proposition may be sufficient to prevent the Speaker from ruling it out
    of order as one already disposed of by the House (II, 1274). The
    principle has been the subject of conflicting decisions, from which may
    be deduced the rule that the Chair may not rule out the proposition
    unless it presents a substantially identical proposition (VI, 256; VIII,
    2834, 2835, 2838, 2840, 2842, 2850, 2856).
      A perfecting amendment offered to an amendment in the nature of a
    substitute may be offered again as an amendment to the original bill if
    the amendment is first rejected or if the amendment in the nature of a
    substitute as perfected is rejected (Sept. 28, 1976, p. 33075).
    Rejection of an amendment consisting of two sections does not preclude
    one of those sections being subsequently offered as a separate amendment
    (July 15, 1981, p. 15898), and the rejection of several amendments
    considered en bloc does not preclude their being offered separately at a
    subsequent time (Deschler, ch. 27, Sec. 35.15; Nov. 4, 1991, p. 29932).
    A point of order against an amendment to a substitute does not lie
    merely because its adoption would have the same effect as the adoption
    of a pending amendment to the original amendment and would render the
    substitute as amended identical to the original amendment as amended
    (May 4, 1983, p. 11059).

      Amendments may <> be made so as totally to alter
    the nature of the proposition; and it is a way of getting rid of a
    proposition by making it bear a sense different from what it was
    intended by the movers, so that they vote against it themselves. 2
    Hats., 79; 4, 82, 84. A new bill may be ingrafted, by way of amendment,
    on the words, ``Be it enacted,'' etc. 1 Grey, 190, 192.

      This was the rule of Parliament, which did not require an amendment to
    be germane (V, 5802, 5825). But the House from its first organization,
    has by rule required that an amendment should be germane to the pending
    proposition (clause 7 of rule XVI).

    [[Page [244]]]

      If it be <> proposed to amend by leaving out certain words, it may be
    moved, as an amendment to this amendment, to leave out a part of the
    words of the amendment, which is equivalent to leaving them in the bill.
    2 Hats., 80, 9. The parliamentary question is, always, whether the words
    shall stand part of the bill.

      In the House the question herein described is never put as in
    Parliament, but is always, whether the words shall be stricken out; and
    if there is a desire that certain of the words included in the amendment
    remain part of the bill, it is expressed, not by amending the amendment,
    but by a preferential perfecting amendment to strike from the specified
    words in the text of the bill a portion of them. If this is carried that
    portion of the specified words is stricken from the bill and the vote
    then recurs on the original amendment (V, 5770). Where a motion to
    strike an entire title of a bill is pending, it is in order to offer, as
    a perfecting amendment to that title, a motion to strike out a lesser
    portion thereof, and the perfecting amendment is voted on first (June
    11, 1975, p. 18435). And when a motion to strike out certain words is
    disagreed to, it is in order to move to strike out a portion of those
    words (V, 5769); but when it is proposed to strike out certain words in
    a paragraph, it is not in order to amend those words by including with
    them other words of the paragraph (V, 5768; VIII, 2848; June 2, 1976,
    pp. 16208-10). It is in order to insert by way of amendment a paragraph
    similar (but not actually identical) to one already stricken out by
    amendment (V, 5760; Sept. 2, 1976, pp. 28939-58).

      When it is <> proposed to amend by inserting a paragraph,
    or part of one, the friends of the paragraph may make it as perfect as
    they can by amendments before the question is put for inserting it. If
    it be received, it cannot be amended afterward in the same stage,
    because the House has, on a vote, agreed to it in that form. In like
    manner, if it is proposed to amend by striking out a paragraph, the
    friends of the paragraph are first to make it as perfect as they can by
    amendments,

    [[Page [245]]]

    before the question is put for striking it out. If on the question it be
    retained, it cannot be amended afterward, because a vote against
    striking out is equivalent to a vote agreeing to it in that form.

      These principles are recognized as in force in the House, with the
    exception that clause 5(c) of rule XVI specifically provides that the
    rejection of a motion to strike shall preclude neither amendment nor
    motion to strike out and insert. However, after an amendment to insert
    has been agreed to, the matter inserted ordinarily may not then be
    amended (V, 5761-5763; VIII, 2852) in any way that would change its
    text. Where a special order of business provides that an amendment
    inserting a provision in the bill be considered as adopted, an amendment
    to strike that provision is not in order (May 23, 2002, p. ----).
    However, an amendment may be added at the end (V, 5759, 5764, 5765; Dec.
    14, 1973, p. 41740; Oct. 1, 1974, p. 33364), even if the perfecting
    amendment which was adopted struck out all after the short title of the
    amendment in the nature of a substitute and inserted a new text (May 16,
    1979, p. 11480). Although an amendment which has been adopted to an
    amendment (in the nature of a substitute) may not be further amended,
    another amendment adding language at the end of the amendment may still
    be offered (June 10, 1976, pp. 17368-75, 17381; May 16, 1984, pp. 12566-
    67), and the Chair will not rule on the consistency of that language
    with the adopted amendment (June 10, 1976, p. 17381).
      Although it may be in order to offer an amendment to the pending
    portion of the bill that not only changes a provision already amended
    but also changes an unamended pending portion of the bill, it is not in
    order merely to amend portions of the bill that have been changed by
    amendment (Mar. 11, 1999, p. ----), or to amend unamended portions which
    have been passed in the reading and are no longer open to amendment
    (July 12, 1983, p. 18771), or to amend a figure already amended
    (Deschler, ch. 27, Sec. 33.2; July 17, 1995, p. 19186), even if also
    changing other matter not already amended, where drafted as though the
    earlier amendment had not been adopted (Mar. 15, 1995, p. 8025; Mar. 16,
    1995, p. 8110; Mar. 16, 1995, p. 8112; July 17, 1995, p. 19196). A point
    of order that a pending amendment proposes to change portions of the
    bill that have been changed by earlier amendment may be made after a
    unanimous consent request to modify the amendment has been disposed of
    but before debate has begun (Mar. 11, 1999, p. ----). Where the vote on
    an amendment to strike a section and insert new language is postponed by
    the Chairman of the Committee of the Whole, an amendment to strike the
    same section and insert different language is in order; and if both
    amendments are adopted, the second amendment adopted supersedes the
    first and is the only one reported to the House (Aug. 6, 1998, p. ----).

    [[Page [246]]]

      When it is proposed to perfect a paragraph, a motion to strike it out,
    if already pending, must remain in abeyance until the amendments to
    perfect have been moved and voted on (V, 5758; VIII, 2860; May 5, 1992,
    p. 10110; Oct. 12, 1995, p. 27816; July 27, 1999, p. ----). If further
    proceedings are postponed on the perfecting amendment, debate may
    continue on the underlying motion to strike (July 27, 1999). While
    amendments are pending to a section, a motion to strike it out may not
    be offered (V, 5771; VIII, 2861; Sept. 23, 1982, p. 24963; July 25,
    1995, p. 20299). The motion to strike may be voted on (if already
    pending) or subsequently offered after disposition of the perfecting
    amendment, so long as the provision sought to be stricken has not been
    rewritten entirely (Sept. 23, 1982, p. 24963; July 25, 1995, p. 20299).
    While a motion to strike out is pending, it is in order to offer an
    amendment to perfect the language proposed to be stricken (Apr. 24,
    1996, p. 8777); such an amendment, which is in the first degree, may be
    amended by a substitute, and amendments to the substitute are also in
    order (Oct. 19, 1983, p. 28283), and such perfecting amendment, if
    agreed to when voted on first, remains part of the bill if the motion to
    strike is then rejected (Sept. 18, 1986, p. 28123). When a motion to
    strike out a paragraph is pending and the paragraph is perfected by an
    amendment, striking and inserting an entire new text, the pending motion
    to strike out must fall, since it would not be in order to strike out
    exactly what has been just voted to insert (V, 5792; VIII, 2854; July
    12, 1951, p. 8090; Sept. 23, 1975, p. 29835; Aug. 5, 1986, p. 19059; May
    18, 1988, p. 11404; Apr. 24, 1996, p. 8781). A motion to strike out and
    insert a portion of a pending section is not in order as a substitute
    for a motion to strike out the section, but may be offered as a
    perfecting amendment to the section and is voted on first, subject to
    being eliminated by subsequent adoption of the motion to strike out
    (July 16, 1981, p. 16057).

      When it is <> moved to amend by
    striking out certain words and inserting others, the manner of stating
    the question is first to read the whole passage to be amended as it
    stands at present, then the words proposed to be struck out, next those
    to be inserted, and lastly the whole passage as it will be when amended.
    And the question, if desired, is then to be divided, and put first on
    striking out. If carried, it is next on inserting the words proposed. If
    that be lost, it may be moved to insert others. 2 Hats., 80, 7.

    [[Page [247]]]

      Clause 5(c) of rule XVI of the House provides specifically that the
    motion to strike out and insert shall not be divided. Otherwise, as to
    the manner of stating the question, it is usual for the Clerk to read
    only the words to be stricken out and the words to be inserted. Usually
    this is sufficient, as the Members may have before them printed copies
    of the bill under consideration.

      A motion <> is made to amend by striking out certain words
    and inserting others in their place, which is negatived. Then it is
    moved to strike out the same words, and to insert others of a tenor
    entirely different from those first proposed. It is negatived. Then it
    is moved to strike out the same words and insert nothing, which is
    agreed to. All this is admissible, because to strike out and insert A is
    one proposition. To strike out and insert B is a different proposition.
    And to strike out and insert nothing is still different. And the
    rejection of one proposition does not preclude the offering a different
    one. Nor would it change the case were the first motion divided by
    putting the question first on striking out, and that negatived; for, as
    putting the whole motion to the question at once would not have
    precluded, the putting the half of it cannot do it.

      As to Jefferson's supposition that the principle would hold good in
    case of division of the motion to strike out and insert it is not
    necessary to inquire, since clause 5(c) of rule XVI forbids division of
    the motion. In a footnote Jefferson expressed himself as follows: ``In
    the case of a division of the question, and a decision against striking
    out, I advanced doubtingly the opinion here expressed. I find no
    authority either way, and I know it may be viewed under a different
    aspect. It may be thought that, having decided separately not to strike
    out the passage, the same question for striking out cannot be put over
    again, though with a view to a different insertion. Still I think it
    more reasonable and convenient to consider the striking out and
    insertion as forming one proposition, but should readily yield to any
    evidence that the contrary is the practice in Parliament.'' Where two
    amendments proposing inconsistent motions to strike and in

    [[Page [248]]]

    sert a pending section are considered as separate first degree
    amendments (not one as a substitute for the other) before either is
    finally disposed of under a special procedure permitting the Chair to
    postpone requests for a recorded vote, the Chair's order of voting on
    the matter as unfinished business determines which amendment (if both
    were adopted) would be reported to the House (Aug. 6, 1998, p. ----).
      The principle <> set forth by Jefferson as to repetition of the motion to strike
    out prevails in the House, where it has been held in order, after the
    failure of a motion to strike out certain words, to move to strike out a
    portion of those words (V, 5769; VIII, 2858). When a bill is under
    consideration by paragraphs, a motion to strike out applies only to the
    paragraph under consideration (V, 5774).

      But if <> it had been carried affirmatively to strike out
    the words and to insert A, it could not afterward be permitted to strike
    out A and insert B. The mover of B should have notified, while the
    insertion of A was under debate, that he would move to insert B; in
    which case those who preferred it would join in rejecting A.

      This principle controls the practice of the House (July 17, 1985, p.
    19444; July 18, 1985, p. 19649; Deschler, ch. 27, Sec. 31.14).

      After A <> is inserted, however, it may be moved to strike out
    a portion of the original paragraph, comprehending A, provided the
    coherence to be struck out be so substantial as to make this effectively
    a different proposition; for then it is resolved into the common case of
    striking out a paragraph after amending it. Nor does anything forbid a
    new insertion, instead of A and its coherence.

      While it is not in order to move to strike a provision inserted by
    amendment (Oct. 9, 1985, p. 26957), a motion to strike more than that
    provision inserted would be in order (Apr. 23, 1975, p. 11536). But an
    amendment to strike out the pending title of a bill and re-insert all
    sections of that

    [[Page [249]]]

    title except one is not in order where that section has previously been
    amended in its entirety (Aug. 1, 1975, p. 26946).

      In Senate, <> January 25, 1798, a motion to postpone until the second Tuesday
    in February some amendments proposed to the Constitution; the words
    ``until the second Tuesday in February'' were struck out by way of
    amendment. Then it was moved to add, ``until the first day of June.''
    Objected that it was not in order, as the question should be first put
    on the longest time; therefore, after a shorter time decided against, a
    longer cannot be put to question. It was answered that this rule takes
    place only in filling blanks for time. But when a specific time stands
    part of a motion, that may be struck out as well as any other part of
    the motion; and when struck out, a motion may be received to insert any
    other. In fact, it is not until they are struck out, and a blank for the
    time thereby produced, that the rule can begin to operate, by receiving
    all the propositions for different times, and putting the questions
    successively on the longest. Otherwise it would be in the power of the
    mover by inserting originally a short time, to preclude the possibility
    of a longer; for till the short time is struck out, you cannot insert a
    longer; and if, after it is struck out, you cannot do it, then it cannot
    be done at all. Suppose the first motion had been made to amend by
    striking out ``the second Tuesday in February,'' and inserting instead
    thereof ``the first of June,'' it would have been regular, then, to
    divide the question, by

    [[Page [250]]]

    proposing first the question to strike out, and then that to insert.
    Now, this is precisely the effect of the present proceeding; only,
    instead of one motion and two questions, there are two motions and two
    questions to effect it--the motion being divided as well as the
    question.

      The principles of this paragraph have been followed in the House (V,
    5763; Aug. 16, 1961, p. 16059), but in one case wherein words embodying
    a distinct substantive proposition had been agreed to as an amendment to
    a paragraph, it was held not in order to strike out a part of the words
    of this amendment with other words of the paragraph (V, 5766).
      The motion to strike out and insert may not be divided in the House
    (clause 5(c) of rule XVI).

      When the <> matter
    contained in two bills might be better put into one, the manner is to
    reject the one and incorporate its matter into another bill by way of
    amendment. So if the matter of one bill would be better distributed into
    two, any part may be struck out by way of amendment, and put into a new
    bill. * * *

      In the modern practice of the House each bill comes before the House
    by itself; and if it were proposed to join one bill to another it would
    be done by offering the text of the one as an amendment to the other,
    without disturbing the first bill in its place on the calendar. Where it
    is proposed to divide a bill, the object is accomplished in the House by
    moving to recommit with instructions to the committee to report two
    bills (V, 5527, 5528). The Committee on Rules may report a special order
    providing for consideration of two bills and, after separate passage of
    each, ``linking'' the two by adding the text of the second to the
    engrossment of the first and tabling the separate version of the second
    (e.g., H. Res. 209, 106th Cong., June 16, 1999, p. ----).

      * * * If a <> section is to be transposed, a question must be put on striking
    it out where it stands and another for inserting it in the place
    desired.

      This principle is followed in the practice of the House (V, 5775,
    5776).

    [[Page [251]]]

      A bill <> passed by the one House with blanks. These may be filled up by
    the other by way of amendments, returned to the first as such, and
    passed 3 Hats., 83.
      The number <> prefixed to the section of a bill, be merely a marginal
    indication, and no part of the text of the bill, the Clerk regulates
    that--the House or committee is only to amend the text.

      In the modern practice of the House, section numbers and other
    internal references are considered as part of the text which may be
    altered by amendment. The House sometimes authorizes the Clerk to make
    appropriate changes in section numbers, paragraphs and punctuation, and
    cross references when preparing the engrossment of the bill. Such a
    request is properly made in the House, following passage of the bill
    (Apr. 29, 1969, p. 10753).

    [DOCID:hd284-68]
                      sec. xxxvi--division of the question

      If a question <> contain more parts than one, it may be divided into two or
    more questions. Mem. in Hakew., 29. But not as the right of an
    individual member, but with the consent of the House. For who is to
    decide whether a question is complicated or not--where it is
    complicated--into how many propositions it may be divided? The fact is,
    that the only mode of separating a complicated question is by moving
    amendments to it; and these must be decided by the House, on a question,
    unless the House orders it to be divided; as, on the question, December
    2, 1640, making void the election of the knights for Worcester, on a
    motion it was resolved to make two questions of it, to wit, one on each
    knight.

    [[Page [252]]]

    2 Hats., 85, 86. So, wherever there are several names in a question,
    they may be divided and put one by one. 9 Grey, 444. So, 1729, April 17,
    on an objection that a question was complicated, it was separated by
    amendment. 2 Hats., 79.

      The House, by clause 5 of rule XVI and the practice thereunder, has
    entitled a procedure differing materially from that above set forth.
    While a resolution electing Members to committees is not divisible
    (clause 5 of rule XVI), other types of resolutions containing several
    names may be divided for voting (Mar. 19, 1975, p. 7344).

      The soundness <> of these observations will be evident from the
    embarrassments produced by the XVIIIth rule of the Senate, which says,
    ``if the question in debate contains several points, any member may have
    the same divided.''
      1798, May 30, the alien bill in quasi-committee. To a section and
    proviso in the original, had been added two new provisos by way of
    amendment. On a motion to strike out the section as amended, the
    question was desired to be divided. To do this it must be put first on
    striking out either the former proviso, or some distinct member of the
    section. But when nothing remains but the last member of the section and
    the provisos, they cannot be divided so as to put the last member to
    question by itself, for the provisos might thus be left standing alone
    as exceptions to a rule when the rule is taken away; or the new provisos
    might be left to a second question, after having been decided on once
    before at the same reading, which is contrary to rule. But the question
    must be on striking out the last member of the section as amended. This

    [[Page [253]]]

    sweeps away the exceptions with the rule, and relieves from
    inconsistence. A question to be divisible must comprehend points so
    distinct and entire that one of them being taken away, the other may
    stand entire. But a proviso or exception, without an enacting clause,
    does not contain an entire point or proposition.
      May 31.--The same bill being before the Senate. There was a proviso
    that the bill should not extend--1. To any foreign minister; nor, 2. To
    any person to whom the President should give a passport; nor, 3. To any
    alien merchant conforming himself to such regulations as the President
    shall prescribe; and a division of the question into its simplest
    elements was called for. It was divided into four parts, the 4th taking
    in the words ``conforming himself,'' &c. It was objected that the words
    ``any alien merchant,'' could not be separated from their modifying
    words, ``conforming,'' &c., because these words, if left by themselves,
    contain no substantive idea, will make no sense. But admitting that the
    divisions of a paragraph into separate questions must be so made as that
    each part may stand by itself, yet the House having, on the question,
    retained the two first divisions, the words ``any alien merchant'' may
    be struck out, and their modifying words will then attach themselves to
    the preceding description of persons, and become a modification of that
    description.

    [[Page [254]]]

      When a <> question is divided, after the question on the 1st member,
    the 2d is open to debate and amendment; because it is a known rule that
    a person may rise and speak at any time before the question has been
    completely decided, by putting the negative as well as the affirmative
    side. But the question is not completely put when the vote has been
    taken on the first member only. One-half the question, both affirmative
    and negative, remains still to be put. See Execut. Jour., June 25, 1795.
    The same decision by President Adams.

      Where a division of the question is demanded on a portion of an
    amendment, the Chair puts the question first on the remaining portions
    of the amendment, and that portion on which the division is demanded
    remains open for further debate and amendment (Oct. 21, 1981, p. 24785).
    However, where neither portion of a divided question remains open to
    further debate or amendment, the question may be put first on the
    portion identified by the demand for division and then on the remainder
    (June 8, 1995, p. 15302).

    [DOCID:hd284-69]
                        sec. xxxvii--coexisting questions

      It may be <> asked whether the House can be in possession of two motions
    or propositions at the same time? so that, one of them being decided,
    the other goes to question without being moved anew? The answer must be
    special. When a question is interrupted by a vote of adjournment, it is
    thereby removed from before the House, and does not stand ipso facto
    before them at their next meeting, but must come forward in the usual
    way. So, when it is interrupted by the order of the day. Such other
    privileged questions also as dispose of the main question (e.g., the

    [[Page [255]]]

    previous question, postponement, or commitment), remove it from before
    the House. But it is only suspended by a motion to amend, to withdraw,
    to read papers, or by a question of order or privilege, and stands again
    before the House when these are decided. None but the class of
    privileged questions can be brought forward while there is another
    question before the House, the rule being that when a motion has been
    made and seconded, no other can be received except it be a privileged
    one.

      The principles of this provision must, of course, be viewed in the
    light of a more highly perfected order of business than existed in
    Jefferson's time (rule XIV). The motion to withdraw is not known in the
    practice of the House, not being among the motions enumerated in clause
    4 of rule XVI, but a motion before the House may be withdrawn by the
    mover thereof before a decision is reached (clause 2 of rule XVI).

    [DOCID:hd284-70]
                       sec. xxxviii--equivalent questions

      If, on a <> question for rejection, a bill be retained, it
    passes, of course, to its next reading. Hakew., 141; Scob., 42. And a
    question for a second reading, determined negatively, is a rejection
    without further question. 4 Grey, 149. And see Elsynge's Memor., 42, in
    what case questions are to be taken for rejection.

      The House has abandoned the question ``Shall the bill be rejected?''
    (IV, 3391), and the question is now taken in accordance with clause 8 of
    rule XVI. A vote is not taken on the second reading, the first test
    coming in the modern practice of the House on the engrossment and third
    reading.

      Where questions <> are perfectly equivalent, so that the negative of the one
    amounts to the affirmative of the other, and leaves no other
    alternative, the deci

    [[Page [256]]]

    sion of the one concludes necessarily the other. 4 Grey, 157. Thus the
    negative of striking out amounts to the affirmative of agreeing; and
    therefore to put a question on agreeing after that on striking out,
    would be to put the same question in effect twice over. Not so in
    questions of amendments between the two Houses. A motion to recede being
    negatived, does not amount to a positive vote to insist, because there
    is another alternative, to wit, to adhere.

      The principles set forth in this paragraph are recognized by the
    practice of the House; but Jefferson's use of the motion to strike out
    as an illustration is no longer justified, since the practice of the
    House under clause 5(c) of rule XVI does not permit the negative of the
    motion to strike out to be equivalent to the affirmative of agreeing.

      A bill <> originating in one House is passed by the other with an
    amendment. A motion in the originating House to agree to the amendment
    is negatived. Does there result from this a vote of disagreement, or
    must the question on disagreement be expressly voted? The question
    respecting amendments from another House are--1st, to agree; 2d,
    disagree; 3d, recede; 4th, insist; 5th, adhere.

      In the House and the Senate the order of precedence of motions is as
    given in the parliamentary law, and the motions take precedence in that
    order without regard to the order in which they are moved (V, 6270,
    6324). But a motion to amend an amendment of the other House has
    precedence of the motion to agree or disagree either before the stage of
    disagreement has been reached or after the House has receded from its
    disagreement (V, 6164, 6169-6171; VIII, 3203) even after the previous
    question has been ordered on both motions before the question is divided
    (Feb. 12, 1923, p. 3512). See also the discussion in Sec. 525, infra.
    But it has been held that when the previous question has been demanded
    or ordered on a motion to concur, a motion to amend is not in order (V,
    5488). The motion to refer also takes precedence of the motions to agree
    or disagree (V, 6172-

    [[Page [257]]]

    6174), but the demanding or ordering of the previous question does not
    prevent a motion to refer (V, 5575). The motion to refer takes
    precedence of the motions to agree or disagree and, under clause 2 of
    rule XIX is in order pending a demand for or after the ordering of the
    previous question, before the stage of disagreement has been reached (V,
    5575, 6172-6174), but not after the stage of disagreement when the most
    preferential motion tending to bring the two Houses together is already
    pending (Speaker Albert, Sept. 16, 1976, p. 30887).

      1st. To <> agree; 2d. To disagree.--Either of these
    concludes the other necessarily, for the positive of either is exactly
    the equivalent to the negative of the other, and no other alternative
    remains. On either motion amendments to the amendment may be proposed;
    e.g., if it be moved to disagree, those who are for the amendment have a
    right to propose amendments, and to make it as perfect as they can,
    before the question of disagreeing is put.
      3d. To recede.--You <> may then either insist or
    adhere.                          4th. To insist.--You may then either
    recede or adhere.
      5th. To adhere.--You may then either recede or insist.
      Consequently the negative of these is not equivalent to a positive
    vote the other way. It does not raise so necessary an implication as may
    authorize the Secretary by inference to enter another vote; for two
    alternatives still remain, either of which may be adopted by the House.

      Under the earlier practice in the House it was held that voting down
    the motion to recede and concur was tantamount to insistence but not the
    equivalent of adherence (Speaker Clark, July 2, 1918, p. 8648). But the
    more recent practice is that when the House disagrees to a motion

    [[Page [258]]]

    to recede and concur in a Senate amendment some further action must be
    taken to dispose of the amendment (Speaker Bankhead, July 9, 1937, p.
    7007; Speaker McCormack, Sept. 19, 1962, p. 19945) and the question may
    recur on a pending motion to insist or such a motion is then entertained
    from the floor.

    [DOCID:hd284-71]
                            sec. xxxix--the question

    <>   The question is to be put
    first on the affirmative, and then on the
    negative side.

      Clause 6 of rule I provides more fully for putting the question.

      After the <> Speaker has put the affirmative part of the question, any
    Member who has not spoken before to the question may rise and speak
    before the negative be put; because it is no full question till the
    negative part be put. Scob., 23; 2 Hats., 73.
      But in <> small
    matters, and which are of course, such as receiving petitions, reports,
    withdrawing motions, reading papers, &c., the Speaker most commonly
    supposes the consent of the House where no objection is expressed, and
    does not give them the trouble of putting the question formally. Scob.,
    22; 2 Hats., 79, 2, 87; 5 Grey, 129; 9 Grey, 301.

    [DOCID:hd284-72]
                          sec. xl--bills, third reading

      To prevent <> bills from being passed by surprise, the House, by a
    standing order, directs that they shall not be put on their passage
    before a fixed hour, naming one at which the house is commonly full.
    Hakew., 153.

    [[Page [259]]]

      The usage of the Senate is not to put bills on their passage till
    noon.
      A bill reported and passed to the third reading, cannot on that day be
    read the third time and passed; because this would be to pass on two
    readings in the same day.
      At the <> third reading the Clerk reads the bill and delivers it to the
    Speaker, who states the title, that it is the third time of reading the
    bill, and that the question will be whether it shall pass. Formerly the
    Speaker, or those who prepared a bill, prepared also a breviate or
    summary statement of its contents, which the Speaker read when he
    declared the state of the bill, at the several readings. Sometimes,
    however, he read the bill itself, especially on its passage. Hakew.,
    136, 137, 153; Coke, 22, 115. Latterly, instead of this, he, at the
    third reading, states the whole contents of the bill verbatim, only,
    instead of reading the formal parts, ``Be it enacted,'' &c., he states
    that ``preamble recites so and so--the 1st section enacts that, &c.; the
    2d section enacts,'' &c.
      But in the Senate of the United States, both of these formalities are
    dispensed with; the breviate presenting but an imperfect view of the
    bill, and being capable of being made to present a false one; and the
    full statement being a useless waste of time, immediately after a full
    reading by the Clerk, and especially as every member has a printed copy
    in his hand.

      None of the restrictions is of effect in the modern practice of the
    House. Clause 8 of rule XVI permits a bill to be read a third time and
    passed

    [[Page [260]]]

    on the same day, and it is in order to proceed with a bill at any time,
    unless the absence of a quorum be shown.
      In the House there is no practice justifying the presentation of an
    abbreviated summary; and the procedure on third reading is definitely
    prescribed by clause 8 of rule XVI.

      A bill on <> the third reading is not to be committed for the matter or
    body thereof, but to receive some particular clause or proviso, it hath
    been sometimes suffered, but as a thing very unusual. Hakew., 156. Thus,
    27 El., 1584, a bill was committed on the third reading, having been
    formerly committed on the second, but is declared not usual. D'Ewes,
    337, col. 2; 414, col. 2.

      In the House it is in order to commit a bill after the engrossment and
    third reading where the previous question is not ordered (V, 5562); and
    by clause 2 of rule XIX the House has preserved this opportunity to
    commit even after the previous question has been ordered.

      When an <> essential provision has been omitted, rather than erase the
    bill and render it suspicious, they add a clause on a separate paper,
    engrossed and called a rider, which is read and put to the question
    three times. Elsynge's Memo., 59; 6 Grey, 335; 1 Blackst., 183. For
    examples of riders, see 3 Hats., 121, 122, 124, 156. Every one is at
    liberty to bring in a rider without asking leave. 10 Grey, 52.

      This practice is never followed in the House.

      It is <> laid down, as a general rule, that amendments proposed at
    the second reading shall be twice read, and those proposed at the third
    reading thrice

    [[Page [261]]]

    read; as also all amendments from the other House. Town., col. 19, 23,
    24, 25, 26, 27, 28.

      In the practice of the House, amendments, whether offered in the House
    or coming from the other House, do not come under the rule requiring
    different readings.

      It is <> with
    great and almost invincible reluctance that amendments are admitted at
    this reading, which occasion erasures or interlineations. Sometimes a
    proviso has been cut off from a bill; sometimes erased. 9 Grey, 513.
      This is the proper stage for filling up blanks; for if filled up
    before, and now altered by erasure, it would be peculiarly unsafe.

      In the House bills are amended after the second reading (IV, 3392),
    and before the engrossment and third reading (V, 5781; VII, 1051, 1052)
    but not afterwards. Under modern practice of the House, readings are
    governed by clause 8 of rule XVI and clause 5 of rule XVIII.

      At this <> reading the bill is debated afresh, and for the most part is
    more spoken to at this time than on any of the former readings. Hakew.,
    153.
      The debate on the question whether it should be read a third time, has
    discovered to its friends and opponents the arguments on which each side
    relies, and which of these appear to have influence with the House; they
    have had time to meet them with new arguments, and to put their old ones
    into new shapes. The former vote has tried the strength of the first
    opinion, and furnished grounds to estimate the issue; and the question
    now offered for its passage is the last occasion which is ever to be
    offered for carrying or rejecting it.

    [[Page [262]]]

      In the House it is usual to debate a bill before and not after the
    engrossment and third reading, probably because of the frequent use of
    the previous question, which prevents all debate after it is ordered.
    When the previous question is not ordered, debate may occur pending the
    vote on passage.

      When the <> debate is ended, the Speaker, holding the bill in his hand, puts
    the question for its passage, by saying, ``Gentlemen, all you who are of
    opinion that this bill shall pass, say aye;'' and after the answer of
    the ayes, ``All those of the contrary opinion, say no.'' Hakew., 154.

      In the House the bill is usually in the hands of the Clerk. The
    Speaker states that ``The question is on the passage of the bill,'' and
    puts the question in the form prescribed by clause 6 of rule I.

    <>   After the
    bill is passed, there can be no further alteration of it in any
    point. Hakew., 159.

      This principle controls the practice of the House. However, a bill may
    be changed if the votes on passage, engrossment, and ordering the
    previous question have been reconsidered. In addition, the Clerk may be
    authorized to make changes in the engrossed copy by unanimous consent or
    by special order of business.

    [DOCID:hd284-73]
                         sec. xli--division of the house

      The affirmative and <> negative of the question having been both put
    and answered, the Speaker declares whether the yeas or nays have it by
    the sound, if he be himself satisfied, and it stands as the judgment of
    the House. But if he be not himself satisfied which voice is the
    greater, or if before any other Member comes into the House, or before
    any new motion made (for it is too late after that), any Member shall
    arise and declare himself dissatisfied with the Speaker's

    [[Page [263]]]

    decision, then the Speaker is to divide the House. Scob., 24; 2 Hats.,
    140.

      This practice is provided for in different language by clause 6 of
    rule I.

      When the <> House of Commons is divided, the one
    party goes forth, and the other remains in the House. This has made it
    important which go forth and which remain; because the latter gain all
    the indolent, the indifferent, and inattentive. Their general rule,
    therefore, is that those who give their vote for the preservation of the
    orders of the House shall stay in, and those who are for introducing any
    new matter or alteration, or proceeding contrary to the established
    course, are to go out. But this rule is subject to many exceptions and
    modifications. 2 Hats., 134; 1 Rush., p. 3, fol. 92; Scob., 43, 52; Co.,
    12, 116; D'Ewes, 505, col. 1; Mem. in Hakew., 25, 29.
      The one party being gone forth, the Speaker names two tellers from the
    affirmative and two from the negative side, who first count those
    sitting in the House and report the number to the Speaker. Then they
    place themselves within the door, two on each side, and count those who
    went forth as they come in and report the number to the Speaker. Mem. in
    Hakew., 26.

      In modern practice in the House of Commons, once the Chair determines
    a sufficient request for a ``division,'' all Members leave the Chamber
    and are recorded in the yes and no division lobbies. In the House of
    Representatives, the provision in former clause 5 of rule I that
    provided for teller votes was repealed by the 103d Congress. Under the
    former procedure tellers took their place at the rear of the center
    aisle when named by the Chair, and Members passed between them to be
    counted but not recorded by name. Clause 1(b) of rule XX provides for
    taking a recorded vote by

    [[Page [264]]]

    means of the electronic voting system when supported by one-fifth of a
    quorum.

    <>
    A mistake in the report of the tellers may be rectified after the report
    made. 2 Hats., 145, note.
    * * * * *
      When it <> is proposed to
    take the vote by yeas and nays, the President or Speaker states that
    ``the question is whether, e.g., the bill shall pass--that it is
    proposed that the yeas and nays shall be entered on the journal. Those,
    therefore, who desire it will rise.'' If he finds and declares that one-
    fifth have risen, he then states that ``those who are of opinion that
    the bill shall pass are to answer in the affirmative; those of the
    contrary opinion in the negative.'' The Clerk then calls over the names
    alphabetically, notes the yea or nay of each, and gives the list to the
    President or Speaker, who declares the result. In the Senate if there be
    an equal division the Secretary calls on the Vice-President and notes
    his affirmative or negative, which becomes the decision of the House.

      In the House tellers were sometimes, though rarely, ordered to
    determine whether one-fifth joined in the demand for the yeas and nays
    (V, 6045) but in the later practice the Speaker's count is not subject
    to verification (VIII, 3114-3118), and it is not in order to demand a
    rising vote of those opposed on a count by the Speaker to ascertain if
    one-fifth concur in demand for yeas and nays (VIII, 3112, 3113). Clause
    1 of rule XX of the House provides the method for taking the yeas and
    nays in the modern practice; but under clause 2 of that rule both the
    yeas and nays and calls of the House are taken by means of the
    electronic voting system unless the Speaker in his discretion orders the
    utilization of other prescribed procedures.

    [[Page [265]]]

      In the <> House of Commons every member must give his vote the one way or
    the other, Scob., 24, as it is not permitted to anyone to withdraw who
    is in the House when the question is put, nor is anyone to be told in
    the division who was not in when the question was put. 2 Hats., 140.
      This last position is always true when the vote is by yeas and nays;
    where the negative as well as affirmative of the question is stated by
    the President at the same time, and the vote of both sides begins and
    proceeds pari passu. It is true also when the question is put in the
    usual way, if the negative has also been put; but if it has not, the
    member entering, or any other member may speak, and even propose
    amendments, by which the debate may be opened again, and the question be
    greatly deferred. And as some who have answered aye may have been
    changed by the new arguments, the affirmative must be put over gain. If,
    then, the member entering may, by speaking a few words, occasion a
    repetition of a question, it would be useless to deny it on his simple
    call for it.

      Clause 1 of rule III requires Members to vote; but no rule excludes
    from voting those not present at the putting of the question, and this
    requirement of the parliamentary law is not observed in the House. No
    attempt is made to prevent Members from withdrawing after a question is
    put, unless there be a question as to a quorum, when the House proceeds
    under clauses 5 and 6 of rule XX.

    [[Page [266]]]

      While the <> House is telling, no member may speak or move out of his
    place, for if any mistake be suspected it must be told again. Mem. in
    Hakew., 26; 2 Hats., 143.

      This rule applies in the House on a vote by division, where the
    Speaker counts; but did not apply to the former vote by tellers, where
    Members passed between tellers at the rear of the center aisle to be
    counted.

      If any <> difficulty arises in point of order during the division, the
    Speaker is to decide peremptorily, subject to the future censure of the
    House if irregular. He sometimes permits old experienced members to
    assist him with their advice, which they do sitting in their seats,
    covered, to avoid the appearance of debate; but this can only be with
    the Speaker's leave, else the division might last several hours. 2
    Hats., 143.

      Representatives no longer sit with their hats on (clause 5 of rule
    XVII) and always rise to speak; respectfully addressing their remarks to
    ``Mr. Speaker'' (clause 1 of rule XVII).

      The voice <> of the majority decides; for the lex majoris partis is the law
    of all councils, elections, &c., where not otherwise expressly provided.
    Hakew., 93. But if the House be equally divided, semper presuamtur pro
    negante; that is, the former law is not to be changed but by a majority.
    Towns., col. 134.

      The House provides also by rule (clause 1 of rule XX) that in the case
    of a tie vote the question shall be lost.-
      The House of <> Representatives,
    however, requires a two-thirds vote on a motion to suspend the rules
    (clause 1 of rule XV), on a motion to dispense with Calendar Wednesday
    (clause 7 of rule XV), on a motion to dispense with the

    [[Page [267]]]

    call of the Private Calendar on the first Tuesday of each month (clause
    5 of rule XV), and to consider a special rule immediately (clause 6 of
    rule XIII), and the Constitution of the United States requires two-
    thirds votes for the expulsion of a Member, passing vetoed bills,
    removing political disabilities, and passing joint resolutions proposing
    amendments to the Constitution.-
      The standing <> rules also
    require a three-fifths vote for passage or adoption of a bill, a joint
    resolution, an amendment thereto, or a conference report thereon, if
    carrying a Federal income tax rate increase (clause 5(b) of rule XXI) or
    for passage of a bill called from the Corrections Calendar (clause 6 of
    rule XV).

      When from <> counting the House on a division it appears that there is not
    a quorum, the matter continues exactly in the state in which it was
    before the division, and must be resumed at that point on any future
    day. 2 Hats., 126.

      While under the rules first adopted in the 95th Congress it is not in
    order to make or entertain a point of no quorum unless the question has
    been put on the pending motion or proposition, if a quorum in fact does
    not respond on a call of the House or on a vote, even the most highly
    privileged business must terminate (IV, 2934; VI, 662) and even debate
    must stop until a quorum is established (see IV, 2935-2949). No motion
    is entertained in the absence of a quorum other than a motion relating
    to the call of the House or to adjourn (IV, 2950; VI, 680). Even in the
    closing hours of a Congress business has been stopped by the failure of
    a quorum (V, 6309; Oct. 18, 1972, p. 37199).

      1606, May 1, <> on a question
    whether a Member having said yea may afterwards sit and change his
    opinion, a precedent was remembered by the Speaker, of Mr. Morris,
    attorney of the wards, in 39 Eliz., who in like case changed his
    opinion. Mem. in Hakew., 27.

      The House is governed in this respect by the practice under clause 2
    of rule XX.

    [[Page [268]]]

    [DOCID:hd284-74]
                                sec. xlii--titles

      After the <> bill
    has passed, and not before, the title may be amended, and is to be fixed
    by a question; and the bill is then sent to the other House.

      The House by clause 6 of rule XVI embodies this principle with an
    additional provision as to debate.

    [DOCID:hd284-75]
                           sec xliii--reconsideration

      1798, Jan. <> A bill on its second reading being amended, and on
    the question whether it shall be read a third time negatived, was
    restored by a decision to reconsider that question. Here the votes of
    negative and reconsideration, like positive and negative quantities in
    equation, destroy one another, and are as if they were expunged from the
    journals. Consequently the bill is open for amendment, just so far as it
    was the moment preceding the question for the third reading; that is to
    say, all parts of the bill are open for amendment except those on which
    votes have been already taken in its present stage. So, also, it may be
    recommitted.
      The rule permitting a reconsideration of a question affixing it to no
    limitation of time or circumstance, it may be asked whether there is no
    limitation? If, after the vote, the paper on which it is passed has been
    parted with, there can be no reconsideration, as if a vote has been for
    the passage of a bill and the bill has been sent to the other House. But
    where the paper remains, as on a bill rejected, when or under what

    [[Page [269]]]

    circumstances does it cease to be susceptible of reconsideration? This
    remains to be settled, unless a sense that the right of reconsideration
    is a right to waste the time of the House in repeated agitations of the
    same question, so that it shall never know when a question is done with,
    should induce them to reform this anomalous proceeding.

      The House provides for reconsideration by clause 3 of rule XIX.

      In Parliament <> a question once carried can not be questioned again
    at the same session, but must stand as the judgment of the House.
    Towns., col. 67; Mem. in Hakew., 33. * * *
      * * * And a <> bill once rejected, another of the same
    substance can not be brought in again the same session. Hakew., 158; 6
    Grey, 392. But this does not extend to prevent putting the same question
    in different stages of a bill, because every stage of a bill submits the
    whole and every part of it to the opinion of the House as open for
    amendment, either by insertion or omission, though the same amendment
    has been accepted or rejected in a former stage. So in reports of
    committees, e.g., report of an address, the same question is before the
    House, and open for free discussion. Towns., col. 26; 2 Hats., 98, 100,
    101. So orders of the House or instructions to committees may be
    discharged. So a bill, begun in one House and sent to the other and
    there rejected, may be renewed again in that other, passed, and sent
    back. Ib., 92; 3 Hats., 161. Or if, instead of

    [[Page [270]]]

    being rejected, they read it once and lay it aside or amend it and put
    it off a month, they may order in another to the same effect, with the
    same or a different title. Hakew., 97, 98.

      In the House, with its rule for reconsideration, there is rarely an
    attempt to bring forward a bill once rejected at the same session. One
    instance is recorded (IV, 3384), but the House has declined to consider
    a bill brought forward after a rejection (IV, 3384; Mar. 9, 1910, p.
    2966). The Committee on Rules may report as privileged a resolution
    making in order the consideration of a measure of the same substance as
    one previously rejected and to rescind or vacate the action whereby the
    House had rejected a measure (VIII, 3391; Mar. 17, 1976, p. 6776); and a
    special order of business nearly identical to one previously rejected by
    the House, but providing a different scheme for general debate, was held
    not to violate this section (July 27, 1993, p. 17115).

      Divers expedients <> are used to correct the effects of this rule,
    as, by passing an explanatory act, if anything has been omitted or ill
    expressed, 3 Hats., 278, or an act to enforce and make more effectual an
    act, &c., or to rectify mistakes in an act, &c., or a committee on one
    bill may be instructed to receive a clause to rectify the mistakes of
    another. Thus, June 24, 1685, a clause was inserted in a bill for
    rectifying a mistake committed by a clerk in engrossing a bill of
    supply. 2 Hats., 194, 6. Or the session may be closed for one, two,
    three, or more days and a new one commenced. But then all matters
    depending must be finished, or they fall, and are to begin de novo. 2
    Hats., 94, 98. Or a part of the subject may be taken up by another bill
    or taken up in a different way. 6 Grey, 304, 316.

    [[Page [271]]]

      And in <> cases of the last magnitude this rule has not
    been so strictly and verbally observed as to stop indispensable
    proceedings altogether. 2 Hats., 92, 98. Thus when the address on the
    preliminaries of peace in 1782 had been lost by a majority of one, on
    account of the importance of the question and smallness of the majority,
    the same question in substance, though with some words not in the first,
    and which might change the opinion of some Members, was brought on again
    and carried, as the motives for it were thought to outweigh the
    objection of form. 2 Hats, 99, 100.
      A second <> bill may
    be passed to continue an act of the same session or to enlarge the time
    limited for its execution. 2 Hats., 95, 98. This is not in contradiction
    to the first act.

      The House has by a joint resolution corrected an error in a bill that
    had gone to the President (IV, 3519).

    [DOCID:hd284-76]
                    sec. xliv--bills sent to the other house

    <>   A
    bill from the other House is sometimes ordered to lie on the table. 2
    Hats., 97.

      This principle is recognized in the practice of the House, both as to
    Senate bills (IV, 3418, 3419; V, 5437), and as to House bills returned
    with Senate amendments (V, 5424, 6201-6203). The motion to lay on the
    table Senate amendments to a House bill does not take precedence over
    the motion to recede and concur, since the motion would table the entire
    bill (Speaker Longworth, Jan. 24, 1927, p. 2165), but the motion to lay
    on the table a motion to recede and concur in a Senate amendment does
    not carry the amendment and bill to the table, and other motions are in
    order to dispose of the Senate amendment (Feb. 22, 1978, p. 4072).

    [[Page [272]]]

      When bills <> passed in one House and sent to the other are ground on special
    facts requiring proof, it is usual, either by message or at a
    conference, to ask the grounds and evidence, and this evidence, whether
    arising out of papers or from the examination of witnesses, is
    immediately communicated. 3 Hats., 48.

      The Houses of Congress transmit with bills accompanying papers, which
    are returned when the bills pass or at final adjournment (V, 7259,
    footnote). Sometimes one House has asked, by resolution, for papers from
    the files of the other (V, 7263, 7264). Testimony is also requested
    (III, 1855).

    [DOCID:hd284-77]
                     sec. xlv--amendments between the houses

      When either <> House, e.g., the House of
    Commons, send a bill to the other, the other may pass it with
    amendments. The regular progression in this case is, that the Commons
    disagree to the amendment; the Lords insist on it; the Commons insist on
    their disagreement; the Lords adhere to their amendment; the Commons
    adhere to their disagreement. The term of insisting may be repeated as
    often as they choose to keep the question open. But the first adherence
    by either renders it necessary for the other to recede or adhere also;
    when the matter is usually suffered to fall. 10 Grey, 148. Latterly,
    however, there are instances of their having gone to a second adherence.
    There must be an absolute conclusion of the subject somewhere, or
    otherwise transactions between the Houses would become endless. 3 Hats.,
    268, 270. The term of insisting, we are told by Sir John Trevor, was
    then (1679)

    [[Page [273]]]

    newly introduced into parliamentary usage by the Lords. 7 Grey, 94. It
    was certainly a happy innovation, as it multiplies the opportunities of
    trying modifications which may bring the Houses to a concurrence. Either
    House, however, is free to pass over the term of insisting, and to
    adhere in the first instance; 10 Grey, 146; but it is not respectful to
    the other. In the ordinary parliamentary course there are two free
    conferences, at least, before an adherence. 10 Grey, 147.

      The House and the Senate follow the principles set forth in this
    paragraph of the parliamentary law, and sometimes dispose of differences
    without resorting to conferences (V, 6165).
      Where both <> Houses insist and neither ask a conference nor recede, the
    bill fails (V, 6228). Where both Houses adhere, the bill fails (V, 6163,
    6313, 6324, 6325) even though the difference may be over a very slight
    amendment (V, 6233-6240). In rare instances in Congress there have been
    immediate adherences on the first disagreement (V, 6303); but this does
    not preclude the granting of the request of the other House for a
    conference (V, 6241-6244). Sometimes the House recedes from its
    disagreement as to certain amendments and adheres as to others (V,
    6229). A House having adhered may at the next stage vote to further
    adhere (V, 6251). Sometimes the House has receded from adherence (V,
    6252, 6401) or reconsidered its action of adherence (V, 6253), after
    which it has agreed to the amendment with or without amendment (V, 6253,
    6401).

      Either House <> may
    recede from its amendment and agree to the bill; or recede from their
    disagreement to the amendment, and agree to the same absolutely, or with
    an amendment; for here the disagreement and receding destroy one
    another, and the subject stands as before the disagreement. Elysnge, 23,
    27; 9 Grey, 476.

    [[Page [274]]]

      In the <> practice of the two Houses
    of Congress the motion is to recede from the amendment without at the
    same time agreeing to the bill, for the bill has already been passed
    with the amendment, and receding from the amendment leaves the bill
    passed (V, 6312). But where the House has previously concurred in a
    Senate amendment with an amendment, the House does not by receding from
    its amendment agree to the Senate amendment, since the House may then
    (1) concur in the Senate amendment or (2) concur in the Senate amendment
    with another amendment (VIII, 3199; Oct. 12, 1977, pp. 33448-54). The
    House may not through one motion, however, recede from its amendment
    with an amendment (V, 6212; see Sec. 526, infra). A motion in the House
    to recede from a House amendment to a Senate amendment, and concur in
    the Senate amendment, is divisible (VIII, 3199). One House has receded
    from its own amendment after the other House had returned it concurred
    in with an amendment (V, 6226). However, this has been held insufficient
    to pass the bill without further action by the House that concurred with
    an amendment (VIII, 3177; June 26, 1984, p. 18733).
      Where one House has receded from an amendment, it may not at a
    subsequent stage recall its action in order to form a new basis for a
    conference (V, 6251). Sometimes one House has receded from its amendment
    although it had previously insisted and asked a conference which had
    been agreed to (V, 6319). After the Senate has amended a House amendment
    it is not proper for the House to recede from its amendment directly,
    but the Senate may recede from its amendment and then the House recede
    from its amendment (Speaker Reed, June 12, 1890, p. 5981). The motion to
    recede takes precedence over the motion to insist and ask a conference
    (V, 6270).
      By receding <> from its
    disagreement to an amendment of the Senate the House does not thereby
    agree to it (V, 6215); but the Senate amendment is then open to
    amendment precisely as before the original disagreement (V, 6212-6214).
    The stage of disagreement having been reached, the motion to recede and
    concur takes precedence of the motion to recede and concur with an
    amendment (V, 6219-6223; VIII, 3198, 3200, 3202); but a motion to recede
    and concur is divisible (VIII, 3199) and being divided and the House
    having receded, a motion to amend has precedence of the motion to concur
    (V, 6209-6211; VIII, 3198), even after the previous question is ordered
    on both motions before being divided (Feb. 12, 1923, p. 3512).
      The motion to recede and concur in a Senate amendment with an
    amendment takes precedence of a motion to insist further on the House's
    disagreement to the Senate amendment (V, 6224; VIII, 3204), and a motion
    to lay certain amendments on the table (Speaker Longworth, Jan. 24,
    1927, p. 2165). It has been held that after the previous question has
    been moved on a motion to adhere, a motion to recede may not be made (V,
    6310); and after the previous question is demanded or ordered on a
    motion to

    [[Page [275]]]

    concur, a motion to amend is not in order (V, 5488); but where the
    previous question has been demanded on a motion to insist, a motion to
    recede and concur has been admitted (V, 6208, 6321a).

      But the <> House can not recede from or insist on its own amendment,
    with an amendment; for the same reason that it can not send to the other
    House an amendment to its own act after it has passed the act. They may
    modify an amendment from the other House by ingrafting an amendment on
    it, because they have never assented to it; but they can not amend their
    own amendment, because they have, on the question, passed it in that
    form. 9 Grey, 363; 10 Grey, 240. In Senate, March 29, 1798. Nor where
    one House has adhered to their amendment, and the other agrees with an
    amendment, can the first House depart from the form which they have
    fixed by an adherence.
      In the case of a money bill, the Lord's proposed amendments become, by
    delay, confessedly necessary. The Commons, however, refused them as
    infringing on their privilege as to money bills; but they offered
    themselves to add to the bill a proviso to the same effect, which had no
    coherence with the Lords' amendments; and urged that it was an expedient
    warranted by precedent, and not unparliamentary in a case become
    impracticable, and irremediable in any other way. 3 Hats., 256, 266,
    270, 271. But the Lords refused, and the bill was lost. 1 Chand., 288. A
    like case, 1 Chand., 311. * * *

    [[Page [276]]]

      In the House it is a recognized principle that the House may not
    recede from its own amendments with an amendment (V, 6216-6218). The
    House may not amend its own amendment to a Senate amendment to a House
    bill (Mar. 16, 1934, p. 4685). However, the stage of disagreement having
    been reached on a House amendment to a Senate amendment to a House
    proposition, the House may first recede from its amendment and, having
    receded, may then concur in the Senate amendment with a different
    amendment without violating this paragraph (Speaker O'Neill, Oct. 12,
    1977, pp. 33448-54).

      * * * So the <> Commons resolved that it is unparliamentary to
    strike out, at a conference, anything in a bill which hath been agreed
    and passed by both Houses, 6 Grey, 274; 1 Chand., 312.

      The practice of the two Houses has confirmed this principle of the
    parliamentary law and established the rule that managers of a conference
    may not change the text to which both Houses have agreed (V, 6417, 6418,
    6420; VIII, 3257; see clause 9 of rule XXII), and neither House, alone,
    may empower the managers by instruction to make such a change (V, 6388).
    In the earlier practice, when it was necessary to change text already
    agreed to, the managers appended a supplementary paragraph to their
    report, and this was agreed to by unanimous consent in the two Houses
    (V, 6433-6436); or the two Houses agreed to a concurrent resolution
    giving the managers the necessary powers (V, 6437-6439; Dec. 17, 1974,
    p. 40472). Under the current practice the House considers a conference
    report that changes text already agreed to by unanimous consent, under
    suspension of the rules, or by report from the Committee on Rules
    waiving clause 9 of rule XXII.
      To change text finally agreed to by both Houses, each House may adopt
    a concurrent resolution directing the Clerk of the House or the
    Secretary of the Senate to correct the enrollment. Such a concurrent
    resolution may be considered by unanimous consent, under suspension of
    the rules, or by report from the Committee on Rules.
      The further principle has been established in practice of the House
    that it may not, even by unanimous consent (V, 6179), change in the
    slightest particular (V, 6181) the text to which both Houses have agreed
    (V, 6180; VIII, 3257). And this prohibition extends, also, to a case
    wherein it is proposed to add a new section at the end of a bill which
    has passed both Houses (V, 6182).

    [[Page [277]]]

    <>   A motion to amend an amendment from the other
    House takes precedence of a motion to agree or disagree.

      This is the rule of the House where the stage of disagreement has not
    been reached (V, 6164, 6169-71; VIII, 3202), or when the House has
    receded from its disagreement to the amendment in question (VIII, 3196,
    3197, 3203). The following discussion summarizes the precedence and
    consideration of motions to dispose of Senate or House amendments in
    contemporary practice.
      When Senate <> amendments are before the House for the first time, or
    when the Senate has returned a bill with House amendments to which it
    has disagreed (and on which the House has not insisted), no privileged
    motion is in order in the House except a motion pursuant to clause 1 of
    rule XXII, made by direction of the committee with subject-matter
    jurisdiction, to disagree to the Senate amendments or insist on the
    House amendment and request or agree to a conference with the Senate
    (see Oct. 11, 1984, p. 32308). Other motions to dispose of amendments
    between the Houses are not privileged until the stage of disagreement
    has been reached on a bill with amendments of the other House (clause 4
    of rule XXII; IV, 3149, 3150; VI, 756; VIII, 3185, 3194). The stage of
    disagreement is not reached until the House has either disagreed to
    Senate amendments or has insisted on its own amendments to a Senate
    bill, and has notified the Senate. Further House action can only occur
    when the House has received the papers back from the Senate (Sept. 16,
    1976, p. 30868).
      Prior to the stage of disagreement, an amendment to a Senate amendment
    to a House-passed measure on the Speaker's table is not in order until
    an order is entered for consideration of the Senate amendment in the
    House (Speaker O'Neill, June 19, 1986, pp. 14638-40).
      If the House does agree to consider a bill with Senate amendment
    before the stage of disagreement has been reached, by unanimous consent
    or special order of business, a motion to amend takes precedence over
    the motion to agree. However, the usual practice in such a situation is
    to consider a request, either by unanimous consent, suspension of the
    rules, or special order of business reported by the Committee on Rules,
    simultaneously providing for consideration and disposition of the Senate
    amendment (thus precluding the consideration of other requests to
    dispose of the amendment (see Deschler-Brown, ch. 32, Sec. 5)).
      It should be noted that a small category of Senate amendments, those
    not requiring consideration in the Committee of the Whole, may be taken
    from the Speaker's table and disposed of by motion pursuant to clause 2
    of rule XXII before the stage of disagreement has been reached, but

    [[Page [278]]]

    the vast majority of legislation does affect the Treasury (as described
    in clause 1 of rule XIII) and requires consideration in Committee of the
    Whole.
      Should the <> House consider Senate amendments before the stage of
    disagreement, the precedence of nonprivileged motions is as follows
    (disregarding the privileged motion to disagree and send to conference
    by direction of the committee): (1) to concur with amendment; (2) to
    concur; (3) to disagree and request or agree to a conference; and (4) to
    disagree. With respect to consideration of House amendments before the
    stage of disagreement, the precedence of motions is (1) to recede; (2)
    to insist and request or agree to a conference; and (3) to insist. While
    the House may adhere, adherence is seldom utilized (since it precludes a
    conference unless receded from) and is extremely rare on first
    disagreement (see Sec. 522, supra; see also the discussion of adherence
    in Deschler-Brown, ch. 32, Sec. 12). A motion to adhere is the least
    privileged motion.
      It was formerly held that a motion to send to conference yielded to
    the simple motion to disagree, or to insist (see Cannon's Procedure in
    the House of Representatives, p. 120). In current practice, however, the
    compound motion to disagree to Senate amendments and request or agree to
    a conference, or to insist on House amendments and request or agree to a
    conference, has replaced the two-step procedure for getting to
    conference and, since it brings the two Houses together, takes
    precedence over simple motions to insist or disagree (or to adhere).
      Notwithstanding the foregoing precedence of motions, the ordinary
    motions applicable to any question which is under debate--to table, to
    postpone to a day certain, and to refer--remain available under clause 4
    of rule XVI. A motion to table Senate amendments brings the bill to the
    table (V, 5424, 6201-6203; Sept. 28, 1978, p. 32334). It must also be
    noted that before consideration of any motions to dispose of Senate
    amendments, the Speaker has the discretionary authority, under clause 2
    of rule XIV, to refer such amendments to the appropriate committee, with
    or without a time limitation for committee consideration. It has been
    held that before the stage of disagreement, the motion to table the
    Senate amendment or amendments (V, 6201-6203) or the motion to refer the
    Senate amendment or amendments (V, 5301, 6172, 6174) take precedence (in
    that order) over motions to amend, agree, or disagree. And if the
    previous question has been ordered on another motion to dispose of the
    Senate amendment, a motion to refer is in order (V, 5575).
      The House <> has
    reached the stage of disagreement on a bill when it is again in
    possession of the papers thereon, having previously disagreed to Senate
    amendments or insisted on House amendments (with or without requesting
    or agreeing to a conference). Only previous insistence or disagreement
    by the House itself places the House in disagreement (and not merely
    disagreement, insistence, or amendment by the Senate). For example,
    where the House has concurred in a Senate amendment to a House bill with

    [[Page [279]]]

    an amendment, insisted on the House amendment and requested a
    conference, and the Senate has then concurred in the House amendment
    with a further amendment, the matter is privileged for further
    disposition in the House since the House has communicated to the Senate
    its insistence and request for a conference (Sept. 16, 1976, p. 20868).
    Of course, if the Senate has agreed to a House request for a conference,
    the bill is committed to conference and motions are not in order for its
    disposition until after the conferees have reported (the House may
    unilaterally discharge its conferees and consider the bill, where in
    possession of the papers, only by unanimous consent, special order, or
    suspension of the rules, and not by motion).
      Once the stage of disagreement has been reached on a bill with
    amendments, the House remains in the stage of disagreement until the
    matter is finally disposed of and motions for its disposition are
    privileged whenever the House is in possession of the papers. This
    principle applies both where the stage of disagreement is reached
    without a conference, and where matters remain in disagreement after
    conferees have reported. It is possible, therefore, for motions to be
    privileged since the House is in disagreement on the bill, but for the
    House to have receded from its disagreement or insistence on a
    particular amendment or to have received a new Senate amendment for the
    first time. In those cases motions remain privileged, but the precedence
    of motions on the amendment in question reverts to the precedence of
    motions before the stage of disagreement, as set forth in Sec. 528b,
    supra (see discussion below of the effect of the House's receding). The
    two Houses having permitted the amendment process to go beyond the
    second degree, a motion to concur in a Senate amendment (in the 4th
    degree), the stage of disagreement having been reached, is privileged
    but is subject to the motion to lay on the table (Mar. 18, 1986, p.
    5217).
      Generally, after <> the stage of disagreement has been reached on a
    Senate amendment, the precedence of motions is as follows: (1) to recede
    and concur; (2) to recede and concur with an amendment or amendments;
    (3) to insist on disagreement and request a (further) conference; (4) to
    insist on disagreement; and (5) to adhere. The Chair may examine the
    substance of a pending motion to determine the precedence thereof in
    relation to another motion, even though in form it may appear
    preferential. Thus, a proper motion to concur with an amendment to a
    Senate amendment reported from conference in disagreement (the House
    having receded) has been offered and voted on before a pending motion
    drafted as one to concur with an amendment but in actual effect a motion
    to insist on disagreement to the Senate amendment, because simply
    reinserting the original House text without change (Deschler-Brown, ch.
    31, Sec. 8.12). The ordinary motion to table under clause 4 of rule XVI
    may be applied to a Senate amendment but carries the bill to the table.
    When applied to a motion to dispose of a Senate amendment, the motion to
    table carries to the table only the motion to dispose and not the
    amendment or bill (see Deschler-Brown,

    [[Page [280]]]

    ch. 32, Sec. 7.27). With respect to the motion to refer (or recommit), a
    simple motion to refer or recommit only takes precedence over a motion
    to adhere, after the stage of disagreement has been reached on the bill.
    After the previous question is ordered on a pending motion to dispose of
    a Senate amendment, a motion to recommit (pursuant to clause 2 of rule
    XIX) may only be offered if it constitutes, in effect, a motion which
    takes precedence over the pending motion to dispose of a Senate
    amendment. Thus, after the stage of disagreement has been reached on a
    Senate amendment, a motion to recommit with instructions to report back
    forthwith with an amendment may not be offered after the previous
    question has been ordered on a motion to recede and concur, a motion of
    higher privilege (see Deschler-Brown, ch. 32, Sec. 7.5). However, after
    the House has receded from disagreement to a Senate amendment, a motion
    to amend is preferential over a motion to agree, and thus after the
    previous question is ordered on a motion to concur, the House having
    already receded, a motion to recommit with instructions to amend would
    be in order (VIII, 2744). Motions to postpone, either to a day certain
    or indefinitely, have the lowest privilege with respect to a Senate
    amendment after the stage of disagreement has been reached. For old
    examples where the House postponed indefinitely consideration of Senate
    amendments, see V, 6199, 6200 (in the latter case the Senate had
    adhered). Clause 8(b)(3) of rule XXII makes preferential and separately
    debatable a motion to insist on disagreement to a Senate amendment to a
    general appropriation bill, if: (1) the Senate amendment has been
    reported from conference in disagreement; (2) the original motion to
    dispose of the Senate amendment proposes to change existing law; and (3)
    the motion to insist is timely offered by the chairman of a committee of
    jurisdiction or a designee.
      Where the matter in question is a House amendment or amendments after
    the stage of disagreement has been reached, the precedence of motions is
    (1) to recede; (2) to further insist on the amendment and request a
    (further) conference; and (3) to adhere. For discussion of possible
    options of the House, having receded from its amendment or amendments,
    see Sec. 524, supra, and Deschler-Brown, ch. 32, Sec. 7. If the House
    recedes from its amendment to a Senate bill, the bill is passed unless
    otherwise specified. If the House recedes from its amendment to a Senate
    amendment, the bill is not passed unless the House takes another step,
    either to concur in the Senate amendment or amend it. The House having
    receded from its amendment to a Senate amendment, it is no longer in
    disagreement on the amendment (although it is on the bill if the stage
    of disagreement has previously been reached), and the motion to amend
    the Senate amendment takes precedence over the motion to concur therein.
    Until the House recedes, however, a motion to recede from the House
    amendment and concur in the Senate amendment is preferential. A
    conference report held to violate clause 9 of rule XXII was vitiated,
    after which a privileged motion to recede and concur in a Senate
    amendment with an amendment incor

    [[Page [281]]]

    porating by reference the text of an introduced House bill was offered
    (Nov. 14, 2002, p. ----).
      The same principle as to the precedence of motions after a division of
    the question applies to a motion to recede and concur in a Senate
    amendment, the stage of disagreement having been reached. While the
    motion to recede and concur takes precedence over the motion to recede
    and concur with an amendment, the former motion may be divided on the
    demand of any Member. If the House agrees to recede, a motion to concur
    with an amendment then takes precedence over the motion to concur, is
    considered as pending if part of the original motion, and is voted on
    first (Sept. 30, 1988, pp. 27265-74; Oct. 11, 1989, p. 24097). As
    indicated in Deschler-Brown, ch. 32, Sec. 8.2, a Member offering a
    preferential motion does not thereby gain control of the debate, which
    remains in the control of the floor manager recognized to offer the
    original motion to dispose of amendments between the Houses (and which
    is divided equally between the majority and minority floor managers with
    respect to amendments reported from conference in disagreement under
    clause 7(b) of rule XXII). Recognition to offer a preferential motion
    goes to the senior committee member seeking the floor who is not the
    offeror of a displaced motion of lesser privilege (Nov. 16, 1989, p.
    29565). Although the manager of a conference report is entitled to prior
    recognition to offer motions to dispose of amendments in disagreement,
    he should not be entitled to offer two motions, one preferential to the
    other, to be pending at the same time. However, where his first motion
    to insist on disagreement has been superseded by the House's voting to
    recede from disagreement, then his initial motion is no longer pending;
    and he may be recognized to offer another motion to concur with an
    amendment, which would be preferential to the remaining portion of
    another Member's divided motion to concur (Deschler-Brown, ch 32,
    Sec. 8.2). This is to be contrasted with the situation where the bill
    manager offers a motion to dispose of a Senate amendment which is
    rejected by the House, in which case recognition to offer a subsequent
    motion to dispose of the pending Senate amendment shifts to another
    Member who led the opposition to the rejected motion (see Sec. 954,
    infra).

      A bill <> originating in one House is passed by the other with an
    amendment.     The originating House agrees to their amendment with an
    amendment. The other may agree to their amendment with an amendment,
    that being only in the 2d and not the 3d degree; for, as to the amending
    House, the first amendment with which they passed the bill is a part of
    its text. It is the only

    [[Page [282]]]

    text they have agreed to. The amendment to that text by the originating
    House therefore is only in the 1st degree, and the amendment to that
    again by the amending House is only in the 2d, to wit, an amendment to
    an amendment, and so admissible. Just so, when, on a bill from the
    originating House, the other, at its second reading, makes an amendment;
    on the third reading this amendment is become the text of the bill, and
    if an amendment to it be moved an amendment to that amendment may also
    be moved, as being only in the 2d degree.

      This principle is followed in the practice of the House (V, 6176,
    6177, 6178). For a discussion of the attitude of the Senate on this
    topic, see October 31, 1991 (p. 29494).

    [DOCID:hd284-78]
                             sec. xlvi--conferences

      It is on the <> occasion of amendments between the Houses that
    conferences are usually asked; but they may be asked in all cases of
    difference of opinion between the two Houses on matters depending
    between them. The request of a conference, however, must always be by
    the House which is possessed of the papers. 3 Hats., 31; 1 Grey, 425.

      The House follows the principles set forth in this paragraph of the
    parliamentary law. A conference may be asked on only a portion of the
    amendments in disagreement, leaving the differences as to the remainder
    to be settled by the action of the two Houses themselves (V, 6401). In
    very rare instances conferences have been asked by one House after the
    other has absolutely rejected a main proposition (IV, 3442; V, 6258). A
    difference over an amendment to a proposed constitutional amendment may
    be committed to a conference (V, 7037).

    [[Page [283]]]

      While conferences <> between the two Houses of Congress
    are usually held over differences as to amendments to bills,
    occasionally differences arise as to the respective prerogatives of the
    Houses (II, 1485-1495) or as to matters of procedures (V, 6401), as in
    impeachment proceedings (III, 2304), which are referred to conference.
    In early and exceptional instances conferences have been asked as to
    legislative matters when no propositions relating thereto were pending
    (V, 6255-6257).
      In very <> rare cases, also, the Houses interchange views and come to
    conclusions by means of select committees appointed on the part of each
    House (I, 3). Thus, in 1821, a joint committee was chosen to consider
    and report to the two Houses whether or not it was expedient to provide
    for the admission of Missouri into the Union (IV, 4471), and in 1877
    similar committees were appointed to devise a method for counting the
    electoral vote (III, 1953).
      The <> parliamentary law
    provides that the request for a conference must always be by the House
    which is possessed of the papers (V, 8254). It was formerly the more
    regular practice for the House disagreeing to amendments of the other to
    leave the asking of a conference to that other House if it should decide
    to insist (V, 6278-6285, 6324); but it is so usual in the later practice
    for the House disagreeing to an amendment of the other to ask a
    conference that an omission to do so has even raised a question (V,
    6273). Yet it cannot be said that the practice requires a request for a
    conference to be made by the House disagreeing to the amendments of the
    other (V, 6274-6277). One House having asked a conference at one
    session, the other House may agree to the conference at the next session
    of the same Congress (V, 6286).
      In rare <> instances one House has declined the request of the other
    for a conference (V, 6313-6315; Mar. 20, 1951, p. 2683), sometimes
    accompanying it by adherence (V, 6313, 6315). In one instance, where the
    Senate declined a conference, it transmitted, by message, its reasons
    for so doing (V, 6313). Sometimes, also, one House disregards the
    request of the other for a conference and recedes from its disagreement,
    thereby rendering a conference unnecessary (V, 6316-6318). And in one
    case, where one House has asked a conference to which the other has
    assented, the asking House receded before the conference took place (V,
    6319). Also, a bill returned to the House with a request for a
    conference has been postponed indefinitely (V, 6199).
      After the <> stage of
    disagreement has been reached, a motion to ask a conference is
    considered as distinct from motions to agree or disagree to amendments
    of the other House (V, 6268) and the motions to agree, recede, or insist
    are considered as preferential (V, 6269, 6270). Where a motion to
    request

    [[Page [284]]]

    a conference at this stage has been rejected, its repetition at the same
    stage of the proceedings, no other motion to dispose of the matter in
    disagreement having been considered, has not been permitted (V, 6325).
    Where a conference results in disagreement, a motion to request a new
    conference is privileged (V, 6586). Sometimes disagreements are voted on
    by the House and conferences asked through the medium of special orders
    of business (IV, 3242-3249).
      Before the stage of disagreement, any motion with respect to
    amendments between the two Houses is without privilege, except for
    motions with respect to the limited number of amendments that qualify
    under clause 2 of rule XXII or motions under clause 1 of rule XXII, to
    disagree to Senate amendments (or insist on House amendments) and to
    request or agree to an initial conference if the motion is authorized by
    the committee which reported the bill and if the Speaker, in his
    discretion, recognizes for that purpose. A motion under the latter
    clause may be repeated, if again authorized by the committee concerned,
    and if the Speaker again agrees to recognize for that purpose, even
    though the House has once rejected a motion to send the same matter to
    conference (Speaker Albert, Oct. 3, 1972, p. 33502).
      While usual, <> it is not
    essential that one House, in asking a conference, transmit the names of
    its managers at the same time (V, 6405). The managers, properly so
    called (V, 6335), constitute practically two distinct committees, each
    of which acts by a majority (V, 6334). The Speaker appoints the managers
    on the part of the House (clause 11 of rule I) and has discretion as to
    the number to serve on a given bill (V, 6336; VIII, 2193) but must
    appoint (1) a majority of Members who generally support the House
    position, as determined by the Speaker; (2) Members who are primarily
    responsible for the legislation; and (3) to the fullest extent feasible
    the principal proponents of the major provisions of the bill as it
    passed the House (clause 11 of rule I). While the practice used to be to
    appoint three managers from each house (V, 6336), in the absence of
    joint rules each House may appoint whatever number it sees fit (V, 6328-
    6330). The two Houses have frequently appointed a disparate number of
    managers (V, 6331-6333; VIII, 3221); and where the Senate appointed nine
    and the House but three, a motion to instruct the Speaker to appoint a
    greater number of managers on the part of the House was held out of
    order (VII, 2193). In appointing managers the Speaker usually consults
    the Member in charge of the bill (V, 6336); and where an amendment in
    disagreement falls within the jurisdiction of two committees of the
    House, the Speaker has named Members from both committees and specified
    the respective areas on which they were to confer (Speaker Albert, Nov.
    30, 1971, p. 43422). In appointing conferees on the general
    appropriation bill for fiscal year 1951, Speaker Rayburn appointed a set
    of managers for each chapter of the bill and four Members to sit on all
    chapters (Aug. 7, 1950, p. 11894). While the appointment of conferees,
    both as to their number and composition, is within the

    [[Page [285]]]

    discretion of the Chair (Speaker Martin, July 8, 1947, p. 8469; Speaker
    Garner, June 24, 1932, p. 13876), and while a point of order will not
    lie against his exercise of this discretion (VIII, 2193, 3221), the
    Speaker normally takes into consideration the attitude of the majority
    and minority of the House on the disagreements in issue (V, 6336-6338;
    VIII, 3223), the varying views of the Members of the House (V, 6339,
    6340), and does not necessarily confine his appointments to members of
    the committee in charge of the bill (V, 6370). In one case, where the
    prerogatives of the House were involved, all of the managers were
    appointed to represent the majority opinion (V, 6338). See also
    Sec. 637, infra.
      Where there <> were several conferences on a bill, it was the
    early practice to change the managers at each conference (V, 6288-6291,
    6324), and so fixed was this practice that their reappointment had a
    special significance, indicating an unyielding temper (V, 6352-6368);
    but in the later practice it is the rule to reappoint managers (V, 6341-
    6344) unless a change be necessary to enable the sentiment of the House
    to be represented (V, 6369).
      Managers of <> a conference are excused from service either by authority
    of the House (V, 6373-6376; VIII, 3224, 3227) or, since the 103d
    Congress, by removal by the Speaker (clause 11 of rule I). The absence
    of a manager may cause a vacancy, which the Speaker fills by appointment
    (V, 6372; VIII, 3228). Where one House makes a change in its managers,
    it informs the other House, by message (V, 6377, 6378). According to the
    later practice the powers of managers who have not reported do not
    expire by reason of the termination of a session of Congress, unless it
    be the last session (V, 6260-6262).

      Conferences <> may be either simple or free. At a conference simply,
    written reasons are prepared by the House asking it, and they are read
    and delivered, without debate, to the managers of the other House at the
    conference, but are not then to be answered. 4 Grey, 144. The other
    House then, if satisfied, vote the reasons satisfactory, or say nothing;
    if not satisfied they resolve then not satisfactory and ask a conference
    on the subject of the last conference, where they read and deliver, in
    like manner, written answer to those reasons. 3 Grey, 183. They are
    meant chiefly to

    [[Page [286]]]

    record the justification of each House to the nation at large and to
    posterity and in proof that the miscarriage of a necessary measure is
    not imputable to them. 3 Grey, 255. At free conferences the managers
    discuss, viva voce and freely, and interchange propositions for such
    modifications as may be made in a parliamentary way, and may bring the
    sense of the two Houses together. * * *

      This provision <> of the parliamentary law bears little relation to the modern
    practice of the two Houses of Congress, and that practice has evolved a
    new definition: ``A free conference is that which leaves the committee
    of conference entirely free to pass upon any subject where the two
    branches have disagreed in their votes, not, however, including any
    action upon any subject where there has been a concurrent vote of both
    branches. A simple conference--perhaps it should more properly be termed
    a strict or a specific conference, though the parliamentary term is
    `simple'--is that which confines the committee of conference to the
    specific instructions of the body appointing it'' (V, 6403). And where
    the House had asked a free conference it was held not in order to
    instruct the managers (V, 6384). But it is very rare for the House in
    asking a conference to specify whether it shall be free or simple.
      In their practices <> as to the instruction of managers of a conference, the
    House and the Senate do not agree. Only in rare instances has the Senate
    instructed (V, 6398), and these instances are at variance with its
    declaration, made after full consideration, that managers may not be
    instructed (V, 6397). And where the House has instructed its managers,
    the Senate sometimes has declined to participate and asked a free
    conference (V, 6402-6404). In the later practice the House does not
    inform the Senate when it instructs its managers (V, 6399), the Senate
    having objected to the transmittal of instructions by message (V, 6400,
    6401). In one instance where the Senate learned indirectly that the
    House had instructed its managers, it declared that the conference
    should be full and free, and instructed its own managers to withdraw if
    they should find the freedom of the conference impaired (V, 6406). But
    the House holds to the opinion that the House may instruct its managers
    (V, 6379-6382), although the propriety of doing so at a first conference
    has been questioned (V, 6388, footnote). And in rare instances where a
    free conference is asked instruction is not in order (V, 6384). At a new
    conference the instructions of a former conference are not in force (V,
    6383; VIII, 3240). And instructions may not

    [[Page [287]]]

    direct the managers to do that which they might not otherwise do (V,
    6386, 6387; VIII, 3235, 3244), as to effect a change in part of a bill
    not in disagreement (V, 6391-6394) or change the text to which both
    Houses have agreed (V, 6388). Although managers may disregard
    instructions, their report may not for that reason be ruled out of order
    (V, 6395; VIII, 3246; June 8, 1972, p. 20282), and when a conference
    report is recommitted with instructions the managers are not confined to
    the instructions alone (VIII, 3247).
      The motion to instruct managers should be offered after the vote to
    ask for or agree to a conference and before the managers are appointed
    (V, 6379-6382; VIII, 3233, 3240, 3256). The motion to instruct may be
    amended unless the previous question is ordered (V, 6525; VIII, 3231,
    3240); thus a motion to instruct House conferees to agree to a numbered
    Senate amendment with an amendment may be amended, upon rejection of the
    previous question, to instruct the conferees to agree to the Senate
    amendment (June 9, 1982, pp. 13027, 13028, 13039, 13049). The motion to
    instruct may be laid on the table without carrying the bill to the table
    (VIII, 2658). The motion is debatable (see clause 7(b) of rule XXII)
    unless the previous question is ordered (VIII, 2675, 3240), which the
    proponent may not move until those allotted time under clause 7(b) have
    yielded back (Oct. 3, 1989, p. 22842). After a motion to ask or agree to
    a conference is agreed to, only one valid motion to instruct is in order
    (VIII, 3236; Speaker Wright, Feb. 17, 1988, p. 1583); but this
    restriction does not apply to a motion to instruct under clause 7(c) of
    rule XXII (Aug. 22, 1935, pp. 14162-64).
      A member of the minority is first entitled to recognition for a motion
    to instruct conferees (Speaker Bankhead, Oct. 31, 1939, pp. 1103-05;
    Speaker Albert, Oct. 19, 1971, pp. 36832-35), and where two minority
    members of the reporting committee seek recognition to offer a motion to
    instruct conferees prior to their appointment, the Chair will recognize
    the senior minority member of the committee (Oct. 10, 1986, p. 30181;
    Speaker Wright, Feb. 17, 1988, p. 1583). The ruling out of a motion to
    instruct conferees does not preclude the offering of a proper motion to
    instruct (VIII, 3235), but one motion to instruct having been considered
    and disposed of, further motions to instruct are not in order (VIII,
    3236). Such additional instructions should have been offered as
    amendments to the original motion to instruct.

      * * * And each <> party report in writing to their respective
    Houses the substance of what is said on both sides, and it is entered in
    their journals. 9 Grey, 220; 3 Hats; 280. This report can not be amended
    or altered, as that of a committee may be. Journal Senate, May 24, 1796.

    [[Page [288]]]

      In the two <> Houses of
    Congress conference reports were originally merely suggestions for
    action and were neither identical in the two Houses nor acted on as a
    whole (V, 6468-6471). In the House clause 7(a) of rule XXII provides
    that conference reports may be received at any time, except when the
    Journal is being read, while the roll is being called, or the House is
    dividing. They are privileged on or after the third calendar day
    (excluding Saturdays, Sundays, or legal holidays) after they have been
    filed and printed in the Record, together with the accompanying
    statement (clause 8 of rule XXII). The early reports were not signed by
    the managers (IV, 3905); but in the later practice the signatures of the
    majority of the managers of each House is required (V, 6497-6502; VIII,
    3295). Sometimes a manager indorses the report with a conditional
    approval or dissent (V, 6489-6496, 6538). However, signatures with
    conditions are not counted toward a majority (Nov. 18, 1991, p. 32689.
    Supplemental reports or minority views may not be filed in connection
    with conference reports (VIII, 3302). The name of an absent manager may
    not be affixed, but the two Houses by concurrent action may authorize
    him to sign the report after it has been acted on (V, 6488). The
    minority portion of the managers of a conference have no authority to
    make either a written or verbal report concerning the conference (V,
    6406). In the later practice reports of managers are identical, and made
    in duplicate for the two Houses, the House managers signing first the
    report for their House and the Senate managers signing the other report
    first (V, 6323, 6426, 6499, 6500, 6504). Under certain circumstances
    managers may report an entirely new bill on a subject in disagreement,
    but this bill is acted on as part of the report (V, 6465-6467; see also
    clause 9 of rule XXII). A quorum among the managers on the part of the
    House at a committee of conference is established by their signatures on
    the conference report and joint explanatory statement (Oct. 4, 1994, p.
    27662).
      Managers may <> report an
    agreement as to a portion of the numbered amendments in disagreement,
    leaving the remainder to be disposed of by subsequent action (V, 6460-
    6464). Where a Senate amendment to the title of a House bill was in
    conference, but inadvertently omitted from the conference report, the
    House adopted the report, and, by unanimous consent, insisted on its
    disagreement to the putatively reported amendment and agreed to a
    concurrent resolution that deemed the conference report to have
    ``resolved all disagreements'' (Oct. 10, 2002, p. ----).
      Where managers <> of a
    conference are unable to agree, or where a report is disagreed to in
    either House, another conference is usually asked (V, 6288-6291). When
    managers report that they have been unable to agree, the report is not
    acted on by the House (V, 6562; VIII, 3329; Aug. 23, 1957, p. 15816).
    While under the earlier practice, when conferees reported in complete
    disagreement, the amendments in disagreement were considered available
    for immediate disposition (VIII, 3299, 3332), the current practice (as a
    result

    [[Page [289]]]

    of the amendment to clause 8(a) of rule XXII that became effective in
    the 93d Congress) is to require the matter to lay over until the third
    calendar day (excluding Saturdays, Sundays, or legal holidays) after the
    report in disagreement is filed and printed in the Record. In the
    earlier practice reports of inability to agree were made verbally or by
    unsigned written reports (V, 6563-6567); but in later practice they are
    written, in identical form, and signed by the managers of the two Houses
    (V, 6568, 6569).
      The managers <> of a conference must confine
    themselves to the differences committed to them (V, 6417, 6418; VIII,
    3252, 3255, 3282), and may not include subjects not within the
    disagreements (V, 6407, 6408; VIII, 3253-3255, 3260, 3282, 3284), even
    though germane to a question in issue (V, 6419; VIII, 3256; Speaker
    Albert, Dec. 20, 1974, p. 41849). But they may perfect amendments
    committed to them if they do not in so doing go beyond the differences
    (V, 6409, 6413). Thus, where an amendment providing an appropriation to
    construct a road had been disagreed to, it was held in order to report a
    provision to provide for a survey for the road (V, 6425). Managers may
    not change the text to which both Houses have agreed (V, 6417, 6418,
    6420, 6433-6436). But where the amendment in issue strikes out all of
    the bill after the enacting clause and substitutes a new text, the
    managers have the whole subject before them and may exercise a broad
    discretion as to details (V, 6424; VIII, 3266), and may even report an
    entirely new bill on the subject (V, 6421, 6423; VIII, 3248, 3263, 3265,
    3276; Sec. 1088, infra). Where the amendment in disagreement proposes a
    substitute differing greatly from the House provision they may eliminate
    the entire subject matter (Speaker Gillett, Sept. 14, 1922, p. 12598).
      In the <> House the Speaker may rule out a conference report if it be
    shown that the managers have exceeded their authority (V, 6409-6416;
    VIII, 3256; Oct. 4, 1962, p. 22332; Nov. 14, 2002, p. ----). In the
    House points of order against reports are made or reserved after the
    report is read and before the reading of the statement (V, 6424, 6441;
    VIII, 3282, 3284, 3285, 3287), or consideration begins (V, 6903-6905;
    VIII, 3286), and comes too late after the report has been agreed to (V,
    6442); and in case the statement is read in lieu of the report the point
    of order must be made or reserved before the statement is read (VIII,
    3256, 3265, 3285, 3288, 3289). Where clause 8(c) of rule XXII applies,
    points of order must be made before debate begins on the report (Nov.
    14, 2002, p. ----).
      A conference report held to violate clause 9 of rule XXII was
    vitiated, after which a privileged motion to recede and concur in a
    Senate amendment with an amendment incorporating by reference the text
    of an introduced House bill was offered (Nov. 14, 2002, p. ----).
      Under the former practice of the Senate, the Chair did not rule out
    conference reports, but the Senate itself expressed its opinion on the
    vote to agree to the report (V, 6426-6432). However, on March 8, 1918,
    the

    [[Page [290]]]

    Senate adopted a ``scope'' rule providing for a point of order against
    conferees inserting matter not committed to them or changing the text
    agreed to by both Houses. This rule of the Senate was strictly construed
    (VIII, 3273, 3275) until the 104th Congress when the Senate overturned
    on appeal a ruling of its presiding officer that the inclusion of a
    special labor-law provision in a conference report exceeded the scope of
    conference (Oct. 3, 1996, p. 27147-51). The Chair interpreted that
    action as tantamount to a change in the Senate rules until the 107th
    Congress. Public Law 106-553 provided that at the beginning of the 107th
    Congress the Presiding Officer of the Senate would apply precedents
    under Senate rule XXVIII as in effect at the end of the 103d Congress.
      The <> managers of a
    conference may not report before the other House is notified of their
    appointment and a meeting is held (V, 6458). Conferences are generally
    held in the Capitol, and formerly with closed doors, although in rare
    instances Members and others were admitted to make arguments (V, 6254,
    footnote, 6263). Clause 12 of rule XXII now provides for at least one
    open conference meetings except where the House determines by record
    vote that all or part of the meeting may be closed to the public. The
    same rule now provides for a point of order in the House against the
    report and for an automatic request for a new conference if the House
    managers fail to meet in open session following appointment of the
    Senate conferees (Dec. 20, 1982, p. 32896). For a discussion of open
    conference meetings, see Sec. 1093, infra. Rarely, also, papers in the
    nature of petitions have been referred to managers (V, 6263). The
    managers of the two Houses vote separately (V, 6336).
      The report of <> the managers of a conference goes first to one House and
    then to the other, neither House acting until it is in possession of the
    papers, which means the original bill and amendments, as well as the
    report (V, 6322, 6518-6522, 6586; VIII, 3301). The report must be acted
    on as a whole, being agreed to or disagreed to as an entirety (V, 6472-
    6480, 6530-6533; VIII, 3304, 3305; Speaker Bankhead, Aug. 22, 1940, p.
    10763; Speaker Albert, Nov. 10, 1971, p. 40481); and until the report
    has been acted on no motion to deal with the individual amendments is in
    order (V, 6323, 6389, 6390; Speaker Rayburn, Mar. 16, 1942, pp. 2502-
    04). Under a special order of business recommended by the Committee on
    Rules, the House has considered a single, indivisible motion to adopt
    not only a conference report but also sundry motions to dispose of
    amendments reported from conference in disagreement (June 18, 1992, p.
    15453). While ordinarily reports are agreed to by majority vote, a two-
    thirds vote is required on a report relating to a constitutional
    amendment (V, 7036). Conference reports must be acted on in both Houses
    and in a case where the Senate had adopted a report which recommended
    that it recede from its amendments to a House bill, the House rejected
    the report and then agreed to the Senate amendments (Mar. 21, 1956, p.
    5278). A conference report being

    [[Page [291]]]

    made up but not acted on at the expiration of a Congress, the bill is
    lost (V, 6309). One House has, by message, reminded the other of its
    neglect to act on a conference report; but this was an occasion of
    criticism (V, 6309).
      When a <> conference report is presented, the question on
    agreeing is regarded as pending (V, 6517; VIII, 3300), and as the
    negative of it is equivalent to disagreement, the motion to disagree is
    not admitted (II, 1473; V, 6517; VIII, 3300). The reading of the
    amendments to which the report relates is not in order during its
    consideration (V, 5298). The report may not be amended on motion made in
    either House alone (V, 6534, 6535; VIII, 3306), but amendment is
    sometimes made by concurrent action of the two Houses (V, 6536, 6537;
    VIII, 3308). A motion to refer to a standing committee (V, 6558) or to
    lay on the table is not entertained in the House (V, 6538-6544); and a
    conference report may not be sent to Committee of the Whole on
    suggestion that it contains matter ordinarily requiring consideration in
    that committee (V, 6559-6561). It is in order on motion to recommit a
    conference report if the other body, by action on the report, have not
    discharged their managers (V, 6545-6553, 6609; VIII, 3310), and by
    concurrent resolution a report may be recommitted to conference after
    each House has acted thereon (VIII, 3316), but such a proposition would
    not be privileged in the House (V, 6554-6557; VIII, 3309).
      A bill being recommitted to the committee of conference, no further
    action is taken by the House until it is again reported by the managers
    (VIII, 3326, 3327), and when reported is subject to another motion to
    recommit (VIII, 3325). Because instructions included in a motion to
    recommit a conference report are not binding, adoption of such a motion
    opens to further negotiation all issues committed to conference (Apr.
    21, 1988, p. 8198). A motion to recommit a conference report may not
    instruct House managers to exceed the scope of conference and (see
    Sec. 1088, infra); and, under clause 7(d) of rule XXII, a motion to
    instruct may not contain argument (see Sec. 1079, infra).
      When either <> House disagrees to a conference report the matter is left in
    the position it was in before the conference was asked (V, 6525), and
    the amendments in disagreement come up for further action (II, 1473),
    but do not return to the state they were in before disagreement, so that
    they need not be considered in Committee of the Whole (V, 6589). Motions
    for disposition of Senate amendments, sending to conference and
    instruction of conferees, are again in order (VIII, 3303). However, if a
    conference report is considered as rejected pursuant to the provisions
    of clause 10 of rule XXII because of the inclusion of nongermane matter,
    the pending question is as specified in those clauses and, depending on
    the nature of the text in disagreement, may be to recede and concur with
    an amendment, to insist on the House position, or to insist on
    disagreement (see Sec. Sec. 1089 and 1090, infra).

    [[Page [292]]]

      A <> conference may be asked, before the House asking
    it has come to a resolution of disagreement, insisting or adhering. 3
    Hats., 269, 341. In which case the papers are not left with the other
    conferees, but are brought back to the foundation of the vote to be
    given. And this is the most reasonable and respectful proceeding; for,
    as was urged by the Lords on a particular occasion, ``it is held vain,
    and below the wisdom of Parliament, to reason or argue against fixed
    resolutions, and upon terms of impossibility to persuade.'' 3 Hats.,
    226. * * *

      In the Houses of Congress conferences are sometimes asked before a
    disagreement, and while the rule as to retention of the papers
    undoubtedly holds good, neglect to observe it has not been questioned
    (V, 6585).

      * * * So the <> Commons say, ``an adherence is never
    delivered at a free conference, which implies debate.'' 10 Grey, 137.
    And on another occasion the Lords made it an objection that the Commons
    had asked a free conference after they had made resolutions of adhering.
    It was then affirmed, however, on the part of the Commons that nothing
    was more parliamentary than to proceed with free conferences after
    adhering, 3 Hats., 269, and we do in fact see instances of conference,
    or of free conference, asked after the resolution of disagreeing, 3
    Hats., 251, 253, 260, 286, 291, 316, 349; of insisting, ib., 280, 290,
    299, 319, 322, 355; of adhering, 269, 270, 283, 300; and even of a
    second or final adherence. 3 Hats., 270. * * *

    [[Page [293]]]

      The two Houses <> not observing the
    parliamentary distinctions as to free and other conferences, their
    practice in case of adherence is also different. Conferences are not
    asked after an adherence by both Houses, but have often been asked and
    granted where only one House has adhered (V, 6241-6244). A vote to
    adhere may not be accompanied by a request for a conference (V, 6303;
    VIII, 3208), as the House that votes to adhere does not ask a conference
    (V, 6304-6308). The request for a conference in such a case is properly
    accompanied by a motion to insist (V, 6308). And the House that has
    adhered may insist on its adherence when it agrees to the conference (V,
    6251). But it is not considered necessary either to recede or insist
    before agreeing to the conference (V, 6242, 6244, 6310, 6311).

      * * * And in <> all cases of conference asked after a vote of
    disagreement, &c., the conferees of the House asking it are to leave the
    papers with the conferees of the other; and in one case where they
    refused to receive them they were left on the table in the conference
    chamber. Ib., 271, 317, 323, 354; 10 Grey, 146.

      This principle of the parliamentary law is recognized as of effect in
    the two Houses of Congress, and is customarily followed in cases wherein
    the managers of the conference come to an agreement on which a report
    may be based (July 31, 1981, p. 18884). If conferees of House agreeing
    to conference surrender papers to House asking conference, the report
    can be received first by House asking the conference (VIII, 3330). In
    the 101st Congress, where a report following a successful conference was
    filed in both Houses, an objection to a unanimous-consent request in the
    Senate prevented the release of papers held at the Senate desk to the
    House, where the Senate in the normal course of events was scheduled to
    act first on the report (June 28, 1990, p. 16249).
      Where a <> conference breaks up without reaching any
    agreement the managers for the House that requested the conference, who
    have the papers by right, are justified in retaining them and carrying
    them back to the House (IV, 3905, footnote; V, 6246, 6254, 6571-6584;
    VIII, 3332). And in one case wherein under such circumstances the papers
    were taken back to the Senate, which was the body agreeing to the
    conference, the Senate after consideration sent them to the House, since
    it seemed proper for the asking House to take the first action (V,
    6573).

    [[Page [294]]]

    But sometimes managers have brought the papers to the agreeing House
    without question (V, 6239, footnote; July 14, 1988, p. 18411).

      After a <> free
    conference the usage is to proceed with free conferences and not to
    return again to a conference. 3 Hats., 270; 9 Grey, 229.
      After a conference denied a free conference may be asked. 1 Grey, 45.

      The House instructs its managers whenever it sees fit, without regard
    to whether or not the preceding conference has been free or instructed.

      When a <> conference is asked, the subject of it must
    be expressed or the conference not agreed to. Ord. H. Com., 89; 1 Grey,
    425; 7 Grey, 31. They are sometimes asked to inquire concerning an
    offense or default of a member of the other House. 6 Grey, 181; 1
    Chand., 304. Or the failure of the other House to present to the King a
    bill passed by both Houses. 8 Grey, 302. Or on information received and
    relating to the safety of the nation. 10 Grey, 171. Or when the methods
    of Parliament are thought by the one House to have been departed from by
    the other a conference is asked to come to a right understanding
    thereon. 10 Grey, 148. So when an unparliamentary message has been sent,
    instead of answering it they ask a conference. 3 Grey, 155. Formerly an
    address or articles of impeachment or a bill, with amendments, or a vote
    of the House, or concurrence in a vote, or a message from the King were
    sometimes communicated by way of conference. 6 Grey, 128, 300, 387; 7
    Grey, 80; 8 Grey, 210, 255; 1 Torbuck's Deb., 278; 10 Grey,

    [[Page [295]]]

    293; 1 Chandler, 49, 287. But this is not the modern practice. 8 Grey,
    255.
    <>   A conference has been asked after the first reading of a
    bill. 1 Grey, 194. This is a singular instance.

      The House has no procedure conforming to this provision.

    [DOCID:hd284-79]
                              sec. xlvii--messages

    <>
    Messages between the Houses are to be sent only while both Houses are
    sitting. 3 Hats., 15. * * *

      Formerly this rule was observed (V, 6603, 6604), but since the 62d
    Congress messages have been received by the House when the Senate was
    not in session (VIII, 3338). Clause 2 of rule II was added in the 97th
    Congress to authorize the Clerk to receive messages from the President
    and the Senate at any time that the House is not in session (H. Res. 5,
    Jan. 5, 1981, p. 98).

    <>   * * * They are
    received during a debate without adjourning the debate. 3 Hats., 22.

      In the House messages are received during debate, the Member having
    the floor yielding on request of the Speaker.

      In Senate <> the messengers are introduced in any state
    of business, except: 1. While a question is being put. 2. While the yeas
    and nays are being called. 3. While the ballots are being counted. The
    first case is short; the second and third are cases where any
    interruption might occasion errors difficult to be corrected. So
    arranged June 15, 1798.

      In the House messages are not received while a question is being put
    or during a division by rising vote. However, they are received during
    the call of the yeas and nays, during consideration of a question of
    privilege (V, 6640-6642), during a call of the House (V, 6600, 6650;
    VIII, 3339),

    [[Page [296]]]

    during debate on a motion to approve the Journal (Sept. 13, 1965, p.
    23607), and before the organization of the House (V, 6647-6649). But the
    Speaker exercises his discretion about interrupting the pending business
    (V, 6602).

      In the <> House, as in Parliament, if the House be in
    committee when a messenger attends, the Speaker takes the chair to
    receive the message, and then quits it to return into committee without
    any question or interruption. 4 Grey, 226.
    <>
    Messengers are not saluted by the Members, but by the Speaker for the
    House. 2 Grey, 253, 274.

      The practice of the House as to reception of messages is founded on
    this paragraph of the parliamentary law and on the former joint rules
    (V, 6591-6595). The Speaker, with a slight inclination, addresses the
    messenger, by his title, after the messenger, with an inclination, has
    addressed ``Mr. Speaker'' (V, 6591).

      If <> messengers
    commit an error in delivering their message, they may be admitted or
    called in to correct their message. 4 Grey, 41. Accordingly, March 13,
    1800, the Senate having made two amendments to a bill from the House,
    their Secretary, by mistake, delivered one only, which being
    inadmissible by itself, that House disagreed, and notified the Senate of
    their disagreement. This produced a discovery of the mistake. The
    Secretary was sent to the other House to correct his mistake, the
    correction was received, and the two amendments acted on de novo.

      A request of one House for the return of a bill messaged to the other,
    or the request of one House to correct an error in its message to the
    other, is treated as privileged in the House and may be disposed of by
    unanimous consent or by motion (III, 2613; Deschler, ch. 32, Sec. 2;
    Oct. 1, 1982, p. 27172; May 20, 1996, p. 11809). Requests of the Senate
    that its Secretary be allowed to correct an error in a message have been
    granted by unanimous

    [[Page [297]]]

    consent of the House (V, 6605). For example, the House by unanimous
    consent agreed to a request from the Senate for the return of a Senate
    bill, to the end that the Senate effect a specified (substantive) change
    in its text (May 7, 1998, p. ----). In a similar case the House by
    unanimous consent directed its Clerk to correct an error in a message to
    the Senate (V, 6607). Examples of requests for the return of messages:
    (1) the House, upon receipt of a request by the Senate to return a bill
    during consideration of the conference report accompanying that bill,
    laid the conference report aside and agreed to the Senate request (V,
    6609); (2) the House requested the return of a message indicating
    passage of a Senate joint resolution after learning that both Houses had
    previously passed an identical House Joint Resolution, so that it could
    indefinitely postpone action thereon (Nov. 16, 1989, p. 29587); (3) the
    Speaker laid before the House as privileged a message from the Senate
    requesting the return of a message where it had erroneously appointed
    conferees to a bill after the papers had been messaged to the House, so
    that the message could be changed to reflect the appointment of Senate
    conferees (May 20, 1996, p. 11809); and (4) the Speaker laid before the
    House as privileged a message from the Senate requesting the return of a
    Senate bill, which included provisions intruding on the Constitutional
    prerogative of the House to originate revenue measures (Oct. 19, 1999,
    p. ----).

      As soon <> as
    the messenger who has brought bills from the other House has retired,
    the Speaker holds the bills in his hand; and acquaints the House ``that
    the other House have by their messenger sent certain bills,'' and then
    reads their titles, and delivers them to the Clerk to be safely kept
    till they shall be called for to be read. Hakew., 178.

      In the House the message goes to the Speaker's table, but the Speaker
    does not acquaint the House, as they have already heard the message.
    From the Speaker's table messages are disposed of under clause 2 of rule
    XIV.

      It is not <> the usage for one House to inform the other by what numbers a
    bill is passed. 10 Grey, 150. Yet they have sometimes recommended a
    bill, as

    [[Page [298]]]

    of great importance, to the consideration of the House to which it is
    sent. 3 Hats., 25. * * *

      The Houses of Congress do not communicate by what numbers a bill is
    passed, or otherwise recommend their bills.

      * * * Nor when <> they have rejected a bill from the other House, do
    they give notice of it; but it passes sub silentio, to prevent
    unbecoming altercations. 1 Blackst., 183.
      But in Congress the rejection is notified by message to the House in
    which the bill originated.

      In the two Houses of Congress the fact of the rejection of a bill is
    messaged to the House in which the bill originated, as in the days of
    Jefferson, although the joint rule requiring it has disappeared (IV,
    3422; V, 6601). And in a case wherein the House had stricken out the
    enacting words of a Senate bill, the Senate was notified that the bill
    had been rejected (IV, 3423; VII, 2638; Oct. 4, 1972, pp. 33785-87).

      A question <> is never asked by the one House of the other by way of
    message, but only at a conference; for this is an interrogatory, not a
    message. 3 Grey, 151, 181.

      In 1798 the House asked of the Senate a question by way of conference,
    but this appears to be the only instance (V, 6256).

      When a <> bill is
    sent by one House to the other, and is neglected, they may send a
    message to remind them of it. 3 Hats., 25; 5 Grey, 154. But if it be
    mere inattention, it is better to have it done informally by
    communication between the Speakers or Members of the two Houses.

      It does not appear that either House of Congress has by message
    reminded the other of a neglected bill.

    [[Page [299]]]

      Where the <> subject of a message is of a nature that it can properly be
    communicated to both Houses of Parliament, it is expected that this
    communication should be made to both on the same day. But where a
    message was accompanied with an original declaration, signed by the
    party to which the message referred, its being sent to one House was not
    noticed by the other, because the declaration being original, could not
    possibly be sent to both Houses at the same time. 2 Hats., 260, 261,
    262.
      The King having sent original letters to the Commons afterward desires
    they may be returned, that he may communicate them to the Lords. 1
    Chandler, 303.

      A message of the President of the United States is usually
    communicated to both Houses on the same day when its nature permits (V,
    6590); but an original document accompanying can, of course, be sent to
    but one House (V, 6616, 6617). The President having by inadvertence
    included certain papers in a message, was allowed to withdraw them (V,
    6651). In the House the Speaker has the discretion, which he rarely
    exercises, to suspend a roll call in order to receive a message from the
    President.

    [DOCID:hd284-80]
                               sec. xlviii--assent

      The <> House which has received a bill and passed it may
    present it for the King's assent, and ought to do it, though they have
    not by message notified to the other their passage of it. Yet the
    notifying by message is a form which ought to be observed between the
    two Houses from motives of respect and good understanding. 2 Hats., 242.
    Were the bill to be withheld from being pre

    [[Page [300]]]

    sented to the King, it would be an infringement of the rules of
    Parliament. Ib.

      In the House it was held that where there had been no unreasonable
    delay in transmitting an enrolled bill to the President, a resolution
    relating thereto did not present a question of privilege (III, 2601).

      When a <> bill has passed both Houses of Congress, the House last acting
    on it notifies its passage to the other, and delivers the bill to the
    Joint Committee on Enrollment, who sees that it is truly enrolled in
    parchment. When the bill is enrolled it is not to be written in
    paragraphs, but solidly, and all of a piece, that the blanks between the
    paragraphs may not give room for forgery. 9 Grey, 143. * * *

      Formerly the <> enrollment in the House and the Senate was
    in writing (IV, 3436, 3437); but in 1893 the two Houses, by concurrent
    resolution, provided that bills should be enrolled on parchment by
    printing instead of by writing, and also that the engrossment of bills
    prior to sending them to the other House for action should be in
    printing (IV, 3433), and in 1895 this concurrent resolution was approved
    by statute (IV, 3435; 1 U.S.C. 106). In the last six days of a session
    of Congress the two Houses, by concurrent resolution, may permit the
    enrolling and engrossing to be done by hand (IV, 3435, 3438; H. Con.
    Res. 436, Dec. 20, 1982, p. 32875; H. Con. Res. 375, Oct. 11, 1984, p.
    32149), and such a concurrent resolution is privileged for consideration
    in the House during the last six days of the session (see 1 U.S.C. 106
    for authority to waive ordinary printing requirements at the end of a
    session), but prior to the last six days, a joint resolution changing
    the law to permit hand enrollments is required and may be considered in
    the House by unanimous consent (Dec. 10, 1985, p. 35741) or by special
    order of business (H. Res. 580, Oct. 8, 1998, p. ----). The two Houses
    have by joint resolution authorized not only a ``hand enrollment'' of a
    time-sensitive bill but also a parchment enrollment of the same measure,
    to be prepared at a later time for deposit in the National Archives with
    the original (P.L. 100-199, Dec. 21, 1987; P.L. 100-454, Sept. 29,
    1988). Where an enrolled bill enacts another numbered bill by reference,
    that same law may require the Archivist to include as an appendix to
    that law the text of the referenced bill (see, e.g., 106-554). Only in a
    very exceptional case have the two Houses waived the

    [[Page [301]]]

    requirement that bills shall be enrolled (IV, 3442). The enrolling clerk
    should make no change, however unimportant, in the text of a bill to
    which the House has agreed (III, 2598); but the two Houses may by
    concurrent resolution authorize the correction of an error when
    enrollment is made (IV, 3446-3450), and this seems a better practice
    than earlier methods by authority of the Committee on Enrolled Bills
    (IV, 3444, 3445).

      * * * It is <> then put into the hands of the Clerk of
    the House to have it signed by the Speaker. The Clerk then brings it by
    way of message to the Senate to be signed by their President. The
    Secretary of the Senate returns it to the Committee of Enrollment, who
    present it to the President of the United States. * * *

      The practice of the two Houses of Congress for the signing of enrolled
    bills was formerly governed by joint rules, and has continued since
    those rules were abrogated in 1876 (IV, 3430). The bills are signed
    first by the Speaker, then by the President of the Senate (IV, 3429). By
    unanimous consent where errors are found in enrolled bills that have
    been signed, the two Houses by concurrent action may authorize the
    cancellation of the signatures and a reenrollment (IV, 3453-3459), and
    in the same way the signatures may be cancelled on a bill prematurely
    enrolled (IV, 3454).
      A Speaker pro <> tempore elected by the House (II,
    1401), or whose designation has received the approval of the House (II,
    1404; VI, 277), signs enrolled bills (see clause 4 of rule I); but a
    Member merely called to the chair during the day (II, 1399, 1400; VI,
    276), or designated in writing by the Speaker, does not exercise this
    function (II, 1401).
      The Senate, by rule, has empowered a presiding officer by written
    designation to sign enrolled bills (II, 1403).
      In early <> days a joint committee took enrolled bills to the President
    (IV, 3432); but in the later practice the chairman of the committee in
    each House that had responsibility for the enrollment of bills also had
    the responsibility of presenting the bills from that House, and
    submitted from his committee daily a report of the bills presented for
    entry in the Journal (IV, 3431). In the 107th Congress the
    responsibility in the House for enrolled bills was transferred from the
    Committee on House Administration to the Clerk (sec. 2(b), H. Res. 5,
    Jan. 3, 2001, p. ----). Enrolled bills pending at the close of a session
    have, at the next session of the same Congress, been ordered to be
    treated as if no adjournment had taken place

    [[Page [302]]]

    (IV, 3487-3488). Enrolled bills signed by the presiding officers at one
    session have been sent to the President and approved at the next session
    of the same Congress (IV, 3486). At the close of the 97th Congress, some
    enrollments were presented to the President, and were signed by him,
    after the convening of the 98th Congress.

    [DOCID:hd284-81]
                               sec. xlix--journals

    * * * * *
      If a <> question is interrupted by a vote to adjourn, or to
    proceed to the orders of the day, the original question is never printed
    in the journal, it never having been a vote, nor introductory to any
    vote; but when suppressed by the previous question, the first question
    must be stated, in order to introduce and make intelligible the second.
    2 Hats., 83.

      This provision of the parliamentary law is superseded by clause 1 of
    rule XVI, which requires every motion entertained by the Speaker to be
    entered on the Journal.
      So also <> when a question is postponed, adjourned, or laid on
    the table, the original question, though not yet a vote, must be
    expressed in the journals, because it makes part of the vote of
    postponement, adjourning, or laying it on the table.

      In the House a question is not adjourned, except in the sense that it
    may be left to go over as unfinished business by reason of a vote to
    adjourn.

      Where <> amendments are made to a question, those amendments are not
    printed in the journals, separated from the question; but only the
    question as finally agreed to by the House. The rule of entering in the
    journals only what the House has agreed to, is founded in great prudence
    and good

    [[Page [303]]]

    sense, as there may be many questions proposed which it may be improper
    to publish to the world in the form in which they are made. 2 Hats., 85.

      In the practice of the House a motion to amend is entered on the
    Journal as any other motion, under clause 1 of rule XVI.
    * * * * *
    <>
    The first order for printing the votes of the House of Commons was
    October 30, 1685. 1 Chandler, 387.
      Some <> judges
    have been of opinion that the journals of the House of Commons are no
    records, but only remembrances. But this is not law. Hob., 110, 111;
    Lex. Parl., 114, 115; Jour. H. C., Mar. 17, 1592; Hale, Parl., 105. For
    the Lords in their House have power of judicature, the Commons in their
    House have power of judicature, and both Houses together have power of
    judicature; and the book of the Clerk of the House of Commons is a
    record, as is affirmed by act of Parl., 6 H. 8, c. 16; 4 Inst., 23, 24;
    and every member of the House of Commons hath a judicial place. 4 Inst.,
    15. As records they are open to every person, and a printed vote of
    either House is sufficient ground for the other to notice it. Either may
    appoint a committee to inspect the journals of the other, and report
    what has been done by the other in any particular case. 2 Hats., 261; 3
    Hats., 27-30. Every member has a right to see the journals and to take
    and publish votes from them. Being a record, every one may see and
    publish them. 6 Grey, 118, 119.

    [[Page [304]]]

      The Journal of the House is the official record of the proceedings of
    the House (IV, 2727), and certified copies are admitted as evidence in
    the courts of the United States (IV, 2810; 28 U.S.C. 1736). A Senate
    committee concluded that the Journal entries of a legislative body were
    conclusive as to all the proceedings had, and might not be contradicted
    by ex parte evidence (I, 563).

      On <> information of a misentry or omission of an entry in the
    journal, a committee may be appointed to examine and rectify it, and
    report it to the House. 2 Hats., 194, 195.

    [DOCID:hd284-82]
                               sec. l--adjournment

      The two <> Houses of Parliament have the sole, separate, and
    independent power of adjourning each their respective Houses. The King
    has no authority to adjourn them; he can only signify his desire, and it
    is in the wisdom and prudence of either House to comply with his
    requisition, or not, as they see fitting. 2 Hats., 232; 1 Blackst., 186;
    5 Grey, 122.
    * * * * *
      A motion <> to
    adjourn, simply cannot be amended, as by adding ``to a particular day;''
    but must be put simply ``that this House do now adjourn;'' and if
    carried in the affirmative, it is adjourned to the next sitting day,
    unless it has come to a previous resolution, ``that at its rising it
    will adjourn to a particular day,'' and then the House is adjourned to
    that day. 2 Hats., 82.

      The modern practice of the House adheres to this principle
    (Sec. Sec. 912-913, infra). Clause 4 of rule XVI admits at the
    discretion of the Speaker a separate motion of equal privilege that when
    the House adjourns on that day

    [[Page [305]]]

    it stand adjourned to a day and time certain (consistent with article I,
    section 5, clause 4 of the Constitution, not in excess of three days).

      Where it is <> convenient that
    the business of the House be suspended for a short time, as for a
    conference presently to be held, &c., it adjourns during pleasure; 2
    Hats., 305; or for a quarter of an hour. 4 Grey, 331.

      An adjournment during pleasure is effected in the House by a motion
    for a recess. A recess may not be taken by less than a quorum (IV, 2958-
    2960), and consequently the motion for it is not in order in the absence
    of a quorum (IV, 2955-2957). When the hour previously fixed for a recess
    arrives, the Chair declares the House in recess even in the midst of a
    division or when a quorum is not present (IV, 664; V, 6665, 6666); but a
    roll call is not in this way interrupted (V, 6054, 6055). Where a
    special order requires a recess at a certain hour of a certain day, the
    recess is not taken if the encroachment of a prior legislative day
    prevents the existence of the said certain day as a legislative day (IV,
    3192). And an adjournment at a time prior to the hour fixed for a recess
    vacates the recess (IV, 3283). A motion for a recess must, when
    entertained, be voted on, even though the taking of the vote may have
    been prevented until after the hour specified for the conclusion of the
    proposed recess (V, 6667). A Committee of the Whole takes a recess only
    by permission of the House (V, 6669-6671; VIII, 3362). The motion for a
    recess is not privileged (V, 4302, 5301, 6740), in the House or in
    Committee of the Whole (June 26, 1981, p. 14356) against a demand that
    business proceed in the regular order (V, 6663; VIII, 3354-3356).
    However, beginning in the 102d Congress a motion to authorize the
    Speaker to declare a recess was given a privilege equal to that of the
    motion to adjourn (clause 4 of rule XVI); and beginning in the 103d
    Congress the Speaker was authorized to declare a recess ``for a short
    time when no question is pending'' (clause 12 of rule I).

      If a <> question be put for adjournment, it is no adjournment till
    the Speaker pronounces it. 5 Grey, 137. And from courtesy and respect,
    no member leaves his place till the Speaker has passed on.

    [[Page [306]]]

    [DOCID:hd284-83]
                               sec. li--a session

      Parliament have <> three
    modes of separation, to wit: by adjournment, by prorogation or
    dissolution by the King, or by the efflux of the term for which they
    were elected. Prorogation or dissolution constitutes there what is
    called a session; provided some act was passed. In this case all matters
    depending before them are discontinued, and at their next meeting are to
    be taken up de novo, if taken up at all. 1 Blackst., 186. Adjournment,
    which is by themselves, is no more than a continuance of the session
    from one day to another, of for a fortnight, a month, &c., ad libitum.
    All matters depending remain in statu quo, and when they meet again, be
    the term ever so distant, are resumed, without any fresh commencement,
    at the point at which they were left. 1 Lev., 165; Lex. Parl., c. 2; 1
    Ro. Rep., 29; 4 Inst., 7, 27, 28; Hutt., 61; 1 Mod., 252; Ruffh. Jac.,
    L. Dict. Parliament; 1 Blackst., 186. Their whole session is considered
    in law but as one day, and has relation to the first day thereof. Bro.
    Abr. Parliament, 86.
      Committees may be <> appointed
    to sit during a recess by adjournment, but not by prorogation. 5 Grey,
    374; 9 Grey, 350; 1 Chandler, 50. Neither House can continue any portion
    of itself in any parliamentary function beyond the end of the session
    without the consent of the other two branches. When done, it is by a
    bill

    [[Page [307]]]

    constituting them commissioners for the particular purpose.

      The House may empower a committee to sit during a recess which is
    within the constitutional term of the House (IV, 4541-4543), but not
    thereafter (IV, 4545). Therefore committees are created commissions by
    law if their functions are to extend beyond the term of the Congress
    (IV, 4545). Under clause 2(m)(1)(A) of rule XI, all committees are
    authorized to sit and act anywhere within the United States, and to
    issue subpoenas, whether the House is in session or has adjourned to a
    date certain or adjourned sine die, even after the second regular
    session of a Congress until the end of the constitutional term. Under
    clause 1(b)(4) of rule XI, all committees are authorized to file
    investigative reports and annual activities reports following sine die
    adjournment.

      Congress separate <> in two ways only, to wit, by adjournment, or dissolution by
    the efflux of their time. What, then, constitutes a session with them? A
    dissolution certainly closes one session, and the meeting of the new
    Congress begins another. The Constitution authorizes the President, ``on
    extraordinary occasions to convene both Houses, or either of them.'' I.
    3. If convened by the President's proclamation, this must begin a new
    session, and of course determine the preceding one to have been a
    session. So if it meets under the clause of the Constitution which says,
    ``the Congress shall assemble at least once in every year, and such
    meeting shall be on the first Monday in December, unless they shall by
    law appoint a different day.'' I. 4. This must begin a new session; for
    even if the last adjournment was to this day the act of adjournment is
    merged in the higher authority of the Constitution, and the meeting will
    be under that, and not under their adjournment.

    [[Page [308]]]

    So far we have fixed landmarks for determining sessions. * * *

      The twentieth amendment to the Constitution, clause 2, now provides
    that the Congress shall assemble at least once in every year, at noon on
    the 3d day of January, unless they shall by law appoint a different day.
    Section 132 of the Legislative Reorganization Act of 1946, 60 Stat. 812,
    as amended by section 461 of the Legislative Reorganization Act of 1970,
    84 Stat. 1140, provides that except in time of war the two Houses shall
    adjourn sine die not later than the last day of July (Sundays excepted)
    unless otherwise provided by the Congress. (For form of resolution used
    to continue in session past July 31, see H. Con. Res. 648, 92d Cong.,
    July 25, 1972, p. 25145.) The same section contemplates an adjournment
    of Congress from the thirtieth day before to the second day following
    Labor Day in the first session of a Congress (each odd-numbered year) in
    lieu of a sine die adjournment. See Sec. 1105, infra. Congress is
    adjourned for more than three days by a concurrent resolution (IV, 4031,
    footnote), and such adjournments to a day certain, within the session,
    do not terminate the session (V, 6676, 6677). In one instance the two
    Houses by concurrent resolution provided for adjournment to a day
    certain with the provision that if there be no quorum present on that
    day the session should terminate (V, 6686). Prior to the adoption of the
    twentieth amendment it had become established practice that a meeting of
    Congress once within the year did not make uncertain the constitutional
    mandate to meet on the first Monday of December (I, 10, 11). And where a
    special session continued until the time prescribed by the Constitution
    for the annual meeting without an appreciable intervening time (V, 6690,
    6692), a question arose as to whether there had actually been a recess
    of Congress (V, 6687, 6693), with the conclusion that a recess was a
    real and not an imaginary time (V, 6687).
      * * * In other <> cases it is declared by the joint vote authorizing
    the President of the Senate and the Speaker to close the session on a
    fixed day, which is usually in the following form: ``Resolved by the
    Senate and House of Representatives, that the President of the Senate
    and the Speaker of the House of Representatives be authorized to close
    the present session by adjourning their respective Houses on the ----
    day of ----.''

      In the modern practice the resolving clause of the concurrent
    resolution is in form different from that given by Jefferson. For a
    history and chronology of adjournment resolutions, see Sec. 84, supra.

    [[Page [309]]]

      When it was <> said above that all matters depending before
    Parliament were discontinued by the determination of the session, it was
    not meant for judiciary cases depending before the House of Lords, such
    as impeachments, appeals, and writs of error. These stand continued, of
    course, to the next session. Raym., 120, 381; Ruffh. Fac., L. D.,
    Parliament.
      Impeachments stand, in like manner, continued before the Senate of the
    United States.

      For a discussion of continuance of impeachments, see Sec. 620, infra.

    [DOCID:hd284-84]
                               sec. lii--treaties

    * * * * *
      Treaties are <> legislative acts. A treaty is the law of the land. It
    differs from other laws only as it must have the consent of a foreign
    nation, being but a contract with respect to that nation. In all
    countries, I believe, except England, treaties are made by the
    legislative power; and there, also, if they touch the laws of the land
    they must be approved by Parliament. Ware v. Hylton, 3 Dallas's Rep.,
    223. It is acknowledged, for instance, that the King of Great Britain
    cannot by a treaty make a citizen of an alien. Vattel, b. 1, c. 19, sec.
    214. An act of Parliament was necessary to validate the American treaty
    of 1783. And abundant examples of such acts can be cited. In the case of
    the treaty of Utrecht, in 1712, the commercial articles required the
    concurrence of Parliament; but a bill brought in for

    [[Page [310]]]

    that purpose was rejected. France, the other contracting party, suffered
    these articles, in practice, to be not insisted on, and adhered to the
    rest of the treaty. 4 Russell's Hist. Mod. Europe, 457; 2 Smollet, 242,
    246.
      By the <> Constitution of the United States this department of
    legislation is confined to two branches only of the ordinary
    legislature--the President originating and the Senate having a negative.
    To what subjects this power extends has not been defined in detail by
    the Constitution; nor are we entirely agreed among ourselves. 1. It is
    admitted that it must concern the foreign nation party to the contract,
    or it would be a mere nullity, res inter alias acta. 2. By the general
    power to make treaties, the Constitution must have intended to
    comprehend only those subjects which are usually regulated by treaty,
    and can not be otherwise regulated. 3. It must have meant to except out
    of these the rights reserved to the States; for surely the President and
    Senate can not do by treaty what the whole Government is interdicted
    from doing in any way. 4. And also to except those subjects of
    legislation in which it gave a participation to the House. This last
    exception is denied by some on the ground that it would leave very
    little matter for the treaty power to work on. The less the better, say
    others. The Constitution thought it wise to restrain the executive and
    Senate from entangling and embroiling our affairs with those of Europe.
    Besides, as the negotiations are carried on by the executive

    [[Page [311]]]

    alone, the subjecting to the ratification of the representatives such
    articles as are within their participation is no more inconvenient than
    to the Senate. But the ground of this exception is denied as unfounded.
    For examine, e.g., the treaty of commerce with France, and it will be
    found that, out of thirty-one articles, there are not more than small
    portions of two or three of them which would not still remain as
    subjects of treaties, untouched by these exceptions.

      The <> participation of the House in the treaty-making power has
    been often examined since Jefferson's Manual was written. The House has
    in several instances taken action in carrying into effect, terminating,
    enforcing, and suggesting treaties (II, 1502-1505, 1520-1522), although
    sometimes the propriety of requesting the executive to negotiate a
    treaty has been questioned (II, 1514-1517).
      The exact <> authority of the House in the making of general treaties has
    been the subject of differences of opinion. In 1796 the House affirmed
    that, when a treaty related to subjects within the power of Congress, it
    was the constitutional duty of the House to deliberate on the expediency
    of carrying such treaty into effect (II, 1509); and in 1816, after a
    discussion with the Senate, the House maintained its position that a
    treaty must depend on a law of Congress for its execution as to such
    stipulations as relate to subjects constitutionally entrusted to
    Congress (II, 1506). In 1868 the House's assertion of right to a voice
    in carrying out the stipulations of certain treaties was conceded in a
    modified form (II, 1508). Again, in 1871, the House asserted its
    prerogative (II, 1523). In 1820 and 1868 there were discussions of the
    House's functions as to treaties ceding or acquiring foreign territory
    (II, 1507, 1508), and at various other times there have been discussions
    of the general subject (II, 1509, 1546, 1547; VI, 324-326).
      After long and <> careful consideration the Judiciary Committee of the House
    decided, in 1887, that the executive branch of the Government might not
    conclude a treaty affecting the revenue without the assent of the House
    (II, 1528-1530), and a Senate committee after examination concluded that
    duties were more properly regulated with the publicity of congressional
    action than by treaties negotiated by the President and ratified by the
    Senate in secrecy (II, 1532). In practice the House has acted on revenue
    treaties (II, 1531, 1533); and in 1880 it declared the negotiation

    [[Page [312]]]

    of a revenue treaty an invasion of its prerogatives (II, 1524). At other
    times the subject has been discussed (II, 1525-1528, 1531, 1533).
      After long <> discussion the House, in 1871, successfully asserted its
    right to a voice in approving Indian treaties (II, 1535, 1536), although
    in earlier times this prerogative had been jealously guarded by the
    executive (II, 1534).
      There have been various conflicts with the executive over requests of
    the House for papers relating to treaties (II, 1509-1513, 1518, 1519,
    1561).

      Treaties being <> declared, equally with the laws of the United States, to be the
    supreme law of the land, it is understood that an act of the legislature
    alone can declare them infringed and rescinded. This was accordingly the
    process adopted in the case of France in 1798.

      Notice to a foreign government of the abrogation of a treaty is
    authorized by a joint resolution (V, 6270). A resolution alleging an
    unconstitutional abrogation of a treaty by the President, and calling on
    the President to seek the approval of Congress prior to such abrogation,
    does not constitute a question of the privileges of the House under rule
    IX (June 6, 2002, p. ---- (sustained by tabling of appeal)).

      It has <> been the usage for the Executive, when it communicates a
    treaty to the Senate for their ratification, to communicate also the
    correspondence of the negotiators. This having been omitted in the case
    of the Prussian treaty, was asked by a vote of the House of February 12,
    1800, and was obtained. And in December, 1800, the convention of that
    year between the United States and France, with the report of the
    negotiations by the envoys, but not their instructions, being laid
    before the Senate, the instructions were asked for and communicated by
    the President.
      The mode of voting on questions of ratification is by nominal call.

    [[Page [313]]]

      The Senate now has rules governing its procedure on treaties.

    [DOCID:hd284-85]
                             sec. liii--impeachment

    * * * * *
      These are the <> provisions of the Constitution of the United States
    on the subject of impeachments. The following is a sketch of some of the
    principles and practices of England on the same subject:
      Jurisdiction. The Lords can not impeach any to themselves, nor join in
    the accusation, because they are the judges. Seld. Judic. in Parl., 12,
    63. Nor can they proceed against a commoner but on complaint of the
    Commons. Ib., 84. The Lords may not, by the law, try a commoner for a
    capital offense, on the information of the King or a private person,
    because the accused is entitled to a trial by his peers generally; but
    on accusation by the House of Commons, they may proceed against the
    delinquent, of whatsoever degree, and whatsoever be the nature of the
    offense; for there they do not assume to themselves trial at common law.
    The Commons are then instead of a jury, and the judgment is given on
    their demand, which is instead of a verdict. So the Lords do only judge,
    but not try the delinquent. Ib., 6, 7. But Wooddeson denies that a
    commoner can now be charged capitally before the Lords, even by the
    Commons; and cites Fitzharris's case, 1681, impeached of high treason,
    where the Lords remitted the prosecution to the inferior court. 8 Grey's
    Deb., 325-7; 2 Wooddeson, 576, 601; 3 Seld., 1604, 1610, 1618,

    [[Page [314]]]

    1619, 1641; 4 Blackst., 25; 9 Seld., 1656; 73 Seld., 1604-18.
      Accusation. The <> Commons, as the grand inquest of the nation, becomes
    suitors for penal justice. 2 Wood., 597; 6 Grey, 356. The general course
    is to pass a resolution containing a criminal charge against the
    supposed delinquent, and then to direct some member to impeach him by
    oral accusation, at the bar of the House of Lords, in the name of the
    Commons. The person signifies that the articles will be exhibited, and
    desires that the delinquent may be sequestered from his seat, or be
    committed, or that the peers will take order for his appearance. Sachev.
    Trial, 325; 2 Wood., 602, 605; Lords' Journ., 3 June, 1701; 1 Wms., 616;
    6 Grey, 324.

      In the <> House there are various methods of setting an impeachment in
    motion: by charges made on the floor on the responsibility of a Member
    or Delegate (II, 1303; III, 2342, 2400, 2469; VI, 525, 526, 528, 535,
    536); by charges preferred by a memorial, which is usually referred to a
    committee for examination (III, 2364, 2491, 2494, 2496, 2499, 2515; VI,
    543); by a resolution dropped in the hopper by a Member and referred to
    a committee (Apr. 15, 1970, p. 11941; Oct. 23, 1973, p. 34873); by a
    message from the President (III, 2294, 2319; VI, 498); by charges
    transmitted from the legislature of a State (III, 2469) or territory
    (III, 2487) or from a grand jury (III, 2488); or from facts developed
    and reported by an investigating committee of the House (III, 2399,
    2444). In the 93d Congress, the Vice President sought to initiate an
    investigation by the House of charges against him of possibly
    impeachable offenses. The Speaker and the House took no action on the
    request since the matter was pending in the courts and the offenses did
    not relate to activities during the Vice President's term of office
    (Sept. 25, 1973, p. 31368; III, 2510 (wherein the Committee on the
    Judiciary, to which the matter had been referred by privileged
    resolution, reported that the Vice President could not be impeached for
    acts or omissions committed prior to his term of office)). On the other
    hand, in 1826 the Vice President's request that the House investigate
    charges against his prior official conduct as Secretary of War was

    [[Page [315]]]

    referred, on motion, to a select committee (III, 1736). On September 9,
    1998, an independent counsel transmitted to the House under 28 U.S.C.
    595(c) a communication containing evidence of alleged impeachable
    offenses by the President. The House adopted a privileged resolution
    reported by the Committee on Rules referring the communication to the
    Committee on the Judiciary, restricting Members' access to the
    communication, and restricting access to committee meetings and hearings
    on the communication (H. Res. 525, Sept. 11, 1998, p. ----). Later, the
    House adopted a privileged resolution reported by the Committee on the
    Judiciary authorizing an impeachment inquiry by that committee (H. Res.
    581, Oct. 8, 1998, p. ----). The authority to appoint an independent
    counsel under 28 U.S.C. 573 expired on June 30, 1999.
      A direct <> proposition to impeach is a question of high privilege in
    the House and at once supersedes business otherwise in order under the
    rules governing the order of business (III, 2045-2048, 2051, 2398; VI,
    468, 469; July 22, 1986, p. 17294; Aug. 3, 1988, p. 20206; May 10, 1989,
    p. 8814; Sept. 23, 1998, p. ----; see Deschler, ch. 14, Sec. 8). It may
    not even be superseded by an election case, which is also a matter of
    high privilege (III, 2581). It does not lose its privilege from the fact
    that a similar proposition has been made at a previous time during the
    same session of Congress (III, 2408), previous action of the House not
    affecting it (III, 2053). As such, a report of the Committee on the
    Judiciary accompanying an impeachment resolution is filed from the floor
    as privileged (Dec. 17, 1998, p. ----), and is called up as privileged
    (Dec. 18, 1998, p. ----). The addition of new articles of impeachment
    offered by the managers but not reported by committee are also
    privileged (III, 2401), as is a proposition to refer to committee the
    papers and testimony in an impeachment of the preceding Congress (V,
    7261). To a privileged resolution of impeachment, an amendment proposing
    instead censure, which is not privileged, was held not germane (Dec. 19,
    1998, p. ----). On several occasions the Committee on the Judiciary,
    having been referred a question of impeachment, reported a
    recommendation that impeachment was not warranted and, thereafter,
    called up the report as a question of privilege (Deschler, ch. 14,
    Sec. 1.3). Under 28 U.S.C. 596(a) an independent counsel appointed to
    investigate the President may be impeached; and a resolution impeaching
    such independent counsel constitutes a question of the privileges of the
    House under rule IX (Sept. 23, 1998, p. ----).
      Propositions relating to an impeachment already made also are
    privileged (III, 2400, 2402, 2410; July 22, 1986, p. 17294; Dec. 2,
    1987, p. 33720; Aug. 3, 1988, p. 20206), such as resolutions providing
    for selection of managers of an impeachment (VI, 517; Dec. 19, 1998, p.
    ----), proposing abatement of impeachment proceedings (VI, 514),
    reappointing managers for impeachment proceedings continued in the
    Senate from the previous Congress (Jan. 3, 1989, p. 84; Jan. 6, 1999, p.
    ----), empowering managers to hire special legal and clerical personnel
    and providing for their pay,

    [[Page [316]]]

    and to carry out other responsibilities (Jan. 3, 1989, p. 84; Dec. 19,
    1998, p. ----; Jan. 6, 1999, p. ----), and replacing an excused manager
    (Feb. 7, 1989, p. 1726); but a resolution simply proposing an
    investigation, even though impeachment may be a possible consequence, is
    not privileged (III, 2050, 2546; VI, 463).
      Where a resolution of investigation positively proposes impeachment or
    suggests that end, it has been admitted as of privilege (III, 2051,
    2052, 2401, 2402), such as a resolution reported by the Committee on the
    Judiciary authorizing an impeachment inquiry by that committee and
    investing the committee with special investigative authorities to
    facilitate the inquiry (III, 2029; VI, 498, 528, 549; Deschler, ch. 14,
    Sec. Sec. 5.8, 6.2; H. Res. 581, Oct. 8, 1998, p. ----). A committee to
    which has been referred privileged resolutions for the impeachment of an
    officer may call up as privileged resolutions incidental to
    consideration of the impeachment question, including conferral of
    subpoena authority and funding of the investigation from the contingent
    fund (now referred to as ``applicable accounts of the House described in
    clause 1(i)(1) of rule X'') (VI, 549; Feb. 6, 1974, p. 2349). Similarly,
    a resolution authorizing depositions by committee counsel in an
    impeachment inquiry is privileged under rule IX as incidental to
    impeachment (Speaker Wright, Oct. 3, 1988, p. 27781).
      The impeachment <> having been made on the floor by a Member (III, 2342, 2400;
    VI, 525, 526, 528, 535, 536), or charges suggesting impeachment having
    been made by memorial (III, 2495, 2516, 2520; VI, 552), or even
    appearing through common fame (III, 2385, 2506), the House has at times
    ordered an investigation at once. At other times it has refrained from
    ordering investigation until the charges had been examined by a
    committee (III, 2364, 2488, 2491, 2492, 2494, 2504, 2513). Under the
    later practice, resolutions introduced through the hopper that directly
    call for the impeachment of an officer have been referred to the
    Committee on the Judiciary, while resolutions calling for an
    investigation by that committee or by a select committee with a view
    toward impeachment have been referred to the Committee on Rules (Oct.
    23, 1973, p. 34873). Upon receipt of a communication from an independent
    counsel transmitting to the House under 28 U.S.C. 595(c) a communication
    containing evidence of alleged impeachable offenses by the President,
    the House adopted a resolution reported by the Committee on Rules
    referring the communication to the Committee on the Judiciary to conduct
    a review (H. Res. 525, 106th Cong., Sept. 11, 1998, p. ----). Later, the
    House adopted a privileged resolution reported by the Committee on the
    Judiciary authorizing an impeachment inquiry by that committee (H. Res.
    581, Oct. 8, 1998, p. ----).
      The House has <> always examined the charges by its own committee before
    it has voted to impeach (III, 2294, 2487, 2501). This committee has
    sometimes been a select committee (III, 2342, 2487, 2494), sometimes a
    standing committee (III, 2400, 2409). In some instances the committee
    has

    [[Page [317]]]

    made its inquiry ex parte (III, 2319, 2343, 2366, 2385, 2403, 2496,
    2511); but in the later practice the sentiment of committees has been in
    favor of permitting the accused to explain, present witnesses, cross-
    examine (III, 2445, 2471, 2518), and be represented by counsel (III,
    2470, 2501, 2511, 2516; 93d Cong., Aug. 20, 1974, p. 29219; H. Rept.
    105-830, Dec. 16, 1998). The Committee on the Judiciary having been
    directed by the House to investigate whether sufficient grounds existed
    for the impeachment of President Nixon, and the President having
    resigned following the decision of that committee to recommend his
    impeachment to the House, the chairman of the committee submitted from
    the floor as privileged the committee's report containing the articles
    of impeachment approved by the committee but without an accompanying
    resolution of impeachment. The House thereupon adopted a resolution (1)
    taking notice of the committee's action on a resolution and Articles of
    Impeachment and of the President's resignation; (2) accepting the report
    and authorizing its printing, with additional views; and (3) commending
    the chairman and members of the committee for their efforts (Aug. 20,
    1974, p. 29361).
      During the <> pendency of an impeachment resolution, remarks in debate
    may include references to personal misconduct on the part of the
    President but may not include language generally abusive toward the
    President and may not include comparisons to the personal conduct of
    sitting Members of the House or Senate (Dec. 18, 1998, p. ----). A
    resolution setting forth four separate articles of impeachment may be
    divided among the articles (Dec. 19, 1998, p. ----).
      Its committee <> on investigation having reported, the House may vote the
    impeachment (III, 2367, 2412; VI, 500, 514; Mar. 2, 1936, pp. 3067-91),
    and, after having notified the Senate by message (III, 2413, 2446), may
    direct the impeachment to be presented at the bar of the Senate by a
    single Member (III, 2294), or by two (III, 2319, 2343, 2367), or five
    Members (III, 2445) or nine (July 22, 1986, p. 17306) or 13 (Dec. 19,
    1998, p. ----). These Members in two notable cases represented the
    majority party alone (e.g., Dec. 19, 1998, p. ----), but ordinarily
    include representation of the minority party (III, 2445, 2472, 2505).
    Under early practice the House elected managers by ballot (III, 2300,
    2323, 2345, 2368, 2417). In two instances the Speaker appointed the
    managers on behalf of the House pursuant to an order of the House (III,
    2388, 2475). Since 1912 the House has adopted a resolution appointing
    managers. In the later practice the House considers together the
    resolution and articles of impeachment (VI, 499, 500, 514; Mar. 2, 1936,
    pp. 3067-91) and following their adoption adopts resolutions electing
    managers to present the articles before the Senate, notifying the Senate
    of the adoption of articles and election of managers, and authorizing
    the managers to prepare for and to conduct the trial in the Senate (VI,
    500, 514, 517; Mar. 6, 1936, pp. 3393, 3394; July 22, 1986, p. 17306;
    Aug. 3, 1988, p. 20206). These privileged incidental resolutions may be
    merged

    [[Page [318]]]

    into a single indivisible privileged resolution (H. Res. 614, Dec. 19,
    1998, p. ----; H. Res. 10, Jan. 6, 1999, p. ----).
      Process. If the <> party do not appear, proclamations are to be issued, giving
    him a day to appear. On their return they are strictly examined. If any
    error be found in them, a new proclamation issues, giving a short day.
    If he appear not, his goods may be arrested, and they may proceed. Seld.
    Jud. 98, 99.

      Under <> an order of the Senate, the Secretary of the Senate
    informed the House and the Chief Justice that it was ready to receive
    the House managers for the purpose of exhibiting articles of impeachment
    against President Clinton (Jan. 6, 1999, p. ----). At the appointed hour
    the House managers were announced and escorted into the Senate chamber
    by the Senate Sergeant-at-Arms (Jan. 7, 1999, p. ----). The managers
    presented the articles of impeachment by reading two resolutions as
    follows: (1) the appointment of managers (H. Res. 10, Jan. 7, 1999, p.
    ----); and (2) the two articles of impeachment (H. Res. 611, Jan. 7,
    1999, p. ----). Thereupon, the managers requested the Senate take order
    for trial (Jan. 7, 1999, p. ----).
      The Senate adopted a resolution governing the initial impeachment
    proceedings of President Clinton (S. Res. 16, Jan. 8, 1999, p. ----).
    Later it adopted a second resolution governing the remaining proceedings
    (S. Res. 30, Jan. 28, 1999, p. ----). The first resolution issued the
    summons in the usual form. It also provided a timetable for (1) the
    filing of an answer by the President; (2) the filing of a reply by the
    House, together with the record consisting of publicly available
    materials that had been submitted to or produced by the House Judiciary
    Committee (the resolution further directed that the record be admitted
    into evidence, printed, and made available to Senators); (3) the filing
    of a trial brief by the House; (4) the filing of any motions permitted
    under the rules of impeachment (except for motions to subpoena witnesses
    or to present evidence not in the record); (5) the filing of responses
    to any such motions; (6) the filing of a trial brief by the President;
    (7) the filing of a rebuttal brief by the House; and (8) arguments on
    such motions. The resolution then directed the Senate to dispose of any
    such motions and established a further timetable for (1) the House to
    make its presentation in support of the articles of impeachment (such
    argument to be confined to the record); (2) the President to make his
    presentation in opposition to the articles of impeachment; and (3) the
    Senators to question the parties. The resolution directed the Senate,
    upon completion of that phase of the proceedings, to dispose of a motion
    to dismiss, and if defeated, to dispose of a motion to subpoena
    witnesses

    [[Page [319]]]

    or to present any evidence not in the record. The resolution further
    provided that, if the motion to call witnesses were adopted, the
    witnesses would first be deposed and then the Senate would decide which
    witnesses should testify. It further provided that if the Senate failed
    to dismiss the case, the parties would proceed to present evidence.
    Finally, the resolution directed the Senate to vote on each article of
    impeachment at the conclusion of the deliberations. The evidentiary
    record (summons, answer, replies, and trial briefs) was printed in the
    Record by unanimous consent (Jan. 14, 1999, p. ----). Pursuant to the
    previous order of the Senate (S. Res. 16, Jan. 8, 1999, p. ----), the
    House managers were recognized for 24 hours to present their case in
    support of conviction and removal of President Clinton (Jan. 14, 1999,
    p. ----); counsel for the President was then recognized for 24 hours to
    present the President's defense (Jan. 19, 1999, p. ----); and Senators
    submitted questions in writing of either the House managers or the
    President's counsel (which were read by the Chief Justice, alternating
    between parties) for a period not to exceed 16 hours (Jan. 22, 1999, p.
    ----). The Chief Justice ruled that a House manager could not object to
    a question although he could object to an answer (Jan. 22, 1999, p. ----
    ; Jan. 23, 1999, p. ----). The Senate adopted a motion to consider a
    motion to dismiss in executive session (Jan. 25, 1999, p. ----), and the
    motion to dismiss was defeated (Jan. 27, 1999, p. ----). The Senate
    adopted a motion to consider a motion of the House managers to subpoena
    witnesses in executive session (Jan. 26, 1999, p. ----). The Senate
    adopted that motion, which: (1) authorized the issuance of subpoenas for
    depositions of three witnesses; (2) admitted miscellaneous documents
    into the trial record; and (3) petitioned the Senate to request the
    appearance of President Clinton at a deposition (Jan. 26, 1999, p. ----
    ).
      The Senate subsequently adopted a resolution governing the remaining
    impeachment proceedings as follows: (1) establishment of a timetable for
    conducting and reviewing depositions, resolving any objections made
    during the depositions, and considering motions to admit any portions of
    the depositions into evidence; (2) consideration of motions for
    additional discovery (if made by the two Leaders jointly); (3)
    disposition of motions governing the presentation of evidence or
    witnesses before the Senate and motions by the President's counsel
    (specifically precluding a motion to reopen the record and specifically
    permitting a motion to allow final deliberations in open session); (4)
    establishment of a timetable to vote on the articles of impeachment; and
    (5) authorization to issue subpoenas to take certain depositions and to
    establish procedures for conducting depositions (S. Res. 30, Jan. 28,
    1999, p. ----). The Senate adopted two parts of a divided motion as
    follows: (1) permitting the House managers to admit transcripts and
    videotapes of oral depositions into evidence (Feb. 4, 1999, p. ----);
    and (2) permitting the parties to present before the Senate for an
    equally divided specified period of time portions of videotapes or oral
    depositions admitted into evidence, having first rejected a preemptive
    motion to restrict the House managers' presentation of evidence to
    written transcripts (Feb.

    [[Page [320]]]

    4, 1999, p. ----). The Senate rejected the portion of the divided motion
    that would have authorized a subpoena for the appearance of a named
    witness (Feb. 4, 1999, p. ----). During debate on the motion, the
    Senate, by unanimous consent, permitted the House managers and counsel
    for the President to make references to videotaped oral depositions
    (Feb. 4, 1999, p. ----). The Senate rejected two additional motions as
    follows: (1) a motion to proceed directly to closing arguments and an
    immediate vote on the articles of impeachment (Feb. 4, 1999, p. ----);
    and (2) a motion that the House managers provide written notice to
    counsel for the President by a time certain of those portions of
    videotaped deposition testimony they planned to use during their
    evidentiary presentation or during closing arguments (Feb. 4, 1999, p.
    ----). By unanimous consent the Senate printed certain deposition
    transcripts in the Record and transmitted to the House managers and the
    counsel for the President deposition transcripts and videotapes (Feb. 4,
    1999, p. ----). The Chief Justice held inadmissible a portion of a
    videotaped deposition not entered as evidence into the Senate record
    (other portions of which were admitted under an order of the Senate),
    and a unanimous consent request nevertheless to admit that portion of a
    deposition was objected to (Feb. 6, 1999, p. ----). After closing
    arguments, the Senate adopted a motion to consider the articles of
    impeachment in closed session (Feb. 9, 1999, p. ----). After closed
    deliberations the Senate Clerk read the articles of impeachment against
    President Clinton in open session, and each Senator voted ``guilty'' or
    ``not guilty'' on each article (Feb. 12, 1999, p. ----). By votes of 45-
    55 and 50-50 respectively, the Senate adjudged President Clinton not
    guilty on each article of impeachment (Feb. 12, 1999, p. ----). The
    Senate communicated to the House and the Secretary of State the judgment
    of the Senate (Feb. 12, 1999, p. ----).
      See S. Doc. 93-102, ``Procedure and Guidelines for Impeachment Trials
    in the United States Senate,'' for precedents relating to the conduct of
    Senate impeachments.

      Articles. The accusation <> (articles) of the Commons is substituted in place of an
    indictment. Thus, by the usage of Parliament, in impeachment for writing
    or speaking, the particular words need not be specified. Sach. Tr., 325;
    2 Wood., 602, 605; Lords' Journ., 3 June, 1701; 1 Wms., 616.

      Having delivered the impeachment, the committee returns to the House
    and reports verbally (III, 2413, 2446; VI, 501). Formerly, the House
    exhibited its articles after the impeachment had been carried to the bar
    of the Senate; in the later practice, the resolution and articles of
    impeachment have been considered together and exhibited simultaneously
    in the Senate by the managers (VI, 501, 515; Mar. 10, 1936, pp. 3485-88;
    Oct. 7, 1986,

    [[Page [321]]]

    p. 29126; Jan. 7, 1999, p. ----). The managers, who are elected by the
    House (III, 2300, 2345, 2417, 2448; VI, 500, 514, 517; Mar. 2, 1936, pp.
    3393, 3394) or appointed by the Speaker (III, 2388, 2475), carry the
    articles in obedience to a resolution of the House (III, 2417, 2419,
    2448) to the bar of the Senate (III, 2420, 2449, 2476), the House having
    previously informed the Senate (III, 2419, 2448) and received a message
    informing them of the readiness of the latter body to receive the
    articles (III, 2078, 2325, 2345; Aug. 6, 1986, p. 19335; Jan. 6, 1999,
    p. ----). Having exhibited the articles the managers return and report
    verbally to the House (III, 2449, 2476).
      The articles in the Belknap impeachment were held sufficient, although
    attacked for not describing the respondent as one subject to impeachment
    (III, 2123). In the proceedings against Judge Ritter, objections to the
    articles of impeachment, on the ground that they duplicated and
    accumulated separate offenses, were overruled (Apr. 3, 1936, p. 4898;
    Apr. 17, 1936, p. 5606). These articles are signed by the Speaker and
    attested by the Clerk (III, 2302, 2449), and in form approved by the
    practice of the House (III, 2420, 2449, 2476).
      Articles of impeachment which have been exhibited to the Senate may be
    subsequently modified or amended by the House (VI, 520; Mar. 30, 1936,
    pp. 4597-99), and a resolution proposing to amend articles of
    impeachment previously adopted by the House is privileged for
    consideration when reported by the managers on the part of the House
    (VI, 520; Mar. 30, 1936, p. 4597).
      For discussion of substantive charges contained in articles of
    impeachment and the constitutional grounds for impeachment, see
    Sec. 175, supra (accompanying Const., art. II, sec. 4). For a discussion
    of the presentation of the House managers in support of the impeachment
    of President Clinton, and related matters, see Sec. 608a, supra.

      Appearance. If he <> appear, and the case be capital, he answers in custody;
    though not if the accusation be general. He is not to be committed but
    on special accusations. If it be for a misdemeanor only, he answers, a
    lord in his place, a commoner at the bar, and not in custody, unless, on
    the answer, the Lords find cause to commit him, till he finds sureties
    to attend, and lest he should fly. Seld. Jud., 98, 99. A copy of the
    articles is given him, and a day fixed for his answer. T. Ray.; 1
    Rushw., 268; Fost., 232; 1 Clar. Hist. of the Reb.,

    [[Page [322]]]

    379. On a misdemeanor, his appearance may be in person, or he may answer
    in writing, or by attorney. Seld. Jud., 100. The general rule on
    accusation for a misdemeanor is, that in such a state of liberty or
    restraint as the party is when the Commons complain of him, in such he
    is to answer. Ib., 101. If previously committed by the commons, he
    answers as a prisoner. But this may be called in some sort judicium
    parium suorum. Ib. In misdemeanors the party has a right to counsel by
    the common law, but not in capital cases. Seld. Jud., 102, 105.

      This paragraph <> of the parliamentary law is largely obsolete
    so far as the practice of the House and the Senate are concerned. The
    accused may appear in person or by attorney (III, 2127, 2349, 2424), and
    take the stand in his own behalf (VI, 511, 524; Apr. 11, 1936, pp. 5370-
    86; Oct. 7, 1986, p. 29149), or he may not appear at all (III, 2307,
    2333, 2393). In case he does not appear the House does not ask that he
    be compelled to appear (III, 2308), but the trial proceeds as on a plea
    of ``not guilty.'' It has been decided that the Senate has no power to
    take into custody the body of the accused (III, 2324, 2367). The writ of
    summons to the accused recites the articles and notifies him to appear
    at a fixed time and place and file his answer (III, 2127). In all cases
    respondent may appear by counsel (III, 2129), and in one trial, when a
    petition set forth that respondent was insane, the counsel of his son
    was admitted to be heard and present evidence in support of the
    petition, but not to make argument (III, 2333). For a discussion of
    answers, arguments, and presentations of the respondent in the Clinton
    impeachment proceedings, see Sec. 608a, supra.
      The chairman of the committee impeaches at the bar of the Senate by
    oral accusation (III, 2413, 2446, 2473), and the managers for the House
    attend in the Senate after the articles have been exhibited and demand
    that process issue for the attendance of respondent (III, 2451, 2478),
    after which they return and report verbally to the House (III, 2423,
    2451; VI, 501). The Senate thereupon issue a writ of summons, fixing the
    day of return (III, 2423, 2451; S. Res. 16, Jan. 8, 1999, p. ----); and
    in a case wherein the respondent did not appear by person or attorney
    the Senate published a proclamation for him to appear (III, 2393). But
    the respondent's goods were not attached. In only one case has the
    parliamentary law as to sequestration and committal been followed (III,
    2118, 2296), later in

    [[Page [323]]]

    quiry resulting in the conclusion that the Senate had no power to take
    into custody the body of the accused (III, 2324, 2367).

      Answer. The <> answer need not
    observe great strictness of the form. He may plead guilty as to part,
    and defend as to the residue; or, saving all exceptions, deny the whole
    or give a particular answer to each article separately. 1 Rush., 274; 2
    Rush., 1374; 12 Parl. Hist., 442; 3 Lords' Journ., 13 Nov., 1643; 2
    Wood., 607. But he cannot plead a pardon in bar to the impeachment. 2
    Wood., 615; 2 St. Tr., 735.

      In the Senate proceedings of the impeachment of President Andrew
    Johnson, the answer of the President took up the articles one by one,
    denying some of the charges, admitting others but denying that they set
    forth impeachable offenses, and excepting to the sufficiency of others
    (III, 2428). The form of this answer was commented on during preparation
    of the replication in the House (III, 2431). In the Senate proceedings
    on the impeachment of President Clinton, the answer of the President
    also took up the articles one by one, denying some of the charges and
    admitting others but denying that they set forth impeachable offenses
    (Jan. 14, 1999, p. ----). Blount and Belknap demurred to the charges on
    the ground that they were not civil officers within the meaning of the
    Constitution (III, 2310, 2453), and Swayne also raised questions as to
    the jurisdiction of the Senate (III, 2481). The answer is part of the
    pleadings, and exhibits in the nature of evidence may not properly be
    attached thereto (III, 2124). The answer of the respondent in
    impeachment proceedings is messaged to the House and subsequently
    referred to the managers on the part of the House (VI, 506; Apr. 6,
    1936, p. 5020; Sept. 9, 1986, p. 22317).
      For a chronology of arguments and presentations of the respondent in
    the Clinton impeachment proceedings, see Sec. 608a, supra.

      Replication, rejoinder, <> &c. There
    may be a replication, rejoinder, &c. Sel. Jud., 114; 8 Grey's Deb., 233;
    Sach. Tr., 15; Journ. H. of Commons, 6 March, 1640-1.

      A replication is always filed (for the form of replication in modern
    practice, see Sept. 26, 1988, p. 25357), and in one instance the
    pleadings proceeded to a rejoinder, surrejoinder, and similiter (III,
    2455). A respondent has also filed a protest instead of pleading on the
    merits (III, 2461), but

    [[Page [324]]]

    there was objection to this and the Senate barely permitted it. In
    another case respondent interposed a plea as to jurisdiction of offenses
    charged in certain articles, but declined to admit that it was a
    demurrer with the admissions pertinent thereto (III, 2125, 2431). In the
    Belknap trial the House was sustained in averring in pleadings as to
    jurisdiction matters not averred in the articles (III, 2123). The right
    of the House to allege in the replication matters not touched in the
    articles has been discussed (III, 2457). In the Louderback (VI, 522) and
    Ritter (Apr. 6, 1936, p. 4971) impeachment proceedings, the managers on
    the part of the House prepared and submitted the replication to the
    Senate without its consideration by the House, contrary to former
    practice (VI, 506). The Senate may consider in closed session various
    preliminary motions made by respondent (e.g., to declare the Senate rule
    on appointment of a committee to receive evidence to be
    unconstitutional, to declare beyond a reasonable doubt as the standard
    of proof in an impeachment trial, and to postpone the impeachment trial)
    prior to voting in open session to dispose of those motions (Oct. 7 and
    8, 1986, pp. 29151 and 29412).
      For a chronology in the Senate of disposition of motions permitted
    under Senate impeachment rules, see Sec. 608a, supra.

      Witnesses. The <> practice
    is to swear the witnesses in open House, and then examine them there; or
    a committee may be named, who shall examine them in committee, either on
    interrogatories agreed on in the House, or such as the committee in
    their discretion shall demand. Seld. Jud., 120, 123.

      In trials before the Senate witnesses have always been examined in
    open Senate, although examination by a committee has been suggested
    (III, 2217) and utilized (S. Res. 38, 101st Cong., Mar. 16, 1989, p.
    4533). In the 74th Congress, the Senate amended its rules for
    impeachment trials to allow the presiding officer, upon the order of the
    Senate, to appoint a committee to receive evidence and take testimony in
    the trial of any impeachment (May 28, 1935, p. 8309). In the trial of
    Judge Claiborne the Senate directed the appointment of a committee of
    twelve Senators to take evidence and testimony pursuant to rule XI of
    the Rules of Procedure and Practice in the Senate when Sitting on
    Impeachment Trials (S. Res. 481, Aug. 15, 1986, p. 22035); and in Nixon
    v. United States, 113 S. Ct. 732 (1993), the Supreme Court refused to
    declare unconstitutional the appointment of such a committee to take
    evidence and testimony.
      For a chronology of motions to subpoena witnesses during the Senate
    impeachment proceedings against President Clinton, see Sec. 608a, supra.

    [[Page [325]]]

      Jury. In the <> case of Alice Pierce, 1 R., 2, a jury was impaneled for
    her trial before a committee. Seld. Jud., 123. But this was on a
    complaint, not on impeachment by the Commons. Seld. Jud., 163. It must
    also have been for a misdemeanor only, as the Lords spiritual sat in the
    case, which they do on misdemeanors, but not in capital cases. Id., 148.
    The judgment was a forfeiture of all her lands and goods. Id., 188.
    This, Selden says, is the only jury he finds recorded in Parliament for
    misdemeanors; but he makes no doubt, if the delinquent doth put himself
    on the trial of his country, a jury ought to be impaneled, and he adds
    that it is not so on impeachment by the Commons, for they are in loco
    proprio, and there no jury ought to be impaneled. Id., 124. The Ld.
    Berkeley, 6 E., 3, was arraigned for the murder of L. 2, on an
    information on the part of the King, and not on impeachment of the
    Commons; for then they had been patria sua. He waived his peerage, and
    was tried by a jury of Gloucestershire and Warwickshire. Id., 126. In 1
    H., 7, the Commons protest that they are not to be considered as parties
    to any judgment given, or hereafter to be given in Parliament. Id., 133.
    They have been generally and more justly considered, as is before
    stated, as the grand jury; for the conceit of Selden is certainly not
    accurate, that they are the patria sua of the accused, and that the
    Lords do only judge, but not try. It is undeniable that they do try; for
    they examine witnesses as to the facts, and acquit or condemn,

    [[Page [326]]]

    according to their own belief of them. And Lord Hale says, ``the peers
    are judges of law as well as of fact;'' 2 Hale, P. C., 275; Consequently
    of fact as well as of law.

      No jury is possible as part of an impeachment trial under the
    Constitution (III, 2313). In 1868, after mature consideration, the
    Senate overruled the old view of its functions (III, 2057), and decided
    that it sat for impeachment trials as the Senate and not as a court
    (III, 2057), and eliminated from its rules all mention of itself as a
    ``high court of impeachment'' (III, 2079, 2082). However, the modern
    view of the Senate as a court was evident during the impeachment trial
    of President Clinton. There the Senate convened as a ``Court of
    Impeachment'' (see, e.g., Jan. 7, 1999, p. ----). In response to an
    objection raised by a Senator, the Chief Justice held that the Senate
    was not sitting as a ``jury'' but was sitting as a ``court'' during the
    impeachment trial of President Clinton. As such, the House managers were
    directed to refrain from referring to the Senators as ``jurors'' (Jan.
    15, 1999, p. ----).
      An anxiety lest <> the Chief
    Justice might have a vote in the approaching trial of the President
    seems to have prompted this earlier action (III, 2057). There was
    examination of the question of the Chief Justice's power to vote (III,
    2098); but the Senate declined to declare his incapacity to vote, and he
    did in fact give a casting vote on incidental questions (III, 2067).
    Under the earlier practice, the Senate declined to require that the
    Chief Justice be sworn when about to preside (III, 2080); but the Chief
    Justice had the oath administered by an associate justice (III, 2422).
    The President pro tempore of the Senate, pursuant to an earlier order of
    the Senate, appointed a committee to escort the Chief Justice into the
    Senate chamber to preside over the impeachment trial of President
    Clinton, administered the oath to him, and the Chief Justice in turn
    administered the oath to the Senators (Jan. 7, 1999, p. ----).
      In impeachments for officers other than the President of the United
    States the presiding officer of the Senate presides, whether he be Vice
    President, the regular President pro tempore (III, 2309, footnote, 2337,
    2394) or a special President pro tempore chosen to preside at the trial
    only (III, 2089, 2477).
      Senators elected after <> the
    beginning of an impeachment trial are sworn as in the case of other
    Senators (III, 2375). The quorum of the Senate sitting for an
    impeachment trial is a quorum of the Senate itself, and not merely a
    quorum of the Senators sworn for the trial (III, 2063). The vote
    required for conviction is two-thirds of those Senators present and
    voting (Oct. 20, 1989, p. 25335). In 1868, when certain States were
    without representation, the Senate declined to question its competency
    to try an impeachment case (III,

    [[Page [327]]]

    2060). The President pro tempore of the Senate administered the oath to
    the Chief Justice presiding over the impeachment trial of President
    Clinton, and the Chief Justice in turn administered the oath to the
    Senators (Jan. 7, 1999, p. ----).

      Presence of <> Commons.
    The Commons are to be present at the examination of witnesses. Seld.
    Jud., 124. Indeed, they are to attend throughout, either as a committee
    of the whole House, or otherwise, at discretion, appoint managers to
    conduct the proofs. Rushw. Tr. of Straff., 37; Com. Journ., 4 Feb.,
    1709-10; 2 Wood., 614. And judgment is not to be given till they demand
    it. Seld. Jud., 124. But they are not to be present on impeachment when
    the Lords consider of the answer or proofs and determine of their
    judgment. Their presence, however, is necessary at the answer and
    judgment in case capital Id., 58, 158, as well as not capital; 162. * *
    *.

      The <> House has consulted its own inclination and
    convenience about attending its managers at an impeachment. It did not
    attend at all in the trials of Blount, Swayne, Archbald. Louderback and
    Ritter (III, 2318, 2483; VI, 504, 516); and after attending at the
    answer of Belknap, decided that it would be represented for the
    remainder of the trial by its managers alone (III, 2453). At the trial
    of the President the House, in Committee of the Whole, attended
    throughout the trial (III, 2427), but this is exceptional. In the Peck
    trial the House discussed the subject (III, 2377) and reconsidered its
    decision to attend the trial daily (III, 2028). While the Senate is
    deliberating the House does not attend (III, 2435); but when the Senate
    votes on the charges, as at the other open proceedings of the trial, it
    may attend (III, 2383, 2388, 2440). While it has frequently attended in
    Committee of the Whole, it may attend as a House (III, 2338).

      * * * The <> Lords debate the judgment among themselves. Then the vote is
    first taken on the question of guilty or not guilty; and if they
    convict, the

    [[Page [328]]]

    question, or particular sentence, is out of that which seemeth to be
    most generally agreed on. Seld. Jud., 167; 2 Wood., 612.

      The question in judgment in an impeachment trial has occasioned
    contention in the Senate (III, 2339, 2340), and in the trial of the
    President the form was left to the Chief Justice (III, 2438, 2439). In
    the Belknap trial there was much deliberation over this subject (III,
    2466). In the Chase trial the Senate modified its former rule as to form
    of final question (III, 2363). The yeas and nays are taken on each
    article separately (III, 2098, 2339) in the form ``Senators, how say
    you? is the respondent guilty or not guilty?'' (Oct. 9, 1986, p. 29871).
    But in the trial of President Johnson the Senate, by order, voted on the
    articles in an order differing from the numerical order (III, 2440),
    adjourned after voting on one article (III, 2441), and adjourned without
    day after voting on three of the eleven articles (III, 2443). In other
    impeachments, the Senate has adopted an order to provide the method of
    voting and putting the question separately and successively on each
    article (VI, 524; Apr. 16, 1936, p. 5558). For a discussion of the vote
    of the Senate on each article of impeachment of President Clinton, see
    Sec. 608a, supra.

      Judgment. Judgments in <> Parliament, for death have been strictly guided per
    legem terrae, which they can not alter; and not at all according to
    their discretion. They can neither omit any part of the legal judgment
    nor add to it. Their sentence must be secundum non ultra legem. Seld.
    Jud., 168, 171. This trial, though it varies in external ceremony, yet
    differs not in essentials from criminal prosecutions before inferior
    courts. The same rules of evidence, the same legal notions of crimes and
    punishments, prevailed; for impeachments are not framed to alter the
    law, but to carry it into more effectual execution against too powerful
    delinquents. The judgment, therefore, is to be such as is warranted by
    legal principles or precedents. 6 Sta. Tr., 14; 2 Wood., 611. The
    Chancellor gives judgment in misdemeanors; the Lord

    [[Page [329]]]

    High Steward formerly in cases of life and death. Seld. Jud., 180. But
    now the Steward is deemed not necessary. Fost., 144; 2 Wood., 613. In
    misdemeanors the greatest corporal punishment hath been imprisonment.
    Seld. Jud., 184. The King's assent is necessary to capital judgments
    (but 2 Wood., 614, contra), but not in misdemeanors, Seld. Jud., 136.

      The Constitution of the United States (art. I, sec. 3, cl. 7) limits
    the judgment to removal and disqualification. The order of judgment
    following conviction in an impeachment trial is divisible for a separate
    vote if it contains both removal and disqualification (III, 2397; VI,
    512; Apr. 17, 1936, p. 5606), and an order of judgment (such as
    disqualification) requires a majority vote (VI, 512; Apr. 17, 1936, p.
    5607). Under earlier practice, after a conviction the Senate voted
    separately on the question of disqualification (III, 2339, 2397), but no
    vote is required by the Senate on judgment of removal from office
    following conviction, since removal follows automatically from
    conviction under article II, section 4 of the Constitution (Apr. 17,
    1936, p. 5607). Thus, the presiding officer directs judgment of removal
    from office to be entered and the respondent removed from office without
    separate action by the Senate where disqualification is not contemplated
    (Oct. 9, 1986, p. 29873). A resolution impeaching the President may
    provide only for his removal from office (H. Res. 1333, 93d Cong., Aug.
    20, 1974, p. 29361) or for both his removal and disqualification from
    holding any future office (H. Res. 611, 105th Cong., Dec. 19, 1998, p.
    ----).

      Continuance. An <> impeachment is not discontinued by the dissolution of
    Parliament, but may be resumed by the new Parliament. T. Ray 383; 4 Com.
    Journ., 23 Dec., 1790; Lord's Jour., May 15, 1791; 2 Wood., 618.

      In Congress impeachment proceedings are not discontinued by a recess
    (III, 2299, 2304, 2344, 2375, 2407, 2505, see also Sec. 592, supra). The
    following impeachment proceedings extended from one Congress to the
    next: (1) the impeachment of Judge Pickering was presented in the Senate
    on the last day of the Seventh Congress (III, 2320), and the Senate
    conducted the trial in the Eighth Congress (III, 2321); (2) the
    impeachment of Judge Louderback was presented in the Senate on the last
    day of the 72d Con

    [[Page [330]]]

    gress (VI, 515), and the Senate conducted the trial in the 73d Congress
    (VI, 516); (3) the impeachment of Judge Hastings was presented in the
    Senate during the second session of the 100th Congress (Aug. 3, 1988, p.
    20223) and the trial in the Senate continued into the 101st Congress
    (Jan. 3, 1989, p. 84). The impeachment of President Clinton was
    presented to the Senate after the Senate had adjourned sine die for the
    105th Congress (Dec. 19, 1998, p. ----), and the Senate conducted the
    trial in the 106th Congress (Jan. 7, 1999, p. ----). While impeachment
    proceedings may continue from one Congress to the next, the authority of
    the managers appointed by the House expires at the end of a Congress;
    and the managers must be reappointed when a new Congress convenes (Jan.
    6, 1999, p. ----).

    [[Page [331]]]

    ========================================================================

    [DOCID:hd284-86]
                      RULES OF THE HOUSE OF REPRESENTATIVES

                                      with

                              NOTES AND ANNOTATIONS

    ========================================================================

    [[Page [333]]]

        RULES OF THE HOUSE OF REPRESENTATIVES, WITH NOTES AND ANNOTATIONS

                                   __________

    [DOCID:hd284-87]
                                     Rule I

    [DOCID:hd284-88]
                                   the speaker

    Approval of the Journal
      1. The Speaker shall take the Chair on every legislative day precisely
    at the hour to which the House last adjourned and immediately call the
    House to order. <> Having
    examined and approved the Journal of the last day's proceedings, the
    Speaker shall announce to the House his approval thereof. The Speaker's
    approval of the Journal shall be deemed agreed to unless a Member,
    Delegate, or Resident Commissioner demands a vote thereon. If such a
    vote is decided in the affirmative, it shall not be subject to a motion
    to reconsider. If such a vote is decided in the negative, then one
    motion that the Journal be read shall be privileged, shall be decided
    without debate, and shall not be subject to a motion to reconsider.

      This clause was adopted in 1789, amended in 1811, 1824 (II, 1310),
    1971 (H. Res. 5, Jan. 22, 1971, pp. 140-44, with the implementation of
    the Legislative Reorganization Act of 1970, 84 Stat. 1140), and 1979 (H.
    Res. 5, 96th Cong., Jan. 15, 1979, pp. 7, 16). Clerical and stylistic
    changes were effected when the House recodified its rules in the 106th
    Congress (H. Res. 5, Jan. 6, 1999, p. ----).
      The hour of meeting is fixed by standing order, and has traditionally
    been set at 12 m. (I, 104-109, 116, 117; IV, 4325); but beginning in the

    [[Page [334]]]

    95th Congress, the House by standing order formalized the practice of
    varying its convening time to accommodate committee meetings on certain
    days of the week and to maximize time for floor action on other days (H.
    Res. 7, Jan. 4, 1977, p. 70; H. Res. 949, Jan. 19, 1978, p. 108; H. Res.
    9, Jan. 15, 1979, p. 17; H. Res. 522, Jan. 22, 1980, p. 188; H. Res. 8,
    Jan. 5, 1981, p. 114; H. Res. 313, Jan. 25, 1982, p. 62; H. Res. 8, Jan.
    3, 1983, p. 51; H. Res. 388, Jan. 23, 1984, p. 74; H. Res. 9, Jan. 3,
    1985, p. 414; H. Res. 355, Jan. 21, 1986, p. 2; H. Res. 7, Jan. 6, 1987,
    p. 19; H. Res. 348, Jan. 25, 1988, p. 39; H. Res. 7, Jan. 3, 1989, p.
    82; H. Res. 304, Jan. 23, 1990, p. 3; H. Res. 7, Jan. 3, 1991, p. 63; H.
    Res. 330, Jan. 28, 1992, p. 684; H. Res. 7, Jan. 5, 1993, p. 101; H.
    Res. 327, Jan. 25, 1994, p. 88; H. Res. 8, Jan. 4, 1995, p. 547; H. Res.
    327, Jan. 3, 1996, p. 36; H. Res. 9, Jan. 7, 1997, p. 143; H. Res. 337,
    Jan. 27, 1998, p. ----; H. Res. 14, Jan. 6, 1999, p. ----; H. Res. 403,
    Jan. 27, 2000, p. ----; H. Res. 9, Jan. 3, 2001, p. ----; H. Res. 333,
    Jan. 23, 2002, p. ----). In the first session of the 108th Congress, the
    House provided that it would meet at 2 p.m. on Mondays, noon on
    Tuesdays, and 10 a.m. on the balance of the week through May 19, after
    which it would meet at noon on Mondays, 10 a.m. on Tuesdays, Wednesdays,
    and Thursdays, and 9 a.m. on the balance of the week for the remainder
    of the session (H. Res. 9, Jan. 7, 2003, p. ----). The House retains the
    right to vary from this schedule by use of the motion to fix the day and
    time to which the House shall adjourn as provided in clause 4 of rule
    XVI. By special order, the House may provide for a session of the House
    on a Sunday, traditionally a ``dies non'' under the precedents of the
    House (Dec. 17, 1982, p. 31946; Dec. 18, 1987, p. 36352; Nov. 19, 1989,
    p. 30029; Aug. 20, 1994, p. 23367; Nov. 7, 1997, p. ----; Oct. 10, 1998,
    p. ----). Beginning in the second session of the 103d Congress, the
    House has by unanimous consent agreed to convene at an earlier hour on
    Mondays and Tuesdays for morning-hour debate and then recess to the hour
    established for convening under this clause (Feb. 11, 1994, p. 2244; May
    23, 1994, p. 11459; June 8, 1994, p. 12305; June 10, 1994, p. 12684;
    Jan. 4, 1995, p. 547; Feb. 16, 1995, p. 5096; May 12, 1995, p. 12765;
    see Sec. 951, infra).
      Immediately after the Members are called to order, the prayer is
    offered by the Chaplain (IV, 3056), and the Speaker declines to
    entertain a point of no quorum before prayer is offered (VI, 663; clause
    7 of rule XX). Prior to the 96th Congress, clause 1 of rule I directed
    the Speaker to announce his approval of the Journal on the appearance of
    a quorum after having called the House to order. Under that form of the
    rule, a point of no quorum could be made after the prayer and before the
    approval of the Journal when the House convened, notwithstanding the
    provisions of former clause 6(e) of rule XV (now clause 7 of rule XX),
    allowing such points of order in the House only when the Speaker had put
    the pending motion or proposition to a vote (Oct. 3, 1977, p. 31987).
    Similarly, prior practice had permitted a point of no quorum prior to
    the reading of the Journal (IV, 2733; VI, 625) or during its reading
    (VI, 624). In the 96th Congress, the House

    [[Page [335]]]

    eliminated the necessity for the appearance of a quorum before the
    Speaker's announcement of his approval of the Journal (H. Res. 5, Jan.
    15, 1979, pp. 7, 16). If a quorum fails to respond on a motion incident
    to the approval, reading, or amendment of the Journal, and there is an
    objection to the vote, a call of the House under clause 6 of rule XX is
    automatic (Feb. 2, 1977, p. 3342).
      Pursuant to clause 8 of rule XX, the Speaker may postpone until a
    later time on the same legislative day a record vote on the Speaker's
    approval of the Journal. Where the House adjourns on consecutive days
    without having approved the Journal of the previous days' proceedings,
    the Speaker puts the question de novo in chronological order as the
    first order of business on the subsequent day (Nov. 3, 1987, p. 30592).
      Prior to the 92d Congress, the reading of the Journal was mandatory,
    could not be dispensed with except by unanimous consent (VI, 625; Sept.
    19, 1962, p. 19941), or by motion to suspend the rules (IV, 2747-2750).
    It had to be read in full when demanded by any Member (IV, 2739-2741;
    VI, 627, 628; Feb. 22, 1950, p. 2152), but the demand came too late
    after the Journal was approved (VI, 626). Under the rule as in effect
    from the 92d Congress through the 95th Congress, any Member could offer
    a privileged, nondebatable motion that the Journal be read pending the
    Speaker's announcement of his approval and before agreement by the House
    (Apr. 23, 1975, p. 11482).
      The Journal of the last day of a session is not read on the first day
    of the next session (IV, 2742). No business is transacted before the
    approval of the Journal (or the postponement of a vote under clause 8 of
    rule XX on agreeing to the Speaker's approval), including consideration
    of a conference report (IV, 2751-2756; VI, 629, 630, 637). However, the
    motion to adjourn (IV, 2757; Speaker Wright, Nov. 2, 1987, p. 30387) and
    the swearing-in of a Member (I, 172) could take precedence.
      Once begun, the reading may not be interrupted, even by business so
    highly privileged as a conference report (V, 6443; rule XXII). However,
    a parliamentary inquiry (VI, 624), an arraignment of impeachment (VI,
    469), or a question of privilege relating to a breach of privilege (such
    as an assault occurring during the reading) may interrupt its reading or
    approval (II, 1630).
      Under the prior rule, the Speaker's examination and approval of the
    Journal was preliminary to the reading and did not preclude subsequent
    amendment by the House itself (IV, 2734-2738). If the Speaker's approval
    of the Journal is rejected, a motion to amend takes precedence of a
    motion to approve (IV, 2760; VI, 633), and a Member offering an
    amendment is recognized under the hour rule (Mar. 19, 1990, p. 4488);
    but the motion is not admissible after the previous question is demanded
    on the motion to approve (IV, 2770; VI, 633; VIII, 2684; Sept. 13, 1965,
    p. 23600).

    [[Page [336]]]

    Preservation of order
    <>   2. The Speaker shall preserve order and decorum and, in case
    of disturbance or disorderly conduct in the galleries or in the lobby,
    may cause the same to be cleared.

      This clause was adopted in 1789 and amended in 1794 (II, 1343).
    Clerical and stylistic changes were effected when the House recodified
    its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. ----).
      The Speaker may name a Member who is disorderly, but may not, of his
    own authority, censure or punish him (II, 1344, 1345; VI, 237). In cases
    of extreme disorder in the Committee of the Whole the Speaker has taken
    the chair and restored order without a formal rising of the Committee
    (II, 1348, 1648-1653, 1657); and the Speaker, as an exercise of his
    authority under this clause, has on his own initiative declared the
    House in recess in an emergency (83d Cong., p. 2324). A former Member
    must observe the rules of decorum while on the floor, and the Speaker
    may request the Sergeant-at-Arms to assist him in maintaining such
    decorum (Sept. 17, 1997, p. ----).
      The authority to have the galleries cleared has been exercised but
    rarely (II, 1352; Speaker Albert, Jan. 18, 1972, p. 9). On one occasion,
    acting on the basis of police reports and other evidence, the Speaker
    ordered the galleries cleared before the House convened (May 10, 1972,
    p. 16576) and then informed the House of his decision. In an early
    instance the Speaker ordered the arrest of a person in the gallery; but
    this exercise of power was questioned (II, 1605). In response to a
    disruptive demonstration in the gallery, the Chair notes for the Record
    the disruptive character of the demonstration and enlists the Sergeant-
    at-Arms to remove the offending parties (Oct. 8, 2002, p. ----; Oct. 10,
    2002, p. ----).
      Although Members are permitted to use exhibits such as charts during
    debate (subject to clause 6 of rule XVII), the Speaker may direct the
    removal of a chart from the well of the House which is not being
    utilized during debate (Apr. 1, 1982, p. 6304; Apr. 19, 1990, p. 7402).
    The Speaker's responsibility to preserve decorum requires that he
    disallow the use of exhibits in debate which would be demeaning to the
    House, or to any Member of the House, or which would be disruptive of
    the decorum thereof (Sept. 13, 1989, p. 20362; Oct. 16, 1990, p. 29647;
    Oct. 1, 1991, p. 24828; Nov. 16, 1995, p. 33395; Jan. 3, 1996, p. 42).
    The Speaker has disallowed the use of a person on the floor as a guest
    of the House as an ``exhibit'' (Dec. 19, 1995, p. 37575; Jan. 22, 1996,
    p. 682; Oct. 7, 1999, p. ----). Although a Member may enlist the
    assistance of a page to manage the placement of an exhibit on an easel,
    it is not appropriate to refer to the page or to use the page as though
    part of the exhibit (June 11, 2003, p. ----;

    [[Page [337]]]

    Speaker Hastert, June 12, 2003, p. ---- ). The Chair will distinguish
    between using an exhibit in the immediate area the Member is addressing
    the House as a visual aid for the edification of Members and staging an
    exhibition; for example, a Member having a large number of his
    colleagues accompany him in the well, each carrying a part of his
    exhibit, was held to impair the decorum of the House (June 12, 2003, p.
    ----). The Speaker may inquire as to a Member's intentions, as to the
    use of exhibits, before conferring recognition to address the House
    (Mar. 21, 1984, p. 6187). In the 101st Congress both the Speaker and the
    Chairman of the Committee of the Whole reinforced the Chair's authority
    to control the use of exhibits in debate, distinguishing between the
    constitutional authority of the House to make its own rules and first
    amendment rights of free speech, and the use of all exhibits was
    prohibited during the consideration of a bill in the Committee of the
    Whole (Oct. 11, 1990, p. 28650). The Speaker may permit the display of
    an exhibit in the Speaker's lobby during debate on a measure (May 20,
    1999, p. ----). Just as an appeal may be entertained on a decision from
    the Chair that a Member has engaged in personalities in debate (Sept.
    28, 1996, pp. 25780-82; see also clause 4 of rule XVII), so also may an
    appeal be entertained on a ruling of the Chair on the propriety of an
    exhibit (Nov. 16, 1995, p. 33395).
      At the request of the Committee on Standards of Official Conduct, the
    Speaker announced that (1) all handouts distributed on or adjacent to
    the floor must bear the name of a Member authorizing the distribution;
    (2) the content of such handouts must comport with the standards
    applicable to words used in debate; (3) failure to comply with these
    standards may constitute a breach of decorum and thus give rise to a
    question of privilege; (4) staff are prohibited in the Chamber or rooms
    leading thereto from distributing handouts and from attempting to
    influence Members with regard to legislation; and (5) Members should
    minimize the use of handouts to enhance the quality of debate (Sept. 27,
    1995, p. 26567; Mar. 20, 1996, p. 5644).
      Questions having been raised concerning proper attire for Members in
    the Chamber (thermostat controls having been raised to comply with a
    Presidential directive conserving energy in the summer months), the
    Speaker announced he considered traditional attire for Members
    appropriate, including coats and ties for male Members and appropriate
    attire for female Members, but that he would recognize for a question of
    privileges of the House to relax such standards. The Speaker also
    requested a Member in violation of those standards to remove himself
    from the Chamber and appear in appropriate attire, and refused to
    recognize such Member until he did so (Speaker O'Neill, July 17, 1979,
    p. 19008). The House later agreed to a resolution (presented as a
    question of the privileges of the House) requiring Members to wear
    proper attire as determined by the Speaker (July 17, 1979, p. 19072).
      Recognition is within the discretion of the Chair, and in order to
    uphold order and decorum in the House as required under clause 2 of rule
    I, the

    [[Page [338]]]

    Speaker may deny a Member recognition for a ``one-minute speech'' (Aug.
    27, 1980, p. 23456). Furthermore, it is a breach of decorum for a Member
    to continue to speak beyond the time for which recognized (Mar. 22,
    1996, p. 6086; May 22, 2003, p. ----), and the Speaker may deny further
    recognition to such Member (Mar. 16, 1988, p. 4081), from which there is
    no appeal (see Sec. 629, infra). Even prior to adoption of the rules,
    the Speaker may maintain decorum by directing a Member engaging in such
    breach of decorum to be removed from the well and by directing the
    Sergeant-at-Arms to present the mace as the traditional symbol of order
    (Jan. 3, 1991, p. 58). A Member's comportment may constitute a breach of
    decorum even though the content of that Member's speech is not, itself,
    unparliamentary (July 29, 1994, p. 18609). Under this standard the Chair
    may deny further recognition to a Member engaged in unparliamentary
    debate who ignores repeated admonitions by the Chair to proceed in order
    (unless the Member is permitted to proceed by order of the House) (Sept.
    18, 1996, p. 23535).

    Control of Capitol facilities
      3. <> Except as otherwise provided by rule or law, the Speaker shall
    have general control of the Hall of the House, the corridors and
    passages in the part of the Capitol assigned to the use of the House,
    and the disposal of unappropriated rooms in that part of the Capitol.

      This clause was adopted in 1811 and amended in 1824, 1885 (II, 1354),
    and 1911 (VI, 261). Clerical and stylistic changes were effected when
    the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6,
    1999, p. ----).
      Control of the appropriated rooms in the House portion of the Capitol
    is exercised by the House itself (V, 7273-7279), but repairs and
    alterations have been authorized by statute (V, 7280-7281; 59 Stat.
    472). On January 15, 1979, the Speaker announced his directive
    concerning free access by Members in the corridors approaching the
    Chamber (p. 19). The Speaker has declined to recognize for a unanimous-
    consent request to change the decor in the Chamber, stating that he
    would take the suggestion under advisement in exercising his authority
    under this clause (Mar. 2, 1989, p. 3220). The Speaker has announced
    that a joint Republican Conference and Democratic Caucus meeting would
    be held in the Chamber following the adjournment of the House on that
    day (July 27, 1998, p. ----).

    [[Page [339]]]

    Signature of documents
      4. <> The Speaker shall sign all acts and joint resolutions passed by
    the two Houses and all writs, warrants, and subpoenas of, or issued by
    order of, the House. The Speaker may sign enrolled bills and joint
    resolutions whether or not the House is in session.

      The Speaker was given authority to sign acts, warrants, subpoenas,
    etc., in 1794 (II, 1313). The last sentence of this clause, granting the
    Speaker standing authority to sign enrolled bills, even if the House is
    not in session, was added in the 97th Congress (H. Res. 5, Jan. 5, 1981,
    pp. 98-113). Before the House recodified its rules in the 106th
    Congress, clauses 4 and 5 occupied a single clause (H. Res. 5, Jan. 6,
    1999, p. ----).
      Enrolled <> bills are
    signed first by the Speaker (IV, 3429). He has declined to sign in the
    absence of a quorum (IV, 3458), or pending a motion to reconsider (V,
    5705); and the report of a committee as to the accuracy of the
    enrollment is first submitted, unless, as in rare instances only, the
    House by consent waives the requirement (IV, 3452). In cases of error
    the House has permitted the Speaker's signature to be vacated (IV, 3453,
    3455-3457; VII, 1077-1080). Under the modern practice, the Committee of
    the Whole may rise informally without motion to enable the Speaker to
    assume the Chair and to sign an enrolled bill and lay it before the
    House (Jan. 28, 1980, p. 888; Apr. 30, 1980, p. 9505).
      Warrants, <> subpoenas, etc., during recesses of Congress are signed only by
    authority specially given (III, 1753, 1763, 1806). The issuing of
    warrants must be specially authorized by the House (I, 287) or pursuant
    to a standing rule (clause 6 of rule XX; Sec. 1026, infra). Instance
    wherein the House authorized the Speaker to warrant for the arrest of
    absentees (VI, 638). The Speaker also signs the articles, replications,
    etc., in impeachments (III, 2370, 2455; Dec. 19, 1998, p. ----); and
    certifies cases of contumacious witnesses for action by the courts (III,
    1691, 1769; VI, 385; 2 U.S.C. 194). A subpoena validly issued by a
    committee authorized by the House under clause 2(m) of rule XI to issue
    subpoenas need only be signed by the chairman of that committee, whereas
    when the House issues an order or warrant, the Speaker must issue the
    summons under his hand and seal, and it must be attested by the Clerk
    (III, 1668; see H. Rept. 96-1078, p. 22).

    [[Page [340]]]

    Questions of order
      5. <> The Speaker shall decide all
    questions of order, subject to appeal by a Member, Delegate, or Resident
    Commissioner. On such an appeal a Member, Delegate, or Resident
    Commissioner may not speak more than once without permission of the
    House.

      This rule was adopted in 1789 and amended in 1811. Before the House
    recodified its rules in the 106th Congress, clauses 4 and 5 occupied a
    single clause (H. Res. 5, Jan. 6, 1999, p. ----).
      The <> Speaker may require that a question of order be
    presented in writing (V, 6865). When enough of a proposition has been
    read to show that it is out of order, the question of order may be
    raised without waiting for the reading to be completed (V, 6886, 6887;
    VIII, 2912, 3378, 3437), though the Chair may decline to rule until the
    entire proposition has been read (Dec. 14, 1973, pp. 41716-18).
    Questions arising during a division are decided peremptorily (V, 5926),
    and when they arise out of any other question must be decided before
    that question (V, 6864). In rare instances the Speaker has declined to
    rule until he has taken time for examination of the question (III, 2725;
    VI, 432; VII, 2106; VIII, 2174, 2396, 3475).
      Debate on a point of order, being for the Chair's information, is
    within the Chair's discretion (see, e.g., V, 6919, 6920; VIII, 3446-
    3448; Deschler-Brown, ch. 29, Sec. 67.3; Jan. 24, 1996, p. 1248; Sept.
    12, 1996, p. 22901; Oct. 10, 1998, p. ----). Debate is confined to the
    question of order and may not extend to the merits of the proposition
    against which it lies or to parliamentarily similar propositions
    permitted to remain in the pending bill by waivers of points of order
    (July 18, 1995, p. 19335; June 22, 2000, p. ----). Members must address
    the Chair and cannot engage in colloquies on the point of order (Sept.
    18, 1986, p. 24083), nor can they offer pro forma amendments to debate
    the point of order (July 21, 1998, p. ----). To ensure that the
    arguments recorded on a question of order are those actually heard by
    the Chair before ruling, the Chair will not entertain a unanimous-
    consent request to permit a Member to revise and extend remarks on a
    point of order (Sept. 22, 1976, p. 31873; May 15, 1997, p. ----; July
    24, 1998, p. ----). However, the Committee of the Whole by unanimous
    consent has allowed a Member to revise and extend his remarks to follow
    the ruling on a point of order (July 13, 2000, p. ----). A Member may
    raise multiple points of order simultaneously, and the Chair may hear
    argument and rule on each question individually (Mar. 28, 1996, pp.
    6931, 6933); or the Chair may choose to rule on only one of the points
    of order raised (July 24, 1998, p. ----). Where a Member incorrectly
    demands the

    [[Page [341]]]

    ``regular order,'' rather than making a point of order to assert that
    remarks are not confined to the question under debate, the Chair may
    treat the demand as a point of order and rule thereon (May 1, 1996, p.
    9889).
      The Chair is constrained to give precedent its proper influence (II,
    1317; VI, 248). While the Chair will normally not disregard a decision
    of the Chair previously made on the same facts (IV, 4045), such
    precedents may be examined and reversed where shown to be erroneous (IV,
    4637; VI, 639; VII, 849; VIII, 2794, 3435; Sept. 12, 1986, p. 23178).
    The authoritative source for proper interpretations of the rules are
    statements made directly from the Chair and not comments made by the
    Speaker in other contexts (May 25, 1995, p. 14437; Sept. 19, 1995, p.
    25454). Preserving the authority and binding force of parliamentary law
    is as much the duty of each Member of the House as it is the duty of the
    Chair (VII, 1479). The Speaker's decisions are recorded in the Journal
    (IV, 2840, 2841), but responses to parliamentary inquiries are not so
    recorded (IV, 2842).
      The Chair does not decide on the legislative or legal effect of
    propositions (II, 1274, 1323, 1324; VI, 254; VII, 2112; VIII, 2280,
    2841; Mar. 16, 1983, p. 5669; May 13, 1998, p. ----), on the consistency
    of proposed action with other acts of the House (II, 1327-1336; VII,
    2112, 2136; VIII, 3237, 3458), whether Members have abused leave to
    print (V, 6998-7000; VIII, 3475), on the constitutional powers of the
    House (II, 1255, 1318-1320, 1490; IV, 3507; VI, 250, 251; VIII, 2225,
    3031, 3071, 3427; July 21, 1947, pp. 9522, 9551; May 13, 1948, p. 5817;
    Oct. 10, 1998, p. ----), or on the propriety or expediency of a proposed
    course of action (II, 1275, 1325, 1326, 1337; IV, 3091-3093, 3127). He
    is not required to decide a question not directly presented by the
    proceedings (II, 1314), and it is not his duty to decide a hypothetical
    question (VI, 249, 253; Nov. 20, 1989, p. 30225), including: (1) the
    germaneness of an amendment not yet offered (Dec. 12, 1985, p. 36167;
    May 5, 1988, p. 9936; May 18, 1988, p. 11404; Mar. 22, 2000, p. ----) or
    previously offered and entertained without a point of order (June 6,
    1990, p. 13194); (2) the admissibility under existing Budget Act
    allocations of an amendment not yet offered, particularly where the
    Chair's response might depend on the disposition of a prior amendment on
    which proceedings had been postponed (June 27, 1994, p. 14593; June 12,
    2000, p. ----); (3) the admissibility under clause 2 of rule XXI of an
    amendment already pending (July 29, 1998, p. ----), against which all
    points of order had been waived (July 27, 1995, p. 20800); and (4) the
    admissibility of an amendment at a future date, pending a ruling of the
    Chair on its immediate admissibility (June 25, 1997, p. ----). The Chair
    will not declare judgment on the propriety of words taken down before
    they are read to the House (Sept. 21, 2001, p. ----). The Chair does not
    take cognizance of complaints relating to pairs (VIII, 3087). He passes
    on the validity of conference reports (V, 6409, 6410, 6414-6416; VIII,
    3256, 3264), but not on the sufficiency of the accompanying statements
    as distinguished from the form (V, 6511-6513), or on the question of
    whether a conference report violates instructions of the House (V, 6395;
    VIII, 3246). As to reports of

    [[Page [342]]]

    committees, he does not decide as to their sufficiency (II, 1339; IV,
    4653), or whether the committee has followed instructions (II, 1338; IV,
    4404, 4689); or on matters arising in the Committee of the Whole (V,
    6927, 6928, 6932-6937; Dec. 12, 1985, p. 36173); but he has decided as
    to the validity of the authorization of a report (IV, 4592, 4593) and
    has indicated that a point of order could be raised at a proper time
    where the content of a filed report varies from that approved by the
    committee (May 16, 1989, p. 9356). An objection to the use of an exhibit
    under clause 6 of rule XVII (former rule XXX) is not a point of order on
    which the Chair must rule (July 31, 1996, pp. 20694, 20700). Before the
    rule was rewritten in the 107th Congress, it required that the Chair put
    the question whether the exhibit may be used. It now merely permits the
    Chair to put such question (sec. 2(o), H. Res. 5, Jan. 3, 2001, p. ----
    ). A complaint that certain remarks that might be uttered in debate
    would improperly disclose executive-session material of a committee is
    not cognizable as a point of order in the House where the Chair is not
    aware of the executive-session status of the information (Nov. 5, 1997,
    p. ----). A request that the voting display be turned on during debate
    is not in order (Oct. 12, 1998, p. ----). The assertion that a Member
    may be inconvenienced by the legislative schedule announced by the
    Leadership does not give rise to a point of order that the Member cannot
    attend both to House and constituent duties at the same time (Nov. 10,
    1999, p. ----).
      Prior to the 104th Congress, precedents and applicable guidelines
    allowed the Chair to refine a ruling on a point of order in the Record
    in order to clarify the ruling without changing its substance, including
    one sustained by the House on appeal (Feb. 19, 1992, p. 2461; see H.
    Res. 230, 99th Cong., July 31, 1985, p. 21783; and H. Rept. 99-228 (in
    accordance with existing accepted practices, the Chair may make such
    technical or parliamentary corrections or insertions in transcript as
    may be necessary to conform to rule, custom, or precedent); see also H.
    Res. 330, 101st Cong., Feb. 7, 1990, p. 1515, and report of House
    Administration task force on Record inserted by Speaker Foley, Oct. 27,
    1990, p. 37124). However, the Chair ruled that the requirement of former
    clause 9 of rule XIV (now clause 8 of rule XVII) that the Record be a
    substantially verbatim account of remarks made during House proceedings,
    extended to statements and rulings of the Chair (Jan. 20, 1995, p.
    1866).
      In interpreting the language of a special order adopted by the House,
    the Chair will not look behind the unambiguous language of the
    resolution itself (June 18, 1986, p. 14267). Questions concerning
    informal guidelines of the Committee on Rules for advance submission of
    amendments for possible inclusion under a ``modified closed'' rule may
    not be raised under the guise of parliamentary inquiry (May 5, 1988, p.
    9938). Because the Chair refrains from issuing advisory opinions on
    hypothetical or anticipatory questions of order, the Chair will not
    interpret a special order before it is adopted by the House (Oct. 14,
    1986, p. 30862; July 27, 1993, p. 17116; July 27, 1995, p. 20741; Jan.
    5, 1996, p. 366; Mar. 28, 1996, p. 7064; June

    [[Page [343]]]

    28, 2000, p. ----; Mar. 8, 2001, p. ----; May 22, 2002, p. ----). Thus,
    the Chair has declined to identify provisions in a bill as ostensible
    objects of a waiver in the pending resolution providing a special order
    for that bill (Oct. 19, 1995, pp. 28503, 28504; Oct. 26, 1995, p. 29477;
    Mar. 28, 1996, p. 7064); to determine whether a bill, for which the
    pending resolution provides a special order waiving any requirement for
    a three-fifths vote on passage, actually ``carries'' a Federal income
    tax rate increase under clause 5 of rule XXI (Oct. 26, 1995, p. 29477);
    or to opine whether an amendment might be in order in the Committee of
    the Whole (May 22, 2002, p. ----). The Chair will not compare the text
    made in order by a pending special order as original text for further
    amendment with the text reported by the committee of jurisdiction (Oct.
    19, 1995, p. 28503). Similarly, the Chair will not issue an advisory
    opinion on how debate on a pending resolution will bear on the Chair's
    ultimate interpretation of the resolution as an order of the House
    (Sept. 18, 1997, p. ----).
      Recognition for parliamentary inquiry lies in the discretion of the
    Chair (VI, 541; Apr. 7, 1992, p. 8273). The Speaker may recognize and
    respond to a parliamentary inquiry although the previous question may
    have been demanded (Mar. 27, 1926, p. 6469). While the Chair may in his
    discretion recognize Members for parliamentary inquiries when no other
    Member is occupying the floor for debate, when another Member has the
    floor he must yield for a parliamentary inquiry (Oct. 1, 1986, p. 27465;
    July 13, 1989, p. 14633). A Member under recognition for a parliamentary
    inquiry may not yield to another Member (Nov. 22, 2002, p. ----). The
    Chair may take a parliamentary inquiry under advisement, especially
    where not related to the pending proceedings (VIII, 2174; Apr. 7, 1992,
    p. 8273). The Chair responds to parliamentary inquiries relating in a
    practical sense to the pending proceedings but does not respond to
    requests to place them in historical context (June 25, 1992, p. 16174;
    Jan. 3, 1996, pp. 36-41; Nov. 5, 1997, p. ----). The Speaker may
    entertain a parliamentary inquiry during a record vote if it relates to
    the vote (Oct. 9, 1997, p. ----; Oct. 6, 1999, p. ----).
      A proper parliamentary inquiry relates to an interpretation of a House
    rule, not of a statute or of the Constitution (Oct. 10, 1998, p. ----).
    The Chair will not respond to a parliamentary inquiry to: (1) judge the
    propriety of words spoken in debate pending a demand that those words be
    ``taken down'' as unparliamentary (June 8, 1995, p. 15267); (2) judge
    the veracity of remarks in debate (June 5, 1996, p. 13195); (3) judge
    the propriety of words uttered earlier in debate (June 15, 2000, p. ----
    ); (4) reexamine and explain the validity of a prior ruling (Oct. 26,
    1995, p. 29477); (5) anticipate the precedential effect of a ruling
    (Oct. 10, 1998, p. ----); (6) judge the accuracy of the content of an
    exhibit (Nov. 10, 1995, p. 32142); (7) indicate which side of the aisle
    has failed under the Speaker's guidelines to clear a unanimous-consent
    request (Feb. 1, 1996, p. 2260; Nov. 22, 2002, p. ----); (8) respond to
    political commentary (June 25, 1998, p. ----; Apr. 4, 2001, p. ----);
    (9) comment on the effect of time consumed on a pending

    [[Page [344]]]

    amendment as a tactic to prevent the offering of other amendments under
    a special order adopted by the House (May 10, 2000, p. ----); (10)
    anticipate whether bill language would trigger certain executive actions
    or to interpret a pending proposition (Sept. 20, 1989, p. 20969; May 13,
    1998, p. ----); or (11) judge the appropriateness of Senate action (Apr.
    10, 2003, p. ----). The Chair may clarify a prior response to a
    parliamentary inquiry (July 31, 1996, p. 20700).
      The Speaker rarely submits a question directly to the House for its
    decision (IV, 3173, 3282, 4930; V, 5014, 5323, 6701; VI, 49; Speaker
    Longworth, Apr. 8, 1926, p. 7148; Dec. 19, 1998, p. ----), and rarely
    raises and submits a question on his own initiative (II, 1277, 1315,
    1316; VIII, 3405). Even as to questions of privilege he usually, in
    later practice, makes a preliminary decision instead of submitting the
    question directly to the House (III, 2648, 2649, 2650, 2654, 2678;
    Speaker Wright, Mar. 11, 1987, p. 5404).
      The <> right of appeal
    insures the House against the arbitrary control of the Speaker and
    cannot be taken away from the House (V, 6002). While a decision of the
    Chair on a point of order is subject to appeal on demand of any Member,
    a Member cannot secure a recorded vote on a point of order absent an
    appeal and the Chair's putting the question thereon (June 20, 1996, p.
    14847).
      An appeal may not be entertained from the following: (1) response to a
    parliamentary inquiry (V, 6955; VIII, 3457); (2) decision on recognition
    (II, 1425-1428; VI, 292; VIII, 2429, 2646, 2762; July 23, 1993, p.
    16820; Apr. 4, 1995, p. 10298; June 17, 1999, p. ----); (3) decision on
    dilatoriness of motions (V, 5731); (4) question on which an appeal has
    just been decided (IV, 3036; V, 6877); (5) Chair's count of the number
    rising to demand tellers (VIII, 3105), to demand a recorded vote (June
    24, 1976, p. 20390; June 14, 2000, p. ----) or the yeas and nays (Sept.
    12, 1978, p. 28950), or to object to a request under the former rule
    that required a committee have permission to sit during floor
    proceedings under the five-minute rule (Sept. 12, 1978, p. 28984); (6)
    Chair's count of a quorum (July 24, 1974, p. 25012); (7) Chair's call of
    a voice vote (Aug. 10, 1994, p. 20766); (8) Chair's refusal to
    recapitulate a vote (VIII, 3128); (9) Chair's refusal under clause 7 of
    rule XX (former clause 6(e) of rule XV) to entertain a point of no
    quorum when a pending question has not been put to a vote (Sept. 16,
    1977, p. 29594); (10) determination that a Member's time in debate has
    expired (Mar. 22, 1996, p. 6086); and (11) the Speaker's announcement of
    the whole number of the House upon the death, resignation, expulsion,
    disqualification, or removal of a Member (clause 5(c) of rule XX) . An
    appeal also may not be entertained: (1) while another is pending (V,
    6939-6941); (2) between the motion to adjourn and vote thereon (V,
    5361); (3) during a call of the yeas and nays (V, 6051); or (4) when
    dilatory (V, 5715-5722; VIII, 2822).
      An appeal may be debated (VII, 1608; VIII, 2347, 2375, 3453-3455; June
    24, 2003, p. ----); unless the motion is made to lay on the table (V,
    5301;

    [[Page [345]]]

    Mar. 16, 1988, p. 4086), or the previous question is ordered (V, 5448,
    5449). An appeal from a decision relating to the priority of business
    (V, 6952), or relevancy of debate (V, 5056-5063) is not debatable. In
    practice in the House, a Member in favor of the ruling usually moves to
    lay the appeal on the table, thus shutting off debate (e.g., Oct. 8,
    1968, p. 30215; Apr. 6, 1995, p. 10614). Debate in the House is under
    the hour rule (V, 4978), but may be closed at any time by the adoption
    of a motion for the previous question (V, 6947); or to lay on the table
    (VIII, 3453). Debate on an appeal in the Committee of the Whole is under
    the five-minute rule (VII, 1608; VIII, 2347, 2556a, 3454, 3455; June 24,
    2003, p. ----), and may be closed by motion to close debate or to rise
    and report (V, 6947, 6950; VIII, 3453).
      A motion to postpone an appeal has been held in order (VIII, 2613). An
    appeal of a ruling of the Chair may be withdrawn in the Committee of the
    Whole as a matter of right (June 8, 2000, p. ----). The Speaker may vote
    to sustain his own decision (IV, 4569; V, 5686, 6956, 6957).

    Form of a question
      6. <> The Speaker
    shall rise to put a question but may state it sitting. The Speaker shall
    put a question in this form: ``Those in favor (of the question), say
    `Aye.' ''; and after the affirmative voice is expressed, ``Those
    opposed, say `No.' ''. After a vote by voice under this clause, the
    Speaker may use such voting procedures as may be invoked under rule XX.

      This clause was adopted in 1789 (II, 1311). Before the House
    recodified its rules in the 106th Congress, this clause (former clause
    5) consisted of this clause and current clause 1(a), clause 1(b), and
    clause 2(a) of rule XX (H. Res. 5, Jan. 6, 1999, p. ----).
      The motion as stated by the Chair in putting the question and not as
    stated by the Member in offering the motion, is the proposition voted on
    (VI, 247). Under this paragraph the Speaker must put the pending
    question to a voice vote prior to entertaining a demand for a recorded
    vote or the yeas and nays (Speaker Foley, Mar. 9, 1992, p. 4698). It is
    not in order for a Member having the floor in debate to conduct a
    ``straw vote'' or otherwise ask for a show of support for a proposition
    (Nov. 18, 1995, p. 33973).

    [[Page [346]]]

    Discretion to vote
      7. <> The Speaker is not
    required to vote in ordinary legislative proceedings, except when his
    vote would be decisive or when the House is engaged in voting by ballot.

      This clause was adopted in 1789, and amended in 1850 (V, 5964) and
    1911. Before the House recodified its rules in the 106th Congress,
    clause 7 (former clause 6) consisted of this clause and current clause
    1(c) of rule XX (H. Res. 5, Jan. 6, 1999, p. ----).
      Although the amendment of 1850 granted the Speaker the same right to
    vote as other Members (V, 5966, 5967), he has historically rarely
    exercised it (V, 5964, footnote). The Speaker's name is not on the roll
    from which the yeas and nays are called (V, 5970), is called only on his
    request (V, 5965), and is then called at the end of the roll by name (V,
    5965; VIII, 3075). During an electronic vote, the Speaker directs the
    Clerk to record him and verifies that instruction by submitting a vote
    card (Oct. 17, 1990, p. 30229). The Speaker may vote to make a tie and
    so decide a question in the negative, as he may vote to break a tie and
    so decide a question in the affirmative (VIII, 3100; Aug. 14, 1957, p.
    14783). The Speaker never has two votes on the same question; that is,
    having voted as a Member, he may not vote again should the result be a
    tie (V, 5964). The duty of giving a decisive vote may be exercised after
    the intervention of other business, or after the announcement of the
    result or on another day, if a correction of the roll shows a condition
    wherein his vote would be decisive (V, 5969, 6061-6063; VIII, 3075). The
    Speaker also exercises the right to withdraw his vote in case a
    correction shows it to have been unnecessary (V, 5971).
      Before the vote by tellers was repealed (Sec. Sec. 1012-1013, infra),
    the Chairman of the Committee of the Whole could be counted on a vote by
    tellers without passing through the tellers (V, 5996, 5997; VIII, 3100,
    3101).

    Speaker pro tempore
      8. <> (a) 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.
      (b)(1) In the case of his illness, the Speaker may appoint a Member to
    perform the duties of the Chair for a period not exceeding 10 days,

    [[Page [347]]]

    subject to the approval of the House. If the Speaker is absent and has
    omitted to make such an appointment, then the House shall elect a
    Speaker pro tempore to act during the absence of the Speaker.
      (2) With the approval of the House, the Speaker may appoint a Member
    to act as Speaker pro tempore only to sign enrolled bills and joint
    resolutions for a specified period of time.
      (3)(A) In the case of a vacancy in the Office of Speaker, the next
    Member on the list described in subdivision (B) shall act as Speaker pro
    tempore until the election of a Speaker or a Speaker pro tempore.
    Pending such election the Member acting as Speaker pro tempore may
    exercise such authorities of the Office of Speaker as may be necessary
    and appropriate to that end.
      (B) As soon as practicable after his election and whenever he deems
    appropriate thereafter, the Speaker shall deliver to the Clerk a list of
    Members in the order in which each shall act as Speaker pro tempore
    under subdivision (A).
      (C) For purposes of subdivision (A), a vacancy in the Office of
    Speaker may exist by reason of the physical inability of the Speaker to
    discharge the duties of the office.

      This clause was adopted in 1811, and amended in 1876 (II, 1377) and in
    1920 (VI, 263). Before the House recodified its rules in the 106th
    Congress, clause 8 (former clause 7) and clause 9 occupied a single
    clause (H. Res. 5, Jan. 6, 1999, p. ----). Clause 8(b)(3) was added in
    the 108th Congress (sec. 2(a), H. Res. 5, Jan. 7, 2003, p. ----). The
    Speaker delivered to the Clerk the first list required under clause
    8(b)(3)(B) on February 10, 2003 (Mar. 13, 2003, p. ----).

    [[Page [348]]]

      The <> right of the House to elect a Speaker pro tempore in the
    absence of the Speaker was exercised before the rule was adopted (II,
    1405), although the House sometimes preferred to adjourn (I, 179). An
    elected Speaker pro tempore in the earlier practice was not sworn (I,
    229; II, 1386); but the Senate and sometimes the President were notified
    of his election (II, 1386-1389, 1405-1412; VI, 275). On August 31, 1961
    (p. 17765), the House adopted House Resolution 445, electing Hon. John
    W. McCormack as Speaker pro tempore in the absence and terminal illness
    of Speaker Rayburn. The resolution provided that the Clerk notify the
    President and the Senate. The chairman of the Democratic Caucus then
    administered the oath. The Speaker has appointed a Speaker pro tempore
    to perform the duties of the Chair for a fourth consecutive day on
    account of illness (Speaker Hastert, Feb. 26, 2001, p. ----). Elected
    Speakers pro tempore have signed enrolled bills, appointed select
    committees, administered the oath of office to a Member-elect (Mar. 17,
    1998, p. ----), etc., functions not exercised by a Speaker pro tempore
    by designation (II, 1399, 1400, 1404; VI, 274, 277; Sept. 21, 1961, p.
    20572; June 21, 1984, p. 17708), but the clause was amended in the 99th
    Congress (H. Res. 7, Jan. 3, 1985, p. 393) to authorize the Speaker,
    with House approval, to designate a Speaker pro tempore to sign enrolled
    bills. The House agreed by unanimous consent to the Speaker's
    appointment under this clause of two Members in the alternative to act
    as Speakers pro tempore to sign enrollments through a date certain (Aug.
    6, 1998, p. ----; Nov. 18, 1999, p. ----).
      A call of the House may take place with a Speaker pro tempore in the
    chair (IV, 2989), and the Speaker pro tempore may issue a warrant for
    the arrest of absent Members under a call of the House (VI, 688). When
    the Speaker is not present at the opening of a session, including
    morning-hour debates, he designates a Speaker pro tempore in writing
    (II, 1378, 1401); but he does not always announce the Member whom he
    calls to the chair temporarily during the day's sitting (II, 1379,
    1400). The presence of the Speaker either at the opening of morning-hour
    debates or at the opening of the regular session on a day satisfies the
    requirement that the Speaker be present to convene the House at least
    every fourth day. A Speaker pro tempore elected under clause 8 of rule I
    may in turn designate another Member to act as Speaker pro tempore on a
    day certain (II, 1384; VI, 275; Feb. 23, 1996, p. 2807). Members of the
    minority have been called to the chair on occasions of ceremony (II,
    1383; VI, 270; Jan. 31, 1951, p. 779; Jan. 6, 1999, p. ----), but in
    rare instances on other occasions (II, 1382, 1390; III, 2596; VI, 264).

    Other responsibilities
      9. <> The Speaker, in
    consultation with the Minority Leader, shall develop through an
    appropriate entity of

    [[Page [349]]]

    the House a system for drug testing in the House. The system may provide
    for the testing of a Member, Delegate, Resident Commissioner, officer,
    or employee of the House, and otherwise shall be comparable in scope to
    the system for drug testing in the executive branch pursuant to
    Executive Order 12564 (Sept. 15, 1986). The expenses of the system may
    be paid from applicable accounts of the House for official expenses.

      This clause was added in the 105th Congress (H. Res. 5, Jan. 7, 1997,
    p. 121). Clerical and stylistic changes to this clause were effected
    when the House recodified its rules in the 106th Congress (H. Res. 5,
    Jan. 6, 1999, p. ----). This clause was redesignated from clause 13 to
    clause 9 in the 108th Congress (sec. 2(b), H. Res. 5, Jan. 7, 2003, p.
    ----).

      Clause 9 <> formerly was occupied
    by a prohibition against the Speaker serving for more than four
    consecutive Congresses, which was added in the 104th Congress (sec.
    103(a), H. Res. 6, Jan. 4, 1995, p. 462) and repealed in the 108th
    Congress (sec. 2(b), H. Res. 5, Jan. 7, 2003, p. ----). Before the House
    recodified its rules in the 106th Congress, the former term-limit rule
    and current clause 8 occupied a single clause (former clause 7) (H. Res.
    5, Jan. 6, 1999, p. ----).

    Designation of travel
      10. <> The Speaker may designate a
    Member, Delegate, Resident Commissioner, officer, or employee of the
    House to travel on the business of the House within or without the
    United States, whether the House is meeting, has recessed, or has
    adjourned. Expenses for such travel may be paid from applicable accounts
    of the House described in clause 1(i)(1) of rule X on vouchers approved
    and signed solely by the Speaker.

      This clause was adopted in the 94th Congress (H. Res. 5, Jan. 14,
    1975, p. 20). In the 105th Congress this clause was amended to update
    archaic references to the ``contingent fund'' (H. Res. 5, Jan. 7, 1997,
    p. 121). A

    [[Page [350]]]

    clerical correction was effected at the beginning of the 106th Congress
    with respect to the description of ``applicable accounts'' (H. Res. 5,
    Jan. 6, 1999, p. ----). Before the House recodified its rules in the
    106th Congress, this clause and the provision now found in clause 10 of
    rule XXIV together occupied former clause 8 of this rule (H. Res. 5,
    Jan. 6, 1999, p. ----). See also Sec. Sec. 769, 770, infra, for
    discussion of the Speaker's authority under section 502(b) of the Mutual
    Security Act of 1954 (22 U.S.C. 1754) to authorize use of counterpart
    funds for Members and employees for foreign travel, except where
    authorized by the chairman of the committee for members and employees
    thereof.

    Committee appointment
      11. The <> Speaker
    shall appoint all select, joint, and conference committees ordered by
    the House. At any time after an original appointment, the Speaker may
    remove Members, Delegates, or the Resident Commissioner from, or appoint
    additional Members, Delegates, or the Resident Commissioner to, a select
    or conference committee. In appointing Members, Delegates, or the
    Resident Commissioner to conference committees, the Speaker shall
    appoint no less than a majority who generally supported the House
    position as determined by the Speaker, shall name those who are
    primarily responsible for the legislation, and shall, to the fullest
    extent feasible, include the principal proponents of the major
    provisions of the bill or resolution passed or adopted by the House.

      The provision of this clause relating to select committees was adopted
    in 1880, and the provision relating to conference committees was first
    adopted in 1890, although the practice of leaving the appointment of
    conference committees to the Speaker had existed from the earliest years
    of the House's history (IV, 4470; VIII, 2192). The provision authorizing
    the Speaker to add or remove select committee members or conferees after
    his initial appointment was added in the 103d Congress (H. Res. 5, Jan.
    5, 1993, p. 49). The provision requiring the Speaker to appoint a
    majority

    [[Page [351]]]

    of Members who generally supported the House position became effective
    on January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The
    provision requiring the Speaker to appoint Members primarily responsible
    for the legislation was added in the 95th Congress (H. Res. 5, Jan. 4,
    1977, pp. 53-70). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 6(f) of rule X (H.
    Res. 5, Jan. 6, 1999, p. ----).
      Prior to 1880 the House might take from the Speaker the appointment of
    a select committee (IV, 4448, 4470; VIII, 2192) and on several occasions
    did so in fact (IV, 4471-4476). In the earlier usage of the House the
    Member moving a select committee was appointed its chairman (II, 1275;
    III, 2342; IV, 4514-4516). However, in modern practice, except for
    matters of ceremony, the inconvenience and even impropriety of the usage
    has caused it often to be disregarded (IV, 4517-4523, 4671).
      It is within the discretion of the Chair as to whom he appoints as
    conferees (June 24, 1932, p. 13876; July 8, 1947, p. 8469), and his
    discretion is not subject to challenge on a point of order even though
    clause 11 requires the Speaker to appoint as conferees Members who are
    primarily responsible for the legislation (Speaker O'Neill, Oct. 12,
    1977, p. 33434). A motion to instruct the Speaker as to the number and
    composition of a conference committee on the part of the House is not in
    order (VIII, 2193, 3221), and a motion to instruct conferees does not
    necessarily form the basis for the Speaker's determination under this
    clause as to which Members support the legislation (May 9, 1990, p.
    9830).
      The Speaker may appoint conferees from committees (1) which have not
    reported a measure, (2) which have jurisdiction over provisions of a
    non-germane Senate amendment to a House amendment to a Senate bill
    originally narrower in scope (Speaker O'Neill, Nov. 28, 1979, p. 33904),
    or (3) which have jurisdiction over provisions of an original Senate
    bill where the House amendment was narrower in scope (Speaker O'Neill,
    July 28, 1980, p. 19875; July 11, 1985, p. 18545). The Speaker may also
    appoint one who, although not a member of the committee of jurisdiction,
    is a principal proponent of the measure (Speaker Gingrich, Feb. 1, 1995,
    p. 3258). The Speaker has appointed as sole conferees on a nongermane
    portion of a Senate bill or amendment only members from the committee
    having jurisdiction over the subject matter thereof (Speaker O'Neill,
    Aug. 27, 1980, p. 23548; July 24, 1986, p. 17644), and also members from
    such committees as additional rather than exclusive conferees on other
    nongermane portions of the Senate bill (July 24, 1986, p. 17644). Where
    a comprehensive matter is committed to conference, the Speaker may
    appoint separate groups of conferees from several committees for
    concurrent or exclusive consideration of provisions within their
    respective jurisdictions (Feb. 7, 1990, p. 1522; May 9, 1990, p. 9830).
    Pursuant to this clause the Speaker may by the terms of his appointment
    empower a group of exclusive conferees to report in total disagreement
    (June 10, 1988, p. 14077; Sept. 20, 1989, p. 20955). Pursuant to this
    clause the Speaker may remove a

    [[Page [352]]]

    conferee (Mar. 10, 1998, p. ----; Oct. 5, 1998, p. ----). In the 102d
    Congress the Speaker reiterated his announced policy of simplifying
    conference appointments by noting on the occasion of a relatively
    complex appointment that, inasmuch as conference committees are select
    committees that dissolve when their report is acted upon, conference
    appointments should not be construed as jurisdictional precedent
    (Speaker Foley, June 3, 1992, p. 13288). The Speaker may fill a vacancy
    on a conference committee by appointment but may not accept a
    resignation from a conference committee (as contrasted with his
    authority to remove) absent an order of the House (Nov. 4, 1987, p.
    30808). On June 21, 1977, Speaker O'Neill first exercised his
    discretionary authority to appoint a principal proponent of an adopted
    floor amendment as an additional limited conferee on that issue (p.
    20132).
      For a further discussion of the Speaker's authority to appoint
    conferees, see Sec. 536, supra.

    Recess and Convening Authorities
      12. <> (a) To suspend the
    business of the House for a short time when no question is pending
    before the House, the Speaker may declare a recess subject to the call
    of the Chair.

      This paragraph was added as clause 12 of rule I in the 103d Congress
    (H. Res. 5, Jan. 5, 1993, p. 49). It was redesignated as paragraph (a)
    in the 108th Congress (sec. 2(c), H. Res. 5, Jan. 7, 2003, p. ----).
    Having postponed proceedings on a pending question, the Speaker may
    declare a recess for a short time under this paragraph (there being no
    question then pending before the House) (Apr. 30, 1998, p. ----). A
    Member's mere revelation that he seeks to offer a motion to adjourn does
    not suffice to make that motion ``pending,'' and thus the Chair remains
    able to declare a short recess under this paragraph (Oct. 28, 1997, p.
    ----; June 25, 2003, p. ----).

      (b) <> To
    suspend the business of the House when notified of an imminent threat to
    its safety, the Speaker may declare an emergency recess subject to the
    call of the Chair.
      (c) During any recess or adjournment of not more than three days, if
    the Speaker is notified by the Sergeant-at-Arms of an imminent
    impairment of the place of reconvening at the time pre

    [[Page [353]]]

    viously appointed, then he may, in consultation with the Minority
    Leader--
          (1) postpone the time for reconvening within the limits of clause
    4, section 5, article I of the Constitution and notify Members
    accordingly; or
          (2) reconvene the House before the time previously appointed
    solely to declare the House in recess within the limits of clause 4,
    section 5, article I of the Constitution and notify Members accordingly.
      (d) The Speaker may convene the House in a place at the seat of
    government other than the Hall of the House whenever, in his opinion,
    the public interest shall warrant it.

      Paragraphs (b)-(d) were added in the 108th Congress (sec. 2(c), H.
    Res. 5, Jan. 7, 2003, p. ----).

    [DOCID:hd284-89]
                                     Rule II

    [DOCID:hd284-90]
                          other officers and officials

    Elections
      1. <> There
    shall be elected at the commencement of each Congress, to continue in
    office until their successors are chosen and qualified, a Clerk, a
    Sergeant-at-Arms, a Chief Administrative Officer, and a Chaplain. Each
    of these officers shall take an oath to support the Constitution of the
    United States, and for the true and faithful exercise of the duties of
    his office to the best of his knowledge and ability, and to keep the
    secrets of the House. Each of these officers shall appoint all of the
    employees of his department provided

    [[Page [354]]]

    for by law. The Clerk, Sergeant-at-Arms, and Chief Administrative
    Officer may be removed by the House or by the Speaker.

      When the House recodified its rules, it consolidated former rules II
    through VII, former clauses 10 and 11 of rule I, former clause 6 of rule
    XIII, and former clause 5 of rule XVI under rule II (H. Res. 5, Jan. 6,
    1999, p. ----). A rudimentary form of this clause was adopted in 1789,
    and was amended several times prior to 1880, when it assumed the form it
    retained for more than a century (I, 187). During the 102d Congress,
    section 2 of the House Administrative Reform Resolution of 1992 amended
    the clause to abolish the Office of the Postmaster (see Sec. 668, infra)
    and to empower the Speaker to remove elected officers (H. Res. 423, Apr.
    9, 1992, p. 9039). The 104th Congress made conforming changes to the
    clause to reflect the abolishment of the Office of the Doorkeeper and
    the establishment of an elected Chief Administrative Officer (sec.
    201(a), H. Res. 6, Jan. 4, 1995, p. 463). Clerical and stylistic changes
    were effected when the House recodified its rules in the 106th Congress
    (H. Res. 5, Jan. 6, 1999, p. ----). For a discussion of the former
    Office of the Doorkeeper, see Sec. 663a, infra; and for a discussion of
    the evolution of the Chief Administrative Officer (an elected officer)
    from the former Director of Non-legislative and Financial Services (an
    officer appointed jointly by the Speaker and the Majority and Minority
    Leaders under clause 1 of rule VI of the 103d Congress), see Sec. 664,
    infra.
      The House having discarded a theory that the rules might be imposed by
    one House on its successor (V, 6743-6745), it follows that this clause
    is not operative at the organization before the rules are adopted.
    Before the House recodified its rules in the 106th Congress, the House
    was required under former rule II to elect its Speaker and other
    officers by a viva voce vote following nominations (I, 204, 208).
    However, the officers mentioned in the rule, other than Speaker, were,
    even then, usually chosen by resolution, which is not a viva voce
    election (I, 193, 194). A majority vote is required for the election of
    officers of both Houses of Congress (VI, 23). The act of 1789 provides
    that the oath of office shall be administered to the Speaker by any
    Member and by the Speaker to the Clerk (I, 130). The Speaker also at the
    same time administers the oath to the other elective officers (I, 81).
    The Member of longest continuous service has traditionally administered
    the oath to the Speaker (I, 131). However, on some occasions the Speaker
    has selected the Member to administer the oath (VI, 6, 7). The
    requirement that the officers be sworn to keep the secrets of the House
    had become obsolete (I, 187), but the 104th Congress adopted a
    requirement that Members, officers, and employees subscribe an oath of
    secrecy regarding classified information (clause 13 of rule XXIII).
    Clause 4(d)(1)(A) of rule X requires the Committee on House
    Administration to provide policy direction for, and oversight of, the
    Inspector General, and

    [[Page [355]]]

    oversight of the Clerk, Sergeant-at-Arms, and Chief Administrative
    Officer (see Sec. 752, infra).
      The House has declined to interfere with the Clerk's power of removing
    his subordinates (I, 249). Employees under the Clerk and other officers
    are to be assigned only to the duties for which they are appointed (V,
    7232). The Sergeant-at-Arms having died, the Clerk was elected by the
    House to serve temporarily also as Sergeant-at-Arms without additional
    compensation (July 8, 1953, p. 8242). The Legislative Reorganization Act
    of 1946 (2 U.S.C. 75a-1) authorizes the Speaker to fill temporary
    vacancies in the offices of Clerk, Sergeant-at-Arms, Chief
    Administrative Officer, and Chaplain. A former version of the Act also
    permitted temporary appointments to the former offices of Doorkeeper and
    Postmaster. The Speaker has exercised his authority to fill temporary
    vacancies in the offices of Sergeant-at-Arms (Jan. 6, 1954, p. 8; June
    30, 1972, p. 23665; Feb. 28, 1980, p. 4350; and Mar. 12, 1992, p. 5519),
    Clerk (Nov. 15, 1975, p. 36901; Jan. 1, 1999, p. ----), Chaplain (Mar.
    14, 1966, p. 5712; Mar. 23, 2000, p. ----), Doorkeeper (Dec. 20, 1974,
    p. 41855), and Chief Administrative Officer (Jan. 9, 1997, p. 279). A
    resolution electing a House officer is presented as a question of
    privilege (July 31, 1997, p. ----). The resignation of an elected
    officer of the House is subject to acceptance by the House (Mar. 23,
    2000, p. ----).

    Clerk
      2. <> (a) At the
    commencement of the first session of each Congress, the Clerk shall call
    the Members, Delegates, and Resident Commissioner to order and proceed
    to record their presence by States in alphabetical order, either by call
    of the roll or by use of the electronic voting system. Pending the
    election of a Speaker or Speaker pro tempore, the Clerk shall preserve
    order and decorum and decide all questions of order, subject to appeal
    by a Member, Delegate, or Resident Commissioner.

      In 1880 several rules, adopted at different periods from 1794 to 1846,
    were consolidated into this clause, which, before the House recodified
    its rules in the 106th Congress, was found in rule III (H. Res. 5, Jan.
    6, 1999, p. ----). Paragraph (a) was initially framed in 1880, on a
    basis furnished by a rule of 1860 (I, 64), and amended in 1911.

    [[Page [356]]]

      Various <> administrative
    duties, similar to those specified in this clause, are imposed on the
    Clerk by law (I, 253; Legislative Reorganization Act of 1946, 60 Stat.
    812); and the law also makes it his duty to furnish stationery, blank
    books, etc., to the committees and officers of the House (V, 7322); to
    exercise discretionary authority as to reprinting of bills and documents
    (V, 7319); to receive the testimony taken in election contests (I, 703,
    705; see also Federal Contested Election Act, P.L. 91-138, 83 Stat.
    284), to serve as an ex officio member of the Federal Election
    Commission established pursuant to Public Law 94-283; 2 U.S.C. 437c; and
    to make certain reports on receipts and expenditures (2 U.S.C. 102, 103,
    113; see Sec. 655, infra). Instance of Clerk serving temporarily also as
    Sergeant-at-Arms (July 8, 1953, p. 8242).
      As <> rules are not
    usually adopted until after the election of the Speaker, this paragraph
    is not in force at the time of organization of a new House. The
    procedure at organization does, however, follow a practice conforming to
    the terms of the paragraph (I, 81), although the House may depart from
    it. Since the 97th Congress, for example, the House has permitted by
    unanimous consent the alphabetical roll call of Members by States to be
    conducted by electronic device to establish a quorum (Jan. 5, 1981, pp.
    93-96). For a discussion of procedure in the House before the adoption
    of rules, including the procedure by which the Clerk conducts the
    election of the Speaker, see Sec. Sec. 27 and 60, supra. The Clerk, in
    presiding before the election of the Speaker, recognizes Members (I,
    74). The Members-elect have, before the election of the Speaker or
    adoption of rules, authorized the Clerk and Sergeant-at-Arms of the last
    House to preserve order (I, 101); but usually such action has not been
    taken, although an occasion might arise to make it necessary (I, 76,
    77).
      While the Speaker ceases to be an officer of the House with the
    expiration of a Congress, the Clerk, by old usage, continues in a new
    Congress (I, 187, 188, 235, 244).-
      The <> roll of Members is
    made up by the Clerk from the credentials, in accordance with a
    provision of law (I, 14-62; VI, 2; 2 U.S.C. 26). A certificate of
    election in due form having been filed, the Clerk placed the name of the
    Member-elect on the roll, although he was subsequently advised that a
    State Supreme Court had issued a writ restraining the Secretary of State
    from issuing such certificate (Jan. 3, 1949, p. 8). The call of the roll
    may not be interrupted, especially by one not on that roll (I, 84), and
    a person not on the roll may not be recognized (I, 86). A motion to
    proceed to the election of the Speaker is of higher privilege than a
    motion to correct the roll (I, 19-24). The House has declined to permit
    enrollment by the Clerk to be final as to prima facie right (I, 376,
    589, 592).

    [[Page [357]]]

      In <> early years the authority of the Clerk to decide
    questions of order pending the election of a Speaker was questioned (I,
    65). The Clerks often declined to make decisions (I, 68-72; V, 5325).
    However, in 1855 and 1997 the Clerk decided a question of order; and in
    1997 the Clerk was sustained on appeal (I, 91; Jan. 7, 1997, pp. 115,
    116). During the existence of a rule that applied the rules of a prior
    House to a successor House (1860 through 1890) (I, 64; V, 6743-6747) the
    Clerks made several rulings (I, 76, 77; VI, 623).
      In a case of a vacancy in the Office of the Speaker arising after the
    adoption of the rules, this rule would be operative and conclude
    questions as to the Clerk's authority. For example, upon the death of
    the Speaker during a sine die adjournment of the first session of the
    87th Congress, the Clerk called the House to order on the first day of
    the second session (Jan. 10, 1962, p. 5). However, this rule should be
    read in light of clause 8(b)(3) of rule I, which requires the Speaker to
    deliver to the Clerk a list of Members in the order in which each shall
    act as Speaker pro tempore in the case of a vacancy.
      The Clerk having died, and in the absence of the Sergeant-at-Arms, the
    Doorkeeper of the 79th Congress presided at organization of the 80th
    Congress (Jan. 3, 1947, p. 33). The Clerk, having been appointed
    pursuant to 2 U.S.C. 75a-1 by the previous Speaker at the end of the
    105th Congress to fill a vacancy caused by resignation of the Clerk
    elected for that Congress, presided at the organization of the 106th
    Congress (Jan. 6, 1999, p. ----).

      (b) <> At the
    commencement of every regular session of Congress, the Clerk shall make
    and cause to be delivered to each Member, Delegate, and the Resident
    Commissioner a list of the reports that any officer or Department is
    required to make to Congress, citing the law or resolution in which the
    requirement may be contained and placing under the name of each officer
    the list of reports he is required to make.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 2 of rule II (H. Res. 5, Jan. 6,
    1999, p. ----). The paragraph was initially adopted in 1822 (I, 252). It
    was amended in the 107th Congress to permit the Clerk to publish the
    list in a form other than printed (sec. 2(a), H. Res. 5, Jan. 3, 2001,
    p. ----).

      (c) The Clerk shall--

    [[Page [358]]]

          (1) note <> all questions of order, with the decisions thereon, the
    record of which shall be appended to the Journal of each session;
          (2) enter on the Journal the hour at which the House adjourns;
          (3) complete the distribution of the Journal to Members,
    Delegates, and the Resident Commissioner, together with an accurate and
    complete index, as soon as possible after the close of a session; and
          (4) send a copy of the Journal to the executive of and to each
    branch of the legislature of every State as may be requested by such
    State officials.

      Before the House recodified its rules in the 106th Congress, this
    paragraph (except subparagraph (2)) was found in former clause 3 of rule
    III; and subparagraph (2) was found in former clause 5 of rule XVI (H.
    Res. 5, Jan. 6, 1999, p. ----). Subparagraph (2) was adopted initially
    in 1837 and amended in 1880 (V, 6740). Former provisions directing the
    Clerk to make all contracts, keep contingent and stationery accounts,
    and pay officers and employees were stricken by section 3 of the House
    Administrative Reform Resolution of 1992 (H. Res. 423, 102d Cong., Apr.
    9, 1992, p. 9050), to relieve the Clerk of functions to be transferred
    to the Director of Non-legislative and Financial Services pursuant to
    section 7 of that resolution (see Sec. 664, infra). Clerical corrections
    were effected at the beginning of the 104th Congress (sec. 223(f), H.
    Res. 6, Jan. 4, 1995, p. 469) and the 106th Congress (H. Res. 5, Jan. 6,
    1999, p. ----). During the 104th Congress the requirement to send a
    printed copy of the Journal to each branch of every State legislature
    was changed to an authorization to send such copies on request (H. Res.
    254, Nov. 30, 1995, p. 35077). Subparagraphs (3) and (4) were amended in
    the 107th Congress to permit the Clerk to publish the Journal in a form
    other than printed (sec. 2(a), H. Res. 5, Jan. 3, 2001, p. ----).

    [[Page [359]]]

      (d)(1) <> The
    Clerk shall attest and affix the seal of the House to all writs,
    warrants, and subpoenas issued by order of the House and certify the
    passage of all bills and joint resolutions.
      (2) The Clerk shall examine all bills, amendments, and joint
    resolutions after passage by the House and, in cooperation with the
    Senate, examine all bills and joint resolutions that have passed both
    Houses to see that they are correctly enrolled and forthwith present
    those bills and joint resolutions that originated in the House to the
    President in person after their signature by the Speaker and the
    President of the Senate, and report to the House the fact and date of
    their presentment.

      Before the House recodified its rules in the 106th Congress,
    subparagraph (1) was found in former clause 3 of rule III (H. Res. 5,
    Jan. 6, 1999, p. ----). When the House issues an order or warrant, the
    Speaker must issue the summons under his hand and seal, and it must be
    attested by the Clerk; but when the power is granted to a committee to
    send for persons and papers under clause 2(m) of rule XI, a summons
    signed by the chairman of the committee is sufficient (III, 1668).
      The enrollment process was originally the responsibility of the
    Committee on Enrolled Bills, which was created in 1789 by a joint rule
    of the two Houses (IV, 4350). This joint rule lapsed in 1876 with other
    joint rules, but in 1880 the rules of the House were amended to again
    recognize the Committee on Enrolled Bills (IV, 4350, 4416; VII, 2099).
    Responsibility for the engrossment and enrollment process was given to
    the Committee on House Administration when that Committee was created
    effective January 2, 1947 as part of the Legislative Reorganization Act
    of 1946 (60 Stat. 812) as an enumerated subject of legislative
    jurisdiction. That responsibility was transferred from the Committee's
    legislative jurisdiction to its special oversight jurisdiction (see
    former clause 4(d)(1)(A) of rule X) by the Committee Reform Amendments
    of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8,
    1974, p. 34470) and was transferred to the Clerk in the 107th Congress
    (sec. 2(b), H. Res. 5, Jan. 3, 2001, p. ----). The Clerk and the
    Secretary of the Senate make comparisons of bills of

    [[Page [360]]]

    their respective Houses for enrollment, and the two cooperate in the
    interchange of bills for signature.

      (e) <> The Clerk shall cause
    the calendars of the House to be distributed each legislative day.

      Before the House recodified its rules in the 106th Congress, paragraph
    (e) was found in former clause 6 of rule XIII (H. Res. 5, Jan. 6, 1999,
    p. ----). This paragraph was adopted initially in the 62d Congress,
    April 5, 1911 (VI, 743), and amended December 8, 1931 (pp. 10, 83). It
    was amended in the 107th Congress to permit the Clerk to publish the
    calendars in a form other than printed (sec. 2(a), H. Res. 5, Jan. 3,
    2001, p. ----).

      (f) The Clerk shall--
          (1) retain <> in the library at the
    Office of the Clerk for the use of the Members, Delegates, Resident
    Commissioner, and officers of the House, and not to be withdrawn
    therefrom, two copies of all the books and printed documents deposited
    there; and
          (2) deliver to any Member, Delegate, or the Resident Commissioner
    an extra copy of each document requested by that Member, Delegate, or
    Resident Commissioner that has been printed by order of either House of
    Congress in any Congress in which the Member, Delegate, or Resident
    Commissioner served.

      Before the House recodified its rules in the 106th Congress,
    paragraphs (c) and (f) were found in former clause 3 of rule III (H.
    Res. 5, Jan. 6, 1999, p. ----). They were amended in the 92d Congress to
    include Delegates and the Resident Commissioner among those entitled to
    the listed services (H. Res. 5, Jan. 22, 1971, pp. 140-44; H. Res. 1153,
    Oct. 13, 1972, pp. 36013-15). It was amended in the 107th Congress to
    permit the Clerk to distribute documents by a method other than mail and
    in a form other than bound (sec. 2(a), H. Res. 5, Jan. 3, 2001, p. ----
    ).

    [[Page [361]]]

      (g) <> The
    Clerk shall provide for his temporary absence or disability by
    designating an official in the Office of the Clerk to sign all papers
    that may require the official signature of the Clerk and to perform all
    other official acts that the Clerk may be required to perform under the
    rules and practices of the House, except such official acts as are
    provided for by statute. Official acts performed by the designated
    official shall be under the name of the Clerk. The designation shall be
    in writing and shall be laid before the House and entered on the
    Journal.

      Before the House recodified its rules in the 106th Congress, this
    paragraph was found in former clause 4 of rule III (H. Res. 5, Jan. 6,
    1999, p. ----). It was adopted initially on January 18, 1912 (VI, 25)
    and was amended January 3, 1953 (p. 16). Form of designation of a Clerk
    pro tempore (VI, 26). Technical corrections to the clause were effected
    in the 108th Congress (sec. 2(u), H. Res. 5, Jan. 7, 2003, p. ----).

      (h) <> The Clerk may
    receive messages from the President and from the Senate at any time when
    the House is not in session.

      Before the House recodified its rules in the 106th Congress, this
    paragraph was found in former clause 5 of rule III (H. Res. 5, Jan. 6,
    1999, p. ----). It was adopted initially in the 97th Congress (H. Res.
    5, Jan. 5, 1981, pp. 98-113). In the case of Kennedy v. Sampson, 511
    F.2d 430 (D.C. Cir. 1974) (see Sec. 113, supra, accompanying Const.,
    art. I, sec. 7, cl. 2) a United States Court of Appeals held that a bill
    could not be pocket-vetoed by the President during an ``intrasession''
    adjournment of Congress to a day certain for more than three days, where
    the House of origin has made appropriate arrangements for the receipt of
    Presidential messages during the adjournment. Under this clause the
    Clerk may receive messages during recesses as well as during
    adjournments (Dec. 22, 1987, p. 37966).

    [[Page [362]]]

      (i)(1) <> The Clerk shall supervise the staff and manage the office of a
    Member, Delegate, or Resident Commissioner who has died, resigned, or
    been expelled until a successor is elected. The Clerk shall perform
    similar duties in the event that a vacancy is declared by the House in
    any congressional district because of the incapacity of the person
    representing such district or other reason. Whenever the Clerk is acting
    as a supervisory authority over such staff, he shall have authority to
    terminate employees and, with the approval of the Committee on House
    Administration, may appoint such staff as is required to operate the
    office until a successor is elected.
      (2) For 60 days following the death of a former Speaker, the Clerk
    shall maintain on the House payroll, and shall supervise in the same
    manner, staff appointed under House Resolution 1238, Ninety-first
    Congress (as enacted into permanent law by chapter VIII of the
    Supplemental Appropriations Act, 1971) (2 U.S.C. 31b-5).

      Before the House recodified its rules in the 106th Congress, this
    paragraph was found in former clause 6 of rule III (H. Res. 5, Jan. 6,
    1999, p. ----). It was adopted initially in the 98th Congress (H. Res.
    5, Jan. 3, 1983, p. 34). It was amended in the 104th and 106th
    Congresses to reflect changes in the name of the Committee on House
    Administration (sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 464; H. Res. 5,
    Jan. 6, 1999, p. ----).

    -  (j) In <> addition to any other
    reports required by the Speaker or the Committee on House
    Administration, the Clerk shall report to the Committee on House
    Administration not later than 45 days following the

    [[Page [363]]]

    close of each semiannual period ending on June 30 or on December 31 on
    the financial and operational status of each function under the
    jurisdiction of the Clerk. Each report shall include financial
    statements and a description or explanation of current operations, the
    implementation of new policies and procedures, and future plans for each
    function.
      (k) <> The Clerk shall fully
    cooperate with the appropriate offices and persons in the performance of
    reviews and audits of financial records and administrative operations.

      Before the House recodified its rules in the 106th Congress,
    paragraphs (j) and (k) were found in former clauses 7 and 8 of rule III
    (H. Res. 5, Jan. 6, 1999, p. ----). They were adopted initially in the
    104th Congress (sec. 201(b), H. Res. 6, Jan. 4, 1995, p. 463). A
    conforming change was effected at the beginning of the 106th Congress in
    the name of the Committee on House Administration (H. Res. 5, Jan. 6,
    1999, p. ----).
      The Clerk is also required to make certain reports on receipts and
    expenditures under law (2 U.S.C. 102, 103, 113), which are available to
    the public. However, members of the public have no statutory or
    constitutional right to examine the actual financial records that are
    used in preparing such reports (Trimble v. Johnston, 173 F. Supp. 651,
    D.C. Cir. 1959).

    Sergeant-at-Arms--
      3. (a) <>
    The Sergeant-at-Arms shall attend the House during its sittings and
    maintain order under the direction of the Speaker or other presiding
    officer. The Sergeant-at-Arms shall execute the commands of the House,
    and all processes issued by authority thereof, directed to him by the
    Speaker.

      Before the House recodified its rules in the 106th Congress, this
    paragraph was found in former clause 1 of rule IV (H. Res. 5, Jan. 6,
    1999, p. ----). It was adopted initially in 1789, with additions and
    amendments

    [[Page [364]]]

    in 1838, 1877, 1890 (I, 257), 1911 (VI, 29), and 1971. Amendments
    adopted in the 92d Congress clarified the responsibility of the
    Sergeant-at-Arms to keep the accounts for the pay and mileage of the
    Delegates from the District of Columbia, Guam, and the Virgin Islands
    and the Resident Commissioner from Puerto Rico as well as for Members
    (H. Res. 5, Jan. 22, 1971, p. 144; H. Res. 1153, Oct. 13, 1972, pp.
    36013-15). In the 94th Congress, the provisions of House Resolution 732,
    directing the Sergeant-at-Arms to enter into agreements with State
    officials, with the approval of the Committee on House Administration,
    to withhold State income taxes from the pay of each Member subject to
    such State income tax and requesting such withholding, were enacted into
    permanent law (90 Stat. 1448; 2 U.S.C. 60e-1b). Former provisions of
    this clause directing the Sergeant-at-Arms to keep the accounts for the
    pay and mileage of Members and Delegates and the Resident Commissioner
    from Puerto Rico were stricken by section 4 of the House Administrative
    Reform Resolution of 1992 (H. Res. 423, 102d Cong., Apr. 9, 1992, p.
    9039), to relieve the Sergeant-at-Arms of functions to be transferred to
    the Director of Non-legislative and Financial Services pursuant to
    section 7 of that resolution (see Sec. 664, supra). During the 102d
    Congress, the House adopted a resolution presented by the Majority
    Leader as a question of the privileges of the House to terminate all
    bank and check-cashing operations in the Office of the Sergeant-at-Arms
    and direct the Committee on Standards of Official Conduct to review GAO
    audits of such operations (Oct. 3, 1991, p. 25435). When former rule IV
    was rewritten in the 104th Congress, clause 1 was restated without
    change (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463).
      The Sergeant-at-Arms is authorized to make payments from the
    contingent fund of the House (now referred to as ``applicable accounts
    of the House described in clause 1(i)(1) of rule X''), under rules
    prescribed by the Committee on House Administration, to defray the
    expenses of the funeral of a deceased Member of the House and the
    expenses of any delegation of Members of Congress duly appointed to
    attend (76 Stat. 686; 2 U.S.C. 124).
      The Speaker ordered that documents received in a communication from an
    independent counsel advising the House of substantial and credible
    information that may constitute grounds for impeachment of the President
    be kept under armed guard of the Sergeant-at-Arms until the House
    determined which documents to make available to the public (Sept. 9,
    1998, p. ----).
      At the organization of the House in a new Congress the election of
    Speaker occurs before the adoption of rules. Therefore this rule is not
    in force at that time, and in case of necessity a special rule may be
    adopted conferring the authority, as was done in 1849 and 1859 (I, 101,
    102).
      Duties are imposed on the Sergeant-at-Arms by law (I, 258): Control of
    Capitol police; and the making up of the roll of Members-elect and
    presiding over the organization of a new Congress in case of vacancy in
    the Office of the Clerk, or the absence or disability of that officer (2
    U.S.C.

    [[Page [365]]]

    26). The death of the Sergeant-at-Arms being announced, the House passed
    appropriate resolutions and adjourned as a mark of respect (VI, 32; July
    8, 1953, p. 8263). The Clerk having died, and in the absence of the
    Sergeant-at-Arms, the Doorkeeper of the 79th Congress presided at the
    organization of the 80th Congress (Jan. 3, 1947, p. 33). In the 83d
    Congress the Sergeant-at-Arms having died, the Clerk was elected to
    serve temporarily both as Clerk and Sergeant-at-Arms (July 8, 1953, p.
    8242), and upon resignation by the Clerk from his additional position of
    Sergeant-at-Arms, the Speaker, pursuant to 2 U.S.C. 75a-1, appointed a
    temporary Sergeant-at-Arms (Jan. 6, 1954, p. 8). The Sergeant-at-Arms
    having resigned in the 96th Congress, the Speaker appointed a temporary
    Sergeant-at-Arms pursuant to the statute (Feb. 28, 1980, pp. 4349-50);
    and the same occurred in the 102d Congress (Mar. 12, 1992, p. 5519).
    Instance where the Senate by resolution removed its Sergeant-at-Arms
    (VI, 37).

    -- <>   (b) The symbol of the Office of the Sergeant-at-Arms shall
    be the mace, which shall be borne by him while enforcing order on the
    floor.

      Before the House recodified its rules in the 106th Congress, this
    paragraph was found in former clause 2 of rule IV (H. Res. 5, Jan. 6,
    1999, p. ----). It was adopted initially in 1789 (II, 1346). When former
    rule IV was rewritten entirely in the 104th Congress, the paragraph was
    restated without change (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463).
    An attempt to enforce order without the mace gave rise to a question of
    privilege (II, 1347). Extreme disorder arising on the floor, the Speaker
    directed the Sergeant-at-Arms to enforce order with the mace (VI, 258;
    VIII, 2530).

      (c) <> The Sergeant-at-Arms shall
    enforce strictly the rules relating to the privileges of the Hall of the
    House and be responsible to the House for the official conduct of his
    employees.
      (d) The Sergeant-at-Arms may not allow a person to enter the room over
    the Hall of the House during its sittings; and from 15 minutes before
    the hour of the meeting of the House each day until 10 minutes after
    adjournment, he shall see that the floor is cleared of all persons
    except those privileged to remain.

    [[Page [366]]]

      Before the House recodified its rules in the 106th Congress,
    paragraphs (c) and (d) were found in former clauses 3 and 4 of rule IV
    (H. Res. 5, Jan. 6, 1999, p. ----). They were adopted initially in the
    104th Congress to transfer functions incident to the abolishment of the
    Office of the Doorkeeper (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463).
    For the history of the Office of the Doorkeeper, see Sec. 663a, infra.

    -  (e) <> In addition to any other
    reports required by the Speaker or the Committee on House
    Administration, the Sergeant-at-Arms shall report to the Committee on
    House Administration not later than 45 days following the close of each
    semiannual period ending on June 30 or on December 31 on the financial
    and operational status of each function under the jurisdiction of the
    Sergeant-at-Arms. Each report shall include financial statements and a
    description or explanation of current operations, the implementation of
    new policies and procedures, and future plans for each function.
      (f) The <> Sergeant-at-Arms
    shall fully cooperate with the appropriate offices and persons in the
    performance of reviews and audits of financial records and
    administrative operations.

      Before the House recodified its rules in the 106th Congress,
    paragraphs (e) and (f) were found in former clauses 5 and 6 of rule IV
    (H. Res. 5, Jan. 6, 1999, p. ----). They were adopted initially in the
    104th Congress (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463). A
    conforming change was effected at the beginning of the 106th Congress in
    the name of the Committee on House Administration (H. Res. 5, Jan. 6,
    1999, p. ----).

    Chief Administrative Officer
      4. <> (a) The Chief Administrative Officer shall
    have operational and financial responsibility for functions as assigned
    by the Committee on House Administra

    [[Page [367]]]

    tion and shall be subject to the oversight of the Committee on House
    Administration.-
      (b) <> In addition to any other
    reports required by the Committee on House Administration, the Chief
    Administrative Officer shall report to the Committee on House
    Administration not later than 45 days following the close of each
    semiannual period ending on June 30 or December 31 on the financial and
    operational status of each function under the jurisdiction of the Chief
    Administrative Officer. Each report shall include financial statements
    and a description or explanation of current operations, the
    implementation of new policies and procedures, and future plans for each
    function.
      (c) <> The Chief
    Administrative Officer shall fully cooperate with the appropriate
    offices and persons in the performance of reviews and audits of
    financial records and administrative operations.

      Before the House recodified its rules in the 106th Congress, clause 4
    was found in former rule V (H. Res. 5, Jan. 6, 1999, p. ----). It was
    adopted initially in this form in the 104th Congress (sec. 201(c), H.
    Res. 6, Jan. 4, 1995, p. 463). It was amended in the 105th Congress to
    eliminate the supervisory role of the Speaker over the Chief
    Administrative Officer (H. Res. 5, Jan. 7, 1997, p. 121). A conforming
    change was effected at the beginning of the 106th Congress in the name
    of the Committee on House Administration (H. Res. 5, Jan. 6, 1999, p. --
    --). It was amended in the 107th Congress to reflect the removal of the
    requirement that the Committee on House Administration provide policy
    direction to the Chief Administrative Officer (sec. 2(g), H. Res. 5,
    Jan. 3, 2001, p. ----). The earlier form of the rule enumerated the
    duties of the Doorkeeper, which were transferred to the Sergeant-at-Arms
    incident to the abolishment of the Office of the Doorkeeper.
      Before <> the 104th
    Congress (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463), rule V
    enumerated the duties of the Doorkeeper, who enforced the rules relating
    to the privileges of the Hall of the House. The earlier form of the rule
    was adopted

    [[Page [368]]]

    in 1838 and amended in 1869, 1880 (I, 260), and 1890 (V, 7295). By law
    the Doorkeeper was assigned certain administrative duties (I, 262),
    including certain housekeeping functions. Through his employees and
    appointees, the Doorkeeper also discharged various duties not enumerated
    in the law or in the rules, such as announcing at the door of the Hall
    of the House all messengers from the President and the Senate (V, 6591).
    The Clerk having died, and the Sergeant-at-Arms having been absent, the
    Doorkeeper of the 79th Congress presided at the organization of the 80th
    Congress (Jan. 3, 1947, p. 33). In the 78th Congress, the House adopted
    a resolution on the death of the Doorkeeper and appointed a committee to
    attend his funeral (Jan. 28, 1943, pp. 421-22).-
      The Chief <> Administrative Officer supplanted the Director of
    Non-legislative and Financial Services formerly provided for under
    clause 1 of rule VI in the 103d Congress, which corresponded to an
    erstwhile rule LII of the 102d Congress. Certain functions and entities
    formerly within the purview of elected officers were transferred to the
    Director of Non-legislative and Financial Services pursuant to section 7
    of the House Administrative Reform Resolution of 1992 (H. Res. 423, Apr.
    9, 1992, p. 9040). Section 7(b) of that resolution vested the Committee
    on House Administration with authority to prescribe regulations
    providing for the orderly transfer of such functions and entities and
    any other transfers necessary for the improvement of non-legislative and
    financial services in the House, so long as not transferring a function
    or entity within the jurisdiction of the committee under rule X. Section
    13 of the resolution provided that previous responsibility for a
    function or entity would remain fixed until such function or entity were
    transferred. Pursuant to clause 1 of rule VI of the 103d Congress (then
    still designated as rule LII of the 102d Congress), the Speaker, the
    Majority Leader, and the Minority Leader jointly appointed the first
    Director of Non-legislative and Financial Services of the House on
    October 23, 1992 (Oct. 29, 1992, p. 34802).

    Chaplain
      5. The <> Chaplain shall offer a
    prayer at the commencement of each day's sitting of the House.

      Before the House recodified its rules in the 106th Congress, this
    clause was found in former rule VII (H. Res. 5, Jan. 6, 1999, p. ----).
    It was adopted initially in 1880 (I, 272), but the sessions of the House
    were opened with prayer from the first, and the Chaplain was an officer
    of the House before the adoption of the rule (I, 273-282). The Chaplain
    takes the oath prescribed for the officers of the House (VI, 31; Feb. 1,
    1950, p. 1311). Prayer by the Chaplain is not business requiring the
    presence of a quorum and the Speaker declines to entertain a point of no
    quorum before prayer

    [[Page [369]]]

    is offered (VI, 663; clause 7(a)(1) of rule XX). There is no precedent
    for prayer to be offered by the Chaplain during a continuous session of
    the House, absent an adjournment or recess (compare Apr. 22 and 23,
    1985, pp. 8753 and 8959). Form of resignation of the Chaplain (Feb. 28,
    1921, p. 4075; Jan. 30, 1950, p. 1097; Mar. 23, 2000, p. ----). The
    election of a Chaplain emeritus (VI, 31; Jan. 30, 1950, p. 1095; Nov.
    10, 1999, p. ----).
      During the 97th Congress, the Supreme Court held that employment of a
    chaplain for the legislative body of Nebraska did not violate the
    Establishment Clause of the first amendment to the Constitution (Marsh
    v. Chambers, 463 U.S. 783 (1983)). The Court of Appeals cited the Marsh
    decision as controlling authority in a similar challenge to the House
    Chaplain (Murray v. Buchanan, 729 F.2d 689 (D.C. Cir. 1983)). The House
    adopted a privileged resolution articulating its position in the Murray
    case (H. Res. 413, Mar. 30, 1982, p. 5890).

    Office of Inspector General
      6. (a) <> There is established an
    Office of Inspector General.
      (b) The Inspector General shall be appointed for a Congress by the
    Speaker, the Majority Leader, and the Minority Leader, acting jointly.
      (c) Subject to the policy direction and oversight of the Committee on
    House Administration, the Inspector General shall only--
          (1) conduct periodic audits of the financial and administrative
    functions of the House and of joint entities;
          (2) inform the officers or other officials who are the subject of
    an audit of the results of that audit and suggesting appropriate
    curative actions;
          (3) simultaneously notify the Speaker, the Majority Leader, the
    Minority Leader, and the chairman and ranking minority member of the
    Committee on House Administration in the case of any financial
    irregularity discovered in

    [[Page [370]]]

    the course of carrying out responsibilities under this clause;
          (4) simultaneously submit to the Speaker, the Majority Leader, the
    Minority Leader, and the chairman and ranking minority member of the
    Committee on House Administration a report of each audit conducted under
    this clause; and
          (5) report to the Committee on Standards of Official Conduct
    information involving possible violations by a Member, Delegate,
    Resident Commissioner, officer, or employee of the House of any rule of
    the House or of any law applicable to the performance of official duties
    or the discharge of official responsibilities that may require referral
    to the appropriate Federal or State authorities under clause 3(a)(3) of
    rule XI.

      Before the House recodified its rules in the 106th Congress, this
    clause was found in former rule VI (H. Res. 5, Jan. 6, 1999, p. ----).
    It was adopted initially in this form at the beginning of the 104th
    Congress (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463). Later in the
    104th Congress and in the 106th Congress it was amended to effect a
    technical correction (H. Res. 254, Nov. 30, 1995, p. 35077; H. Res. 5,
    Jan. 6, 1999, p. ----). Its predecessor form was composed in the 103d
    Congress (H. Res. 5, Jan. 5, 1993, p. 49) by combining two rules adopted
    in the House Administrative Reform Resolution of 1992 (H. Res. 423, 102d
    Cong., Apr. 9, 1992, p. 9040). For the history of former rule VI before
    1992, see Sec. 668, infra.
      In the form of the rule adopted in the 103d Congress, paragraph (a)
    (former clause 1) corresponded to an erstwhile rule LII of the 102d
    Congress (relating to the Director of Non-legislative and Financial
    Services, who in the 104th Congress was supplanted by the Chief
    Administrative Officer; see clause 4 of rule II, Sec. Sec. 661-663,
    supra), and paragraph (b) (former clause 2) corresponded to an erstwhile
    rule LIII of the 102d Congress (relating to the Inspector General). The
    104th Congress rewrote clause 2 of rule VI (as it was composed in the
    103d Congress) to occupy all of rule VI and to: broaden the auditing
    responsibilities beyond the offices of the elected officers (paragraph
    (c)(1), former clause 2(c)(1)); add requirements for simultaneous
    reporting (paragraphs (c)(3) and (4), former clauses

    [[Page [371]]]

    2(c)(3) and (4)); delete a provision relating to classification of
    employees (former clause 2(d)); and add the responsibility to report
    certain information to the Committee on Standards of Official Conduct
    (paragraph (c)(5)) (sec. 201, H. Res. 6, Jan. 4, 1995, p. 464). The
    104th Congress also mandated that the Inspector General, in consultation
    with the Speaker and the Committee on House Administration, procure an
    independent and comprehensive audit of House financial records and
    administrative operations and report the results thereof in accord with
    this rule (sec. 107, H. Res. 6, Jan. 4, 1995, p. 463).
      Pursuant to clause 2(b) of the form of the rule adopted in the 103d
    Congress, the Speaker, the Majority Leader, and the Minority Leader
    jointly appointed the first Inspector General of the House of
    Representatives (Nov. 10, 1993, p. 28591).

      Until <> the 102d
    Congress, former rule VI provided for an Office of the Postmaster, who
    superintended the post offices of the House and the delivery of its
    mail. The earlier form of the rule was adopted in 1838 and amended in
    1880 (I, 270), 1911 (VI, 34), 1971 (H. Res. 5, 92d Cong., p. 144), and
    1972 (H. Res. 1153, 92d Cong., pp. 36013-15). The Office of the
    Postmaster was abolished during the 102d Congress by sections 2 and 5 of
    the House Administrative Reform Resolution of 1992 (H. Res. 423, Apr. 9,
    1992, p. 9040).

    Office of the Historian
      7. <> There is established an Office of the
    Historian of the House of Representatives. The Speaker shall appoint and
    set the annual rate of pay for employees of the Office of the Historian.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 10 of rule I (H. Res. 5, Jan. 6,
    1999, p. ----). It was adopted initially in the 101st Congress (H. Res.
    5, Jan. 3, 1989, p. 72). The second sentence was added in the 106th
    Congress (H. Res. 5, Jan. 6, 1999, p. ----). An earlier form of this
    clause provided for the seven-year establishment of an Office for the
    Bicentennial to coordinate the commemoration of the two-hundredth
    anniversary of the House of Representatives (H. Res. 621, 97th Cong.,
    Dec. 17, 1982, p. 31951). The management, supervision, and
    administration of the office was under the direction of the Speaker and
    was staffed by a professional historian appointed by the Speaker on a
    nonpartisan basis. In 1984 the Office of the Bicentennial was removed
    from the standing rules and established by law for the remainder of its
    existence in P.L. 98-367 (2 U.S.C. 29c). Apart from the Office of the
    Historian, the History of the House Awareness and Preservation Act
    requires the Librarian of Congress to prepare a new and complete

    [[Page [372]]]

    written history of the House in consultation with the Committee on House
    Administration (2 U.S.C. 183). The Act also requires the Librarian to
    accept for deposit, preserve, maintain, and make accessible an oral
    history of the House as told by its Members and former Members (2 U.S.C.
    183a).

    Office of General Counsel
      8. <> There is established an Office of
    General Counsel for the purpose of providing legal assistance and
    representation to the House. Legal assistance and representation shall
    be provided without regard to political affiliation. The Office of
    General Counsel shall function pursuant to the direction of the Speaker,
    who shall consult with a Bipartisan Legal Advisory Group, which shall
    include the majority and minority leaderships. The Speaker shall appoint
    and set the annual rate of pay for employees of the Office of General
    Counsel.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 11 of rule I (H. Res. 5, Jan. 6,
    1999, p. ----). It was adopted intially in the 103d Congress (H. Res. 5,
    Jan. 5, 1993, p. 49). The previous year, in section 12 of the House
    Administrative Reform Resolution of 1992 (H. Res. 423, Apr. 9, 1992, p.
    9040), the House had directed the Committee on House Administration to
    provide for an Office of General Counsel in a manner ensuring
    appropriate coordination with and participation by both the majority and
    minority leaderships in matters of representation and litigation.
      The General Counsel is authorized by law to appear in any proceeding
    before a State or Federal court (except the United States Supreme Court)
    without compliance with admission requirements of such court (2 U.S.C.
    130f(a)). Furthermore, the law requires the Attorney General to notify
    the General Counsel of a determination not to appeal a court decision
    affecting the constitutionality of an Act (2 U.S.C. 130f(b)).

    [[Page [373]]]

    [DOCID:hd284-91]
                                    Rule III

    [DOCID:hd284-92]
        the members, delegates, and resident commissioner of puerto rico

    Voting
      1. <> Every Member shall be present
    within the Hall of the House during its sittings, unless excused or
    necessarily prevented, and shall vote on each question put, unless he
    has a direct personal or pecuniary interest in the event of such
    question.

      When the House recodified its rules, it consolidated former rule VIII,
    rule XII, and clause 6(h) of rule X under rule III, except that viable
    provisions of former clause 2 of rule VIII were transferred to current
    clause 3 of rule XX. This clause was adopted initially in 1789, with
    amendment in 1890 (V, 5941). Before the House recodified its rules in
    the 106th Congress, this clause was found in former clause 1 of rule
    VIII (H. Res. 5, Jan. 6, 1999, p. ----).
      Leaves of absence are presented pending the motion to adjourn (IV,
    3151), and are usually granted by general consent, but sometimes are
    opposed or even refused (II, 1142-1145). Application for leave of
    absence is properly presented by filing with the Clerk the printed form
    to be secured at the desk rather than by oral request from the floor
    (VI, 199). Whether or not they are privileged is a matter of doubt (II,
    1146, 1147). Excuses for absence, as distinguished from leaves of
    absence, may be granted by less than a quorum (IV, 3000-3002). The
    statutes provide that deductions may be made from the salaries of
    Members who are absent without sufficient excuse (II, 1149, 1150); and
    while this law has been enforced (IV, 3011, footnote; VI, 30, 198), its
    general application is not practical under modern conditions. Form of
    resolution for the arrest of Members absent without leave (VI, 686).
      It <> has been
    found impracticable to enforce the provision requiring every Member to
    vote (V, 5942-5948), and such question, even if entertained, may not
    interrupt a pending record vote (V, 5947). The weight of authority also
    favors the idea that there is no authority in the House to deprive a
    Member of the right to vote (V, 5937, 5952, 5959, 5966, 5967; VIII,
    3072). In one or two early instances the Speaker decided that because of
    personal interest, a Member should not vote (V, 5955, 5958); but on all
    other occasions and in the later practice the Speaker has held that the
    Member himself and not the Chair should determine this question (V,
    5950, 5951;

    [[Page [374]]]

    VIII, 3071; Speaker Albert, Dec. 2, 1975, p. 38135; Speaker O'Neill,
    Mar. 1, 1979, p. 3748; July 30, 1996, p. 19952), and the Speaker has
    denied his own power to deprive a Member of the constitutional right to
    vote (V, 5956; Speaker Albert, Dec. 2, 1975, p. 38135; Speaker O'Neill,
    Mar. 1, 1979, p. 3748). Members may not vote in the House by proxy (VII,
    1014). Instance where a Member submitted his resignation from a
    committee on grounds of disqualifying personal interest (VIII, 3074).
      The House has frequently excused Members from voting in cases of
    personal interest (III, 2294; V, 5962; Aug. 2, 1949, pp. 10591, 10592;
    Oct. 20, 1951, p. 13746; July 21, 1954, p. 11262; July 28, 1955, p.
    11930; July 12, 1956, p. 12566).
      It <> is a
    principle of ``immemorial observance'' that a Member should withdraw
    when a question concerning himself arises (V, 5949); but it has been
    held that the disqualifying interest must be such as affects the Member
    directly (V, 5954, 5955, 5963), and not as one of a class (V, 5952;
    VIII, 3071, 3072; Speaker Bankhead, May 31, 1939, p. 6359; Speaker
    Albert, Dec. 2, 1975, p. 38135). In a case where question affected the
    titles of several Members to their seats, each refrained from voting in
    his own case, but did vote on the identical cases of his associates (V,
    5957, 5958). While a Member should not vote on the direct questions
    affecting himself, he has sometimes voted on incidental questions (V,
    5960, 5961).

      2. <> (a) A Member may not authorize any
    other person to cast his vote or record his presence in the House or the
    Committee of the Whole House on the state of the Union.
      (b) No other person may cast a Member's vote or record a Member's
    presence in the House or the Committee of the Whole House on the state
    of the Union.

      Before the House recodified its rules in the 106th Congress, this
    clause was found in former clause 3 of rule VIII (H. Res. 5, Jan. 6,
    1999, p. ----). The Committee on Standards of Official Conduct
    recommended this addition to the rules in its May 15, 1980, report on
    voting anomalies which had occurred in the House (H. Rept. 96-991), and
    the House adopted the rule in the 97th Congress (H. Res. 5, Jan. 5,
    1981, pp. 98-113). Even prior to the addition of this clause, however,
    ``ghost voting'' was considered unethical (VII, 1014; Dec. 18, 1987, p.
    36274).

    [[Page [375]]]

    Delegates and the Resident Commissioner
      3. <> (a) Each Delegate and the
    Resident Commissioner shall be elected to serve on standing committees
    in the same manner as Members of the House and shall possess in such
    committees the same powers and privileges as the other members of the
    committee.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former rule XII (H. Res. 5, Jan. 6, 1999, p. ----
    ). Paragraph (a) resumed basically this form in the 104th Congress (sec.
    212, H. Res. 6, Jan. 4, 1995, p. 462). The first form of paragraph (a)
    was adopted in 1871, and it was perfected by amendments in 1876, 1880,
    1887, and 1892 (II, 1297). Reference to the Resident Commissioner was
    first found in 1904 (II, 1306). Paragraph (a) was again amended on
    January 2, 1947 (Legislative Reorganization Act of 1946), August 2, 1949
    (p. 10618), February 2, 1951 (p. 883), January 22, 1971 (H. Res. 5, 92d
    Cong., p. 144), January 3, 1973 (H. Res. 6, 93d Cong., p. 26), and
    January 3, 1991 (H. Res. 5, 102d Cong., p. 39). Paragraph (a) was
    completely revised in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. 49)
    to provide that each of the Delegates and the Resident Commissioner be
    elected to committees of the House on the same bases, vote in any
    committees on which they serve, and vote on questions arising in the
    Committee of the Whole House on the state of the Union. The latter power
    was affected by former clause 2(d) of rule XXIII (providing for
    immediate reconsideration in the House of questions resolved in the
    Committee of the Whole by a margin within which the votes of Delegates
    and the Resident Commissioner were decisive; see Sec. 984, infra).
      The constitutionality of granting to Delegates the right to vote in
    the Committee of the Whole under the former rule, as circumscribed by
    former clause 2(d) of rule XXIII, was upheld based on the premise that
    immediate ``revote'' where votes cast by Delegates had been decisive
    rendered their votes merely symbolic and not an investment of true
    legislative power (Michel v. Anderson, 14 F.3d 623 (D.C. Cir. 1994)).
    The changes effected in the 103d Congress were revoked in the 104th
    Congress (sec. 212, H. Res. 6, Jan. 4, 1995, p. 462).
      The Office of Delegate was established by ordinance of the Continental
    Congress and confirmed by a law of Congress (I, 400, 421). The nature of
    the office has been the subject of much discussion (I, 400, 403, 473);
    and except as provided by law (I, 431, 526) the qualifications of the
    Delegate also have been a matter of discussion (I, 421, 423, 469, 470,
    473). A territory or district must be organized by law before the House
    will admit a Delegate (I, 405, 407, 411, 412). The Office of Delegate
    from the District of Columbia

    [[Page [376]]]

    was established by Public Law 91-405 (84 Stat. 845). The Offices of
    Delegate from the Territories of Guam and the Virgin Islands were
    established by Public Law 92-271 (86 Stat. 118). The Office of Delegate
    from American Samoa was established by Public Law 95-556 (92 Stat. 2078)
    and was first filled by the general Federal election of 1980. The Office
    of Resident Commissioner was established (with a four-year term) by the
    Act of March 2, 1917 (39 Stat. 963; 48 U.S.C. 891). The Act of May 17,
    1932, changed the name of Porto Rico to Puerto Rico (48 U.S.C. 731a).
      Under an earlier practice, Delegates did not vote in committee (VI,
    243); but this had not always been so (II, 1301). The Resident
    Commissioner, who under the rules of the 91st and earlier Congresses,
    was designated as an additional member of the Committees on Agriculture,
    Armed Services, and Interior and Insular Affairs, is now elected to
    committees in the same fashion as are other Members and may exercise in
    those committees on which he serves the same powers as other members,
    including the right to vote.
      The law provides that on the floor of the House a Delegate may debate
    (II, 1290), and he may in debate call a Member to order (II, 1295). He
    may make any motion which a Member may make except the motion to
    reconsider (II, 1291, 1292). A Delegate may make a point of order (VI,
    240). A Delegate has even moved an impeachment (II, 1303). However, a
    resolution offered from the floor to permit the Delegate of the District
    of Columbia to vote on the articles of impeachment against the President
    was held not to constitute a question of the privileges of the House
    under rule IX (Dec. 18, 1998, p. ----). He may be appointed a teller
    (II, 1302); but the law forbids him to vote (II, 1290). He has been
    recognized to object to the consideration of a bill (VI, 241), to a
    unanimous-consent request to concur in a Senate amendment (June 29,
    1984, p. 20267), and has made reports for committees (July 1, 1958, p.
    12870). The rights and prerogatives of a Delegate in parliamentary
    matters are not limited to legislation affecting his own territory (VI,
    240).
      At the organization of the House, the Delegates and Resident
    Commissioner are sworn (I, 400, 401); but the Clerk does not put them on
    the roll (I, 61, 62; Jan. 6, 1999, p. ----). In the 103d Congress on
    recorded votes in the Committee of the Whole, their names were listed
    alphabetically with the names of Members (Feb. 3, 1993, p. 2035).
      A Delegate resigns in a communication addressed to the Speaker (II,
    1304). He may be arrested and censured for disorderly conduct (II,
    1305), but there has been disagreement as to whether he should be
    expelled by a majority or two-thirds vote (I, 469).
      The privileges of the floor with the right to debate were extended to
    Resident Commissioners in the 60th Congress (VI, 244). Prior to the
    independence of the Philippines it was represented in the House by a
    Resident Commissioner (Deschler, ch. 7, Sec. 3.3).

    [[Page [377]]]

       <> (b) The Delegates and the Resident Commissioner may be
    appointed to any select committee and to any conference committee.

      Before the House recodified its rules in the 106th Congress, paragraph
    (b) was found in former clause 6(h) of rule X (H. Res. 5, Jan. 6, 1999,
    p. ----). Paragraph (b), effective January 3, 1975, initially authorized
    the appointment of Delegates and the Resident Commissioner to certain
    conferences (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Paragraph
    (b) was amended in the 96th Congress to authorize their appointment to
    select committees (H. Res. 5, Jan. 15, 1979, pp. 7-16), and again in the
    103d Congress to authorize their appointment to any conference (H. Res.
    5, Jan. 5, 1993, p. 49).
      Prior to the adoption and refinement of this paragraph, a Delegate or
    the Resident Commissioner could not be appointed to a conference
    committee (Sept. 18, 1973, p. 30144; July 20, 1973, p. 25201); and they
    could be appointed to a select committee only with the permission of the
    House (Sept. 21, 1976, p. 31673).

    [DOCID:hd284-93]
                                     Rule IV

    [DOCID:hd284-94]
                              the hall of the house

    Use and admittance
      1. The Hall <> of the House
    shall be used only for the legislative business of the House and for
    caucus and conference meetings of its Members, except when the House
    agrees to take part in any ceremonies to be observed therein. The
    Speaker may not entertain a motion for the suspension of this clause.

      When the House recodified its rules in the 106th Congress, it
    consolidated former rules XXXI, XXXII, and XXXIII under rule IV, and
    clause 1 was found in former rule XXXI (H. Res. 5, Jan. 6, 1999, p. ----
    ). Rules relating to the use of the Hall were adopted as early as 1804.
    The present form of this clause dates from 1880 (V, 7270). It was
    renumbered January 3, 1953 (p. 24).

    [[Page [378]]]

      2. <> (a) Only the following persons shall be
    admitted to the Hall of the House or rooms leading thereto:
          (1) Members of Congress, Members-elect, and contestants in
    election cases during the pendency of their cases on the floor.
          (2) The Delegates and the Resident Commissioner.
          (3) The President and Vice President of the United States and
    their private secretaries.
          (4) Justices of the Supreme Court.
          (5) Elected officers and minority employees nominated as elected
    officers of the House.
          (6) The Parliamentarian.
          (7) Staff of committees when business from their committee is
    under consideration, and staff of the respective party leaderships when
    so assigned with the approval of the Speaker.
          (8) Not more than one person from the staff of a Member, Delegate,
    or Resident Commissioner when that Member, Delegate, or Resident
    Commissioner has an amendment under consideration (subject to clause 5).
          (9) The Architect of the Capitol.
          (10) The Librarian of Congress and the assistant in charge of the
    Law Library.
          (11) The Secretary and Sergeant-at-Arms of the Senate.
          (12) Heads of departments.
          (13) Foreign ministers.
          (14) Governors of States.

    [[Page [379]]]

          (15) Former Members, Delegates, and Resident Commissioners; former
    Parliamentarians of the House; and former elected officers and minority
    employees nominated as elected officers of the House (subject to clause
    4).
          (16) One attorney to accompany a Member, Delegate, or Resident
    Commissioner who is the respondent in an investigation undertaken by the
    Committee on Standards of Official Conduct when a recommendation of that
    committee is under consideration in the House.
          (17) Such persons as have, by name, received the thanks of
    Congress.
      (b) The Speaker may not entertain a unanimous consent request or a
    motion to suspend this clause.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 1 of rule XXXII (H. Res. 5, Jan. 6,
    1999, p. ----). It was subjected to many changes from 1802 until 1880
    (V, 7823; VIII, 3634) and was renumbered in the 83d Congress (Jan. 3,
    1953, p. 24). The rule was amended in the 92d Congress to include the
    Delegate from the District of Columbia among those having the privilege
    of the floor (H. Res. 5, Jan. 22, 1971, p. 144), and later in that same
    Congress was again revised to permit all Delegates to enjoy the
    privilege (H. Res. 1153, Oct. 13, 1972, pp. 36021-23). The latter
    revision was necessary because of the enactment of Public Law 92-271,
    which created the positions of Delegate from Guam and Delegate from the
    Virgin Islands. Officers and elected employees, both present and former,
    were given floor privileges by the adoption of this same resolution (H.
    Res. 1153, Oct. 13, 1972, p. 36013) but had in fact, by custom, been
    permitted on the floor prior to this change in the clause. This clause
    was substantially amended in the 94th Congress (H. Res. 1435, Oct. 1,
    1976, pp. 35175-80) and was amended by the Ethics Reform Act of 1989 to
    permit floor privileges for one attorney for a Member-respondent during
    consideration of a disciplinary resolution (P.L. 101-194, Nov. 30,
    1989). Clause 2(a)(7) was amended in the 108th Congress to extend floor
    privileges to party leadership staff when so assigned with the approval
    of the Speaker (sec. 2(d), H. Res. 5, Jan. 7, 2003, p. ----). This
    amendment codified current practice, including the Speaker's ultimate
    control over such assignments.

    [[Page [380]]]

      The portion of this clause which permits clerks of committees access
    to the floor during the consideration of business from their committees
    has been interpreted by the Speaker to allow four professional staff
    members and one clerk on the floor at one time (Speaker Albert, June 8,
    1972, p. 20318; Speaker O'Neill, Jan. 26, 1977, p. 2333). The
    Legislative Reorganization Act of 1970, section 503(3) (84 Stat. 1140,
    1202; 2 U.S.C. 281b(3)) also allows two staff members of the Legislative
    Counsel access to the floor to assist the committee.
      The portion of the clause forbidding the Speaker to entertain requests
    for suspension of the rule applies also to the Chairman of the Committee
    of the Whole (V, 7285). ``Heads of departments'' means members of the
    President's Cabinet, and not subordinate executive officers, and
    ``foreign ministers'' means ministers from foreign governments only.
    ``Governors of States'' does not include governors of territories (V,
    7283; VIII, 3634).
      An alleged violation of the rule relating to admission to the floor
    presents a question of privilege (III, 2624, 2625; VI, 579), but not a
    higher question of privilege than an election case (III, 2626). In one
    case where a former Member was abusing the privilege, he was excluded by
    direction of the Speaker (V, 7288), but in another case the Speaker
    declared it a matter for the House and not the Chair to consider (V,
    7286). In one case an alleged abuse was inquired into by a select
    committee (V, 7287). See Sec. 680, infra, for the rule constraining
    conduct of former Members, Delegates, the Resident Commissioner,
    officers, and staff while on the floor. The Speaker announced his
    intention to strictly enforce the rule to prevent a proliferation of
    committee and other staff on the floor (Aug. 22, 1974, p. 30027; Jan.
    19, 1981, p. 402; Jan. 25, 1983, p. 224). The Speaker announced that
    committee staff would be required to display staff badges on the floor
    in exchange for identification cards prior to admission to the floor
    (Speaker O'Neill, Jan. 21, 1986, p. 5; Jan. 5, 1993, p. 105). It is not
    in order to refer to persons temporarily on the floor of the House as
    guests of the House, such as Members' children (Apr. 28, 1994, p. 8783;
    Dec. 19, 1995, p. 37575; Jan. 22, 1996, p. 682; Apr. 30, 1998, p. ----),
    other children (May 18, 1995, p. 13490), or Senators exercising floor
    privileges (May 18, 1995, p. 13491).

      3. (a) <> Except as provided in paragraph (b), all persons not entitled
    to the privilege of the floor during the session shall be excluded at
    all times from the Hall of the House and the cloakrooms.
      (b) Until 15 minutes of the hour of the meeting of the House, persons
    employed in its service, accredited members of the press entitled to

    [[Page [381]]]

    admission to the press gallery, and other persons on request of a
    Member, Delegate, or Resident Commissioner by card or in writing, may be
    admitted to the Hall of the House.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 2 of rule XXXII (H. Res. 5, Jan. 6,
    1999, p. ----). It was adopted initially in 1902 (V, 7346).

      4. <> (a) Former
    Members, Delegates, and Resident Commissioners; former Parliamentarians
    of the House; and former elected officers and minority employees
    nominated as elected officers of the House shall be entitled to the
    privilege of admission to the Hall of the House and rooms leading
    thereto only if--
          (1) they do not have any direct personal or pecuniary interest in
    any legislative measure pending before the House or reported by a
    committee; and
          (2) they are not in the employ of, or do not represent, any party
    or organization for the purpose of influencing, directly or indirectly,
    the passage, defeat, or amendment of any legislative measure pending
    before the House, reported by a committee, or under consideration in any
    of its committees or subcommittees.
      (b) The Speaker shall promulgate such regulations as may be necessary
    to implement this rule and to ensure its enforcement.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 3 of rule XXXII (H. Res. 5, Jan. 6,
    1999, p. ----). This clause was added initially in the 94th Congress (H.
    Res. 1435, Oct. 1, 1976, pp. 35175-80) to consolidate in one clause and
    to clarify the restrictions on admittance to the floor of former
    Members, officers, and employees and to give the Speaker the power to
    promulgate regulations

    [[Page [382]]]

    to enforce the rule. As early as 1945 the Chair held that former Members
    do not have the privilege of the floor when they are personally
    interested in legislation (Speaker Rayburn, Oct. 2, 1945, p. 9251).
    Pursuant to the authority under this clause, the Speaker issued
    regulations addressing former Members (Jan. 6, 1977, p. 321; June 7,
    1978, p. 16625; Speaker Foley, June 9, 1994, p. 12387; Speaker Gingrich,
    May 24, 1995, p. 14300; Speaker Gingrich, Aug. 1, 1996, p. 21031). A
    former Member is not entitled to the privileges of the floor under this
    clause if he (1) has a direct personal or pecuniary interest in
    legislation under consideration in the House or reported by any
    committee, or (2) represents any party or organization for the purpose
    of influencing the disposition of legislation pending before the House,
    reported by any committee or under consideration in any committee or
    subcommittee (June 7, 1978, p. 16625). The essence of the rule is the
    former Member's status as one with a personal or pecuniary interest and
    not whether the former Member may have a present intent to lobby
    (Speaker Foley, June 9, 1994, p. 12387). Intent to lobby will be assumed
    where the former Member is employed or retained as a lobbyist to
    influence legislative measures as described in (2) above (Aug. 1, 1996,
    p. 21031). The Speaker has emphasized that the rule applies not only to
    the floor but also to ``rooms leading thereto,'' and has construed the
    latter phrase to include the Speaker's Lobby and the cloakrooms (Speaker
    Gingrich, May 24, 1995, p. 14300; Aug. 1, 1996, p. 21031).
      A former Member must observe the rules of proper decorum while on the
    floor, and the Chair may direct the Sergeant-at-Arms to assist the Chair
    in maintaining such decorum (Sept. 17, 1997, p. ----). A former Member
    may not manifest approval or disapproval of the proceedings (VIII,
    3635). In the 105th Congress the House adopted a resolution offered as a
    question of the privileges of the House alleging indecorous behavior of
    a former Member and instructing the Sergeant-at-Arms to ban the former
    Member from the floor, and rooms leading thereto, until the resolution
    of a contested election to which he was party (H. Res. 233, Sept. 18,
    1997, p. ----).

      5. A person <> from the staff of a
    Member, Delegate, or Resident Commissioner may be admitted to the Hall
    of the House or rooms leading thereto under clause 2 only upon prior
    notice to the Speaker. Such persons, and persons from the staff of
    committees admitted under clause 2, may not engage in efforts in the
    Hall of the House or rooms leading thereto to influence Members with
    regard to the legislation being amended. Such persons shall

    [[Page [383]]]

    remain at the desk and are admitted only to advise the Member, Delegate,
    Resident Commissioner, or committee responsible for their admission. A
    person who violates this clause may be excluded during the session from
    the Hall of the House and rooms leading thereto by the Speaker.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 4 of rule XXXII (H. Res. 5, Jan. 6,
    1999, p. ----). This clause was added initially in the 95th Congress (H.
    Res. 5, Jan. 4, 1977, pp. 53-70) to extend the privilege of the floor to
    one person from the staff of a Member who has an amendment under
    consideration but not of a measure's sponsor or during special-order
    speeches. The Speaker promulgated regulations for the implementation of
    this clause on January 26, 1977 (p. 2333). In the 97th Congress the
    Speaker announced that personal staff of Members did not have the
    privilege of the floor and that committee staff, permitted on the floor
    when business from their committees is under consideration, were
    required to remain unobtrusively by the committee tables (Aug. 18, 1982,
    p. 21934). Staff permitted on the floor under this clause are not
    permitted to pass out literature or otherwise attempt to influence
    Members in their votes (Aug. 1, 1990, p. 21519; Sept. 27, 1995, p.
    26567) and may not applaud during debate (June 14, 1995, p. 15896).

    Gallery
      6. (a) <> The Speaker shall set aside a portion of the west gallery for
    the use of the President, the members of the Cabinet, justices of the
    Supreme Court, foreign ministers and suites, and the members of their
    respective families. The Speaker shall set aside another portion of the
    same gallery for the accommodation of persons to be admitted on the
    cards of Members, Delegates, or the Resident Commissioner.
      (b) The Speaker shall set aside the southerly half of the east gallery
    for the use of the families of Members of Congress. The Speaker shall
    con

    [[Page [384]]]

    trol one bench. On the request of a Member, Delegate, Resident
    Commissioner, or Senator, the Speaker shall issue a card of admission to
    his family, which may include their visitors. No other person shall be
    admitted to this section.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former rule XXXIII (H. Res. 5, Jan. 6, 1999, p.
    ----). It was adopted initially in 1880 (V, 7302) and renumbered January
    3, 1953 (p. 24).
      On special occasions the House sometimes makes a special rule for
    admission to the galleries (V, 7303), as on the occasion of the
    electoral count (III, 1961), of an address by the President, and of
    public funerals.

    Prohibition on campaign contributions
      7. A <> Member, Delegate, Resident Commissioner, officer, or
    employee of the House, or any other person entitled to admission to the
    Hall of the House or rooms leading thereto by this rule, may not
    knowingly distribute a political campaign contribution in the Hall of
    the House or rooms leading thereto.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 5 of rule XXXIII (H. Res. 5, Jan.
    6, 1999, p. ----). It was adopted initially in the 105th Congress (H.
    Res. 5, Jan. 7, 1997, p. 121).

    [DOCID:hd284-95]
                                     Rule V

    [DOCID:hd284-96]
                             broadcasting the house

      1. <> The Speaker
    shall administer a system subject to his direction and control for
    closed-circuit viewing of floor proceedings of the House in the offices
    of all Members, Delegates, the Resident Commissioner, and committees and
    in such other places in the Cap

    [[Page [385]]]

    itol and the House Office Buildings as he considers appropriate. Such
    system may include other telecommunications functions as the Speaker
    considers appropriate. Any such telecommunications shall be subject to
    rules and regulations issued by the Speaker.
      2. (a) The Speaker shall administer a system subject to his direction
    and control for complete and unedited audio and visual broadcasting and
    recording of the proceedings of the House. The Speaker shall provide for
    the distribution of such broadcasts and recordings to news media, for
    the storage of audio and video recordings of the proceedings, and for
    the closed-captioning of the proceedings for hearing-impaired persons.
      (b) All television and radio broadcasting stations, networks,
    services, and systems (including cable systems) that are accredited to
    the House Radio and Television Correspondents' Galleries, and all radio
    and television correspondents who are so accredited, shall be provided
    access to the live coverage of the House.
      (c) Coverage made available under this clause, including any recording
    thereof--
          (1) may not be used for any political purpose;
          (2) may not be used in any commercial advertisement; and
          (3) may not be broadcast with commercial sponsorship except as
    part of a bona fide news program or public affairs documentary program.

    [[Page [386]]]

      3. The Speaker may delegate any of his responsibilities under this
    rule to such legislative entity as he considers appropriate.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 9 of rule I (H. Res. 5, Jan. 6,
    1999, p. ----). It was adopted initially in the 96th Congress (H. Res.
    5, Jan. 15, 1979, p. 7). The requirement that the televised broadcasts
    of the proceedings of the House be closed captioned for hearing-impaired
    individuals was added in the 101st Congress (H. Res. 5, Jan. 3, 1989, p.
    72). The authority of the Speaker to make rules governing
    telecommunications functions within the House was added in the 102d
    Congress (H. Res. 5, Jan. 3, 1991, p. 39).
      In the 95th Congress the House considered as a question of the
    privileges of the House and adopted a resolution directing the Committee
    on Rules to investigate the impact on the safety, dignity, and integrity
    of House proceedings, of a test authorized by the Speaker under his
    general control over the Hall of the House for the audiovisual broadcast
    of House proceedings within the Capitol and House Office Buildings (H.
    Res. 404, Mar. 15, 1977, p. 7608). The resolution directed the Committee
    on Rules to report to the House at the earliest practicable date its
    findings and recommendations, including whether such coverage should be
    made available to the public. The committee reported and the House
    adopted another resolution that: (1) authorized the Speaker to establish
    a closed-circuit system for in-House broadcasting of House proceedings;
    (2) directed the Committee on Rules to study methods for providing
    complete audio and visual broadcasting of House proceedings and to
    report to the House thereon; and (3) directed the Speaker after receipt
    of the committee's report to establish a system subject to his direction
    and control for audio and visual broadcast and recording of House
    proceedings and to provide for distribution and access to the news media
    (H. Res. 866, Oct. 27, 1977, pp. 35425-37). The Speaker, after receipt
    of that report (H. Rept. 95-881, Feb. 15, 1978), directed implementation
    of full audio coverage, with distribution to the media, on June 8, 1978
    (p. 16746). Public Law 95-391 (Legislative Branch Appropriations Act,
    1979) contained the following proviso in section 306 relating to the
    broadcasting of House proceedings: ``No funds in this bill may be used
    to implement a system for televising and broadcasting the proceedings of
    the House pursuant to House Resolution 866, Ninety-Fifth Congress, under
    which the TV cameras in the Chamber purchased by the House are
    controlled and operated by persons not in the employ of the House.''
      Pursuant to his authority under this rule, the Speaker directed the
    Clerk in the 98th Congress to immediately implement periodic wide-angle
    television coverage of all ``special-order'' speeches at the end of
    legislative business (with captions at the bottom of the screen
    indicating that legislative business has been completed) (May 10, 1984,
    p. 11894) but not during

    [[Page [387]]]

    ``interim'' special orders (Dec. 19, 1985, p. 38106). However, in the
    103d and 104th Congresses, the Speaker prohibited wide-angle coverage
    but continued the caption at the bottom of the screen not only during
    special-order speeches but also during morning-hour debates (Speaker
    Foley, Feb. 11, 1994, p. 2244; Speaker Gingrich, Jan. 4, 1995, p. 551).
    In the 99th Congress, the House adopted a resolution, raised as a
    question of the privileges of the House, authorizing and directing the
    Speaker to provide for the audio and visual broadcast coverage of the
    Chamber while Members are voting (H. Res. 150, Apr. 30, 1985, p. 9821).
    Although paragraph (a) requires complete and unedited broadcast coverage
    of House proceedings, the House held (by tabling an appeal of a ruling
    of the Chair) that it does not require in-House microphone amplification
    of disorderly conduct by a Member following expiration of his
    recognition for debate (Mar. 16, 1988, p. 4081).

    [DOCID:hd284-97]
                                     Rule VI

    [DOCID:hd284-98]
                   official reporters and news media galleries

    Official reporters
      1. <> Subject to the direction and control of the Speaker,
    the Clerk shall appoint, and may remove for cause, the official
    reporters of the House, including stenographers of committees, and shall
    supervise the execution of their duties.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 1 of rule XXXIV (H. Res. 5, Jan. 6,
    1999, p. ----). From 1874 until March 1, 1978, the appointment and
    removal of the official reporters, and the manner of the execution of
    their duties, was vested in the Speaker (V, 6958); effective March 1,
    1978 (H. Res. 959, Jan. 23, 1978, p. 431) those responsibilities were
    vested in the Clerk, subject to the direction and control of the
    Speaker.
      The reporters of debates have borne an important part in the evolution
    by which the House has built up the system of a daily verbatim report of
    its proceedings, made by its own corps of reporters (V, 6959). Since
    these reporters have become officers of the House a correction of the
    Congressional Record has been held a question of privilege (V, 7014-
    7016).
      The <> arrangement, style, etc., of the Congressional Record is
    prescribed by the Joint Committee on Printing pursuant to 44 U.S.C. 901,
    904 (see also VIII, 3500). The rules of the Joint Committee on Printing
    governing publication of the Congressional Record are as follows:

    [[Page [388]]]

      1. Arrangement of the daily Congressional Record.--The Public Printer
    shall arrange the contents of the daily Congressional Record as follows:
    The Senate proceedings shall alternate with the House proceedings in
    order of placement in consecutive issues insofar as such an arrangement
    is feasible, and Extensions of Remarks and Daily Digest shall follow:
    Provided, That the makeup of the Congressional Record shall proceed
    without regard to alternation whenever the Public Printer deems it
    necessary in order to meet production and delivery schedules.
      2. Type and style.--The Public Printer shall print the report of the
    proceedings and debates of the Senate and House of Representatives, as
    furnished by the official reporters of the Congressional Record, in 8-
    point type; and all matter included in the remarks or speeches of
    Members of Congress, other than their own words, and all reports,
    documents, and other matter authorized to be inserted in the
    Congressional Record shall be printed in 7-point type; and all roll
    calls shall be printed in 6-point type. No italic or black type nor
    words in capitals or small capitals shall be used for emphasis or
    prominence; nor will unusual indentions be permitted. These restrictions
    do not apply to the printing of or quotations from historical, official,
    or legal documents or papers of which a literal reproduction is
    necessary.
      3. Only as an aid in distinguishing the manner of delivery in order to
    contribute to the historical accuracy of the Record, statements or
    insertions in the Record where no part of them was spoken will be
    preceded and followed by a ``bullet'' symbol, i.e.,  (now
    applicable only in Senate).
      4. Return of manuscript.--When manuscript is submitted to Members for
    revision it should be returned to the Government Printing Office not
    later than 9 o'clock p.m. in order to insure publication in the
    Congressional Record issued on the following morning; and if all of the
    manuscript is not furnished at the time specified, the Public Printer is
    authorized to withhold it from the Congressional Record for 1 day. In no
    case will a speech be printed in the Congressional Record of the day of
    its delivery if the manuscript is furnished later than 12 o'clock
    midnight.
      5. Tabular matter.--The manuscript of speeches containing tabular
    statements to be published in the Congressional Record shall be in the
    hands of the Public Printer not later than 7 o'clock p.m. to insure
    publication the following morning. When possible, manuscript copy for
    tabular matter should be sent to the Government Printing Office 2 or
    more days in advance of the date of publication in the Congressional
    Record. Proof will be furnished promptly to the Member of Congress to be
    submitted by him instead of manuscript copy when he offers it for
    publication in the Congressional Record.
      6. Proof furnished.--Proofs or ``leave to print'' and advance speeches
    will not be furnished the day the manuscript is received but will be
    submitted the following day, whenever possible to do so without causing
    delay in the publication of the regular proceedings of Congress. Advance
    speeches

    [[Page [389]]]

    shall be set in the Congressional Record style of type, and not more
    than six sets of proofs may be furnished to Members without charge.
      7. Notation of withheld remarks.--If manuscript or proofs have not
    been returned in time for publication in the proceedings, the Public
    Printer will insert the words ``Mr. ---- addressed the Senate (House or
    Committee). His remarks will appear hereafter in Extensions of Remarks''
    and proceed with the printing of the Congressional Record.
      8. Thirty-day limit.--The Public Printer shall not publish in the
    Congressional Record any speech or extension of remarks which has been
    withheld for a period exceeding 30 calendar days from the date when its
    printing was authorized: Provided, That at the expiration of each
    session of Congress the time limit herein fixed shall be 10 days, unless
    otherwise ordered by the committee.
      9. Corrections.--The permanent Congressional Record is made up for
    printing and binding 30 days after each daily publication is issued;
    therefore all corrections must be sent to the Public Printer within that
    time: Provided, That upon the final adjournment of each session of
    Congress the time limit shall be 10 days, unless otherwise ordered by
    the committee: Provided further, That no Member of Congress shall be
    entitled to make more than one revision. Any revision shall consist only
    of corrections of the original copy and shall not include deletions of
    correct material, substitutions for correct material, or additions of
    new subject matter.
      10. The Public Printer shall not publish in the Congressional Record
    the full report or print of any committee or subcommittee when the
    report or print has been previously printed. This rule shall not be
    construed to apply to conference reports. However, inasmuch as rule XXII
    (Sec. 1082, infra) provides that conference reports be printed in the
    daily edition of the Congressional Record, they shall not be printed
    therein a second time.
      11. Makeup of the Extensions of Remarks.--Extensions of Remarks in the
    Congressional Record shall be made up by successively taking first an
    extension from the copy submitted by the official reporters of one House
    and then an extension from the copy of the other House, so that Senate
    and House extensions appear alternately as far as possible. The sequence
    for each House shall follow as closely as possible the order or
    arrangement in which the copy comes from the official reporters of the
    respective Houses.
      The official reporters of each House shall designate and distinctly
    mark the lead item among their extensions. When both Houses are in
    session and submit extensions, the lead item shall be changed from one
    House to the other in alternate issues, with the indicated lead item of
    the other House appearing in second place. When only one House is in
    session, the lead item shall be an extension submitted by a Member of
    the House in session. This rule shall not apply to Congressional Records
    printed after the sine die adjournment of the Congress.
      12. Official reporters.--The official reporters of each House shall
    indicate on the manuscript and prepare headings for all matter to be
    printed in

    [[Page [390]]]

    Extensions of Remarks and shall make suitable reference thereto at the
    proper place in the proceedings.
      13. Two-page rule--Cost estimate from Public Printer.--(1) No
    extraneous matter in excess of two printed Record pages, whether printed
    in its entirety in one daily issue or in two or more parts in one or
    more issues, shall be printed in the Congressional Record unless the
    Member announces, coincident with the request for leave to print or
    extend, the estimate in writing from the Public Printer of the probable
    cost of publishing the same. (2) No extraneous matter shall be printed
    in the House proceedings or the Senate proceedings, with the following
    exceptions: (a) Excerpts from letters, telegrams, or articles presented
    in connection with a speech delivered in the course of debate; (b)
    communications from State legislatures; (c) addresses or articles by the
    President and the Members of his Cabinet, the Vice President, or a
    Member of Congress. (3) The official reporters of the House or Senate or
    the Public Printer shall return to the Member of the respective House
    any matter submitted for the Congressional Record which is in
    contravention of these provisions.

          house supplement to ``laws and rules for publication of the
                congressional record''--effective august 12, 1986

      1. Extensions of Remarks in the daily Congressional Record.--When the
    House has granted leave to print (1) a newspaper or magazine article, or
    (2) any other matter not germane to the proceedings, it shall be
    published under Extensions of Remarks. This rule shall not apply to
    quotations which form part of a speech of a Member, or to an authorized
    extension of his own remarks: Provided, That no address, speech, or
    article delivered or released subsequently to the sine die adjournment
    of a session of Congress may be printed in the Congressional Record.
    One-minute speeches delivered during the morning business of Congress
    shall not exceed 300 words. Statements exceeding this will be printed
    following the business of the day.
      2. Any extraneous matter included in any statement by a Member, either
    under the 1-minute rule or permission granted to extend at this point,
    will be printed in the ``Extensions of Remarks'' section, and that such
    material will be duly noted in the Member's statement as appearing
    therein.
      3. Under the general leave request by the floor manager of specific
    legislation only matter pertaining to such legislation will be included
    as per the request. This, of course, will include tables and charts
    pertinent to the same, but not newspaper clippings and editorials.
      4. In the makeup of the portion of the Record entitled ``Extensions of
    Remarks,'' the Public Printer shall withhold any Extensions of Remarks
    which exceed economical press fill or exceed production limitations.
    Extensions withheld for such reasons will be printed in succeeding
    issues, at the direction of the Public Printer, so that more uniform
    daily issues may be the end result and, in this way, when both Houses
    have a short session

    [[Page [391]]]

    the makeup would be in a sense made easier so as to comply with daily
    proceedings, which might run extremely heavy at times.
      5. The request for a Member to extend his or her remarks in the body
    of the Record must be granted to the individual whose remarks are to be
    inserted.
      6. All statements for ``Extensions of Remarks,'' as well as copy for
    the body of the Congressional Record must be submitted on the Floor of
    the House to the Official Reporters of Debates and must carry the actual
    signature of the Member. Extensions of Remarks will be accepted up to 15
    minutes after adjournment of the House. To insure printing in that day's
    proceedings, debate transcripts still out for revision must be returned
    to the Office of Official Reporters of Debates, Room HT-60, the Capitol,
    (1) by 5 p.m., or 2 hours following adjournment, whichever occurs later;
    or (2) within 30 minutes following adjournment when the House adjourns
    at 11 p.m., or later.
      7. Pursuant to clause 8 of rule XVII of the Rules of the House, the
    Congressional Record shall be a substantially verbatim account of
    remarks made during the proceedings of the House, subject only to
    technical, grammatical, and typographical corrections authorized by the
    Member making the remarks involved. Unparliamentary remarks may be
    deleted only by permission or order of the House. Consistent with rule 9
    of the Joint Committee on Printing Rules, any revision shall consist
    only of technical, grammatical, or typographical corrections of the
    original copy and shall not include deletions of correct material,
    substitutions for correct material, or additions of new subject matter.
    By obtaining unanimous consent to revise and extend, a Member will be
    able to relax the otherwise strict prohibition contained in clause 8 of
    rule XVII only in two respects: (1) to revise by technical, grammatical,
    and typographical corrections; and (2) to extend remarks in a
    distinctive type style to follow the remarks actually uttered. In no
    event would the actually uttered remarks be removable.

      The requirement <> of
    rule 7 of the supplemental rules outlined above that the Congressional
    Record be a substantially verbatim account of remarks actually rendered
    was included as former clause 9 of rule XIV in the 104th Congress
    (current clause 8(a) of rule XVII), with the prescription that that rule
    constitute a standard of conduct under former clause 4(e)(1)(B) of rule
    X (current clause 3(a)(2) of rule XI) (sec. 213, H. Res. 6, Jan. 4,
    1995, p. 468). Clause 8(a) of rule XVII also applies to statements and
    rulings of the Chair (Jan. 20, 1995, p. 1866). Under that clause remarks
    actually delivered may not be deleted and remarks inserted must appear
    in distinctive type (Jan. 4, 1995, p. 541). Remarks held irrelevant by
    the Chair may be removed from the Record by unanimous consent only (Mar.
    20, 2002 p. ----). The Speaker has instructed the Official Reporters of
    Debates to adhere strictly to the requirement of rule 7 of the
    supplemental rules (Mar. 2, 1988, p. 2963; Feb. 3, 1993, p. 1980).

    [[Page [392]]]

      The Chair announced the Record-printing policy regarding remarks in
    debate uttered in languages other than English, to deny transcription in
    the foreign language (unless a transcript is provided in a language that
    the Government Printing Office can print) and to require Members to
    submit translations for distinctive printing in the Record in English as
    a revision of remarks (Mar. 4, 1998, p. ----; Feb. 25, 2003, p. ----).
    Because the Record is maintained as a substantially verbatim account of
    the proceedings of the House (44 U.S.C. 901), the Speaker will not
    entertain a unanimous-consent request to give a special-order speech
    ``off the Record'' (June 24, 1992, p. 16131).
      The Record is for the proceedings of the House and Senate only, and
    matters not connected therewith are rigidly excluded (V, 6962). It is
    not, however, the official record, that function being fulfilled by the
    Journal (IV, 2727). As a general principle the Speaker has no control
    over the Record (V, 6984, 7017), but words spoken by a Member after he
    has been called to order may be excluded by direction of the Speaker (V,
    6975-6978; VIII, 3466, 3471; July 29, 1994, p. 18609). However, the
    House, and not the Speaker, determines what liberty shall be allowed to
    a Member who has leave to extend his remarks (V, 6997-7000; VIII, 3475),
    whether or not a copyrighted article shall be printed therein (V, 6985),
    as to an alleged abuse of the leave to print (V, 7012; VIII, 3474), or
    as to a proposed amendment (V, 6983).
      As a general <> rule the Committee of the Whole has no
    control over the Congressional Record (V, 6986); but the Chairman in the
    preservation of order, may direct the exclusion of disorderly words
    spoken by a Member after he has been called to order (V, 6987). In a
    case wherein the Committee conceived that a letter read in Committee
    involved a breach of privilege, it reported the matter to the House for
    action, and the House struck the letter from the Record (V, 6986). The
    Chairman of the Committee of the Whole does not determine the privileges
    of a Member under a general leave to print in the Record, that being for
    the House alone (V, 6988). Neither may the Committee of the Whole grant
    a general leave to print, although for convenience it does permit
    individual Members to extend their remarks (V, 7009, 7010; VIII, 3488-
    3490; Aug. 31, 1965, p. 22385), nor may the Committee of the Whole
    permit the inclusion of extraneous material (Jan. 23, 1936, p. 950; Feb.
    1, 1937, p. 656; Sept. 19, 1967, p. 26032).
      While the <> House controls the Congressional Record, the Speaker with the
    assent of the House laid down the principle that words spoken by a
    Member in order might not be changed by the House, as this would be
    determining what a Member should utter on the floor (V, 6974; VI, 583;
    VIII, 3469, 3498). Neither should one House strike out matter placed in
    the Record by permission of the other House (V, 6966). But the House may
    correct the speech of one of its Members so that it may record
    faithfully

    [[Page [393]]]

    what he actually said (V, 6972). Where a Member interrupts another
    during debate without being yielded or otherwise recognized (as on a
    point of order) his remarks are not printed in the Record (Speaker
    O'Neill, Feb. 7, 1985, p. 2229). Where a Member had uttered disorderly
    words on the floor without objection, the House yet decided that it was
    not precluded from action when the words, after being withheld for
    revision, appeared in the Record, and struck them out (V, 6979, 6981;
    VI, 582; VIII, 2538, 3463, 3472).
      The House has also ordered stricken from the Record printed speeches
    condemned as unparliamentary for reflections on Members, committees of
    the House, the House itself (V, 7017), and the Senate (V, 5129). In the
    101st Congress a resolution presented as a question of privilege was
    adopted which directed the Committee on House Administration to report
    with respect to certain unauthorized deletions from the Record. A task
    force of that committee recommended that deletion of unparliamentary
    remarks be permitted only by consent of the House and not by the Member
    uttering the words under authority to revise and extend (Oct. 27, 1990,
    p. 37124). That recommendation has been incorporated into the Rules of
    the House (clause 8(b) of rule XVII). Through the 103d Congress, under
    applicable precedents and guidelines, the Chair could refine a ruling on
    a point of order in the Record in order to clarify the ruling without
    changing its substance, including one sustained by the House on appeal
    (Feb. 19, 1992, p. 2461; see H. Res. 230, 99th Cong., July 31, 1985, p.
    21783, and H. Rept. 99-228). In accordance with existing accepted
    practices, the Speaker customarily made such technical or parliamentary
    corrections or insertions in the transcript of a ruling or statement by
    the Chair as may have been necessary to conform to rule, custom, or
    precedent (see also H. Res. 330, 101st Cong., Feb. 7, 1990, p. 1515, and
    report of House Administration task force on Record inserted by Speaker
    Foley, Oct. 27, 1990, p. 37124). However, in the 104th Congress the
    Speaker ruled that the requirement of clause 8 of rule XVII (former
    clause 9 of rule XIV) that the Record be a substantially verbatim
    account of remarks made during House proceedings extended to statements
    and rulings of the Chair (Jan. 20, 1995, p. 1866).
      It is improper for a Member to have published in the Record the
    individual votes of Members on a question of which the yeas and nays
    have not been entered on the Journal (V, 6982). A correction of the
    Record which involves a motion and a vote is recorded in the Journal
    (IV, 2877). Propositions to make corrections are sometimes considered by
    the Committee on House Administration. In debating a resolution to
    strike from the Record disorderly language a Member may not read the
    language (V, 7004); but it was held that as part of a personal
    explanation relating to matter excluded as out of order a Member might
    read the matter, subject to a point of order if the reading should
    develop anything in violation of the rules of debate (V, 5079). It has
    also been held that a Member may not, in a controversy over a proposed
    correction of the Record as to a matter of

    [[Page [394]]]

    business, demand as a matter of right the reading of the reporter's
    notes (V, 6967; VIII, 3460). The Speaker declines to entertain
    unanimous-consent requests to correct the Record on a vote taken by
    electronic device, based upon the presumed accuracy of the electronic
    system and the ability and responsibility of each Member to verify his
    vote (Feb. 6, 1973, p. 3558; Apr. 18, 1973, p. 13081; Dec. 3, 1974, p.
    37897).
      A motion or <> resolution for the correction of the
    Congressional Record which involves a question of privilege may be made
    properly after the reading and approval of the Journal (V, 7013; VIII,
    3496), and is not in order pending the approval of the Journal (V,
    6989), but is privileged after that (V, 7014-7019; VIII, 3461, 3463).
      A question of privilege as to an alleged error in the Record may not
    be raised until the Record has appeared (V, 7020), and a resolution to
    omit from the manuscript copy certain remarks declared out of order is
    not privileged (V, 7021). Unparliamentary words having been stricken
    from the Record by order of the House, a question of privilege may not
    arise therefrom (V, 7023; VI, 596). Privileged motions to correct the
    Congressional Record involve cases where the integrity of House
    proceedings is in question, such as where unparliamentary words have
    been spoken in debate (see Sec. 961, infra) or inserted in the Record
    (Deschler, ch. 5, Sec. 17), where the remarks of one Member have been
    attributed to another (sec. 18.1, 18.2), or where a Member has
    improperly altered his remarks during an exchange of colloquy with
    another Member (sec. 18.9). Mere typographical errors in the
    Congressional Record or ordinary revisions of a Member's remarks do not
    give rise to privileged motions for the correction of the Record (Apr.
    25, 1985, p. 9419), since such changes for the permanent edition of the
    Record may be made without the permission of the House (Deschler, ch. 5,
    Sec. 19) and the House does not change the Record merely to show what a
    Member should have said during debate (sec. 18).
      A motion to correct the Record has been entertained to allow a Member
    to print in subsequent edition of the daily Record the correct text of
    an amendment which he had offered on a previous day and which had been
    substantially misprinted in the daily Record for the day on which it was
    offered (Deschler, ch. 5, Sec. 18.6).
      The traditional <> practice to allow a Member, with
    the approval of the House and under conditions set forth by the Joint
    Committee on Printing, to revise his remarks before publication in the
    Congressional Record (V, 6971, 7024; VIII, 3500) should be interpreted
    in light of clause 8 of rule XVII and rule 7 of the supplemental rules
    of the Joint Committee on Printing, which require the Record to be a
    substantially verbatim account of remarks made during House proceedings
    (see Sec. 686, supra, and Sec. Sec. 967, 968, infra). In any event, a
    Member should not change the notes of his own speech in such a way as to
    affect the remarks of an opponent in controversy without bringing the
    correction to the attention

    [[Page [395]]]

    of that Member (V, 6972; VIII, 3461), and alterations which place a
    different aspect on the remarks of a colleague require authorization by
    the House (VIII, 3463, 3497). Where a Member so revised his remarks as
    to affect the import of words uttered by another Member, the House
    corrected the Record (V, 6973). A Member is not entitled to inspect the
    reporter's notes of remarks which do not contain reflections on himself,
    delivered by another Member and withheld for revision (V, 6964).
      The practice <> of inserting in the Congressional Record speeches not actually
    delivered on the floor has developed by consent of the House as the
    membership has increased and it has become difficult at times for every
    Member to express at length on the floor his reasons for his attitude on
    public questions (V, 6990-6996, 6998-7000). The House, in granting such
    leave to print, does not permit it to be exercised without unreasonable
    freedom (V, 7002, 7003). For example: (1) a Member with permission to
    insert one matter may not insert another (V, 7001; VIII, 3462, 3479,
    3480); (2) a Member may not insert statements and letters of others
    unless the leave granted specifies such matter as extraneous (VIII,
    3475, 3481), whether the extension be under general leave for all
    Members or individually; (3) a Member may not insert that which would
    not have been in order if uttered on the floor, and the House may
    exclude such insertion in whole or in part (V, 7004-7008; VIII, 3495;
    Oct. 2, 1992, p. 30709; Sept. 27, 1996, p. 25633). The principle that a
    Member shall not be called to order for words spoken in debate if
    business has intervened does not apply to a case where leave to print
    has been violated (V, 7005). Neither the House nor the Committee of the
    Whole permit the insertion of an entire colloquy between two or more
    Members not actually delivered (Aug. 10, 1982, pp. 20266, 20267; Oct. 3,
    1985, p. 26028; Dec. 15, 1995, p. 37133).
      General leave to print may be granted only by the House, although in
    the Committee of the Whole a Member, by unanimous consent, may be given
    leave to extend his remarks (V, 7009, 7010; VIII, 3488-3490). In the
    Committee of the Whole leave for an extension of remarks should not be
    granted except in connection with remarks actually delivered and
    relevant to the bill; and the extension under such circumstances should
    be brief (Speaker Longworth, Mar. 18, 1926, p. 5854).
      Where a Member abused a leave to print on the last day of the session,
    the House at the next session condemned the abuse and declared the
    matter not a legitimate part of the official debates (V, 7017). An abuse
    of the leave to print gives rise to a question of privilege (V, 7005-
    7008, 7011; VIII, 3163, 3491, 3495), and a resolution or motion to
    expunge from the Record in such a case is offered as a question of
    privilege (V, 7012; VIII, 3475, 3491). An inquiry by the House as to an
    alleged abuse of the leave to print does not necessarily entitle the
    Member implicated to the floor on a question of privilege (V, 7012).
    Clause 8 of rule XVII (former clause 9 of rule XIV) requires substantive
    remarks inserted under leave to revise

    [[Page [396]]]

    and extend to be printed in distinctive type and precludes deletion
    under such permission of words actually uttered (Jan. 4, 1995, p. 541).
      A motion that a Member be permitted to extend his remarks in the
    Record is not privileged (Feb. 8, 1950, p. 1661), and under the rules of
    the Joint Committee on Printing, one Member cannot obtain permission for
    other individual Members to extend their remarks (rule 5 of House
    Supplement, Sec. 686, supra).
      Where extraneous material proposed to be inserted in the body or in
    the Extension of Remarks portion of the Record exceeds two Record pages,
    the rules of the Joint Committee on Printing require that the Member
    state an estimate of printing cost when permission is requested to make
    the insertion (Feb. 12, 1962, p. 2207; May 24, 1972, p. 18653). It is
    the Member's responsibility and not that of the Chair to ascertain the
    cost of printing extraneous material and obtaining consent of the House
    when necessary (Feb. 11, 1994, p. 2245). As indicated in supplemental
    rule 3 of the Laws and Rules for Publication of the Congressional
    Record, the general leave request of the floor manager permits matter
    pertaining to specific legislation, including tables and charts but not
    newspaper clippings and editorials. The Clerk normally does not require
    a cost estimate for charts and tables admitted under general leave that
    exceed two Record pages. The Joint Committee on Printing amended the
    rules for publication of the Record, effective March 1, 1978, to require
    the identification in the Record by ``bullet'' symbols of statements or
    insertions no part of which were actually delivered in debate (Feb. 20,
    1978, p. 3676). Where the House permitted all Members leave to revise
    and extend their remarks on a certain subject, those Members who
    actually spoke during the debate could revise their remarks to appear as
    if actually delivered, but Members' statements no part of which were
    spoken were preceded and followed by a ``bullet'' symbol (Nov. 15, 1983,
    p. 32729). Then in the 99th Congress, the House adopted a resolution
    requesting the Joint Committee on Printing to adopt temporary rules to
    require distinctive type styles rather than bulleting of remarks not
    actually spoken in debate (H. Res. 230, July 31, 1985, p. 21783), and
    also adopted a resolution requesting that those rules be made permanent
    (H. Res. 514, Aug. 12, 1986, p. 20980). Under regulations of the Joint
    Committee on Printing, remarks delivered or inserted under leave to
    revise and extend in connection with a ``one-minute speech'' made before
    legislative business are printed after legislative business if exceeding
    300 words (Speaker O'Neill, Apr. 5, 1978, p. 8846). See Sec. 686, supra.
      Based upon several unauthorized insertions of extensions of remarks in
    the Record, the Speaker announced that henceforth all extensions of
    remarks must be signed by the Member submitting them (Aug. 15, 1974, p.
    28385). The House by unanimous consent may grant permission for all
    Members to extend their remarks and to include extraneous material
    within the established limits in that section of the Congressional
    Record entitled ``Extensions of Remarks'' for a session of Congress
    (Jan. 6, 1999,

    [[Page [397]]]

    p. ----; Jan. 27, 2000, p. ----; Jan. 3, 2001, p. ----; Jan. 23, 2002,
    p. ----; Jan. 7, 2003, p. ----).

    News media galleries
      2. <> A portion of the gallery over the Speaker's chair as may be
    necessary to accommodate representatives of the press wishing to report
    debates and proceedings shall be set aside for their use. Reputable
    reporters and correspondents shall be admitted thereto under such
    regulations as the Speaker may prescribe from time to time. The Standing
    Committee of Correspondents for the Press Gallery, and the Executive
    Committee of Correspondents for the Periodical Press Gallery, shall
    supervise such galleries, including the designation of its employees,
    subject to the direction and control of the Speaker. The Speaker may
    assign one seat on the floor to Associated Press reporters and one to
    United Press International reporters, and may regulate their occupation.
    The Speaker may admit to the floor, under such regulations as he may
    prescribe, one additional representative of each press association.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 2 of rule XXXIV. When it was
    transferred to this clause, it also was amended to reflect the existing
    practice of including the Periodical Press Gallery under the ambit of
    the rule (H. Res. 5, Jan. 6, 1999, p. ----). This provision was first
    adopted in 1857 and has been amended from time to time (V, 7304; VIII,
    3642; Jan. 3, 1953, p. 24; Jan. 22, 1971, p. 144). See also Consumers
    Union v. Periodical Correspondents' Association, 1515 F.2d 1341 (D.C.
    Cir. 1975), cert. den. 423 U.S. 1051 (1976) (action in enforcing
    correspondents' association regulations is within legislative immunity
    granted by the Speech or Debate Clause).

    [[Page [398]]]

      3. <> A portion of the gallery as may be necessary to accommodate
    reporters of news to be disseminated by radio, television, and similar
    means of transmission, wishing to report debates and proceedings, shall
    be set aside for their use. Reputable reporters and correspondents shall
    be admitted thereto under such regulations as the Speaker may prescribe.
    The Executive Committee of the Radio and Television Correspondents'
    Galleries shall supervise such gallery, including the designation of its
    employees, subject to the direction and control of the Speaker. The
    Speaker may admit to the floor, under such regulations as he may
    prescribe, one representative of the National Broadcasting Company, one
    of the Columbia Broadcasting System, and one of the American
    Broadcasting Company.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 3 of rule XXXIV (H. Res. 5, Jan. 6,
    1999, p. ----). It was adopted initially on April 20, 1939 (p. 4561),
    and was amended on May 30, 1940 (p. 7208) and on January 22, 1971 (p.
    144).

    [DOCID:hd284-99]
                                    Rule VII

    [DOCID:hd284-100]
                              records of the house

    Archiving
      1. (a) <> At the end of each Congress, the chairman of
    each committee shall transfer to the Clerk any noncurrent records of
    such committee, including the subcommittees thereof.
      (b) At the end of each Congress, each officer of the House elected
    under rule II shall transfer to

    [[Page [399]]]

    the Clerk any noncurrent records made or acquired in the course of the
    duties of such officer.
      2. The Clerk shall deliver the records transferred under clause 1,
    together with any other noncurrent records of the House, to the
    Archivist of the United States for preservation at the National Archives
    and Records Administration. Records so delivered are the permanent
    property of the House and remain subject to this rule and any order of
    the House.
    Public availability
      3. (a) The Clerk shall authorize the Archivist to make records
    delivered under clause 2 available for public use, subject to clause
    4(b) and any order of the House.
      (b)(1) A record shall immediately be made available if it was
    previously made available for public use by the House or a committee or
    a subcommittee.
      (2) An investigative record that contains personal data relating to a
    specific living person (the disclosure of which would be an unwarranted
    invasion of personal privacy), an administrative record relating to
    personnel, or a record relating to a hearing that was closed under
    clause 2(g)(2) of rule XI shall be made available if it has been in
    existence for 50 years.
      (3) A record for which a time, schedule, or condition for availability
    is specified by order of the House shall be made available in accordance
    with that order. Except as otherwise provided by order of the House, a
    record of a committee for

    [[Page [400]]]

    which a time, schedule, or condition for availability is specified by
    order of the committee (entered during the Congress in which the record
    is made or acquired by the committee) shall be made available in
    accordance with the order of the committee.
      (4) A record (other than a record referred to in subparagraph (1),
    (2), or (3)) shall be made available if it has been in existence for 30
    years.
      4. (a) A record may not be made available for public use under clause
    3 if the Clerk determines that such availability would be detrimental to
    the public interest or inconsistent with the rights and privileges of
    the House. The Clerk shall notify in writing the chairman and ranking
    minority member of the Committee on House Administration of any such
    determination.
      (b) A determination of the Clerk under paragraph (a) is subject to
    later orders of the House and, in the case of a record of a committee,
    later orders of the committee.
      5. (a) This rule does not supersede rule VIII or clause 11 of rule X
    and does not authorize the public disclosure of any record if such
    disclosure is prohibited by law or executive order of the President.
      (b) The Committee on House Administration may prescribe guidelines and
    regulations governing the applicability and implementation of this rule.
      (c) A committee may withdraw from the National Archives and Records
    Administration any

    [[Page [401]]]

    record of the committee delivered to the Archivist under this rule. Such
    a withdrawal shall be on a temporary basis and for official use of the
    committee.
    Definition of record
      6. In this rule the term ``record'' means any official, permanent
    record of the House (other than a record of an individual Member,
    Delegate, or Resident Commissioner), including--
          (a) with respect to a committee, an official, permanent record of
    the committee (including any record of a legislative, oversight, or
    other activity of such committee or a subcommittee thereof); and
          (b) with respect to an officer of the House elected under rule II,
    an official, permanent record made or acquired in the course of the
    duties of such officer.

      Before the House recodified its rules in the 106th Congress, clauses 1
    through 6 were found in former rule XXXVI (H. Res. 5, Jan. 6, 1999, p.
    ----). That rule was adopted initially in 1880 (V, 7260). Clause 2
    (which derived from section 140(a) of the Legislative Reorganization Act
    of 1946 (60 Stat. 812)) was added in the 83d Congress when the rule was
    also renumbered (H. Res. 5, Jan. 3, 1953, p. 24). It was amended on
    January 22, 1971 (p. 144). It was again amended in the 99th Congress to
    change the reference from the General Services Administration to the
    National Archives and Records Administration (H. Res. 114, Oct. 14,
    1986, p. 30821). The rule was rewritten entirely in the 101st Congress
    (H. Res. 5, Jan. 3, 1989, p. 73) to incorporate the provisions of H.
    Res. 419 as reported from the Committee on Rules in the 100th Congress
    (H. Rept. 100-1054). Clerical corrections were effected to reflect
    changes in the name of the Committee on House Administration in the
    104th and 106th Congresses (sec. 202(b), H. Res. 6, Jan. 4, 1995, p.
    467; H. Res. 5, Jan. 6, 1999, p. ----). Clerical corrections were
    effected in the 107th Congress to correct cross references (sec. 2(x),
    H. Res. 5, Jan. 3, 2001, p. ----).
      The Clerk has historically been authorized to permit the Administrator
    of General Services (now Archivist) to make available for use certain
    records of the House transferred to the National Archives (H. Res. 288,

    [[Page [402]]]

    June 16, 1953, p. 6641). Under this rule, an order of the House is
    required for the release of noncurrent records of the House (Mar. 22,
    1991, p. 7549).

    Withdrawal of papers
      7. <> A
    memorial or other paper presented to the House may not be withdrawn from
    its files without its leave. If withdrawn certified copies thereof shall
    be left in the Office of the Clerk. When an act passes for the
    settlement of a claim, the Clerk may transmit to the officer charged
    with the settlement thereof the papers on file in his office relating to
    such claim. The Clerk may lend temporarily to an officer or bureau of
    the executive departments any papers on file in his office relating to
    any matter pending before such officer or bureau, taking proper receipt
    therefor.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former rule XXXVII (H. Res. 5, Jan. 6, 1999, p.
    ----). It was adopted initially in 1873 and amended in 1880 (V, 7256).
    It was renumbered January 3, 1953 (p. 24).
      The House usually allows the withdrawal of papers only in cases where
    there has been no adverse report. As the rules for the order of business
    give no place to the motion to withdraw, it is made by unanimous consent
    (V, 7259). The House formerly adopted a privileged resolution at the
    beginning of each Congress authorizing the Clerk to furnish certified
    copies of certain types of House papers subpoenaed by courts upon
    determination of relevancy by the court, but not permitting production
    of executive session papers or transfer of original papers (Jan. 3,
    1973, p. 30).
      See rule VIII, infra for current procedure for response to subpoenas
    for papers of the House.

    [DOCID:hd284-101]
                                    Rule VIII

    [DOCID:hd284-102]
                              response to subpoenas

      1. <> When a Member, Delegate,
    Resident Commissioner, officer, or employee of the House is properly
    served with a

    [[Page [403]]]

    judicial or administrative subpoena or judicial order directing
    appearance as a witness relating to the official functions of the House
    or for the production or disclosure of any document relating to the
    official functions of the House, such Member, Delegate, Resident
    Commissioner, officer, or employee shall comply, consistently with the
    privileges and rights of the House, with the judicial or administrative
    subpoena or judicial order as hereinafter provided, unless otherwise
    determined under this rule.
      2. Upon receipt of a properly served judicial or administrative
    subpoena or judicial order described in clause 1, a Member, Delegate,
    Resident Commissioner, officer, or employee of the House shall promptly
    notify the Speaker of its receipt in writing. Such notification shall
    promptly be laid before the House by the Speaker. During a period of
    recess or adjournment of longer than three days, notification to the
    House is not required until the reconvening of the House, when the
    notification shall promptly be laid before the House by the Speaker.
      3. Once notification has been laid before the House, the Member,
    Delegate, Resident Commissioner, officer, or employee of the House shall
    determine whether the issuance of the judicial or administrative
    subpoena or judicial order described in clause 1 is a proper exercise of
    jurisdiction by the court, is material and relevant, and is consistent
    with the privileges and rights of the House. Such Member, Delegate,
    Resident Commissioner, officer, or employee shall notify

    [[Page [404]]]

    the Speaker before seeking judicial determination of these matters.
      4. Upon determination whether a judicial or administrative subpoena or
    judicial order described in clause 1 is a proper exercise of
    jurisdiction by the court, is material and relevant, and is consistent
    with the privileges and rights of the House, the Member, Delegate,
    Resident Commissioner, officer, or employee of the House shall
    immediately notify the Speaker of the determination in writing.
      5. The Speaker shall inform the House of a determination whether a
    judicial or administrative subpoena or judicial order described in
    clause 1 is a proper exercise of jurisdiction by the court, is material
    and relevant, and is consistent with the privileges and rights of the
    House. In so informing the House, the Speaker shall generally describe
    the records or information sought. During a period of recess or
    adjournment of longer than three days, such notification is not required
    until the reconvening of the House, when the notification shall promptly
    be laid before the House by the Speaker.
      6. (a) Except as specified in paragraph (b) or otherwise ordered by
    the House, upon notification to the House that a judicial or
    administrative subpoena or judicial order described in clause 1 is a
    proper exercise of jurisdiction by the court, is material and relevant,
    and is consistent with the privileges and rights of the House, the
    Member, Delegate, Resident Commissioner, officer, or employee of the
    House shall

    [[Page [405]]]

    comply with the judicial or administrative subpoena or judicial order by
    supplying certified copies.
      (b) Under no circumstances may minutes or transcripts of executive
    sessions, or evidence of witnesses in respect thereto, be disclosed or
    copied. During a period of recess or adjournment of longer than three
    days, the Speaker may authorize compliance or take such other action as
    he considers appropriate under the circumstances. Upon the reconvening
    of the House, all matters that transpired under this clause shall
    promptly be laid before the House by the Speaker.
      7. A copy of this rule shall be transmitted by the Clerk to the court
    when a judicial or administrative subpoena or judicial order described
    in clause 1 is issued and served on a Member, Delegate, Resident
    Commissioner, officer, or employee of the House.
      8. Nothing in this rule shall be construed to deprive, condition, or
    waive the constitutional or legal privileges or rights applicable or
    available at any time to a Member, Delegate, Resident Commissioner,
    officer, or employee of the House, or of the House itself, or the right
    of such Member, Delegate, Resident Commissioner, officer, or employee,
    or of the House itself, to assert such privileges or rights before a
    court in the United States.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former rule L (H. Res. 5, Jan. 6, 1999, p. ----).
    It was added initially in the 97th Congress (H. Res. 5, Jan. 5, 1981, p.
    98). Until the 95th Congress, whenever a Member, officer, or employee
    received a subpoena, the House would authorize the person to respond by
    adopting a

    [[Page [406]]]

    resolution. This case-by-case approach was changed in the 95th and 96th
    Congresses (H. Res. 10, Jan. 4, 1977, p. 73; H. Res. 10, Jan. 15, 1979,
    p. 19) when general authority was granted to respond to subpoenas and a
    procedure was established for automatic compliance without the necessity
    of a House vote. This standing authority was clarified and revised later
    in the 96th Congress (H. Res. 722, Sept. 17, 1980, pp. 25777-90) and
    forms the basis for the present rule. In the 107th Congress the rule was
    amended to broaden its application to administrative subpoenas (sec.
    2(c), H. Res. 5, Jan. 3, 2001, p. ----).
      In the 102d Congress the House considered as questions of the
    privileges of the House resolutions: responding to a subpoena for
    records of the ``bank'' in the Office of the Sergeant-at-Arms (Apr. 29,
    1992, p. 9753); responding to a contemporaneous request for such records
    from a Special Counsel (Apr. 29, 1992, p. 9763); and authorizing an
    officer of the House to release certain documents in response to another
    such request from the Special Counsel (May 28, 1992, p. 12790). Under
    rule VIII as amended in the 107th Congress, a Member or employee
    receiving such a subpoena informs the Speaker, as had been the practice
    under precedent (Deschler, ch. 11, Sec. 14.8) before the rule was
    amended (July 30, 1998, p. ----; May 3, 1999, p. ----).
      Under clause 2, the Speaker promptly lays before the House a
    communication notifying him of the receipt of a subpoena, but the rule
    does not require that the text of a subpoena be printed in the Record
    (July 31, 1992, p. 20602).

    [DOCID:hd284-103]
                                     Rule IX

    [DOCID:hd284-104]
                             questions of privilege

      1. <> Questions
    of privilege shall be, first, those affecting the rights of the House
    collectively, its safety, dignity, and the integrity of its proceedings;
    and second, those affecting the rights, reputation, and conduct of
    Members, Delegates, or the Resident Commissioner, individually, in their
    representative capacity only.
      2. (a)(1) A resolution <> reported as a question of the privileges of the House, or
    offered from the floor by the Majority Leader or the Minority Leader as
    a question of the privileges of the House, or offered as privi

    [[Page [407]]]

    leged under clause 1, section 7, article I of the Constitution, shall
    have precedence of all other questions except motions to adjourn. A
    resolution offered from the floor by a Member, Delegate, or Resident
    Commissioner other than the Majority Leader or the Minority Leader as a
    question of the privileges of the House shall have precedence of all
    other questions except motions to adjourn only at a time or place,
    designated by the Speaker, in the legislative schedule within two
    legislative days after the day on which the proponent announces to the
    House his intention to offer the resolution and the form of the
    resolution. Oral announcement of the form of the resolution may be
    dispensed with by unanimous consent.
      (2) The time allotted for debate on a resolution offered from the
    floor as a question of the privileges of the House shall be equally
    divided between (A) the proponent of the resolution, and (B) the
    Majority Leader, the Minority Leader, or a designee, as determined by
    the Speaker.
      (b) A question of personal privilege shall have precedence of all
    other questions except motions to adjourn.

      This rule was adopted in 1880 (III, 2521). It merely defined what had
    been long established in the practice of the House but what the House
    had hitherto been unwilling to define (II, 1603). It was amended in the
    103d Congress to authorize the Speaker to designate a time within a
    period of two legislative days for the consideration of a resolution to
    be offered from the floor by a Member other than the Majority Leader or
    the Minority Leader as a question of the privileges of the House after
    that Member has announced to the House his intention to do so and the
    content of the resolution, and to divide the time for debate on a
    resolution offered from the floor as a question of the privileges of the
    House (H. Res. 5, Jan. 5, 1993, p. 49). Clause 2 was amended in the
    106th Congress to permit the

    [[Page [408]]]

    announcement of the form of the resolution to be dispensed with by
    unanimous consent, and clerical and stylistic changes were effected when
    the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6,
    1999, p. ----).

      The <> body of
    precedent relating to questions of privilege includes rulings that span
    the adoption of standing rule IX in 1880. The rule was adopted ``to
    prevent the large consumption of time which resulted from Members
    getting the floor for all kinds of speeches under the pretext of raising
    a question of privilege'' (III, 2521). In a landmark decision on
    constitutional assertions of privilege, Speaker Gillett placed
    significant reliance on the history of rule IX by observing that it
    ``was obviously adopted for the purpose of hindering the extension of
    constitutional or other privilege'' (VI, 48). Under House practice, a
    resolution offered as a question of the privileges of the House is read
    in full by the Clerk (Oct. 10, 1998, p. ----).

      The <> privileges
    of the House include questions relating to its organization (I, 22-24,
    189, 212, 290), and the title of its Members to their seats (III, 2579-
    2587), which may be raised as questions of the privileges of the House
    even though the subject has been previously referred to committee (I,
    742; III, 2584; VIII, 2307). Such resolutions include those: (1) to
    declare prima facie right to a seat, or to declare a vacancy, where the
    House has referred the questions of prima facie and final rights to an
    elections committee for investigation (H. Res. 1, Jan. 3, 1985, p. 381;
    H. Res. 52, Feb. 7, 1985, p. 2220; H. Res. 97, Mar. 4, 1985, p. 4277; H.
    Res. 121, Apr. 2, 1985, p. 7118; H. Res. 148, Apr. 30, 1985, p. 9801);
    (2) to raise various questions incidental to the right to a seat (I,
    322, 328, 673, 742; II, 1207; III, 2588; VII, 2316), such as a
    resolution to declare a vacancy in the House because a Member-elect is
    unable to take the oath of office and to serve as a Member or to
    expressly resign the office due to an incapacitating illness (H. Res.
    80, Feb. 24, 1981, p. 2916); (3) to declare neither of two claimants
    seated pending a committee report and decision of final right to the
    seat by the House (Jan. 3, 1961, pp. 23-25; Jan. 3, 1985, p. 381),
    including incidental provisions providing compensation for both
    claimants and office staffing by the Clerk (Jan. 3, 1985, p. 381) and to
    direct temporary seating of a certified Member-elect pending
    determination of final right notwithstanding prior House action
    declining to seat either claimant (Feb. 7, 1985, p. 2220; Mar. 4, 1985,
    p. 4277); and (4) to propose directly to dispose of a contest over the
    title to a seat in the House (Nov. 8, 1997, p. ----; Nov. 9, 1997, p. --
    --; Jan. 28, 1998, p. ----) or to dispose of such contest upon the
    expiration of a specified day (Oct. 23, 1997, p. ----; Oct. 29, 1997, p.
    ----; Oct. 30, 1997, p. ----; Nov. 5, 1997, p. ----).
      A resolution electing a House officer is presented as a question of
    privilege (July 31, 1997, p. ----). A resolution declaring vacant the
    Office of the Speaker is presented as a matter of high constitutional
    privilege (VI, 35). For further discussion with respect to the
    organization of the House

    [[Page [409]]]

    and the title of its Members to seats, see Sec. Sec. 18-30, 46-51, 56,
    and 58-60, supra.

      The <> privileges of the House, as distinguished from that of
    the individual Member, include questions relating to its constitutional
    prerogatives in respect to revenue legislation and appropriations (see,
    e.g., II, 1480-1501; VI, 315; Nov. 8, 1979, p. 31517; Oct. 1, 1985, p.
    25418; June 16, 1988, p. 14780; June 21, 1988, p. 15425; Aug. 12, 1994,
    p. 21655). For a more thorough record of revenue bills returned to the
    Senate, see Sec. 102, supra. Such a question of privilege may be raised
    at any time when the House is in possession of the papers (June 20,
    1968, Deschler, ch. 13, Sec. 14.2; Aug. 19, 1982, p. 22127), but not
    otherwise (Apr. 6, 1995, p. 10701). Such a question of privilege
    includes a resolution asserting that a conference report accompanying a
    House bill originated revenue provisions in derogation of the sole
    constitutional prerogative of the House and resolving that such bill be
    recommitted to conference (July 27, 2000, p. ----). The constitutional
    prerogatives of the House also include its function with respect to: (1)
    impeachment and matters incidental thereto (see Sec. 604, supra); (2)
    bills ``pocket vetoed'' during an intersession adjournment (Nov. 21,
    1989, p. 31156); (3) its power to punish for contempt, whether of its
    own Members (II, 1641-1665), of witnesses who are summoned to give
    information (II, 1608, 1612; III, 1666-1724), or of other persons (II,
    1597-1640); and (4) questions relating to legal challenges involving the
    prerogatives of the House (Jan. 29, 1981, p. 1304; Mar. 30, 1982, p.
    5890), including a resolution responding to a court challenge to the
    prerogative of the House to establish a Chaplain (Mar. 30, 1982, p.
    5890). A resolution laying on the table a message from the President
    containing certain averments inveighing disrespect toward Members of
    Congress was considered as a question of the privileges of the House
    asserting a breach of privilege in a formal communication to the House
    (VI, 330). For a discussion of the relationship of the House and its
    Members to the courts, see Sec. Sec. 290-291b, supra.
      The ordinary rights and functions of the House under the Constitution
    are exercised in accordance with the rules without precedence as matters
    of privilege (III, 2567). Neither the enumeration of legislative powers
    in article I of the Constitution nor the prohibition in the seventh
    clause of section 9 of that article against any withdrawal from the
    Treasury except by enactment of an appropriation renders a measure
    purporting to exercise or limit the exercise of those powers a question
    of the privileges of the House, because rule IX is concerned not with
    the privileges of the Congress, as a legislative branch, but only with
    the privileges of the House, as a House (Feb. 7, 1995, p. 3905; Dec. 22,
    1995, p. 38501; Jan. 3, 1996, p. 40; Jan. 24, 1996, p. 1248; Feb. 1,
    1996, p. 2245; Oct. 10, 1998, p. ----; Nov. 4, 1999, pp. ----, ----, --
    --; June 6, 2002, p.----; Oct. 2, 2002, pp. ----, ----, ----, ----; Oct.
    3, 2002, pp. ----, ----). For example, the following legislative
    propositions have been held not to involve a question

    [[Page [410]]]

    of constitutional privileges of the House: (1) a resolution requiring a
    committee inquiry into the extent to which the right to vote was denied
    under the provisions of the 14th amendment (VI, 48); and (2) a
    resolution alleging an unconstitutional abrogation of a treaty by the
    President, and calling on the President to seek the approval of Congress
    prior to such abrogation (June 6, 2002, p. ----). On the other hand, an
    extraordinary question relating to the House vote required by the
    Constitution to pass a joint resolution extending the ratification
    period of a proposed constitutional amendment was raised as a question
    of privilege where the House had not otherwise made a separate
    determination on that procedural question and where consideration of the
    joint resolution had been made in order (Speaker O'Neill, Aug. 15, 1978,
    p. 26203).

      The <> privileges of the House include certain questions relating to
    the conduct of Members, officers, and employees (see, e.g., I, 284, 285;
    III, 2628, 2645-2647). Under that standard, the following resolutions
    have been held to constitute questions of the privileges of the House:
    (1) a resolution directing the Committee on Standards of Official
    Conduct to investigate illegal solicitation of political contributions
    in the House Office Buildings by unnamed sitting Members (July 10, 1985,
    p. 18397); (2) a resolution establishing an ad hoc committee to
    investigate allegations of ``ghost'' employment in the House (Apr. 9,
    1992, p. 9029); (3) a resolution directing a committee to further
    investigate the conduct of a Member on which it has reported to the
    House (Aug. 5, 1987, p. 22458); (4) a resolution directing the Committee
    on Standards of Official Conduct to report to the House the status of an
    investigation pending before the committee (Nov. 17, 1995, p. 33846;
    Nov. 30, 1995, p. 35075); (5) a resolution appointing an outside counsel
    (Sept. 19, 1996, p. 23851; Sept. 24, 1996, p. 24525); (6) a resolution
    to commit other matters to an outside counsel already appointed by the
    committee (June 27, 1996, p. 15917); (7) a resolution directing the
    committee to release the report of an outside counsel (Sept. 19, 1996,
    p. 23852; Sept. 24, 1996, p. 24526); (8) a resolution making allegations
    concerning the propriety of responses by officers of the House to court
    subpoenas for papers of the House without notice to the House, and
    directions to a committee to investigate such allegations (Feb. 13,
    1980, p. 2768); (9) a resolution making allegations of improper
    representation by counsel of the legal position of Members in a brief
    filed in the Court and directions for withdrawal of the brief (Mar. 22,
    1990, p. 4996); (10) a resolution making allegations of unauthorized
    actions by a committee employee to intervene in judicial proceedings
    (Feb. 5, 1992, p. 1601); (11) a resolution directing the Clerk to notify
    interested parties that the House regretted the use of official
    resources to present to the Supreme Court of Florida a legal brief
    arguing the unconstitutionality of congressional term limits, and that
    the House had no position on that question (Nov. 4, 1991, p. 29968); and
    (12) a resolution alleging a chronology of litigation relating to the
    immunity of a Member from civil liability for bona fide official acts
    and expressing the views

    [[Page [411]]]

    of the House thereon (May 12, 1988, p. 10574). For a discussion of
    disciplinary resolutions meting out punishment for violations of
    standards of official conduct, which constitute questions of the
    privileges of the House, see Sec. Sec. 62-66, supra.
      In the 102d and 103d Congresses, a large number of resolutions
    relating to the operation of the ``bank'' in the Office of the Sergeant-
    at-Arms and the management of the Office of the Postmaster were
    presented as questions of the privileges of the House. The former
    category included resolutions: (1) terminating all bank and check-
    cashing operations in the Office of the Sergeant-at-Arms and directing
    the Committee on Standards of Official Conduct to review GAO audits of
    such operations (Oct. 3, 1991, p. 25435); (2) instructing the Committee
    on Standards of Official Conduct to disclose the names and pertinent
    account information of Members and former Members found to have abused
    the privileges of the ``bank'' in the Office of the Sergeant-at-Arms
    (Mar. 12, 1992, p. 5519); (3) instructing the Committee on Standards of
    Official Conduct to disclose further account information respecting
    Members and former Members having checks held by that entity (Mar. 12,
    1992, p. 5534); (4) mandating full and accurate disclosure of pertinent
    information concerning the operation of that entity (Mar. 12, 1992, p.
    5551); (5) responding to a subpoena for records of that entity (Apr. 29,
    1992, p. 9453); (6) responding to a contemporaneous request for such
    records from a Special Counsel (Apr. 29, 1992, p. 9763); and (7)
    authorizing an officer of the House to release certain documents in
    response to another such request from the Special Counsel (May 28, 1992,
    p. 12790). The latter category included resolutions: (1) directing the
    Committee on House Administration to conduct a thorough investigation of
    the operation and management of the Office of the Postmaster in light of
    recent press allegations of wrongdoing (Feb. 5, 1992, p. 1589); (2)
    creating a select committee to investigate the same matter (Feb. 5,
    1992, p. 1599); (3) requiring an explanation of a reported interference
    with authorized access to a committee investigation of that matter (Apr.
    9, 1992, p. 9024); (4) redressing a perception of obstruction of justice
    by recusing the General Counsel to the Clerk from matters relating to
    the investigation of that matter (Apr. 9, 1992, p. 9076); (5) directing
    the Speaker to explain the lapse of time before the House received
    notice that several Members and an officer of the House had received
    subpoenas to testify before a Federal grand jury investigating that
    matter (May 14, 1992, p. 11309); (6) directing the Committee on House
    Administration to transmit to the Committee on Standards of Official
    Conduct and to the Department of Justice all records obtained by its
    task force to investigate that matter (July 22, 1992, p. 18786); (7)
    directing the Committee on Standards of Official Conduct to investigate
    violations of confidentiality by staff engaged in the investigation of
    that matter (July 22, 1992, p. 18795); (8) directing the Committee on
    House Administration to release transcripts of the proceedings of its
    task force to investigate that matter, where the investigation was
    ordered as a question of privilege and its results had been ordered
    reported to the House

    [[Page [412]]]

    (July 22, 1992, p. 18796; July 23, 1992, p. 19125); (9) directing the
    Committee on House Administration to redress the inaccurate naming of a
    Member in minority views accompanying a report on that matter (July 23,
    1992, p. 19121); (10) directing the public release of official papers of
    the House relating to an investigation by the Committee on House
    Administration's task force to investigate the operation and management
    of the Office of the Postmaster (July 22, 1993, p. 16634); (11)
    directing the public release of transcripts and other relevant documents
    relating to an investigation by the Committee on House Administration's
    task force to investigate the operation and management of the Office of
    the Postmaster unless two designees of the bipartisan leadership agree
    to the contrary (June 9, 1994, p. 12437); and (12) directing the
    Committee on Standards of Official Conduct to defer any investigation
    relating to the operation of the former Post Office until assured that
    its inquiry would not interfere with an ongoing criminal investigation,
    as well as a resolution directing the Committee on Standards of Official
    Conduct to proceed with the investigation (Mar. 2, 1994, p. 3672).
      In the 105th Congress a 12-member bipartisan task force appointed by
    the Majority and Minority Leaders conducted a comprehensive review of
    the House ethics process. During the deliberations of the task force,
    the House imposed a moratorium on raising certain questions of privilege
    under this rule with respect to official conduct and on the filing or
    processing of ethics complaints. The moratorium was imposed in the
    expectation that the recommendations of the task force would include
    rules changes relating to establishment and enforcement of standards of
    official conduct for Members, officers, and employees of the House (Feb.
    12, 1997, p. ----). The moratorium was extended through September 10,
    1997 (July 30, 1997, p. ----). The task force recommendations ultimately
    were reported from the Committee on Rules and were adopted with certain
    amendments (H. Res. 168, Sept. 18, 1997, p. ----).

      The <> privileges of the House include questions relating to the
    integrity of its proceedings, including the processes by which bills are
    considered (III, 2597-2601, 2614; IV, 3383, 3388, 3478), such as the
    constitutional question of the vote required to pass a joint resolution
    extending the State ratification period of a proposed constitutional
    amendment (Speaker O'Neill, Aug. 15, 1978, p. 26203). Privileges of the
    House also include: (1) resignation of a Member from a select or
    standing committee (Speaker Albert, June 16, 1975, p. 19054; Speaker
    O'Neill, Mar. 8, 1977, pp. 6579-82); (2) newspaper charges affecting the
    honor and dignity of the House (VII, 911); and (3) the conduct of
    representatives of the press (II, 1630, 1631; III, 2627; VI, 553).
      Admission to the floor of the House constitutes a question of
    privilege (III, 2624-2626), including a resolution alleging indecorous
    behavior of a former Member and instructing the Sergeant-at-Arms to ban
    the former Member from the floor, and rooms leading thereto, until the
    resolution

    [[Page [413]]]

    of a contested election to which he was party (H. Res. 233, Sept. 18,
    1997, p. ----).
      The accuracy and propriety of reports in the Congressional Record also
    constitute a question of privileges of the House (V, 7005-7023; VIII,
    3163, 3461, 3463, 3464, 3491, 3499; Apr. 20, 1936, p. 5704; May 11,
    1936, p. 7019; May 7, 1979, p. 10099), including a resolution: (1)
    asserting that a Member's remarks spoken in debate were omitted from the
    printed Record, directing that the Record be corrected and requiring the
    Clerk to report on the circumstances and possible corrective action
    (July 29, 1983, p. 21685); (2) directing the Committee on Rules to
    investigate and report to the House within a time certain on alleged
    alterations of the Congressional Record (Jan. 24, 1984, p. 250); and (3)
    addressing whether the Record should constitute a verbatim transcript
    (May 8, 1985, p. 11072; Feb. 7, 1990, p. 1515). Although a motion to
    correct the Congressional Record based on improper alterations or
    insertions may be raised as a question of privilege, mere typographical
    errors or ordinary revisions of a Member's remarks do not form the basis
    for privileged motions to correct the Record (Apr. 25, 1985, p. 9419;
    see Sec. 690, supra).
      The protection of House records constitutes a question of the
    privileges of the House, especially when records are demanded by the
    courts (III, 2604, 2659, 2660-2664; VI, 587; Sept. 18, 1992, p. 25750;
    see also Sec. 291, supra). Privileges of the House involving records
    also include: (1) a resolution furnishing certain requested information
    to an Independent Counsel investigating covert arms transactions with
    Iran (June 4, 1992, p. 13664); (2) a resolution responding to a request
    of a law enforcement official regarding the timing of the public release
    of official papers of the House (July 22, 1993, p. 16624); (3) a
    resolution directing a committee to investigate press publication of a
    report that the House had ordered not to be released (Speaker Albert,
    Feb. 19, 1976, p. 3914); (4) a resolution directing the public release
    of transcripts and other relevant documents relating to an investigation
    by the Committee on House Administration's task force to investigate the
    operation and management of the Office of the Postmaster unless two
    designees of the bipartisan leadership agreed to the contrary (June 9,
    1994, p. 12437); and (5) a resolution alleging that a Member willfully
    abused his power as chairman of a committee by unilaterally releasing
    records of the committee in contravention of its rules (adopted
    ``protocol''), and expressing disapproval of such conduct (May 14, 1998,
    p. ----). However, a resolution directing a standing committee to
    release executive-session material referred to it as such by special
    rule of the House was held to propose a change in the rules and,
    therefore, not to constitute a question of the privileges of the House
    under rule IX (Sept. 23, 1998, p. ----).
      A question regarding the accuracy of House documents constitutes a
    question of privileges of the House (V, 7329), including: (1) a
    resolution asserting that a printed transcript of joint subcommittee
    hearings contained unauthorized alterations of the statements of
    subcommittee members in the prior Congress and that unauthorized
    alterations may have

    [[Page [414]]]

    occurred in other committee hearing transcripts, and proposing the
    creation of a select committee to investigate and report back by a date
    certain (June 29, 1983, p. 18279); (2) a resolution alleging the
    unauthorized creation and falsification of documents distributed to the
    general public at a committee hearing and resolving that the Speaker
    take appropriate measures to ensure the integrity of the legislative
    process and report his actions and recommendations to the House (Oct.
    25, 1995, p. 29373); and (3) a resolution requesting the Senate to
    return a House-passed bill and accompanying papers to the House if an
    error had been made by the Clerk in preparing the message to the Senate
    (Oct. 1, 1982, p. 27172). The privileges of the House also include: (1)
    the integrity of its Journal (II, 1363; III, 2620) and messages (III,
    2613); (2) unreasonable delay in transmitting an enrolled bill to the
    President (Oct. 8, 1991, p. 25761); and (3) a concurrent resolution
    directing the Clerk of the House and the Secretary of the Senate to
    produce official duplicates of certain legislative papers (Oct. 5, 1992,
    p. 32064).
      A resolution alleging that the Chair had improperly ordered the
    interruption of audio broadcast coverage of certain House proceedings
    constitutes a question of privileges of the House (Mar. 17, 1988, p.
    4180), as does a resolution providing for an experiment in the
    telecasting and broadcasting of House proceedings (Speaker O'Neill, Mar.
    15, 1977, p. 7607). Similarly, a resolution authorizing and directing
    the Speaker to provide for the audio and visual broadcast coverage of
    the Chamber while Members are voting has been held to present a question
    of the privileges of the House, because rule V (former clause 9 of rule
    I), which requires complete and unedited audio and visual coverage of
    House proceedings and coverage of record votes, had not been implemented
    (Apr. 30, 1985, p. 9821).
      Alleged improprieties in committee procedures, including charges of
    committee inaction (III, 2610), secret committee conferences (VI, 578),
    refusal to make staff study available to certain Members and to the
    public (Feb. 14, 1939, p. 1370), refusal to give hearings or allow
    petitions to be read (III, 2607), refusal to permit committee member to
    take photostatic copies of committee files (Aug. 14, 1957, p. 14739),
    and a determination whether a committee violated House rules by voting
    to take allegedly defamatory testimony in open session (June 30, 1958,
    p. 12690), were all held not to give rise to a question of the
    privileges of the House. However, the following resolutions were held to
    give rise to questions of the privileges of the House: (1) a resolution
    alleging that the chairman of a committee directed his staff to request
    the Capitol Police to remove minority party members from a committee
    room where they were meeting during the reading of an amendment,
    alleging that the chairman deliberately and improperly refused to
    recognize a legitimate and timely objection by a member of the committee
    to dispense with the reading of that amendment, resolving that the House
    disapproves of the manner in which the chairman conducted the markup,
    and finding that the bill considered at that markup was not validly
    ordered reported (July 18, 2003, p. ----) and (2) a resolution alleg

    [[Page [415]]]

    ing the facts as described in the previous resolution, resolving that
    the House disapproves of the manner in which the chairman summoned the
    Capitol Police as well as the manner in which he conducted the markup,
    finding that the bill considered at that markup was not validly ordered
    reported, and calling for a police report to be placed in the Record
    (July 23, 2003 p. ----).

      The <> privileges of the House include questions relating to the
    comfort and convenience of Members and employees (III, 2629-2636), such
    as resolutions concerning the proper attire for Members in the Chamber
    when the temperature is uncomfortably warm (July 17, 1979, p. 19008); as
    well as questions relating to safety, such as resolutions requiring an
    investigation into the safety of Members in view of alleged structural
    deficiencies in the West Front of the Capitol (July 25, 1980, pp. 19762-
    64); and directing the appointment of a select committee to inquire into
    alleged fire safety deficiencies in the environs of the House (May 10,
    1988, p. 10286).

      A motion <> to amend
    the Rules of the House does not present a question of privilege (Speaker
    Cannon, sustained by the House, thereby overruling the decision of March
    19, 1910 (VIII, 3376), which held such motion privileged (VIII, 3377)),
    and a question of the privileges of the House may not be invoked to
    effect a change in the rules or standing orders of the House or their
    interpretation (Speaker O'Neill, Dec. 6, 1977, pp. 38470-73; Sept. 9,
    1988, p. 23298; July 30, 1992, p. 20339; Jan. 31, 1996, p. 1887),
    including directions to the Speaker infringing upon his discretionary
    power of recognition under clause 2 of rule XVII (former clause 2 of
    rule XIV) (July 25, 1980, pp. 19762-64), for example, by requiring that
    he give priority in recognition to any Member seeking to call up a
    matter highly privileged pursuant to a statutory provision, over a
    member from the Committee on Rules seeking to call up a privileged
    report from that committee (Speaker Wright, Mar. 11, 1987, p. 5403), or
    by requiring that he state the question on overriding a veto before
    recognizing for a motion to refer (thereby overruling prior decisions of
    the Chair to change the order of precedence of motions) (Speaker Wright,
    Aug. 3, 1988, p. 20281). Similarly, a resolution alleging that, in light
    of an internationally objectionable French program of nuclear test
    detonations, for the House to receive the President of France in a joint
    meeting would be injurious to its dignity and to the integrity of its
    proceedings, and resolving that the Speaker withdraw the pending
    invitation and refrain from similar invitations, was held not to present
    a question of the privileges of the House because it proposed a
    collateral change in an order of the House previously adopted (that the
    House recess for the purpose of receiving the President of France) and a
    new rule for future cases (Jan. 31, 1996, p. 1887). A resolution
    collaterally challenging the validity or fairness of an adopted rule of
    the House by delaying its implementation was held not to give rise to a
    question of the privileges of the House (Feb. 3, 1993, p. 1974
    (sustained by tabling of appeal)). A

    [[Page [416]]]

    resolution directing that the party ratios of all standing committees,
    subcommittees, and staffs thereof be changed within a time certain to
    reflect overall party ratios in the House was held to constitute a
    change in the Rules of the House and not to constitute a proper question
    of the privileges of the House (the standing rules already providing
    mechanisms for selecting committee members and staff) (Jan. 23, 1984, p.
    78). On the other hand, although the Rules of the House establish a
    procedure for fixing the ratio of majority to minority members on full
    committees and also provide that subcommittees are subject to the
    direction and control of the full committee (clause 1 of rule XI), a
    question of the privileges of the House is raised where it is alleged
    that subcommittee ratios should reflect full committee ratios
    established by the House and failure to do so denies representational
    rights at the subcommittee level (Oct. 4, 1984, p. 30042). A resolution
    alleging that a recitation of the Pledge of Allegiance at the start of
    each legislative day would enhance the dignity and integrity of the
    proceedings of the House and directing that the Speaker implement such a
    recitation as the practice of the House was held to propose a change in
    the rules and therefore not to give rise to a question of the privileges
    of the House (Sept. 9, 1988, p. 23298). A resolution directing that the
    reprogramming process established in law for legislative branch
    appropriations be subjected to third-party review for conformity with
    external standards of accounting but alleging no deviation from duly
    constituted procedure was held not to give rise to a question of the
    privileges of the House (May 20, 1992, p. 12005 (sustained by tabling of
    appeal)). A resolution to permit the Delegate of the District of
    Columbia to vote on articles of impeachment of the President in
    contravention of statutory law and the Rules of the House was held to be
    tantamount to change in the rules and therefore not to constitute a
    question of the privileges of the House (Dec. 18, 1998, p. ----). A
    resolution directing a standing committee to release executive-session
    material referred to it as such by special rule of the House was held to
    propose a change in the rules and, therefore, not to constitute a
    question of the privileges of the House (Sept. 23, 1998, p. ----). A
    resolution expressing Congressional sentiment that the President should
    take specified action to achieve a desired public policy, even though
    involving executive action under a treaty (under which the Senate had
    exercised its prerogative to ratify), does not present a question of the
    privileges of the House, but rather is a legislative matter to be
    considered under ordinary rules relating to priority of business (June
    6, 2002, p. ----).
      A question of the privileges of the House may not be invoked to
    prescribe a special order of business for the House, because otherwise
    any Member would be able to attach privilege to a legislative measure
    merely by alleging impact on the dignity of the House based upon House
    action or inaction (June 27, 1974, p. 21596; Feb. 7, 1995, p. 3905; Dec.
    22, 1995, p. 38501; Jan. 3, 1996, p. 40; Jan. 24, 1996, p. 1248; Feb. 1,
    1996, p. 2245; Oct. 10, 1998, p. ----; Nov. 4, 1999, pp. ----, ----, --
    --; June 6, 2002, p.----; Oct. 2, 2002, pp. ----, ----, ----, ----; Oct.
    3, 2002, pp. ----, ----). For

    [[Page [417]]]

    example, the following resolutions have been held not to give rise to a
    question of the privileges of the House: (1) a resolution directing a
    committee to meet and conduct certain business (June 27, 1974, p. 21596;
    July 31, 1975, p. 26250); (2) a resolution alleging that the inability
    of the House to enact certain legislation constituted an impairment of
    the dignity of the House, the integrity of its proceedings, and its
    place in public esteem, and resolving that the House be considered to
    have passed such legislation (Jan. 3, 1996, p. 40; Jan. 24, 1996, p.
    1248); and (3) a resolution precluding an adjournment of the House until
    a specified legislative measure is considered (Feb. 1, 1996, p. 2247).
    See also Sec. 702, supra, for a discussion of legislative propositions
    purporting to present questions of the privileges of the House.

      The <> clause
    of the rule giving questions of privilege precedence over all other
    questions except a motion to adjourn is a recognition of a well-
    established principle in the House, for it is an axiom of the
    parliamentary law that such a question ``supersedes the consideration of
    the original question, and must be first disposed of'' (III, 2522, 2523;
    VI, 595). As the business of the House began to increase it was found
    necessary to give certain important matters a precedence by rule, and
    such matters are called ``privileged questions.'' But as they relate
    merely to the order of business under the rules, they are to be
    distinguished from ``questions of privilege'' which relate to the safety
    or efficiency of the House itself as an organ for action (III, 2718). It
    is evident, therefore, that a question of privilege takes precedence
    over a matter merely privileged under the rules (III, 2526-2530; V,
    6454; VIII, 3465). Certain matters of business, arising under provisions
    of the Constitution mandatory in nature, have been held to have a
    privilege which superseded the rules establishing the order of business,
    as bills providing for census or apportionment (I, 305-308), bills
    returned with the objections of the President (IV, 3530-3536),
    propositions of impeachment (see Sec. 604, supra), and questions
    incidental thereto (III, 2401, 2418; V, 7261; July 22, 1986, p. 17306;
    Dec. 2, 1987, p. 33720; Jan. 3, 1989, p. 84; Feb. 7, 1989, p. 1726),
    matters relating to the count of the electoral vote (III, 2573-2578),
    resolutions relating to adjournment and recess of Congress (V, 6698,
    6701-6706; Nov. 13, 1997, p. ----), and a resolution declaring the
    Office of the Speaker vacant (VI, 35); but under later decisions certain
    of these matters which have no other basis in the Constitution or in the
    rules for privileged status, such as bills relating to census and
    apportionment, have been held not to present questions of privilege, and
    the effect of such decisions is to require all questions of privilege to
    come within the specific provisions of this rule (VI, 48; VII, 889; Apr.
    8, 1926, p. 7147) (see Sec. 702, supra).
      A resolution that presents a proper question of the privileges of the
    House (alteration of subcommittee hearing transcripts) may propose the
    creation of a select investigatory committee with subpoena authority to
    report back to the House by a date certain (June 29, 1983, p. 18104),
    but may not

    [[Page [418]]]

    appropriate funds for the investigating committee from the contingent
    fund (now referred to as ``applicable accounts of the House described in
    clause 1(i)(1) of rule X'') (VI, 395).

      The <> privilege of
    the Member rests primarily on the Constitution, which gives to him a
    conditional immunity from arrest (Sec. 90, supra) and an unconditional
    freedom of debate in the House (III, 2670, Sec. 92, supra). A menace to
    the personal safety of Members from an insecure ceiling in the Hall was
    held to involve a question of the highest privilege (III, 2685); and an
    assault on a Member within the Capitol when the House was not in
    session, from a cause not connected with the Member's representative
    capacity, was also held to involve a question of privilege (II, 1624).
    But there has been doubt as to the right of the House to interfere for
    the protection of Members, who outside the Hall, get into difficulties
    not connected with their official duties (II, 1277; III, 2678;
    footnote). Charges against the conduct of a Member are held to involve
    privilege when they relate to his representative capacity (III, 1828-
    1830, 2716; VI, 604, 612; VIII, 2479); but when they relate to conduct
    at a time before he became a Member they have not been entertained as of
    privilege (II, 1287; III, 2691, 2723, 2725). While questions of personal
    privilege normally involve matters touching on a Member's reputation, a
    Member may be recognized for a question of personal privilege based on a
    violation of his rights as a Member, such as unauthorized printed
    alterations in his statements made during a subcommittee hearing in a
    prior Congress (since the second phrase of this clause speaks to the
    ``rights, reputation, and conduct of Members, individually'') (June 28,
    1983, p. 17674). A printed characterization by an officer of the House
    of a Member's proposed amendments as ``dilatory and frivolous'' may give
    rise to a question of personal privilege (Aug. 1, 1985, p. 22542) as may
    the fraudulent use of a Member's official stationery as a ``Dear
    Colleague'' letter (Sept. 17, 1986, p. 23605). While a Member may be
    recognized on a question of personal privilege to complain about an
    abuse of House rules as applied to debate in which he was properly
    participating, he may not raise a question of personal privilege merely
    to complain that microphones had been turned off during disorderly
    conduct following expiration of his recognition for debate (Mar. 16,
    1988, p. 4085).
      Speaker Wright rose to a question of personal privilege to respond to
    a ``statement of alleged violations'' pending in the Committee on
    Standards of Official Conduct; and, pending the committee's disposition
    of his motion to dismiss, announced his intention to resign as Speaker
    and as a Member (May 31, 1989, p. 10440). Speaker Gingrich rose to a
    question of personal privilege to discuss his own official conduct
    previously resolved by the House, which question was based upon press
    accounts (Apr. 17, 1997, p. ----). Speaker Hastert rose to a question of
    personal privilege to discuss the process for selecting a Chaplain,
    which question was based on press accounts (Mar. 23, 2000, p. ----).

    [[Page [419]]]

      A Member rose to a question of personal privilege to discuss his own
    official conduct relative to his account with the ``bank'' operated by
    the Sergeant-at-Arms, which question was based on press accounts (Mar.
    19, 1992, p. 6074).
      A Member rose to a question of personal privilege based on press
    accounts concerning allegations by other Members that he, as a committee
    chairman, had been ``buying votes'' (Mar. 26, 1998, p. ----). A
    committee chairman rose to a question of personal privilege based on
    press accounts containing statements impugning his character and motive
    by alleging intentional violation of rules as chairman of a committee
    conducting an investigation (May 12, 1998, p. ----). A committee
    chairman rose to a question of personal privilege to discuss his own
    official conduct, which question was based on a letter of reproval
    reported by the Committee on Standards of Official Conduct (Oct. 5,
    2000, p. ----). A committee chairman rose to a question of personal
    privilege based on press accounts impugning his character to discuss his
    decision to direct his staff to request the Capitol Police to remove
    minority party members from a committee room where they were meeting
    during the reading of an amendment at a committee markup (July 23, 2003,
    p. ----).
      A distinction has been drawn between charges made by one Member
    against another in a newspaper or in a press release (July 28, 1970, p.
    26002) or in a ``Dear Colleague'' letter (Aug. 4, 1989, p. 19139; May
    14, 1996, p. 11081), and the same when made on the floor (III, 1827,
    2691, 2717). Charges made in newspapers against Members in their
    representative capacities involve privilege (III, 1832, 2694, 2696-2699,
    2703, 2704; VI, 576, 621; VIII, 2479), even though the names of
    individual Members are not given (III, 1831, 2705, 2709; VI, 616, 617).
    But vague charges in newspaper articles (III, 2711; VI, 570), criticisms
    (III, 2712-2714; VIII, 2465), or even misrepresentations of the Member's
    speeches or acts or responses in an interview (III, 2707, 2708; Aug. 3,
    1990, p. 22135), have not been entertained. A question of personal
    privilege may not ordinarily be based merely on words spoken in debate
    (July 23, 1987, p. 20861; Mar. 16, 1988, p. 4085; Nov. 16, 1989, p.
    29569; Sept. 25, 1996, p. 24807; Sept. 21, 2001, p. ----) or conveyed by
    an exhibit in debate (June 28, 2000, p. ----). However, a Member may
    raise a question of personal privilege based upon press accounts of
    another Member's remarks, in debate or off the floor, which impugn his
    character or motives (May 15, 1984, pp. 12207, 12211; May 31, 1984, p.
    14620), or based upon newspaper accounts of televised press coverage of
    a committee hearing at which he was criticized derogatorily (Mar. 3,
    1988, p. 3196).

      The <> body of precedent relating to the precedence of questions of
    privilege spans both the adoption of standing rule IX in 1880 and its
    amendment to require notice in certain cases in 1993.
      A question of privilege which relates to a breach of privilege (an
    assault) occurring during the reading of the Journal may interrupt its
    reading (II,

    [[Page [420]]]

    1630). A question of privilege may interrupt the reading of the Journal
    (II, 1630; VI, 637), the consideration of a bill under a special order
    (III, 2524, 2525), even where the rule thereon provides for a vote
    without intervening motion (VI, 560), a proposition to suspend the rules
    (III, 2553; VI, 553, 565), the consideration of certain matters on which
    the previous question has been ordered (III, 2532; VI, 561; VIII, 2688),
    business in order on Calendar Wednesday (VI, 394; VII, 908-910), reports
    from the Rules Committee before consideration has begun (VIII, 3491;
    Mar. 11, 1987, p. 5403), call of the Consent Calendar on Monday (VI,
    553), before that Calendar was repealed in the 104th Congress (H. Res.
    168, June 20, 1995, p. 16574), and motions to resolve into the Committee
    of the Whole (VI, 554; VIII, 3461). A question of the privileges of the
    House takes precedence over unfinished business, privileged under
    clauses 1 and 3 of rule XIV (former rule XXIV) (Speaker Albert, June 4,
    1975, p. 16860). Since a resolution raising a question of the privileges
    of the House takes precedence over a motion to suspend the rules, it may
    be offered and voted on between motions to suspend the rules on which
    the Speaker has postponed record votes until after debate on all
    suspensions (May 17, 1983, p. 12486). In general, one question of
    privilege may not take precedence over another (III, 2534, 2552, 2581),
    and the Chair's power of recognition determines which of two matters of
    equal privilege is considered first (July 24, 1990, p. 18916). While
    under rule IX a question of the privileges of the House takes precedence
    over all other questions except the motion to adjourn, the Speaker may,
    pursuant to his power of recognition under clause 2 of rule XVII (former
    clause 2 of rule XIV), entertain unanimous-consent requests for ``one-
    minute speeches'' pending recognition for a question of privilege, since
    such unanimous-consent requests, if granted, temporarily waive the
    standing Rules of the House relating to the order of business (Speaker
    O'Neill, July 10, 1985, p. 18394; Feb. 6, 1989, pp. 1676-82).
      A Member's announcement of intent to offer a resolution as a question
    of privilege may take precedence over a special order reported from the
    Committee on Rules; but, where a special order is pending, such
    announcements are counted against debate on the resolution absent
    unanimous consent to the contrary (Oct. 28, 1997, p. ----).
      While a question of privilege is pending, a message of the President
    is received (V, 6640-6642), but is read only by unanimous consent (V,
    6639). A motion to reconsider may also be entered but may not be
    considered (V, 5673-5676). It has been held that only one question of
    privilege may be pending at a time (III, 2533), but having presented one
    question of privilege, a Member, before discussing it, may submit a
    second question of privilege related to the first and discuss both on
    one recognition (VI, 562). While a resolution raising a question of the
    privileges of the House has precedence over all other questions, it is
    nevertheless subject to disposition by the ordinary motions permitted
    under clause 4 of rule XVI, and by the motion to commit under clause 2
    of rule XIX (former clause 1 of

    [[Page [421]]]

    rule XVII) (Speaker Albert, Feb. 19, 1976, p. 3914; Apr. 28, 1983, p.
    10423; Mar. 22, 1990, p. 4996).

      When <> a Member proposes merely to address the House on a question
    of personal privilege, and does not bring up a resolution affecting the
    dignity or integrity of the House for action, the practice as to
    precedence is somewhat different. Thus, a Member rising to a question of
    personal privilege may not interrupt a call of the yeas and nays (V,
    6051, 6052, 6058, 6059; VI, 554, 564), or take from the floor another
    Member who has been recognized for debate (V, 5002; VIII, 2459, 2528;
    Sept. 29, 1983, p. 26508; July 23, 1987, p. 20861), but he may interrupt
    the ordinary legislative business (III, 2531). A Member may address the
    House on a question of personal privilege even after the previous
    question has been ordered on a pending bill (VI, 561; VIII, 2688). Under
    modern practice, a question of personal privilege may not be raised in
    the Committee of the Whole (Sept. 4, 1969, p. 24372; Dec. 13, 1973, p.
    41270), the proper remedy being that a demand that words uttered in the
    Committee of the Whole be taken down pursuant to clause 4 of rule XVII
    (former clause 5 of rule XIV); yet a breach of privilege occurring in
    the Committee of the Whole relates to the dignity of the House and is so
    treated (II, 1657). A question of personal privilege may not be raised
    while a question of the privileges of the House is pending (Apr. 30,
    1985, p. 9808; May 1, 1985, p. 10003).

       <> During a call of the House in the absence of a quorum, only
    such questions of privilege as relate immediately to those proceedings
    may be presented (III, 2545). See also Sec. 1024, infra.

    <>   Whenever
    it is asserted on the floor that the privileges of the House are
    invaded, the Speaker entertains the question (II, 1501), and may then
    refuse recognition if the resolution is not admissible as a question of
    privilege under the rule. A proper question of privilege may be renewed
    (Nov. 17, 1995, p. 33846). Although the early custom was for the Speaker
    to submit to the House the question whether a resolution involved the
    privileges of the House (III, 2718), the modern practice is for the
    Speaker to rule directly on the question (VI, 604; Speaker Wright, Mar.
    11, 1987, p. 5404; Feb. 3, 1995, p. 3571; Feb. 7, 1995, p. 3905),
    subject to appeal where appropriate (Speaker Albert, June 27, 1974, p.
    21596).
      Under the form of the rule adopted in the 103d Congress, the Speaker
    may in his discretion recognize a Member other than the Majority or
    Minority Leader to proceed immediately on a resolution offered as a
    question of the privileges of the House without first designating a
    subsequent time or place in the legislative schedule within two
    legislative days (Speaker Foley, Feb. 3, 1993, p. 1974); and he is not
    required to announce the time designated to consider a resolution at the
    time the resolution is noticed but may announce his designation at a
    later time (Feb. 11, 1994, p. 2209). The Speaker does not rule on the
    privileged status of a resolution at the

    [[Page [422]]]

    time that resolution is noticed, but only when the resolution is called
    up within two legislative days (Feb. 11, 1994, p. 2209; Sept. 13, 1994,
    p. 24389; Feb. 3, 1995, p. 3571).
      Common fame has been held sufficient basis for raising a question
    (III, 2538, 2701); a telegraphic dispatch may also furnish a basis (III,
    2539). A report relating to the contemptuous conduct of a witness before
    a committee gives rise to a question of the privileges of the House and
    may, under this rule, be considered on the same day reported
    notwithstanding the requirement of clause 4(a) of rule XIII (former
    clause 2(l)(6) of rule XI) that reports from committees be available to
    Members for at least three calendar days prior to their consideration
    (Speaker Albert, July 13, 1971, pp. 24720-23). But a Member may not, as
    matter of right, require the reading of a book or paper on suggesting
    that it contains matter infringing on the privileges of the House (V,
    5258). In presenting a question of personal privilege the Member is not
    required in the first instance to offer a motion or resolution, but he
    must take this preliminary step in raising a question of general
    privileges (III, 2546, 2547; VI, 565-569; VII, 3464). A proposition of
    privilege may lose its precedence by association with a matter not of
    privilege (III, 2551; V, 5890; VI, 395). Debate on a question of
    privilege is under the hour rule (V, 4990; VIII, 2448), but the previous
    question may be moved (II, 1256; V, 5459, 5460; VIII, 2672); since the
    103d Congress, however, the rule has provided for divided control of the
    hour in the case of a resolution offered from the floor. Consideration
    of a resolution as a question of the privileges of the House has
    included an hour of debate on a motion to refer under clause 4 of rule
    XVI; a separate hour of debate on the resolution, itself, under clause 2
    of rule XVII (former clause 2 of rule XIV); and a motion to commit (not
    debatable after the ordering of the previous question) under clause 2 of
    rule XIX (former clause 1 of rule XVII) (Mar. 12, 1992, p. 5557). Debate
    on a letter of resignation is controlled by the Member moving the
    acceptance of the resignation (Mar. 8, 1977, pp. 6579-82) if the
    resigning Member does not seek recognition (June 16, 1975, p. 19054).
    Debate on a question of personal privilege must be confined to the
    statements or issues which gave rise to the question of privilege (V,
    5075-77; VI, 576, 608; VIII, 2448, 2481; May 31, 1984, p. 14623).

    [[Page [423]]]

    [DOCID:hd284-105]
                                     Rule X

    [DOCID:hd284-106]
                           organization of committees

    Committees and their legislative jurisdictions
      1. <> There shall be in the House the following standing
    committees, each of which shall have the jurisdiction and related
    functions assigned by this clause and clauses 2, 3, and 4. All bills,
    resolutions, and other matters relating to subjects within the
    jurisdiction of the standing committees listed in this clause shall be
    referred to those committees, in accordance with clause 2 of rule XII,
    as follows:

      Under the Legislative Reorganization Act of 1946 (60 Stat. 812), the
    44 committees of the 79th Congress were consolidated into 19, effective
    January 2, 1947. The total number of standing committees grew over time
    with the creation of the Committee on Science and Astronautics (now
    Science), established on July 21, 1958 (p. 14513); the Committee on
    Standards of Official Conduct, established on April 13, 1967 (p. 9425);
    the Committee on the Budget, established on July 12, 1974, by the
    Congressional Budget Act of 1974 (88 Stat. 297); and the Committee on
    Small Business, established as a standing committee effective January 3,
    1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The Committee on
    Internal Security was abolished in the 94th Congress (H. Res. 5, Jan.
    14, 1975, p. 20) thereby setting the total number of standing committees
    at 22.
      The 104th Congress reduced the total number to 19 by abolishing the
    Committees on the District of Columbia, Merchant Marine and Fisheries,
    and Post Office and Civil Service (sec. 202(a), H. Res. 6, Jan. 4, 1995,
    p. 464). Matters formerly in the jurisdiction of the Committees on the
    District of Columbia and Post Office and Civil Service were transferred
    to the Committee on Government Reform (formerly Government Reform and
    Oversight); and matters formerly in the jurisdiction of the Committee on
    Merchant Marine and Fisheries were transferred to the Committees on
    Resources (formerly Natural Resources), Transportation and
    Infrastructure (formerly Public Works and Transportation), Armed
    Services (formerly National Security during the 104th and 105th
    Congresses), and Science (formerly Science, Space, and Technology) (sec.
    202(a), H. Res. 6, Jan. 4, 1995, p. 464).

    [[Page [424]]]

      A Permanent Select Committee on Intelligence was established in the
    95th Congress (H. Res. 658, July 14, 1977, pp. 22932-49). Before the
    House recodified its rules in the 106th Congress, the Select Committee
    was found in former rule XLVIII (current clause 11 of rule X) (H. Res.
    5, Jan. 6, 1999, p. ----). A permanent Select Committee on Aging was
    added to clause 6 of this rule effective January 3, 1975 (H. Res. 988,
    93d Cong., Oct. 8, 1974, p. 34470) until stricken in the 103d Congress
    (H. Res. 5, Jan. 5, 1993, p. 49).
      Although earlier forms of the rule specified the number of Members
    comprising each of the standing committees, those specifications were
    eliminated in the 93d Congress, leaving to the House the authority to
    establish the sizes of committees by the numbers elected to each
    standing committee pursuant to clause 5 of rule X. The rules still
    specify part of the composition of the Committee on the Budget (clause
    5(a)(2) of rule X) as well as the overall size and preferred composition
    of the Permanent Select Committee on Intelligence (clause 11(a) of rule
    X; Jan. 6, 2001, p. ----).
      The Speaker refers public bills in accordance with clause 1 of rule X,
    but when the House itself refers a bill it may send it to any committee
    without regard to the rules of jurisdiction (IV, 4375; V, 5527; VII,
    2131) and jurisdiction is thereby conferred (IV, 4362-4364; VII, 2105).
    Motions for change of reference of public bills and resolutions must be
    authorized by the committee claiming jurisdiction (clause 7 of rule XII;
    VII, 2121; Feb. 13, 1918, p. 2070; Jan. 10, 1941, p. 100), must be made
    immediately following the reading of the Journal (VII, 1809, 2119,
    2120), must apply to a single bill and not to a class of bills (VII,
    2125), must apply to a bill erroneously referred (VII, 2125), may be
    amended (VII, 2127), may not be divided (VII, 2125), and may not be
    debated (VII, 2126, 2128), but are not in order on Calendar Wednesday
    (VII, 2117), and are not privileged if the original reference was not
    erroneous (VII, 2125). The rereferral of most bills is accomplished by
    unanimous consent (see Procedure, ch. 17, Sec. Sec. 17-38).
      Prior to the 94th Congress, a bill could not be divided among two or
    more committees, even though it might contain matters properly within
    the jurisdiction of several committees (IV, 4372). The Committee Reform
    Amendments of 1974 added former clause 5 of rule X (current clause 2 of
    rule XII), permitting the Speaker to refer any matter to more than one
    committee (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). That
    provision was amended in the 104th Congress to require the Speaker to
    designate a primary committee among those to which a matter is initially
    referred (sec. 205, H. Res. 6, Jan. 4, 1995, p. 467). However, the
    provision was amended again in the 108th Congress to permit the Speaker
    to refrain from designating a primary committee in extraordinary
    circumstances (sec. 2(i), H. Res. 5, Jan. 7, 2003, p. ----; see
    Sec. 816, infra).
      A committee having jurisdiction of a subject by means of a petition
    (IV, 3365) properly referred (IV, 4361) can report on the subject
    thereof. It has generally been held that a committee may not report a
    bill whereof

    [[Page [425]]]

    the subject matter has not been referred to it by the House (IV, 4355-
    4360, 4372; VII, 1029, 2101, 2102). Where a House bill is returned from
    the Senate with a substitute amendment relating to a new and different
    subject, the reference could nevertheless be to the committee having
    jurisdiction of the original bill (IV, 4373, 4374); normally, however
    such amended measures are held at the Speaker's table until disposed of
    by the House. The erroneous reference of a public bill under this rule,
    if it remains uncorrected, gives jurisdiction (IV, 4365-4371; VII,
    2108), but such is not the case with a private bill or petition (IV,
    3364, 4382-4389) unless the reference be made by action of the House
    itself (IV, 4390, 4391; VII 2131). A point of order as to the reference
    of a private bill is good when the bill comes up for consideration,
    either in the House or in the Committee of the Whole (IV, 4382-4389;
    VII, 2116, 2132; VIII, 2262) or at any time prior to passage (VII,
    2116). The reference of a bill to a committee involving the same subject
    matter as a bill previously reported confers jurisdiction anew upon the
    committee to consider and report the bill subsequently introduced (VIII,
    2311).
      Clause 4 of rule XII prohibits the reception or consideration of
    certain private bills relating to claims, pensions, construction of
    bridges, and the correction of military or naval records. In the 104th
    Congress the House adopted a rule to prohibit introduction or
    consideration of any bill or resolution expressing a commemoration by
    designation of a specified period of time (current clause 5 of rule XII,
    former clause 2 of rule XXII) (sec. 216, H. Res. 6, Jan. 4, 1995, p.
    468).

      (a) Committee on Agriculture.
          (1) <> Adulteration of seeds, insect
    pests, and protection of birds and animals in forest reserves.
          (2) Agriculture generally.
          (3) Agricultural and industrial chemistry.
          (4) Agricultural colleges and experiment stations.
          (5) Agricultural economics and research.
          (6) Agricultural education extension services.
          (7) Agricultural production and marketing and stabilization of
    prices of agricultural products, and commodities (not including
    distribution outside of the United States).

    [[Page [426]]]

          (8) Animal industry and diseases of animals.
          (9) Commodity exchanges.
          (10) Crop insurance and soil conservation.
          (11) Dairy industry.
          (12) Entomology and plant quarantine.
          (13) Extension of farm credit and farm security.
          (14) Inspection of livestock, poultry, meat products, and seafood
    and seafood products.
          (15) Forestry in general and forest reserves other than those
    created from the public domain.
          (16) Human nutrition and home economics.
          (17) Plant industry, soils, and agricultural engineering.
          (18) Rural electrification.
          (19) Rural development.
          (20) Water conservation related to activities of the Department of
    Agriculture.

      This Committee was established in 1820 (IV, 4149). In 1880 the subject
    of forestry was added to its jurisdiction, and the Committee was
    conferred authority to receive estimates of and to report appropriations
    (IV, 4149). However, on July 1, 1920, authority to report appropriations
    for the Department of Agriculture was transferred to the Committee on
    Appropriations (VII, 1860).
      The basic form of the present jurisdictional statement was made
    effective January 2, 1947, as a part of the Legislative Reorganization
    Act of 1946 (60 Stat. 812). Subparagraph (7) was altered by the 93d
    Congress, effective January 3, 1975, to include jurisdiction over
    agricultural commodities (including the Commodity Credit Corporation)
    while transferring jurisdiction over foreign distribution and
    nondomestic production of commodities to the Committee on International
    Relations (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470).
    Nevertheless, the Committee has retained a limited jurisdiction over
    measures to release CCC stocks for such foreign distribution (Sept. 14,
    1989, p. 20428). Previously unstated jurisdictions over commodities
    exchanges and rural development were codified effective January 3, 1975.

    [[Page [427]]]

      The 104th Congress consolidated the Committee's jurisdiction over
    inspection of livestock and meat products to include inspection of
    poultry, seafood, and seafood products, and added subparagraph (20)
    relating to water conservation (sec. 202(a), H. Res. 6, Jan. 4, 1995, p.
    464). Clerical and stylistic changes were effected when the House
    recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p.
    ----).
      The Committee has had jurisdiction of bills for establishing and
    regulating the Department of Agriculture (IV, 4150), for inspection of
    livestock and meat products, regulation of animal industry, diseases of
    animals (IV, 4154; VII, 1862), adulteration of seeds, insect pests,
    protection of birds and animals in forest reserves (IV, 4157; VII,
    1870), the improvement of the breed of horses, even with the cavalry
    service in view (IV, 4158; VII, 1865).
      The Committee, having charge of the general subject of forestry, has
    reported bills relating to timber, and forest reserves other than those
    created from the public domain (IV, 4160). It has also exercised
    jurisdiction of bills: relating to agricultural colleges and experiment
    stations (IV, 4152), incorporation of agricultural societies (IV, 4159),
    and establishment of a highway commission (IV, 4153); to discourage
    fictitious and gambling transactions in farm products (IV, 4161; VII,
    1861); to regulate the transportation, sale, and handling of dogs and
    cats intended for use in research and the licensing of animal research
    facilities (July 29, 1965, p. 18691); and to designate an agricultural
    research center (May 14, 1996, p. 11070). The Committee shares with the
    Committee on the Judiciary jurisdiction over a bill comprehensively
    amending the Immigration and Nationality Act and including food stamp
    eligibility requirements for aliens (Sept. 19, 1995, p. 25533).
      The House referred the President's message dealing with the
    refinancing of farm-mortgage indebtedness to the Committee, thus
    conferring jurisdiction (Apr. 4, 1933, p. 1209).
      The Committee has jurisdiction over a bill relating solely to
    executive level positions in the Department of Agriculture (Mar. 2,
    1976, p. 4958) and has jurisdiction over bills to develop land and water
    conservation programs on private and non-Federal lands (June 7, 1976, p.
    16768).

      (b) Committee on Appropriations.
          (1) <>   Appropriation of the
    revenue for the support of the Government.
          (2) Rescissions of appropriations contained in appropriation Acts.
          (3) Transfers of unexpended balances.
          (4) Bills and joint resolutions reported by other committees that
    provide new entitle

    [[Page [428]]]

    ment authority as defined in section 3(9) of the Congressional Budget
    Act of 1974 and referred to the committee under clause 4(a)(2).

      This Committee was established in 1865, when all the general
    appropriation bills were confided to its care. In 1885 a portion of the
    bills were distributed to other committees. On July 1, 1920, the
    Committee again was given jurisdiction over all appropriations by an
    amendment to the rules adopted June 1, 1920 (VII, 1741).
      In the 95th Congress this paragraph was amended to correct a
    typographical error (H. Res. 5, Jan. 4, 1977, p. 53). Subparagraph (4)
    was amended in the 105th and 106th Congresses to conform to changes made
    by the Budget Enforcement Act of 1997 (sec. 10116, P.L. 105-33; H. Res.
    5, Jan. 6, 1999, p. ----). When the House recodified its rules in the
    106th Congress, it transferred an undesignated portion of this paragraph
    to clause 3(f)(2) of rule XIII (H. Res. 5, Jan. 6, 1999, p. ----).
      The authority to conduct studies and examinations of the organization
    and operation of executive departments and agencies was first given to
    this Committee on February 11, 1943 (p. 884); continued by resolution of
    January 9, 1945 (p. 135); and incorporated into permanent law in section
    202(b) of the Legislative Reorganization Act of 1946 (60 Stat. 812).
    This authority was first made part of the standing rules on January 3,
    1953 (pp. 17, 24), and is now listed as a special oversight
    responsibility of the Committee in clause 3 of rule X, effective January
    3, 1975 (former clause 2(b)(3) of rule X) (H. Res. 988, 93d Cong., Oct.
    8, 1974, p. 34470). The Committee is also authorized and directed to
    hold hearings on the budget as a whole in open session within 30 days of
    its submission (clause 4(a)(1)(A) of rule X), and to study on a
    continuing basis provisions of law providing spending authority or
    permanent budget authority and to report to the House recommendations
    for terminating or modifying such provisions (clause 4(a)(3) of rule X).
    The requirement of section 139 of the Legislative Reorganization Act of
    1946 (60 Stat. 812) that the Committees on Appropriations of the House
    and Senate develop a standard appropriation classification schedule was
    superseded by section 202(a) of the Legislative Reorganization Act of
    1970 (84 Stat. 1167), which now imposes that responsibility upon the
    Secretary of the Treasury and the Office of Management and Budget. The
    further requirement of section 139 of the 1946 Act that the
    Appropriations Committees study existing permanent appropriations and
    recommend which, if any, should be discontinued was made the
    responsibility of all standing committees of the House by clauses 4(e)
    of rule X, through enactment of section 253 of the 1970 Act (84 Stat.
    1175).
      Although this Committee has authority to report appropriations, the
    power to report legislation relating thereto belongs to other committees
    (IV, 4033; clause 2 of rule XXI), and a general appropriation bill
    reported from this Committee may not contain items of appropriation not
    authorized by law or provisions amending existing law (except
    retrenchments and

    [[Page [429]]]

    rescissions of appropriations) (clause 2 of rule XXI), and may not
    contain reappropriations of unexpended balances except within agencies
    (clause 2 of rule XXI). General appropriation bills may not be
    considered in the House until hearings thereon have been available for
    three days (clause 4 of rule XIII).
      Effective <> July
    12, 1974, special Presidential messages on rescissions and deferrals of
    budget authority submitted pursuant to sections 1012 and 1013 of the
    Impoundment Control Act of 1974 (2 U.S.C. 683, 684), as well as
    rescission bills and impoundment resolutions defined in section 1011 (2
    U.S.C. 682) and required in section 1017 (2 U.S.C. 688) to be referred
    to the appropriate committee, are referred to the Committee on
    Appropriations if the proposed rescissions or deferrals involve funds
    already appropriated or obligated. Also effective July 12, 1974, the
    Congressional Budget Act of 1974 (sec. 404(a)) added to the Committee's
    jurisdiction, and later perfected by the Committee Reform Amendments of
    1974 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), subparagraphs
    (2), (3), and (4).

      (c) Committee on Armed Services.
          (1) <> Ammunition depots; forts;
    arsenals; and Army, Navy, and Air Force reservations and establishments.
          (2) Common defense generally.
          (3) Conservation, development, and use of naval petroleum and oil
    shale reserves.
          (4) The Department of Defense generally, including the Departments
    of the Army, Navy, and Air Force, generally.
          (5) Interoceanic canals generally, including measures relating to
    the maintenance, operation, and administration of interoceanic canals.
          (6) Merchant Marine Academy and State Maritime Academies.
          (7) Military applications of nuclear energy.
          (8) Tactical intelligence and intelligence-related activities of
    the Department of Defense.

    [[Page [430]]]

          (9) National security aspects of merchant marine, including
    financial assistance for the construction and operation of vessels,
    maintenance of the U.S. shipbuilding and ship repair industrial base,
    cabotage, cargo preference, and merchant marine officers and seamen as
    these matters relate to the national security.
          (10) Pay, promotion, retirement, and other benefits and privileges
    of members of the armed forces.
          (11) Scientific research and development in support of the armed
    services.
          (12) Selective service.
          (13) Size and composition of the Army, Navy, Marine Corps, and Air
    Force.
          (14) Soldiers' and sailors' homes.
          (15) Strategic and critical materials necessary for the common
    defense.

      This Committee was established January 2, 1947, as a part of the
    Legislative Reorganization Act of 1946 (60 Stat. 812), combining the
    Committee on Military Affairs with the Committee on Naval Affairs, both
    of which had been created in 1822 (IV, 4179, 4189) and had had
    jurisdiction over appropriations from 1885 to 1920 (IV, 4179, 4189; VII,
    1741). The Committee was redesignated the Committee on National Security
    in the 104th Congress (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464) and
    was redesignated again the Committee on Armed Services in the 106th
    Congress (H. Res. 5, Jan. 6, 1999, p. ----). Clerical and stylistic
    changes were effected when the House recodified its rules in the 106th
    Congress, including the deletion of a redundant undesignated recitation
    of a special oversight function (H. Res. 5, Jan. 6, 1999, p. ----).
      Much of the present legislative jurisdiction in this paragraph was
    adopted on January 3, 1953 (p. 17), to reflect jurisdiction over the
    Department of Defense, which was created in the National Security Act of
    1947 (61 Stat. 495). In the 95th Congress, when the Joint Committee on
    Atomic Energy was abolished, this Committee gained jurisdiction over
    military applications of nuclear energy (H. Res. 5, Jan. 4, 1977, p.
    53). The special oversight function of the Committee in clause 3(g)
    (former clause 3(a)) were assigned by the Committee Reform Amendments of
    1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974,
    p. 34470). The 104th Congress

    [[Page [431]]]

    added subparagraph (8) for clarification and subparagraphs (5), (6), and
    (9) to reflect the transfer of those matters from the former Committee
    on Merchant Marine and Fisheries (sec. 202(a), H. Res. 6, Jan. 4, 1995,
    p. 464), and later amended subparagraph (8) to effect a technical
    correction (H. Res. 254, Nov. 30, 1995, p. 35077).
      The Committee has jurisdiction over bills: relating to military
    housing construction (Feb. 21, 1962, p. 2684; Apr. 18, 1967, p. 9981);
    amending title 10 of the United States Code to permit suits against the
    United States for damage to reputation of members of Armed Forces
    acquitted of charges of crimes against civilians in combat zones (July
    15, 1970, p. 24451); for construction of facilities at Walter Reed
    Medical Center (Oct. 3, 1966, p. 24859); to require military commissary,
    post exchange, and medical care privileges for veterans with sufficient
    service-connected disabilities (Feb. 3, 1976, p. 1972); of a private
    character to waive the statutory time limit on the award of the
    Congressional Medal of Honor on individuals (Feb. 22, 1982, p. 1812);
    including authorization of appropriations to the Department of Energy
    for resource applications for naval petroleum and oil shale reserves
    (May 1, 1978, p. 11946); and effecting the transfer of military property
    to a State to be designated by the State as a wilderness area (Nov. 15,
    1995, p. 32627).
      The Committee exercised jurisdiction with the Committee on Interior
    and Insular Affairs (now Resources) over a resolution expressing the
    sense of Congress regarding continued operation of the Hanford Nuclear
    Reactor to produce power for the Bonneville Power Administration (July
    17, 1986, p. 16888).

      (d) Committee on the Budget.
          (1) Concurrent resolutions on the <> budget (as defined in section 3(4) of the Congressional Budget
    Act of 1974), other matters required to be referred to the committee
    under titles III and IV of that Act, and other measures setting forth
    appropriate levels of budget totals for the United States Government.
          (2) Budget process generally.
          (3) Establishment, extension, and enforcement of special controls
    over the Federal budget, including the budgetary treatment of off-budget
    Federal agencies and measures providing exemption from reduction under
    any

    [[Page [432]]]

    order issued under part C of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

      This Committee was established in the 93d Congress, effective July 12,
    1974, by section 101 of the Congressional Budget Act of 1974 (88 Stat.
    299). The separate subpoena authority conferred upon the Committee by
    section 101(b) of that Act has been superseded by the general grant of
    subpoena authority to all committees in clause 2(m) of rule XI (H. Res.
    988, 93d Cong., Oct. 8, 1974, p. 34470). The Committee is also charged
    with the special oversight functions as described in clause 3(b) and
    clause 4(b) of rule X.
      Before the House recodified its rules in the 106th Congress, this
    paragraph consisted of the committee's legislative jurisdiction (current
    paragraph (d)), its oversight jurisdiction (current clause 4 of rule X),
    and its composition (current clause 5(a)(2) of rule X (H. Res. 5, Jan.
    6, 1999, p. ----).
      In the 99th Congress this paragraph was again amended by section
    232(h) of the Balanced Budget and Emergency Deficit Control Act of 1985,
    to confer jurisdiction over Senate joint or concurrent resolutions
    constituting congressional responses to a Presidential sequestration
    order issued pursuant to a report of the Comptroller General under
    section 252(b) of that Act (P.L. 99-177). It was again amended by the
    Budget Enforcement Act of 1990 to conform subparagraph (2) to changes in
    the congressional budget laws (tit. XIII, P.L. 101-508). The 104th
    Congress amended the paragraph to expand the limited legislative
    jurisdiction of the Committee by: (1) adding other measures setting
    forth appropriate levels of budget totals to subparagraph (2); (2)
    granting the Committee jurisdiction over the congressional budget
    process generally in a new subparagraph (3); and (3) granting the
    Committee jurisdiction over special controls over the Federal budget in
    a new subparagraph (4), including receiving from the former Committee on
    Government Operations (now Government Reform) jurisdiction over
    budgetary treatment of off-budget Federal agencies and measures
    providing exemption from sequestration orders issued under the Balanced
    Budget and Emergency Deficit Control Act (sec. 202(a), H. Res. 6, Jan.
    4, 1995, p. 464). Three rereferrals from the Committee on Government
    Reform to the Committee on the Budget marked this migration of off-
    budget treatment jurisdiction: (1) the Committee on the Budget has
    primary jurisdiction over a bill excluding from the budget the Civil
    Service Retirement and Disability Fund (although the Committee on
    Government Reform retains programmatic jurisdiction over that Fund); (2)
    the Committee on the Budget has primary jurisdiction over a bill
    excluding from the budget the Highway Trust Fund, the Airport and Airway
    Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance
    Trust Fund (although the Committee on Transportation and Infrastructure
    retains programmatic jurisdiction); and (3) the Committee on the Budget
    has sec

    [[Page [433]]]

    ondary jurisdiction over a bill amending title 49 of the United States
    Code and providing off-budget treatment for the Highway Trust Fund, the
    Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the
    Harbor Maintenance Trust Fund (Dec. 6, 1995, p. 35572). The chairman of
    the Committee on the Budget inserted in the Congressional Record a
    Memorandum of Understanding between this Committee and the Committee on
    Rules to clarify each Committee's jurisdiction over the congressional
    budget process (Jan. 4, 1995, p. 617). In the 105th Congress the
    jurisdictional statement in subparagraph (2), previously confined to the
    congressional budget process, was broadened to encompass also the
    executive budget process formerly included in the jurisdiction of the
    Committee on Government Reform and Oversight (now Government Reform) (H.
    Res. 5, Jan. 7, 1997, p. 121). Clerical and stylistic changes were
    effected when the House recodified its rules in the 106th Congress (H.
    Res. 5, Jan. 6, 1999, p. ----). This Committee, and not the Committee on
    Ways and Means, has jurisdiction over a bill establishing a rule of
    sequestration under the Balanced Budget and Emergency Deficit Control
    Act (Dec. 15, 2000, p. ----). This Committee has primary jurisdiction,
    and the Committee on Ways and Means has additional jurisdiction, over a
    bill taking Social Security trust funds off budget (Dec. 15, 2000, p. --
    --). This Committee has primary jurisdiction, and the Committee on Rules
    has additional jurisdiction, over a bill amending the Budget Act to
    establish new legislative points of order and directing that the
    President include a specified matter with his budget (Feb. 14, 2001, p.
    ----).

      (e) Committee on Education and the Workforce.
          (1) Child labor.
           <> (2) Gallaudet
    University and Howard University and Hospital.
          (3) Convict labor and the entry of goods made by convicts into
    interstate commerce.
          (4) Food programs for children in schools.
          (5) Labor standards and statistics.
          (6) Education or labor generally.
          (7) Mediation and arbitration of labor disputes.
          (8) Regulation or prevention of importation of foreign laborers
    under contract.
          (9) Workers' compensation.

    [[Page [434]]]

          (10) Vocational rehabilitation.
          (11) Wages and hours of labor.
          (12) Welfare of miners.
          (13) Work incentive programs.

      This Committee was established as the Committee on Education and Labor
    on January 2, 1947, as part of the Legislative Reorganization Act of
    1946 (60 Stat. 812), combining the Committee on Education (created in
    1867) (IV, 4242) and the Committee on Labor (created in 1883) (IV,
    4244). When it was redesignated as the Committee on Economic and
    Educational Opportunities in the 104th Congress, the jurisdictional
    statement remained unchanged except by the combination of labor
    standards and labor statistics in a single subparagraph (5) (sec.
    202(a), H. Res. 6, Jan. 4, 1995, p. 464). In the 105th Congress the
    Committee was redesignated again the Committee on Education and the
    Workforce (H. Res. 5, Jan. 7, 1997, p. 121).
      By the Committee Reform Amendments of 1974, effective January 3, 1975,
    the Committee gained jurisdiction over food programs for children in
    schools, an expansion of earlier jurisdiction over school-lunch programs
    (subpara. (4)), work incentive programs (subpara. (13)), and Indian
    education, a matter formerly within the specific jurisdiction of the
    Committee on Interior and Insular Affairs (now Resources); jurisdiction
    of the Committee over international education matters was specifically
    transferred to the Committee on Foreign Affairs (now International
    Relations); and its special oversight function was inserted in clause
    3(c) of rule X (current clause 3(d) of rule X) (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470). Clerical and stylistic changes were effected
    when the House recodified its rules in the 106th Congress, including the
    deletion of obsolete references to the Columbia Institution for the
    Deaf, Dumb, and Blind, Freedmen's Hospital, and the United States
    Employees' Compensation Commission and the deletion of a redundant
    undesignated recitation of general and special oversight functions (H.
    Res. 5, Jan. 6, 1999, p. ----).
      The Committee has jurisdiction over bills dealing with juvenile
    delinquency (Jan. 22, 1959, p. 1027), runaway youth (July 12, 1973, p.
    23633; Sept. 10, 1973, p. 28970), human services programs administered
    by HEW (June 21, 1972, p. 21733), education of Indians (Apr. 15, 1975,
    p. 10247; June 10, 1991, p. 14049), including the Native American
    Programs Act (Oct. 30, 1997, p. ----), and compensation for work
    injuries to Federal employees (Apr. 16, 1975, p. 10339); over bills
    amending the Community Services Block Grant Act to continue antipoverty
    programs originally authorized by the Economic Opportunity Act of 1964
    (Nov. 4, 1993, p. 27359); and over an executive communication proposing
    draft legislation to amend the Labor Management Relations Act and the
    Employee Retirement Income Security Act (Mar. 24, 1983, p. 7402). The
    Committee shares with the Committee on the Judiciary original
    jurisdiction over a bill comprehen

    [[Page [435]]]

    sively amending the Immigration and Nationality Act and including
    provisions addressing the enforcement of labor laws (Sept. 19, 1995, p.
    25533). The Committee has additional jurisdiction (Commerce, now Energy
    and Commerce, has primary jurisdiction) over a developmental
    disabilities assistance and family support bill (Feb. 10, 2000, p. ----
    ). The jurisdiction of this Committee over education and vocational
    rehabilitation does not include those subjects as they relate to
    veterans, which fall under the jurisdiction of the Committee on
    Veterans' Affairs.

      (f) Committee on Energy and Commerce.
          (1) Biomedical research and development.
           <> (2) Consumer affairs and
    consumer protection.
          (3) Health and health facilities (except health care supported by
    payroll deductions).
          (4) Interstate energy compacts.
          (5) Interstate and foreign commerce generally.
          (6) Exploration, production, storage, supply, marketing, pricing,
    and regulation of energy resources, including all fossil fuels, solar
    energy, and other unconventional or renewable energy resources.
          (7) Conservation of energy resources.
          (8) Energy information generally.
          (9) The generation and marketing of power (except by federally
    chartered or Federal regional power marketing authorities); reliability
    and interstate transmission of, and ratemaking for, all power; and
    siting of generation facilities (except the installation of
    interconnections between Government waterpower projects).
          (10) General management of the Department of Energy and management
    and all func

    [[Page [436]]]

    tions of the Federal Energy Regulatory Commission.
          (11) National energy policy generally.
          (12) Public health and quarantine.
          (13) Regulation of the domestic nuclear energy industry, including
    regulation of research and development reactors and nuclear regulatory
    research.
          (14) Regulation of interstate and foreign communications.
          (15) Travel and tourism.

    The committee shall have the same jurisdiction with respect to
    regulation of nuclear facilities and of use of nuclear energy as it has
    with respect to regulation of nonnuclear facilities and of use of
    nonnuclear energy.

      The Committee dates from 1795 (IV, 4096). Effective January 3, 1975
    (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), the name of the
    Committee was changed from Interstate and Foreign Commerce to Commerce
    and Health. Effective January 14, 1975, it was redesignated as
    Interstate and Foreign Commerce (H. Res. 5, 94th Cong., p. 20). In the
    96th Congress it was redesignated again as Energy and Commerce and given
    much of its present jurisdiction, effective January 3, 1981 (H. Res.
    549, Mar. 25, 1980, pp. 6405-10; note publication of intercommittee
    memoranda of understanding). In the 104th Congress it was redesignated
    again as the Committee on Commerce (sec. 202(a), H. Res. 6, Jan. 4,
    1995, p. 464). In the 107th Congress it was redesignated again as the
    Committee on Energy and Commerce and its jurisdiction over securities
    and exchanges was transferred to the Committee on Financial Services
    (sec. 2(d), H. Res. 5, Jan. 3, 2001, p. ----).
      In the 74th Congress the jurisdictional statement of the Committee was
    amended to include jurisdiction over bills relating to radio; to deprive
    the Committee jurisdiction over bills relating to water transportation,
    Coast Guard, lifesaving service, lighthouses, lightships, ocean
    derelicts, Coast and Geodetic Survey, and the Panama Canal; and to vest
    jurisdiction over those subjects in the former Committee on Merchant
    Marine and Fisheries (VII, 1814, 1847), but with the demise of the
    latter Committee in the 104th Congress, the latter subjects now reside
    in the jurisdiction of the Committee on Transportation and
    Infrastructure, except that the Committee

    [[Page [437]]]

    on National Security (now Armed Services) has jurisdiction over the
    Panama Canal (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). In the 85th
    Congress matters relating to the Bureau of Standards, standardization of
    weights and measures, and the metric system (conferred on the Committee
    by the Legislative Reorganization Act of 1946, 60 Stat. 812), were
    transferred to the Committee on Science and Astronautics (now Science)
    (July 21, 1958, p. 14513). In the Committee Reform Amendments of 1974,
    effective January 3, 1975, the Committee obtained specific jurisdiction
    over consumer affairs and consumer protection (subpara. (2)), travel and
    tourism (subpara. (16)), health and health facilities, except health
    care supported by payroll deductions (subpara. (3)) (a matter formerly
    within the jurisdiction of the Committee on Ways and Means), and
    biomedical research and development (subpara. (1)), and was released of
    jurisdiction over civil aeronautics to the Committee on Public Works and
    Transportation (now Transportation and Infrastructure), jurisdiction
    over civil aviation research and development, energy and environmental
    research and development, and the National Weather Service to the
    Committee on Science and Technology (now Science), and jurisdiction over
    trading with the enemy to the Committee on Foreign Affairs (now
    International Relations) (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470). In the 95th Congress, when the legislative jurisdiction of the
    Joint Committee on Atomic Energy in the House was transferred to various
    standing committees, this Committee was given the same jurisdiction over
    nuclear energy as it had over nonnuclear energy and facilities (H. Res.
    5, Jan. 4, 1977, pp. 53-70). In the 96th Congress the Committee obtained
    specific jurisdiction over national energy policy generally (subpara.
    (11)), measures relating to exploration, production, storage, supply,
    marketing, pricing, and regulation of energy resources (subpara. (6)),
    measures relating to conservation of energy resources (subpara. (7)),
    measures relating to energy information generally (subpara. (8)),
    measures relating to the generation, marketing, interstate transmission
    of, and ratemaking for power as well as the siting of generation
    facilities, with certain exceptions (subpara. (9)), interstate energy
    compacts (subpara. (4)), and measures relating to general management of
    the Department of Energy and all functions of the Federal Energy
    Regulatory Commission (subpara. (10)) (H. Res. 549, Mar. 25, 1980, pp.
    6405-10). In the 104th Congress the Committee's jurisdiction over inland
    waterways and railroads (including railroad labor, retirement, and
    unemployment) was transferred to the Committee on Transportation and
    Infrastructure, and jurisdiction over measures relating to the
    commercial application of energy technology was transferred to the
    Committee on Science, while the Committee on Energy and Commerce
    obtained exclusive jurisdiction over regulation of the domestic nuclear
    energy industry (subpara. (13)) from the former Committee on Natural
    Resources (now Resources) (sec. 202(a), H. Res. 6, Jan. 4, 1995, p.
    464). Clerical and stylistic changes were effected when the House
    recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p.
    ----). In the 107th Congress the Committee's jurisdiction over

    [[Page [438]]]

    securities and exchanges was transferred to the Committee on Financial
    Services (sec. 2(d), H. Res. 5, Jan. 3, 2001, p. ----). The Speaker
    inserted in the Congressional Record a Memorandum of Understanding
    between this Committee and the Committee on Financial Services to
    clarify the nature of this transfer (Jan. 30, 2001, p. ----).
      The Committee has the special oversight responsibility under clause
    3(c) of rule X as well as the general oversight responsibility required
    by clause 2 of rule X. This special oversight responsibility was
    expanded in the 96th Congress to include all energy, effective January
    3, 1981 (H. Res. 549, Mar. 25, 1980, pp. 6405-10). In the 104th Congress
    it was again expanded to include nonmilitary nuclear energy and research
    and development including the disposal of nuclear waste (sec. 202(a), H.
    Res. 6, Jan. 4, 1995, p. 464), though a conforming change in clause 3(c)
    was inadvertently omitted.
      The Committee formerly reported the river and harbor appropriation
    bill, but in 1883 the Committee on Rivers and Harbors was created for
    that role (IV, 4096), and since the 66th Congress such appropriations
    have been reported by the Committee on Appropriations.
      The Committee has general jurisdiction of bills affecting domestic and
    foreign commerce, except such as may affect the revenue (IV, 4097). It
    also has jurisdiction of bills authorizing the construction of marine
    hospitals and the acquisition of sites therefor (IV, 4110; VII, 1816),
    the general subjects of quarantine and the establishment of quarantine
    stations (IV, 4109), health, spread of leprosy and other contagious
    diseases, international congress of hygiene, etc. (IV, 4111), bills
    declaring as to whether or not streams are navigable and for preventing
    or regulating hindrances to navigation (IV, 4101; VII, 1810; Mar. 9,
    1999, p. ----), such as bridges (IV, 4099; VII, 1812) and dams, except
    such bridges and dams as are a part of river improvements (IV, 4100;
    VII, 1810). This Committee formerly had jurisdiction of bills proposing
    construction of bridges across navigable streams which are now banned
    under clause 4 of rule XII (see Sec. 822, infra; see also General Bridge
    Act, 33 U.S.C. 525, 533).
      Before the 104th Congress the Committee considered bills regulating
    railroads in their interstate commerce relations (IV, 414) and exercised
    jurisdiction with the Committees on Education and Labor (now Education
    and the Workforce) and Public Works and Transportation (now
    Transportation and Infrastructure) over bills providing labor
    protections to workers in the transportation industry, including
    railroad employees (Feb. 24, 1993, p. 3577). The Committee considers
    bills relating to commercial travelers as agents of interstate commerce
    and the branding of articles going into such commerce (IV, 4115), the
    prevention of the carriage of indecent and harmful pictures or
    literature (IV, 4116), the adulteration and misbranding of foods and
    drugs (IV, 4112), and protection of game through prohibition of
    interstate transportation (IV, 4117). The Committee has jurisdiction
    over bills imposing safety standards on motor vehicles purchased by the
    U.S. Government (Feb. 16, 1959, p. 2420), bills creating civil remedies
    for false

    [[Page [439]]]

    advertising or other violations of commercial ethics (June 4, 1962, p.
    9601), and bills to assist financing of the Arctic Winter Games in
    Alaska (June 7, 1972, p. 19935). The Committee had jurisdiction over a
    bill to reauthorize the Developmental Disabilities Assistance and Bill
    of Rights Act (ultimately repealed), which was focused on health matters
    rather than job training (June 1, 1981, p. 11028; Nov. 3, 1993, p.
    27274). This Committee and, in addition, the Committee on Education and
    the Workforce have jurisdiction over the Developmental Disabilities
    Assistance and Bill of Rights Act of 1999 (which replaced the above-
    mentioned Act) as it contained a family support program within the
    jurisdiction of the Committee on the Education and the Workforce (Feb.
    10, 2000, p. ----). In the 94th Congress, the Committee gained
    jurisdiction over bills amending the Lead-Based Paint Poisoning
    Prevention Act and bills dealing with nursing home construction as
    public health matters (June 10, 1975, p. 18009).

      (g) Committee on Financial Services.
          (1) Banks and banking, including deposit insurance and Federal
    monetary policy.
           <> (2) Economic
    stabilization, defense production, renegotiation, and control of the
    price of commodities, rents, and services.
          (3) Financial aid to commerce and industry (other than
    transportation).
          (4) Insurance generally.
          (5) International finance.
          (6) International financial and monetary organizations.
          (7) Money and credit, including currency and the issuance of notes
    and redemption thereof; gold and silver, including the coinage thereof;
    valuation and revaluation of the dollar.
          (8) Public and private housing.
          (9) Securities and exchanges.
          (10) Urban development.

      This Committee was established in 1865 as the Committee on Banking and
    Currency (IV, 4082). In the Committee Reform Amendments of 1974,

    [[Page [440]]]

    effective January 3, 1975, its name was changed to Banking, Currency and
    Housing (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the 95th
    Congress its name was changed to Banking, Finance and Urban Affairs (H.
    Res. 5, Jan. 4, 1977, pp. 53-70). In the 104th Congress its name was
    changed to Banking and Financial Services (sec. 202(a), H. Res. 6, Jan.
    4, 1995, p. 464). In the 107th Congress its name was changed to
    Financial Services in conjunction with its receipt of jurisdiction over
    securities and exchanges (formerly within the jurisdiction of the
    Committee on Energy and Commerce) (sec. 2(d), H. Res. 5, Jan. 3, 2001,
    p. ----).
      The Committee was given much of its present jurisdiction in the
    Legislative Reorganization Act of 1946 (60 Stat. 812), by which it
    absorbed the jurisdiction of the former Committee on Coinage, Weights,
    and Measures (created in 1864) (IV, 4090), except jurisdiction over
    matters relating to the standardization of weights and measures and the
    metric system was given to the Committee on Interstate and Foreign
    Commerce and was later transferred to the Committee on Science and
    Astronautics (now Science) in the 85th Congress (H. Res. 580, July 21,
    1958, p. 14513). In the 92d Congress jurisdiction over the impact on the
    economy of tax-exempt foundations and charitable trusts was transferred
    from the Subcommittee on Foundations of the Select Committee on Small
    Business, along with all that subcommittee's files, to this Committee
    (H. Res. 320, Apr. 27, 1971, p. 12081). Prior to the end of the 93d
    Congress, the Committee had legislative jurisdiction over the problems
    of small business under its general jurisdiction over financial aid to
    commerce and industry; but with the adoption of the Committee Reform
    Amendments of 1974, effective January 3, 1975, that jurisdiction was
    transferred to the standing Committee on Small Business, the permanent
    Select Committee on Small Business was abolished, and this Committee was
    specifically given jurisdiction over Federal monetary policy, money and
    credit, urban development, economic stabilization, defense production,
    and renegotiation (the latter matter formerly within the jurisdiction of
    the Committee on Ways and Means), international finance, and
    international financial and monetary organizations (formerly within the
    jurisdiction of the Committee on International Relations), while
    jurisdiction over the Commodity Credit Corporation was transferred to
    the Committee on Agriculture, jurisdiction over export controls and
    international economic policy to the Committee on International
    Relations, jurisdiction over construction of nursing home facilities to
    what is now the Committee on Energy and Commerce, and jurisdiction over
    urban mass transportation to what is now the Committee on Transportation
    and Infrastructure (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In
    the 104th Congress subparagraphs (2) and (3) were added (sec. 202(a), H.
    Res. 6, Jan. 4, 1995, p. 464). Clerical and stylistic changes were
    effected when the House recodified its rules in the 106th Congress (H.
    Res. 5, Jan. 6, 1999, p. ----). In the 107th Congress jurisdiction over
    securities and exchanges was transferred from the Committee on Energy
    and Commerce to the Committee on Financial Services (sec. 2(d), H. Res.
    5, Jan. 3, 2001,

    [[Page [441]]]

    p. ----). As a result of the new jurisdiction of the Committee on
    Financial Services over securities and exchanges, its former
    jurisdiction over matters relating to bank capital markets activities
    and depository institutions securities activities were deleted as
    redundant (sec. 2(d), H. Res. 5, Jan. 3, 2001, p. ----). In the 107th
    Congress the Committee on Financial Services also received jurisdiction
    over insurance generally (sec. 2(d), H. Res. 5, Jan. 3, 2001, p. ----).
    The Speaker inserted in the Congressional Record a Memorandum of
    Understanding between this Committee and the Committee on Energy and
    Commerce to clarify these jurisdictional changes (Jan. 30, 2001, p. ----
    ). A technical change to subparagraph (6) was effected in the 108th
    Congress (sec. 2(u), H. Res. 5, Jan. 7, 2003, p. ----).
      The Committee has reported on subjects relating to the strengthening
    of public credit, issues of notes, and State taxation and redemption
    thereof (IV, 4084), propositions to maintain the parity of the money of
    the United States (IV, 4089; VII, 1792), the issue of silver
    certificates as currency (IV, 4087, 4088), national banks and current
    deposits of public money (IV, 4083; VII, 1790), the incorporation of an
    international bank (IV, 4086), subjects relating to the Freedman's Bank
    (IV, 4085), and Federal Reserve System, farm loan act, home loan bills,
    stabilization of the dollar, War Finance Corporation, Federal Reserve
    bank buildings (VII, 1793, 1795). The Committee has jurisdiction of
    bills providing consolidation of grant-in-aid programs for urban
    development (Mar. 18, 1970, p. 7887), bills providing for U.S.
    participation in the International Development Association (Mar. 9,
    1960, p. 5046), bills to authorize GSA to acquire land in D.C. for
    transfer to the International Monetary Fund (May 1, 1962, p. 7428),
    bills relating to flood insurance (Dec. 4, 1975, p. 38701), and over an
    executive communication proposing regulations for college housing
    programs (notwithstanding that the requirement for such regulations was
    contained in higher education legislation reported from the Committee on
    Education and Labor) (June 15, 1982, p. 13638).

      (h) Committee on Government Reform.
          (1) <> Federal civil service,
    including intergovernmental personnel; and the status of officers and
    employees of the United States, including their compensation,
    classification, and retirement.
          (2) Municipal affairs of the District of Columbia in general
    (other than appropriations).
          (3) Federal paperwork reduction.
          (4) Government management and accounting measures generally.

    [[Page [442]]]

          (5) Holidays and celebrations.
          (6) Overall economy, efficiency, and management of government
    operations and activities, including Federal procurement.
          (7) National archives.
          (8) Population and demography generally, including the Census.
          (9) Postal service generally, including transportation of the
    mails.
          (10) Public information and records.
          (11) Relationship of the Federal Government to the States and
    municipalities generally.
          (12) Reorganizations in the executive branch of the Government.

      In the 82d Congress the name of this Committee was changed from
    Expenditures in the Executive Departments to Government Operations (July
    3, 1952, p. 9217). In the 104th Congress it was changed to Government
    Reform and Oversight (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464), and
    in the 106th Congress it was changed to Government Reform (H. Res. 5,
    Jan. 6, 1999, p. ----). The former Committee on Expenditures in the
    Executive Departments was established December 5, 1927 (VII, 2041), and
    took the place of 11 separate committees on expenditures in the several
    executive departments. The first of these committees was established in
    1816, and others were added as new departments were created (IV, 4315).
    They reported bills relating to the efficiency and integrity of the
    public service (IV, 4320), and creation and abolition of offices (IV,
    4318).
      In addition to the jurisdiction vested in the Committee by the
    Legislative Reorganization Act of 1946 (60 Stat. 812), the Committee
    Reform Amendments of 1974, effective January 3, 1975, assigned the
    Committee jurisdiction over measures relating to the overall economy and
    efficiency of Government operations and activities, including Federal
    procurement, intergovernmental relationships, and general revenue
    sharing (the latter from the Committee on Ways and Means), and the
    National Archives (from the former Committee on Post Office and Civil
    Service) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the 104th
    Congress (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464), the Committee
    assumed the jurisdictions of the former Committee on the District of
    Columbia (subparas. (2)) and the former Committee on Post Office and
    Civil Service except that relating to the Franking Commission (subparas.
    (1), (5), (8), and (9)); and subparagraphs (3) and (10) were added to
    clarify existing jurisdiction. At the same time the Com

    [[Page [443]]]

    mittee's jurisdiction over measures relating to off-budget treatment of
    agencies or programs, which had been added by the Balanced Budget and
    Emergency Deficit Control Act of 1985 (P.L. 99-177), was transferred to
    the Committee on the Budget. Three rereferrals from the Committee on
    Government Reform and Oversight (now Government Reform) to the Committee
    on the Budget marked this migration of off-budget treatment
    jurisdiction: (1) the Committee on the Budget has primary jurisdiction
    over a bill excluding from the budget the Civil Service Retirement and
    Disability Fund (although the Committee on Government Reform and
    Oversight (now Government Reform) retains programmatic jurisdiction over
    that Fund); (2) the Committee on the Budget has primary jurisdiction
    over a bill excluding from the budget the Highway Trust Fund, the
    Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the
    Harbor Maintenance Trust Fund (although the Committee on Transportation
    and Infrastructure retains programmatic jurisdiction); and (3) the
    Committee on the Budget has secondary jurisdiction over a bill amending
    title 49 of the United States Code and providing off-budget treatment
    for the Highway Trust Fund, the Airport and Airway Trust Fund, the
    Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund (Dec.
    6, 1995, p. 35572). The Committee was also released from jurisdiction
    over measures relating to exemptions from executive orders sequestering
    budget authority, which had been added by the Budget Enforcement Act of
    1990 (tit. XIII, P.L. 101-508). In the 105th Congress any residual
    jurisdiction over budget process was transferred to the Committee on the
    Budget (H. Res. 5, Jan. 7, 1997, p. 121). The 104th Congress assigned
    the Committee its responsibilities to coordinate committee oversight
    plans under clause 2(d) (sec. 203(a), H. Res. 6, Jan. 4, 1995, p. 467).
    In the 104th Congress the Committee was also given the responsibility to
    consider and report recommendations concerning alternatives to
    commemorative legislation, although no such report was made to the House
    (sec. 216(b), H. Res. 6, Jan. 4, 1995, p. 468). Clerical and stylistic
    changes were effected when the House recodified its rules in the 106th
    Congress, including the deletion of a redundant undesignated recitation
    of general and special oversight functions (H. Res. 5, Jan. 6, 1999, p.
    ----).
      The Committee has exercised jurisdiction of bills: establishing the
    Rural Electrification Administration as an independent agency and
    transferring certain functions thereto (Mar. 19, 1959, p. 4692);
    establishing a Commission on Population Growth (Sept. 23, 1969, p.
    26568); establishing a Cabinet Committee on Opportunities for Spanish-
    Speaking Americans (Nov. 24, 1969, p. 35509); providing payment of
    travel costs for Federal employment applicants (Feb. 15, 1967, p. 3466);
    and a bill to rename an existing post office building (Aug. 4, 1995, p.
    22085; Oct. 1, 1998, p. ----), even if the post office building also
    houses a courthouse (Sept. 14, 2000, p. ----). The Committee on
    Transportation and Infrastructure, and not this Committee, has
    jurisdiction over a measure redesignating a general-purpose Federal
    building as a post office (Apr. 24, 1997, p. 22085). The Committee

    [[Page [444]]]

    has exercised jurisdiction over countercyclical programs of revenue-
    sharing grants to State and local governments, such as that contained in
    Title II of the Public Works Employment Act of 1976 (Feb. 1, 1977, p.
    3057). The Committee shares jurisdiction over a bill to facilitate the
    reorganization of an agency by instituting a separation pay program to
    encourage eligible employees to voluntarily resign or retire (Aug. 2,
    1993, p. 18161). The Committee has jurisdiction over a bill explicitly
    waiving the Federal Property and Administrative Services Act and
    directing the Administrator of General Services to convey excess real
    property (Oct. 2, 1998, p. ----). This Committee, and not the Committee
    on the Judiciary, has jurisdiction over a bill authorizing a pay
    adjustment for administrative law judges (July 31, 1991, p. 20677; June
    10, 1999, p. ----).
      The specific subpoena authority conferred upon the Committee in the
    standing rules on February 10, 1947 (p. 942) was superseded by the
    general conferral of subpoena authority on all committees in clause 2(m)
    of rule XI. By the Committee Reform Amendments of 1974, effective
    January 3, 1975, the Committee was given the general function under
    clause 4(c)(1) of examining and reporting upon reports of the
    Comptroller General, evaluating laws reorganizing the legislative and
    executive branches, and studying intergovernmental relationships
    domestically and with international organizations to which the United
    States belongs (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470).

      (i) Committee on House Administration.
          (1) <> Appropriations from
    accounts for committee salaries and expenses (except for the Committee
    on Appropriations); House Information Resources; and allowance and
    expenses of Members, Delegates, the Resident Commissioner, officers, and
    administrative offices of the House.
          (2) Auditing and settling of all accounts described in
    subparagraph (1).
          (3) Employment of persons by the House, including staff for
    Members, Delegates, the Resident Commissioner, and committees; and
    reporters of debates, subject to rule VI.
          (4) Except as provided in paragraph (q)(11), the Library of
    Congress, including management thereof; the House Library; statuary and

    [[Page [445]]]

    pictures; acceptance or purchase of works of art for the Capitol; the
    Botanic Garden; and purchase of books and manuscripts.
          (5) The Smithsonian Institution and the incorporation of similar
    institutions (except as provided in paragraph (q)(11)).
          (6) Expenditure of accounts described in subparagraph (1).
          (7) Franking Commission.
          (8) Printing and correction of the Congressional Record.
          (9) Accounts of the House generally.
          (10) Assignment of office space for Members, Delegates, the
    Resident Commissioner, and committees.
          (11) Disposition of useless executive papers.
          (12) Election of the President, Vice President, Members, Senators,
    Delegates, or the Resident Commissioner; corrupt practices; contested
    elections; credentials and qualifications; and Federal elections
    generally.
          (13) Services to the House, including the House Restaurant,
    parking facilities, and administration of the House Office Buildings and
    of the House wing of the Capitol.
          (14) Travel of Members, Delegates, and the Resident Commissioner.
          (15) Raising, reporting, and use of campaign contributions for
    candidates for office of Representative, of Delegate, and of Resident
    Commissioner.
          (16) Compensation, retirement, and other benefits of the Members,
    Delegates, the Resi

    [[Page [446]]]

    dent Commissioner, officers, and employees of Congress.

      This Committee was created as the Committee on House Administration on
    January 2, 1947, as a part of the Legislative Reorganization Act of 1946
    (60 Stat. 812), combining the Committees on Accounts (created in 1803)
    (IV, 4328), Enrolled Bills (created in 1789) (IV, 4350), Disposition of
    Executive Papers (created in 1889) (IV, 4419), Printing (created in
    1846), Elections (created in 1794 and divided into three committees in
    1895) (IV, 4019), Election of President, Vice President, and
    Representatives in Congress (created in 1893) (IV, 4299), and Memorials
    (created January 3, 1929, VII, 2080).
      The Committee was redesignated as the Committee on House Oversight in
    the 104th Congress, obtaining from the former Committee on Post Office
    and Civil Service jurisdiction over the Franking Commission (also known
    as the House Commission on Congressional Mailing Standards) in
    subparagraph (7), while transferring to the Committee on Resources
    jurisdiction over erection of monuments to the memory of individuals
    (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). References in
    subparagraphs (1) and (2) to the ``contingent fund'' were eliminated
    without changing the Committee's jurisdiction over the accounts that the
    fund comprised. In the 105th Congress subparagraph (1) was amended to
    effect a technical correction (H. Res. 5, Jan. 7, 1997, p. 121). In the
    106th Congress the Committee was redesignated House Administration, and
    the House recodified its rules to effect clerical and stylistic changes,
    including the deletion of a redundant undesignated recitation of general
    and special oversight functions (H. Res. 5, Jan. 6, 1999, p. ----). In
    the 107th Congress the Committee's responsibilities with respect to
    enrolled bills (which were set forth in former clause 4(d)(1)(A) of rule
    X) were transferred to the Clerk (see clause 2(d)(2) of rule II) (sec.
    2(b), H. Res. 5, Jan. 3, 2001, p. ----).

      The <> Committee has jurisdiction
    over measures relating to the House Restaurant, which was first under
    the jurisdiction of the former Committee on Accounts, then under the
    supervision of the Architect of the Capitol (H. Res. 590, 76th Cong.,
    Sept. 5, 1940, p. 11552, as made permanent law by P.L. 76-812, 40 U.S.C.
    174k), and then under the supervision of the Select Committee on the
    House Restaurant (H. Res. 472, 91st Cong., July 10, 1969, p. 19080; H.
    Res. 111, 93d Cong., Feb. 7, 1973, p. 3680), which was not reestablished
    after the 93d Congress.
      By the Committee Reform Amendments of 1974, effective January 3, 1975,
    the Committee obtained jurisdiction over parking facilities of the
    House, a matter formerly assigned to a select committee (subpara. (13))
    (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the 94th Congress
    the Committee was given jurisdiction over campaign contributions to
    candidates for the House, a matter formerly within the jurisdiction of
    the Committee on Standards of Official Conduct (subpara. (15)), and over
    com

    [[Page [447]]]

    pensation, retirement, and other benefits of Members, officers, and
    employees of Congress (subpara. (16)) (H. Res. 5, Jan. 14, 1975, p. 20).
      The Committee has jurisdiction over resolutions authorizing committees
    to employ additional professional and clerical personnel (Feb. 7, 1966,
    p. 2373). The Committee has supervisory authority over the House barber
    shops, beauty shops, House Information Resources, and the Office of
    Placement and Management (the latter formerly within the jurisdiction of
    the former Joint Committee on Congressional Operations and of the former
    Select Committee on Congressional Operations).

      Under <> the Reorganization Act the
    Committee has jurisdiction of some of the subjects formerly within the
    jurisdiction of the Joint Committee on the Library, such as matters
    relating to the Library of Congress and the House Library, statuary and
    pictures, acceptance or purchase of works of art for the Capitol, the
    Botanic Gardens, management of the Library of Congress, purchase of
    books and manuscripts, matters relating to the Smithsonian Institution,
    and the incorporation of similar institutions. Excepted are measures
    relating to the construction or reconstruction, maintenance, and care of
    the buildings and grounds of the Botanic Gardens, the Library of
    Congress, and the Smithsonian Institution, which fall under the
    jurisdiction of the Committee on Transportation (now Transportation and
    Infrastructure). The House Members of the Joint Committee on the
    Library, provided for by law (2 U.S.C. 132b), are elected by resolution
    each Congress.

      The <> Committee has
    jurisdiction of matters relating to printing and correction of the
    Congressional Record, formerly within the jurisdiction of the Committee
    on Printing. The House Members of the Joint Committee on Printing,
    provided for by law (44 U.S.C. 1), are elected by resolution each
    Congress.
      The Committee has jurisdiction of measures relating to the election of
    the President, Vice President, or Members of Congress; corrupt
    practices; contested elections; credentials and qualifications; Federal
    elections generally, and the electoral count, which formerly was within
    the jurisdiction of the Committee on Election of the President, Vice
    President, and Representatives in Congress (IV, 4303).
      The Committee's former responsibility to report on Members' travel was
    supplanted by the function of providing policy direction to and
    oversight of the Clerk, Sergeant-at-Arms, Chief Administrative Officer,
    and Inspector General (sec. 10, H. Res. 423, Apr. 9, 1992, p. 9040; sec.
    201(e), H. Res. 6, Jan. 4, 1995, p. 463; see rule II and Sec. 752,
    infra). In the 107th Congress the Committee retained the responsibility
    to provide policy direction to and oversight of the Inspector General
    but retained only oversight of the remaining officers (sec. 2(g), H.
    Res. 5, Jan. 3, 2001, p. ----).

    [[Page [448]]]

      (j) Committee on International Relations.
          (1) <> Relations of the
    United States with foreign nations generally.
          (2) Acquisition of land and buildings for embassies and legations
    in foreign countries.
          (3) Establishment of boundary lines between the United States and
    foreign nations.
          (4) Export controls, including nonproliferation of nuclear
    technology and nuclear hardware.
          (5) Foreign loans.
          (6) International commodity agreements (other than those involving
    sugar), including all agreements for cooperation in the export of
    nuclear technology and nuclear hardware.
          (7) International conferences and congresses.
          (8) International education.
          (9) Intervention abroad and declarations of war.
          (10) Diplomatic service.
          (11) Measures to foster commercial intercourse with foreign
    nations and to safeguard American business interests abroad.
          (12) International economic policy.
          (13) Neutrality.
          (14) Protection of American citizens abroad and expatriation.
          (15) The American National Red Cross.
          (16) Trading with the enemy.
          (17) United Nations organizations.

      This Committee was established in 1822 (IV, 4162), and from 1885 to
    1920 had authority to report appropriations. In the 94th Congress the
    name

    [[Page [449]]]

    of the Committee was changed from Foreign Affairs to International
    Relations (H. Res. 163, Mar. 19, 1975, p. 7343). In the 96th Congress it
    was changed back to Foreign Affairs (H. Res. 89, Feb. 5, 1979, p. 1848).
    In the 104th Congress the name was again changed to International
    Relations (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464).
      In addition to the jurisdiction vested in the Committee by the
    Legislative Reorganization Act of 1946 (60 Stat. 812), the Committee
    Reform Amendments of 1974, effective January 3, 1975, gave the Committee
    jurisdiction over measures relating to: international economic policy
    (subpara. (12)) and export controls (subpara. (4)), matters formerly
    within the jurisdiction of the Committee on Banking and Currency (now
    Financial Services); international commodity agreements other than sugar
    (subpara. (6)), formerly within the jurisdiction of the Committee on
    Agriculture; trading with the enemy (subpara. (16)), formerly within the
    jurisdiction of the Committee on Interstate and Foreign Commerce (now
    Energy and Commerce); and international education (subpara. (8)); while
    transferring jurisdiction over international financial and monetary
    organizations to the Committee on Banking and Currency (now Financial
    Services), and jurisdiction over international fishing agreements to the
    Committee on Merchant Marine and Fisheries (now Resources) (H. Res. 988,
    93d Cong., Oct. 8, 1974, p. 34470). When the legislative jurisdiction in
    the House of the Joint Committee on Atomic Energy was abolished in the
    95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), the Committee was
    given jurisdiction over nonproliferation of nuclear technology and
    hardware (subpara. (4)), and over international agreements on nuclear
    exports (subpara. (6)). Clerical and stylistic changes were effected
    when the House recodified its rules in the 106th Congress, including the
    deletion of a redundant undesignated recitation of general and special
    oversight functions (H. Res. 5, Jan. 6, 1999, p. ----).
      It has a broad jurisdiction over foreign relations, including bills to
    establish boundary lines between the United States and foreign nations,
    to determine naval strengths, and to regulate bridges and dams on
    international waters (IV, 4166; see also the ``General Bridge Act,'' 33
    U.S.C. 525, 533), for the protection of American citizens abroad and
    expatriation (IV, 4169; VII, 1883), for extradition with foreign
    nations, for international arbitration, relating to violations of
    neutrality (IV, 4178a), international conferences and congresses (IV,
    4177; VII, 1884), the incorporation of the American National Red Cross
    and protection of its insignia (IV, 4173), intervention abroad and
    declarations of war (IV, 4164; VII 1880), affairs of the consular
    service, including acquisition of land and buildings for legations in
    foreign capitals (IV, 4163; VII, 1879), creation of courts of the United
    States in foreign countries (IV, 4167), treaty regulations as to
    protection of fur seals (IV, 4170), matters relating to the Philippines
    (see 60 Stat. 315), and measures establishing a District of Columbia
    corporation to support private American organizations engaged in
    communications with foreign nations (June 21, 1971, p. 21062).

    [[Page [450]]]

      The Committee has also considered measures for fostering commercial
    intercourse with foreign nations and for safeguarding American business
    interests abroad (IV, 4175), and even the subjects of commercial
    treaties and reciprocal arrangements (IV, 4174), although in later
    practice the Committee on Ways and Means has considered such matters
    (IV, 4021). The Committee has exercised a general but not exclusive
    jurisdiction over legislation relating to claims having international
    relations (IV, 4168; VII, 1882). Pursuant to its jurisdiction over
    international education, the Committee (and not former Committee on
    Education and Labor) has exercised jurisdiction over bills establishing
    scholarship programs for foreign students (May 10, 1988, p. 10305). The
    Committee has jurisdiction over a communication from the President
    notifying the House, consistent with the War Powers Resolution, of the
    deployment abroad of U.S. armed forces to participate in an embargo
    against another nation (Nov. 4, 1993, p. 27393).
      The special oversight function of the Committee set forth in clause
    3(d) of rule X (current clause 3(f) of rule X) was made effective
    January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470).

      (k) Committee on the Judiciary.
          (1) <> The judiciary and judicial
    proceedings, civil and criminal.
          (2) Administrative practice and procedure.
          (3) Apportionment of Representatives.
          (4) Bankruptcy, mutiny, espionage, and counterfeiting.
          (5) Civil liberties.
          (6) Constitutional amendments.
          (7) Federal courts and judges, and local courts in the Territories
    and possessions.
          (8) Immigration and naturalization.
          (9) Interstate compacts generally.
          (10) Claims against the United States.
          (11) Meetings of Congress; attendance of Members, Delegates, and
    the Resident Commissioner; and their acceptance of incompatible offices.
          (12) National penitentiaries.

    [[Page [451]]]

          (13) Patents, the Patent and Trademark Office, copyrights, and
    trademarks.
          (14) Presidential succession.
          (15) Protection of trade and commerce against unlawful restraints
    and monopolies.
          (16) Revision and codification of the Statutes of the United
    States.
          (17) State and territorial boundary lines.
          (18) <> Subversive activities
    affecting the in-
    ternal security of the United States.

      This Committee dates from 1813 (IV, 4054). The essential jurisdiction
    defined in the rule was made effective January 2, 1947, as a part of the
    Legislative Reorganization Act of 1946 (60 Stat. 812), and combined the
    Committees on Revision of Laws (created 1868, IV, 4293), Patents
    (created in 1837) (IV, 4254), Immigration and Naturalization (created in
    1893) (IV, 4309), Claims (created in 1794) (IV, 4262), and War Claims
    (created in 1883) (IV, 4269). By the Committee Reform Amendments of
    1974, effective January 3, 1975, the Committee's jurisdiction over
    holidays and celebrations was transferred to the former Committee on
    Post Office and Civil Service (now under Government Reform) (H. Res.
    988, 93d Cong., Oct. 8, 1974, p. 34470). In the 94th Congress the
    Committee on Internal Security was abolished and jurisdiction over
    communist and other subversive activities affecting the internal
    security of the United States was transferred to this Committee
    (subpara. (18)) (H. Res. 5, Jan. 14, 1975, p. 20), though an
    accompanying provision for the transfer of records and staff of the
    Internal Security Committee to the Judiciary Committee was deleted as
    obsolete in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), and
    the specific reference to communism was deleted as unnecessary in the
    104th Congress (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). The 104th
    Congress also inserted ``the judiciary'' in subparagraph (1); added
    subparagraph (2) for clarification; combined former subparagraphs (6)
    and (9) in a new subparagraph (7); and combined former subparagraphs
    (13) and (14) in a new subparagraph (13) (sec. 202(a), H. Res. 6, Jan.
    4, 1995, p. 464). Clerical and stylistic changes were effected when the
    House recodified its rules in the 106th Congress, including an update of
    a reference to the Patent and Trademark Office (H. Res. 5, Jan. 6, 1999,
    p. ----).
      Under subparagraph (14) the Committee has jurisdiction over
    Presidential nominations to fill vacancies in the Office of Vice
    President, submitted pursuant to the 25th amendment to the Constitution
    (Oct. 13, 1973, p. 34032; Aug. 20, 1974, p. 29366). The Committee has
    reported Articles of Impeachment of the President (Aug. 20, 1974, pp.
    29219-81; Dec. 17,

    [[Page [452]]]

    1998, p. ----). Where the House has voted impeachment, members of the
    Committee have been appointed as managers on the part of the House in
    presenting the charges to the Senate for trial (H. Res. 501, 99th Cong.,
    July 22, 1986, p. 17306; H. Res. 511, 100th Cong., Aug. 3, 1988, p.
    20223; H. Res. 12, 101st Cong., Jan. 3, 1989, p. 84; Dec. 19, 1998, p.
    ----; Jan. 6, 1999, p. ----).
      The Committee on the Judiciary considers charges against judges of the
    Federal courts (IV, 4062), legislative propositions relating to the
    service of the Department of Justice (IV, 4067), bills relating to local
    courts in the District of Columbia, Alaska, and the territories (IV,
    4068), the establishment of a court of patent appeals (IV, 4075),
    relations of labor to courts and corporations (IV, 4072), crimes,
    penalties, extradition (IV, 4069; VII, 1747), construction and
    management of national penitentiaries (IV, 4070), matters relating to
    trusts and corporations (IV, 4057, 4059, 4060; VII, 1764), claims of
    States against the United States (IV, 4080), general legislation
    relating to international and other claims (IV, 4078, 4079, 4081),
    including measures extending the terms of members of the Foreign Claims
    Settlement Commission (Nov. 14, 1991, p. 32130), bills relating to the
    Office of President (IV, 4077), to the flag (IV, 4055), bankruptcy (IV,
    4065), removal of political disabilities (IV, 4058), prohibition of
    traffic in intoxicating liquors (IV, 4061; VII, 1773), mutiny and
    willful destruction of vessels (IV, 4145), counterfeiting (IV, 4071;
    VII, 1753), settlement of State and territorial boundary lines (IV,
    4060; VII, 1768), meeting of Congress and attendance of Members and
    their acceptance of incompatible offices (IV, 4077, VI, 65).
      The Committee also has jurisdiction over joint resolutions proposing
    amendments to the Constitution (IV, 4056; VII, 1779). It also reports on
    important questions of law relating to subjects naturally within the
    jurisdiction of other committees (IV, 4063). Although the Committee has
    historically exercised jurisdiction over lobbying activities, the
    Committee on Standards of Official Conduct was assigned such
    jurisdiction during a brief period (H. Res. 1031, 91st Cong., July 8,
    1970, p. 23141; H. Res. 5, 94th Cong., Jan. 14, 1975, p. 20).
      The Committee also has jurisdiction over bills regulating the
    authority of States to impose taxes on interstate commerce (June 18,
    1959, p. 11317), imposing conflict of interest standards and civil and
    criminal penalties relating thereto on government employees (Feb. 25,
    1960, p. 3484), establishing an Academy of Criminal Justice (Apr. 5,
    1965, p. 6822), to eliminate racketeering in the interstate sale of
    cigarettes (Feb. 9, 1972, p. 3429), providing workmen's compensation for
    non-Federal firemen killed during civil disorder (May 6, 1968, p.
    11798), authorizing the Attorney General to consent to a modification of
    a certain trust on behalf of the Library of Congress (Aug. 17, 1959, p.
    16051), amending an omnibus pension act to increase the amount of
    pension granted a certain class of persons (Feb. 15, 1960, p. 2523), and
    imposing criminal sanctions under the Controlled Substances Act (Nov.
    14, 1983, p. 32457). The Committee has exclusive

    [[Page [453]]]

    jurisdiction over the Legal Services Corporation (Nov. 19, 1975, p.
    37288) and over the extension of workmen's benefits to non-Federal
    policemen and firemen (Dec. 12, 1975, p. 40204). The Committee has
    exercised jurisdiction, with the Committee on Education and Labor (now
    Education and the Workforce), over bills to amend the Walsh-Healey Act
    regarding hours of work under government contracts (May 15, 1985, p.
    11946). This Committee, and not the Committee on Public Works and
    Transportation (now Transportation and Infrastructure), exercised
    jurisdiction over a bill extending the authority for the Marshal of the
    Supreme Court and the Supreme Court Police to protect the Chief Justice,
    Associate Justices, officers, and employees of the Supreme Court beyond
    its building and grounds (Nov. 22, 1993, p. 32074). The Committee on
    Government Reform, and not this Committee, has jurisdiction over pay
    adjustments for administrative law judges (July 31, 1991, p. 20677; June
    10, 1999, p. ----).
      The Committee has the general oversight responsibility set forth in
    clause 2(b).

      (l) Committee on Resources.
          (1) <> Fisheries and wildlife,
    including research, restoration, refuges, and conservation.
          (2) Forest reserves and national parks created from the public
    domain.
          (3) Forfeiture of land grants and alien ownership, including alien
    ownership of mineral lands.
          (4) Geological Survey.
          (5) International fishing agreements.
          (6) Interstate compacts relating to apportionment of waters for
    irrigation purposes.
          (7) Irrigation and reclamation, including water supply for
    reclamation projects and easements of public lands for irrigation
    projects; and acquisition of private lands when necessary to complete
    irrigation projects.
          (8) Native Americans generally, including the care and allotment
    of Native American lands and general and special measures relat

    [[Page [454]]]

    ing to claims that are paid out of Native American funds.
          (9) Insular possessions of the United States generally (except
    those affecting the revenue and appropriations).
          (10) Military parks and battlefields, national cemeteries
    administered by the Secretary of the Interior, parks within the District
    of Columbia, and the erection of monuments to the memory of individuals.
          (11) Mineral land laws and claims and entries thereunder.
          (12) Mineral resources of public lands.
          (13) Mining interests generally.
          (14) Mining schools and experimental stations.
          (15) Marine affairs, including coastal zone management (except for
    measures relating to oil and other pollution of navigable waters).
          (16) Oceanography.
          (17) Petroleum conservation on public lands and conservation of
    the radium supply in the United States.
          (18) Preservation of prehistoric ruins and objects of interest on
    the public domain.
          (19) Public lands generally, including entry, easements, and
    grazing thereon.
          (20) Relations of the United States with Native Americans and
    Native American tribes.
          (21) Trans-Alaska Oil Pipeline (except ratemaking).

      The Committee on Public Lands was created in 1805 (IV, 4194). Its name
    has since been changed to Interior and Insular Affairs (Feb. 2, 1951, p.

    [[Page [455]]]

    883); to Natural Resources (H. Res. 5, Jan. 5, 1993, p. 49); and to
    Resources (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464).
      The core of the jurisdiction reflected in this paragraph was assigned
    to the Committee effective January 2, 1947, as a part of the Legislative
    Reorganization Act of 1946 (60 Stat. 812), which consolidated in this
    Committee the jurisdictions of the former Committees on Mines and Mining
    (created in 1865) (IV, 4223), Insular Affairs (created in 1899) (IV,
    4213), Irrigation and Reclamation (created in 1893) (IV, 4307), Indian
    Affairs (created in 1821) (IV, 4204), and territories (created in 1825)
    (IV, 4208), though vesting the subject of welfare of men working in
    mines, formerly under the jurisdiction of the Committee on Mines and
    Mining, in the Committee on Education and Labor (now Education and the
    Workforce). Until the Reorganization Act, military parks, battlefields,
    and national cemeteries were under jurisdiction of the Committee on
    Military Affairs. Jurisdiction over cemeteries of the United States in
    which veterans may be buried, except those administered by the Secretary
    of the Interior, was transferred to the Committee on Veterans' Affairs
    in the 90th Congress (H. Res. 241, Oct. 20, 1967).
      In Committee Reform Amendments of 1974, effective January 3, 1975, the
    Committee gained jurisdiction over parks within the District of
    Columbia, formerly within the jurisdiction of the Committee on Public
    Works and Transportation (now Transportation and Infrastructure)
    (subpara. (10)), and lost specific jurisdiction over Indian education
    and over Hawaii and Alaska, generally (H. Res. 988, 93d Cong., Oct. 8,
    1974, p. 34470). By that same resolution, the Committee was given
    special oversight functions in clause 3.
      The 104th Congress expanded the jurisdiction of the Committee by:
    adding subparagraphs (1), (5), (15), and (16) to reflect the transfer of
    those matters from the former Committee on Merchant Marine and
    Fisheries; inserting the subject of monuments in memory of individuals
    in subparagraph (10) to reflect the transfer of that matter from the
    Committee on House Administration; adding subparagraph (21), an
    exceptional treatment of pipeline jurisdiction otherwise vested in the
    Committee on Transportation and Infrastructure; and deleting the subject
    of regulation of the domestic nuclear energy industry to reflect the
    transfer of that jurisdiction, which this Committee had acquired when
    the 95th Congress abolished the Joint Committee on Atomic Energy (H.
    Res. 5, Jan. 4, 1977, pp. 53-70) and which it shared with the Committee
    on Energy and Commerce, to the Committee on Energy and Commerce (sec.
    202(a), H. Res. 6, Jan. 4, 1995, p. 464). At the same time, the
    statements of special oversight functions formerly found in this
    paragraph and in former paragraph (e) of this clause were adjusted to
    reflect the transfer of nonmilitary nuclear energy and research and
    development including disposal of nuclear waste from this Committee to
    the Committee on Energy and Commerce, though conforming changes in
    former paragraphs (e) and (h) of clause 3 were inadvertently omitted.
    Clerical and stylistic changes were effected when the

    [[Page [456]]]

    House recodified its rules in the 106th Congress, (H. Res. 5, Jan. 6,
    1999, p. ----).
      The Committee reports on subjects relating to the mineral resources of
    the public lands (IV, 4202), forfeiture of land grants and alien
    ownership (IV, 4201), validation of certain conveyances of erstwhile
    public lands by a railway company (July 11, 1995, p. 18397), public
    lands of Alaska (IV, 4196), forest reserves (IV, 4197), and national
    parks created out of the public domain (IV, 4199; VII, 1925), including
    measures relating to criminal trespass provisions applying only within
    national forests created from the public domain (July 18, 1977, p.
    23434); to admission of States (IV, 4208); to preservation of
    prehistoric ruins and objects of interest on the public domain (IV,
    4199); and sometimes to projects of general legislation relating to
    various classes of land claims (IV, 4203). The Committee also has
    jurisdiction over the following bills: to dispose of proceeds from oil
    shale on public lands (other than naval oil shale reserves) (Aug. 3,
    1967, p. 21179); to exclude certain lands in the Outer Continental Shelf
    from mineral leasing provisions of the Outer Continental Shelf Lands Act
    (May 16, 1963, p. 8777); to reinstate a U.S. oil and gas lease (Aug. 5,
    1959, p. 15190); to address U.S. claims to lands along the Colorado
    River forming State boundaries (June 28, 1967, p. 17738); to designate
    national forest lands created from the public domain as wilderness (May
    6, 1969, p. 11459); to include additional units in the Missouri River
    Basin project (Sept. 8, 1959, p. 18587); to establish a commission on
    development of Pennsylvania Avenue in D.C. as a national historic site
    (Oct. 21, 1965, p. 27803); to authorize the Secretary of the Interior to
    conduct a feasibility investigation of potential water resource
    development (May 1, 1975, p. 12764); to establish a commission to
    consider the creation of a (Hudson) River compact (July 21, 1975, p.
    23653); to name a building constructed as part of a Federal recreation
    area (June 8, 1988, p. 13803); to address the siting on Federal parkland
    of an established national memorial (Sept. 24, 1991, p. 23731); (with
    the Committee on Agriculture) to exchange a Federal tree nursery for
    certain State mining patents touching a public domain (western) forest
    (Sept. 17, 1991, p. 23193); and to transfer interest in a National
    Oceanic and Atmospheric Administration fisheries research laboratory
    (Oct. 1, 2002, p. ----). The Committee on National Security (now Armed
    Services), and not this Committee, has jurisdiction over the transfer of
    military property to a State to be designated by the State as a
    wilderness area (Nov. 15, 1995, p. 32627). The Committee on Agriculture,
    and not this Committee, has jurisdiction over the designation of an
    agricultural research center (May 14, 1996, p. 11070). The Committee on
    Education and the Workforce, and not this Committee, has jurisdiction
    over a bill amending the Native American Programs Act of 1974 (an Indian
    education matter) (Oct. 30, 1997, p. ----).
      The authority of the Committee to report as privileged bills for the
    forfeiture of land grants to railroad and other corporations, bills
    preventing speculation in the public lands, bills for the preservation
    of the public lands

    [[Page [457]]]

    for the benefit of actual and bona fide settlers, and bills for the
    admission of new States was eliminated in the Committee Reform
    Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470).

      (m) Committee on Rules.
          (1) <> Rules and joint rules (other than
    those relating to the Code of Official Conduct) and the order of
    business of the House.
          (2) Recesses and final adjournments of Congress.

      This Committee, which had existed as a select committee from 1789,
    became a standing committee in 1880 (IV, 4321; VII, 2047). The
    jurisdiction defined in this paragraph became effective January 2, 1947,
    as a part of the Legislative Reorganization Act of 1946 (60 Stat. 812).
    Clerical and stylistic changes were effected when the House recodified
    its rules in the 106th Congress, including the deletion of a redundant
    undesignated pararaph permitting the Committee to sit during sessions of
    the House (H. Res. 5, Jan. 6, 1999, p. ----). That undesignated
    paragraph, originally designated as subparagraph (3) (H. Res. 5, Jan. 5,
    1993, p. 49), was derived from section 134(c) of the Legislative
    Reorganization Act of 1946, even though the Committee had authority to
    sit during sessions of the House since 1893 (IV, 4546). Effective
    January 3, 1975, however, the authority for all committees to sit and
    act whether the House is in session or has adjourned rendered this
    provision obsolete (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470).
      The Speaker was first made a member of the Committee in 1858 (IV,
    4321), and ceased to be a member on March 19, 1910 (VII, 2047). However,
    the Legislative Reorganization Act of 1946 deleted from the former rule
    the prohibition against the Speaker serving on the Committee. The size
    of the Committee was increased from 12 to 15 members for the 87th
    Congress (Jan. 31, 1961, p. 1589), and the increase in the Committee's
    size was incorporated as a part of the rules in the 88th Congress (Jan.
    9, 1963, p. 14). Effective January 3, 1975, however, the rules were
    amended to eliminate prescriptions of committee sizes (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470), and in the 94th through the 98th
    Congresses 16 Members were named to the Committee on nominations from
    the respective party caucuses (see, e.g., H. Res. 76, Jan. 20, 1975, p.
    803; H. Res. 101, Jan. 28, 1975, p. 1611), and in the 99th through 101st
    Congresses, 13 Members were named to the Committee on nominations from
    the respective party caucuses (see, e.g., H. Res. 34, 35, Jan. 30, 1985,
    pp. 1271, 1273).
      The subject of recesses and adjournments was formerly under the
    jurisdiction of the Committee on Ways and Means. In section 402(b) of
    the

    [[Page [458]]]

    Congressional Budget Act of 1974 (P.L. 93-344, July 12, 1974), the
    Committee was given specific authority to report emergency waivers of
    the required reporting date for bills and resolutions authorizing new
    budget authority. That authority was incorporated into this rule,
    effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470), but was repealed as obsolete in the 102d Congress (H. Res. 5,
    Jan. 3, 1991, p. 39). Jurisdiction over rules relating to official
    conduct and financial disclosure was transferred to the Committee on
    Standards of Official Conduct on April 3, 1968 (H. Res. 1099, 90th
    Cong.), but in the 95th Congress, jurisdiction over rules relating to
    financial disclosure by Members, officers, and employees of the House
    was returned to this Committee (H. Res. 5, Jan. 4, 1977, pp. 53-70).
      The jurisdiction of this Committee is primarily over propositions to
    make or change the rules (V, 6770, 6776; VII, 2047), for the creation of
    committees (IV, 4322; VII, 2048), and directing them to make
    investigations (IV, 4322-4324; VII, 2048). Effective January 3, 1975,
    however, the authority for all committees to conduct investigations and
    studies was made a part of the standing rules (clause 1(b) of rule XI),
    as was the authority to issue subpoenas (clause 2(m) of rule XI) (H.
    Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The Committee also reports
    resolutions relating to the hour of daily meeting and the days on which
    the House shall sit (IV, 4325), and orders relating to the use of the
    galleries during the electoral count (IV, 4327). The chairman of the
    Committee on the Budget inserted in the Congressional Record a
    Memorandum of Understanding between this Committee and the Committee on
    the Budget to clarify each Committee's jurisdiction over the
    congressional budget process (Jan. 4, 1995, p. 617). The Committee on
    the Budget has primary jurisdiction, and this Committee has additional
    jurisdiction, over a bill amending the Budget Act to establish new
    legislative points of order and directing that the President include a
    specified matter with his budget (Feb. 14, 2001, p. ----).

      Since <> 1883 the
    Committee on Rules has reported special orders providing times and
    methods for consideration of individual bills or classes of bills,
    thereby enabling the House by majority vote to forward particular
    legislation, instead of being forced to use for the purpose the motion
    to suspend the rules, which requires a two-thirds vote (IV, 3152; V,
    6870; for forms of, IV, 3238-3263).
      Special orders may still be made by suspension of the rules (IV, 3154)
    or by unanimous consent (IV, 3165, 3166; VII, 758); but it is not in
    order, by motion in the House, to provide that a subject be made a
    special order by a motion to postpone to a day certain (IV, 3164).
    Before the adoption of rules, and consequently before there is a rule as
    to the order of business, the Speaker may recognize a Member to offer by
    direction of the caucus of the majority party for immediate
    consideration a special order providing for the consideration in the
    House of a subsequent resolution to adopt rules for the new Congress (H.
    Res. 5, Jan. 4, 1995, p. 447). A special

    [[Page [459]]]

    order reported by the Committee on Rules must be agreed to by a majority
    vote of the House (IV, 3169).
      It is not in order to move to postpone a special order providing for
    the consideration of a class of bills (V, 4958), but a bill which comes
    before the House by the terms of a special order merely assigning the
    day for its consideration may be postponed by a majority vote (IV, 3177-
    3182). A motion to rescind a special order is not privileged under the
    rules regulating the order of business (IV, 3173, 3174; V, 5323).
      A motion to amend the rules of the House does not present a question
    of privilege (VIII, 3377, overruling VIII, 3376; see also rule IX and
    Sec. 706, supra), and it is not in order by raising a question of the
    privileges of the House under rule IX to move to direct the Committee on
    Rules to consider a request to report a special order of business
    (Speaker Albert, June 27, 1974, p. 21599), or to direct the Committee on
    Rules to meet, to elect a temporary chairman (in the temporary absence
    of the chairman) and consider special orders of business (Speaker
    Albert, July 31, 1975, p. 26250).
      For further discussion of the Committee on Rules, see Sec. Sec. 857-
    859, infra.

      (n) Committee on Science.
          (1) <> All energy research, development,
    and demonstration, and projects therefor, and all federally owned or
    operated nonmilitary energy laboratories.
          (2) Astronautical research and development, including resources,
    personnel, equipment, and facilities.
          (3) Civil aviation research and development.
          (4) Environmental research and development.
          (5) Marine research.
          (6) Commercial application of energy technology.
          (7) National Institute of Standards and Technology,
    standardization of weights and measures, and the metric system.
          (8) National Aeronautics and Space Administration.
          (9) National Space Council.

    [[Page [460]]]

          (10) National Science Foundation.
          (11) National Weather Service.
          (12) Outer space, including exploration and control thereof.
          (13) Science scholarships.
          (14) Scientific research, development, and demonstration, and
    projects therefor.

      The standing Committee on Science and Astronautics was established in
    the 85th Congress and given jurisdiction formerly vested in a Select
    Committee on Astronautics and Space Exploration established a few months
    earlier (Mar. 5, 1958, p. 3443), as well as the former jurisdiction of
    the Committee on Interstate and Foreign Commerce (now Energy and
    Commerce) over the Bureau of Standards (now the National Institute of
    Standards and Technology) and science scholarships (July 21, 1958, p.
    14513). By the Committee Reform Amendments of 1974, effective January 3,
    1975, the Committee was redesignated as the Committee on Science and
    Technology and given additional jurisdiction over civil aviation
    research and development, environmental research and development,
    nonnuclear energy research and development, and the National Weather
    Service (now part of the National Oceanic and Atmospheric
    Administration) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). At the
    same time the Committee was given the general and special oversight
    functions set forth in clause 2(b) and former clause 3(f) (current
    clause 3(j)). When the House abolished the Joint Committee on Atomic
    Energy in the 95th Congress, this Committee was given jurisdiction over
    nuclear research and development, as well (H. Res. 5, Jan. 4, 1977, pp.
    53-70). Its jurisdiction over energy research and development (now
    subpara. (1)) was amended in the 96th Congress, effective January 3,
    1981, to specifically include energy demonstration projects and
    federally owned nonmilitary energy laboratories (H. Res. 549, Mar. 25,
    1980, pp. 6405-10). In the 100th Congress, the Committee was
    redesignated as the Committee on Science, Space, and Technology (H. Res.
    5, Jan. 6, 1987, p. 6). In the 103d Congress the jurisdictional
    statement of the Committee was updated to reflect the renaming of
    executive branch entities (H. Res. 5, Jan. 5, 1993, p. 49). The 104th
    Congress again renamed the Committee as the Committee on Science and
    expanded its jurisdiction by adding subparagraph (5), from the former
    Committee on Merchant Marine and Fisheries, and subparagraph (6), from
    the Committee on Energy and Commerce (sec. 202(a), H. Res. 6, Jan. 4,
    1995, p. 464). Clerical and stylistic changes were effected when the
    House recodified its rules in the 106th Congress, including the deletion
    of a redundant undesignated recitation of general and special oversight
    functions (H. Res. 5, Jan. 6, 1999, p. ----).

    [[Page [461]]]

      The Committee has jurisdiction over proposals dealing with U.S.
    participation in the World Science Pan-Pacific Exposition (June 24,
    1959, p. 11810); over a resolution condemning Soviet Union internal
    exile of an individual, and recommending that Government agencies
    including NASA, the National Bureau of Standards and the National
    Science Foundation defer official travel to that country (Jan. 30, 1980,
    p. 1320); with the Committees on Armed Services and Interior and Insular
    Affairs (now Resources), over bills to test the commercial viability of
    oil shale technologies within the naval oil shale reserves or on other
    public lands (Sept. 26, 1978, p. 31623); and with four other committees
    over a bill coordinating Federal agencies' research into ground water
    contamination, including that done by the Environmental Protection
    Agency (Mar. 15, 1989, p. 4163). The Committee on Resources, and not
    this Committee, has jurisdiction over a bill transferring interest in a
    National Oceanic and Atmospheric Administration fisheries research
    laboratory (Oct. 1, 2002, p. ----).

      (o) Committee on Small Business.
          (1) <> Assistance to and
    protection of small business, including financial aid, regulatory
    flexibility, and paperwork reduction.
          (2) Participation of small-business enterprises in Federal
    procurement and Government contracts.

      A Select Committee on Small Business was first established in the 77th
    Congress (H. Res. 294, pp. 9418-28) and was reconstituted each Congress
    thereafter by resolution reported from the Committee on Rules until made
    permanent in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144).
      The Committee Reform Amendments of 1974 established a standing
    Committee on Small Business, effective January 3, 1975, and vested it
    with legislative jurisdiction formerly held by the Committee on Banking
    and Currency (now Financial Services) (subpara. (1)) and the Committee
    on the Judiciary (subpara. (2)) (H. Res. 988, 93d Cong., Oct. 8, 1974,
    p. 34470). At the same time the general and special oversight functions
    were set forth in clause 2(b) and in former clause 3(g) (current clause
    3(k)). The 104th Congress expanded the jurisdiction of the Committee
    over assistance to and protection of small business by inserting the
    references to regulatory flexibility and paperwork reduction in
    subparagraph (1) (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464; see also
    Feb. 9, 1995, p. 4328) and later effected a technical correction (H.
    Res. 254, Nov. 30, 1995, p. 35077). Clerical and stylistic changes were
    effected when the House recodified its rules in the 106th Congress,
    including the deletion of a redundant

    [[Page [462]]]

    undesignated recitation of general and special oversight functions (H.
    Res. 5, Jan. 6, 1999, p. ----).

      (p) Committee on Standards of Official Conduct.
          The Code of Official Conduct.

      In <> the 90th
    Congress the Committee on Standards of Official Conduct was established
    as a standing committee (H. Res. 418, Apr. 13, 1967, p. 9425). Its
    precursor was the Select Committee on Standards and Conduct, created in
    the 89th Congress (H. Res. 1013, Oct. 19, 1966, pp. 27713-30). At
    various times in its history, the legislative jurisdiction of the
    Committee has included jurisdiction over measures relating to (1)
    financial disclosure by Members, officers, and employees of the House
    (H. Res. 1099, 90th Cong., Apr. 3, 1968, p. 8776); (2) the raising,
    reporting, and use of campaign contributions for candidates for the
    House (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470); and (3) lobbying
    activities (H. Res. 1031, 91st Cong., July 8, 1970, p. 23141). However,
    legislative jurisdiction over measures relating to financial disclosure
    was transferred to the Committee on Rules in the 95th Congress (H. Res.
    5, Jan. 4, 1977, pp. 53-70); legislative jurisdiction over measures
    relating to campaign contributions for candidates for the House was
    transferred to House Administration, and legislative jurisdiction over
    measures relating to lobbying activities was removed from the Committee
    (thereby devolving on the Committee on the Judiciary) in the 94th
    Congress (H. Res. 5, Jan. 14, 1975, p. 20). Clerical and stylistic
    changes were effected when the House recodified its rules in the 106th
    Congress, including the deletion of a redundant undesignated recitation
    of general and special functions (H. Res. 5, Jan. 6, 1999, p. ----).
      Two rules relating to the official conduct of Members outside the
    confines of rule XXIII, the ``Code of Official Conduct,'' are as
    follows: rule XXIV, limitations on use of official funds, and rule XXV,
    limitations on outside earned income and acceptance of gifts.
      Under clause 5(a) of rule XIII, the Committee is empowered to report
    as privileged resolutions recommending action by the House of
    Representatives with respect to the official conduct of an individual
    Member, officer, or employee of the House.
      In addition to its legislative jurisdiction, the Committee has the
    general oversight responsibility set forth in clause 2(b) and the
    additional functions of conducting the investigations and making the
    reports and recommendations required by clause 5 of rule XIII or by
    resolution of the House (see, e.g., H. Res. 252, 95th Cong., Feb. 9,
    1977, pp. 3966-75, directing investigation of gifts from Korean
    Government; H. Res. 1042, 94th Cong., Feb. 16, 1976, pp. 3158-61,
    directing investigation of unauthorized publication of report of Select
    Committee on Intelligence; and H. Res. 608, 96th Cong., Mar. 27, 1980,
    pp. 6995-98, relating to ``Abscam'').

    [[Page [463]]]

      The Committee has investigated roll call procedures in the House and
    recommended installation of a modernized voting system (June 19, 1969,
    p. 16629). In the 95th Congress the Committee was authorized by section
    515 of Public Law 95-105 to act as the ``employing agency'' for the
    House of Representatives under the Foreign Gifts and Decorations Act,
    and the Committee promulgated regulations under that statute concerning
    acceptance of foreign gifts and decorations by Members and employees
    (Jan. 23, 1978, p. 452). In the 96th Congress the Committee was assigned
    as additional responsibilities the functions designated in title I of
    the Ethics in Government Act of 1978 (P.L. 95-521) relating to the
    administration of government ethics laws as they apply to Members,
    officers, and employees of the House (H. Res. 5, Jan. 15, 1979, p. 7).
    In the 102d Congress those responsibilities were enlarged to include
    also the functions designated in title V of the Act and the specified
    sections of title 5, United States Code (H. Res. 5, Jan. 3, 1991, p.
    39).
      The Committee has compiled statutory and rule-based ethical standards
    in the House Ethics Manual (102d Cong., 2d Sess.). In the Manual, the
    Committee incorporates its advisory opinions issued under clause 3(a)(4)
    of rule XI, together with advisory opinions issued by the former Select
    Committee on Ethics, in its discussions of various ethical issues,
    including gifts, outside income, financial disclosure, staff rights and
    duties, official allowances and franking, casework considerations,
    campaign financing and practices, and involvement with official and
    unofficial organizations. The committee has also compiled a complete
    statement of the rules on gifts and travel, which supersedes Chapter 2
    of the 1992 House Ethics Manual (Gifts and Travel, 106th Cong., 2d
    Sess.).
      In the 95th <> Congress, the House established a Select Committee on Ethics
    and granted it exclusive legislative jurisdiction over bills that
    incorporated into permanent law provisions of House rules addressing
    financial ethics of Members, officers, and employees (H. Res. 383, Mar.
    9, 1977, pp. 6811-16). The Select Committee was also granted
    jurisdiction to promulgate implementing regulations and to issue
    advisory opinions. The resolution creating the Select Committee provided
    that it would expire on December 31, 1977, but the Committee and its
    functions ultimately were extended through the completion of its
    official business (H. Res. 871, Oct. 31, 1977, p. 35957). The advisory
    opinions compiled by the former Select Committee on Ethics have been
    incorporated in the House Ethics Manual (102d Cong., 2d Sess.).
      In the 105th Congress a new subparagraph (3) was added at the end of
    former clause 4(e) of rule X to establish a Select Committee on Ethics
    only to resolve an inquiry originally undertaken by the standing
    Committee on Standards of Official Conduct in the 104th Congress (H.
    Res. 5, Jan. 7, 1997, p. 121). The Select Committee filed one report to
    the House (H. Rept. 105-1, H. Res. 31, Jan. 21, 1997, p. 393).

    [[Page [464]]]

      (q) Committee on Transportation and Infrastructure.
          (1) <> Coast
    Guard, including lifesaving service, lighthouses, lightships, ocean
    derelicts, and the Coast Guard Academy.
          (2) Federal management of emergencies and natural disasters.
          (3) Flood control and improvement of rivers and harbors.
          (4) Inland waterways.
          (5) Inspection of merchant marine vessels, lights and signals,
    lifesaving equipment, and fire protection on such vessels.
          (6) Navigation and laws relating thereto, including pilotage.
          (7) Registering and licensing of vessels and small boats.
          (8) Rules and international arrangements to prevent collisions at
    sea.
          (9) The Capitol Building and the Senate and House Office
    Buildings.
          (10) Construction or maintenance of roads and post roads (other
    than appropriations therefor).
          (11) Construction or reconstruction, maintenance, and care of
    buildings and grounds of the Botanic Garden, the Library of Congress,
    and the Smithsonian Institution.
          (12) Merchant marine (except for national security aspects
    thereof).
          (13) Purchase of sites and construction of post offices,
    customhouses, Federal court

    [[Page [465]]]

    houses, and Government buildings within the District of Columbia.
          (14) Oil and other pollution of navigable waters, including
    inland, coastal, and ocean waters.
          (15) Marine affairs, including coastal zone management, as they
    relate to oil and other pollution of navigable waters.
          (16) Public buildings and occupied or improved grounds of the
    United States generally.
          (17) Public works for the benefit of navigation, including bridges
    and dams (other than international bridges and dams).
          (18) Related transportation regulatory agencies.
          (19) Roads and the safety thereof.
          (20) Transportation, including civil aviation, railroads, water
    transportation, transportation safety (except automobile safety),
    transportation infrastructure, transportation labor, and railroad
    retirement and unemployment (except revenue measures related thereto).
          (21) Water power.

      The Committee was created effective January 2, 1947, as a part of the
    Legislative Reorganization Act of 1946 (60 Stat. 812), combining the
    Committees on Flood Control (created in 1916) (VII, 2069), Public
    Buildings and Grounds (created in 1837) (IV, 4231), Rivers and Harbors
    (created in 1883) (IV, 4118)), and Roads (created in 1913) (VII, 2065).
    The authority of the Committee to report as privileged bills authorizing
    the improvement of rivers and harbors was eliminated by the Committee
    Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470). At the same time the Committee's
    jurisdiction over parks in the District of Columbia was transferred to
    the Committee on Interior and Insular Affairs (now Resources); and it
    gained jurisdiction over transportation, including civil aviation
    (except railroads, railroad labor, and railroad pensions), over roads
    and the safety thereof, over water transportation subject to the
    jurisdiction of the Interstate Commerce Com

    [[Page [466]]]

    mission, and over related transportation regulatory agencies with
    certain exceptions. The 104th Congress changed the name of the Committee
    from Public Works and Transportation to Transportation and
    Infrastructure and expanded its jurisdiction by: adding subparagraphs
    (1), (6)-(8), (12), and (15) to reflect the transfer of those matters
    from the former Committee on Merchant Marine and Fisheries; adding
    subparagraph (4) and enlarging subparagraph (20) to reflect the transfer
    of those matters from the Committee on Energy and Commerce; and adding
    subparagraph (2) and inserting the reference to inland, coastal, and
    ocean waters in subparagraph (14), as clarifying consolidations of
    formerly fractionalized subjects (sec. 202(a), H. Res. 6, Jan. 4, 1995,
    p. 464). Clerical and stylistic changes were effected when the House
    recodified its rules in the 106th Congress. The 106th Congress also
    adopted a substantive amendment to this provision deleting the
    prohibition against including a provision for a specific road in a bill
    providing for another specific road or in a general road bill (H. Res.
    5, Jan. 6, 1999, p. ----).
      The Committee has jurisdiction over proposals establishing Treasury
    revolving funds for the Southeastern and Southwestern Power
    Administrations (July 2, 1959, p. 12629); directing the Secretary of the
    Army to provide school facilities for dependents of Corps of Engineers
    construction workers (June 17, 1968, p. 17429); conveying Corps of
    Engineers flood-control project lands (July 15, 1965, p. 17002) or
    naming reservoirs within such projects (Oct. 3, 1989, p. 22770) or
    allocating or limiting water use therefrom (Feb. 28, 1990, p. 2893);
    directing the Secretary of the Army to renew the license of an American
    Legion Post to use a parcel of land on a Corps of Engineer project (May
    10, 1988, p. 10282); authorizing construction of an annex to the
    National Gallery of Art by the Smithsonian Institution (Apr. 10, 1968,
    p. 9553); addressing the location and development of the J. F. Kennedy
    Center for the Performing Arts (Sept. 15, 1965, p. 23927; Oct. 21, 1965,
    p. 27803); transferring land under the control of the Corps of Engineers
    to Indian tribes (Jan. 29, 1976, p. 1577); amending the Interstate
    Commerce Act to regulate truck transportation (Feb. 24, 1976, p. 4109;
    Mar. 1, 1979, p. 3754); concerning the treatment of a U.S. air freight
    carrier by the Japanese Ministry of Transport pursuant to an
    understanding negotiated under the International Air Transportation
    Competition Act of 1979 (not a Trade Act matter) (July 28, 1988, p.
    19536); and over an executive communication amending Public Law 90-553,
    reported by the Committee, to authorize the transfer, conveyance, lease
    and improvement of, and construction on, certain property in the
    District of Columbia, for use as a headquarters site for an
    international organization, as sites for governments of foreign
    countries (Sept. 10, 1981, p. 20598). The Committee on Government Reform
    and Oversight (now Government Reform), and not this Committee, has
    jurisdiction over a bill renaming an existing post office building (Aug.
    4, 1995, p. 22085; Oct. 1, 1998, p. ----) and renaming an existing post
    office building that also housed a courthouse (Sept. 14, 2000, p. ----).
    However, this Committee, and not

    [[Page [467]]]

    the Committee on Government Reform and Oversight (now Government
    Reform), has jurisdiction over a bill redesignating a general-purpose
    Federal building as a post office (Apr. 24, 1997, p. ----). This
    Committee, and not the Committee on Ways and Means, has jurisdiction
    over a bill designating a customs building (Dec. 12, 1995, p. 36165).
    The Committee on Resources, and not this Committee, has jurisdiction
    over a bill to validate certain conveyances of erstwhile public lands by
    a railway company (July 11, 1995, p. 18397). The Committee on Government
    Reform, and not this Committee, has jurisdiction over a bill
    transferring real property administered by the Coast Guard where the
    bill explicitly waives the Federal Property and Administrative Services
    Act and directs the Administrator of General Services to convey the
    property (Oct. 2, 1998, p. ----).
      The Committee has shared jurisdiction: with the Committee on Energy
    and Commerce over a bill amending the Solid Waste Disposal Act to
    provide for the cleanup of hazardous waste sites or discharges
    presenting a threat to human health and the environment, including
    navigable waters (Mar. 21, 1984, p. 6186); with the Committee on
    Government Operations (now Government Reform) over a bill to require the
    Administrator of General Services to convey certain real property (a
    Federal building) to the Museum for the American Indian and providing
    for renovation and alteration of the property (Oct. 28, 1987, p. 29685);
    with the Committee on House Administration over a bill authorizing the
    Smithsonian Institution to construct, expand, and renovate facilities at
    the Cooper-Hewitt Museum in New York (July 21, 1987, p. 20309), and over
    a bill authorizing appropriations to plan, design, construct, and equip
    museum space for the Smithsonian (July 18, 1991, p. 18830); with several
    other committees over bills to convert from a defense economy by, inter
    alia, authorizing economic assistance for public works and economic
    development (June 24, 1991, p. 16021; June 11, 1992, p. 14470); and with
    the Committee on Education and Labor (now Education and the Workforce)
    over bills providing labor protections to workers, including airline
    employees, in the transportation industry (June 24, 1991, p. 16020; Feb.
    24, 1993, p. 3577).
      In the 101st Congress, the Committee reported a bill requiring a
    cooling-off period in a labor-management dispute between an airline and
    its unions under the Railway Labor Act (H.R. 1231, Mar. 13, 1989, p.
    4032).

      (r) Committee on Veterans' Affairs.
          (1) Veterans' measures generally.
          (2) <> Cemeteries of the
    United States in which veterans of any war or conflict are or may be
    buried, whether in the United States or abroad (except cemeteries
    administered by the Secretary of the Interior).

    [[Page [468]]]

          (3) Compensation, vocational rehabilitation, and education of
    veterans.
          (4) Life insurance issued by the Government on account of service
    in the Armed Forces.
          (5) Pensions of all the wars of the United States, general and
    special.
          (6) Readjustment of servicemen to civil life.
          (7) Soldiers' and sailors' civil relief.
          (8) Veterans' hospitals, medical care, and treatment of veterans.

      This Committee was established January 2, 1947, as a part of the
    Legislative Reorganization Act of 1946 (60 Stat. 812), and was vested
    with jurisdiction formerly exercised by the Committees on World War
    Veterans' Legislation (VII, 2077); Invalid Pensions (IV, 4258); and
    Pensions (IV, 4260). Jurisdiction over veterans' cemeteries administered
    by the Department of Defense was transferred from the Committee on
    Interior and Insular Affairs (now Resources) in the 90th Congress (H.
    Res. 241, Oct. 20, 1967, p. 29560). Vocational rehabilitation, except
    that pertaining to veterans, is under the jurisdiction of the Committee
    on Education and the Workforce. The Committee has jurisdiction over
    bills to amend the Soldiers and Sailors Civil Relief Act of 1940 to
    permit certain declarations of fact in lieu of affidavits (Feb. 4, 1959,
    p. 1812), and over bills to amend the Servicemen's and Veterans'
    Survivor Benefits Act relating to service-connected deaths of retired
    members of the uniformed services (May 18, 1959, p. 8273). Clerical and
    stylistic changes were effected when the House recodified its rules in
    the 106th Congress (H. Res. 5, Jan. 6, 1999, p. ----).

      (s) Committee on Ways and Means.
          (1) <> Customs, collection
    districts, and ports of entry and delivery.
          (2) Reciprocal trade agreements.
          (3) Revenue measures generally.
          (4) Revenue measures relating to insular possessions.
          (5) Bonded debt of the United States, subject to the last sentence
    of clause 4(f).
          (6) Deposit of public monies.

    [[Page [469]]]

          (7) Transportation of dutiable goods.
          (8) Tax exempt foundations and charitable trusts.
          (9) National social security (except health care and facilities
    programs that are supported from general revenues as opposed to payroll
    deductions and except work incentive programs).

      A select Committee on Ways and Means dates from 1789. It was made a
    standing committee in 1802. Originally it considered both revenue and
    appropriations, but in 1865 the appropriation bills were given to the
    Committee on Appropriations and certain other bills to the Committee on
    Banking and Currency (now Financial Services) (IV, 4020). Its
    jurisdiction was also amended on April 5, 1911 (p. 58), and further
    defined in the Legislative Reorganization Act of 1946 (60 Stat. 812),
    which transferred the subject of recesses and final adjournments from
    this Committee to the Committee on Rules.
      By the Committee Reform Amendments of 1974, effective January 3, 1975,
    the Committee gained legislative jurisdiction over tax exempt
    foundations and charitable trusts (subpara. (8)), formerly within the
    jurisdiction of the Committee on Banking and Currency (now Financial
    Services) because of their impact on the economy, while it was released
    from: jurisdiction over health care and facilities programs supported
    from general revenues to the Committee on Energy and Commerce;
    jurisdiction over work incentive programs to the Committee on Education
    and Labor (now Education and the Workforce); jurisdiction over general
    revenue sharing to the Committee on Government Operations (now
    Government Reform); and jurisdiction over renegotiation to the Committee
    on Banking, Finance and Urban Affairs (now Financial Services) (H. Res.
    988, 93d Cong., Oct. 8, 1974, p. 34470).
      The Committee's jurisdiction over the bonded debt of the United States
    (subpara. (5)) was made subject to the last sentence of clause 4(f)
    (former clause 4(g)) of rule X in the 96th Congress by Public Law 96-78
    (93 Stat. 589). Clerical and stylistic changes were effected when the
    House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6,
    1999, p. ----).
      The revenue jurisdiction of the Committee extends to such subjects as
    transportation of dutiable goods, collection districts, ports of entry
    and delivery (IV, 4026), customs unions, reciprocity treaties (IV,
    4021), revenue relations of the United States with Puerto Rico (IV,
    4025), the revenue bills relating to agricultural products generally,
    excepting oleomargarine (IV, 4022), and tax on cotton and grain futures.
    The Committee formerly had jurisdiction as to seal herds and other
    revenue-producing animals in Alaska but this jurisdiction was changed in
    the 68th Congress to the former

    [[Page [470]]]

    Committee on Merchant Marine and Fisheries (VII, 1725, 1851). As
    exemplified by sequential referrals in the 96th Congress, the Committee
    has jurisdiction of reported bills creating major oilspill and hazardous
    waste trust funds in the Treasury, funded by assessments on all
    quantities of oil, petrochemical feedstocks, and other hazardous
    substances sold for sale, where the scope and size of the funds and the
    method of assessment (similar to an excise tax) represented the
    collection of general revenue to fund particular Federal activities, a
    type of financing mechanism over which the Ways and Means Committee has
    traditionally exercised jurisdiction (May 20, 1980, p. 11862).
      The Committee has jurisdiction over subjects relating to the Treasury
    of the United States and the deposit of the public moneys (IV, 4028),
    but it failed to make good a claim to the subjects of ``national
    finances'' and ``preservation of the Government credit'' (IV, 4023). The
    Committee has jurisdiction over bills providing tax incentives for
    persons investing in Indian property (Feb. 1, 1964, p. 1582), providing
    unemployment compensation to individuals with military or Federal
    service (Apr. 28, 1976, p. 11590), providing extended and increased
    unemployment compensation (Apr. 16, 1975, p. 10346), and over private
    bills waiving provisions of the Tariff Act to require reliquidation of
    certain imported materials as duty-free (July 13, 1982, p. 16014). The
    Committee on Transportation and Infrastructure, and not this Committee,
    has jurisdiction over a bill to designate a customs administrative
    building (Dec. 12, 1995, p. 36165). The Committee on the Budget, and not
    this Committee, has jurisdiction over a bill establishing a rule of
    sequestration under the Balanced Budget and Emergency Deficit Control
    Act (Dec. 15, 2000, p. ----). The Committee on the Budget has primary
    jurisdiction, and this Committee has additional jurisdiction, over a
    bill taking Social Security trust funds off budget (Dec. 15, 2000, p. --
    --).
      The Committee has exercised jurisdiction, with the Committee on Energy
    and Commerce, over executive communications reporting on inpatient
    hospital services under title XVIII (medicare) and under title XIX
    (medicaid) of the Social Security Act (Dec. 21, 1982, p. 33261); with
    the Committee on Public Works and Transportation (now Transportation and
    Infrastructure) over executive communications proposing draft
    legislation reauthorizing the Surface Transportation Act but also
    containing a revenue title raising taxes to fund surface transportation
    programs (Mar. 20, 1986, p. 5804); with the former Committee on Merchant
    Marine and Fisheries (succeeded by the Committee on Resources) over a
    bill amending the Fishermen's Protective Act to authorize the President
    to prohibit the importation of any product from a country violating an
    international fishery conservation program (Mar. 21, 1989, p. 5077); and
    with three other committees over a bill imposing certain international
    economic sanctions including tariffs (May 27, 1992, p. 12658).

    [[Page [471]]]

      The Committee in the earlier practice reported resolutions
    distributing the President's annual message (IV, 4030), but since the
    first session of the 64th Congress this practice has been discontinued
    (VIII, 3350).

    General oversight responsibilities
      2. (a) <> The various standing
    committees shall have general oversight responsibilities as provided in
    paragraph (b) in order to assist the House in--
          (1) its analysis, appraisal, and evaluation of--
              (A) the application, administration, execution, and
    effectiveness of Federal laws; and
              (B) conditions and circumstances that may indicate the
    necessity or desirability of enacting new or additional legislation; and
          (2) its formulation, consideration, and enactment of changes in
    Federal laws, and of such additional legislation as may be necessary or
    appropriate.
      (b)(1) In order to determine whether laws and programs addressing
    subjects within the jurisdiction of a committee are being implemented
    and carried out in accordance with the intent of Congress and whether
    they should be continued, curtailed, or eliminated, each standing
    committee (other than the Committee on Appropriations) shall review and
    study on a continuing basis--
          (A) the application, administration, execution, and effectiveness
    of laws and programs addressing subjects within its jurisdiction;
          (B) the organization and operation of Federal agencies and
    entities having responsibil

    [[Page [472]]]

    ities for the administration and execution of laws and programs
    addressing subjects within its jurisdiction;
          (C) any conditions or circumstances that may indicate the
    necessity or desirability of enacting new or additional legislation
    addressing subjects within its jurisdiction (whether or not a bill or
    resolution has been introduced with respect thereto); and
          (D) future research and forecasting on subjects within its
    jurisdiction.
      (2) <> Each committee to
    which subparagraph (1) applies having more than 20 members shall
    establish an oversight subcommittee, or require its subcommittees to
    conduct oversight in their respective jurisdictions, to assist in
    carrying out its responsibilities under this clause. The establishment
    of an oversight subcommittee does not limit the responsibility of a
    subcommittee with legislative jurisdiction in carrying out its oversight
    responsibilities.
      (c) Each standing committee shall review and study on a continuing
    basis the impact or probable impact of tax policies affecting subjects
    within its jurisdiction as described in clauses 1 and 3.
      (d)(1) Not later than February 15 of the first session of a Congress,
    each standing committee shall, in a meeting that is open to the public
    and with a quorum present, adopt its oversight plan for that Congress.
    Such plan shall be submitted simultaneously to the Committee on
    Government Reform and to the Committee on House

    [[Page [473]]]

    Administration. In developing its plan each committee shall, to the
    maximum extent feasible--
          (A) consult with other committees that have jurisdiction over the
    same or related laws, programs, or agencies within its jurisdiction with
    the objective of ensuring maximum coordination and cooperation among
    committees when conducting reviews of such laws, programs, or agencies
    and include in its plan an explanation of steps that have been or will
    be taken to ensure such coordination and cooperation;
          (B) review specific problems with Federal rules, regulations,
    statutes, and court decisions that are ambiguous, arbitrary, or
    nonsensical, or that impose severe financial burdens on individuals;
          (C) give priority consideration to including in its plan the
    review of those laws, programs, or agencies operating under permanent
    budget authority or permanent statutory authority; and
          (D) have a view toward ensuring that all significant laws,
    programs, or agencies within its jurisdiction are subject to review
    every 10 years.
      (2) Not later than March 31 in the first session of a Congress, after
    consultation with the Speaker, the Majority Leader, and the Minority
    Leader, the Committee on Government Reform shall report to the House the
    oversight plans submitted by committees together with any
    recommendations that it, or the House leadership group described above,
    may make to ensure the

    [[Page [474]]]

    most effective coordination of oversight plans and otherwise to achieve
    the objectives of this clause.
      (e) The Speaker, with the approval of the House, may appoint special
    ad hoc oversight committees for the purpose of reviewing specific
    matters within the jurisdiction of two or more standing committees.

      Clause 2(a), and the first requirement of clause 2(b)(1) that each
    standing committee shall review the application, etc. of all laws within
    its jurisdiction, was originally contained in section 118(b) of the
    Legislative Reorganization Act of 1970 (84 Stat. 1140) and was made part
    of the standing rules on January 22, 1971 (H. Res. 5, p. 144). Effective
    January 3, 1975, general oversight responsibilities set forth in the
    remainder of the clause were incorporated into the rule (H. Res. 988,
    93d Cong., Oct. 8, 1974, p. 34470). On January 14, 1975, the size of
    those standing committees required by clause 2(b)(2) (former clause
    2(b)(1)) to establish an oversight subcommittee or to require its
    subcommittees to conduct oversight was increased from 15 to more than 20
    (H. Res. 5, 94th Cong., p. 20). In the 100th Congress the requirement
    that representatives from the Committee on Government Operations (now
    Government Reform) meet with other committees at the beginning of each
    Congress to discuss oversight plans and that that Committee report to
    the House its oversight coordination recommendations within 60 days
    after convening of the first session was deleted (H. Res. 5, Jan. 6,
    1987, p. 6). The 104th Congress added the requirement that each standing
    committee adopt by February 15 of the first session of a Congress its
    oversight plans for that Congress, such plans to be submitted to the
    Committees on Government Reform and Oversight (now Government Reform)
    and House Oversight (now House Administration). The Committee on
    Government Reform is required to report such plans to the House by March
    31, with recommendations to ensure coordination among committees. The
    104th Congress also added paragraph (e) to authorize the Speaker to
    appoint special ad hoc oversight committees to review matters within the
    jurisdiction of more than one standing committee (sec. 203(a), H. Res.
    6, Jan. 4, 1995, p. 467). The 106th Congress deleted a provision added
    in the 104th Congress making consideration of resolutions funding each
    committee contingent on submission of its oversight plans to the
    committees specified; deleted the exception for the Budget Committee
    from the general oversight responsibilities listed in clause 2(b);
    effected clerical corrections to conform references to a renamed
    committee; and effected clerical and stylistic changes when the House
    recodified its rules (H. Res. 5, Jan. 6, 1999, p. ----). Clause
    2(d)(1)(B) was added in the 107th Congress (sec. 2(e), H. Res. 5, Jan.
    3, 2001, p. ----).

    [[Page [475]]]

    Special oversight functions
      3. <> (a) The Committee on
    Appropriations shall conduct such studies and examinations of the
    organization and operation of executive departments and other executive
    agencies (including an agency the majority of the stock of which is
    owned by the United States) as it considers necessary to assist it in
    the determination of matters within its jurisdiction.
      (b) The Committee on the Budget shall study on a continuing basis the
    effect on budget outlays of relevant existing and proposed legislation
    and report the results of such studies to the House on a recurring
    basis.
      (c) The Committee on Energy and Commerce shall review and study on a
    continuing basis laws, programs, and Government activities relating to
    nuclear and other energy and nonmilitary nuclear energy research and
    development including the disposal of nuclear waste.
      (d) The Committee on Education and the Workforce shall review, study,
    and coordinate on a continuing basis laws, programs, and Government
    activities relating to domestic educational programs and institutions
    and programs of student assistance within the jurisdiction of other
    committees.
      (e) The Committee on Government Reform shall review and study on a
    continuing basis the operation of Government activities at all levels
    with a view to determining their economy and efficiency.

    [[Page [476]]]

      (f) The Committee on International Relations shall review and study on
    a continuing basis laws, programs, and Government activities relating to
    customs administration, intelligence activities relating to foreign
    policy, international financial and monetary organizations, and
    international fishing agreements.
      (g) The Committee on Armed Services shall review and study on a
    continuing basis laws, programs, and Government activities relating to
    international arms control and disarmament and the education of military
    dependents in schools.
      (h) The Committee on Resources shall review and study on a continuing
    basis laws, programs, and Government activities relating to Native
    Americans.
      (i) The Committee on Rules shall review and study on a continuing
    basis the congressional budget process, and the committee shall report
    its findings and recommendations to the House from time to time.
      (j) The Committee on Science shall review and study on a continuing
    basis laws, programs, and Government activities relating to nonmilitary
    research and development.
      (k) The Committee on Small Business shall study and investigate on a
    continuing basis the problems of all types of small business.
      (l) The Permanent Select Committee on Intelligence shall review and
    study on a continuing basis laws, programs, and activities of the
    intelligence community and shall review and study

    [[Page [477]]]

    on an exclusive basis the sources and methods of entities described in
    clause 11(b)(1)(A).

      The oversight authority conferred on the Committee on Appropriations
    in paragraph (a) (former clause 2(b)(3)) was first given that committee
    on February 11, 1943 (p. 884), continued by resolution of January 9,
    1945 (p. 135), and incorporated into permanent law in section 202(b) of
    the Legislative Reorganization Act of 1946, and made a part of the
    standing rules on January 3, 1953 (pp. 17, 24). The special oversight
    responsibilities of the Committee on the Budget set forth in paragraph
    (b) were made part of the rules effective July 12, 1974 by section
    101(c) of the Congressional Budget Act of 1974 (88 Stat. 300). Paragraph
    (c) (former paragraph (h)) was added on January 4, 1977, upon the
    abolition of the legislative jurisdiction in the House of the Joint
    Committee on Atomic Energy (H. Res. 5, 95th Cong., pp. 53-70). The
    special oversight responsibilities of the Committee on Energy and
    Commerce over nuclear energy to all energy programs became effective
    January 3, 1981 (H. Res. 549, Mar. 25, 1980, pp. 6405-10). The oversight
    authority conferred on the Committee on Government Operations (now
    Government Reform) in paragraph (e) (former clause 2(b)(2)) was first
    made effective as part of the Legislative Reorganization Act of 1946 (60
    Stat. 812). In the 104th Congress conforming amendments to the special
    oversight functions of the Committees on Resources and Energy and
    Commerce were adopted to reflect the transfer of jurisdiction over
    nonmilitary nuclear energy from the Committee on Resources to the
    Committee on Commerce Energy and Commerce (H. Res. 254, Nov. 30, 1995,
    p. 35077). Paragraph (i) was added by section 226 of the Balanced Budget
    and Emergency Deficit Control Act of 1985 (P.L. 99-177). The remainder
    of the clause became effective January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470). This clause has been amended several times to
    conform references to renamed committees (H. Res. 89, Feb. 5, 1979, p.
    1848; H. Res. 549, Mar. 25, 1980, pp. 6405-10; H. Res. 5, Jan. 5, 1993,
    p. 49; sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 464; H. Res. 5, Jan. 7,
    1997, p. 121; H. Res. 5, Jan. 6, 1999, p. ----). Clerical and stylistic
    changes were effected when the House recodified its rules in the 106th
    Congress, including the transfer to this clause of oversight functions
    of the Committees on Government Reform and Appropriations found in
    clause 2 (H. Res. 5, Jan. 6, 1999, p. ----). The oversight authority of
    the Permanent Select Committee on Intelligence in paragraph (l) was
    added in the 107th Congress (sec. 2(f), H. Res. 5, Jan. 3, 2001, p. ----
    ).
      Section 9 of the House Administrative Reform Resolution of 1992 (H.
    Res. 423, Apr. 9, 1992, p. 9040) added a paragraph in this clause
    creating a bipartisan Subcommittee on Administrative Oversight of the
    Committee on House Administration, to be chaired by the chairman of the
    Committee on House Administration and to be composed of members of the
    Committee on House Administration, one-half from the majority party and
    one-half from the minority party. The paragraph was rewritten in the
    103d Con

    [[Page [478]]]

    gress to provide that the Speaker, the Majority and Minority Leaders,
    and the chairman and ranking minority member of the Committee on House
    Administration be informed of tie votes in that subcommittee (H. Res. 5,
    Jan. 5, 1993, p. 49), but the paragraph was deleted entirely in the
    104th Congress (sec. 201(d), H. Res. 6, Jan. 4, 1995, p. 463).

    Additional functions of committees
      4. <> (a)(1)(A) The Committee on Appropriations shall, within 30
    days after the transmittal of the Budget to Congress each year, hold
    hearings on the Budget as a whole with particular reference to--
          (i) the basic recommendations and budgetary policies of the
    President in the presentation of the Budget; and
          (ii) the fiscal, financial, and economic assumptions used as bases
    in arriving at total estimated expenditures and receipts.
      (B) In holding hearings under subdivision (A), the committee shall
    receive testimony from the Secretary of the Treasury, the Director of
    the Office of Management and Budget, the Chairman of the Council of
    Economic Advisers, and such other persons as the committee may desire.
      (C) <> A hearing under
    subdivision (A), or any part thereof, shall be held in open session,
    except when the committee, in open session and with a quorum present,
    determines by record vote that the testimony to be taken at that hearing
    on that day may be related to a matter of national security. The
    committee may by the same procedure close one subsequent day of hearing.
    A transcript of all such hearings shall be printed and a copy thereof
    fur

    [[Page [479]]]

    nished to each Member, Delegate, and the Resident Commissioner.
      (D) A hearing under subdivision (A), or any part thereof, may be held
    before a joint meeting of the committee and the Committee on
    Appropriations of the Senate in accordance with such procedures as the
    two committees jointly may determine.

      This part of clause 4 was originally contained in section 242(c)(1) of
    the Legislative Reorganization Act of 1970 and was made part of the
    standing rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144).
    Paragraph (a)(1)(C), requiring open hearings, was first adopted in the
    93d Congress (H. Res. 259, Mar. 7, 1973, pp. 6713-20) and was amended in
    the 94th Congress to limit the effect of a vote to close a hearing to
    that day and one subsequent day (H. Res. 5, Jan. 14, 1975, p. 20).
    Clerical and stylistic changes were effected when the House recodified
    its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. ----).

    -  (2) <> Pursuant to section 401(b)(2) of the Congressional
    Budget Act of 1974, when a committee reports a bill or joint resolution
    that provides new entitlement authority as defined in section 3(9) of
    that Act, and enactment of the bill or joint resolution, as reported,
    would cause a breach of the committee's pertinent allocation of new
    budget authority under section 302(a) of that Act, the bill or joint
    resolution may be referred to the Committee on Appropriations with
    instructions to report it with recommendations (which may include an
    amendment limiting the total amount of new entitlement authority
    provided in the bill or joint resolution). If the Committee on
    Appropriations fails to report a bill or joint resolution so referred
    within 15 calendar days (not counting any day on which the House

    [[Page [480]]]

    is not in session), the committee automatically shall be discharged from
    consideration of the bill or joint resolution, and the bill or joint
    resolution shall be placed on the appropriate calendar.
      (3) In addition, the Committee on Appropriations shall study on a
    continuing basis those provisions of law that (on the first day of the
    first fiscal year for which the congressional budget process is
    effective) provide spending authority or permanent budget authority and
    shall report to the House from time to time its recommendations for
    terminating or modifying such provisions.
      (4) In the manner provided by section 302 of the Congressional Budget
    Act of 1974, the Committee on Appropriations (after consulting with the
    Committee on Appropriations of the Senate) shall subdivide any
    allocations made to it in the joint explanatory statement accompanying
    the conference report on such concurrent resolution, and promptly report
    the subdivisions to the House as soon as practicable after a concurrent
    resolution on the budget for a fiscal year is agreed to.

      Subparagraph (2) first became effective on July 12, 1974, by inclusion
    in section 401(b)(2) of the Congressional Budget Act of 1974 (88 Stat.
    317), was incorporated into the rules effective January 3, 1975 (H. Res.
    988, 93d Cong., Oct. 8, 1974, p. 34470), was amended in the 95th
    Congress to correct an error in cross-reference (H. Res. 5, Jan. 4,
    1977, pp. 53-70), and was again amended in the 105th Congress to reflect
    the repeal of the collective definition of ``new spending authority''
    and the revision of various remaining parts (Budget Enforcement Act of
    1997 (sec. 10116, P.L. 105-33). Subparagraph (3) was also contained in
    the Congressional Budget Act of 1974 in section 402(f), and was likewise
    incorporated into the rules effective January 3, 1975 (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470). The requirements of subparagraph (4)
    (former paragraph (h)) was origi

    [[Page [481]]]

    nally contained in section 302(b) of the Congressional Budget Act of
    1974 (P.L. 93-344, July 12, 1974) and was incorporated into this rule
    effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470). It was amended by the Budget Enforcement Act of 1990 (tit. XIII,
    P.L. 101-508) to conform to the enactment of title VI of the Budget Act.
    It was again amended by the Budget Enforcement Act of 1997 (sec. 10118,
    P.L. 105-33) to conform to the subsequent repeal of title VI. Clerical
    and stylistic changes were effected when the House recodified its rules
    in the 106th Congress, including the transfer of former paragraph (h) to
    this paragraph as new subparagraph (4) (H. Res. 5, Jan. 6, 1999, p. ----
    ).

      (b) The Committee on the Budget shall--
          (1) <> review on a continuing basis the
    conduct by the Congressional Budget Office of its functions and duties;
          (2) hold hearings and receive testimony from Members, Senators,
    Delegates, the Resident Commissioner, and such appropriate
    representatives of Federal departments and agencies, the general public,
    and national organizations as it considers desirable in developing
    concurrent resolutions on the budget for each fiscal year;
          (3) make all reports required of it by the Congressional Budget
    Act of 1974;
          (4) study on a continuing basis those provisions of law that
    exempt Federal agencies or any of their activities or outlays from
    inclusion in the Budget of the United States Government, and report to
    the House from time to time its recommendations for terminating or
    modifying such provisions;
          (5) study on a continuing basis proposals designed to improve and
    facilitate the congressional budget process, and report to the House

    [[Page [482]]]

    from time to time the results of such studies, together with its
    recommendations; and
          (6) request and evaluate continuing studies of tax expenditures,
    devise methods of coordinating tax expenditures, policies, and programs
    with direct budget outlays, and report the results of such studies to
    the House on a recurring basis.

      Paragraph (b)(1) became a part of the rules on July 12, 1974 by
    enactment of section 101(c) of the Congressional Budget Act of 1974 (88
    Stat. 300). Subparagraph (2), contained in section 301(d) of that Act,
    subparagraph (3), subparagraph (4), contained in section 606 of that
    Act, and subparagraph (5), contained in section 703 of that Act, all
    were made part of the rules effective January 3, 1975 (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470). Paragraph (b)(2) was amended in the 99th
    Congress by section 232 of the Balanced Budget and Emergency Deficit
    Control Act of 1985 (P.L. 99-177) to remove reference to the first
    concurrent resolution on the budget. Before the House recodified its
    rules in the 106th Congress, subparagraph (6) was found in former clause
    1(d)(5)(C) of rule X (H. Res. 5, Jan. 6, 1999, p. ----).

      (c)(1) <> The Committee on
    Government Reform shall--
          (A) receive and examine reports of the Comptroller General of the
    United States and submit to the House such recommendations as it
    considers necessary or desirable in connection with the subject matter
    of the reports;
          (B) evaluate the effects of laws enacted to reorganize the
    legislative and executive branches of the Government; and
          (C) study intergovernmental relationships between the United
    States and the States and municipalities and between the United States
    and international organizations of which the United States is a member.

    [[Page [483]]]

          (2) In addition to its duties under subparagraph (1), the
    Committee on Government Reform may at any time conduct investigations of
    any matter without regard to clause 1, 2, 3, or this clause conferring
    jurisdiction over the matter to another standing committee. The findings
    and recommendations of the committee in such an investigation shall be
    made available to any other standing committee having jurisdiction over
    the matter involved.

      Paragraph (c)(1) became effective January 2, 1947 as part of the
    Legislative Reorganization Act of 1946 (60 Stat. 812). Paragraph (c)(2)
    was made a function of the Committee on Government Operations (now
    Government Reform) effective January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470). Paragraph (c)(2) was amended in the 107th
    Congress to delete the requirement that committees include oversight
    findings and recommendations by the Committee on Government Reform in
    their reports as was required under the former clause 3(c)(4) of rule
    XIII (sec. 2(l), H. Res. 5, Jan. 3, 2001, p. ----). The Committee was
    renamed in the 104th and 106th Congresses (sec. 202(b), H. Res. 6, Jan.
    4, 1995, p. 464; H. Res. 5, Jan. 6, 1999, p. ----). Clerical and
    stylistic changes were effected when the House recodified its rules in
    the 106th Congress (H. Res. 5, Jan. 6, 1999, p. ----).

      (d)(1) <> The Committee on
    House Administration shall--
      (A) <> provide policy
    direction for the Inspector General and oversight of the Clerk,
    Sergeant-at-Arms, Chief Administrative Officer, and Inspector General;
      (B) <> have the function of
    accepting on behalf of the House a gift, except as otherwise provided by
    law, if the gift does not involve a duty, burden, or condition, or is
    not made dependent on some future performance by the House; and

    [[Page [484]]]

      (C) promulgate regulations to carry out subdivision (B).
      (2) <> An employing
    office of the House may enter into a settlement of a complaint under the
    Congressional Accountability Act of 1995 that provides for the payment
    of funds only after receiving the joint approval of the chairman and
    ranking minority member of the Committee on House Administration
    concerning the amount of such payment.

      The Committee's duty to arrange for memorial services of Members was
    eliminated from the rules effective January 3, 1975 (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470). Former paragraph (d)(3) required the
    Committee to provide a committee scheduling service, which was provided
    through House Information Resources and was made mandatory on all
    committees and subcommittees in the 97th Congress (H. Res. 5, Jan. 5,
    1981, pp. 98-113). The requirement was stricken altogether when two
    provisions were added by section 10 of the House Administrative Reform
    Resolution of 1992 (H. Res. 423, 102d Cong., Apr. 9, 1992, p. 9040) to
    ensure the orderly transfer of functions and entities from elected
    officers to the Director of Non-legislative and Financial Services and
    to provide for policy direction and oversight of certain administrative
    officials and elected officers. However, the 107th Congress amended
    clause 4(d)(1) of rule X to remove the requirement that the Committee
    provide policy direction to such officials and officers except the
    Inspector General (sec. 2(g), H. Res. 5, Jan. 3, 2001, p. ----). In the
    104th Congress the rule was amended (1) to reflect the change in the
    name of the Committee on House Administration to the Committee on House
    Oversight and (2) to reflect the abolishment of the Director of Non-
    legislative and Financial Services (sec. 201, H. Res. 6, Jan. 4, 1995,
    p. 463). Later in the 104th Congress the provision for the acceptance of
    gifts was added as paragraph (d)(3) (H. Res. 250, Nov. 16, 1995, p.
    33434). In the 105th Congress paragraph (d) was redesignated as (d)(1),
    its former subparagraphs (1) through (3) were redesignated as (1)(A)
    through (1)(C), and a new paragraph (d)(2) was added to require approval
    by the Committee for monetary settlements of certain employment claims
    (H. Res. 5, Jan. 7, 1997, p. 121). The 104th Congress also prohibited
    the establishment or continuation of any legislative service
    organization (as that term had been understood in the 103d Congress) and
    directed the Committee on House Oversight (now House Administration) to
    take such steps as were necessary to ensure an orderly termination and
    accounting for funds of any legislative service organization in
    existence on January 3, 1995 (sec. 222, H. Res. 6, Jan. 4, 1995, p.
    469). Clerical and stylistic

    [[Page [485]]]

    changes were effected when the House recodified its rules in the 106th
    Congress (H. Res. 5, Jan. 6, 1999, p. ----). The 107th Congress
    transferred the Committee's responsibilities with respect to enrolled
    bills (former paragraph (d)(1)(A)) to the Clerk (clause 2(d)(2) of rule
    II) (sec. 2(b), H. Res. 5, Jan. 3, 2001, p. ----).

      (e)(1) <> Each standing
    committee shall, in its consideration of all public bills and public
    joint resolutions within its jurisdiction, ensure that appropriations
    for continuing programs and activities of the Federal Government and the
    government of the District of Columbia will be made annually to the
    maximum extent feasible and consistent with the nature, requirement, and
    objective of the programs and activities involved. In this subparagraph
    programs and activities of the Federal Government and the government of
    the District of Columbia includes programs and activities of any
    department, agency, establishment, wholly owned Government corporation,
    or instrumentality of the Federal Government or of the government of the
    District of Columbia.
      (2) Each standing committee shall review from time to time each
    continuing program within its jurisdiction for which appropriations are
    not made annually to ascertain whether the program should be modified to
    provide for annual appropriations.

      The provisions of this paragraph derive from section 253(c) of the
    Legislative Reorganization Act of 1970 (84 Stat. 1140), and were made
    part of the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p.
    144). Clerical and stylistic changes were effected when the House
    recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p.
    ----).

    [[Page [486]]]

    Budget Act responsibilities
      (f)(1) <> Each standing
    committee shall submit to the Committee on the Budget not later than six
    weeks after the President submits his budget, or at such time as the
    Committee on the Budget may request--
          (A) its views and estimates with respect to all matters to be set
    forth in the concurrent resolution on the budget for the ensuing fiscal
    year that are within its jurisdiction or functions; and
          (B) an estimate of the total amounts of new budget authority, and
    budget outlays resulting therefrom, to be provided or authorized in all
    bills and resolutions within its jurisdiction that it intends to be
    effective during that fiscal year.
      (2) The views and estimates submitted by the Committee on Ways and
    Means under subparagraph (1) shall include a specific recommendation,
    made after holding public hearings, as to the appropriate level of the
    public debt that should be set forth in the concurrent resolution on the
    budget.

      The requirements of paragraph (f)(1) were originally contained in
    section 301(c) of the Congressional Budget Act of 1974 (P.L. 93-344,
    July 12, 1974), and was incorporated into this rule effective January 3,
    1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The requirement
    of paragraph (f)(2) that the Committee on Ways and Means include a
    specific recommendation as to the appropriate level of the public debt
    in its views and estimates submitted to the Committee on the Budget was
    added in the 96th Congress by Public Law 96-78 (93 Stat. 589) and was
    originally intended to apply to concurrent resolutions on the budget for
    fiscal years beginning on or after October 1, 1980. However, in the 96th
    Congress the provisions of that public law amending the Rules of the
    House were made applicable to the third concurrent resolution on the
    budget for fiscal year 1980 as

    [[Page [487]]]

    well as the first concurrent resolution on the budget for fiscal 1981
    (H. Res. 642, Apr. 23, 1980, pp. 8789-90). The deadline for submitting
    views and estimates to the Budget Committee has changed several times
    (Balanced Budget and Emergency Deficit Control Act of 1985, sec. 232(c),
    P.L. 99-177; Budget Enforcement Act of 1997, sec. 10104, P.L. 105-33; H.
    Res. 5, 106th Cong., Jan. 6, 1999, p. ----). A former paragraph
    directing standing committees to submit reconciliation recommendations
    to the Budget Committee was deleted in the 106th Congress (H. Res. 5,
    Jan. 6, 1999, p. ----), but committees are still required to submit such
    recommendations under section 310 of the Congressional Budget Act of
    1974. Clerical and stylistic changes were effected when the House
    recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p.
    ----). Paragraph (f)(2) was amended in the 107th Congress to reflect the
    repeal of former rule XXIII (``Statutory Limit on Public Debt'') (sec.
    2(s), H. Res. 5, Jan. 3, 2001, p. ----), which was reinstated in the
    108th Congress as rule XXVII (sec. 2(t), H. Res. 5, Jan. 7, 2003, p. --
    --).

    Election and membership of standing committees
      5. <> (a)(1) The standing committees
    specified in clause 1 shall be elected by the House within seven
    calendar days after the commencement of each Congress, from nominations
    submitted by the respective party caucus or conference. A resolution
    proposing to change the composition of a standing committee shall be
    privileged if offered by direction of the party caucus or conference
    concerned.

      The old rule entrusting the appointment of committees to the Speaker
    was adopted in 1789 and amended in 1790 and in 1860 (IV, 4448-4476).
    Committees are now elected on resolution offered from the floor (VIII,
    2171) and it is in order to move the previous question on each
    resolution (VIII, 2174). The resolution is not divisible (clause 5 of
    rule XVI), and is privileged (VIII, 2179, 2183). The requirement that
    nominations to standing committees be submitted by the respective party
    caucuses was made part of the rules effective January 3, 1975, by the
    Committee Reform Amendments of 1974 (H. Res. 988, 93d Cong., Oct. 8,
    1974, p. 34470). That same resolution also eliminated the designations
    in the rules of the numbers of Members comprising the standing
    committees, thereby permitting the House to establish committee size by
    the numbers of Members elected to each committee pursuant to this
    paragraph. The role of the party caucuses in presenting privileged
    resolutions to the House electing Members to commit

    [[Page [488]]]

    tees is discussed in detail in Deschler, ch. 17, Sec. 9. In the 99th
    Congress the requirement for early election of standing committees
    within the first seven calendar days and the conferral of privileged
    status on resolutions from the party caucuses to change the composition
    of standing committees were added by section 227 of the Balanced Budget
    and Emergency Deficit Control Act of 1985 (P.L. 99-177). Before the
    House recodified its rules in the 106th Congress, this provision was
    found in former clause 6 of rule X (H. Res. 5, Jan. 6, 1999, p. ----).

      (2)(A) <> The Committee on
    the Budget shall be composed of members as follows:
          (i) Members, Delegates, or the Resident Commissioner who are
    members of other standing committees, including five from the Committee
    on Appropriations, five from the Committee on Ways and Means, and one
    from the Committee on Rules;
          (ii) one Member from the elected leadership of the majority party;
    and
          (iii) one Member from the elected leadership of the minority
    party.
      (B) Except as permitted by subdivision (C), a member of the Committee
    on the Budget other than one from the elected leadership of a party may
    not serve on the committee during more than four Congresses in a period
    of six successive Congresses (disregarding for this purpose any service
    for less than a full session in a Congress).
      (C) In the case of a Member, Delegate, or Resident Commissioner
    elected to serve as the chairman or the ranking minority member of the
    committee, tenure on the committee shall be limited only by paragraph
    (c)(2) of this clause.

      This paragraph (former clause 1(d) of rule X) was amended in the 96th
    Congress to relax the limitation on Members' service on the Budget Com

    [[Page [489]]]

    mittee to three Congresses (from two) in any period of five successive
    Congresses, to exempt representatives from the party leaderships from
    the limitation, and to permit an incumbent chairman who had served on
    the Committee for three Congresses and as chairman for not more than one
    Congress to be eligible for reelection as chairman for one additional
    Congress (H. Res. 5, Jan. 15, 1979, p. 8). It was again amended in the
    100th Congress to eliminate as obsolete the words ``beginning after
    1974'' following ``any period of five successive Congresses'' as a
    measure of permissible terms of service on the Committee (H. Res. 5,
    Jan. 6, 1987, p. 6). It was further amended in the 101st Congress to
    permit, in that Congress only, a minority Member who had served on the
    Committee for three terms to run within his party's caucus for the
    position of ranking minority member and thus be able to serve on the
    Committee for one additional Congress, and to permit a Member elected as
    ranking minority member during his third term on the Committee to serve
    one additional term on the Committee should he be reelected as the
    ranking minority member (H. Res. 5, Jan. 3, 1989, p. 72). It was again
    amended in the 102d Congress to extend the waiver of the tenure
    restriction for the ranking minority member of the Committee (H. Res. 5,
    Jan. 3, 1991, p. 39), but in the 103d Congress that provision was
    stricken as obsolete (H. Res. 5, Jan. 5, 1993, p. 49). In the 104th
    Congress the limitation on a Member's service on the Committee was
    relaxed to four Congresses (from three) in any period of six successive
    Congresses, with the exception that a Member who has served as chairman
    or as ranking minority member during a fourth such Congress may serve in
    either capacity during a fifth, so long as he would not thereby exceed
    two consecutive terms as chairman or as ranking minority member (sec.
    202(a), H. Res. 6, Jan. 4, 1995, p. 464). The tenure limitation of
    clause 5(a)(2)(B) was suspended during the 106th Congress (sec. 2(b), H.
    Res. 5, Jan. 6, 1999, p. ----). The special tenure limitation for the
    chairman and ranking minority member was replaced in the 108th Congress
    with a provision subjecting the chairman only to the overall tenure
    limitation that applies to all standing committee chairmen (sec. 2(e-1),
    H. Res. 5, Jan. 7, 2003, p. ----).
      In the 94th Congress the membership of the Committee was increased to
    25 (from 23), with 13 (rather than 11) members elected from committees
    other than Appropriations and Ways and Means (H. Res. 5, Jan. 14, 1975,
    p. 20). The membership was increased again in the 97th Congress to 30,
    with 28 from other standing committees and two from the respective
    leaderships (H. Res. 5, Jan. 5, 1981, pp. 98-113), and again in the 98th
    Congress to 31 (unanimous-consent order, Feb. 7, 1983, p. 1791). The
    99th Congress amended this paragraph to remove any numerical limitation
    on the membership of the Committee (H. Res. 7, Jan. 3, 1985, p. 393). In
    the 108th Congress the composition of the committee was changed to
    require inclusion of one member from the Committee on Rules (sec. 2(e),
    H. Res. 5, Jan. 7, 2003, p. ----).

    [[Page [490]]]

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 1(d) of rule X (H. Res. 5, Jan. 6,
    1999, p. ----).

      (3)(A) <> The Committee on Standards of Official Conduct shall be
    composed of 10 members, five from the majority party and five from the
    minority party.
      (B) Except as permitted by subdivision (C), a member of the Committee
    on Standards of Official Conduct may not serve on the committee during
    more than three Congresses in a period of five successive Congresses
    (disregarding for this purpose any service for less than a full session
    in a Congress).
      (C) A member of the Committee on Standards of Official Conduct may
    serve on the committee during a fourth Congress in a period of five
    successive Congresses only as either the chairman or the ranking
    minority member of the committee.
      (4)(A) At the beginning of a Congress, the Speaker or his designee and
    the Minority Leader or his designee each shall name 10 Members,
    Delegates, or the Resident Commissioner from his respective party who
    are not members of the Committee on Standards of Official Conduct to be
    available to serve on investigative subcommittees of that committee
    during that Congress. The lists of Members, Delegates, or the Resident
    Commissioner so named shall be announced to the House.
      (B) Whenever the chairman and the ranking minority member of the
    Committee on Stand

    [[Page [491]]]

    ards of Official Conduct jointly determine that Members, Delegates, or
    the Resident Commissioner named under subdivision (A) should be assigned
    to serve on an investigative subcommittee of that committee, each of
    them shall select an equal number of such Members, Delegates, or
    Resident Commissioner from his respective party to serve on that
    subcommittee.

      Prior to the 93d Congress, the rule that established the size of the
    Committee on Standards of Official Conduct at 12 members also required
    that six members be elected from the majority and six from the minority
    party. Effective in the 93d Congress, the ratio of the committee was
    codified in the first sentence of subparagraph (3)(A) (former clause
    6(a)(2)) (H. Res. 988, Oct. 8, 1974, p. 34470). The Ethics Reform Act of
    1989 added a sentence to limit service on the committee (P.L. 101-194,
    Nov. 30, 1989), which was amended in the 105th and 106th Congresses
    (sec. 2, H. Res. 168, Sept. 18, 1997, p. ----; H. Res. 5, Jan. 6, 1999,
    p. ----). A requirement that two members from each party rotate off the
    committee was adopted in the 105th Congress (sec. 2, H. Res. 168, Sept.
    18, 1997, p. ----), but was deleted in the 106th Congress (H. Res. 5,
    Jan. 6, 1999, p. ----). Subparagraph (4) (former clause 6(a)(3)) was
    adopted in the 105th Congress (sec. 1, H. Res. 168, Sept. 18, 1997, p.
    ----). Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 6(a) of rule X (H. Res. 5, Jan. 6,
    1999, p. ----). The 106th Congress also formally reduced the size of the
    committee to 10 members, which was the de facto size of the committee in
    the 105th Congress even though the Ethics Reform Act of 1989 required
    each party caucus to nominate seven Members (sec. 803(b), P.L. 101-194,
    Nov. 30, 1989; H. Res. 5, Jan. 6, 1999, p. ----).

      (b)(1) Membership on a standing committee during the course of
    a <> Congress
    shall be contingent on continuing membership in the party caucus or
    conference that nominated the Member, Delegate, or Resident Commissioner
    concerned for election to such committee. Should a Member, Delegate, or
    Resident Commissioner cease to be a member of a particular party caucus
    or conference, that Member, Delegate, or Resident Commissioner

    [[Page [492]]]

    shall automatically cease to be a member of each standing committee to
    which he was elected on the basis of nomination by that caucus or
    conference. The chairman of the relevant party caucus or conference
    shall notify the Speaker whenever a Member, Delegate, or Resident
    Commissioner ceases to be a member of that caucus or conference. The
    Speaker shall notify the chairman of each affected committee that the
    election of such Member, Delegate, or Resident Commissioner to the
    committee is automatically vacated under this subparagraph.
      (2)(A) Except as specified in subdivision (B), a Member, Delegate, or
    Resident Commissioner may not serve simultaneously as a member of more
    than two standing committees or more than four subcommittees of the
    standing committees.
      (B)(i) Ex officio service by a chairman or ranking minority member of
    a committee on each of its subcommittees under a committee rule does not
    count against the limitation on subcommittee service.
      (ii) Service on an investigative subcommittee of the Committee on
    Standards of Official Conduct under paragraph (a)(4) does not count
    against the limitation on subcommittee service.
      (iii) Any other exception to the limitations in subdivision (A) must
    be approved by the House on the recommendation of the relevant party
    caucus or conference.
      (C) In this subparagraph the term ``subcommittee'' includes a panel
    (other than a spe

    [[Page [493]]]

    cial oversight panel of the Committee on Armed Services), task force,
    special subcommittee, or other subunit of a standing committee that is
    established for a cumulative period longer than six months in a
    Congress.

      The requirement that membership on standing committees be contingent
    on continuing membership in a party caucus or conference, along with the
    mechanism for the automatic vacating of a Member's election to committee
    should his party relationship cease, was added to the rules in the 98th
    Congress (H. Res. 5, Jan. 3, 1983, p. 34). The limitation on full
    committee and subcommittee assignments was added in the 104th Congress
    (sec. 204, H. Res. 6, Jan. 4, 1995, p. 467; see H. Res. 11, Jan. 4,
    1995, p. 549). The exception for special service on an investigative
    subcommittee of the Committee on Standards of Official Conduct from the
    limitation on subcommittee service was added in the 105th Congress (sec.
    1, H. Res. 168, Sept. 18, 1997, p. ----). A technical correction was
    effected in the 106th Congress to conform references to a renamed
    committee (H. Res. 5, Jan. 6, 1999, p. ----).
      The Speaker lays before the House communications relative to the
    removal of a Member from committee pursuant to this clause (see, e.g.,
    Sept. 11, 1984, p. 24790; Feb. 22, 1989, p. 2500; May 10, 1995, p.
    12396; July 19, 1999, p. ----; Feb. 1, 2000, p. ----; Sept. 13, 2000, p.
    ----). The Speaker also lays before the House a communication from a
    Member announcing a change in his party affiliation (Sept. 13, 2000, p.
    ----). On one occasion there was a delay in laying the latter
    communication before the House, and the House by unanimous consent
    retroactively changed informational voting records from the date on the
    communication (Sept. 13, 2000, p. ----). The earlier practice was, and
    the most recent practice is, for the minority party to handle committee
    assignments for third-party Members (VIII, 2184-2185; H. Res. 11, Jan.
    4, 1995, p. 549). During the 102d and 103d Congresses, the majority
    leadership took that responsibility by separate resolution for a Member
    who had joined neither major party caucus (see H. Res. 45, Jan. 24,
    1991, p. 2171); however, during the 104th through 107th Congresses, when
    control of the House shifted, the minority leadership retained
    responsibility for the committee assignments of such third-party Member.

      (c)(1) <> One of the members of
    each standing committee shall be elected by the House, on the nomination
    of the majority party caucus or conference, as chairman thereof. In the
    temporary absence of the

    [[Page [494]]]

    chairman, the member next in rank (and so on, as often as the case shall
    happen) shall act as chairman. Rank shall be determined by the order
    members are named in resolutions electing them to the committee. In the
    case of a permanent vacancy in the elected chairmanship of a committee,
    the House shall elect another chairman.
      (2) A member of a standing committee may not serve as chairman of the
    same standing committee, or of the same subcommittee of a standing
    committee, during more than three consecutive Congresses (disregarding
    for this purpose any service for less than a full session in a
    Congress).

      The requirement that nominations for chairmen be submitted by the
    majority party caucus was made part of the rules effective January 3,
    1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The sentence
    addressing temporary and permanent vacancies in chairmanships was first
    adopted on April 5, 1911 (VIII, 2201), and was continued in the
    Legislative Reorganization Act of 1946 (60 Stat. 812). The 104th
    Congress added the sentence setting term limits for committee and
    subcommittee chairmen (sec. 103(b), H. Res. 6, Jan. 4, 1995, p. 462).
    Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 6(c) of rule X (H. Res. 5, Jan. 6,
    1999, p. ----).
      In the 102d Congress a resolution included as a matter properly
    incidental to its election of the chairman of a standing committee a
    proviso that his powers and duties be exercised by the vice chairman
    until otherwise ordered by the House (H. Res. 43, Jan. 24, 1991, p.
    2169; Feb. 6, 1991, p. 3198). In the 103d Congress a privileged
    resolution, offered at the direction of the Democratic Caucus,
    authorized a named acting chairman to exercise the powers and duties of
    a chairman of a standing committee until otherwise ordered by the House
    (H. Res. 396, Mar. 23, 1994, p. 6093).

      (d)(1) <> Except as
    permitted by subparagraph (2), a committee may have not more than five
    subcommittees.

    [[Page [495]]]

      (2) A committee that maintains a subcommittee on oversight may have
    not more than six subcommittees. The Committee on Appropriations may
    have not more than 13 subcommittees. The Committee on Government Reform
    may have not more than seven subcommittees.

      This paragraph was adopted in the 104th Congress (sec. 101(b), H. Res.
    6, Jan. 4, 1995, p. 462), replacing a requirement that all standing
    committees having more than 20 members (except the Committee on the
    Budget) establish at least four subcommittees (H. Res. 5, Jan. 14, 1975,
    p. 20). In the 106th Congress the paragraph was amended to delete the
    Committee on Transportation and Infrastructure from the list of
    exceptions to the general rule and to add a new exception for committees
    that maintain a subcommittee on oversight (H. Res. 5, Jan. 6, 1999, p.
    ----). Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 6(d) of rule X (H. Res. 5, Jan. 6,
    1999, p. ----). Notwithstanding clause 5(d), the Committee on Government
    Reform was permitted to have not more than eight subcommittees during
    the 106th and 107th Congresses (sec. 2(d), H. Res. 5, Jan. 6, 1999, p.
    ----; sec. 3(c), H. Res. 5, Jan. 3, 2001, p. ----); the Committees on
    International Relations and Transportation and Infrastructure were
    permitted to have not more than six during the 107th and 108th
    Congresses (sec. 3(c), H. Res. 5, Jan. 3, 2001, p. ----; sec. 3(b), H.
    Res. 5, Jan. 7, 2003, p. ----); and the Committee on Armed Services was
    permitted to have not more than six during the 108th Congress (sec.
    3(b), H. Res. 5, Jan. 7, 2003, p. ----). In the 108th Congress the
    Committee on Appropriations reorganized its subcommittees to reflect the
    creation of the new Department on Homeland Security (P.L 107-296). The
    Committee on Appropriations created a new subcommittee on Homeland
    Security and combined the subcommittees on Transportation and Treasury,
    Postal Service and General Government. The committee's reorganization of
    subcommittees was in compliance with this clause. .

      (e) The House shall fill a vacancy on a standing committee by election
    on the nomination of the respective party caucus or conference.

      This paragraph was first adopted in the 62d Congress (VIII, 2178). At
    the beginning of the 80th Congress it was amended to prevent a Member
    from serving on more than one standing committee, except that Members
    elected to serve on the Committees on District of Columbia or Un-
    American Activities (renamed the Committee on Internal Security and
    jurisdiction redefined on Feb. 19, 1969, p. 3723) could be elected to
    serve on not more

    [[Page [496]]]

    than two standing committees, and that Members of the majority party,
    serving on the Committee on Expenditures in the Executive Departments
    (changed to Committee on Government Operations July 3, 1952, p. 9217) or
    House Administration could be elected to serve on not more than two
    standing committees. This limitation was continued through the 80th,
    81st, and part of the 82d Congresses until July 3, 1952 (p. 9217) when
    it was modified so that Members elected to serve on the Committees on
    the District of Columbia, Government Operations, Un-American Activities,
    or House Administration could be elected to serve on not more than two
    standing committees. It was restored to its original form by amendment
    on January 13, 1953 (p. 368) so that there was no limitation in House
    rules on the number of committees to which a Member may be elected until
    the 104th Congress added paragraph (b)(2) (see Sec. 760, supra). Party
    caucuses or conferences have also placed restrictions on committee
    assignments. The role of the respective party caucus or conference in
    making nominations to fill vacancies in standing committees was made
    part of the rule in the 98th Congress (H. Res. 5, Jan. 3, 1983, p. 34).
    Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 6(e) of rule X (H. Res. 5, Jan. 6,
    1999, p. ----).
      Form of resolution electing a Member to a committee and fixing his
    rank thereon (Jan. 23, 1947, p. 536; H. Res. 157, May 25, 1995, p.
    14424). The House by unanimous consent fixed the relative rank of two
    Members on a committee where an error had been made on the original
    appointment (Jan. 20, 1947, p. 481). The House has filled a vacancy on a
    standing committee (H. Res. 43, Jan. 24, 1991, p. 2169) with a Member
    subsequently designated by his party caucus as ``temporary'' (in order
    to avoid caucus limitations on committee assignments) (Feb. 5, 1991, p.
    2814).

    Expense resolutions
      6. <> (a) Whenever a
    committee, commission, or other entity (other than the Committee on
    Appropriations) is granted authorization for the payment of its expenses
    (including staff salaries) for a Congress, such authorization initially
    shall be procured by one primary expense resolution reported by the
    Committee on House Administration. A primary expense resolution may
    include a reserve fund for unanticipated expenses of committees. An
    amount from such a reserve fund may be allocated to a committee only by
    the approval of the

    [[Page [497]]]

    Committee on House Administration. A primary expense resolution reported
    to <> the House may not be
    considered in the House unless a printed report thereon was available on
    the previous calendar day. For the information of the House, such report
    shall--
          (1) state the total amount of the funds to be provided to the
    committee, commission, or other entity under the primary expense
    resolution for all anticipated activities and programs of the committee,
    commission, or other entity; and
          (2) to the extent practicable, contain such general statements
    regarding the estimated foreseeable expenditures for the respective
    anticipated activities and programs of the committee, commission, or
    other entity as may be appropriate to provide the House with basic
    estimates of the expenditures contemplated by the primary expense
    resolution.
      (b) After the date of adoption by the House <> of a primary expense resolution for a
    committee, commission, or other entity for a Congress, authorization for
    the payment of additional expenses (including staff salaries) in that
    Congress may be procured by one or more supplemental expense resolutions
    reported by the Committee on House Administration, as necessary. A
    supplemental expense resolution reported to the House may not be
    considered in the House unless a printed report thereon was available on
    the previous calendar day.

    [[Page [498]]]

    For the information of the House, such report shall--
          (1) state the total amount of additional funds to be provided to
    the committee, commission, or other entity under the supplemental
    expense resolution and the purposes for which those additional funds are
    available; and
          (2) state the reasons for the failure to procure the additional
    funds for the committee, commission, or other entity by means of the
    primary expense resolution.
      (c) The preceding provisions of this clause do not apply to--
          (1) a <> resolution providing for the payment from committee salary
    and expense accounts of the House of sums necessary to pay compensation
    for staff services performed for, or to pay other expenses of, a
    committee, commission, or other entity at any time after the beginning
    of an odd-numbered year and before the date of adoption by the House of
    the primary expense resolution described in paragraph (a) for that year;
    or
          (2) a resolution providing each of the standing committees in a
    Congress additional office equipment, airmail and special-delivery
    postage stamps, supplies, staff personnel, or any other specific item
    for the operation of the standing committees, and containing an
    authorization for the payment from committee salary and expense accounts
    of the House of

    [[Page [499]]]

    the expenses of any of the foregoing items provided by that resolution,
    subject to and until enactment of the provisions of the resolution as
    permanent law.

      Paragraphs (a)-(c) of this clause were contained originally in section
    110(b) of the Legislative Reorganization Act of 1970 (84 Stat. 1140) and
    was added to the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p.
    144). Effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974,
    p. 34470), the authority of all committees to incur expenses, including
    travel expenses, was made contingent upon adoption by the House of
    resolutions reported pursuant to this clause (clause 1(b) of rule XI).
    The clause was amended in the 95th Congress (H. Res. 5, Jan. 4, 1977,
    pp. 53-70) to extend its applicability to all committees, commissions,
    and entities rather than just to standing committees. Paragraphs (a)-(c)
    were amended in the 104th Congress to institute biennial funding of
    committee expenses and to require that all committee staff salaries and
    expenses (including statutory staff) be authorized by expense resolution
    (sec. 101(c), H. Res. 6, Jan. 4, 1995, p. 462). In the 105th Congress
    paragraph (a) was amended to permit a primary expense resolution to
    include a reserve fund for unanticipated expenses of committees (H. Res.
    5, Jan. 7, 1997, p. 121). A technical correction to paragraphs (a) and
    (b) was effected in the 106th Congress to conform references to a
    renamed committee (H. Res. 5, Jan. 6, 1999, p. ----). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 5 of rule XI (H. Res. 5, Jan. 6, 1999, p. ----).
      The Committee on Appropriations is not covered by this clause, but is
    reimbursed by funds in appropriation acts for expenses of examinations
    of estimates of appropriations in the field (31 U.S.C. 22a). An
    exemption from this clause for the Committee on the Budget was effective
    from the enactment of the Congressional Budget Act of 1974 through the
    103d Congress.
      Based on the exception stated in paragraph (c), a resolution
    establishing a task force of members of a standing committee and
    providing for the payment of its expenses from the contingent fund of
    the House (now referred to as ``applicable accounts of the House
    described in clause 1(i)(1) of rule X'') was held not to be subject to a
    point of order under clause 5(a) for lack of report language detailing
    the funding provided, since the resolution was called up at the
    beginning of the session prior to consideration of a primary expense
    resolution for all committees for that calendar year (Feb. 5, 1992, p.
    1621).

    [[Page [500]]]

      (d) <> From the funds made available for the appointment of
    committee staff by a primary or additional expense resolution, the
    chairman of each committee shall ensure that sufficient staff is made
    available to each subcommittee to carry out its responsibilities under
    the rules of the committee and that the minority party is treated fairly
    in the appointment of such staff.

      Paragraph (d) was adopted in the 104th Congress (sec. 101(c)(4), H.
    Res. 6, Jan. 4, 1995, p. 462). A preceding form of the paragraph, first
    adopted in the 94th Congress, authorized the chairman and ranking
    minority member of a subcommittee each to appoint one staff member to
    the subcommittee (H. Res. 5, Jan. 14, 1975, p. 20). As adopted in the
    93d Congress to take effect on the first day of the 94th Congress, the
    paragraph had required that each standing committee, upon request of a
    majority of its minority members, devote one-third of its staffing funds
    to the needs of the minority (H. Res. 988, Oct. 8, 1974, p. 34470). As
    originally adopted in the 92d Congress, the paragraph had required that
    the minority be accorded fair consideration in the appointment of
    committee staff (H. Res. 5, Jan. 22, 1971, p. 144). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 5(d) of rule X (H. Res. 5, Jan. 6, 1999, p. ----).

      (e) Funds authorized for a committee under this clause and clauses 7
    and 8 are for expenses incurred in the activities of the committee.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 2(n)(1) of rule XI (H. Res. 5, Jan.
    6, 1999, p. ----).

    Interim funding
      7. (a) <> For the period beginning at
    noon on January 3 and ending at midnight on March 31 in each odd-
    numbered year, such sums as may be necessary shall be paid out of the
    committee salary and expense ac

    [[Page [501]]]

    counts of the House for continuance of necessary investigations and
    studies by--
          (1) each standing and select committee established by these rules;
    and
          (2) except as specified in paragraph (b), each select committee
    established by resolution.
      (b) In the case of the first session of a Congress, amounts shall be
    made available for a select committee established by resolution in the
    preceding Congress only if--
          (1) a resolution proposing to reestablish such select committee is
    introduced in the present Congress; and
          (2) the House has not adopted a resolution of the preceding
    Congress providing for termination of funding for investigations and
    studies by such select committee.
      (c) Each committee described in paragraph (a) shall be entitled for
    each month during the period specified in paragraph (a) to 9 percent (or
    such lesser percentage as may be determined by the Committee on House
    Administration) of the total annualized amount made available under
    expense resolutions for such committee in the preceding session of
    Congress.
      (d) Payments under this clause shall be made on vouchers authorized by
    the committee involved, signed by the chairman of the committee, except
    as provided in paragraph (e), and approved by the Committee on House
    Administration.
      (e) Notwithstanding any provision of law, rule of the House, or other
    authority, from noon on

    [[Page [502]]]

    January 3 of the first session of a Congress until the election by the
    House of the committee concerned in that Congress, payments under this
    clause shall be made on vouchers signed by--
          (1) the member of the committee who served as chairman of the
    committee at the expiration of the preceding Congress; or
          (2) if the chairman is not a Member, Delegate, or Resident
    Commissioner in the present Congress, then the ranking member of the
    committee as it was constituted at the expiration of the preceding
    Congress who is a member of the majority party in the present Congress.
      (f)(1) The authority of a committee to incur expenses under this
    clause shall expire upon adoption by the House of a primary expense
    resolution for the committee.
      (2) Amounts made available under this clause shall be expended in
    accordance with regulations prescribed by the Committee on House
    Administration.
      (3) This clause shall be effective only insofar as it is not
    inconsistent with a resolution reported by the Committee on House
    Administration and adopted by the House after the adoption of these
    rules.

      This clause (former clause 5(f) of rule XI) was originally adopted in
    the 99th Congress to provide automatic interim funding for committees at
    the beginning of a Congress (H. Res. 7, Jan. 3, 1985, p. 393).
    Resolutions providing such interim funding had been routinely adopted at
    the convening of Congress before the adoption of this standing
    authority. In the 100th Congress, the provision was amended to make the
    automatic committee funding mechanism applicable to the first three
    months of the second session of a Congress, as well as the first
    session, and to authorize the Com

    [[Page [503]]]

    mittee on House Administration to establish interim funding for any
    committee at a percentage lower than 9 percent of the total annualized
    amount (H. Res. 5, Jan. 6, 1987, p. 6). In the 104th and 106th
    Congresses technical corrections were effected to conform references to
    a renamed committee (sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 464; H.
    Res. 5, Jan. 6, 1999, p. ----). Before the House recodified its rules in
    the 106th Congress, this provision was found in former clause 5(f) of
    rule XI (H. Res. 5, Jan. 6, 1999, p. ----). Clerical corrections were
    effected in the 107th Congress (sec. 2(x), H. Res. 5, Jan. 3, 2001, p.
    ----).
      At its organization the 104th Congress suspended the operation of
    paragraph (f) in favor of special provisions for interim funding in
    light of its abolishment of three standing committees, its reduction in
    the overall number of committee staff, and its institution of biennial
    primary expense resolutions (sec. 101(c)(3), H. Res. 6, Jan. 4, 1995, p.
    462).

    Travel
      8. (a) <> Local currencies owned by the
    United States shall be made available to the committee and its employees
    engaged in carrying out their official duties outside the United States
    or its territories or possessions. Appropriated funds, including those
    authorized under this clause and clauses 6 and 8, may not be expended
    for the purpose of defraying expenses of members of a committee or its
    employees in a country where local currencies are available for this
    purpose.
      (b) The following conditions shall apply with respect to travel
    outside the United States or its territories or possessions:
          (1) A member or employee of a committee may not receive or expend
    local currencies for subsistence in a country for a day at a rate in
    excess of the maximum per diem set forth in applicable Federal law.

    [[Page [504]]]

          (2) A member or employee shall be reimbursed for his expenses for
    a day at the lesser of--
              (A) the per diem set forth in applicable Federal law; or
              (B) the actual, unreimbursed expenses (other than for
    transportation) he incurred during that day.
          (3) <> Each member or employee of
    a committee shall make to the chairman of the committee an itemized
    report showing the dates each country was visited, the amount of per
    diem furnished, the cost of transportation furnished, and funds expended
    for any other official purpose and shall summarize in these categories
    the total foreign currencies or appropriated funds expended. Each report
    shall be filed with the chairman of the committee not later than 60 days
    following the completion of travel for use in complying with reporting
    requirements in applicable Federal law and shall be open for public
    inspection.
      (c)(1) In carrying out the activities of a committee outside the
    United States in a country where local currencies are unavailable, a
    member or employee of a committee may not receive reimbursement for
    expenses (other than for transportation) in excess of the maximum per
    diem set forth in applicable Federal law.
      (2) A member or employee shall be reimbursed for his expenses for a
    day, at the lesser of--

    [[Page [505]]]

          (A) the per diem set forth in applicable Federal law; or
          (B) the actual unreimbursed expenses (other than for
    transportation) he incurred during that day.
      (3) A member or employee of a committee may not receive reimbursement
    for the cost of any transportation in connection with travel outside the
    United States unless the member or employee actually paid for the
    transportation.
      (d) The restrictions respecting travel outside the United States set
    forth in paragraph (c) also shall apply to travel outside the United
    States by a Member, Delegate, Resident Commissioner, officer, or
    employee of the House authorized under any standing rule.

      Prior to the adoption of this clause (former clause 2(n) of rule XI)
    and of clause 1(b) of rule XI under the Committee Reform Amendments of
    1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974,
    p. 34470), each committee was given separate authority to incur expenses
    in connection with its investigations and studies, and certain
    committees were authorized to use local currencies for foreign committee
    travel, in resolutions reported from the Committee on Rules in each
    Congress. This clause was amended in the 95th Congress (H. Res. 5, Jan.
    4, 1977, pp. 53-70) to clarify the availability of local currencies for
    travel outside the United States and its territories and possessions, to
    require reports within 60 days for use in complying with statutory
    reporting requirements, and to authorize the Committee on House
    Administration to recommend in expense resolutions expenses for foreign
    as well as domestic travel. This clause was further amended on March 2,
    1977 (H. Res. 287, 95th Cong., pp. 5933-53) to limit all travel expenses
    to the maximum per diem rate or actual, unreimbursed expenses, whichever
    is less. Before the House recodified its rules in the 106th Congress,
    this provision was found in former clause 2(n) of rule XI, except that
    the ``lame duck'' travel prohibitions formerly found in clause 2(n)(5)
    of rule XI and clause 8 of rule I were transferred to former rule XXV
    (redesignated as rule XXIV in the 107th Congress) (H. Res. 5, Jan. 6,
    1999, p. ----).
      Under section 502(b) of the Mutual Security Act of 1954 (22 U.S.C.
    1754), foreign local currencies owned or purchased by the United States
    may be

    [[Page [506]]]

    used for foreign travel expenses by members or employees of standing or
    select committees when authorized by the chairman thereof, and by other
    Members or employees when authorized by the Speaker. Consolidated
    committee reports prepared on a quarterly basis, and individual reports
    required within 30 days after the travel involved, must be forwarded to
    the Clerk of the House and published in the Congressional Record.

    Committee staffs
      9. <> (a)(1) Subject to
    subparagraph (2) and paragraph (f), each standing committee may appoint,
    by majority vote, not more than 30 professional staff members to be
    compensated from the funds provided for the appointment of committee
    staff by primary and additional expense resolutions. Each professional
    staff <> member appointed under this
    subparagraph shall be assigned to the chairman and the ranking minority
    member of the committee, as the committee considers advisable.
      (2) <> Subject to paragraph (f) whenever a
    majority of the minority party members of a standing committee (other
    than the Committee on Standards of Official Conduct or the Permanent
    Select Committee on Intelligence) so request, not more than 10 persons
    (or one-third of the total professional committee staff appointed under
    this clause, whichever is fewer) may be selected, by majority vote of
    the minority party members, for appointment by the committee as
    professional staff members under subparagraph (1). The committee shall
    appoint persons so selected whose character and qualifications are
    acceptable to a majority of the committee. If the committee determines
    that the

    [[Page [507]]]

    character and qualifications of a person so selected are unacceptable, a
    majority of the minority party members may select another person for
    appointment by the committee to the professional staff until such
    appointment is made. Each professional staff member appointed under this
    subparagraph shall be assigned to such committee business as the
    minority party members of the committee consider advisable.

      This clause (former clause 6 of rule XI) had its origins in section
    202 of the Legislative Reorganization Act of 1946 (60 Stat. 812), which
    allocated up to four nonpartisan professionals to each committee other
    than Appropriations and specifically provided for clerical staff, and
    which was incorporated into the rules on January 3, 1953 (p. 24).
    Section 302(b) of the Legislative Reorganization Act of 1970 (84 Stat.
    1140), which increased the authorized maximum for professional staff
    from four to six and added the concept of minority staffing, was
    incorporated into the rules in the 92d Congress (H. Res. 5, Jan. 22,
    1971, p. 144). In the 93d Congress the maximum was increased from six to
    18, the minority entitlement within that number was increased from two
    to six, a requirement that professional staff be appointed without
    regard to political affiliation was eliminated, and prohibitions against
    consideration of race, creed, sex, or age in the appointment of staff
    were added (H. Res. 988, Oct. 8, 1974, p. 34470). An exemption for the
    Committee on the Budget was included in section 901 of the Congressional
    Budget Act of 1974 (88 Stat. 330), was later omitted under the Committee
    Reform Amendments of 1974 (H. Res. 988, Oct. 8, 1974, p. 34470), and was
    reinserted by the 94th Congress (H. Res. 5, Jan. 14, 1975, p. 20). The
    requirement added in 1975 that staff positions made available to
    subcommittee chairmen and ranking minority members pursuant to former
    provisions of clause 5 of rule XI be provided from staff positions
    available under this clause unless provided in a primary or additional
    expense resolution was eliminated in the 104th Congress (sec. 101(c)(5),
    H. Res. 6, Jan. 4, 1995, p. 462). The 98th Congress added the Permanent
    Select Committee on Intelligence to the exception for the Committee on
    Standards of Official Conduct (H. Res. 58, Mar. 1, 1983, p. 3241). The
    101st Congress added an exemption for the Committee on Rules (H. Res. 5,
    Jan. 3, 1989, p. 72). The Ethics Reform Act of 1989 struck the
    antidiscrimination provisions as redundant (P.L. 101-194, Nov. 30,
    1989). The 104th Congress eliminated the former distinction between
    professional and clerical staff, set the authorized maximum for
    committee staff under expense resolutions at 30, eliminated subcommittee
    entitlement to staff, and set the entitlement of the full committee
    minority within that number

    [[Page [508]]]

    at one-third (sec. 101(c)(5), H. Res. 6, Jan. 4, 1995, p. 462). The
    104th Congress also mandated that the total number of staff of House
    committees be at least one-third less than the corresponding total in
    the 103d Congress (sec. 101(a), H. Res. 6, Jan. 4, 1995, p. 462). Before
    the House recodified its rules in the 106th Congress, this provision was
    found in former clause 6 of rule XI (H. Res. 5, Jan. 6, 1999, p. ----).
      Additional staff of committees are authorized by the Committee on
    House Administration and agreed to by the House. There is no legal power
    to fill a vacancy in the clerkship of a committee after one Congress has
    expired and before the next House has been organized (IV, 4539). An
    assault upon the clerk of a committee within the walls of the Capitol
    was held to be a breach of privilege (II, 1629). The pay of clerks has
    been the subject of several decisions (IV, 4536-4538).
      Committees <> may, with the
    approval of the Committee on House Administration, procure the temporary
    or intermittent services of consultants and obtain specialized training
    for professional staff, subject to expense resolutions, under the
    Legislative Reorganization Act of 1970, sections 303 and 304 (2 U.S.C.
    72a(i) and (j)).

      (b)(1) <> The professional staff
    members of each standing committee--
          (A) may not engage in any work other than committee business
    during congressional working hours; and
          (B) may not be assigned a duty other than one pertaining to
    committee business.
      (2)(A) Subparagraph (1) does not apply to staff designated by a
    committee <> as
    ``associate'' or ``shared'' staff who are not paid exclusively by the
    committee, provided that the chairman certifies that the compensation
    paid by the committee for any such staff is commensurate with the work
    performed for the committee in accordance with clause 8 of rule XXIII.
      (B) The use of any ``associate'' or ``shared'' staff by a committee
    other than the Committee on Appropriations shall be subject to the
    review of,

    [[Page [509]]]

    and to any terms, conditions, or limitations established by, the
    Committee on House Administration in connection with the reporting of
    any primary or additional expense resolution.

      The Ethics Reform Act of 1989 prescribed that staff work be confined
    to committee business during congressional working hours but maintained
    exceptions for the Committees on the Budget and Rules (P.L. 101-194,
    Nov. 30, 1989). The 104th Congress eliminated exceptions by committee in
    favor of exceptions for ``associate'' or ``shared'' staff (sec.
    101(c)(5), H. Res. 6, Jan. 4, 1995, p. 462). Technical corrections were
    effected in the 104th Congress (H. Res. 254, Nov. 30, 1995, p. 35077);
    in the 106th Congress, which conformed references to a renamed committee
    (H. Res. 5, Jan. 6, 1999, p. ----); in the 107th Congress, which
    conformed references to a redesignated rule (sec. 2(s), H. Res. 5, Jan.
    6, 2001, p. ----); and in the 108th Congress, which confined the
    exception for the Committee on Appropriations to subparagraph (B),
    rather than to the entire paragraph (sec. 2(f), H. Res. 5, Jan. 7, 2003,
    p. ----). Before the House recodified its rules in the 106th Congress,
    this provision was found in former clause 6 of rule XI (H. Res. 5, Jan.
    6, 1999, p. ----).

      (c) <> Each employee on the professional or
    investigative staff of a standing committee shall be entitled to pay at
    a single gross per annum rate, to be fixed by the chairman and that does
    not exceed the maximum rate of pay as in effect from time to time under
    applicable provisions of law.

      This provision (former clause 6(c) of rule XI) was derived from
    section 477(c) of the Legislative Reorganization Act of 1970 (84 Stat.
    1140) and was incorporated into the rules in the 92d Congress (H. Res.
    5, Jan. 22, 1971, p. 144). Under the Committee Reform Amendments of
    1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974,
    p. 34470), the maximum salary was set at level V of the Executive
    Schedule, rather than at the highest rate of basic pay law (5 U.S.C.
    5332(a)), as specified in the 1970 Reorganization Act, and effective in
    the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), the authority
    for two professional staff to be paid at level IV of the Executive
    Schedule was added to the clause. Under section 311 of the Legislative
    Branch Appropriations Act, 1988 (2 U.S.C. 60a-2a), the maximum salary
    for staff members is now set by pay order of the Speaker. At the
    beginning of the 101st Congress, references to particular levels of the
    executive schedule were deleted (H. Res. 5, Jan. 3, 1989, p. 72). In the
    104th Congress this paragraph was amended to reflect

    [[Page [510]]]

    the elimination of the former distinction between ``professional'' and
    ``clerical'' staff (sec. 101(c)(5), H. Res. 6, Jan. 4, 1995, p. 462).
    Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 6 of rule XI (H. Res. 5, Jan. 6,
    1999, p. ----).

      (d) <> Subject to
    appropriations hereby authorized, the Committee on Appropriations may
    appoint by majority vote such staff as it determines to be necessary (in
    addition to the clerk of the committee and assistants for the minority).
    The staff appointed under this paragraph, other than minority
    assistants, shall possess such qualifications as the committee may
    prescribe.

      This paragraph (former clause 6(d) of rule XI) derives from section
    202(b) of the Legislative Reorganization Act of 1946 (60 Stat. 812),
    which was incorporated into the rules on January 3, 1953 (p. 24). The
    exemption was extended to the Committee on the Budget by section 901 of
    the Congressional Budget Act of 1974 (88 Stat. 330). The reference to
    that committee was inadvertently omitted by the 93d Congress (H. Res.
    988, Oct. 8, 1974, p. 34470) and reinserted by the 94th Congress (H.
    Res. 5, Jan. 14, 1975, p. 20). The 104th Congress deleted the exemption
    for the Committee on the Budget (sec. 101(c)(5), H. Res. 6, Jan. 4,
    1995, p. 462). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 6(d) of rule X (H.
    Res. 5, Jan. 6, 1999, p. ----).

      (e) <> A committee may not
    appoint to its staff an expert or other personnel detailed or assigned
    from a department or agency of the Government except with the written
    permission of the Committee on House Administration.

      This paragraph was contained in section 202(f) of the Legislative
    Reorganization Act of 1946 (60 Stat. 812) and was incorporated into the
    rules on January 3, 1953 (p. 24). In the 104th and 106th Congresses it
    was amended to conform references to a renamed committee (sec. 202(b),
    H. Res. 6, Jan. 4, 1995, p. 464; H. Res. 5, Jan. 6, 1999, p. ----).

      (f) If a request for the appointment of a minority professional staff
    member under paragraph

    [[Page [511]]]

    (a) is made when no vacancy exists for such an appointment, the
    committee nevertheless may appoint under paragraph (a) a person selected
    by the minority and acceptable to the committee. A person so appointed
    shall serve as an additional member of the professional staff of the
    committee until such a vacancy occurs (other than a vacancy in the
    position of head of the professional staff, by whatever title
    designated), at which time that person is considered as appointed to
    that vacancy. Such a person shall be paid from the applicable accounts
    of the House described in clause 1(i)(1) of rule X. If such a vacancy
    occurs on the professional staff when seven or more persons have been so
    appointed who are eligible to fill that vacancy, a majority of the
    minority party members shall designate which of those persons shall fill
    the vacancy.
      (g) Each staff member appointed pursuant to a request by minority
    party members under paragraph (a), and each staff member appointed to
    assist minority members of a committee pursuant to an expense resolution
    described in clause 6(a), shall be accorded equitable treatment with
    respect to the fixing of the rate of pay, the assignment of work
    facilities, and the accessibility of committee records.
      (h) Paragraph (a) may not be construed to authorize the appointment of
    additional professional staff members of a committee pursuant to a
    request under paragraph (a) by the minority party members of that
    committee if 10 or more professional staff members provided for in para

    [[Page [512]]]

    graph (a)(1) who are satisfactory to a majority of the minority party
    members are otherwise assigned to assist the minority party members.

      Paragraphs (f)-(h) (former clause 6(f)-(h) of rule XI) are derived
    from section 302(c) of the Legislative Reorganization Act of 1970 (84
    Stat. 1140) and were incorporated into the rules in the 92d Congress (H.
    Res. 5, Jan. 22, 1971, p. 144). Effective January 3, 1975 (H. Res. 988,
    93d Cong., Oct. 8, 1974, p. 34470), conforming changes were made in
    paragraphs (f) and (h) to reflect increased minority professional and
    clerical staff permitted to committees under paragraphs (a) and (b) of
    this clause. In the 104th Congress paragraphs (f)-(h) were amended to
    reflect the elimination of the former distinction between
    ``professional'' and ``clerical'' staff (sec. 101(c)(5), H. Res. 6, Jan.
    4, 1995, p. 462). The 104th Congress also mandated that the total number
    of staff of House committees be at least one-third less than the
    corresponding total in the 103d Congress (sec. 101(a), H. Res. 6, Jan.
    4, 1995, p. 462). In the 105th Congress paragraph (f) was amended to
    update an archaic reference to the ``contingent fund'' (H. Res. 5, Jan.
    7, 1997, p. 121). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 6 of rule XI (H.
    Res. 5, Jan. 6, 1999, p. ----). A clerical correction was effected in
    the 107th Congress (sec. 2(x), H. Res. 5, Jan. 3, 2001, p. ----).

      (i) <> Notwithstanding paragraph
    (a)(2), a committee may employ nonpartisan staff, in lieu of or in
    addition to committee staff designated exclusively for the majority or
    minority party, by an affirmative vote of a majority of the members of
    the majority party and of a majority of the members of the minority
    party.

      Section 202(a) of the Legislative Reorganization Act of 1946 (60 Stat.
    812), which was incorporated into the rules on January 3, 1953 (p. 24),
    required committee professional staffs to be appointed on a permanent
    basis without regard to political affiliation. The concept of minority
    staffing was added by section 302(b) of the Legislative Reorganization
    Act of 1970. Under the Committee Reform Amendments of 1974, effective
    January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470),
    paragraph (i) (former clause 6(i) of rule XI) was added to permit
    committees to employ nonpartisan staff upon an affirmative vote of the
    majority of the members of each party. In the 104th Congress it was
    amended to reflect the elimination of the former distinction between
    ``professional'' and ``clerical'' staff (sec. 101(c)(5), H. Res. 6, Jan.
    4, 1995, p. 462). Before the House recodified

    [[Page [513]]]

    its rules in the 106th Congress, this provision was found in former
    clause 6(i) of rule XI (H. Res. 5, Jan. 6, 1999, p. ----).
      Effective <> in the 95th Congress
    (H. Res. 5, Jan. 4, 1977, pp. 53-70), former clause 6(j) of rule XI,
    which was added on January 3, 1953 (p. 24) and which was contained in
    section 134(b) of the Legislative Reorganization Act of 1945, was
    deleted; that clause required committees to report semiannually to the
    Clerk, for printing in the Congressional Record, on the names,
    professions and salaries of committee employees.

    Select and joint committees
      10. (a) <> Membership on a select or joint committee appointed by
    the Speaker under clause 11 of rule I during the course of a Congress
    shall be contingent on continuing membership in the party caucus or
    conference of which the Member, Delegate, or Resident Commissioner
    concerned was a member at the time of appointment. Should a Member,
    Delegate, or Resident Commissioner cease to be a member of that caucus
    or conference, that Member, Delegate, or Resident Commissioner shall
    automatically cease to be a member of any select or joint committee to
    which he is assigned. The chairman of the relevant party caucus or
    conference shall notify the Speaker whenever a Member, Delegate, or
    Resident Commissioner ceases to be a member of a party caucus or
    conference. The Speaker shall notify the chairman of each affected
    select or joint committee that the appointment of such Member, Delegate,
    or Resident Commissioner to the select or joint committee is
    automatically vacated under this paragraph.

      This party membership requirement for select and joint committees,
    analogous to clause 5(b), was added in the 98th Congress (H. Res. 5,
    1983,

    [[Page [514]]]

    Jan. 3, 1983, p. 34). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 6(g) of rule X (H.
    Res. 5, Jan. 6, 1999, p. ----).

      (b) <> Each
    select or joint committee, other than a conference committee, shall
    comply with clause 2(a) of rule XI unless specifically exempted by law.

      Before the House recodified its rules in the 106th Congress, paragraph
    (b) was found in clause 2(a) of rule XI (H. Res. 5, Jan. 6, 1999, p. --
    --). The extension of clause 2(a) requirements to select and joint
    committees was added to clause 2(a) when that rule was rewritten by the
    Committee Reform Amendments of 1974 (H. Res. 988, 93d Cong., Oct. 8,
    1974, p. 34470).
      A <> paragraph (i) of former clause 6 of rule
    X was incorporated into the rules effective January 3, 1975 (H. Res.
    988, 93d Cong., Oct. 8, 1974, p. 34470), to provide for a permanent
    Select Committee on Aging. That provision was stricken in the 103d
    Congress (H. Res. 5, Jan. 5, 1993, p. 49).

    Permanent Select Committee on Intelligence
      11. (a)(1) There is <> established a Permanent Select Committee on Intelligence
    (hereafter in this clause referred to as the ``select committee''). The
    select committee shall be composed of not more than 18 Members,
    Delegates, or the Resident Commissioner, of whom not more than 10 may be
    from the same party. The select committee shall include at least one
    Member, Delegate, or the Resident Commissioner from each of the
    following committees:
          (A) the Committee on Appropriations;
          (B) the Committee on Armed Services;
          (C) the Committee on International Relations; and
          (D) the Committee on the Judiciary.

    [[Page [515]]]

      (2) The Speaker and the Minority Leader shall be ex officio members of
    the select committee but shall have no vote in the select committee and
    may not be counted for purposes of determining a quorum thereof.
      (3) The Speaker and Minority Leader each may designate a member of his
    leadership staff to assist him in his capacity as ex officio member,
    with the same access to committee meetings, hearings, briefings, and
    materials as employees of the select committee and subject to the same
    security clearance and confidentiality requirements as employees of the
    select committee under this clause.
      (4)(A) Except as permitted by subdivision (B), a Member, Delegate, or
    Resident Commissioner, other than the Speaker or the Minority Leader,
    may not serve as a member of the select committee during more than four
    Congresses in a period of six successive Congresses (disregarding for
    this purpose any service for less than a full session in a Congress).
      (B) In the case of a Member, Delegate, or Resident Commissioner
    appointed to serve as the chairman or the ranking minority member of the
    select committee, tenure on the select committee shall not be limited.
      (b)(1) There shall be referred to the select committee proposed
    legislation, messages, petitions, memorials, and other matters relating
    to the following:
          (A) The Central Intelligence Agency, the Director of Central
    Intelligence, and the Na

    [[Page [516]]]

    tional Foreign Intelligence Program as defined in section 3(6) of the
    National Security Act of 1947.
          (B) Intelligence and intelligence-related activities of all other
    departments and agencies of the Government, including the tactical
    intelligence and intelligence-related activities of the Department of
    Defense.
          (C) The organization or reorganization of a department or agency
    of the Government to the extent that the organization or reorganization
    relates to a function or activity involving intelligence or
    intelligence-related activities.
          (D) Authorizations for appropriations, both direct and indirect,
    for the following:
              (i) The Central Intelligence Agency, the Director of Central
    Intelligence, and the National Foreign Intelligence Program as defined
    in section 3(6) of the National Security Act of 1947.
              (ii) Intelligence and intelligence-related activities of all
    other departments and agencies of the Government, including the tactical
    intelligence and intelligence-related activities of the Department of
    Defense.
              (iii) A department, agency, subdivision, or program that is a
    successor to an agency or program named or referred to in (i) or (ii).
      (2) Proposed legislation initially reported by the select committee
    (other than provisions solely involving matters specified in
    subparagraph (1)(A) or subparagraph (1)(D)(i)) containing any matter
    otherwise within the jurisdiction of a

    [[Page [517]]]

    standing committee shall be referred by the Speaker to that standing
    committee. Proposed legislation initially reported by another committee
    that contains matter within the jurisdiction of the select committee
    shall be referred by the Speaker to the select committee if requested by
    the chairman of the select committee.
      (3) Nothing in this clause shall be construed as prohibiting or
    otherwise restricting the authority of any other committee to study and
    review an intelligence or intelligence-related activity to the extent
    that such activity directly affects a matter otherwise within the
    jurisdiction of that committee.
      (4) Nothing in this clause shall be construed as amending, limiting,
    or otherwise changing the authority of a standing committee to obtain
    full and prompt access to the product of the intelligence and
    intelligence-related activities of a department or agency of the
    Government relevant to a matter otherwise within the jurisdiction of
    that committee.
      (c)(1) For purposes of accountability to the House, the select
    committee shall make regular and periodic reports to the House on the
    nature and extent of the intelligence and intelligence-related
    activities of the various departments and agencies of the United States.
    The select committee shall promptly call to the attention of the House,
    or to any other appropriate committee, a matter requiring the attention
    of the House or another committee. In making such report, the select
    committee shall proceed in a manner con

    [[Page [518]]]

    sistent with paragraph (g) to protect national security.
      (2) The select committee shall obtain annual reports from the Director
    of the Central Intelligence Agency, the Secretary of Defense, the
    Secretary of State, and the Director of the Federal Bureau of
    Investigation. Such reports shall review the intelligence and
    intelligence-related activities of the agency or department concerned
    and the intelligence and intelligence-related activities of foreign
    countries directed at the United States or its interests. An
    unclassified version of each report may be made available to the public
    at the discretion of the select committee. Nothing herein shall be
    construed as requiring the public disclosure in such reports of the
    names of persons engaged in intelligence or intelligence-related
    activities for the United States or the divulging of intelligence
    methods employed or the sources of information on which the reports are
    based or the amount of funds authorized to be appropriated for
    intelligence and intelligence-related activities.
      (3) Within six weeks after the President submits a budget under
    section 1105(a) of title 31, United States Code, or at such time as the
    Committee on the Budget may request, the select committee shall submit
    to the Committee on the Budget the views and estimates described in
    section 301(d) of the Congressional Budget Act of 1974 regarding matters
    within the jurisdiction of the select committee.

    [[Page [519]]]

      (d)(1) Except as specified in subparagraph (2), clauses 8(a), (b), and
    (c) and 9(a), (b), and (c) of this rule, and clauses 1, 2, and 4 of rule
    XI shall apply to the select committee to the extent not inconsistent
    with this clause.
      (2) Notwithstanding the requirements of the first sentence of clause
    2(g)(2) of rule XI, in the presence of the number of members required
    under the rules of the select committee for the purpose of taking
    testimony or receiving evidence, the select committee may vote to close
    a hearing whenever a majority of those present determines that the
    testimony or evidence would endanger the national security.
      (e) An employee of the select committee, or a person engaged by
    contract or otherwise to perform services for or at the request of the
    select committee, may not be given access to any classified information
    by the select committee unless such employee or person has--
          (1) agreed in writing and under oath to be bound by the Rules of
    the House, including the jurisdiction of the Committee on Standards of
    Official Conduct and of the select committee concerning the security of
    classified information during and after the period of his employment or
    contractual agreement with the select committee; and
          (2) received an appropriate security clearance, as determined by
    the select committee in consultation with the Director of Central
    Intelligence, that is commensurate with the sensitivity of the
    classified information to which

    [[Page [520]]]

    such employee or person will be given access by the select committee.
      (f) The select committee shall formulate and carry out such rules and
    procedures as it considers necessary to prevent the disclosure, without
    the consent of each person concerned, of information in the possession
    of the select committee that unduly infringes on the privacy or that
    violates the constitutional rights of such person. Nothing herein shall
    be construed to prevent the select committee from publicly disclosing
    classified information in a case in which it determines that national
    interest in the disclosure of classified information clearly outweighs
    any infringement on the privacy of a person.
      (g)(1) The select committee may disclose publicly any information in
    its possession after a determination by the select committee that the
    public interest would be served by such disclosure. With respect to the
    disclosure of information for which this paragraph requires action by
    the select committee--
          (A) the select committee shall meet to vote on the matter within
    five days after a member of the select committee requests a vote; and
          (B) a member of the select committee may not make such a
    disclosure before a vote by the select committee on the matter, or after
    a vote by the select committee on the matter except in accordance with
    this paragraph.
      (2)(A) In a case in which the select committee votes to disclose
    publicly any information that has been classified under established
    security

    [[Page [521]]]

    procedures, that has been submitted to it by the executive branch, and
    that the executive branch requests be kept secret, the select committee
    shall notify the President of such vote.
      (B) The select committee may disclose publicly such information after
    the expiration of a five-day period following the day on which notice of
    the vote to disclose is transmitted to the President unless, before the
    expiration of the five-day period, the President, personally in writing,
    notifies the select committee that he objects to the disclosure of such
    information, provides his reasons therefor, and certifies that the
    threat to the national interest of the United States posed by the
    disclosure is of such gravity that it outweighs any public interest in
    the disclosure.
      (C) If the President, personally in writing, notifies the select
    committee of his objections to the disclosure of information as provided
    in subdivision (B), the select committee may, by majority vote, refer
    the question of the disclosure of such information, with a
    recommendation thereon, to the House. The select committee may not
    publicly disclose such information without leave of the House.
      (D) Whenever the select committee votes to refer the question of
    disclosure of any information to the House under subdivision (C), the
    chairman shall, not later than the first day on which the House is in
    session following the day on which the vote occurs, report the matter to
    the House for its consideration.

    [[Page [522]]]

      (E) If the chairman of the select committee does not offer in the
    House a motion to consider in closed session a matter reported under
    subdivision (D) within four calendar days on which the House is in
    session after the recommendation described in subdivision (C) is
    reported, then such a motion shall be privileged when offered by a
    Member, Delegate, or Resident Commissioner. In either case such a motion
    shall be decided without debate or intervening motion except one that
    the House adjourn.
      (F) Upon adoption by the House of a motion to resolve into closed
    session as described in subdivision (E), the Speaker may declare a
    recess subject to the call of the Chair. At the expiration of the
    recess, the pending question, in closed session, shall be, ``Shall the
    House approve the recommendation of the select committee?''.
      (G) Debate on the question described in subdivision (F) shall be
    limited to two hours equally divided and controlled by the chairman and
    ranking minority member of the select committee. After such debate the
    previous question shall be considered as ordered on the question of
    approving the recommendation without intervening motion except one
    motion that the House adjourn. The House shall vote on the question in
    open session but without divulging the information with respect to which
    the vote is taken. If the recommendation of the select committee is not
    approved, then the question is considered as recommitted to the select
    committee for further recommendation.

    [[Page [523]]]

      (3)(A) Information in the possession of the select committee relating
    to the lawful intelligence or intelligence-related activities of a
    department or agency of the United States that has been classified under
    established security procedures, and that the select committee has
    determined should not be disclosed under subparagraph (1) or (2), may
    not be made available to any person by a Member, Delegate, Resident
    Commissioner, officer, or employee of the House except as provided in
    subdivision (B).
      (B) The select committee shall, under such regulations as it may
    prescribe, make information described in subdivision (A) available to a
    committee or a Member, Delegate, or Resident Commissioner, and permit a
    Member, Delegate, or Resident Commissioner to attend a hearing of the
    select committee that is closed to the public. Whenever the select
    committee makes such information available, it shall keep a written
    record showing, in the case of particular information, which committee
    or which Member, Delegate, or Resident Commissioner received the
    information. A Member, Delegate, or Resident Commissioner who, and a
    committee that, receives information under this subdivision may not
    disclose the information except in a closed session of the House.
      (4) The Committee on Standards of Official Conduct shall investigate
    any unauthorized disclosure of intelligence or intelligence-related
    information by a Member, Delegate, Resident Commissioner, officer, or
    employee of the House

    [[Page [524]]]

    in violation of subparagraph (3) and report to the House concerning any
    allegation that it finds to be substantiated.
      (5) Upon the request of a person who is subject to an investigation
    described in subparagraph (4), the Committee on Standards of Official
    Conduct shall release to such person at the conclusion of its
    investigation a summary of its investigation, together with its
    findings. If, at the conclusion of its investigation, the Committee on
    Standards of Official Conduct determines that there has been a
    significant breach of confidentiality or unauthorized disclosure by a
    Member, Delegate, Resident Commissioner, officer, or employee of the
    House, it shall report its findings to the House and recommend
    appropriate action. Recommendations may include censure, removal from
    committee membership, or expulsion from the House, in the case of a
    Member, or removal from office or employment or punishment for contempt,
    in the case of an officer or employee.
      (h) The select committee may permit a personal representative of the
    President, designated by the President to serve as a liaison to the
    select committee, to attend any closed meeting of the select committee.
      (i) Subject to the Rules of the House, funds may not be appropriated
    for a fiscal year, with the exception of a bill or joint resolution
    continuing appropriations, or an amendment thereto, or a conference
    report thereon, to, or for use of, a department or agency of the United
    States

    [[Page [525]]]

    to carry out any of the following activities, unless the funds shall
    previously have been authorized by a bill or joint resolution passed by
    the House during the same or preceding fiscal year to carry out such
    activity for such fiscal year:
          (1) The activities of the Central Intelligence Agency and the
    Director of Central Intelligence.
          (2) The activities of the Defense Intelligence Agency.
          (3) The activities of the National Security Agency.
          (4) The intelligence and intelligence-related activities of other
    agencies and subdivisions of the Department of Defense.
          (5) The intelligence and intelligence-related activities of the
    Department of State.
          (6) The intelligence and intelligence-related activities of the
    Federal Bureau of Investigation, including all activities of the
    Intelligence Division.
      (j)(1) In this clause the term ``intelligence and intelligence-related
    activities'' includes--
          (A) the collection, analysis, production, dissemination, or use of
    information that relates to a foreign country, or a government,
    political group, party, military force, movement, or other association
    in a foreign country, and that relates to the defense, foreign policy,
    national security, or related policies of the United States and other
    activity in support of

    [[Page [526]]]

    the collection, analysis, production, dissemination, or use of such
    information;
          (B) activities taken to counter similar activities directed
    against the United States;
          (C) covert or clandestine activities affecting the relations of
    the United States with a foreign government, political group, party,
    military force, movement, or other association;
          (D) the collection, analysis, production, dissemination, or use of
    information about activities of persons within the United States, its
    territories and possessions, or nationals of the United States abroad
    whose political and related activities pose, or may be considered by a
    department, agency, bureau, office, division, instrumentality, or
    employee of the United States to pose, a threat to the internal security
    of the United States; and
          (E) covert or clandestine activities directed against persons
    described in subdivision (D).
      (2) In this clause the term ``department or agency'' includes any
    organization, committee, council, establishment, or office within the
    Federal Government.
      (3) For purposes of this clause, reference to a department, agency,
    bureau, or subdivision shall include a reference to any successor
    department, agency, bureau, or subdivision to the extent that a
    successor engages in intelligence or intelligence-related activities now
    conducted by the department, agency, bureau, or subdivision referred to
    in this clause.

    [[Page [527]]]

      (k) Clause 12(a) of rule XXII does not apply to meetings of a
    conference committee respecting legislation (or any part thereof)
    reported by the Permanent Select Committee on Intelligence.

      This clause (former rule XLVIII) was <> adopted in
    the 95th Congress (H. Res. 658, July 14, 1977, pp. 22932-49) and has had
    several technical amendments: (1) to change the size of the Select
    Committee from 13 to 14 members (H. Res. 70, 96th Cong., Jan. 25, 1979,
    p. 1023); (2) to reflect a change in the name of a committee (H. Res.
    89, 96th Cong., Feb. 5, 1979, p. 1848); (3) to change the size to not
    more than 16 members (H. Res. 33, 99th Cong., Jan. 30, 1985, p. 1271);
    (4) to change the size to not more than 17 members and to change the
    cross-reference in clause 7(c)(1) to include paragraph (a) or (b) (H.
    Res. 5, 100th Cong., Jan. 6, 1987, p. 6); (5) to change the size to not
    more than 19 members (H. Res. 5, 101st Cong., Jan. 3, 1989, p. 73) and
    to permit the Speaker to attend meetings and have access to information
    (H. Res. 268, Nov. 14, 1989, p. 28789); (6) to strike obsolete language
    relating to tenure restrictions in clause 1 and relating to the
    requirement for authorizations of appropriations in clause 9 (H. Res. 5,
    102d Cong., Jan. 3, 1991, p. 39); (7) to make certain conforming changes
    (Budget Enforcement Act of 1997, sec. 10104, P.L. 105-33; H. Res. 5,
    Jan. 6, 1999, p. ----); (8) to increase the size of the Committee to not
    more than 18 members, of whom not more than 10 shall be of the same
    political party (sec. 2(h), H. Res. 5, 107th Cong., Jan. 3, 2001, p. --
    --); (9) to make a clerical correction in a cross reference (sec. 2(x),
    H. Res. 5, 107th Cong., Jan. 3, 2001, p. ----); and (10) to remove the
    tenure limitation for the chairman and ranking minority member (sec.
    2(e-1), H. Res. 5, Jan. 7, 2003, p. ----). Before the House recodified
    its rules in the 106th Congress, this provision was found in former rule
    XLVIII (H. Res. 5, Jan. 6, 1999, p. ----). By order of the House, the
    size of the Committee was increased for the 107th Congress to not more
    than 20 members, of whom not more than 11 shall be of the same political
    party (Jan. 6, 2001, p. ----).
      More substantive amendments have been adopted as follows: (1) clause 4
    was amended to make former clause 6(c) of rule XI (current clause 9(c)
    of rule X) applicable to salaries of the staff of the Select Committee
    (H. Res. 5, Jan. 15, 1979, pp. 7-16); (2) paragraph (d) (former clause
    4) was amended to make an exception to the provisions of clause 2(g)(2)
    of rule XI (requiring a majority of the membership of a committee be
    present in order to vote to close a hearing) to allow the Select
    Committee to vote to go into executive session if a majority of the
    members present, there being in attendance the requisite number under
    the Select Committee rules for the purpose of taking testimony,
    determine that it is necessary to do so for national security reasons
    (but in no event to be determined by less than two members) (H. Res.
    165, Mar. 29, 1979, p. 6820); and (3) paragraph

    [[Page [528]]]

    (d) (former clause 4) was amended to provide the Select Committee with
    permanent professional and clerical staff as provided by former clauses
    6(a) and (b) of rule XI (current clauses 9(a) and (b) of rule X) (H.
    Res. 58, Mar. 1, 1983, p. 3241).
      In the 104th Congress the rule was amended in several different
    respects: (1) to limit the size of the panel to 16, with no more than
    nine members from the same party; (2) to set the tenure limitation at
    four Congresses within a period of six Congresses, with exceptions for
    ongoing service as chairman or ranking minority member; (3) to make the
    Speaker (rather than the Majority Leader) an ex officio member of the
    panel (as opposed to his former free access to its meetings and
    information); (4) to clarify jurisdiction over the National Foreign
    Intelligence Program and the tactical intelligence and intelligence-
    related activities of the Department of Defense; (5) to clarify staffing
    arrangements for the Speaker and the Minority Leader as ex officio
    members; and (6) to conform references to renamed committees (sec. 221,
    H. Res. 6, Jan. 4, 1995, p. 469).
      The resolution creating the Select Committee directed the committee to
    make a study with respect to intelligence and intelligence-related
    activities of the U.S. and to report thereon, together with appropriate
    recommendations, not later than the close of the 95th Congress (sec. 3,
    H. Res. 658; see H. Rept. 95-1795, Oct. 14, 1978), and transferred to
    the Select Committee all records, files, documents, and other materials
    of the Select Committee on Intelligence of the 94th Congress in the
    possession, custody, or control of the Clerk of the House.
      The Select Committee has concurrent jurisdiction with the Committee on
    the Judiciary over bills concerning electronic surveillance of foreign
    intelligence (Nov. 4, 1977, p. 37070); concurrent jurisdiction with the
    Committees on Science, Space, and Technology (now Science) and Foreign
    Affairs (now International Relations) over a bill establishing a
    satellite monitoring commission (Mar. 15, 1988, p. 3847); and sole
    jurisdiction over a resolution of inquiry directing the Secretary of
    Defense to furnish to the House documents and information on Cuban or
    other foreign military or paramilitary presence in Panama or the Canal
    Zone (Apr. 6, 1978, p. 9105).
      Paragraph (g)(2) places restrictions on the Select Committee only with
    respect to the public disclosure of classified information in the
    possession of that committee, and does not prevent the House from
    determining to release any matter properly presented to it in secret
    session pursuant to clause 9 of rule XVII (former rule XXIX) (Feb. 25,
    1980, p. 3618).
      For a discussion of the role of the Permanent Select Committee on
    Intelligence in regulating access to the classified records of the
    former Select Committee on U.S. National Security and Military/
    Commercial Concerns With the People's Republic of China, see Sec. 1112a,
    infra.
      In the 107th Congress the Select Committee was given oversight
    authority described in clause 3(l) of rule X (sec. 2(f), H. Res. 5, Jan.
    3, 2001, p. ----).

    [[Page [529]]]

    [DOCID:hd284-107]
                                     Rule XI

    [DOCID:hd284-108]
                procedures of committees and unfinished business

    In general
      1. <> (a)(1)(A) Except as provided
    in subdivision (B), the Rules of the House are the rules of its
    committees and subcommittees so far as applicable.
      (B) A motion to recess from day to day, and a motion to dispense with
    the first reading (in full) of a bill or resolution, if printed copies
    are available, each shall be privileged in committees and subcommittees
    and shall be decided without debate.
      (2) Each subcommittee is a part of its committee and is subject to the
    authority and direction of that committee and to its rules, so far as
    applicable.

      Paragraph (a)(1) was first adopted December 8, 1931 (VIII, 2215), and
    amended March 23, 1955 (pp. 3569, 3585). In the 92d Congress (H. Res. 5,
    Jan. 22, 1971, p. 144), paragraph (a)(2) was incorporated into the
    rules, together with the reference to subcommittees contained in
    paragraph (a)(1), having been contained in the Legislative
    Reorganization Act of 1970 (84 Stat. 1140). This clause was amended in
    the 99th Congress to allow a privileged motion in committee and
    subcommittee to dispense with the first reading of a measure where
    printed copies are available (H. Res. 7, Jan. 3, 1985, p. 393). Clerical
    and stylistic changes were effected when the House recodified its rules
    in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. ----). See
    Jefferson's Manual at Sec. 412, supra, for the requirement that a bill
    or resolution be read in full upon demand, prior to being read by
    paragraphs or sections for amendment.
      Each committee may appoint subcommittees (VI, 532), which should
    include majority and minority representation (IV, 4551), and confer on
    them powers delegated to the committee itself (VI, 532) except such
    powers as are reserved to the full committee by the Rules of the House;
    but express authority has also been given subcommittees by the House
    (III, 1754-1759, 1801, 2499, 2504, 2508, 2517; IV, 4548).

    [[Page [530]]]

      As indicated in Sec. 369, supra, clause 1(a)(1)(A) enables standing
    and select committees to enforce in committee applicable House rules of
    decorum, such as clause 2 of rule I and rule XVII.

      (b)(1) <> Each committee may
    conduct at any time such investigations and studies as it considers
    necessary or appropriate in the exercise of its responsibilities under
    rule X. Subject to the adoption of expense resolutions as required by
    clause 6 of rule X, each committee may incur expenses, including travel
    expenses, in connection with such investigations and studies.
      (2) A proposed investigative or oversight report shall be considered
    as read in committee if it has been available to the members for at
    least 24 hours (excluding Saturdays, Sundays, or legal holidays except
    when the House is in session on such a day).
      (3) A report of an investigation or study conducted jointly by more
    than one committee may be filed jointly, provided that each of the
    committees complies independently with all requirements for approval and
    filing of the report.
      (4) After an adjournment sine die of the last regular session of a
    Congress, an investigative or oversight report may be filed with the
    Clerk at any time, provided that a member who gives timely notice of
    intention to file supplemental, minority, or additional views shall be
    entitled to not less than seven calendar days in which to submit such
    views for inclusion in the report.

      Paragraph (b)(1) was incorporated into the rules under the Committee
    Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470), and, together with clauses 2(m) and 2(n)

    [[Page [531]]]

    of rule XI, eliminated the necessity that each committee obtain such
    authority each Congress by a separate resolution reported from the
    Committee on Rules. Paragraphs (b)(2), (b)(3), and (b)(4) were added in
    the 105th Congress (H. Res. 5, Jan. 7, 1997, p. 121). Clerical and
    stylistic changes were effected when the House recodified its rules in
    the 106th Congress (H. Res. 5, Jan. 6, 1999, p. ----).

      (c) <> Each committee may have
    printed and bound such testimony and other data as may be presented at
    hearings held by the committee or its subcommittees. All costs of
    stenographic services and transcripts in connection with a meeting or
    hearing of a committee shall be paid from the applicable accounts of the
    House described in clause 1(i)(1) of rule X.

      Paragraph (c) was made part of the rules by the Committee Reform
    Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470). In the 105th and 106th Congresses, it was
    amended to update a reference to the ``contingent fund'' (H. Res. 5,
    Jan. 7, 1997, p. 121; H. Res. 5, Jan. 6, 1999, p. ----). Clerical and
    stylistic changes were effected when the House recodified its rules in
    the 106th Congress (H. Res. 5, Jan. 6, 1999, p. ----).

      (d)(1) <> Each committee shall
    submit to the House not later than January 2 of each odd-numbered year a
    report on the activities of that committee under this rule and rule X
    during the Congress ending at noon on January 3 of such year.
      (2) Such report shall include separate sections summarizing the
    legislative and oversight activities of that committee during that
    Congress.
      (3) The oversight section of such report shall include a summary of
    the oversight plans submitted by the committee under clause 2(d) of rule
    X, a summary of the actions taken and recommendations made with respect
    to each such

    [[Page [532]]]

    plan, a summary of any additional oversight activities undertaken by
    that committee, and any recommendations made or actions taken thereon.
      (4) After an adjournment sine die of the last regular session of a
    Congress, the chairman of a committee may file an activities report
    under subparagraph (1) with the Clerk at any time and without approval
    of the committee, provided that--
          (A) a copy of the report has been available to each member of the
    committee for at least seven calendar days; and
          (B) the report includes any supplemental, minority, or additional
    views submitted by a member of the committee.

      The provisions of paragraph (d)(1) were first made requirements of the
    rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144,
    incorporating the provisions of sec. 118(b) of the Legislative
    Reorganization Act of 1970 (84 Stat. 1140)), and effective on January 3,
    1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470) exemptions from
    the reporting requirements for the Committees on Appropriations, the
    Budget, House Administration, Rules, and Standards of Official Conduct
    were removed, so the paragraph from that point applied to all
    committees. The 104th Congress added paragraphs (d)(2) and (d)(3) to
    require that activity reports include separate sections on legislative
    and oversight activities, including a summary comparison of oversight
    plans and eventual recommendations and actions (sec. 203(b), H. Res. 6,
    Jan. 4, 1995, p. 467). Paragraph (d)(4) was added in the 105th Congress
    (H. Res. 5, Jan. 7, 1997, p. 121). Clerical and stylistic changes were
    effected when the House recodified its rules in the 106th Congress (H.
    Res. 5, Jan. 6, 1999, p. ----).
      Under the Unfunded Mandates Reform Act of 1995, the Committee on Rules
    is required to include in its activity report a separate item
    identifying all waivers of points of order relating to Federal mandates,
    listed by bill or joint resolution number and subject matter (sec.
    107(b), P.L. 104-4; 109 Stat. 63).

    [[Page [533]]]

    Adoption of written rules
      2. <> (a)(1) Each standing committee
    shall adopt written rules governing its procedure. Such rules--
          (A) shall be adopted in a meeting that is open to the public
    unless the committee, in open session and with a quorum present,
    determines by record vote that all or part of the meeting on that day
    shall be closed to the public;
          (B) may not be inconsistent with the Rules of the House or with
    those provisions of law having the force and effect of Rules of the
    House; and
          (C) shall in any event incorporate all of the succeeding
    provisions of this clause to the extent applicable.
      (2) Each committee shall submit its rules for publication in the
    Congressional Record not later than 30 days after the committee is
    elected in each odd-numbered year.

      The requirement that standing committees adopt written rules was first
    incorporated into the rules in the 92d Congress (H. Res. 5, Jan. 22,
    1971, p. 144), having been included in the Legislative Reorganization
    Act of 1970 (84 Stat. 1140). Under the Committee Reform Amendments of
    1974, clause 2(a) became effective in essentially its present form on
    January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the
    94th Congress it was amended to permit a record vote to close the
    committee meeting at which committee rules are adopted only on the day
    of the meeting (H. Res. 5, Jan. 14, 1975, p. 20). In the 102d Congress
    it was amended to allow a committee 30 days after the election of its
    members, rather than after the convening of the Congress, to publish its
    rules in the Congressional Record (H. Res. 5, Jan. 3, 1991, p. 39). The
    provision requiring publication of committee rules in the Congressional
    Record derived from statute (2 U.S.C. 190a-2 (repealed 1979)). A court
    interpreted that statute to be mandatory in a case where a Senate
    committee failed to publish in the Record a rule regarding a quorum for
    the purpose of taking sworn testi

    [[Page [534]]]

    mony. In overturning a perjury conviction, the court held that the
    unpublished committee rule was not valid. United States v. Reinecke, 524
    F.2d 435 (D.C. Cir. 1975). Clerical and stylistic changes were effected
    when the House recodified its rules in the 106th Congress (H. Res. 5,
    Jan. 6, 1999, p. ----).
      Committees have historically adopted rules under which they function
    (I, 707; III, 1841, 1842; VIII, 2214). Committee rules are compiled by
    the Committee on Rules each Congress as a committee print. It is the
    responsibility of the committees, and not the House, to construe and
    enforce additional committee rules on the calling of committee meetings
    (Speaker Albert, July 22, 1974, pp. 24436-47). This provision requires a
    select committee to publish its adopted rules in the Record (June 25,
    1998, p. ----).
      Failure <> to follow
    certain procedural requirements imposed on committees by this rule may
    invalidate committee actions. Violation of the requirements as to open
    meetings and hearings and other hearing irregularities improperly
    overruled (see clause 2(g)(5) of rule XI) or the prescribed committee
    procedures for reporting bills and resolutions (clause 2(h) of rule XI)
    may in some instances be the basis for a point of order in the House,
    resulting in the recommitment of the bill. However, a point of order
    does not ordinarily lie in the House against consideration of a bill by
    reason of defective committee procedures occurring prior to the time the
    bill is ordered reported to the House (Procedure, ch. 17, Sec. 11.1).
      Many of the procedures applicable to committees derive from
    Jefferson's Manual, which govern the House and its committees in all
    cases to which they are applicable (clause 1 of rule XXVIII). A
    committee may act only when together, and not by separate consultation
    and consent, nothing being the report (or recommendation) of the
    committee except what has been agreed to in committee actually assembled
    (see Jefferson's Manual at Sec. 407, supra). A measure before a
    committee for consideration must be read for amendment by section as in
    the House (see Jefferson's Manual at Sec. Sec. 412-414, supra), and
    reading of the measure and of amendments thereto must be in full. The
    procedures applicable in the House as in the Committee of the Whole (see
    Sec. Sec. 424 and 427, supra) generally apply to proceedings in
    committees of the House of Representatives, except that since a measure
    considered in committee must be read for amendment, a motion to limit
    debate under the five-minute rule in committee must be confined to the
    portion of the bill then pending. The previous question may only be
    moved on the measure in committee if the entire measure has been read,
    or considered as read, for amendment.
      Committees generally conduct their business under the five-minute rule
    but may employ the ordinary motions which are in order in the House,
    such as under clause 4 of rule XVI, and may also employ the motion to
    limit debate under the five-minute rule on a proposition which has been
    read.

    [[Page [535]]]

    Regular meeting days
      (b) <> Each standing committee shall
    establish regular meeting days for the conduct of its business, which
    shall be not less frequent than monthly. Each such committee shall meet
    for the consideration of a bill or resolution pending before the
    committee or the transaction of other committee business on all regular
    meeting days fixed by the committee unless otherwise provided by written
    rule adopted by the committee.
    Additional and special meetings
      (c)(1) The chairman of each standing committee may call and convene,
    as he considers necessary, additional and special meetings of the
    committee for the consideration of a bill or resolution pending before
    the committee or for the conduct of other committee business, subject to
    such rules as the committee may adopt. The committee shall meet for such
    purpose under that call of the chairman.
      (2) Three or more members of a standing committee may file in the
    offices of the committee a written request that the chairman call a
    special meeting of the committee. Such request shall specify the measure
    or matter to be considered. Immediately upon the filing of the request,
    the clerk of the committee shall notify the chairman of the filing of
    the request. If the chairman does not call the requested special meeting
    within three calendar days after the filing of the request (to be held
    within seven calendar days

    [[Page [536]]]

    after the filing of the request) a majority of the members of the
    committee may file in the offices of the committee their written notice
    that a special meeting of the committee will be held. The written notice
    shall specify the date and hour of the special meeting and the measure
    or matter to be considered. The committee shall meet on that date and
    hour. Immediately upon the filing of the notice, the clerk of the
    committee shall notify all members of the committee that such special
    meeting will be held and inform them of its date and hour and the
    measure or matter to be considered. Only the measure or matter specified
    in that notice may be considered at that special meeting.
    Temporary absence of chairman
      (d) A member of the majority party on each standing committee or
    subcommittee thereof shall be designated by the chairman of the full
    committee as the vice chairman of the committee or subcommittee, as the
    case may be, and shall preside during the absence of the chairman from
    any meeting. If the chairman and vice chairman of a committee or
    subcommittee are not present at any meeting of the committee or
    subcommittee, the ranking majority member who is present shall preside
    at that meeting.

      Paragraphs (b), (c), and (d) were first adopted on December 8, 1931
    (VIII, 2208), were amended on January 3, 1953 (p. 24), and were revised
    both by the Legislative Reorganization Act of 1970 (84 Stat. 1140) and
    in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). In the 102d
    Congress paragraph (d) was amended to provide that the ranking majority
    Member of each committee and subcommittee be designated as its vice
    chairman (H. Res. 5, Jan. 3, 1991, p. 39). In the 104th Congress
    paragraph (d) was amended to permit the chairman of a full committee to
    designate vice chair

    [[Page [537]]]

    men of the committee and its subcommittees (sec. 223(c), H. Res. 6, Jan.
    4, 1995, p. 477). Clerical and stylistic changes were effected when the
    House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6,
    1999, p. ----).
      A committee scheduled to meet on stated days, when convened on such
    day with a quorum present may proceed to the transaction of business
    regardless of the absence of the chairman (VIII, 2213, 2214). A
    committee meeting being adjourned for lack of a quorum, a majority of
    the members of the committee may not, without the consent of the
    chairman, call a meeting of the committee on the same day (VIII, 2213).
    Committee records
      (e)(1)(A) <> Each committee shall keep
    a complete record of all committee action which shall include--
          (i) in the case of a meeting or hearing transcript, a
    substantially verbatim account of remarks actually made during the
    proceedings, subject only to technical, grammatical, and typographical
    corrections authorized by the person making the remarks involved; and
          (ii) a record of the votes on any question on which a record vote
    is demanded.
      (B)(i) <> Except as provided in
    subdivision (B)(ii) and subject to paragraph (k)(7), the result of each
    such record vote shall be made available by the committee for inspection
    by the public at reasonable times in its offices. Information so
    available for public inspection shall include a description of the
    amendment, motion, order, or other proposition, the name of each member
    voting for and each member voting against such amendment, motion, order,
    or proposition, and the names of those members of the committee present
    but not voting.

    [[Page [538]]]

      (ii) The result of any record vote taken in executive session in the
    Committee on Standards of Official Conduct may not be made available for
    inspection by the public without an affirmative vote of a majority of
    the members of the committee.
      (2)(A) <> Except as provided in
    subdivision (B), all committee hearings, records, data, charts, and
    files shall be kept separate and distinct from the congressional office
    records of the member serving as its chairman. Such records shall be the
    property of the House, and each Member, Delegate, and the Resident
    Commissioner shall have access thereto.
      (B) A Member, Delegate, or Resident Commissioner, other than members
    of the Committee on Standards of Official Conduct, may not have access
    to the records of that committee respecting the conduct of a Member,
    Delegate, Resident Commissioner, officer, or employee of the House
    without the specific prior permission of that committee.
      (3) Each committee shall include in its rules standards for
    availability of records of the committee delivered to the Archivist of
    the United States under rule VII. Such standards shall specify
    procedures for orders of the committee under clause 3(b)(3) and clause
    4(b) of rule VII, including a requirement that nonavailability of a
    record for a period longer than the period otherwise applicable under
    that rule shall be approved by vote of the committee.

    [[Page [539]]]

      (4) Each committee shall make its publications available in electronic
    form to the maximum extent feasible.

      The first sentence of paragraph (e)(1) was rewritten entirely in the
    104th Congress (sec. 206, H. Res. 6, Jan. 4, 1995, p. 475). Its
    predecessor, requiring a complete record of all committee actions,
    including votes on any question on which a roll call was demanded, was
    enacted as section 133(b) of the Legislative Reorganization Act of 1946
    (60 Stat. 812) and made part of the standing rules on January 3, 1953
    (p. 24). The requirement that committee roll calls be subject to public
    inspection was added by section 104(b) of the Legislative Reorganization
    Act of 1970 (84 Stat. 1140) and made a part of the rules in the 92d
    Congress (H. Res. 5, Jan. 22, 1971, p. 144). The qualified exception for
    the Committee on Standards of Official Conduct from the requirement of
    public availability of record votes was added in the 105th Congress
    (sec. 8, H. Res. 168, Sept. 18, 1997, p. ----). Effective on January 3,
    1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), the requirement
    that proxy votes in committee be made available for public inspection
    was eliminated from this paragraph since proxies were prohibited as of
    that date, but in the 94th Congress clause 2(f) of rule XI was amended
    to permit proxies in committee, and this paragraph was likewise amended
    to reinsert the requirement of availability for public inspection (H.
    Res. 5, Jan. 14, 1975, p. 20). When proxy voting was again eliminated in
    the 104th Congress, the reference thereto in the third sentence of
    paragraph (e)(1) was deleted (sec. 104(b), H. Res. 6, Jan. 4, 1995, p.
    463). Paragraph (e)(2) derives from section 202(d) of the Legislative
    Reorganization Act of 1946 (60 Stat. 812), was made a part of the rules
    in the 83d Congress (H. Res. 5, Jan. 3, 1953, p. 24), and was amended in
    the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70) to restrict the
    access of Members to certain records of the Committee on Standards of
    Official Conduct. Paragraph (e)(3) was added in the 101st Congress (H.
    Res. 5, Jan. 3, 1989, p. 72). Paragraph (e)(4) was added in the 105th
    Congress (H. Res. 5, Jan. 7, 1997, p. 121). Clerical and stylistic
    changes were effected when the House recodified its rules in the 106th
    Congress (H. Res. 5, Jan. 6, 1999, p. ----).
      A Member's right to access to committee records under this clause does
    not entitle him to make photostatic copies of such records (Speaker
    Rayburn, Aug. 14, 1957, pp. 14737-39), and such records may not be
    brought into the well of the House if the committee has not authorized
    such action (Speaker Rayburn, June 3, 1960, p. 11820). Furthermore, such
    access allows a Member to examine executive session materials only in
    committee rooms and does not permit a Member to copy or to take personal
    notes from such materials, to keep such notes or copies in his personal
    office files, or to release such materials to the public without the
    consent of the committee or subcommittee under clause 2(k)(7) of rule XI
    (Speaker O'Neill, Dec. 6, 1977, pp. 38470-73). This clause allowing all
    Members

    [[Page [540]]]

    access to committee records and materials which are the property of the
    House does not necessarily apply to records within the possession of the
    executive branch which the members of the committee have been allowed to
    examine under limited conditions at the discretion of the executive
    agency in possession of such materials (Speaker O'Neill, July 31, 1980,
    p. 20765). Also, this clause does not apply to records (an executive
    communication not yet referred to committee) in the possession of the
    House (Sept. 9, 1998, p. ----). In the 105th Congress the House adopted
    a resolution restricting Members' access to documents received from an
    independent counsel (said to relate to possible grounds for impeachment
    of the President) and referred to the Committee on the Judiciary (H.
    Res. 525, Sept. 11, 1998, p. ----). Compare this clause with clause
    11(g)(3) of rule X, which only permits access of nonmembers of the
    Select Committee on Intelligence to classified information in the
    possession of that committee when authorized by that committee.
      Although all Members have access to committee records under this
    clause, testimony or evidence taken in executive sessions of a committee
    is under the control and subject to the regulation of the committee and,
    under clause 2(k)(7) of rule XI (Sec. 803, infra), cannot be released
    without the consent of the committee (June 26, 1961, p. 11233; see also
    Deschler, ch. 17, Sec. 18). A resolution directing a standing committee
    to release executive-session material referred to it as such by special
    rule of the House was held to propose a change in the rules and,
    therefore, not to constitute a question of the privileges of the House
    under rule IX (Sept. 23, 1998, p. ----).
      In implementing clause 2(e), committees may prescribe regulations to
    govern the manner of access to their records, such as requiring
    examination only in committee rooms. See, for example, the rules of the
    Committees on the Budget, International Relations, and Armed Services,
    as compiled by the Committee on Rules.

    Prohibition against proxy voting
      (f) <> A vote by a member of a committee
    or subcommittee with respect to any measure or matter may not be cast by
    proxy.

      The 104th Congress adopted paragraph (f) in this form (sec. 104, H.
    Res. 6, Jan. 4, 1995, p. 463). An earlier form of the provision was
    enacted as section 106(b) of the Legislative Reorganization Act of 1970
    (84 Stat. 1140) and made part of the standing rules in the 92d Congress
    (H. Res. 5, Jan. 22, 1971, p. 144). Clerical and stylistic changes were
    effected when the House recodified its rules in the 106th Congress (H.
    Res. 5, Jan. 6, 1999, p. ----).

    [[Page [541]]]

      The original form of this paragraph permitted committees to adopt
    written rules permitting proxies in writing, designating the persons to
    execute them and specifying the measures or matters to which they
    applied. Effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8,
    1974, p. 34470), proxies in committee were prohibited, but in the 94th
    Congress (H. Res. 5, Jan. 14, 1975, p. 20), the rule was amended to
    permit proxies in committees with additional restrictions requiring an
    assertion that the grantor was absent on official business or otherwise
    unable to attend, requiring the Member to sign and date the proxy, and
    permitting general proxies for procedural matters.

    Open meetings and hearings
      (g)(1) <> Each meeting for
    the transaction of business, including the markup of legislation, by a
    standing committee or subcommittee thereof (other than the Committee on
    Standards of Official Conduct or its subcommittees) shall be open to the
    public, including to radio, television, and still photography coverage,
    except when the committee or subcommittee, in open session and with a
    majority present, determines by record vote that all or part of the
    remainder of the meeting on that day shall be in executive session
    because disclosure of matters to be considered would endanger national
    security, would compromise sensitive law enforcement information, would
    tend to defame, degrade, or incriminate any person, or otherwise would
    violate a law or rule of the House. Persons, other than members of the
    committee and such noncommittee Members, Delegates, Resident
    Commissioner, congressional staff, or departmental representatives as
    the committee may authorize, may not be present at a business or markup
    session that is held in executive session. This subparagraph does not
    apply to open

    [[Page [542]]]

    committee hearings, which are governed by clause 4(a)(1) of rule X or by
    subparagraph (2).
      (2)(A) Each hearing conducted by a committee or subcommittee (other
    than the Committee on Standards of Official Conduct or its
    subcommittees) shall be open to the public, including to radio,
    television, and still photography coverage, except when the committee or
    subcommittee, in open session and with a majority present, determines by
    record vote that all or part of the remainder of that hearing on that
    day shall be closed to the public because disclosure of testimony,
    evidence, or other matters to be considered would endanger national
    security, would compromise sensitive law enforcement information, or
    would violate a law or rule of the House.
      (B) Notwithstanding the requirements of subdivision (A), in the
    presence of the number of members required under the rules of the
    committee for the purpose of taking testimony, a majority of those
    present may--
          (i) agree to close the hearing for the sole purpose of discussing
    whether testimony or evidence to be received would endanger national
    security, would compromise sensitive law enforcement information, or
    would violate clause 2(k)(5); or
          (ii) agree to close the hearing as provided in clause 2(k)(5).
      (C) A Member, Delegate, or Resident Commissioner may not be excluded
    from non-
    participatory attendance at a hearing of a committee or subcommittee
    (other than the Com

    [[Page [543]]]

    mittee on Standards of Official Conduct or its subcommittees) unless the
    House by majority vote authorizes a particular committee or
    subcommittee, for purposes of a particular series of hearings on a
    particular article of legislation or on a particular subject of
    investigation, to close its hearings to Members, Delegates, and the
    Resident Commissioner by the same procedures specified in this
    subparagraph for closing hearings to the public.
      (D) The committee or subcommittee may vote by the same procedure
    described in this subparagraph to close one subsequent day of hearing,
    except that the Committee on Appropriations, the Committee on Armed
    Services, and the Permanent Select Committee on Intelligence, and the
    subcommittees thereof, may vote by the same procedure to close up to
    five additional, consecutive days of hearings.
      (3) The chairman of each committee (other than the Committee on Rules)
    shall make public announcement of the date, place, and subject matter of
    a committee hearing at least one week before the commencement of the
    hearing. If the chairman of the committee, with the concurrence of the
    ranking minority member, determines that there is good cause to begin a
    hearing sooner, or if the committee so determines by majority vote in
    the presence of the number of members required under the rules of the
    committee for the transaction of business, the chairman shall make the
    announcement at the earliest possible date. An announcement made under
    this sub

    [[Page [544]]]

    paragraph shall be published promptly in the Daily Digest and made
    available in electronic form.
      (4) Each committee shall, to the greatest extent practicable, require
    witnesses who appear before it to submit in advance written statements
    of proposed testimony and to limit their initial presentations to the
    committee to brief summaries thereof. In the case of a witness appearing
    in a nongovernmental capacity, a written statement of proposed testimony
    shall include a curriculum vitae and a disclosure of the amount and
    source (by agency and program) of each Federal grant (or subgrant
    thereof) or contract (or subcontract thereof) received during the
    current fiscal year or either of the two previous fiscal years by the
    witness or by an entity represented by the witness.
      (5)(A) Except as provided in subdivision (B), a point of order does
    not lie with respect to a measure reported by a committee on the ground
    that hearings on such measure were not conducted in accordance with this
    clause.
      (B) A point of order on the ground described in subdivision (A) may be
    made by a member of the committee that reported the measure if such
    point of order was timely made and improperly disposed of in the
    committee.
      (6) This paragraph does not apply to hearings of the Committee on
    Appropriations under clause 4(a)(1) of rule X.

      Subparagraphs (1) and (2) relating to open committee meetings and
    hearings, were first made part of the rules on March 7, 1973 (H. Res.
    259,

    [[Page [545]]]

    93d Cong., pp. 6713-20). They were amended in the 94th Congress (H. Res.
    5, Jan. 14, 1975, p. 20), to limit to one day (in case of a committee
    meeting) or to one day plus one subsequent day (in the case of a
    hearing) the period during which a committee may close its session. They
    were again amended in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp.
    53-70), to require that a majority (rather than a quorum) be present
    when a committee or subcommittee votes to close a meeting or hearing and
    to provide that a noncommittee Member cannot be excluded from a hearing
    except by a vote of the House. However, subparagraph (2) was amended in
    the 96th Congress (H. Res. 5, Jan. 15, 1979, p. 8) to permit a majority
    of those present under the rules of the committee for the purpose of
    taking testimony (not less than two members as provided in clause
    2(h)(2) of rule XI) to vote to close a hearing either to discuss whether
    the testimony would endanger national security or would violate clause
    2(k)(5) of this rule, or to proceed to close the hearing as provided by
    clause 2(k)(5). In the 98th Congress subparagraph (2) was amended
    further to permit the Committees on Appropriations, Armed Services, and
    Intelligence, and their subcommittees, when voting in open session with
    a quorum present, to close a hearing on that particular day and for up
    to five additional days, for a total of not to exceed six days (H. Res.
    5, Jan. 3, 1983, p. 34). In the 104th Congress the paragraph was amended
    to require that meetings and hearings open to the public also be open to
    broadcast and photographic media; subparagraph (2) was further amended
    to permit closed meetings only on specified conditions and to delete an
    exception for meetings relating to internal budget or personnel matters
    and to specify a new condition (sensitive law enforcement information)
    for closing hearings (sec. 105, H. Res. 6, Jan. 4, 1995, p. 463). The
    paragraph was also amended to conform references to renamed committees
    (sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 467; H. Res. 5, Jan. 6, 1999,
    p. ----). In the 105th Congress subparagraphs (1) and (2) were again
    amended to reflect an amendment to former clause 4(e)(3) of rule X
    (currently clause 3 of rule XI) requiring meetings of the Committee on
    Standards of Official Conduct to occur in executive session (except for
    adjudicatory subcommittee meetings or full committee sanction hearings)
    unless opened by an affirmative vote of a majority of members (sec. 5,
    H. Res. 168, Sept. 18, 1997, p. ----). Subparagraphs (3)-(6) derive from
    sections 111(b), 113(b), 115(b), and 242(c) respectively of the
    Legislative Reorganization Act of 1970 (84 Stat. 1140) and became part
    of the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144).
    Effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470), these provisions were inadvertently omitted from the rules, and
    were therefore reinserted in the 94th Congress (H. Res. 5, Jan. 14,
    1975, p. 20). Subparagraph (3) was amended in the 97th Congress (H. Res.
    5, Jan. 5, 1981, pp. 98-113) to add the requirement of prompt entering
    of public notice of committee meetings into the committee scheduling
    service of the House Information Resources. Subparagraph (3) was again
    amended in the 104th Congress to permit the calling of a hearing on less
    than seven days' notice upon

    [[Page [546]]]

    a determination of good cause either by vote of the committee or
    subcommittee or by its chairman with the concurrence of its ranking
    minority member (H. Res. 43, Jan. 31, 1995, p. 3028). In the 105th and
    106th Congresses subparagraphs (3) and (2) (respectively) were amended
    to effect a technical correction (H. Res. 5, Jan. 7, 1997, p. 121; H.
    Res. 5, Jan. 6, 1999, p. ----). Subparagraph (4) was rewritten in the
    105th Congress to encourage committees to elicit curricula vitae and
    disclosures of certain interests from nongovernmental witnesses (H. Res.
    5, Jan. 7, 1997, p. 121). Clerical and stylistic changes were effected
    when the House recodified its rules in the 106th Congress (H. Res. 5,
    Jan. 6, 1999, p. ----).
      In the 105th Congress the House adopted a resolution restricting
    access to meetings and hearings held by the Committee on the Judiciary
    on a communication received from an independent counsel relating to
    possible grounds for impeachment of the President (H. Res. 525, Sept.
    11, 1998, p. ----).

    Quorum requirements
      (h)(1) <> A measure or
    recommendation may not be reported by a committee unless a majority of
    the committee is actually present.

      This subparagraph (former clause 2(l)(2)(A) is from section 133(d) of
    the Legislative Reorganization Act of 1946 (60 Stat. 812) and was made a
    part of the rules on January 3, 1953 (p. 24). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 2(l)(2)(A) of rule XI (H. Res. 5, Jan. 6, 1999, p. ----).
    The point of order that a bill was reported from a committee without a
    formal meeting and a quorum present comes too late if debate has started
    on a bill in the House (VIII, 2223; Feb. 24, 1947, p. 1374). No
    committee report is valid unless authorized with a quorum of the
    committee actually present at the time the vote is taken (IV, 4584;
    VIII, 2211, 2212, 2221, 2222), and while Speakers have indicated that
    committee members may come and go during the course of the vote if the
    roll call indicates that a quorum was present (VIII, 2222), where it is
    admitted that a quorum was not in the room at any time during the vote
    and the committee transcript does not show a quorum acting as a quorum,
    the Chair will sustain the point of order (VIII, 2212). In the 103d
    Congress, this provision was amended to provide that responses to roll
    calls in committee be deemed contemporaneous and to require that a point
    of no quorum with respect to a committee report be timely asserted in
    committee or considered waived (H. Res. 5, Jan. 5, 1993, p. 49), but in
    the 104th Congress both of those features were deleted from the rule
    (sec. 207, H. Res. 6, Jan. 4, 1995, p. 467).
      Where the committee transcript was not conclusive and the manager of
    the bill gave absolute assurance that a majority of the full committee

    [[Page [547]]]

    was actually present when the bill was ordered reported the Speaker
    overruled a point of order made under this provision (Oct. 22, 1987, p.
    28807). A point of no quorum pending a committee vote on ordering a
    measure reported may provoke a quorum call requiring a majority of the
    committee to be present in the committee room. A committee may act only
    when together, nothing being the report of the committee except what has
    been agreed to in committee actually assembled (see Jefferson's Manual
    at Sec. 407, supra).

      (2) <> Each committee may fix the
    number of its members to constitute a quorum for taking testimony and
    receiving evidence, which may not be less than two.
      (3) Each committee (other than the Committee on Appropriations, the
    Committee on the Budget, and the Committee on Ways and Means) may fix
    the number of its members to constitute a quorum for taking any action
    other than one for which the presence of a majority of the committee is
    otherwise required, which may not be less than one-third of the members.

      Subparagraphs (2) and (3) (former subparagraphs (1) and (2)) were
    adopted in the 84th Congress and only related to the authority of a
    committee to fix a quorum of not less than two for taking testimony (H.
    Res. 151, Mar. 23, 1955, pp. 3569, 3585). In the 95th Congress (H. Res.
    5, Jan. 4, 1977, pp. 53-70) subparagraph (3) (former subparagraph (2))
    was added to authorize committees to fix a quorum less than a majority
    for certain other action. Before the House recodified its rules in the
    106th Congress, paragraph (h) consisted only of subparagraphs (2) and
    (3) (H. Res. 5, Jan. 6, 1999, p. ----). Subparagraph (3) was amended in
    the 107th Congress to preserve all requirements for a majority quorum
    found in House rules (sec. 2(i), H. Res. 5, Jan. 3, 2001, p. ----).
    Under clause 2(g) of this rule, a majority of a committee or
    subcommittee must be present when a committee or subcommittee votes to
    close a meeting or hearing. Under clause 2(m) of this rule a majority of
    a committee or subcommittee must be present to authorize and issue a
    subpoena. Under subparagraph (1) a majority of a committee or
    subcommittee must be present to order a measure or recommendation
    reported.
      By unanimous consent the Committee on Standards of Official Conduct
    was authorized to receive evidence and take testimony before a quorum of
    one of its members for the remainder of the second session of the 100th
    Congress (Oct. 13, 1988, p. 30467). Authority for a committee to conduct

    [[Page [548]]]

    depositions or interrogatories before one member or staff of the
    committee must be specifically conferred by the House (see, e.g., H.
    Res. 167, 105th Cong., June 20, 1997, p. ----).

      (4)(A) <> Each
    committee may adopt a rule authorizing the chairman of a committee or
    subcommittee--
          (i) to postpone further proceedings when a record vote is ordered
    on the question of approving a measure or matter or on adopting an
    amendment; and
          (ii) to resume proceedings on a postponed question at any time
    after reasonable notice.
      (B) A rule adopted pursuant to this subparagraph shall provide that
    when proceedings resume on a postponed question, notwithstanding any
    intervening order for the previous question, an underlying proposition
    shall remain subject to further debate or amendment to the same extent
    as when the question was postponed.

      This subpararaph was added in the 108th Congress (sec. 2(g), H. Res.
    5, Jan. 7, 2003, p. ----).
    Limitation on committee sittings
      (i) <> A committee may not sit
    during a joint session of the House and Senate or during a recess when a
    joint meeting of the House and Senate is in progress.

      A clause regulating when committees could sit had its origin in 1794.
    It was omitted from rule XI in the adoption of rules for the 80th
    Congress but remained effective as part of the Legislative
    Reorganization Act of 1946, the applicable provisions of which were
    continued as a part of the Rules of the House. While the rule formerly
    prohibited committees from sitting at any time when the House was in
    session, it was narrowed to proscribe sittings during the five-minute
    rule by the Legislative Reorganization Act of 1970 (sec. 117(b); 84
    Stat. 1140) and this revision was made part of the standing rules in the
    92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). Effective January 3,
    1975 (H. Res. 988, 93d Cong., Oct. 8, 1974,

    [[Page [549]]]

    p. 34470), the committees exempted from this clause were Appropriations,
    Budget, and Rules; and in the 95th Congress (H. Res. 5, Jan. 4, 1977,
    pp. 53-70), the Committee on Standards of Official Conduct was also
    exempted. The Committee on Ways and Means was traditionally permitted to
    sit during proceedings under the five-minute rule by unanimous consent
    granted each Congress (Jan. 29, 1975, p. 1677) until it was exempted
    from the rule in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-
    113). A provision that special leave to sit be granted if ten Members
    did not object was added to the clause in the 95th Congress (H. Res. 5,
    Jan. 4, 1977, pp. 53-70). An exemption for the Committee on House
    Administration and the prohibition against committee meetings during
    joint meetings or joint sessions were added in the 101st Congress (H.
    Res. 5, Jan. 3, 1989, p. 72). In the 103d Congress the prohibition
    against sitting during proceedings under the five-minute rule was
    stricken altogether (H. Res. 5, Jan. 5, 1993, p. 49), but in the 104th
    Congress the former rule was reinstated with exemptions for the
    Committees on Appropriations, the Budget, Rules, Standards of Official
    Conduct, and Ways and Means, and also with the provision for a
    privileged motion by the Majority Leader (sec. 208, H. Res. 6, Jan. 4,
    1995, p. 467), on which he controlled one hour of debate (Jan. 23, 1995,
    p. 2209). In the 105th Congress so much of paragraph (i) as related to
    proceedings under the five-minute rule was again stricken (H. Res. 5,
    Jan. 7, 1997, p. 121). Clerical and stylistic changes were effected when
    the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6,
    1999, p. ----).

    Calling and questioning of witnesses
      (j)(1) <> Whenever a hearing is conducted by a
    committee on a measure or matter, the minority members of the committee
    shall be entitled, upon request to the chairman by a majority of them
    before the completion of the hearing, to call witnesses selected by the
    minority to testify with respect to that measure or matter during at
    least one day of hearing thereon.
      (2)(A) Subject to subdivisions (B) and (C), each committee shall apply
    the five-minute rule during the questioning of witnesses in a hearing
    until such time as each member of the com

    [[Page [550]]]

    mittee who so desires has had an opportunity to question each witness.
      (B) A committee may adopt a rule or motion permitting a specified
    number of its members to question a witness for longer than five
    minutes. The time for extended questioning of a witness under this
    subdivision shall be equal for the majority party and the minority party
    and may not exceed one hour in the aggregate.
      (C) A committee may adopt a rule or motion permitting committee staff
    for its majority and minority party members to question a witness for
    equal specified periods. The time for extended questioning of a witness
    under this subdivision shall be equal for the majority party and the
    minority party and may not exceed one hour in the aggregate.

      Paragraph (j)(1) was contained in section 114(b) of the Legislative
    Reorganization Act of 1970 (84 Stat. 1140) and was made a part of the
    rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). Paragraph
    (j)(2) was added to the rules on that latter date. While a majority of
    the minority members of a committee are entitled to call witnesses
    selected by the minority for at least one day of hearings, no rule of
    the House requires the calling of witnesses on opposing sides of an
    issue (Oct. 14, 1987, p. 27921). In the 105th Congress paragraph (j)(2)
    was redesignated as (2)(A) and two new subparagraphs were added as
    (2)(B) and (2)(C) to enable committees to permit extended examinations
    of witnesses (for 30 additional minutes) by designated members or by
    staff (H. Res. 5, Jan. 7, 1997, p. 121). A technical correction was
    effected in the 106th Congress to clarify the procedure to extend
    questioning, and clerical and stylistic changes were effected when the
    House recodified its rules in the same Congress (H. Res. 5, Jan. 6,
    1999, p. ----).

    Hearing procedures
      (k)(1) <> The chairman at a hearing
    shall announce in an opening statement the subject of the hearing.

    [[Page [551]]]

      (2) A copy of the committee rules and of this clause shall be made
    available to each witness on request.
      (3) Witnesses at hearings may be accompanied by their own counsel for
    the purpose of advising them concerning their constitutional rights.
      (4) The chairman may punish breaches of order and decorum, and of
    professional ethics on the part of counsel, by censure and exclusion
    from the hearings; and the committee may cite the offender to the House
    for contempt.
      (5) Whenever it is asserted by a member of the committee that the
    evidence or testimony at a hearing may tend to defame, degrade, or
    incriminate any person, or it is asserted by a witness that the evidence
    or testimony that the witness would give at a hearing may tend to
    defame, degrade, or incriminate the witness--
          (A) notwithstanding paragraph (g)(2), such testimony or evidence
    shall be presented in executive session if, in the presence of the
    number of members required under the rules of the committee for the
    purpose of taking testimony, the committee determines by vote of a
    majority of those present that such evidence or testimony may tend to
    defame, degrade, or incriminate any person; and
          (B) the committee shall proceed to receive such testimony in open
    session only if the committee, a majority being present, determines that
    such evidence or testimony will not tend to defame, degrade, or
    incriminate any person.

    [[Page [552]]]

    In either case the committee shall afford such person an opportunity
    voluntarily to appear as a witness, and receive and dispose of requests
    from such person to subpoena additional witnesses.
      (6) Except as provided in subparagraph (5), the chairman shall receive
    and the committee shall dispose of requests to subpoena additional
    witnesses.
      (7) Evidence or testimony taken in executive session, and proceedings
    conducted in executive session, may be released or used in public
    sessions only when authorized by the committee, a majority being
    present.
      (8) In the discretion of the committee, witnesses may submit brief and
    pertinent sworn statements in writing for inclusion in the record. The
    committee is the sole judge of the pertinence of testimony and evidence
    adduced at its hearing.
      (9) A witness may obtain a transcript copy of his testimony given at a
    public session or, if given at an executive session, when authorized by
    the committee.

      The provisions of paragraph (k) were first incorporated into the rules
    in the 84th Congress (H. Res. 151, Mar. 23, 1955, pp. 3569, 3585). The
    requirement of paragraph (k)(2) that a copy of committee rules be
    furnished to each witness was added in the 92d Congress (H. Res. 5, Jan.
    22, 1971, p. 144) and was amended in the 107th Congress to require the
    committee to furnish such rules only when the witness so requests (sec.
    2(j), H. Res. 5, Jan. 3, 2001, p. ----). The former requirement of
    paragraph (k)(9) that a witness must pay the cost of a transcript copy
    of his testimony was eliminated under the Committee Reform Amendments of
    1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974,
    p. 34470). Paragraph (k)(5) was amended in the 96th Congress (H. Res. 5,
    Jan. 15, 1979, pp. 7-16) to permit a committee or subcommittee to hear
    testimony asserted

    [[Page [553]]]

    to be defamatory in executive session upon a determination by a majority
    of those present that such testimony is indeed defamatory, degrading, or
    incriminating. It was amended in the 107th Congress to permit such an
    assertion to be made by the witness (with respect to himself) or a
    member of the Committee (with respect to any person) (sec. 2(j), H. Res.
    5, Jan. 3, 2001, p. ----). In the 105th Congress subparagraph (5) was
    amended to clarify a majority of those voting (a full quorum being
    present) may decide to proceed in open session (H. Res. 5, Jan. 7, 1997,
    p. 121). Clerical and stylistic changes were effected when the House
    recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p.
    ----). ``Investigative'' was removed from the heading and subparagraphs
    (1), (3), and (5) of paragraph (k) in the 107th Congress to conform the
    rule to House practice, which is to apply this paragraph to all
    committee investigative, oversight, or legislative hearings (sec. 2(j),
    H. Res. 5, Jan. 3, 2001, p. ----).
      The requirements of clause 2(g)(1) and (2), and of 2(m)(2)(A), of this
    rule that a majority of the committee or subcommittee shall constitute a
    quorum for the purposes of closing meetings or hearings or issuing
    subpoenas have been construed to require, under clause 2(k)(7) of this
    rule, that a majority shall likewise constitute a quorum to release or
    make public any evidence or testimony received in any closed meeting or
    hearing and any other executive session record of the committee or
    subcommittee. See also clauses 11(c) and 11(g) of rule X, which provide
    that executive session material transmitted by the Permanent Select
    Committee on Intelligence to another committee of the House becomes the
    executive session material of the recipient committee by virtue of the
    nature of the material and the injunction of clause 11(g) of rule X
    which prohibit disclosure of information provided to committees or
    Members of the House except in a secret session. A resolution directing
    a standing committee to release executive-session material referred to
    it as such by special rule of the House was held to propose a change in
    the rules and, therefore, not to constitute a question of the privileges
    of the House under rule IX (Sept. 23, 1998, p. ----).

    Supplemental, minority, or additional views
      (l) <> If at the time of approval of a
    measure or matter by a committee (other than the Committee on Rules) a
    member of the committee gives notice of intention to file supplemental,
    minority, or additional views for inclusion in the report to the House
    thereon, that member shall be entitled to not less than two additional
    calendar days after the day of

    [[Page [554]]]

    such notice (excluding Saturdays, Sundays, and legal holidays except
    when the House is in session on such a day) to file such views, in
    writing and signed by that member, with the clerk of the committee.

      This provision was originally included in section 107 of the
    Legislative Reorganization Act of 1970 (84 Stat. 1140) and was
    incorporated into the rules in the 92d Congress (H. Res. 5, Jan. 22,
    1971, p. 144). In the 104th Congress it was amended to count as a
    ``calendar day'' any day on which the House is in session (H. Res. 254,
    Nov. 30, 1995, p. 35077). In the 105th Congress it was further amended
    to reduce the guaranteed time for composing separate views from three
    full days to two full days after the day of notice (H. Res. 5, Jan. 7,
    1997, p. 121). Before the House recodified its rules in the 106th
    Congress, paragraph (l) consisted of this paragraph and current clause
    2(c) of rule XIII (H. Res. 5, Jan. 6, 1999, p. ----).

    Power to sit and act; subpoena power
      (m)(1) <> For
    the purpose of carrying out any of its functions and duties under this
    rule and rule X (including any matters referred to it under clause 2 of
    rule XII), a committee or subcommittee is authorized (subject to
    subparagraph (3)(A))--
          (A) to sit and act at such times and places within the United
    States, whether the House is in session, has recessed, or has adjourned,
    and to hold such hearings as it considers necessary; and
          (B) to require, by subpoena or otherwise, the attendance and
    testimony of such witnesses and the production of such books, records,
    correspondence, memoranda, papers, and documents as it considers
    necessary.
      (2) The chairman of the committee, or a member designated by the
    chairman, may administer oaths to witnesses.

    [[Page [555]]]

      (3)(A)(i) Except as provided in subdivision (A)(ii), a subpoena may be
    authorized and issued by a committee or subcommittee under subparagraph
    (1)(B) in the conduct of an investigation or series of investigations or
    activities only when authorized by the committee or subcommittee, a
    majority being present. The power to authorize and issue subpoenas under
    subparagraph (1)(B) may be delegated to the chairman of the committee
    under such rules and under such limitations as the committee may
    prescribe. Authorized subpoenas shall be signed by the chairman of the
    committee or by a member designated by the committee.
      (ii) In the case of a subcommittee of the Committee on Standards of
    Official Conduct, a subpoena may be authorized and issued only by an
    affirmative vote of a majority of its members.
      (B) A subpoena duces tecum may specify terms of return other than at a
    meeting or hearing of the committee or subcommittee authorizing the
    subpoena.
      (C) Compliance with a subpoena issued by a committee or subcommittee
    under subparagraph (1)(B) may be enforced only as authorized or directed
    by the House.

      Prior to the adoption of clause 2(m) under the Committee Reform
    Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470), only the Committees on Appropriations, the
    Budget, Government Operations, Internal Security, and Standards of
    Official Conduct were permitted by the standing rules to perform the
    functions as specified in subparagraphs (1)(A) and (1)(B), and other
    standing and select committees were given those authorities by separate
    resolutions reported from the Committee on Rules each Congress. In the
    94th Congress the paragraph was amended to require authorized subpoenas
    to be signed by

    [[Page [556]]]

    the chairman of the full committee or any member designated by the
    committee (H. Res. 5, Jan. 14, 1975, p. 20). In the 95th Congress the
    paragraph was amended to permit a subcommittee, as well as a full
    committee, to authorize subpoenas and to allow a full committee to
    delegate such authority to the chairman of the full committee (H. Res.
    5, Jan. 4, 1977, pp. 53-70). The special rule for authorizing and
    issuing a subpoena of a subcommittee of the Committee on Standards of
    Official Conduct was adopted in the 105th Congress (sec. 15, H. Res.
    168, Sept. 18, 1997, p. ----). In the 106th Congress subparagraph (3)(B)
    was added, and clerical and stylistic changes were effected when the
    House recodified its rules in the same Congress (H. Res. 5, Jan. 6,
    1999, p. ----). A clerical correction was effected to paragraph (m)(1)
    in the 107th Congress to correct a cross reference (sec. 2(x), H. Res.
    5, Jan. 3, 2001, p. ----).
      A subpoena issued under this clause need only be signed by the
    chairman of the committee or by any member designated by the committee,
    whereas when the House issues an order or warrant the Speaker must under
    clause 4 of rule I issue the summons under his hand and seal, and it
    must be attested by the Clerk pursuant to clause 2(c) of rule II (former
    clause 3 of rule III) (III, 1668; see H. Rept. 96-1078, p. 22). Pursuant
    to 2 U.S.C. 191, the President of the Senate, the Speaker of the House
    of Representatives, or a chairman of any joint committee established by
    a joint or concurrent resolution of the two Houses of Congress, or of a
    committee of the whole, or of any committee of either House of Congress,
    is empowered to administer oaths to witnesses in any case under their
    examination, and any Member of either House of Congress may administer
    oaths to witnesses in any matter depending in either House of Congress
    of which he is a Member, or any committee thereof.
      While under this clause the Committee on Standards of Official Conduct
    may issue subpoenas in investigating the conduct of a Member, officer,
    or employee of the House (the extent of the committee's jurisdiction
    under rule X and functions under clause 3 of rule XI), where the House
    mandates a possible investigation by that committee of other persons not
    directly associated with the House, the committee's jurisdiction is
    thereby enlarged and a broader subpoena authority must be conferred on
    the committee (Mar. 3, 1976, p. 5165). Subparagraph (3)(B) (former
    subparagraph (2)(B)) has been interpreted to require authorization by
    the full House before a subcommittee chairman could intervene in a law
    suit in order to gain access to documents subpoenaed by the
    subcommittee. In re Beef Industry Antitrust Litigation, 589 F.2d 786
    (5th Cir. 1979). The authority conferred in clause 2(m)(1)(B) to require
    information ``by subpoena or otherwise'' has not been interpreted to
    authorize depositions and interrogatories. That authority must be
    conferred by separate action of the House (see Sec. 800, supra).

    [[Page [557]]]

    Committee on Standards of Official Conduct
      3. (a) The <> Committee on Standards of Official Conduct has the following
    functions:
          (1) The committee may recommend to the House from time to time
    such administrative actions as it may consider appropriate to establish
    or enforce standards of official conduct for Members, Delegates, the
    Resident Commissioner, officers, and employees of the House. A letter of
    reproval or other administrative action of the committee pursuant to an
    investigation under subparagraph (2) shall only be issued or implemented
    as a part of a report required by such subparagraph.
          (2) The committee may investigate, subject to paragraph (b), an
    alleged violation by a Member, Delegate, Resident Commissioner, officer,
    or employee of the House of the Code of Official Conduct or of a law,
    rule, regulation, or other standard of conduct applicable to the conduct
    of such Member, Delegate, Resident Commissioner, officer, or employee in
    the performance of his duties or the discharge of his responsibilities.
    After notice and hearing (unless the right to a hearing is waived by the
    Member, Delegate, Resident Commissioner, officer, or employee), the
    committee shall report to the House its findings of fact and
    recommendations, if any, for the final disposition of any such
    investigation and such action as

    [[Page [558]]]

    the committee may consider appropriate in the circumstances.
          (3) The committee may report to the appropriate Federal or State
    authorities, either with the approval of the House or by an affirmative
    vote of two-thirds of the members of the committee, any substantial
    evidence of a violation by a Member, Delegate, Resident Commissioner,
    officer, or employee of the House, of a law applicable to the
    performance of his duties or the discharge of his responsibilities that
    may have been disclosed in a committee investigation.
          (4) The committee may consider the request of a Member, Delegate,
    Resident Commissioner, officer, or employee of the House for an advisory
    opinion with respect to the general propriety of any current or proposed
    conduct of such Member, Delegate, Resident Commissioner, officer, or
    employee. With appropriate deletions to ensure the privacy of the person
    concerned, the committee may publish such opinion for the guidance of
    other Members, Delegates, the Resident Commissioner, officers, and
    employees of the House.
          (5) The committee may consider the request of a Member, Delegate,
    Resident Commissioner, officer, or employee of the House for a written
    waiver in exceptional circumstances with respect to clause 4 of rule
    XXIII.
      (b)(1)(A) Unless approved by an affirmative vote of a majority of its
    members, the Committee on Standards of Official Conduct may not report

    [[Page [559]]]

    a resolution, report, recommendation, or advisory opinion relating to
    the official conduct of a Member, Delegate, Resident Commissioner,
    officer, or employee of the House, or, except as provided in
    subparagraph (2), undertake an investigation of such conduct.
      (B)(i) Upon the receipt of information offered as a complaint that is
    in compliance with this rule and the rules of the committee, the
    chairman and ranking minority member jointly may appoint members to
    serve as an investigative subcommittee.
      (ii) The chairman and ranking minority member of the committee jointly
    may gather additional information concerning alleged conduct that is the
    basis of a complaint or of information offered as a complaint until they
    have established an investigative subcommittee or either of them has
    placed on the agenda of the committee the issue of whether to establish
    an investigative subcommittee.
      (2) Except in the case of an investigation undertaken by the committee
    on its own initiative, the committee may undertake an investigation
    relating to the official conduct of an individual Member, Delegate,
    Resident Commissioner, officer, or employee of the House only--
          (A) upon receipt of information offered as a complaint, in writing
    and under oath, from a Member, Delegate, or Resident Commissioner and
    transmitted to the committee by such Member, Delegate, or Resident
    Commissioner; or

    [[Page [560]]]

          (B) upon receipt of information offered as a complaint, in writing
    and under oath, from a person not a Member, Delegate, or Resident
    Commissioner provided that a Member, Delegate, or Resident Commissioner
    certifies in writing to the committee that he believes the information
    is submitted in good faith and warrants the review and consideration of
    the committee.
    If a complaint is not disposed of within the applicable periods set
    forth in the rules of the Committee on Standards of Official Conduct,
    the chairman and ranking minority member shall establish jointly an
    investigative subcommittee and forward the complaint, or any portion
    thereof, to that subcommittee for its consideration. However, if at any
    time during those periods either the chairman or ranking minority member
    places on the agenda the issue of whether to establish an investigative
    subcommittee, then an investigative subcommittee may be established only
    by an affirmative vote of a majority of the members of the committee.
      (3) The committee may not undertake an investigation of an alleged
    violation of a law, rule, regulation, or standard of conduct that was
    not in effect at the time of the alleged violation. The committee may
    not undertake an investigation of such an alleged violation that
    occurred before the third previous Congress unless the committee
    determines that the alleged violation is directly related to an alleged
    violation that occurred in a more recent Congress.

    [[Page [561]]]

      (4) A member of the committee shall be ineligible to participate as a
    member of the committee in a committee proceeding relating to the
    member's official conduct. Whenever a member of the committee is
    ineligible to act as a member of the committee under the preceding
    sentence, the Speaker shall designate a Member, Delegate, or Resident
    Commissioner from the same political party as the ineligible member to
    act in any proceeding of the committee relating to that conduct.
      (5) A member of the committee may disqualify himself from
    participating in an investigation of the conduct of a Member, Delegate,
    Resident Commissioner, officer, or employee of the House upon the
    submission in writing and under oath of an affidavit of disqualification
    stating that the member cannot render an impartial and unbiased decision
    in the case in which the member seeks to be disqualified. If the
    committee approves and accepts such affidavit of disqualification, the
    chairman shall so notify the Speaker and request the Speaker to
    designate a Member, Delegate, or Resident Commissioner from the same
    political party as the disqualifying member to act in any proceeding of
    the committee relating to that case.
      (6) Information or testimony received, or the contents of a complaint
    or the fact of its filing, may not be publicly disclosed by any
    committee or staff member unless specifically authorized in each
    instance by a vote of the full committee.

    [[Page [562]]]

      (7) The committee shall have the functions designated in titles I and
    V of the Ethics in Government Act of 1978, in sections 7342, 7351, and
    7353 of title 5, United States Code, and in clause 11(g)(4) of rule X.
      (c)(1) Notwithstanding clause 2(g)(1) of rule XI, each meeting of the
    Committee on Standards of Official Conduct or a subcommittee thereof
    shall occur in executive session unless the committee or subcommittee,
    by an affirmative vote of a majority of its members, opens the meeting
    to the public.
      (2) Notwithstanding clause 2(g)(2) of rule XI, each hearing of an
    adjudicatory subcommittee or sanction hearing of the Committee on
    Standards of Official Conduct shall be held in open session unless the
    committee or subcommittee, in open session by an affirmative vote of a
    majority of its members, closes all or part of the remainder of the
    hearing on that day to the public.
      (d) Before a member, officer, or employee of the Committee on
    Standards of Official Conduct, including members of a subcommittee of
    the committee selected under clause 5(a)(4) of rule X and shared staff,
    may have access to information that is confidential under the rules of
    the committee, the following oath (or affirmation) shall be executed:
          ``I do solemnly swear (or affirm) that I will not disclose, to any
    person or entity outside the Committee on Standards of Official Conduct,
    any information received in the course of my service with the committee,
    except as au

    [[Page [563]]]

    thorized by the committee or in accordance with its rules.''
    Copies of the executed oath shall be retained by the Clerk as part of
    the records of the House. This paragraph establishes a standard of
    conduct within the meaning of paragraph (a)(2). Breaches of
    confidentiality shall be investigated by the Committee on Standards of
    Official Conduct and appropriate action shall be taken.
      (e)(1) If a complaint or information offered as a complaint is deemed
    frivolous by an affirmative vote of a majority of the members of the
    Committee on Standards of Official Conduct, the committee may take such
    action as it, by an affirmative vote of a majority of its members,
    considers appropriate in the circumstances.
      (2) Complaints filed before the One Hundred Fifth Congress may not be
    deemed frivolous by the Committee on Standards of Official Conduct.

      The investigative authority contained in this provision (former clause
    4(e) of rule X) was first conferred upon the commitee in the 90th
    Congress (H. Res. 1099, Apr. 3, 1968, p. 8802). Effective January 3,
    1975, the former requirement in paragraph (b)(1)(A) (former clause
    4(e)(2)(A) of rule X) that seven committee members must authorize an
    investigation was changed to permit a majority of the commitee to
    provide that authorization (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470). That provision was further amended in the 105th Congress to
    permit the chairman and ranking minority member, with respect to a
    properly filed complaint, to gather additional information or to
    establish an investigative subcommittee (sec. 11, H. Res. 168, Sept. 18,
    1997, p. ----). Paragraph (b)(5) (former clause 4(e)(2)(E) of rule X)
    was added in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), to
    provide a mechanism for a committee member to disqualify himself from
    participating in an investigation, and paragraph (b)(6) (former clause
    4(e)(2)(F) of rule X) was added in the 96th Congress (H. Res. 5, Jan.
    15, 1979, p. 8).
      This provision was amended in several particulars by the Ethics Reform
    Act of 1989 (P.L. 101-194): (1) paragraph (a)(1) (former clause
    4(e)(1)(A) of rule X) was amended to enable a letter of reproval or
    other administra

    [[Page [564]]]

    tive action of the commitee to be implemented as part of a report to the
    House, with no action required of the House; (2) paragraph (a)(2)
    (former clause 4(e)(1)(B) of rule X) was amended to require the
    committee to report to the House its findings of fact and any
    recommendations respecting the final disposition of a matter in which it
    votes to undertake an investigation; (3) a new paragraph (a)(4) (former
    clause 4(e)(1)(E) of rule X) was added to empower the commitee to
    consider requests that the rule restricting the acceptance of gifts be
    waived in exceptional circumstances; and (4) paragraph (b)(3) (former
    clause 4(e)(2)(C) of rule X) was amended to set a general limitation on
    actions for committee consideration of ethics matters.
      In the beginning of the 105th Congress a subparagraph (3) was added at
    the end of former clause 4(e) of rule X to establish a Select Committee
    on Ethics only to resolve a specific inquiry originally undertaken by
    the standing Committee on Standards of Official Conduct in the 104th
    Congress but not concluded (H. Res. 5, Jan. 7, 1997, p. 121). The select
    commitee filed one report to the House (H. Rept. 105-1, H. Res. 31, Jan.
    21, 1997, p. 393). The current form of paragraph (c) (former clause
    4(e)(3) of rule X) was adopted later in the 105th Congress (sec. 5, H.
    Res. 168, Sept. 18, 1997, p. ----).
      Additional amendments to this provision were adopted in the 105th
    Congress as follows: (1) paragraphs (d) and (3) (former clauses 4(e)(4)
    and 4(e)(5)) were adopted (sec. 6 and sec. 19, H. Res. 168, Sept. 18,
    1997, p. ----); (2) paragraph (b)(2) (former clause 4(e)(2)(B) of rule
    X) was amended to address the disposition of a complaint after
    expiration of periods set forth in the commitee rules and to specify
    parameters for the filing of complaints by non-Members (sec. 11, H. Res.
    168, Sept. 18, 1997, p. ----); and (3) paragraph (a)(3) (former clause
    4(e)(1)(C) of rule X) was amended to permit the commitee to report to
    the appropriate authorities substantial evidence of a violation of law
    by an affirmative vote of two-thirds of the members of the commitee
    without the approval of the House (sec. 18, H. Res. 168, Sept. 18, 1997,
    p. ----). Before the House recodified its rules in the 106th Congress,
    this provision was found in former clause 4(e) of rule X and paragraph
    (b)(7) was found in former clause 1(p) of rule X (H. Res. 5, Jan. 6,
    1999, p. ----). Clause 3(a)(5) was amended in the 107th Congress to
    reflect the redesignation of a rule (sec. 2(s), H. Res. 5, Jan. 3, 2001,
    p. ----).

    Committee agendas
      (f) <> The committee shall adopt rules providing that the chairman
    shall establish the agenda for meetings of the committee, but shall not
    preclude the

    [[Page [565]]]

    ranking minority member from placing any item on the agenda.
    Committee staff
      (g)(1) The committee shall adopt rules providing that--
          (A) the staff be assembled and retained as a professional,
    nonpartisan staff;
          (B) each member of the staff shall be professional and
    demonstrably qualified for the position for which he is hired;
          (C) the staff as a whole and each member of the staff shall
    perform all official duties in a nonpartisan manner;
          (D) no member of the staff shall engage in any partisan political
    activity directly affecting any congressional or presidential election;
          (E) no member of the staff or outside counsel may accept public
    speaking engagements or write for publication on any subject that is in
    any way related to his or her employment or duties with the committee
    without specific prior approval from the chairman and ranking minority
    member; and
          (F) no member of the staff or outside counsel may make public,
    unless approved by an affirmative vote of a majority of the members of
    the committee, any information, document, or other material that is
    confidential, derived from executive session, or classified and that is
    obtained during the course of employment with the committee.

    [[Page [566]]]

      (2) Only subdivisions (C), (E), and (F) of subparagraph (1) shall
    apply to shared staff.
      (3)(A) All staff members shall be appointed by an affirmative vote of
    a majority of the members of the committee. Such vote shall occur at the
    first meeting of the membership of the committee during each Congress
    and as necessary during the Congress.
      (B) Subject to the approval of the Committee on House Administration,
    the committee may retain counsel not employed by the House of
    Representatives whenever the committee determines, by an affirmative
    vote of a majority of the members of the committee, that the retention
    of outside counsel is necessary and appropriate.
      (C) If the committee determines that it is necessary to retain staff
    members for the purpose of a particular investigation or other
    proceeding, then such staff shall be retained only for the duration of
    that particular investigation or proceeding.
      (D) Outside counsel may be dismissed before the end of a contract
    between the committee and such counsel only by an affirmative vote of a
    majority of the members of the committee.
      (4) In addition to any other staff provided for by law, rule, or other
    authority, with respect to the committee, the chairman and ranking
    minority member each may appoint one individual as a shared staff member
    from his or her personal staff to perform service for the committee.
    Such shared staff may assist the chairman or ranking

    [[Page [567]]]

    minority member on any subcommittee on which he serves.
    Meetings and hearings
      (h)(1) The committee shall adopt rules providing that--
          (A) all meetings or hearings of the committee or any subcommittee
    thereof, other than any hearing held by an adjudicatory subcommittee or
    any sanction hearing held by the committee, shall occur in executive
    session unless the committee or subcommittee by an affirmative vote of a
    majority of its members opens the meeting or hearing to the public; and
          (B) any hearing held by an adjudicatory subcommittee or any
    sanction hearing held by the committee shall be open to the public
    unless the committee or subcommittee by an affirmative vote of a
    majority of its members closes the hearing to the public.
    Public disclosure
      (i) The committee shall adopt rules providing that, unless otherwise
    determined by a vote of the committee, only the chairman or ranking
    minority member, after consultation with each other, may make public
    statements regarding matters before the committee or any subcommittee
    thereof.
    Requirements to constitute a complaint
      (j) The committee shall adopt rules regarding complaints to provide
    that whenever information offered as a complaint is submitted to the com

    [[Page [568]]]

    mittee, the chairman and ranking minority member shall have 14 calendar
    days or five legislative days, whichever is sooner, to determine whether
    the information meets the requirements of the rules of the committee for
    what constitutes a complaint.
    Duties of chairman and ranking minority member regarding properly filed
            complaints
      (k)(1) The committee shall adopt rules providing that whenever the
    chairman and ranking minority member jointly determine that information
    submitted to the committee meets the requirements of the rules of the
    committee for what constitutes a complaint, they shall have 45 calendar
    days or five legislative days, whichever is later, after that
    determination (unless the committee by an affirmative vote of a majority
    of its members votes otherwise) to--
          (A) recommend to the committee that it dispose of the complaint,
    or any portion thereof, in any manner that does not require action by
    the House, which may include dismissal of the complaint or resolution of
    the complaint by a letter to the Member, officer, or employee of the
    House against whom the complaint is made;
          (B) establish an investigative subcommittee; or
          (C) request that the committee extend the applicable 45-calendar
    day or five-legislative day period by one additional 45-calendar day
    period when they determine more time is nec

    [[Page [569]]]

    essary in order to make a recommendation under subdivision (A).
      (2) The committee shall adopt rules providing that if the chairman and
    ranking minority member jointly determine that information submitted to
    the committee meets the requirements of the rules of the committee for
    what constitutes a complaint, and the complaint is not disposed of
    within the applicable time periods under subparagraph (1), then they
    shall establish an investigative subcommittee and forward the complaint,
    or any portion thereof, to that subcommittee for its consideration.
    However, if, at any time during those periods, either the chairman or
    ranking minority member places on the agenda the issue of whether to
    establish an investigative subcommittee, then an investigative
    subcommittee may be established only by an affirmative vote of a
    majority of the members of the committee.
    Duties of chairman and ranking minority member regarding information not
            constituting a complaint
      (l) The committee shall adopt rules providing that whenever the
    chairman and ranking minority member jointly determine that information
    submitted to the committee does not meet the requirements of the rules
    of the committee for what constitutes a complaint, they may--
          (1) return the information to the complainant with a statement
    that it fails to meet the requirements of the rules of the committee for
    what constitutes a complaint; or

    [[Page [570]]]

          (2) recommend to the committee that it authorize the establishment
    of an investigative subcommittee.
    Investigative and adjudicatory subcommittees
      (m) The committee shall adopt rules providing that--
          (1)(A) an investigative subcommittee shall be composed of four
    Members (with equal representation from the majority and minority
    parties) whenever such a subcommittee is established pursuant to the
    rules of the committee;
          (B) an adjudicatory subcommittee shall be composed of the members
    of the committee who did not serve on the pertinent investigative
    subcommittee (with equal representation from the majority and minority
    parties) whenever such a subcommittee is established pursuant to the
    rules of the committee; and
          (C) notwithstanding any other provision of this clause, the
    chairman and ranking minority member of the committee may consult with
    an investigative subcommittee either on their own initiative or on the
    initiative of the subcommittee, shall have access to information before
    a subcommittee with which they so consult, and shall not thereby be
    precluded from serving as full, voting members of any adjudicatory
    subcommittee;
          (2) at the time of appointment, the chairman shall designate one
    member of a subcommittee to serve as chairman and the rank

    [[Page [571]]]

    ing minority member shall designate one member of the subcommittee to
    serve as the ranking minority member; and
          (3) the chairman and ranking minority member of the committee may
    serve as members of an investigative subcommittee, but may not serve as
    non-voting, ex officio members.
    Standard of proof for adoption of statement of alleged violation
      (n) The committee shall adopt rules to provide that an investigative
    subcommittee may adopt a statement of alleged violation only if it
    determines by an affirmative vote of a majority of the members of the
    subcommittee that there is substantial reason to believe that a
    violation of the Code of Official Conduct, or of a law, rule,
    regulation, or other standard of conduct applicable to the performance
    of official duties or the discharge of official responsibilities by a
    Member, officer, or employee of the House of Representatives, has
    occurred.
    Subcommittee powers
      (o)(1) The committee shall adopt rules providing that an investigative
    subcommittee or an adjudicatory subcommittee may authorize and issue
    subpoenas only when authorized by an affirmative vote of a majority of
    the members of the subcommittee.
      (2) The committee shall adopt rules providing that an investigative
    subcommittee may, upon an affirmative vote of a majority of its members,

    [[Page [572]]]

    expand the scope of its investigation approved by an affirmative vote of
    a majority of the members of the committee.
      (3) The committee shall adopt rules to provide that--
          (A) an investigative subcommittee may, upon an affirmative vote of
    a majority of its members, amend its statement of alleged violation
    anytime before the statement of alleged violation is transmitted to the
    committee; and
          (B) if an investigative subcommittee amends its statement of
    alleged violation, the respondent shall be notified in writing and shall
    have 30 calendar days from the date of that notification to file an
    answer to the amended statement of alleged violation.
    Due process rights of respondents
      (p) The committee shall adopt rules to provide that--
          (1) not less than 10 calendar days before a scheduled vote by an
    investigative subcommittee on a statement of alleged violation, the
    subcommittee shall provide the respondent with a copy of the statement
    of alleged violation it intends to adopt together with all evidence it
    intends to use to prove those charges which it intends to adopt,
    including documentary evidence, witness testimony, memoranda of witness
    interviews, and physical evidence, unless the subcommittee by an
    affirmative vote of a majority of its members decides to withhold
    certain evidence in order to protect a

    [[Page [573]]]

    witness; but if such evidence is withheld, the subcommittee shall inform
    the respondent that evidence is being withheld and of the count to which
    such evidence relates;
          (2) neither the respondent nor his counsel shall, directly or
    indirectly, contact the subcommittee or any member thereof during the
    period of time set forth in paragraph (1) except for the sole purpose of
    settlement discussions where counsel for the respondent and the
    subcommittee are present;
          (3) if, at any time after the issuance of a statement of alleged
    violation, the committee or any subcommittee thereof determines that it
    intends to use evidence not provided to a respondent under paragraph (1)
    to prove the charges contained in the statement of alleged violation (or
    any amendment thereof), such evidence shall be made immediately
    available to the respondent, and it may be used in any further
    proceeding under the rules of the committee;
          (4) evidence provided pursuant to paragraph (1) or (3) shall be
    made available to the respondent and his or her counsel only after each
    agrees, in writing, that no document, information, or other materials
    obtained pursuant to that paragraph shall be made public until--
              (A) such time as a statement of alleged violation is made
    public by the committee if the respondent has waived the adjudicatory
    hearing; or

    [[Page [574]]]

              (B) the commencement of an adjudicatory hearing if the
    respondent has not waived an adjudicatory hearing;
        but the failure of respondent and his counsel to so agree in
    writing, and their consequent failure to receive the evidence, shall not
    preclude the issuance of a statement of alleged violation at the end of
    the period referred to in paragraph (1);
          (5) a respondent shall receive written notice whenever--
              (A) the chairman and ranking minority member determine that
    information the committee has received constitutes a complaint;
              (B) a complaint or allegation is transmitted to an
    investigative subcommittee;
              (C) an investigative subcommittee votes to authorize its first
    subpoena or to take testimony under oath, whichever occurs first; or
              (D) an investigative subcommittee votes to expand the scope of
    its investigation;
          (6) whenever an investigative subcommittee adopts a statement of
    alleged violation and a respondent enters into an agreement with that
    subcommittee to settle a complaint on which that statement is based,
    that agreement, unless the respondent requests otherwise, shall be in
    writing and signed by the respondent and respondent's counsel, the
    chairman and ranking minority member of the subcommittee, and the
    outside counsel, if any;

    [[Page [575]]]

          (7) statements or information derived solely from a respondent or
    his counsel during any settlement discussions between the committee or a
    subcommittee thereof and the respondent shall not be included in any
    report of the subcommittee or the committee or otherwise publicly
    disclosed without the consent of the respondent; and
          (8) whenever a motion to establish an investigative subcommittee
    does not prevail, the committee shall promptly send a letter to the
    respondent informing him of such vote.
    Committee reporting requirements
      (q) The committee shall adopt rules to provide that--
          (1) whenever an investigative subcommittee does not adopt a
    statement of alleged violation and transmits a report to that effect to
    the committee, the committee may by an affirmative vote of a majority of
    its members transmit such report to the House of Representatives;
          (2) whenever an investigative subcommittee adopts a statement of
    alleged violation, the respondent admits to the violations set forth in
    such statement, the respondent waives his or her right to an
    adjudicatory hearing, and the respondent's waiver is approved by the
    committee--
              (A) the subcommittee shall prepare a report for transmittal to
    the committee, a final draft of which shall be provided to the
    respondent not less than 15 calendar days be

    [[Page [576]]]

    fore the subcommittee votes on whether to adopt the report;
              (B) the respondent may submit views in writing regarding the
    final draft to the subcommittee within seven calendar days of receipt of
    that draft;
              (C) the subcommittee shall transmit a report to the committee
    regarding the statement of alleged violation together with any views
    submitted by the respondent pursuant to subdivision (B), and the
    committee shall make the report together with the respondent's views
    available to the public before the commencement of any sanction hearing;
    and
              (D) the committee shall by an affirmative vote of a majority
    of its members issue a report and transmit such report to the House of
    Representatives, together with the respondent's views previously
    submitted pursuant to subdivision (B) and any additional views
    respondent may submit for attachment to the final report; and
          (3) members of the committee shall have not less than 72 hours to
    review any report transmitted to the committee by an investigative
    subcommittee before both the commencement of a sanction hearing and the
    committee vote on whether to adopt the report.

      In the 105th Congress a 12-member bipartisan task force was informally
    appointed by the Majority and Minority Leaders to conduct a
    comprehensive review of the House ethics process. At the same time an
    order of the House was adopted imposing a moratorium on filing or
    processing ethics complaints and on raising certain questions of
    privilege under rule IX with respect to official conduct. The moratorium
    was imposed in the expectation that the recommendations of the task
    force would include changes

    [[Page [577]]]

    relating to the Committee on Standards of Official Conduct and the
    process by which the House enforces standards of official conduct (Feb.
    12, 1997, p. ----). The moratorium was extended through September 10,
    1997 (July 30, 1997, p. ----). On September 18, 1997, the House adopted
    the recommendations of the task force with certain amendments (H. Res.
    168, 105th Cong., p. ----), which included not only changes to the
    standing Rules of the House but also free-standing directives to the
    Committee on Standards of Official Conduct, which were reaffirmed for
    the 106th Congress (sec. 2(c), H. Res. 5, Jan. 6, 1999, p. ----) and
    again in the 107th Congress with an exception to section 13 (sec. 3(a),
    H. Res. 5, Jan. 3, 2001, p. ----). In the 108th Congress the pertinent
    freestanding provisions were codified (including the exception to
    section 13 added in the 107th Congress) as new paragraphs (f) through
    (q) of clause 3 (sec. 2(h), H. Res. 5, Jan. 7, 2003, p. ----).
      Section 803 of the Ethics Reform Act of 1989 (2 U.S.C. 29d) contains
    several free-standing provisions, which are carried in this annotation.
    The requirement that the respective party caucuses nominate seven
    majority and seven minority members should be read in light of clause 5
    of rule X, setting the composition of the committee at 10, five from the
    majority and five from the minority. The requirement that the committee
    adopt rules establishing investigative and adjudicative subcommittees
    should be read in light of clause 3(m), which constitutes the same
    requirement. The references to clause 5(d) of rule XI applied to a
    former rule regarding minority staffing requirements, which was
    eliminated in the 104th Congress (sec. 101(c)(5), H. Res. 6, Jan. 4,
    1995, p. 462).

                                   __________

     ``Sec. 803. Reforms Respecting the Committee on Standards of Official
                                   Conduct.--

                                      * * *

      ``(b) committee composition.--The respective party caucus or
    conference of the House of Representatives shall each nominate to the
    House of Representatives at the beginning of each Congress 7 members to
    serve on the Committee on Standards of Official Conduct.

      ``(c) investigative subcommittees.--The Committee on Standards of
    Official Conduct shall adopt rules providing--
              ``(1) for the establishment of a 4 or 6-member investigative
            subcommittee (with equal representation from the majority and
            minority parties) whenever the committee votes to undertake any
            investigation;
              ``(2) that the senior majority and minority members on an
            investigative subcommittee shall serve as the chairman and
            ranking minority member of the subcommittee; and

    [[Page [578]]]

              ``(3) that the chairman and ranking minority member of the
            full committee may only serve as non-voting, ex officio members
            on an investigative subcommittee.
    ``Clause 5(d) of rule XI of the Rules of the House of Representatives
    shall not apply to any investigative subcommittee.

      ``(d) adjudicatory subcommittees.--The Committee on Standards of
    Official Conduct shall adopt rules providing--
              ``(1) that upon the completion of an investigation, an
            investigative subcommittee shall report its findings and
            recommendations to the committee;
              ``(2) that, if an investigative subcommittee by majority vote
            of its membership adopts a statement of alleged violation, the
            remaining members of the committee shall comprise an
            adjudicatory subcommittee to hold a disciplinary hearing on the
            violation alleged in the statement;
              ``(3) that any statement of alleged violation and any written
            response thereto shall be made public at the first meeting or
            hearing on the matter which is open to the public after the
            respondent has been given full opportunity to respond to the
            statement in accordance with committee rules, but, if no public
            hearing or meeting is held on the matter, the statement of
            alleged violation and any written response thereto shall be
            included in the committee's final report to the House of
            Representatives as required by clause 4(e)(1)(B) of rule X of
            the Rules of the House of Representatives;
              ``(4) that a quorum for an adjudicatory subcommittee for the
            purpose of taking testimony and conducting any business shall
            consist of a majority of the membership of the subcommittee plus
            one; and
              ``(5) that an adjudicatory subcommittee shall determine, after
            receiving evidence, whether the counts in the statement have
            been proved and shall report its findings to the committee.
    ``Clause 5(d) of rule XI of the Rules of the House of Representatives
    shall not apply to any adjudicatory subcommittee.

                                      * * *

      ``(i) advice and education.--(1) The Committee on Standards of
    Official Conduct shall establish within the Committee an Office on
    Advice and Education (hereinafter in this subsection referred to as the
    `Office') under the supervision of the chairman.
              ``(2) The Office shall be headed by a director who shall be
            appointed by the chairman, in consultation with the ranking
            minority member, and shall be comprised of such staff as the
            chairman determines is necessary to carry out the
            responsibilities of the Office.
              ``(3) The primary responsibilities of the Office shall
            include:
                      ``(A) Providing information and guidance to Members,
                    officers and employees of the House regarding any laws,
                    rules, regulations, and other standards of conduct
                    applicable to such individ

    [[Page [579]]]

                    uals in their official capacities, and any
                    interpretations and advisory opinions of the committee.
                      ``(B) Submitting to the chairman and ranking minority
                    member of the committee any written request from any
                    such Member, officer or employee for an interpretation
                    of applicable laws, rules, regulations, or other
                    standards of conduct, together with any recommendations
                    thereon.
                      ``(C) Recommending to the committee for its
                    consideration formal advisory opinions of general
                    applicability.
                      ``(D) Developing and carrying out, subject to the
                    approval of the chairman, periodic educational briefings
                    for Members, officers and employees of the House on
                    those laws, rules, regulations, or other standards of
                    conduct applicable to them.
              ``(4) No information provided to the Committee on Standards of
            Official Conduct by a Member, officer or employee of the House
            of Representatives when seeking advice regarding prospective
            conduct of such Member, officer or employee may be used as the
            basis for initiating an investigation under clause 4(e)(1)(B) of
            rule X of the Rules of the House of Representatives, if such
            Member, officer or employee acts in accordance with the written
            advice of the committee.''.

                                   __________

      On occasions where the House has directed the committee to conduct
    specific investigations by separate resolution, it has authorized the
    committee to take depositions with one Member present, notwithstanding
    clause 2(h) of rule XI, to serve subpoenas within or without the United
    States, and to participate by special counsel in relevant judicial
    proceedings (see H. Res. 252, 95th Cong., Feb. 9, 1977, pp. 3966-75; H.
    Res. 608, Mar. 27, 1980, pp. 6995-98; H. Res. 254, June 30, 1983, p.
    18279), and to investigate persons other than Members, officers and
    employees with expanded subpoena authority (see H. Res. 1054, 94th
    Cong., Mar. 3, 1976, pp. 5165-68). By unanimous consent the committee
    was authorized to receive evidence and take testimony before a quorum of
    one of its Members for the remainder of the second session of the 100th
    Congress (Oct. 13, 1988, p. 30467). By resolutions considered as
    questions of the privileges of the House, the committee has been
    directed to investigate illegal solicitation of political contributions
    in the House Office Building by unnamed sitting Members (July 10, 1985,
    p. 18397); to review GAO audits of the operations of the ``bank'' in the
    Office of the Sergeant-at-Arms (Oct. 3, 1991, p. 25435), to disclose the
    names and pertinent account information of Members and former Members
    found to have abused the privileges of that entity (Mar. 12, 1992, p.
    5519), and to disclose further account information respecting Members
    and former Members having checks held by that entity (Mar. 12, 1992, p.
    5534); and to investigate violations of confidentiality by staff engaged
    in the investigation of the operation and management of the Office of
    the Postmaster (July 22, 1992, p. 18786). In compliance with one such

    [[Page [580]]]

    direction of the House, the acting chairman of the Committee on
    Standards of Official Conduct inserted in the Record names and pertinent
    account information of Members and former Members found to have abused
    the privileges of the ``bank'' in the Office of the Sergeant-at-Arms (H.
    Res. 393, Apr. 1, 1992, p. 7888). In the 106th Congress the chairman of
    the Committee on Standards of Official Conduct inserted in the Record an
    explanation of the committee's amendment to committee rule 20(f) to
    reflect that the full committee retains discretion whether to report to
    the House that an investigative subcommittee has not adopted a statement
    of alleged violation (Apr. 13, 2000, p. ----). In the 106th Congress the
    committee filed a report issuing a letter of reproval regarding the
    conduct of a Member (Oct. 16, 2000, p. ----).
      Under clause 3(b)(4) (former clause 4(e)(2)(D) of rule X), a member of
    the Committee on Standards of Official Conduct is ineligible to
    participate in a committee proceeding relating to that member's official
    conduct. Upon notification to the Speaker of such ineligibility, the
    Speaker designates another Member of the same political party as the
    ineligible member to serve on the committee during proceedings relating
    to that conduct (Speaker O'Neill, Feb. 5, 1980, p. 1908; July 23, 1996,
    p. 18596). Under clause 3(b)(5) (former clause 4(e)(2)(E) of rule X), a
    member of the committee may be recused from serving on the committee
    during proceedings relating to a pending investigation by submitting an
    affidavit of disqualification to the committee stating that the member
    cannot render an impartial and unbiased decision relating to that
    investigation. If the committee accepts the affidavit, the chairman
    notifies the Speaker and requests the Speaker to designate another
    Member from the same political party as the disqualified member to serve
    on the committee during proceedings relating to that investigation
    (Speaker O'Neill, Mar. 18, 1980).
      The committee has compiled statutory and rule-based ethical standards
    in the House Ethics Manual (102d Cong., 2d Sess.). In the Manual, the
    committee incorporates its advisory opinions issued under clause 3(a)(4)
    (former clause 4(e)(1)(D) of rule X), together with advisory opinions
    issued by the former Select Committee on Ethics, in its discussions of
    various ethical issues, including gifts, outside income, financial
    disclosure, staff rights and duties, official allowances and franking,
    casework considerations, campaign financing and practices, and
    involvement with official and unofficial organizations. The committee
    has also compiled a complete statement of the rules on gifts and travel,
    which supersedes Chapter 2 of the 1992 House Ethics Manual (Gifts and
    Travel, 106th Cong., 2d Sess.) and a complete statement of the rules on
    campaign funds, which supersedes chapter 8 of such Manual (Campaign
    Activity, 107th Cong.).

    [[Page [581]]]

    Audio and visual coverage of committee proceedings
      4. <> (a) The purpose
    of this clause is to provide a means, in conformity with acceptable
    standards of dignity, propriety, and decorum, by which committee
    hearings or committee meetings that are open to the public may be
    covered by audio and visual means--
          (1) for the education, enlightenment, and information of the
    general public, on the basis of accurate and impartial news coverage,
    regarding the operations, procedures, and practices of the House as a
    legislative and representative body, and regarding the measures, public
    issues, and other matters before the House and its committees, the
    consideration thereof, and the action taken thereon; and
          (2) for the development of the perspective and understanding of
    the general public with respect to the role and function of the House
    under the Constitution as an institution of the Federal Government.
      (b) In addition, it is the intent of this clause that radio and
    television tapes and television film of any coverage under this clause
    may not be used, or made available for use, as partisan political
    campaign material to promote or oppose the candidacy of any person for
    elective public office.
      (c) It is, <> further, the intent of
    this clause that the general conduct of each meeting (whether of a
    hearing or otherwise)

    [[Page [582]]]

    covered under authority of this clause by audio or visual means, and the
    personal behavior of the committee members and staff, other Government
    officials and personnel, witnesses, television, radio, and press media
    personnel, and the general public at the hearing or other meeting, shall
    be in strict conformity with and observance of the acceptable standards
    of dignity, propriety, courtesy, and decorum traditionally observed by
    the House in its operations, and may not be such as to--
          (1) distort the objects and purposes of the hearing or other
    meeting or the activities of committee members in connection with that
    hearing or meeting or in connection with the general work of the
    committee or of the House; or
          (2) cast discredit or dishonor on the House, the committee, or a
    Member, Delegate, or Resident Commissioner or bring the House, the
    committee, or a Member, Delegate, or Resident Commissioner into
    disrepute.
      (d) The coverage of committee hearings and meetings by audio and
    visual means shall be permitted and conducted only in strict conformity
    with the purposes, provisions, and requirements of this clause.
      (e) Whenever <> a hearing or meeting
    conducted by a committee or subcommittee is open to the public, those
    proceedings shall be open to coverage by audio and visual means. A
    committee or subcommittee chairman may not limit the number of
    television

    [[Page [583]]]

    or still cameras to fewer than two representatives from each medium
    (except for legitimate space or safety considerations, in which case
    pool coverage shall be authorized).
      (f) Each <> committee shall adopt
    written rules to govern its implementation of this clause. Such rules
    shall contain provisions to the following effect:
          (1) If audio or visual coverage of the hearing or meeting is to be
    presented to the public as live coverage, that coverage shall be
    conducted and presented without commercial sponsorship.
          (2) The allocation among the television media of the positions or
    the number of television cameras permitted by a committee or
    subcommittee chairman in a hearing or meeting room shall be in
    accordance with fair and equitable procedures devised by the Executive
    Committee of the Radio and Television Correspondents' Galleries.
          (3) Television cameras shall be placed so as not to obstruct in
    any way the space between a witness giving evidence or testimony and any
    member of the committee or the visibility of that witness and that
    member to each other.
          (4) Television cameras shall operate from fixed positions but may
    not be placed in positions that obstruct unnecessarily the coverage of
    the hearing or meeting by the other media.
          (5) Equipment necessary for coverage by the television and radio
    media may not be in

    [[Page [584]]]

    stalled in, or removed from, the hearing or meeting room while the
    committee is in session.
          (6)(A) Except as provided in subdivision (B), floodlights,
    spotlights, strobelights, and flash-
    guns may not be used in providing any method of coverage of the hearing
    or meeting.
          (B) The television media may install additional lighting in a
    hearing or meeting room, without cost to the Government, in order to
    raise the ambient lighting level in a hearing or meeting room to the
    lowest level necessary to provide adequate television coverage of a
    hearing or meeting at the current state of the art of television
    coverage.
          (7) In the allocation of the number of still photographers
    permitted by a committee or subcommittee chairman in a hearing or
    meeting room, preference shall be given to photographers from Associated
    Press Photos and United Press International Newspictures. If requests
    are made by more of the media than will be permitted by a committee or
    subcommittee chairman for coverage of a hearing or meeting by still
    photography, that coverage shall be permitted on the basis of a fair and
    equitable pool arrangement devised by the Standing Committee of Press
    Photographers.
          (8) <> Photographers may not
    position themselves between the witness table and the members of the
    committee at any time during the course of a hearing or meeting.

    [[Page [585]]]

          (9) Photographers may not place themselves in positions that
    obstruct unnecessarily the coverage of the hearing by the other media.
          (10) Personnel providing coverage by the television and radio
    media shall be currently accredited to the Radio and Television
    Correspondents' Galleries.
          (11) <> Personnel providing
    coverage by still photography shall be currently accredited to the Press
    Photographers' Gallery.
          (12) Personnel providing coverage by the television and radio
    media and by still photography shall conduct themselves and their
    coverage activities in an orderly and unobtrusive manner.

      The rule permitting broadcasting of committee hearings was contained
    in section 116(b) of the Legislative Reorganization Act of 1970 (84
    Stat. 1140) and became part of the rules in the 92d Congress (H. Res. 5,
    Jan. 22, 1971, p. 144). In the 93d Congress (H. Res. 1107, July 22,
    1974, p. 24447), the rule was amended to permit committees to adopt
    rules allowing coverage of committee meetings as well as hearings.
    Paragraphs (e), (f)(3), (f)(5), and (f)(8) of this clause were amended
    in the 99th Congress to remove the limit on the number of television
    cameras (previously four) and press photographers (previously five)
    covering committee proceedings, and to provide the committee or
    subcommittee chairman with the discretion to determine the appropriate
    number (H. Res. 7, Jan. 3, 1985, p. 393). At the beginning of the 104th
    Congress paragraph (d) was amended to delete the former characterization
    of broadcast and photographic coverage of committee meetings and
    hearings as ``a privilege made available by the House,'' and paragraph
    (e) was amended to eliminate the requirement that a committee vote to
    permit broadcast and photographic coverage of open hearings and meetings
    and to prohibit chairmen from limiting coverage to less than two
    representatives from each medium, except where space or safety
    considerations warrant pool coverage (sec. 105, H. Res. 6, Jan. 4, 1995,
    p. 463). Later in the 104th Congress this clause was again amended to
    make conforming changes in its heading and in paragraph (f) (H. Res.
    254, Nov. 30, 1995, p. 35077). Former clause 4(f)(2), permitting a
    witness to terminate audio and visual (including photographic) coverage,
    was eliminated in the

    [[Page [586]]]

    105th Congress (H. Res. 301, Nov. 12, 1997, p. ----). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 3 of rule XI (H. Res. 5, Jan. 6, 1999, p. ----).

    Pay of witnesses
      5. <> Witnesses appearing before the House or any of its
    committees shall be paid the same per diem rate as established,
    authorized, and regulated by the Committee on House Administration for
    Members, Delegates, the Resident Commissioner, and employees of the
    House, plus actual expenses of travel to or from the place of
    examination. Such per diem may not be paid when a witness has been
    summoned at the place of examination.

      This clause (former rule XXXV) was adopted in 1872, with amendments in
    1880 (III, 1825), 1930 (VI, 393), April 19, 1955 (p. 4722), August 12,
    1969 (H. Res. 495, 91st Cong., p. 23355), and July 28, 1975 (H. Res.
    517, 94th Cong. p. 25258). The last amendment eliminated the specific
    per diem and travel rate of reimbursement and allowed actual travel
    costs and per diem for witnesses requested or subpoenaed to appear at
    the same rate as established by the Committee on House Administration
    for Members and employees. In the 104th and 106th Congresses it was
    amended to conform references to a renamed committee (sec. 202(b), H.
    Res. 6, Jan. 4, 1995, p. 467; H. Res. 5, Jan. 6, 1999, p. ----). Before
    the House recodified its rules in the 106th Congress, this provision was
    found in former rule XXXV (H. Res. 5, Jan. 6, 1999, p. ----). For
    further provisions relating to witnesses, see clauses 2(j) and (k) of
    rule XI (Sec. Sec. 802-803, supra).
      Regulations of the Committee on House Administration do not permit per
    diem reimbursement for witnesses. Regulations for reimbursement of
    actual travel costs may be found in the Committees' Congressional
    Handbook, Committee on House Administration, under the section entitled
    ``Hearings and Meetings.''

    [[Page [587]]]

    Unfinished business of the session
      6. All business <> of the House at the end of one session shall be resumed at
    the commencement of the next session of the same Congress in the same
    manner as if no adjournment had taken place.

      At first the Congress attempted to follow the rule of the English
    Parliament that business unfinished in one session should begin anew at
    the next; but in 1818, after an investigation of a joint committee in
    1816, a rule was adopted that House bills remaining undetermined in the
    House should be continued at the next session after six days. This rule
    did not reach House bills sent to the Senate; but in 1848 the two Houses
    remedied this omission by a joint rule. Business referred to committees
    of the House was still subject to the old rule of Parliament; but in
    1860 the present rule was adopted as a supplement to the rule of 1818.
    In 1890, desiring to do away with the limitation of the six days and
    apparently overlooking the main purpose of the rule of 1818, the House
    rescinded that portion of this provision which dated from 1818. Also, in
    1876 the joint rules were abrogated, leaving no provision, except the
    headline of the rule, for the continuance of business not before
    committees. The practice, however, had become so well established that
    no question has ever been raised (V, 6727). Before the House recodified
    its rules in the 106th Congress, this provision was found in former rule
    XXVI (H. Res. 5, Jan. 6, 1999, p. ----).
      The business of conferences between the two Houses is not interrupted
    by an adjournment of a session which does not terminate the Congress (V,
    6260-6262), and even where one House asks a conference at one session
    the other may agree to it in the next session (V, 6286). Where bills
    were enrolled and signed by the presiding officers of the two Houses at
    the close of one session they were sent to the President and approved at
    the beginning of the next session (IV, 3486-3488).

    [[Page [588]]]

    [DOCID:hd284-109]
                                    Rule XII

    [DOCID:hd284-110]
                  receipt and referral of measures and matters

    Messages
      1. <> Messages received from the Senate, or from the President,
    shall be entered on the Journal and published in the Congressional
    Record of the proceedings of that day.

      This provision was adopted in 1867 and amended in 1880 (V, 6593). It
    was renumbered January 3, 1953 (p. 24). Before the House recodified its
    rules in the 106th Congress, this provision was found in former rule
    XXXIX (H. Res. 5, Jan. 6, 1999, p. ----).
      The House may receive a message from the Senate when the Senate is not
    in session (VIII, 3338).

    Referral
      2. <> (a) The Speaker shall refer
    each bill, resolution, or other matter that relates to a subject listed
    under a standing committee named in clause 1 of rule X in accordance
    with the provisions of this clause.
      (b) The Speaker shall refer matters under paragraph (a) in such manner
    as to ensure to the maximum extent feasible that each committee that has
    jurisdiction under clause 1 of rule X over the subject matter of a
    provision thereof may consider such provision and report to the House
    thereon. Precedents, rulings, or procedures in effect before the Ninety-
    Fourth Congress shall be applied to referrals under this clause only to
    the extent that they will contribute to the achievement of the
    objectives of this clause.

    [[Page [589]]]

      (c) In carrying out paragraphs (a) and (b) with respect to the
    referral of a matter, the Speaker--
          (1) shall designate a committee of primary jurisdiction (except
    where he determines that extraordinary circumstances justify review by
    more than one committee as though primary);
          (2) may refer the matter to one or more additional committees for
    consideration in sequence, either initially or after the matter has been
    reported by the committee of primary jurisdiction;
          (3) may refer portions of the matter reflecting different subjects
    and jurisdictions to one or more additional committees;
          (4) may refer the matter to a special, ad hoc committee appointed
    by the Speaker with the approval of the House, and including members of
    the committees of jurisdiction, for the specific purpose of considering
    that matter and reporting to the House thereon;
          (5) may subject a referral to appropriate time limitations; and
          (6) may make such other provision as may be considered
    appropriate.

      This provision became effective as part of the rules on January 3,
    1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Prior to that
    time a bill or resolution could not be divided for reference among two
    or more committees, although it contained matter properly within the
    jurisdiction of several committees (IV, 4361). Paragraph (c) was amended
    on January 4, 1977 (H. Res. 5, pp. 53-70) to authorize the Speaker to
    place an appropriate time limit for consideration by the first committee
    or committees to which referred. In the 104th Congress paragraph (c) was
    again amended to require the Speaker to initially designate a committee
    of primary jurisdiction in each referral of a measure to more than one
    committee (sec. 205, H. Res. 6, Jan. 4, 1995, p. 467). In the 108th
    Congress the parenthetical excep

    [[Page [590]]]

    tion in paragraph (c)(1) was added (sec. 2(i), H. Res. 5, Jan. 7, 2003,
    p. ----). A paragraph (e) was added to the clause on January 4, 1977 (H.
    Res. 5, pp. 53-70) to abolish the legislative jurisdiction in the House
    of the Joint Committee on Atomic Energy. The legislative jurisdiction of
    the Joint Committee was divided among the Committees on Armed Services
    (military applications of nuclear energy), Interior and Insular Affairs
    (now Resources) (regulation of the domestic nuclear energy industry,
    since transferred to the Committee on Energy and Commerce in the 104th
    Congress), Foreign Affairs (now International Relations)
    (nonproliferation of nuclear energy and international nuclear export
    agreements), Interstate and Foreign Commerce (now Energy and Commerce)
    (the same jurisdiction over nuclear energy as exercised over other
    energy), and Science and Technology (now Science) (nondefense nuclear
    research and development). In addition, the Committee on Interstate and
    Foreign Commerce (now Energy and Commerce) was given oversight
    jurisdiction over all laws, programs, and government activities
    affecting nuclear energy. Paragraph (e) was deleted entirely in the 97th
    Congress (H. Res. 5, Jan. 5, 1981, p. 98). At the same time the House
    deleted former paragraph (d) which required the Congressional Research
    Service of the Library of Congress to prepare factual descriptions of
    each bill or resolution introduced in the House to be published in the
    Congressional Record. Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 5 of rule X (H. Res.
    5, Jan. 6, 1999, p. ----).
      An order of the House that no organizational or legislative business
    be conducted on certain days (first by provision of a concurrent
    resolution, but extended by unanimous consent) was considered not to
    deprive Members of the privilege of introducing bills and resolutions
    during pro forma sessions on those days, such measures being numbered on
    the day introduced but not noted in the Record or referred to committee
    until the day on which business was resumed (H. Con. Res. 260, 102d
    Cong., Nov. 26, 1991, p. 35840; see Jan. 22, 1992, p. 149, and Jan. 28,
    1992, p. 745).
      Under clause 2(c), the Speaker may (1) refer a bill to more than one
    committee for their respective consideration of such provisions of the
    bill as fall within their jurisdiction (Speaker Albert, Feb. 25, 1976,
    p. 4315), (2) divide a matter for initial reference to committees
    (Speaker Albert, Feb. 4, 1975, p. 2253; Speaker Hastert, Apr. 26, 1999,
    p. ----), or (3) refer designated portions of a bill to one committee
    while referring the entire bill to another committee (Speaker O'Neill,
    Mar. 3, 1982, p. 3155). The Speaker also may set appropriate time
    limitations on the initial reference to each committee (Speaker O'Neill,
    Feb. 16, 1977, p. 4532; Speaker O'Neill, May 2, 1977, p. 13184). For
    example, the Speaker may refer a bill to two committees, with a time
    limit on one of the committees ending within a certain period after the
    other committee reports to the House (Speaker O'Neill, Jan. 27, 1983, p.
    937; Speaker O'Neill, Feb. 2, 1983, p. 1492; Speaker Wright, Apr. 9,
    1987, p. 8665) or with a time limit on one committee ending with a date
    certain (Speaker O'Neill, July 31, 1985, p. 21936; Speak

    [[Page [591]]]

    er Hastert, Mar. 13, 2001, p. ----; Speaker Hastert, July 26, 2002, p.
    ----). The Speaker may discharge a committee from further consideration
    of a bill not reported by it within the time for which the bill was
    referred and place the bill on the appropriate calendar (Speaker
    O'Neill, May 8, 1978, p. 12924).
      Before paragraph (c) was amended in the 104th Congress to require the
    Speaker to designate a committee of primary jurisdiction, the Speaker
    announced at the convening of the 98th Congress that he would exercise
    his authority, in situations that warranted it, to designate a primary
    committee among those to which a bill was jointly referred, and to
    impose time limits on committees having a secondary interest following
    the report of the primary committee under a joint referral (Speaker
    O'Neill, Jan. 3, 1983, p. 54; Speaker Foley, Jan. 5, 1993, p. 105). The
    Speaker may refer a bill primarily to one committee (as now required by
    paragraph (c)) while also referring it initially to additional
    committees for time periods to be subsequently determined when the
    primary committee reports, in each case for consideration of matters
    within their respective jurisdictions (Speaker Gingrich, Jan. 4, 1995,
    p. 123).
      Pursuant to the Speaker's authority under clause 2 of rule XIV (former
    clause 2 of rule XXIV), relating to messages from the Senate, he has
    discretionary authority to refer from the Speaker's table to standing
    committees, Senate amendments to House-passed bills, under any
    conditions permitted under this provision for 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). Beginning with the 98th Congress, the Speaker
    announced a policy of referring nongermane Senate amendments under
    certain conditions (Speaker O'Neill, Jan. 3, 1983, p. 54; Speaker Foley,
    Jan. 5, 1993, p. 105).
      Under <> clause
    2(c), the Speaker has authority to sequentially refer a bill reported
    from a committee to other committees for a time certain for
    consideration of such portions of the bill as fall within their
    respective jurisdictions (Speaker Albert, Apr. 9, 1976, p. 10265;
    Speaker Albert, May 17, 1976, p. 14093). Under that authority, the
    Speaker may limit a sequential referral to matters having a direct
    effect on subjects within the committee's jurisdiction (Speaker O'Neill,
    Apr. 5, 1982, p. 6580; Speaker O'Neill, June 7, 1983, p. 14699; Speaker
    Wright, Sept. 9, 1987, p. 23648). For example, the Speaker sequentially
    referred a bill reported by the Committee on Energy and Commerce to the
    Committee on the Judiciary for a specified time for consideration of
    ``such provisions of the bill and amendment recommended by the Committee
    on Energy and Commerce as propose to narrow the purview of the Attorney
    General under section 271 of the Communications Act of 1934'' (Speaker
    Hastert, May 24, 2001, p. ----). The Speaker exercised

    [[Page [592]]]

    his authority under this clause to sequentially refer a joint resolution
    making continuing appropriations, reported as privileged by the
    Committee on Appropriations, to the committee having legislative
    jurisdiction over a legislative provision in the resolution, without a
    time limitation on the sequential referral (Speaker O'Neill, Sept. 22,
    1983, p. 25523).
      The Speaker has sometimes announced the application of his authority
    on sequential referrals at the outset of a Congress. For example, in the
    97th Congress, the Speaker announced that the sequential referral of a
    measure would be based on the subject matter of any amendment
    recommended by the reporting committee, as well as upon the original
    text of the measure (Speaker O'Neill, Jan. 5, 1981, pp. 115, 116). In
    the 100th Congress, the Speaker announced that, in certain cases, a
    sequential referral would be based only upon the text of a reported
    substitute amendment in lieu of original text (Speaker Wright, Jan. 6,
    1987, p. 22). The Speaker has sequentially referred (1) a bill for
    consideration of the bill and amendment of the previous committee
    (Speaker O'Neill, Oct. 13, 1977, p. 33716); (2) a bill to two committees
    for different periods of time, solely for consideration of designated
    sections of the first committee's recommended amendment (Speaker
    O'Neill, May 18, 1982, p. 10418; Speaker O'Neill, Aug. 1, 1985, p.
    22681); (3) a bill for consideration by a third committee of a portion
    of an amendment in the nature of a substitute recommended by one of the
    committees to which the bill had been initially referred (Speaker
    O'Neill, May 22, 1985, p. 13126); and (4) a bill back to the first-
    reporting committee when it was reported from the second-reporting
    committee with a nongermane amendment within the jurisdiction of the
    first committee and not within the bounds of the initial referral
    (Speaker Wright, Oct. 4, 1988, p. 28242). The Speaker also may base a
    sequential referral only on the text of the bill as introduced, even a
    bill reported by the primary committee with an amendment in the nature
    of a substitute (Speaker Gingrich, Sept. 12, 1995, p. 24791). For
    example, the Speaker sequentially referred a bill where the amendment
    recommended by the primary committee would delete portions of the bill
    within the jurisdiction of the sequential committee (Speaker Hastert,
    May 10, 1999, p. ----).
      In the 96th Congress, the Speaker followed a more restrictive policy,
    permitting a sequential committee to review (1) those portions of
    introduced text within its jurisdiction and (2) those portions of an
    amendment within its jurisdiction when the introduced version also
    warranted a sequential referral to the committee (Speaker O'Neill, Apr.
    15, 1980, p. 7760). The Speaker first exercised the authority to base
    referrals on committee amendments by sequentially referring a bill
    reported from the Committee on Public Works and Transportation (now
    Transportation and Infrastructure), relating only to Corps of Engineers'
    water projects as introduced but amended in committee to address general
    water resource policy affecting irrigation and reclamation projects and
    soil conservation programs, to the Committees on Agriculture and
    Interior and Insular Affairs (now

    [[Page [593]]]

    Resources) for consideration of provisions of the committee amendment
    within their jurisdiction (Speaker O'Neill, May 20, 1981, p. 10361).
      The Speaker may (1) discharge a measure from the Union Calendar and
    sequentially refer it to another committee (Speaker O'Neill, Apr. 27,
    1978, p. 11742; Speaker O'Neill, May 21, 1982, p. 11169; Speaker
    O'Neill, June 19, 1986, p. 14741; Speaker Foley, June 12, 1990, p.
    13670; Speaker Hastert, Nov. 30, 2001, p. ----); (2) sequentially refer
    a bill that has been initially referred to several committees but
    reported only by one, for consideration of the reporting committee's
    amendment (Speaker O'Neill, June 17, 1982, p. 14069; Speaker Foley,
    Sept. 5, 1990, p. 23477); and (3) sequentially refer a bill referred to
    more than one committee when the first committee reports, for a period
    ending a number of days after the next committee reports (Speaker
    O'Neill, Aug. 1, 1985, p. 22681), or after all committees report
    (Speaker Wright, June 10, 1988, p. 14079).
      The Speaker may (1) extend the time of a sequentially referred bill
    and may refer the bill to yet another committee under the same
    sequential referral conditions (Speaker Albert, June 1, 1976, p. 16588);
    (2) delimit the period for sequential consideration of a bill in terms
    of legislative days (Speaker Wright, June 30, 1988, p. 16597); or (3)
    sequentially refer a bill without day (Speaker Wright, Sept. 27, 1988,
    p. 25827). On the last day of an expiring sequential referral, a
    committee has until midnight to file its report with the Clerk (Oct. 9,
    1991, p. 26045).
      Resolutions <> authorizing the Speaker to establish an ad hoc committee
    for the consideration of a particular bill under paragraph (c) of this
    clause, and extending the reporting date for such a committee, are
    privileged when offered from the floor at the Speaker's request (Speaker
    Albert, Apr. 22, 1975, p. 11261; Speaker Albert, Jan. 26, 1976, p. 876;
    Speaker O'Neill, Jan. 11, 1977, pp. 894-98; Speaker O'Neill, Apr. 21,
    1977, pp. 11550-56).
      Pursuant to his authority under paragraph (c)(4), the Speaker may
    refer a bill to a special ad hoc committee appointed by him with the
    approval of the House (from the members of the committees with
    legislative jurisdiction) for consideration and report on that
    particular bill (Speaker Albert, Apr. 22, 1975, p. 11261) or may jointly
    refer a report of a select committee filed with the Clerk to standing
    committees of the House for their study (Speaker Albert, Feb. 16, 1976,
    p. 3158).
      The Speaker may refer to an ad hoc committee, established with the
    approval of the House, bills, resolutions, and other matters (including
    messages and communications) for the purpose of considering such matters
    and reporting to the House thereon, and the resolution creating such a
    committee may specify whether referrals to such a committee shall be by
    initial or sequential reference or by any of the other methods provided
    by this clause (H. Res. 508, Apr. 21, 1977, pp. 11550-56; Speaker
    O'Neill, July 11, 1977, p. 22183; Speaker O'Neill, July 20, 1977, p.
    24167). For

    [[Page [594]]]

    a discussion of Speaker's referrals to the Select Committee on Homeland
    Security, see Sec. 1112a, infra.
      Clause 7 provides the mechanism for changes of referrals erroneously
    made.

      (d) <> A bill
    for the payment or adjudication of a private claim against the
    Government may not be referred to a committee other than the Committee
    on International Relations or the Committee on the Judiciary, except by
    unanimous consent.

      The present form of this paragraph was made effective January 2, 1947,
    as a part of the Legislative Reorganization Act of 1946 (60 Stat. 812).
    It was amended several times to conform references to renamed committees
    (H. Res. 163, Mar. 19, 1975, p. 7343; H. Res. 89, Feb. 5, 1979, p. 1848;
    sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 467). The old rule, adopted in
    1885 and amended May 29, 1936, provided that private claims bills be
    referred to a Committee on Invalid Pensions, Claims, War Claims, Public
    Lands, and Accounts, in addition to the Committees on Foreign Affairs
    (now International Relations) and the Judiciary. Certain private bills,
    resolutions and amendments are barred (see Sec. 822, infra). Before the
    House recodified its rules in the 106th Congress, this provision was
    found in former clause 4 of rule XXI (H. Res. 5, Jan. 6, 1999, p. ----).
      Under this paragraph unanimous consent is required for the reference
    of a bill for the payment of a private claim to a committee other than
    the Committee on the Judiciary or the Committee on International
    Relations (May 4, 1978, p. 12615). The Committee on the Judiciary, and
    not the Committee on Ways and Means, has jurisdiction over a private
    bill specifying that a certain annuity fund is exempt from taxation
    under provisions of the Internal Revenue Code (Deschler, ch. 17,
    Sec. 43.22).

    Petitions, memorials, and private bills
      3. If a <> Member, Delegate, or Resident
    Commissioner has a petition, memorial, or private bill to present, he
    shall endorse his name, deliver it to the Clerk, and may specify the
    reference or disposition to be made thereof. Such petition, memorial, or
    private bill (except when judged by the Speaker to be obscene or
    insulting) shall be en

    [[Page [595]]]

    tered on the Journal with the name of the Member, Delegate, or Resident
    Commissioner presenting it and shall be printed in the Congressional
    Record.

      At the first organization of the House in 1789 the rules then adopted
    provided for the presentation of petitions to the House by the Speaker
    and Members, and for the introduction of bills by motion for leave. In
    1842 it was found necessary, in order to save time, to provide that
    petitions and memorials should be filed with the Clerk. In 1870, 1879,
    and 1887 the practice as to petitions was extended to private bills, at
    first as to certain classes and later so that all should be filed with
    the Clerk (IV, 3312, 3365; VII, 1024). Before the House recodified its
    rules in the 106th Congress, this provision was found in former clause 1
    of rule XXII (H. Res. 5, Jan. 6, 1999, p. ----).
      Petitions, memorials, <> and other papers addressed to the House may
    be presented by the Speaker as well as by a Member (IV, 3312). Petitions
    from the country at large are presented by the Speaker in the manner
    prescribed by the rule (III, 2030; IV, 3318; VII, 1025). A Member may
    present a petition from the people of a State other than his own (IV,
    3315, 3316). The House itself may refer one portion of a petition to one
    committee and another portion to another committee (IV, 3359, 3360), but
    ordinarily the reference of a petition does not come before the House
    itself. A committee may receive a petition only through the House (IV,
    4557).
      The parliamentary <> law provides that the House may commit a portion of a bill,
    or a part to one committee and part to another (V, 5558), yet under the
    practice of the House until January 3, 1975, a bill or joint resolution
    could not be divided for reference, although it might contain matters
    properly within the jurisdiction of several committees (IV, 4372, 4376).
    On that date, the Speaker was given authority over referral of bills as
    prescribed in clause 2 of this rule (former clause 5 of rule X). In the
    106th Congress the Speaker referred a bill by title to two committees
    (H.R. 1554, Apr. 26, 1999, p. ----).
      The fraudulent <> introduction of a bill involves a question of privilege, and a
    bill so introduced was ordered stricken from the files (IV, 3388). As
    the result of the unauthorized introduction of several bills without the
    knowledge of the Members listed as sponsors, the Speaker directed that
    all bills and resolutions must be signed by the prime sponsor thereof in
    order to be accepted for introduction (Speaker Albert, Feb. 3, 1972, p.
    2521).

    [[Page [596]]]

      4. A <> private
    bill or private resolution (including an omnibus claim or pension bill),
    or amendment thereto, may not be received or considered in the House if
    it authorizes or directs--
          (a) the payment of money for property damages, for personal
    injuries or death for which suit may be instituted under the Tort Claims
    Procedure provided in title 28, United States Code, or for a pension
    (other than to carry out a provision of law or treaty stipulation);
          (b) the construction of a bridge across a navigable stream; or
          (c) the correction of a military or naval record.

      This paragraph derives from section 131 of the Legislative
    Reorganization Act of 1946 (60 Stat. 812) and was made a part of the
    standing rules January 3, 1953 (p. 24). Before the House recodified its
    rules in the 106th Congress, this provision was found in former clause
    2(a) of rule XXII (H. Res. 5, Jan. 6, 1999, p. ----). The prohibition
    relating to correction of a miltary record does not apply to a private
    bill that changes the computation of retired pay for a former member of
    the armed services (after exhaustion of administrative remedies) but
    does not directly correct his military record (Sept. 18, 1984, p.
    25824).

    Prohibition on commemorations
      5. (a) <> A bill or
    resolution, or an amendment thereto, may not be introduced or considered
    in the House if it establishes or expresses a commemoration.
      (b) In this clause the term ``commemoration'' means a remembrance,
    celebration, or recognition for any purpose through the designation of a
    specified period of time.

    [[Page [597]]]

      The 104th Congress added the prohibition against commemorative
    legislation and directed the Committee on Government Reform and
    Oversight (now Government Reform) to consider alternative means for
    establishing commemorations, including the creation of an independent or
    executive branch commission for such purpose, and to report to the House
    any recommendations thereon (sec. 216, 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 2(b) of rule XXII (H. Res. 5, Jan.
    6, 1999, p. ----). The House by unanimous consent waived the prohibition
    against introduction of a certain joint resolution proposing a
    commemoration (which was contained in the resolved clause and not merely
    in the preamble), specified by sponsor and title (Oct. 24, 2001, p. ----
    ).

    Excluded matters
      6. A <> petition, memorial, bill, or resolution excluded under
    this rule shall be returned to the Member, Delegate, or Resident
    Commissioner from whom it was received. A petition or private bill that
    has been inappropriately referred may, by direction of the committee
    having possession of it, be properly referred in the manner originally
    presented. An erroneous reference of a petition or private bill under
    this clause does not confer jurisdiction on a committee to consider or
    report it.

      This clause of the rule was first adopted in 1880, although the
    portion relating to the return of certain petitions and bills was
    adapted from an older rule of 1842 (IV, 3312, 3365). In the 104th
    Congress it was amended to conform to the new prohibition against
    commemorative legislation (sec. 216, 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 3 of rule XXII (H. Res. 5, Jan. 6,
    1999, p. ----).
      Errors in reference of petitions, memorials, or private bills are
    corrected at the Clerk's table, without action by the House, at the
    suggestion of the committee holding possession (IV, 4379). As provided
    in the rule, the erroneous reference of a private House bill does not
    confer jurisdiction, and a point of order is good when the bill comes up
    for consideration either in the House or in the Committee of the Whole
    (IV, 4382-4389). But in cases wherein the House itself refers a private
    House or Senate bill a point of order may not be raised as to
    jurisdiction (IV, 4390, 4391; VII, 2131).

    [[Page [598]]]

    The Speaker may correct the erroneous referral of a bill as private by
    referring it to the appropriate (Union) calendar as a public bill when
    reported (June 1, 1988, p. 13184).

    Sponsorship
      7. (a) Bills, <> memorials,
    petitions, and resolutions, endorsed with the names of Members,
    Delegates, or the Resident Commissioner introducing them, may be
    delivered to the Speaker to be referred. The titles and references of
    all bills, memorials, petitions, resolutions, and other documents
    referred under this rule shall be entered on the Journal and printed in
    the Congressional Record. An erroneous reference may be corrected by the
    House in accordance with rule X on any day immediately after the Pledge
    of Allegiance to the Flag by unanimous consent or motion. Such a motion
    shall be privileged if offered by direction of a committee to which the
    bill has been erroneously referred or by direction of a committee
    claiming jurisdiction and shall be decided without debate.
      (b)(1) The primary sponsor of a public bill or public resolution may
    name cosponsors. The name of a cosponsor added after the initial
    printing of a bill or resolution shall appear in the next printing of
    the bill or resolution on the written request of the primary sponsor.
    Such a request may be submitted to the Speaker at any time until the
    last committee authorized to consider and report the bill or resolution
    reports it to the House or is discharged from its consideration.

    [[Page [599]]]

      (2) The name of a cosponsor of a bill or resolution may be deleted by
    unanimous consent. The Speaker may entertain such a request only by the
    Member, Delegate, or Resident Commissioner whose name is to be deleted
    or by the primary sponsor of the bill or resolution, and only until the
    last committee authorized to consider and report the bill or resolution
    reports it to the House or is discharged from its consideration. The
    Speaker may not entertain a request to delete the name of the primary
    sponsor of a bill or resolution. A deletion shall be indicated by date
    in the next printing of the bill or resolution.
      (3) The addition or deletion of the name of a cosponsor of a bill or
    resolution shall be entered on the Journal and printed in the
    Congressional Record of that day.
      (4) A bill or resolution shall be reprinted on the written request of
    the primary sponsor. Such a request may be submitted to the Speaker only
    when 20 or more cosponsors have been added since the last printing of
    the bill or resolution.

      The rule of 1789 provided that all bills should be introduced on
    report of a committee or by motion for leave. By various modifications
    it was first provided that all classes of private bills should be
    introduced by filing them with the Clerk, and in 1890 this system was by
    this rule extended to all public bills (IV, 3365). In the 105th and
    107th Congresses paragraph (a) was amended to effect technical
    corrections (H. Res. 5, Jan. 7, 1997, p. 121; sec. 2(x), H. Res. 5, Jan.
    3, 2001, p. ----). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 4 of rule XXII (H.
    Res. 5, Jan. 6, 1999, p. ----).
      At its organization for the 106th Congress the House adopted an order
    of the House that the first 10 bill numbers be reserved for assignment
    by the Speaker during a specified period (sec. 2(g), H. Res. 5, Jan. 6,
    1999, p. ----). In the 107th and 108th Congresses the House adopted the
    same order, but extended the applicable time to the entire first session
    (sec.

    [[Page [600]]]

    3(d), H. Res. 5, Jan. 3, 2001, p. ----; sec. 3(c), H. Res. 5, Jan. 7,
    2003, p. ----).
      The motion for a change of reference and subsidiary motions take
    precedence over motions to go into the Committee of the Whole for the
    consideration of appropriation bills and the consideration of conference
    reports (VII, 2124), and may not be debated (VII, 2126-2128). But the
    motion is not in order on Calendar Wednesday (VII, 2117), and is not
    privileged under the rule if the original reference was not erroneous
    (VII, 2125). The motion may be amended, but the amendment, like the
    original motion, is subject to the requirement that it be authorized by
    the committee (VII, 2127). The motion must apply to a single bill and
    not to a class of bills (VII, 2125).
      According to the later practice the erroneous reference of a public
    bill, if it remain uncorrected, in effect gives jurisdiction to the
    committee receiving it (IV, 4365-4371; VII, 1489, 2108-2113; VIII,
    2312). And it is too late to move a change of reference after such
    committee has reported the bill (VII, 2110; VIII, 2312), but the Speaker
    may, pursuant to authority granted him by clause 2 (former clause 5 of
    rule X) effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974,
    p. 34470), refer a bill sequentially to other committees. All bills and
    resolutions must be signed by the primary sponsor thereof (Speaker
    Albert, Feb. 3, 1972, p. 2521).
      Joint sponsorship of public bills by not more than 25 Members was
    authorized in the 90th Congress (H. Res. 42, Apr. 25, 1967, p. 10712).
    Prior thereto a special committee had reported against this practice and
    the report had been adopted by the House (VII, 1029). Effective January
    3, 1979 (H. Res. 86, 95th Cong., Oct. 10, 1978, p. 34929), paragraph (b)
    was added to allow unlimited cosponsorship and to provide a mechanism
    for Members to add their names as cosponsors to bills or resolutions
    which have already been introduced, up until the bill is finally
    reported from committee, and on January 15, 1979, the Speaker announced
    his directive for the processing of lists of cosponsors pursuant to the
    new clause (Speaker O'Neill, Jan. 15, 1979, p. 19).
      Although, prior to the 106th Congress, paragraph (b)(2) only permitted
    a cosponsoring Member himself to request unanimous consent for his
    deletion as a cosponsor, the primary sponsor of a measure was permitted
    to request unanimous consent to delete from the permanent Record the
    name of a cosponsor he had inadvertently or erroneously listed (Feb. 9,
    1982). This practice was codified in the 106th Congress (H. Res. 5, Jan.
    6, 1999, p. ----). Unanimous-consent requests to delete Members' names
    as cosponsors are not entertained after the last committee authorized to
    consider the bill has reported to the House (or has been discharged from
    further consideration) (Oct. 8, 1985, p. 26668; Feb. 10, 2000, p. ----),
    and the Speaker has vacated unanimous-consent orders of the House to
    delete cosponsors when advised that the bill had already been reported
    (Aug. 5, 1987, p. 22458). A Member may request unanimous consent that
    his name be deleted as a cosponsor of an unreported bill during its
    consideration

    [[Page [601]]]

    under suspension of the rules and prior to a final vote thereon (June 9,
    1986, p. 12979).
      By unanimous consent a Member may add his own name as a cosponsor of
    an unreported bill where the primary sponsor is no longer a Member of
    the House (Aug. 4, 1983, p. 23188), and a designated Member may be
    authorized to sign and submit lists of additional cosponsors where the
    actual primary sponsor is no longer a Member (June 23, 1989, p. 13271;
    Apr. 5, 2000, p. ----; June 20, 2001, p. ----), but the Chair will not
    otherwise entertain a request to add cosponsors by a Member other than
    the primary sponsor (Mar. 5, 1991, p. 5026). In fact, the Chair will not
    entertain any unanimous consent request to add a cosponsor (July 24,
    2000, p. ----), whether such request includes only the Member making the
    request (Oct. 25, 1995, p. 29352), includes all Members (Dec. 18, 1985,
    p. 37765), or includes a specified additional sponsor (Jan. 28, 1985, p.
    1141; May 23, 1985, p. 13421). Such requests must be made by a primary
    sponsor through the hopper not later than the last day on which any
    committee is authorized to consider and report the measure to the House
    (Nov. 4, 1997, p. ----).
      An order of the House that no organizational or legislative business
    be conducted on certain days (first by provision of a concurrent
    resolution, but extended by unanimous consent) was considered not to
    deprive Members of the privilege of introducing bills and resolutions
    during pro forma sessions on those days, such measures being numbered on
    the day introduced but not noted in the Record or referred to committee
    until the day on which business was resumed (H. Con. Res. 260, 102d
    Cong., Nov. 26, 1991, p. 35840; Jan. 22 and 28, 1992, pp. 149, 745).
      At its organization for the 104th Congress the House resolved that
    each of the first 20 bills and each of the first two joint resolutions
    introduced in the House in that Congress could have more than one Member
    reflected as a primary sponsor (sec. 223(g), H. Res. 6, Jan. 4, 1995, p.
    469); and the Speaker stated that all signatures of ``primary'' sponsors
    would be required on the bills (Speaker Gingrich, Jan. 4, 1995, p. 551).
    A Member was subsequently added as a ``primary'' sponsor by unanimous
    consent (Jan. 18, 1995, p. 1447).

      (5) <> When a bill or resolution is introduced ``by request,''
    those words shall be entered on the Journal and printed in the
    Congressional Record.

      This provision was adopted in 1888 (IV, 3366). Before the House
    recodified its rules in the 106th Congress, it was found in former
    clause 6 of rule XXII (H. Res. 5, Jan. 6, 1999, p. ----). It has never
    been the practice of the House to permit the names of the persons
    requesting the introduction of the bill to be printed in the Record.

    [[Page [602]]]

    Executive communications
      8. Estimates <> of appropriations and all other
    communications from the executive departments intended for the
    consideration of any committees of the House shall be addressed to the
    Speaker for referral as provided in clause 2 of rule XIV.

      This rule was adopted in 1867 and amended in 1880 (V, 6593). It was
    renumbered January 3, 1953 (p. 24). Before the House recodified its
    rules in the 106th Congress, this provision was found in former rule XL
    (H. Res. 5, Jan. 6, 1999, p. ----). Formerly estimates of appropriations
    were transmitted through the Secretary of the Treasury (IV, 3573-3576,
    4045), but under the Budget Act they are transmitted by the President.

    [DOCID:hd284-111]
                                    Rule XIII

    [DOCID:hd284-112]
                         calendars and committee reports

    Calendars
      1. (a) <> All
    business reported by committees shall be referred to one of the
    following three calendars:
          (1) A Calendar of the Committee of the Whole House on the state of
    the Union, to which shall be referred public bills and public
    resolutions raising revenue, involving a tax or charge on the people,
    directly or indirectly making appropriations of money or property or
    requiring such appropriations to be made, authorizing payments out of
    appropriations already made, releasing any liability to the United
    States for money or property, or referring a claim to the Court of
    Claims.
          (2) A House Calendar, to which shall be referred all public bills
    and public resolutions

    [[Page [603]]]

    not requiring referral to the Calendar of the Committee of the Whole
    House on the state of the Union.
          (3) A Private Calendar as provided in clause 5 of rule XV, to
    which shall be referred all private bills and private resolutions.

      This provision was adopted in 1880 and amended in 1911 (VI, 742); but
    as early as 1820 a rule was adopted creating calendars for the
    Committees of the Whole. Clerical and stylistic changes were effected
    when the House recodified its rules in the 106th Congress (H. Res. 5,
    Jan. 6, 1999, p. ----), including a change in subparagraph (3) from the
    ``Calendar of the Committee of the Whole House'' to the ``Private
    Calendar.'' Bills not requiring consideration in Committee of the Whole
    were considered when reported, but in 1880 the House Calendar was
    created to remedy the delays in making reports caused by such
    consideration (IV, 3115). Reference of bills to calendars is governed by
    text of bills as referred to committees and amendments reported by
    committees are not considered (VIII, 2392).
      A motion to correct an error in referring a bill to the proper
    calendar presents a question of privilege (III, 2614, 2615); but a mere
    clerical error in the calendar does not give rise to such question (III,
    2616). A bill improperly reported is not entitled to a place on the
    calendar (IV, 3117).
      A bill on the wrong calendar may be transferred to the proper calendar
    as of date of original reference by direction of the Speaker (VI, 744-
    748; VII, 859, 2406; Dec. 7, 1950, p. 16307; Apr. 26, 1984, p. 10242;
    Sept. 10, 1990, p. 23677). But the Speaker has no authority to change
    calendar reference made by the House (VI, 749; VII, 859). Reports from
    the Court of Claims do not remain on the calendar from Congress to
    Congress, even when a law seems so to provide (IV, 3298-3302). In
    determining whether a bill should be placed on the House or Union
    Calendar, clause 3 of rule XVIII should be consulted. The Speaker may
    correct the erroneous referral of a bill as private by referring it to
    the appropriate (Union) calendar as a public bill when reported (June 1,
    1988, p. 13184).
      Although the Speaker has no general authority to remove a reported
    bill from the Union Calendar (other than to correct the erroneous
    reference of a reported bill between calendars), he may discharge a bill
    therefrom for reference to another committee when required (1) by
    section 401(b) of the Congressional Budget Act of 1974, permitting 15-
    day referral to the Committee on Appropriations of reported bills
    providing new entitlement authority in excess of that allocated to the
    reporting committee in connection with the most recently agreed-to
    concurrent resolution on the budget (Speaker O'Neill, Sept. 8, 1977, p.
    28153), or (2) by clause 2 of rule XII (former clause 5 of rule X),
    authorizing and directing the Speaker to assure that each committee has
    responsibility to consider legislation

    [[Page [604]]]

    within its jurisdiction by fashioning sequential referrals where
    appropriate (Speaker O'Neill, Apr. 27, 1978, p. 11742; June 19, 1986, p.
    14741).

      (b) There <> is established a
    Corrections Calendar as provided in clause 6 of rule XV.
      (c) <> There is established a
    Calendar of Motions to Discharge Committees as provided in clause 2 of
    rule XV.

      Paragraph (b) was added when the House recodified its rules in the
    106th Congress to provide a cross reference to the ``Corrections
    Calendar'' in rule XV (H. Res. 5, Jan. 6, 1999, p. ----). Before the
    House recodified its rules in the 106th Congress, paragraph (c) was
    found in former clause 5 of rule XIII (H. Res. 5, Jan. 6, 1999, p. ----
    ).

    Filing and printing of reports
      2. (a)(1) <> Except as provided in subparagraph (2), all reports of
    committees (other than those filed from the floor as privileged) shall
    be delivered to the Clerk for printing and reference to the proper
    calendar under the direction of the Speaker in accordance with clause 1.
    The title or subject of each report shall be entered on the Journal and
    printed in the Congressional Record.
      (2) <> A bill or resolution reported
    adversely shall be laid on the table unless a committee to which the
    bill or resolution was referred requests at the time of the report its
    referral to an appropriate calendar under clause 1 or unless, within
    three days thereafter, a Member, Delegate, or Resident Commissioner
    makes such a request.

      A technical amendment was effected by the 93d Congress (H. Res. 988,
    Oct. 8, 1974, p. 34470). Clerical and stylistic changes were effected
    when the House recodified its rules in the 106th Congress (H. Res. 5,
    Jan. 6, 1999, p. ----).

    [[Page [605]]]

      A resolution of inquiry is referred to the House Calendar even when
    reported adversely (VI, 411).
      When <> the House codified its rules in the 106th
    Congress, it deleted the portion of clause 2 of rule XVIII that required
    the printing of reports. That provision was redundant because this
    provision carries the same requirement (H. Res. 5, Jan. 6, 1999, p. ----
    ). Former clause 2 of rule XVIII was adopted in 1880 (V, 5647).
      The House insists on its requirement that all reports must be in
    writing (IV, 4655) and does not receive verbal reports as to bills (IV,
    4654). But the sufficiency of a report is passed on by the House and not
    by the Speaker (II, 1339; IV, 4653). A report is not necessarily signed
    by all those concurring (II, 1274) or even by any of those concurring,
    but minority, supplemental, and additional views are signed by those
    submitting them (IV, 4671; VIII, 2229; see clause 2(l)(5) of rule XI).
    Under this rule, the printing requirement is not a condition precedent
    to consideration of the matter reported (VIII, 2307-2309), but see
    clause 4(c) of rule XIII, which states that no general appropriation
    bill shall be considered until printed hearings and report thereon have
    been available for three calendar days, and clause 2 of rule XIII,
    pertaining to the consideration of matters reported by committees, and
    clause 8 of rule XXII, pertaining to the requirement that conference
    reports and amendments reported in disagreement from conference be
    available before consideration.
      Under clause 4(a) of rule XIII, a measure or matter may not be called
    up for consideration until the third calendar day (excluding Saturdays,
    Sundays, and legal holidays) on which the report thereon has been
    available to the Members of the House, and printed hearings on
    appropriation bills must be available for the same time period. Expense
    resolutions reported from the Committee on House Administration have a
    one-day layover under clause 6 of rule X; and reports from the Committee
    on Rules may be called up on the same legislative day filed subject to
    the two-thirds vote for consideration requirement of clause 6 of rule
    XIII, except that reports from the Committee on Rules merely waiving the
    three-day availability requirement may be immediately considered and do
    not require a two-thirds vote for consideration. A supplemental report
    to correct a technical error in a committee report may be filed without
    the consent of the House (clause 3(a)(2) of rule XIII) and are not
    subject to the availability requirement when only correcting errors in
    the depiction of record votes (see Sec. 838, infra).
      Unless filed with the report, minority, supplemental or additional
    views may be presented only with the consent of the House (IV, 4600;
    VIII, 2231, 2248). See clause 2(c) of rule XIII for the procedure by
    which such views may be filed as part of the committee report.
      It has been held that the fact that a report was not printed by the
    Public Printer as originally made to the House does not prevent the
    consideration

    [[Page [606]]]

    of the matter reported (VIII, 2307). A committee may not file its report
    on a bill after the House has passed the bill (Sept. 30, 1985, p.
    25270).

      (b)(1) <> It shall be the duty of
    the chairman of each committee to report or cause to be reported
    promptly to the House a measure or matter approved by the committee and
    to take or cause to be taken steps necessary to bring the measure or
    matter to a vote.
      (2) <> In any event,
    the report of a committee on a measure that has been approved by the
    committee shall be filed within seven calendar days (exclusive of days
    on which the House is not in session) after the day on which a written
    request for the filing of the report, signed by a majority of the
    members of the committee, has been filed with the clerk of the
    committee. The clerk of the committee shall immediately notify the
    chairman of the filing of such a request. This subparagraph does not
    apply to a report of the Committee on Rules with respect to a rule,
    joint rule, or order of business of the House, or to the reporting of a
    resolution of inquiry addressed to the head of an executive department.

      Subparagraph (1) (former clause 2(l)(1)(A) of rule XI) is derived from
    section 133(c) of the Legislative Reorganization Act of 1946 (60 Stat.
    812) and was made a part of the standing rules on January 3, 1953 (p.
    24). It is sufficient authority for the chairman to call up a bill on
    Calendar Wednesday (Speaker Rayburn, Feb. 22, 1950, p. 2162).
    Subparagraph (2) (former clause 2(l)(1)(B) of rule XI) is derived from
    section 105 of the Legislative Reorganization Act of 1970 (84 Stat.
    1140) and was made part of the rules in the 92d Congress (H. Res. 5,
    Jan. 22, 1971, p. 144). Former clause 2(l)(1)(C) of rule XI was added by
    the Committee Reform Amendments of 1974, effective January 3, 1975 (H.
    Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), to incorporate section 307
    of the Congressional Budget

    [[Page [607]]]

    Act of 1974 (88 Stat. 313), requiring the Committee on Appropriations to
    strive to complete committee action on all regular appropriation bills
    before reporting any of them to the House, and to submit a report
    comparing specified spending levels, but was repealed by section 232(e)
    of the Balanced Budget and Emergency Deficit Control Act of 1985 (P.L.
    99-177). An obsolete reference in former subdivision (B) to the former
    subdivision (C) was deleted in the 104th Congress (sec. 223(f), H. Res.
    6, Jan. 4, 1995, p. 469). Before the House recodified its rules in the
    106th Congress, this provision was found in former clause 2(l)(1) of
    rule XI (H. Res. 5, Jan. 6, 1999, p. ----).
      Absent a special order of the House, committee reports must be
    submitted while the House is in session, except for committees that
    honor the guarantee of clause 2(c) of rule XIII for composing separate
    views (see Sec. 836, infra) (Dec. 17, 1982, p. 31951).

      (c) <> All supplemental,
    minority, or additional views filed under clause 2(l) of rule XI by one
    or more members of a committee shall be included in, and shall be a part
    of, the report filed by the committee with respect to a measure or
    matter. When time guaranteed by clause 2(l) of rule XI has expired (or,
    if sooner, when all separate views have been received), the committee
    may arrange to file its report with the Clerk not later than one hour
    after the expiration of such time. This clause and provisions of clause
    2(l) of rule XI do not preclude the immediate filing or printing of a
    committee report in the absence of a timely request for the opportunity
    to file supplemental, minority, or additional views as provided in
    clause 2(l) of rule XI.

      The first sentence of this paragraph was originally included in
    section 107 of the Legislative Reorganization Act of 1970 (84 Stat.
    1140) and was made a part of the rules in the 92d Congress (H. Res. 5,
    Jan. 22, 1971, p. 144). The remainder of the paragraph (establishing
    standing authority for committees to file reports with the Clerk after
    honoring the guarantee of the rule) was adopted in the 105th Congress
    (H. Res. 5, Jan. 7, 1997, p. 121). Before the House recodified its rules
    in the 106th Congress, this

    [[Page [608]]]

    provision was found in former clause 2(l)(5) of rule XI (H. Res. 5, Jan.
    6, 1999, p. ----).

    Content of reports
      3. (a)(1) <> Except as provided in
    subparagraph (2), the report of a committee on a measure or matter shall
    be printed in a single volume that--
          (A) shall include all supplemental, minority, or additional views
    that have been submitted by the time of the filing of the report; and
          (B) shall bear on its cover a recital that any such supplemental,
    minority, or additional views (and any material submitted under
    paragraph (c)(3)) are included as part of the report.
      (2) <> A committee may file a
    supplemental report for the correction of a technical error in its
    previous report on a measure or matter. A supplemental report only
    correcting errors in the depiction of record votes under paragraph (b)
    may be filed under this subparagraph and shall not be subject to the
    requirement in clause 4 concerning the availability of reports.

      Clause 3 (former clause 2(l)(5) of rule XI) was originally included in
    section 107 of the Legislative Reorganization Act of 1970 (84 Stat.
    1140) and was incorporated into the rules in the 92d Congress (H. Res.
    5, Jan. 22, 1971, p. 144). This paragraph permits the filing of a
    supplemental report to correct a technical error in a previous report. A
    supplemental report filed under this clause is subject to the three-day
    availability under clause 4 of this rule (Deschler, ch. 17, Sec. 64.1).
    Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 2(l)(5) of rule XI, and the former
    companion provision of clause 2(l)(5) of rule XI entitling members to
    supplemental, minority, or additional views was transferred to new
    clause 2(l) of rule XI (H. Res. 5, Jan. 6, 1999, p. ----). The last
    sentence of subparagraph (2) was added in the 107th

    [[Page [609]]]

    Congress (sec. 2(k), H. Res. 5, Jan. 3, 2001, p. ----). A technical
    correction to subparagraph (1)(B) was effected in the 108th Congress
    (sec. 2(u), H. Res. 5, Jan. 7, 2003, p. ----).
      (b) <> With respect to each record
    vote on a motion to report a measure or matter of a public nature, and
    on any amendment offered to the measure or matter, the total number of
    votes cast for and against, and the names of members voting for and
    against, shall be included in the committee report. The preceding
    sentence does not apply to votes taken in executive session by the
    Committee on Standards of Official Conduct.

      The requirement of subparagraph (b) (former clause 2(l)(2)(B) of rule
    XI) was contained in section 104(b) of the Legislative Reorganization
    Act of 1970 (84 Stat. 1140), was incorporated into the rules in the 92d
    Congress (H. Res. 5, Jan. 22, 1971, p. 144), and was restated in the
    104th Congress to require that reports also reflect the total number of
    votes cast for and against any public measure or matter and any
    amendment thereto and the names of those voting for and against (sec.
    209, H. Res. 6, Jan. 4, 1995, p. 468). The last sentence was adopted in
    the 105th Congress (sec. 8, H. Res. 168, Sept. 18, 1997, p. ----).
    Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 2(l)(2)(B) of rule XI (H. Res. 5,
    Jan. 6, 1999, p. ----). If the accompanying report erroneously reflects
    information required by this paragraph, a bill would be subject to a
    point of order against its consideration, unless corrected pursuant to
    clause 3(a)(2) by a supplemental report; however, a point of order would
    not lie if the error was introduced by the Government Printing Office
    (Jan. 19, 1995, p. 1613).

      (c) <> The report of a committee
    on a measure that has been approved by the committee shall include,
    separately set out and clearly identified, the following:
          (1) Oversight findings and recommendations under clause 2(b)(1) of
    rule X.
          (2) The statement required by section 308(a) of the Congressional
    Budget Act of 1974, ex

    [[Page [610]]]

    cept that an estimate of new budget authority shall include, when
    practicable, a comparison of the total estimated funding level for the
    relevant programs to the appropriate levels under current law.
          (3) An estimate and comparison prepared by the Director of the
    Congressional Budget Office under section 402 of the Congressional
    Budget Act of 1974 if timely submitted to the committee before the
    filing of the report.
          (4) A statement of general performance goals and objectives,
    including outcome-related goals and objectives, for which the measure
    authorizes funding.

      This provision (former clause 2(l)(3) of rule XI) became effective
    January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). It was
    amended in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), to
    correct a cross-reference, and in the 103d Congress (H. Res. 5, Jan. 5,
    1993, p. 49) to correct the typographical transposition of a phrase.
    Subparagraphs (2) and (3) (former clauses 2(l)(3)(B) and 2(l)(3)(C) of
    rule XI) are requirements of sections 308(a) and 402 of the
    Congressional Budget Act of 1974 (88 Stat. 297). Subparagraph (2)
    (former clause 2(l)(3)(B) of rule XI) was amended in the 99th Congress
    by section 232(f) of the Balanced Budget and Emergency Deficit Control
    Act of 1985 (P.L. 99-177) to include new entitlement and credit
    authority in conformity with section 308(a)(1) of the Congressional
    Budget Act of 1974, as amended by that law. It was again amended in the
    104th Congress to require estimates of new budget authority, when
    practicable, to compare the total estimated funding for the program to
    the appropriate level under current law (sec. 102(a), H. Res. 6, Jan. 4,
    1995, p. 462). In the 104th and 106th Congresses, it was amended to
    conform references to a renamed committee (sec. 202(b), H. Res. 6, Jan.
    4, 1995, p. 467; H. Res. 5, Jan. 6, 1999, p. ----). This provision was
    amended in the 105th Congress to reflect the repeal of the collective
    definition of ``new spending authority'' and the revision of various
    remaining parts and to effect a technical and conforming change (Budget
    Enforcement Act of 1997 (sec. 10116, P.L. 105-33)). Subparagraph (4) was
    amended to replace a requirement that committees include in their
    reports oversight findings and recommendations by the Committee on
    Government Reform with a requirement that they include a statement of
    performance goals and objectives (sec. 2(l), H. Res. 5, Jan. 3, 2001, p.
    ----).

    [[Page [611]]]

      (d) <> Each report of a
    committee on a public bill or public joint resolution shall contain the
    following:
          (1) A statement citing the specific powers granted to Congress in
    the Constitution to enact the law proposed by the bill or joint
    resolution.

      This reporting requirement subsequently replaced former clause 2(l)(4)
    of rule XI, which became a part of the rules under the Committee Reform
    Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470). In its original form the provision required an
    analytical statement of inflationary impact, but in the 105th Congress
    it was converted to require a statement of constitutional authority (H.
    Res. 5, Jan. 7, 1997, p. 121). If a point of order were sustained under
    this subparagraph, the measure would be ``recommitted'' to await
    possible return to the Calendar by the filing of a supplemental report
    pursuant to clause 3(a)(2) correcting the technical error (Feb. 13,
    1995, p. 4591).
      Under <> the Congressional Accountability Act of 1995, each report
    accompanying a bill or joint resolution relating to terms and conditions
    of employment or access to public services or accommodations must
    describe the manner in which the provisions apply to the legislative
    branch or a statement of the reasons the provisions do not apply; and
    any Member may raise a point of order against the consideration of a
    bill or joint resolution not complying with this requirement, which may
    be waived in the House by majority vote (sec. 102(b)(3), P.L. 104-1; 109
    Stat. 6).
      The <> Unfunded Mandates Reform
    Act of 1995 (P.L. 104-4; 109 Stat. 48) added a new part B to title IV of
    the Congressional Budget Act of 1974 (2 U.S.C. 658-658g) that imposes
    several requirements on committees with respect to measures effecting
    ``Federal mandates'' (secs. 423-424; 2 U.S.C. 658b-c) and establishes
    points of order to permit separate votes on whether to enforce those
    requirements (sec. 425; 2 U.S.C. 658d). See Sec. 1127, infra.

          (2)(A) <> An estimate by the
    committee of the costs that would be incurred in carrying out the bill
    or joint resolution in the fiscal year in which it is reported and in
    each of the five fiscal years following that fiscal year (or for the
    authorized duration

    [[Page [612]]]

    of any program authorized by the bill or joint resolution if less than
    five years);
          (B) a comparison of the estimate of costs described in subdivision
    (A) made by the committee with any estimate of such costs made by a
    Government agency and submitted to such committee; and
          (C) when practicable, a comparison of the total estimated funding
    level for the relevant programs with the appropriate levels under
    current law.
          (3)(A) In subparagraph (2) the term ``Government agency'' includes
    any department, agency, establishment, wholly owned Government
    corporation, or instrumentality of the Federal Government or the
    government of the District of Columbia.
          (B) Subparagraph (2) does not apply to the Committee on
    Appropriations, the Committee on House Administration, the Committee on
    Rules, or the Committee on Standards of Official Conduct, and does not
    apply when a cost estimate and comparison prepared by the Director of
    the Congressional Budget Office under section 402 of the Congressional
    Budget Act of 1974 has been included in the report under paragraph
    (c)(3).

      This provision was adopted in the 92d Congress (H. Res. 5, Jan. 22,
    1971, p. 144) as part of the implementation of section 252(b) of the
    Legislative Reorganization Act of 1970 (84 Stat. 1140) and was amended
    in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70) to remove
    references to the Joint Committee on Atomic Energy. Subparagraph (3)(B)
    (former clause 7(d)) was amended in the 97th Congress (H. Res. 5, Jan.
    5, 1981, pp. 98-113) to render committee cost estimates optional where
    an estimate by the Congressional Budget Office is included in the
    report. It was amend

    [[Page [613]]]

    ed by the Budget Enforcement Act of 1990 (2 U.S.C. 900 note) to require
    five-year estimates of revenue changes in legislative reports. In the
    104th Congress it was amended to require estimates of new budget
    authority, when practicable, to compare the total estimated funding for
    the program to the appropriate level under current law (sec. 102(b), H.
    Res. 6, Jan. 4, 1995, p. 462). In the 104th and 106th Congresses
    subparagraph (3)(B) (former clause 7(d)) was amended to conform
    references to a renamed committee (sec. 202(b), H. Res. 6, Jan. 4, 1995,
    p. 467; H. Res. 5, Jan. 6, 1999, p. ----). In the 105th Congress it was
    again amended to effect a technical change (Budget Enforcement Act of
    1997 (sec. 10116, P.L. 105-33)). Before the House recodified its rules
    in the 106th Congress, this provision was found in former clause 7 of
    this rule (H. Res. 5, Jan. 6, 1999, p. ----).
      A committee cost estimate identifying certain spending authority as
    recurring annually and indefinitely was held necessarily to address the
    five-year period required by section 308 of the Congressional Budget Act
    of 1974 (Nov. 20, 1993, p. 31354).
      The <> Unfunded Mandates Reform
    Act of 1995 (P.L. 104-4; 109 Stat. 48) added a new part B to title IV of
    the Congressional Budget Act of 1974 (2 U.S.C. 658-658b-c) that imposes
    several requirements on the Director of the Congressional Budget Office
    and on committees of the House with respect to measures effecting
    ``Federal mandates'' (secs. 423-424; 2 U.S.C. 658b-c) and establishes
    points of order to permit separate votes on whether to enforce those
    requirements (sec. 425; 2 U.S.C. 658d). See Sec. 1127, infra, and
    Sec. 843, supra.

      (e)(1) <> Whenever a committee
    reports a bill or joint resolution proposing to repeal or amend a
    statute or part thereof, it shall include in its report or in an
    accompanying document--
          (A) the text of a statute or part thereof that is proposed to be
    repealed; and
          (B) a comparative print of any part of the bill or joint
    resolution proposing to amend the statute and of the statute or part
    thereof proposed to be amended, showing by appropriate typographical
    devices the omissions and insertions proposed.
      (2) If a committee reports a bill or joint resolution proposing to
    repeal or amend a statute or

    [[Page [614]]]

    part thereof with a recommendation that the bill or joint resolution be
    amended, the comparative print required by subparagraph (1) shall
    reflect the changes in existing law proposed to be made by the bill or
    joint resolution as proposed to be amended.

      The first part of this paragraph (former clause 3) was adopted January
    28, 1929 (VIII, 2234), was redesignated January 3, 1953 (p. 24), and the
    subparagraph (2) (former proviso in clause 3(2)) was added September 22,
    1961 (p. 20823). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 3 of this rule (H.
    Res. 5, Jan. 6, 1999, p. ----).
      Technical failure of a committee report to comply with the
    ``Ramseyer'' rule may be remedied by a supplemental report (VIII, 2247).
    While the filing of such a corrective report formerly required the
    consent of the House (VIII, 2248), it may now be filed with the Clerk
    pursuant to clause 3(a)(2). Reports held to violate the rule because
    they are not susceptible to correction by the filing of a supplemental
    report under clause 3(a)(2), as in the case of a substantial violation,
    are automatically recommitted to the respective committees reporting
    them (VIII, 2237, 2245, 2250). When a bill is so recommitted, further
    proceedings are de novo and the bill is considered again and reported by
    the committee as if no previous report had been made (VIII, 2249).
      Although a bill proposes but one minor and obvious change in existing
    law, the failure of the report to indicate the change is in violation of
    the rule (VIII, 2236). The statute proposed to be amended must be quoted
    in the report and it is not sufficient that it is incorporated in the
    bill (VIII, 2238). Under the rule the committee report on a bill
    amending existing law by the addition of a proviso should quote in full
    the section immediately preceding the proposed amendment (VIII, 2237).
    The rule applies to appropriation bills where such bills include
    legislative provisions (VIII, 2241) and reports on appropriation bills
    are also subject to the requirements of clause 3(f) of rule XIII,
    requiring a concise statement of the effect of any direct or indirect
    changes in the application of existing law. In order to fall within the
    purview of the rule the bill must seek to repeal or amend specifically
    an existing law (VIII, 2235, 2239, 2240).
      Special orders providing for consideration of bills, unless
    specifically waiving points of order, do not preclude the point of order
    that reports on such bills fail to indicate proposed changes in existing
    law (VIII, 2245). The point of order that a report fails to comply with
    the rule is properly made when the bill is called up in the House and
    comes too late after the House has resolved into the Committee of the
    Whole for its consideration (VIII, 2243-2245).

    [[Page [615]]]

      Where the comparative print contained certain errors in punctuation
    and capitalization and utilized abbreviations not appearing in existing
    provisions of law, the Speaker held that the committee report was in
    substantial compliance with the rule and overruled a point of order
    against the report (Deschler, ch. 17, Sec. Sec. 60.13, 60.14).

      (f)(1) <> A report of the Committee on Appropriations on a general
    appropriation bill shall include--
          (A) a concise statement describing the effect of any provision of
    the accompanying bill that directly or indirectly changes the
    application of existing law; and
          (B) a list of all appropriations contained in the bill for
    expenditures not currently authorized by law for the period concerned
    (excepting classified intelligence or national security programs,
    projects, or activities), along with a statement of the last year for
    which such expenditures were authorized, the level of expenditures
    authorized for that year, the actual level of expenditures for that
    year, and the level of appropriations in the bill for such expenditures.

      This provision (former clause 3 of rule XXI) became a part of the
    rules under the Committee Reform Amendments of 1974, effective January
    3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). This provision
    was amended on January 14, 1975 (H. Res. 5, 94th Cong., p. 32) to
    confine its applicability to general appropriation bills, and again in
    the 104th Congress to add subparagraph (1)(B) concerning unauthorized
    items (sec. 215(d), H. Res. 6, Jan. 4, 1995, p. 468). Subparagraph
    (1)(B) was amended in the 107th Congress to require more detail on the
    status of unauthorized appropriations (sec. 2(m), H. Res. 5, Jan. 3,
    2001, p. ----). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 3 of rule XXI (H.
    Res. 5, Jan. 6, 1999, p. ----).

      (2) Whenever the Committee on Appropriations reports a bill or joint
    resolution including

    [[Page [616]]]

    matter specified in clause 1(b)(2) or (3) of rule X, it shall include--
          (A) in the bill or joint resolution, separate headings for
    ``Rescissions'' and ``Transfers of Unexpended Balances''; and
          (B) in the report of the committee, a separate section listing
    such rescissions and transfers.

      This provision (former clause 1(b) of rule X) was added by the
    Committee Reform Amendments of 1974 (H. Res. 988, 93d Cong., Oct. 8,
    1974, p. 34470). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 1(b) of rule X (H.
    Res. 5, Jan. 6, 1999, p. ----).

      (g) <> Whenever the Committee on
    Rules reports a resolution proposing to repeal or amend a standing rule
    of the House, it shall include in its report or in an accompanying
    document--
          (1) the text of any rule or part thereof that is proposed to be
    repealed; and
          (2) a comparative print of any part of the resolution proposing to
    amend the rule and of the rule or part thereof proposed to be amended,
    showing by appropriate typographical devices the omissions and
    insertions proposed.

      This provision (former clause 4(d) of rule XI) was added to the rules
    under the Committee Reform Amendments of 1974, effective January 3, 1975
    (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), and is similar to the
    ``Ramseyer Rule'' requirements of paragraph (e) relating to bills and
    joint resolutions repealing or amending existing law. Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 4(d) of rule XI (H. Res. 5, Jan. 6, 1999, p. ----). This
    clause is applicable to resolutions reported from the Committee on Rules
    which propose direct permanent repeal or amendment of a rule of the
    House, but does not apply to resolutions providing temporary waivers of
    rules during the consideration of particular legislative business
    (Speaker Albert, Mar. 20, 1975, p. 7676; Mar. 24, 1975, p. 8418), or to
    a special order of

    [[Page [617]]]

    business resolution providing for the consideration of a bill with
    textual modifications that would effect certain changes in House rules
    on enactment of the bill into law, but not itself repealing or amending
    any rule (May 27, 1993, p. 11597).

      (h)(1) <> It shall not be in
    order to consider a bill or joint resolution reported by the Committee
    on Ways and Means that proposes to amend the Internal Revenue Code of
    1986 unless--
          (A) the report includes a tax complexity analysis prepared by the
    Joint Committee on Internal Revenue Taxation in accordance with section
    4022(b) of the Internal Revenue Service Restructuring and Reform Act of
    1998; or
          (B) the chairman of the Committee on Ways and Means causes such a
    tax complexity analysis to be printed in the Congressional Record before
    consideration of the bill or joint resolution.

      This provision was added by the Internal Revenue Service Restructuring
    and Reform Act of 1998 as a new clause 2(l)(8) of rule XI, effective
    after January 1, 1999 (sec. 4022, P.L. 105-206). This provision was
    transferred to clause 3(h) of rule XIII when the House recodified its
    rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. ----).

      (2)(A) It shall not be in order to consider a bill or joint resolution
    reported by the Committee on Ways and Means that proposes to amend the
    Internal Revenue Code of 1986 unless--
          (i) the report includes a macroeconomic impact analysis;
          (ii) the report includes a statement from the Joint Committee on
    Internal Revenue Taxation explaining why a macroeconomic impact analysis
    is not calculable; or

    [[Page [618]]]

          (iii) the chairman of the Committee on Ways and Means causes a
    macroeconomic impact analysis to be printed in the Congressional Record
    before consideration of the bill or joint resolution.
      (B) In subdivision (A), the term `macroeconomic impact analysis'
    means--
          (i) an estimate prepared by the Joint Committee on Internal
    Revenue Taxation of the changes in economic output, employment, capital
    stock, and tax revenues expected to result from enactment of the
    proposal; and
          (ii) a statement from the Joint Committee on Internal Revenue
    Taxation identifying the critical assumptions and the source of data
    underlying that estimate.

      This requirement of a macroeconomic analysis of any tax proposal
    replaced a provision that authorized the chairman of the Committee on
    Ways and Means to request the Joint Committee on Internal Revenue
    Taxation to prepare a dynamic estimate of revenue changes proposed in a
    measure designated by the Majority Leader as major tax legislation (sec.
    2(j), H. Res. 5, Jan. 7, 2003, p. ----). The former provision was added
    in the 105th Congress (H. Res. 5, Jan. 7, 1997, p. 121); but, before the
    House recodified its rules in the 106th Congress, it was found in former
    clause 7(e) of rule XIII (H. Res. 5, Jan. 6, 1999, p. ----).

    Availability of reports-
      4. (a)(1) <> Except as specified in
    subparagraph (2), it shall not be in order to consider in the House a
    measure or matter reported by a committee until the third calendar day
    (excluding Saturdays, Sundays, or legal holidays except when the House
    is in session on such a day) on which each report of a committee on that
    measure or matter has been

    [[Page [619]]]

    available to Members, Delegates, and the Resident Commissioner.
      (2) Subparagraph (1) does not apply to--
          (A) a resolution providing a rule, joint rule, or order of
    business reported by the Committee on Rules considered under clause 6;
          (B) a resolution providing amounts from the applicable accounts
    described in clause 1(i)(1) of rule X reported by the Committee on House
    Administration considered under clause 6 of rule X;
          (C) a bill called from the Corrections Calendar under clause 6 of
    rule XV;
          (D) a resolution presenting a question of the privileges of the
    House reported by any committee;
          (E) a measure for the declaration of war, or the declaration of a
    national emergency, by Congress; and
          (F) a measure providing for the disapproval of a decision,
    determination, or action by a Government agency that would become, or
    continue to be, effective unless disapproved or otherwise invalidated by
    one or both Houses of Congress. In this subdivision the term
    ``Government agency'' includes any department, agency, establishment,
    wholly owned Government corporation, or instrumentality of the Federal
    Government or of the government of the District of Columbia.
      (b) A committee that reports a measure or matter shall make every
    reasonable effort to have its hearings thereon (if any) printed and

    [[Page [620]]]

    available for distribution to Members, Delegates, and the Resident
    Commissioner before the consideration of the measure or matter in the
    House.

      This provision (former clause 2(l)(6) of rule XI) was originally
    contained in section 108 of the Legislative Reorganization Act of 1970
    (84 Stat. 1140) and was incorporated into the rules in the 92d Congress
    (H. Res. 5, Jan. 22, 1971, p. 144). It was amended in the 94th Congress
    (H. Res. 5, Jan. 14, 1975, p. 20), in the 95th Congress (H. Res. 5, Jan.
    4, 1977, pp. 53-70), and in the 96th Congress (H. Res. 5, Jan. 15, 1979,
    p. 8). In the 102d Congress it was amended to clarify the availability
    requirements for reported measures, including concurrent resolutions on
    the budget (H. Res. 5, Jan. 3, 1991, p. 39). It was amended in the 104th
    Congress to count as a ``calendar day'' any day on which the House is in
    session (H. Res. 254, Nov. 30, 1995, p. 35077), and again in the 105th
    Congress to achieve like treatment in the case of a concurrent
    resolution on the budget (H. Res. 5, Jan. 7, 1997, p. 121). The rule was
    later amended in the 105th Congress to conform to a change in the
    layover requirement for a concurrent resolution on the budget (Budget
    Enforcement Act of 1997 (sec. 10109, P.L. 105-33)). In the 106th
    Congress two technical and conforming corrections were effected. The
    106th Congress also recodified the rules, transferring this provision
    from former clause 2(l)(6) of rule XI, which consisted of this provision
    and current clause 6(a)(2) of this rule (H. Res. 5, Jan. 6, 1999, p. --
    --). Subparagraph (2)(C) was added in the 107th Congress (sec. 2(n), H.
    Res. 5, Jan. 3, 2001, p. ----).
      The availability requirement is not applicable to privileged reports
    from the Committee on Rules or to bills before the House which have not
    been reported from committee (Speaker Albert, Aug. 10, 1976, p. 26793).
    The Committee on Rules has the authority under clause 5(a) of rule XIII
    (former clause 4(a) of rule XI) to report a special order making in
    order the text of an introduced bill as a substitute original text for a
    reported bill, and no point of order lies that such introduced text has
    not been available for three days under this rule, which only applies to
    the consideration of reported measures themselves (Oct. 9, 1986, p.
    29973). The exceptions from the three-day layover requirement were
    expanded in the 97th Congress (H. Res. 5, Jan. 5, 1981, p. 98) to
    include resolutions called up pursuant to legislative veto provisions in
    laws having the effect of approving or invalidating the actions of any
    government agency (and not just agencies of the executive branch). That
    exception allows the consideration of a measure disapproving an
    executive branch decision pursuant to statute within three days of the
    expiration of the congressional review period, notwithstanding the
    three-day availability requirement (concurrent resolution disapproving a
    regulation of the Federal Trade Commission pursuant to the Federal Trade
    Commission Improvements Act, P.L. 96-252) (May 26, 1982,

    [[Page [621]]]

    pp. 12027-30). A report from a committee raising a question of the
    privileges of the House, such as a report relating to the contemptuous
    conduct of a witness before the committee, may be considered
    notwithstanding the availability requirements of this clause (Speaker
    Albert, July 13, 1971, pp. 24720-23; see also VI, 48; Deschler, ch. 14,
    Sec. 7.4, fn. 10, and Oct. 8, 1998, p. ----, with respect to impeachment
    reports; and Feb. 12, 1998, p. ----, with respect to a resolution
    dismissing an election contest reported as privileged under clause
    5(a)(3) of rule XIII). Clause 3(a)(2) of rule XIII was amended in the
    107th Congress to except from the three-day layover requirement a
    supplemental report only correcting errors in the depiction of record
    votes under clause 3(b) (sec. 2(k), H. Res. 5, Jan. 3, 2001, p. ----).-
      A committee <> expense resolution
    reported by the Committee on House Administration pursuant to clause 5
    of rule XIII need only be available for one day. However, other
    resolutions reported from that committee which are privileged (such as a
    resolution authorizing the printing of material as a House document),
    but which do not constitute questions of the privileges of the House,
    are subject to this clause (Speaker Albert, Mar. 6, 1975, p. 5537).

      (c) <> A general appropriation bill reported by the Committee on
    Appropriations may not be considered in the House until the third
    calendar day (excluding Saturdays, Sundays, and legal holidays except
    when the House is in session on such a day) on which printed hearings of
    the Committee on Appropriations thereon have been available to Members,
    Delegates, and the Resident Commissioner.

      This provision from section 139(a) of the Legislative Reorganization
    Act of 1946 was made a part of the standing rules January 3, 1953 (p.
    24), and was amended (by the addition of the parenthetical clause) on
    January 22, 1971 (p. 144). In the 104th Congress it was amended to count
    as a ``calendar day'' any day on which the House is in session (H. Res.
    254, Nov. 30, 1995, p. 35077). Before the House recodified its rules in
    the 106th Congress, this provision was found in former clause 7 of rule
    XXI; and a requirement that the report also be available for three days
    was deleted as redundant because reports on general appropriation bills
    are covered under the availability requirements of paragraph (a) (H.
    Res. 5, Jan. 6, 1999, p. ----). In counting the ``three calendar days''
    specified in the clause, the date the bill is filed or the date on which
    it is to be called up for consideration are counted, but not both (May
    26, 1969, p. 13720).

    [[Page [622]]]

    Privileged reports, generally
      5. (a) <> The following committees
    shall have leave to report at any time on the following matters,
    respectively:
          (1) The Committee on Appropriations, on general appropriation
    bills and on joint resolutions continuing appropriations for a fiscal
    year after September 15 in the preceding fiscal year.
          (2) The Committee on the Budget, on the matters required to be
    reported by such committee under titles III and IV of the Congressional
    Budget Act of 1974.
          (3) The Committee on House Administration, on enrolled bills, on
    contested elections, on matters referred to it concerning printing for
    the use of the House or the two Houses, on expenditure of the applicable
    accounts of the House described in clause 1(i)(1) of rule X, and on
    matters relating to preservation and availability of noncurrent records
    of the House under rule VII.
          (4) The Committee on Rules, on rules, joint rules, and the order
    of business.
          (5) The Committee on Standards of Official Conduct, on resolutions
    recommending action by the House with respect to a Member, Delegate,
    Resident Commissioner, officer, or employee of the House as a result of
    an investigation by the committee relating to the official conduct of
    such Member, Delegate, Resident Commissioner, officer, or employee.

    [[Page [623]]]

      (b) A report filed from the floor as privileged under paragraph (a)
    may be called up as a privileged question by direction of the reporting
    committee, subject to any requirement concerning its availability to
    Members, Delegates, and the Resident Commissioner under clause 4 or
    concerning the timing of its consideration under clause 6.

      The origins of this provision appear as early as 1812, but it was in
    1886 that the various provisions were consolidated in one rule. The rule
    was amended by the Legislative Reorganization Act of 1946 (60 Stat.
    812), on February 2, 1951 (p. 883), and by the Committee Reform
    Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470). On the latter date the privileges given to the
    Committee on Interior and Insular Affairs (now Resources) on bills for
    the forfeiture of land grants to railroad and other corporations,
    preventing speculation in the public lands and reserving public lands
    for the benefit of actual and bona fide settlers, and for the admission
    of new States, to the Committee on Public Works (now Transportation and
    Infrastructure) on bills authorizing the improvement of rivers and
    harbors, to the Committee on Veterans' Affairs on general pension bills,
    and to the Committee on Ways and Means on bills raising revenue, were
    eliminated from the rule. In the 94th Congress (H. Res. 5, Jan. 14,
    1975, p. 20), the rule was further amended to reinsert ``contested
    elections'' under the authority of the Committee on House
    Administration, a matter inadvertently omitted by the 93d Congress (H.
    Res. 988, Oct. 8, 1974, p. 34470). The rule was amended in the 97th
    Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113) to permit joint
    resolutions continuing appropriations to be privileged if reported after
    a certain date. In the 101st Congress (H. Res. 5, Jan. 3, 1989, p. 72),
    the rule was amended to include under the authority of the Committee on
    House Administration all matters relating to preservation and
    availability of noncurrent House records. In the 104th and 106th
    Congresses, it was amended to conform references to a renamed committee
    (sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 467; H. Res. 5, Jan. 6, 1999,
    p. ----). In the 105th Congress it was amended to update an archaic
    reference to the ``contingent fund'' (H. Res. 5, Jan. 7, 1997, p. 121).
    Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 4 of rule XI; as part of that
    recodification, former clause 9 of rule XVI (restating the privilege of
    general appropriation bills) was deleted as obsolete (H. Res. 5, Jan. 6,
    1999, p. ----).
      At the time these privileges originated all reports were made on the
    floor, and often with great difficulty because of the pressure of
    business (IV, 4621), and by giving this privilege the most important
    matters of busi

    [[Page [624]]]

    ness were greatly expedited. In 1890 a rule was adopted providing that
    reports should be made by filing with the Clerk, but privileged reports
    must still be made from the floor (IV, 3146; VIII, 2230). A privileged
    report from the Committee on Rules may be filed at any time when the
    House is in session, including during special-order speeches (Oct. 14,
    1986, p. 30861). Prior to the original adoption of the provisions
    contained in former clause 2(l)(6) of rule XI in the 92d Congress
    (current clause 4 of rule XIII) (H. Res. 5, Jan. 22, 1971, p. 144), the
    right of reporting at any time was held to give the right of immediate
    consideration by the House (IV, 3131, 3132, 3142-3147; VIII, 2291,
    2312). However, from that date until the effective date of the provision
    of former clause 2(l)(6) (current clause 4 of this rule) on January 3,
    1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), only the
    Committees on House Administration, Rules (subject to the two-thirds
    vote requirement of clause 6 of this rule), and Standards of Official
    Conduct could call up a matter in the House for immediate consideration
    as soon as the report was filed. Now only reports from the Committee on
    Rules on rules, joint rules, and the order of business under clause 6 of
    this rule; reports from the Committee on House Administration on
    committee expense resolutions under clause 5(a) of this rule; reports
    constituting questions of privilege (see generally Deschler, ch. 14,
    Sec. 7.4, fn. 10, discussing ruling of Speaker Albert, July 13, 1971, on
    a reported contempt); and reports on the official conduct of a Member
    (e.g., H. Res. 31, Jan. 21, 1997, p. 393) are exempt from the
    requirements of former clause 2(l)(6) (current clause 4 of this rule)
    (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Other committees
    enumerated in this clause may still utilize the privilege after the
    report on the bill or resolution has been available for at least three
    calendar days (excluding Saturdays, Sundays, and legal holidays except
    when the House is in session on such a day). Once called up for
    consideration, the matter so reported remains privileged until disposed
    of (IV, 3145). The House proceeds to the consideration of privileged
    questions only on motion directed to be made by the several committees
    reporting such questions (VIII, 2310). Privileged questions reported
    adversely have the same status so far as their privilege is concerned as
    those reported favorably (VI, 413; VIII, 2310).
      The <> matters reported
    under the provisions of this clause are denominated ``privileged
    reports'' or ``privileged questions,'' and since the privilege relates
    merely to the order of business under the rules, they must be
    distinguished from ``questions of privilege'' which relate to the safety
    or dignity of the House itself defined in rule IX (III, 2718).
    Therefore, ``questions of privilege'' take precedence over these matters
    which are privileged under the rules (III, 2426-2530; V, 6454; VIII,
    3465).
      Privileged questions interrupt the regular order of business as
    established by former rule XXIV (current rule XIV), but when they are
    disposed of the regular order continues on from the point of
    interruption (IV, 3070, 3071). But the Speaker has declined to allow a
    call of committees to be

    [[Page [625]]]

    interrupted by a privileged report (IV, 3132). The presence of matter
    not privileged with privileged matter destroys the privileged character
    of a bill (IV, 4622, 4624, 4633, 4640, 4643; VIII, 2289; Speaker
    Rayburn, May 21, 1958, pp. 9212-16), or resolution (VIII, 2300), and
    when the text of a bill contains nonprivileged matter, privilege may not
    be created by a committee amendment in the nature of a substitute not
    containing the nonprivileged matter (IV, 4623).
      The House may give a committee leave to report at any time only by the
    process of changing the rules (III, 1770).
      The <> privilege given by this clause to the Committee on Rules is
    confined to ``action touching rules, joint rules, and order of
    business'' and this committee may not report as privileged a concurrent
    resolution providing for a Senate investigating committee (VIII, 2255),
    or provide for the appointment of a clerk (VIII, 2256); but the
    privilege has been held to include the right to report special orders
    for the consideration of individual bills or classes of bills (V, 6774),
    or the consideration of a specified amendment to a bill and prescribing
    a mode of considering such amendment (VIII, 2258). A special rule
    providing for the consideration of a bill is not invalidated by the fact
    that at the time the rule was reported, the bill was not on the calendar
    (VIII, 2259; Speaker McCormack, Aug. 19, 1964, p. 20212). The authority
    to report special orders of business includes authority to recommend
    consideration of measures and amendments thereto the subject of which
    might be separately pending before a standing committee (Apr. 15, 1986,
    p. 7531); to make in order the consideration of the text of an
    introduced bill as original text in a reported bill (Oct. 9, 1986, p.
    29973); to permit consideration of a previously unnumbered and
    unsponsored measure which comes into existence by virtue of adoption by
    the House of the special order (Speaker O'Neill, Apr. 16, 1986, p.
    7610); to recommend a ``hereby'' resolution, for example, that a
    concurrent resolution correcting the enrollment of a bill be considered
    as adopted by the House upon the adoption of the special order (Speaker
    Wright, May 4, 1988, p. 9865), or that a Senate amendment pending at the
    Speaker's table and otherwise requiring consideration in Committee of
    the Whole under clause 3 of rule XXII (former clause 1 of rule XX) be
    ``hereby'' considered as adopted upon adoption of the special order
    (Deschler, ch. 21, Sec. 16.11; Feb. 4, 1993, p. 2500); to provide that
    an amendment containing an appropriation in violation of clause 4 of
    rule XXI (former clause 5(a)) be considered as adopted in the House when
    the reported bill is under consideration (Feb. 24, 1993, p. 3542); to
    provide that an amendment containing an appropriation in violation of
    clause 2 of rule XXI be considered as adopted in the House when the
    reported bill is under consideration (July 27, 1993, p. 17129); and to
    provide that a nongermane amendment otherwise in violation of clause 7
    of rule XVI be considered as adopted in the House when the bill is under
    consideration (Feb. 24, 1993, p. 3542; July 27, 1993, p. 17129). The
    Committee on Rules has also reported as privileged a joint resolution

    [[Page [626]]]

    repealing a statutory joint rule (mandatory July adjournment, sec. 132
    of the Legislative Reorganization Act of 1946) (July 27, 1990, p.
    20178). The Committee on Rules has reported as privileged a special
    order of business nearly identical to one previously rejected by the
    House, but held not to constitute ``another of the same substance''
    within the meaning of Jefferson's section XLIII (reconsideration)
    because it provided a different scheme for general debate (July 27,
    1993, p. 17115).
      A resolution consisting solely of privileged matter, albeit in two
    separate jurisdictions empowered to report at any time under clause
    4(a), has been referred to a primary committee, reported therefrom as
    privileged, referred sequentially, and reported as privileged from the
    sequential committee as well (H. Res. 258, 102d Cong., Nov. 8, 1991, p.
    30979; Nov. 19, 1991, p. 32903).
      The right of the Committee on Appropriations to report at any time is
    confined strictly to general appropriation bills (IV, 4629-4632; VIII,
    2282-2284) and does not include appropriations for specific purposes
    (VIII, 2285). Before privilege was extended to continuing appropriation
    bills (in 1981), the rule was not construed to extend to resolutions
    extending appropriations (VIII, 2282-2284).
      Reports from the Committee on House Administration authorizing
    appropriations from the Treasury directly for compensation of employees
    (IV, 4645) or fixing the salaries of employees are not privileged (VIII,
    2302).
       <> As early as 1835 the necessity of giving the
    appropriation bills precedence became apparent, and in 1837 former
    clause 9 of rule XVI was adopted to establish that principle, but was
    deleted in recodification as redundant to this rule. Former clause 4(a)
    of rule XI was amended by the Committee Reform Amendments of 1974,
    effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470) to eliminate the authority of the Committee on Ways and Means to
    report as privileged bills raising revenue, and former clause 9 of rule
    XVI was amended in the 104th Congress (H. Res. 254, Nov. 30, 1995, p.
    35077) to delete as obsolete the reference to bills raising revenue (see
    Sec. 853, supra). However, the privilege to call up general
    appropriation bills in both rules was retained. When both types of
    reports were privileged under the rule prior to the 94th Congress,
    motions to consider revenue bills and appropriation bills were of equal
    privilege (IV, 3075, 3076).
      The motion may designate the particular appropriation bill to be
    considered (IV, 3074). The motion is privileged at any time after the
    approval of the Journal (subject to relevant report and hearing
    availability requirements), but only if offered at the direction of the
    committee (July 23, 1993, p. 16820). The motion is in order on District
    Mondays (VI, 716-718; VII, 876, 1123); and takes precedence of the
    motion to go into Committee of the Whole House to consider the Private
    Calendar (IV, 3082-3085; VI, 719, 720). Before the adoption of clause 4
    of rule XIII (the former Consent Calendar) it could be made on a
    ``suspension day'' as on other days (IV,

    [[Page [627]]]

    3080). On Wednesdays the privilege of the motion is limited by clause 7
    of rule XV. It may not be amended (VI, 52, 723), debated (VI, 716), laid
    on the table, or indefinitely postponed (VI, 726), and the previous
    question may not be demanded on it (IV, 3077-3079). Although highly
    privileged, it may not take precedence of a motion to reconsider (IV,
    3087), or a motion to change the reference of a bill (VII, 2124). The
    motion is less highly privileged than the motion to discharge a
    committee from further consideration of a bill under former clause 3 of
    rule XXVII (current clause 2 of rule XV) (VII, 1011, 1016), and on
    consent days the call of the former Consent Calendar (abolished in the
    104th Congress) took precedence (VII, 986).

    Privileged reports by the Committee on Rules
      6. (a) <> A report by
    the Committee on Rules on a rule, joint rule, or the order of business
    may not be called up for consideration on the same day it is presented
    to the House except--
          (1) when so determined by a vote of two-thirds of the Members
    voting, a quorum being present;
          (2) in the case of a resolution proposing only to waive a
    requirement of clause 4 or of clause 8 of rule XXII concerning the
    availability of reports; or
          (3) during the last three days of a session of Congress.
      (b) Pending the consideration of a report by the Committee on Rules on
    a rule, joint rule, or the order of business, the Speaker may entertain
    one motion that the House adjourn. After the result of such a motion is
    announced, the Speaker may not entertain any other dilatory motion until
    the report shall have been disposed of.
      (c) The Committee on Rules may not report--

    [[Page [628]]]

          (1) a rule or order proposing that business under clause 7 of rule
    XV be set aside by a vote of less than two-thirds of the Members voting,
    a quorum being present;
          (2) a rule or order that would prevent the motion to recommit a
    bill or joint resolution from being made as provided in clause 2(b) of
    rule XIX, including a motion to recommit with instructions to report
    back an amendment otherwise in order, if offered by the Minority Leader
    or a designee, except with respect to a Senate bill or resolution for
    which the text of a House-passed measure has been substituted.

      The Committee on Rules, ``by uniform practice of the House,''
    exercised the privilege of reporting at any time as early as 1888. The
    right to report at any time is confined to privileged matters (VIII,
    2255). This was probably the survival of a practice which existed as
    early as 1853 of giving the privilege of reporting at any time to this
    committee for a session (IV, 4650). In 1890 the committee was included
    among the committees whose reports were privileged by rule. The present
    rule (former clause 4(b) of rule XI) was adopted in 1892 (IV, 4621),
    amended on March 15, 1909. Clause 6(a)(1) (former matter found in
    parentheses in clause 4(b) of rule XI) was adopted January 18, 1924 (pp.
    1139, 1141), and the rule was further amended by the Committee Reform
    Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470), to limit its application to reports from the
    Committee on Rules on rules, joint rules, and orders of business. In the
    94th Congress it was amended to permit the immediate consideration of a
    resolution reported from the Committee on Rules waiving the two-hour
    layover requirement (H. Res. 868, Feb. 26, 1976, p. 4625). In the 104th
    Congress the provision was amended to prohibit the Committee on Rules
    from recommending a rule or order that would prevent a motion by the
    Minority Leader or his designee to recommit a bill or joint resolution
    with instructions to report back an amendment otherwise in order except
    in the case of a Senate bill or resolution for which the text of a
    House-passed measure is being substituted (sec. 210, 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 4(b) of rule XI (H.
    Res. 5, Jan. 6, 1999, p. ----). For rulings under the earlier form of
    the rule, see Sec. 859, infra.
      Pursuant to this clause, a privileged report from the Committee on
    Rules may be considered on the same legislative day only by a two-thirds
    vote,

    [[Page [629]]]

    but a report properly filed by the committee at any time prior to the
    convening of the House on the next legislative day may be called up for
    immediate consideration without the two-thirds requirement (Speaker
    Albert, July 31, 1975, p. 26243), including a report filed during
    special-order speeches after legislative business on that prior
    legislative day (Oct. 14, 1986, p. 30861), and if the House continues in
    session into a second calendar day and then meets again that day, or
    convenes for two legislative days on the same calendar day, any report
    filed on the first legislative day may be called up on the second
    without the question of consideration being raised (Speaker O'Neill,
    Dec. 16, 1985, p. 36755; Speaker Wright, Oct. 29, 1987, p. 29937). This
    clause does not require that a privileged resolution, and the report
    thereon, from the Committee on Rules be printed before it is called up
    for consideration (Speaker O'Neill, Feb. 2, 1977, p. 3344).
      In the case of certain resolutions reported from the Committee on
    Rules, the two-thirds vote requirement for consideration on the same day
    reported does not apply. This clause provides for the immediate
    consideration of a resolution from the Rules Committee waiving the
    requirement that copies of reports and reported measures be available
    for three days before their consideration, and waiving the requirement
    that copies of conference reports or amendments reported from conference
    in disagreement be available for two hours before their consideration
    (see Aug. 10, 1984, p. 23978).
      Although highly privileged, a report from the Committee on Rules
    yields to questions of privilege (VIII, 3491; Mar. 11, 1987, p. 5403),
    and is not in order after the House has voted to go into Committee of
    the Whole (V, 6781). Also a conference report has precedence of it, even
    when the yeas and nays and previous question have been ordered (V,
    6449). Formerly if a report from the Committee on Rules contained
    substantive propositions, a separate vote could be had on each
    proposition (VIII, 2271, 2272, 2274, 3167); but these decisions were
    nullified by the adoption of clause 5(b)(2) of rule XVI (former clause
    6). A report from the Committee on Rules takes precedence over a motion
    to consider a measure which is ``highly privileged'' pursuant to a
    statute enacted as an exercise in the rulemaking authority of the House,
    acknowledging the constitutional authority of the House to change its
    rules at any time (Speaker Wright, Mar. 11, 1987, p. 5403). Before the
    House adopts rules, the Speaker may recognize a Member to offer for
    immediate consideration a special order providing for the consideration
    of a resolution adopting the rules (H. Res. 5, Jan. 4, 1995, p. 447).
      The Committee on Rules may report and call up as privileged
    resolutions temporarily waiving or altering any rule of the House,
    including statutory provisions enacted as an exercise of the House's
    rulemaking authority which would otherwise prohibit the consideration of
    a bill being made in order by the resolution. (Speaker Albert, Mar. 20,
    1975, p. 7676; Mar. 24, 1975, p. 8418), or which would otherwise
    establish an exclusive procedure for consideration of a particular type
    of measure (Speaker O'Neill, Apr.

    [[Page [630]]]

    16, 1986, p. 7610; Speaker Wright, Mar. 11, 1987, p. 5403). No rule of
    the House precludes the Committee on Rules from reporting a special
    order making in order specified amendments that have not been preprinted
    as otherwise required by an announced policy of that committee (Oct. 23,
    1991, p. 28097). No point of order lies against a resolution reported
    from the Committee on Rules that waives points of order against a
    measure or provides special procedures for its consideration, where no
    law constituting a rule of the House prohibits consideration of such a
    resolution (resolution providing for consideration of a budget
    resolution, where a statute (P.L. 96-389, reaffirmed congressional
    commitment to balanced Federal budgets but did not dictate what
    legislation could be considered or otherwise constitute a rule of the
    House) (June 10, 1982, p. 13353).
      The Chair has declined to entertain a unanimous-consent request to
    alter a special order previously adopted by the House to admit an
    additional (nongermane) amendment during further consideration of a bill
    unless assured of certain clearances, consistent with the Speaker's
    announced policy (see Sec. 956, infra) of conferring recognition for
    unanimous-consent requests for the consideration of unreported bills and
    resolutions only when assured that the majority and minority floor and
    committee leaderships have no objection (Nov. 14, 1991, p. 32083).
      In <> the later
    practice it has been held that the question of consideration may not be
    raised against a report from the Committee on Rules (V, 4961-4963; VIII,
    2440, 2441). The clause forbidding dilatory motions has been construed
    strictly  (V, 5740-5742), and in the later practice the following have
    been excluded: (1) the motion to commit after the ordering of the
    previous question (V, 5593-5601; VIII, 2270, 2750; Feb. 22, 1984, p.
    2965); (2) an appeal from the Chair's decision not to entertain the
    question of consideration or a motion to lay the pending resolution on
    the table (V, 5739); and (3) the motion to postpone to a day certain
    (Oct. 9, 1986, p. 29972). A motion to reconsider the vote on ordering
    the previous question has been held not dilatory (V, 5739). Before
    debate has begun on a report from the Committee on Rules, a question of
    the privileges of the House takes precedence (VIII, 3491; Mar. 11, 1987,
    p. 5403). In the event that the previous question is rejected on a
    privileged resolution from the Committee on Rules, the provisions of
    clause 6(b) prohibiting ``dilatory'' motions no longer strictly apply;
    the resolution is subject to proper amendment, further debate, or a
    motion to table or refer, and the Member who lead the opposition to the
    previous question has the prior right to recognition (Oct. 19, 1966, pp.
    27713, 27725-29; May 29, 1980, pp. 12667-78), subject to being preempted
    by a preferential motion offered by another Member (Aug. 13, 1982, pp.
    20969, 20975-78). The member of the Committee on Rules calling up a
    privileged resolution on behalf of the committee may offer an amendment,
    and House rules do not require a specific authorization from the
    committee (Sept. 25, 1990, p. 25575). A motion to table such a pending
    amendment is dilatory and not in order under this provision, but the
    motion to recon

    [[Page [631]]]

    sider the vote on ordering the previous question on the rule and
    amendment thereto is not (see V, 5739; Sept. 25, 1990, p. 25575), and
    may be laid on the table without carrying with it the resolution itself
    (Sept. 25, 1990, p. 25575). Only one motion to adjourn is admissible
    during the consideration of a report from the Committee on Rules (July
    23, 1997, p. ----; Mar. 20, 2002, p. ----), and the motion may not be
    made when another Member has the floor (Sept. 27, 1993, p. 22608). 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). The Chair has held that a virtually consecutive invocation of
    former rule XXX (current clause 6 of rule XVII), resulting in a second
    pair of votes on use of a chart and on reconsideration thereof, was not
    dilatory under this clause (or former clause 10 of rule XVI (current
    clause 1 of rule XVI)) (July 31, 1996, p. 20693). In the 107th Congress
    clause 6 of rule XVII was amended to render the Chair's recognition for
    a motion on the use of charts completely discretionary (see Sec. 963,
    infra).
      A motion to recommit a special rule from the Committee on Rules is not
    in order (VIII, 2270, 2753).
      From <> 1934 until the amendment to this provision in the 104th
    Congress (sec. 210, H. Res. 6, Jan. 4, 1995, p. 468), it was
    consistently held that the Committee on Rules could recommend a special
    order that limited, but did not totally prohibit, a motion to recommit
    pending passage of a bill or joint resolution, as by precluding the
    motion from containing instructions relating to specified amendments
    (Speaker Rainey, Jan. 11, 1934, pp. 479-83 (sustained on appeal)); or by
    omitting to preserve the availability of amendatory instructions in the
    case that the bill is entirely rewritten by the adoption of a substitute
    made in order as original text (Speaker Foley, June 4, 1991, p. 13170;
    Speaker Foley, Nov. 25, 1991, p. 34460); or by expressly allowing only a
    simple (``straight'') motion to recommit (without instructions) (Oct.
    16, 1990, p. 29657 (sustained by tabling of appeal); Feb. 26, 1992, p.
    3441 (sustained by tabling of appeal); May 7, 1992, p. 10586 (sustained
    by tabling of appeal); June 16, 1992, p. 14973 (sustained by tabling of
    appeal); Nov. 21, 1993, p. 31544; Nov. 22, 1993, p. 31815). A special
    order providing for consideration of a bill under suspension of the
    rules does not prevent a motion to recommit from being made ``as
    provided in clause 4 of rule XVI,'' i.e., after the previous question is
    ordered on passage, a procedure not applicable to a motion to suspend
    the rules (Speaker Foley, June 21, 1990, p. 15229). See Deschler, ch.
    21, Sec. 26.11; see generally Deschler, ch. 23, Sec. 25.
      The caveat against including in a special order matter privileged to
    be reported by another committee (Deschler, ch. 21, Sec. 17.13) does not
    extend to a ``hereby'' resolution (e.g., that a concurrent resolution
    correcting the enrollment of a bill within the jurisdiction of another
    committee be consid

    [[Page [632]]]

    ered as adopted by the House upon the adoption of the special order), so
    long as not precluding the motion to recommit a bill or joint resolution
    (Speaker Wright, May 4, 1988, p. 9865).
      The Committee on Rules has reported special rules to dispose of Senate
    amendments that have ordered the previous question to adoption without
    intervening motion. At this stage the special order need not preserve
    (under clause 6(c) of rule XIII) the motion to recommit (as provided in
    clause 2(b) of rule XIX) because the bill is not at the stage of initial
    passage. For an illustrative list of such rules, see House Practice, ch.
    51, Sec. 11. For an exchange of correspondence between the chairman and
    ranking minority member of the Rules Committee regarding this practice,
    see January 24, 1996, pp. 1228, 1229.
      Although the Committee on Rules is forbidden to report special orders
    abrogating the Calendar Wednesday rule or excluding the motion to
    recommit after the previous question, a resolution making possible that
    ultimate result by permitting motions to suspend the rules for a week
    was held in order (VIII, 2267).
      The <> Unfunded Mandates Reform
    Act of 1995 (P.L. 104-4; 109 Stat. 48) added a new part B to title IV of
    the Congressional Budget Act of 1974 (2 U.S.C. 658-658g) that, effective
    on January 1, 1996, or 90 days after appropriations are made available
    to the Congressional Budget Office pursuant to the 1995 Act (whichever
    is earlier), imposes several requirements on committees with respect to
    ``Federal mandates'' (secs. 423, 424; 2 U.S.C. 658b, 658c), establishes
    points of order to permit separate votes on whether to enforce those
    requirements (sec. 425; 2 U.S.C. 658d), and permits a vote on the
    consideration of a rule or order waiving such points of order in the
    House (sec. 426(a); 2 U.S.C. 658e(a)). See Sec. 1127, infra.

      (d) <> The Committee on Rules shall
    present to the House reports concerning rules, joint rules, and the
    order of business, within three legislative days of the time when they
    are ordered. If such a report is not considered immediately, it shall be
    referred to the calendar. If such a report on the calendar is not called
    up by the member of the committee who filed the report within seven
    legislative days, any member of the committee may call it up as a
    privileged question on the day after the calendar day on which the
    member announces to the House his intention to do so. The Speaker

    [[Page [633]]]

    shall recognize a member of the committee who rises for that purpose.
      (e) An adverse report by the Committee on Rules on a resolution
    proposing a special order of business for the consideration of a public
    bill or public joint resolution may be called up as a privileged
    question by a Member, Delegate, or Resident Commissioner on a day when
    it is in order to consider a motion to discharge committees under clause
    2 of rule XV.

      Before the House recodified its rules in the 106th Congress, this
    provision was found in one paragraph, former paragraph (c) of clause 4
    of rule XI (H. Res. 5, Jan. 6, 1999, p. ----). What is now paragraph (d)
    was initially adopted January 18, 1924, and was amended on January 6,
    1987 (H. Res. 5, p. 6) (requiring one calendar day's notice before
    calling up a special order eligible under the rule. What is now
    paragraph (e) was amended December 8, 1931 (VIII, 2268), January 3, 1949
    (p. 16) (establishing the so-called ``21-day rule''), January 3, 1951
    (p. 18) (abolishing the ``21-day rule''), January 4, 1965 (p. 24)
    (reestablishing the ``21-day rule''), January 10, 1967 (H. Res. 7, p.
    28) (abolishing the ``21-day rule''). Technical changes to this
    provision were effected on January 3, 1975 (H. Res. 988, Oct. 8, 1974,
    p. 34470). A special order reported from the Committee on Rules and not
    called up within seven legislative days may be called up by any member
    of that committee, including a minority member (Nov. 13, 1979, p. 32185;
    May 6, 1982, p. 8905).

      (f) <> If the House has adopted a resolution making
    in order a motion to consider a bill or resolution, and such a motion
    has not been offered within seven calendar days thereafter, such a
    motion shall be privileged if offered by direction of all reporting
    committees having initial jurisdiction of the bill or resolution.

      This provision was contained in section 109 of the Legislative
    Reorganization Act of 1970 (84 Stat. 1140) and became part of the rules
    in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 2(l)(7) of rule XI (H. Res. 5, Jan. 6, 1999, p. ----). In
    modern practice,

    [[Page [634]]]

    this subparagraph is normally inapplicable in light of clause 2(b) of
    rule XVIII, which provides for the House resolving into the Committee of
    the Whole by declaration of the Speaker pursuant to a special order of
    business rather than by adoption of a motion.

      (g) <> Whenever the Committee on
    Rules reports a resolution providing for the consideration of a measure,
    it shall (to the maximum extent possible) specify in the resolution the
    object of any waiver of a point of order against the measure or against
    its consideration.

      This provision (former clause 4(e) of rule XI) was adopted in this
    form in the 104th Congress (sec. 211, 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 4(e) of rule XI (H. Res. 5, Jan. 6,
    1999, p. ----).

    Resolutions of inquiry
      7. A <> report on a resolution of
    inquiry addressed to the head of an executive department may be filed
    from the floor as privileged. If such a resolution is not reported to
    the House within 14 legislative days after its introduction, a motion to
    discharge a committee from its consideration shall be privileged.

      The House has exercised the right, from its earliest days, to call on
    the President and heads of departments for information. The first rule
    on the subject was adopted in 1820 for the purpose of securing greater
    care and deliberation in the making of requests. The present form of
    rule, in its essential features, dates from 1879 (III, 1856), while the
    time period for a committee to report was extended from one week to 14
    legislative days in the 98th Congress (H. Res. 5, Jan. 3, 1983, p. 34).
    Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 5 of rule XXII (H. Res. 5, Jan. 6,
    1999, p. ----).
      Resolutions of <> inquiry are usually simple rather than concurrent in
    form (III, 1875), and are never joint resolutions (III, 1860). A
    resolution authorizing a committee to request information has been
    treated as a resolution of inquiry (III, 1860). It has been considered
    proper to use the word

    [[Page [635]]]

    ``request'' in asking for information from the President and ``direct''
    in addressing the heads of departments (III, 1856, footnote, 1895). It
    is usual for the House in calling on the President for information,
    especially with relation to foreign affairs, to use the qualifying
    clause ``if not incompatible with the public interest'' (II, 1547; III,
    1896-1901; V, 5759; VI, 436). But in some instances the House has made
    its inquiries of the President without condition, and has even made the
    inquiry imperative (III, 1896-1901). Resolutions of inquiry are
    delivered under direction of the Clerk (III, 1879) and are answered by
    subordinate officers of the Government either directly or through the
    President (III, 1908-1910).
      The practice of <> the House gives to resolutions of inquiry a privileged
    status. Thus, they are privileged for report and consideration at any
    time after their reference to a committee (III, 1870; VI, 413, 414), but
    not before (III, 1857), and are in order for consideration only on
    motion directed to be made by the committee reporting the same (VI, 413;
    VIII, 2310). They are privileged for consideration on ``Suspension
    days'' and took precedence of the former Consent Calendar (VI, 409)
    before its abolishment in the 104th Congress (H. Res. 168, June 20,
    1995, p. 16574), but are not in order on Calendar Wednesday (VII, 896-
    898). And only resolutions addressed to the President and the heads of
    the executive departments have the privilege (III, 1861-1864; VI, 406).
    To enjoy the privilege a resolution should call for facts rather than
    opinions (III, 1872, 1873; VI, 413, 418-432; July 7, 1971, pp. 23810-
    11), should not require investigations (III, 1872-1874; VI, 422, 427,
    429, 432), and should not present a preamble (III, 1877, 1878; VI, 422,
    427); but if a resolution on its face calls for facts, the Chair will
    not investigate the probability of the existence of the facts called for
    (VI, 422). However, a resolution inquiring for such facts as would
    inevitably require the statement of an opinion to answer such inquiry is
    not privileged (Speaker Longworth, Feb. 11, 1926, p. 3805).
      Questions of privilege (as distinguished from privileged questions)
    have sometimes arisen in cases wherein the head of a department has
    declined to respond to an inquiry and the House has desired to demand a
    further answer (III, 1891; VI, 435); but a demand for a more complete
    reply (III, 1892) or a proposition to investigate as to whether or not
    there has been a failure to respond may not be presented as involving
    the privileges of the House (III, 1893).
      Committees are <> required to report resolutions of inquiry back
    to the House within one week (now 14 days) of the reference, and this
    time is construed to be legislative days (VIII, 3368; Speaker Rayburn,
    Feb. 9, 1950, p. 1755) exclusive of either the first or last day (III,
    1858, 1859). If a committee refuses or neglects to report the resolution
    back, the House may reach the resolution only by a motion to discharge
    the committee (III, 1865). The ordinary motion to discharge a committee
    is not privileged (VIII, 2316); but the practice of the House has given
    privilege to the motion in cases

    [[Page [636]]]

    of resolutions of inquiry (III, 1866-1870). And this motion to discharge
    is privileged at the end of the time period, though the resolution may
    have been delayed in reaching the committee (III, 1871). The motion to
    discharge is not debatable (III, 1868; VI, 415). However, if the motion
    is agreed to, the resolution is debatable under the hour rule unless the
    previous question is ordered (VI, 416, 417). If a committee reports a
    privileged resolution of inquiry (favorably or adversely), it may then
    be called up only by an authorized member of the reporting committee and
    not by another Member of the House (VI, 413; VIII, 2310). The Member
    calling up a privileged resolution of inquiry reported from committee is
    recognized to control one hour of debate and may move to lay the
    resolution on the table during that time (July 7, 1971, pp. 23807-10;
    Oct. 20, 1971, pp. 37055-57).
      The President <> having failed to respond to a resolution of inquiry,
    the House respectfully reminded him of the fact (III, 1890). In 1796 the
    House declared that its constitutional requests of the Executive for
    information need not be accompanied by a statement of purposes (II,
    1509). As to the kind of information which may be required, especially
    as to the papers that may be demanded, there has been much discussion
    (III, 1700, 1738, 1888, 1902, 1903; VI, 402, 435). There have been
    several conflicts with the Executive (II, 1534, 1561; III, 1884, 1885-
    1889, 1894) over demands for papers and information, especially when the
    resolutions have called for papers relating to foreign affairs (II,
    1509-1513, 1518, 1519).

    [DOCID:hd284-113]
                                    Rule XIV

    [DOCID:hd284-114]
                         order and priority of business

      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.

    [[Page [637]]]

      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. ----). A correction to a cross reference was
    effected in the 107th Congress (sec. 2(x), H. Res. 5, Jan. 3, 2001, p.
    ----).
      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).
      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 order of business could be superseded by operation of
    other rules (H. Res. 5, Jan. 6, 1999, p. ----). 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,

    [[Page [638]]]

    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).
      (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 7 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) Consideration of bills on the Corrections Calendar (clause 6 of
    rule XV), and 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). Prior to 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 [639]]]

      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).

      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,

    [[Page [640]]]

    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 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 (former clause 2 of rule
    XXIV) (H. Res. 5, Jan. 6, 1999, p. ----).
      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 mes

    [[Page [641]]]

    sages; 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. ----).
      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 (former 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
    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

    [[Page [642]]]

    (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 <> 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).

      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. ----). A clerical correction to a
    cross reference

    [[Page [643]]]

    was effected in the 107th Congress (sec. 2(x), H. Res. 5, Jan. 3, 2001,
    p. ----).
      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. ----). 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. ----).
      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), 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).

    [[Page [644]]]

      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, the Corrections Calendar, 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).

      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.

    [[Page [645]]]

      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 7 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. ----).
      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).

      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

    [[Page [646]]]

    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. ----).
      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.

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

      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. ----
    ). 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).

    [[Page [647]]]

    [DOCID:hd284-115]
                                     Rule XV

    [DOCID:hd284-116]
                        business in order on special days

    Suspensions, Mondays and Tuesdays
      1. (a) <> A rule may not be
    suspended except by a vote of two-thirds of the Members voting, a quorum
    being present. The Speaker may not entertain a motion that the House
    suspend the rules except on Mondays and Tuesdays and during the last six
    days of a session of Congress.

      This provision (former clause 1 of rule XXVII) developed from a rule
    adopted in 1794, which provided that no rule should be rescinded without
    one day's notice. In 1822 a paragraph was added that no rule should be
    suspended except by a two-thirds vote. In 1828 it was amended to provide
    that the order of business, as established by the rules, should not be
    changed except by a two-thirds vote. Originally contemplating motions to
    suspend the rules on any day, the rule was amended in 1847 to restrict
    the motion to Mondays of each week, and, in 1880, to the first and third
    Mondays of each month. In 1874 the old limit of 10 days at the end of
    the session was reduced to six days. In the 93d Congress, the rule was
    amended to permit the Speaker to recognize for such motions on the first
    and third Mondays and on the Tuesdays immediately following those days
    and to eliminate the distinction between days on which committees and
    individuals had preference (H. Res. 6, Jan. 3, 1973, pp. 26, 27). In the
    95th Congress, the rule was amended to permit the Speaker to recognize
    for such motions on every Monday and Tuesday (H. Res. 5, Jan. 4, 1977,
    95th Cong., pp. 53-70). During the first session of the 108th Congress,
    the House authorized the Speaker to entertain motions that the House
    suspend the rules on Wednesdays through the second Wednesday in April as
    though under this clause (sec. 3(d), H. Res. 5, Jan. 7, 2003, p. ----),
    which was extended by unanimous consent through the last Wednesday in
    June (Apr. 30, 2003, p. ----). Before the House recodified its rules in
    the 106th Congress, this provision was found in former clause 1 of rule
    XXVII (H. Res. 5, Jan. 6, 1999, p. ----).
      Originally, <> when the House was operating under the older rules for the
    order of business, the motion was used to establish a special order of
    business for the consideration of a particular measure (IV, 3152, 3162;
    V, 6852). In 1890, the House adopted rules for the order of business
    which enabled the House on any day to consider public bills on its
    calendars.

    [[Page [648]]]

    About the same time, the House perfected the process of establishing a
    special order of business by a majority vote through a report from the
    Committee on Rules (IV, 3169). As a result of these changes, the use of
    the motion to suspend gradually changed from one that established a
    special order of business to one that passes or adopts a measure (V,
    6790, 6846, 6847). The latter motion suspends all rules inconsistent
    with its purposes, including a rule requiring that a recess be taken (V,
    5752) or that a quorum be present when a bill is reported from committee
    (Sept. 22, 1992, p. 26932).
      Although the normal use of the motion is to pass or adopt a
    noncontroversial measure, the motion may also be used to change or
    suspend a rule or order that is susceptible to suspension or to suspend
    the parliamentary law of Jefferson's Manual (V, 6796, 6862). The rules
    forbid the Speaker to entertain a motion to suspend the rules relating
    to the privilege of the floor (clause 2(b) of rule IV; V, 7283; VIII,
    3634), the use of the Hall of the House (clause 1 of rule IV; V, 7270)
    or prohibiting the introduction of persons in the galleries (clause 7 of
    rule XVII; VI, 197).
      The motion to suspend may include a series of actions, such as the
    discharge of a committee from consideration of a bill and the passage of
    it (V, 6850), the reconsideration of the vote passing a bill, amendment
    of it, and passage again (V, 6849), the permission for a committee to
    report several bills (V, 6857), an order to the Clerk to incorporate in
    the engrossment of a general appropriation bill a provision not
    otherwise in order (IV, 3845), an authorization to the House to
    entertain a specified motion to suspend the rules on a future day, not a
    suspension day (IV, 3845), a motion to take a bill (V, 6288; VIII, 3425)
    or a motion to reconsider, from the table (V, 5640). A motion to suspend
    may provide for agreeing to a conference report which has been ruled out
    of order by the Speaker (Dec. 20, 1974, p. 41860) or may provide for
    passage of a bill that consists of the text of two bills previously
    passed by the House (Sept. 19, 2000, p. ----). One motion to suspend the
    rules having been rejected, the Speaker may recognize for a similar
    motion (Dec. 21, 1973, pp. 43270-81).
      A motion to suspend the rules may provide for the passage of a bill
    regardless of whether it has been reported by committee, referred to a
    calendar, or even previously introduced (VIII, 3421; July 16, 1996, p.
    17228). It may include an amendment without the formality of committee
    approval (June 22, 1992, p. 15617). Copies of reports on bills
    considered under suspension are not required to be available in advance.
    No advance notice to Members of bills to be called up under suspension
    of the rules is required (Mar. 20, 1978, p. 7535). However, where a
    special rule requires that the object of a motion to suspend the rules
    be announced on the floor at least one hour prior to the Chair's
    entertaining the motion, unanimous consent is required to permit the
    Chair to entertain the motion prior to that time (Sept. 28, 1996, p.
    25765, 25774).

    [[Page [649]]]

      The <> motion that the House ``suspend the rules and pass [or adopt]''
    a measure is not subject to the demand for a division of the question,
    either as to the two branches of the motion or as to distinct
    substantive propositions in the subject of the motion (V, 6141-6143).
    The motion may not be amended (V, 5322, 5405, 6858; Deschler, ch. 21,
    Sec. 14.6; Apr. 11, 2000, p. ----), postponed (V, 5322), or laid on the
    table (V, 5405). The motion to reconsider may not be applied to a
    negative vote on the motion (V, 5645, 5646; VIII, 2781; Sept. 28, 1996,
    p. 25797), although it may be applied to an affirmative vote (Sept. 28,
    1996, p. 25796). The motion to refer may not be applied to the bill that
    it is proposed to pass under suspension of the rules (V, 6860). Pursuant
    to clause 1(b) of rule XV, the Speaker may entertain one motion to
    adjourn pending a motion to suspend the rules. However, after that vote,
    the Speaker may not entertain any other motion until the vote is taken
    on the motion to suspend the rules.
      Some older precedents indicate that the right of a Member to have read
    the paper on which he is called to vote is not changed by the fact that
    the procedure is by suspension of the rules (V, 5277; VIII, 3400), and
    in earlier instances the separate motion to suspend the rules and
    dispense with reading of pending measures was held in order (V, 5278-
    84). However, under the modern practice, only the motion to suspend the
    rules is itself read, and the Clerk reports the title of the bill only.
    Amendments included in the motion are not reported separately. Where a
    motion to suspend the rules and agree to a resolution that provided for
    concurring in a Senate amendment with an amendment consisting of the
    text of a bill introduced in the House, the Speaker ruled that the
    reading of the resolution itself was sufficient and that it could be re-
    read to the House only by unanimous consent (Dec. 21, 1973, pp. 43251-
    63).
      Where the Chair allocates the time in opposition to the motion to the
    ranking minority member of the reporting committee, a challenge that
    that member does not qualify as being opposed, in order to control such
    time, must be made when the time is allocated by the Chair (May 15,
    1984, p. 12215; Speaker Wright, June 2, 1987, p. 14223).
      In the <> early practice, when the motion to suspend the rules was used
    to enable a matter to be taken up for consideration out of order, it was
    not admitted when a subject was already before the House (V, 5278, 6836,
    6837, 6852, 6853). However, a motion to suspend the rules was in order
    to dispense with the reading of a pending measure (V, 5278). A bill
    taken up under this early practice might be amended by the House (V,
    6842, 6856) or withdrawn by the mover, in which case another Member
    might not present it (V, 6854, 6855).
      In the later practice, where the motion includes both suspension of
    the rules and action on the subject, it is admitted even though another
    matter is pending (V, 6834), the yeas and nays are demanded on another
    privileged motion (V, 6835), or the previous question has been ordered
    or moved on

    [[Page [650]]]

    another matter (V, 6827, 6831-6833; VIII, 3418; Sept. 17, 1990, p.
    24695). Earlier rulings, did not permit a motion to suspend the rules to
    permit a vote to be taken in gross on a series of pending Senate
    amendments (V, 6828, 6830). The motion to suspend the rules has been
    ruled out of order when the House is considering a bill under a special
    order (V, 6838) or when a question of privilege under rule IX is before
    the House (V, 6825, 6826; VI, 553, 565). The motion to suspend the rules
    has been held of equal privilege with the motion to instruct conferees
    under former clause 1(c) of rule XXVIII (current clause 7(c) of rule
    XXII), which is of the highest privilege (Mar. 1, 1988, pp. 2749, 2751,
    2754). A motion to suspend the rules and approve the Journal was held in
    order, although the Journal had not been read and the highly privileged
    motion to fix the day to which the House should adjourn was pending (IV,
    2758). Although the motion is privileged, it may be superseded by a
    question of the privileges of the House (III, 2553; VI, 565). Moreover,
    in the absence of a motion to suspend, the ordinary motions relating to
    business of the House may be made on suspension days as on other days
    (IV, 3080).
      The motion to suspend the rules may be made on days other than
    suspension days by unanimous consent (V, 6795) or by adoption of a
    resolution reported by the Rules Committee. On suspension days the
    motion to suspend the rules has been admitted at the discretion of the
    Speaker since 1881 (V, 6791-6794, 6845; VIII, 3402-3404), and no appeal
    may be taken from the Speaker's denial of recognition (II, 1425).
      Prior to <> the 93d Congress, the rule gave to individuals preference
    on the first Monday of the month for making motions to suspend the
    rules, and preference on the third Mondays for committees to make the
    motion (V, 6790). If on a committee day an individual motion was made
    and seconded, it was then too late to make a point of order (V, 6809).
    In rare instances, under earlier House practice, the Speaker called the
    committees in regular order for motions to suspend the rules, but this
    method was not required (V, 6810, 6811). The earlier practice also
    required a motion to be formally and specifically authorized by a
    committee (V, 6805-6807), including specific authorization to include an
    amendment (V, 6812); but after the motion was seconded and debate had
    begun it was too late to raise a question as to the authorization (V,
    6808).
      Under the modern practice, authorization by a committee is not
    required (VIII, 3410, June 22, 1992, p. 15617). The committee may not
    present a bill which has not been referred to it (V, 6813) and is not
    within its jurisdiction (V, 6848).
      Prior to <> the 102d Congress, certain motions to suspend the rules were
    required to be seconded, if demanded, by a majority by tellers, but this
    requirement was eliminated from the rule (H. Res. 5, Jan. 3, 1991, p.
    39). The requirement for a second was adopted in 1874, was rescinded two
    years later, but was again adopted in 1880. The object of it was to
    prevent

    [[Page [651]]]

    consumption of the time of the House by forcing consideration of
    undesirable propositions (V, 6797). The requirement (former clause 2 of
    rule XXVII) was amended in the 96th Congress (H. Res. 5, Jan. 15, 1979,
    pp. 7-16) so that a second was not required where printed copies of the
    proposed measure were available. The constitutional right of a Member to
    demand the yeas and nays, or the right of a Member under clause 1(b) of
    rule XX to demand a recorded vote, did not exist on the question of
    ordering a second under the former clause 2 of rule XXVII, which only
    permitted the ordering of a second by tellers if a quorum was present
    (V, 6032-6036; VIII, 3109; Dec. 16, 1981, p. 31851). The fact that a
    majority of the Members of the House did not pass between the tellers on
    the question of ordering a second did not conclusively show that a
    quorum was not present in the Chamber, and the Speaker could count the
    House to determine whether a quorum was actually present (Dec. 16, 1981,
    p. 31851). However, where a quorum failed on the vote for a second,
    under clause 6 of rule XX the yeas and nays were ordered (IV, 3053-3055;
    Dec. 21, 1973, pp. 43251-63).
      A <> motion to suspend the
    rules may be withdrawn at any time before the Chair puts the question
    and a voice vote is taken thereon (V, 6840, 6844; VIII, 3405, 3419). The
    motion may be withdrawn by unanimous consent, even after the Speaker has
    put the question on its adoption and postponed further proceedings
    (Deschler, ch 21 Sec. 13.23).

      (b) <> Pending a motion that the House suspend the rules, the Speaker
    may entertain one motion that the House adjourn. After the result of
    such a motion is announced, the Speaker may not entertain any other
    motion until the vote is taken on the suspension.

      This provision (former clause 8 of rule XVI) was adopted in 1868 (V,
    5743), and amended in 1911 (VIII, 2823). A motion for a recess (V, 5748-
    5751) and for a call of the House when there was no doubt of the
    presence of a quorum (V, 5747) were held to be dilatory motions within
    the meaning of the rule. But where a motion to suspend the rules has
    been made and, after one motion to adjourn has been acted on, a quorum
    has failed, another motion to adjourn has been admitted (V, 5744-5746).

      (c) <> A motion that the House suspend the rules is debatable for
    40 minutes, one-half in favor of the motion and one-half in opposition
    thereto.

    [[Page [652]]]

      This provision (former clause 2 of rule XXVII) was adopted in 1880 (V,
    6821). It was amended and redesignated from clause 3 to clause 2 of rule
    XXVII in the 102d Congress to conform to the repeal of the former clause
    2, relating to the requirement of a second (H. Res. 5, Jan. 3, 1991, p.
    39). Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 2 of rule XXVII. Former clause 2
    consisted of paragraph (b) and another provision currently found in
    clause 1(a) of rule XIX permitting 40 minutes debate on an otherwise
    debatable question on which the previous question has been ordered
    without debate (H. Res. 5, Jan. 6, 1999, p. ----). Before the adoption
    of this provision in 1880 (V, 6821) the motion to suspend the rules was
    not debatable (V, 5405, 6820). The 40 minutes of debate is divided
    between the mover and a Member opposed to the bill, unless it develops
    that the mover is opposed to the bill, in which event some Member in
    favor is recognized for debate (VIII, 3416). Where recognition for the
    20 minutes in opposition is contested, the Speaker will accord priority
    first on the basis of true opposition, then on the basis of committee
    membership, and only then on the basis of party affiliation, the latter
    preference inuring to the minority party (VIII, 3415; Nov. 18, 1991, p.
    32510). The Chair will not examine the degree of opposition to the
    motion by a member of the committee who seeks the time in opposition
    (Aug. 3, 1999, p. ----). When the mover and the opponent divide their
    time with others, the practice as to alternation of recognitions is not
    insisted on so rigidly as in other debate (II, 1442). Debate should be
    confined to the object of the motion and may not range to the merits of
    a bill not scheduled for suspension on that day (Nov. 23, 1991, p.
    34189).
      This paragraph formerly included a provision dealing with the
    Speaker's authority to postpone further proceedings on motions to
    suspend the rules and pass bills or resolutions. It was added in the 93d
    Congress (H. Res. 998, Apr. 9, 1974, pp. 10195-99), amended in the 95th
    Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), and amended further in
    the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16). It was deleted
    entirely in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113) when
    all of the Speaker's postponing authorities were consolidated into
    clause 5 of rule I (current clause 8 of rule XX).

    Discharge motions, second and fourth Mondays
      2. (a) <> Motions to
    discharge committees shall be in order on the second and fourth Mondays
    of a month.
      (b)(1) A Member may present to the Clerk a motion in writing to
    discharge--

    [[Page [653]]]

          (A) a committee from consideration of a public bill or public
    resolution that has been referred to it for 30 legislative days; or
          (B) the Committee on Rules from consideration of a resolution that
    has been referred to it for seven legislative days and that proposes a
    special order of business for the consideration of a public bill or
    public resolution that has been reported by a standing committee or has
    been referred to a standing committee for 30 legislative days.
      (2) Only one motion may be presented for a bill or resolution. A
    Member may not file a motion to discharge the Committee on Rules from
    consideration of a resolution providing for the consideration of more
    than one public bill or public resolution or admitting or effecting a
    nongermane amendment to a public bill or public resolution.
      (c) A motion presented under paragraph (b) shall be placed in the
    custody of the Clerk, who shall arrange a convenient place for the
    signatures of Members. A signature may be withdrawn by a Member in
    writing at any time before a motion is entered on the Journal. The Clerk
    shall make signatures a matter of public record, causing the names of
    the Members who have signed a discharge motion during a week to be
    published in a portion of the Congressional Record designated for that
    purpose on the last legislative day of the week and making cumulative
    lists of such names available each day for public inspection in an
    appropriate office of the

    [[Page [654]]]

    House. The Clerk shall devise a means for making such lists available to
    offices of the House and to the public in electronic form. When a
    majority of the total membership of the House shall have signed the
    motion, it shall be entered on the Journal, published with the
    signatures thereto in the Record, and referred to the Calendar of
    Motions to Discharge Committees.
      (d)(1) On the second and fourth Mondays of a month (except during the
    last six days of a session of Congress), immediately after the Pledge of
    Allegiance to the Flag, a motion to discharge that has been on the
    calendar for at least seven legislative days shall be privileged if
    called up by a Member whose signature appears thereon. When such a
    motion is called up, the House shall proceed to its consideration under
    this paragraph without intervening motion except one motion to adjourn.
    Privileged motions to discharge shall have precedence in the order of
    their entry on the Journal.
      (2) When a motion to discharge is called up, the bill or resolution to
    which it relates shall be read by title only. The motion is debatable
    for 20 minutes, one-half in favor of the motion and one-half in
    opposition thereto.
      (e)(1) If a motion prevails to discharge the Committee on Rules from
    consideration of a resolution, the House shall immediately consider the
    resolution, pending which the Speaker may entertain one motion that the
    House adjourn. After the result of such a motion to adjourn is
    announced, the Speaker may not entertain any

    [[Page [655]]]

    other dilatory motion until the resolution has been disposed of. If the
    resolution is adopted, the House shall immediately proceed to its
    execution.
      (2) If a motion prevails to discharge a standing committee from
    consideration of a public bill or public resolution, a motion that the
    House proceed to the immediate consideration of such bill or resolution
    shall be privileged if offered by a Member whose signature appeared on
    the motion to discharge. The motion to proceed is not debatable. If the
    motion to proceed is adopted, the bill or resolution shall be considered
    immediately under the general rules of the House. If unfinished before
    adjournment of the day on which it is called up, the bill or resolution
    shall remain the unfinished business until it is disposed of. If the
    motion to proceed is rejected, the bill or resolution shall be referred
    to the appropriate calendar, where it shall have the same status as if
    the committee from which it was discharged had duly reported it to the
    House.
      (f)(1) When a motion to discharge originated under this clause has
    once been acted on by the House, it shall not be in order to entertain
    during the same session of Congress--
          (A) a motion to discharge a committee from consideration of that
    bill or resolution or of any other bill or resolution that, by relating
    in substance to or dealing with the same subject matter, is
    substantially the same; or
          (B) a motion to discharge the Committee on Rules from
    consideration of a resolution pro

    [[Page [656]]]

    viding a special order of business for the consideration of that bill or
    resolution or of any other bill or resolution that, by relating in
    substance to or dealing with the same subject matter, is substantially
    the same.
      (2) A motion to discharge on the Calendar of Motions to Discharge
    Committees that is rendered out of order under subparagraph (1) shall be
    stricken from that calendar.

      This clause (former clause 3 of rule XXVII) was adopted December 8,
    1931 and amended January 3, 1935 (VII, 1007). It displaced a rule
    providing for a motion to instruct a committee to report a public bill
    or resolution. The first discharge rule was adopted in the 61st Congress
    (June 17, 1910, pp. 8439, 8445). It was amended during the 62d Congress
    (Apr. 4-5, 1911, pp. 18, 80). It was further amended in the 62d Congress
    (H. Res. 407, Feb. 3, 1912, p. 1685), the 68th Congress (H. Res. 146,
    Jan. 18, 1924, p. 1143), and the 69th Congress (H. Res. 6, Dec. 7, 1925,
    p. 383). This provision was redesignated from clause 4 to clause 3 in
    the 102d Congress to conform to the repeal of the former clause 2 of
    rule XXVII, relating to the requirement of a second; it was at the same
    time amended to enable debate on a resolution discharged from the
    Committee on Rules (H. Res. 5, Jan. 3, 1991, p. 39). Under the previous
    form of the rule, where the Committee on Rules was discharged from
    further consideration of a resolution the House immediately voted on
    adoption of the resolution (Speaker Rayburn, Jan. 24, 1944, p. 631).
      In the 103d Congress, after a successful petition under this clause
    placed on the calendar a motion to discharge the Committee on Rules from
    further consideration of a resolution to require publication of the
    names of Members who had signed pending discharge petitions, the clause
    was so amended (H. Res. 134, Sept. 28, 1993, p. 22698). In the 104th
    Congress the clause was amended to ensure the periodic publication of
    such names (sec. 219, H. Res. 6, Jan. 4, 1995, p. 468). Before the 103d
    Congress signatures on a motion to discharge a committee were not made
    public until the requisite number had signed the motion (VII, 1008; Apr.
    12, 1934, p. 6489). In the 105th Congress the clause was amended to
    clarify that, to be a proper object of a discharge petition, a
    resolution providing a special rule must address the consideration of
    only one measure and must not propose to admit or effect a nongermane
    amendment (H. Res. 5, Jan. 7, 1997, p. 121). A clerical correction was
    effected in the 107th Congress (sec. 2(x), H. Res. 5, Jan. 3, 2001, p.
    ----).
      The phrase ``a majority of the total membership of the House'' was
    construed to mean 218 Members (Speaker Byrns, Apr. 15, 1936, p. 5509),

    [[Page [657]]]

    not including Delegates or the Resident Commissioner. The rule does not
    authorize signature of discharge motions by proxy (VII, 1014). When a
    Member withdraws his signature from a discharge petition at any time
    before it garners 218 signatures and is entered on the Journal, the
    withdrawal is printed in the Record (Apr. 23, 1998, p. ----).
      The rule does not apply to a bill that has been reported by a
    committee during the interval between the placing of a motion to
    discharge on the calendar and the day when such motion is called up for
    action in the House (Apr. 23, 1934, p. 7156). The Committee on Rules may
    not be discharged from further consideration of a resolution providing
    for an investigating committee (Apr. 23, 1934, p. 7161).
      The death or resignation of a Member who has signed a motion does not
    invalidate his signature because a majority of the whole House is
    necessary for a discharge motion (May 31, 1934, p. 10159). It may be
    withdrawn by his successor (Dec. 7, 1943, p. 10388; Jan. 17, 1946, p.
    96; Mar. 5, 1946, p. 1968; July 30, 1946, pp. 10464, 10491; Mar. 2,
    1948, pp. 1993, 2001; Jan. 16, 1950, p. 436). The seven days that the
    motion must be on the calendar before it may be called up begins to run
    as of the day the motion is placed on the calendar (Dec. 14, 1937, p.
    1517). A discharge petition in the 102d Congress received the requisite
    number of signatures on the same day it was filed (May 20, 1992, p.
    12222), and subsequently by unanimous consent the House dispensed with
    the motion to discharge and agreed to consider the object of the
    petition (a special order of business resolution) on a date certain
    under the same terms as if discharged by motion (June 4, 1992, p.
    13618). In the 103d Congress a discharge petition also received the
    requisite number of signatures on the same day it was filed (Feb. 24,
    1994, p. 2999). In the 107th Congress a petition received the requisite
    signatures to enable a motion to discharge a rule providing for the
    consideration of a measure to provide campaign finance reform (Jan. 24,
    2002, p. ----).
      The right to close 20 minute debate on a motion to discharge a
    committee is reserved to the proponents of the motion (VII, 1010a); and
    the chairman of the committee being discharged, if opposed to the
    motion, has been recognized to control the 10 minutes in opposition
    (Aug. 10, 1970, p. 27999).
      Where a measure not requiring consideration in the Committee of the
    Whole House on the state of the Union is brought before the House by a
    successful motion to discharge, the Member moving its consideration is
    recognized in the House under the hour rule (Aug. 10, 1970, p. 28004).
      The point of order provided in clause 4 of rule XXI (former clause
    5(a) of rule XXI) does not apply to an appropriation in a bill taken
    away from a committee by the motion to discharge (VII, 1019a).
      Under Jefferson's Manual (Sec. 364, supra) a line of Members waiting
    to sign a discharge petition should proceed to the rostrum from the far
    right-hand aisle and should not stand between the Chair and Members
    engaging in debate (Oct. 24, 1997, p. ----).

    [[Page [658]]]

    Adverse report by the Committee on Rules, second and fourth Mondays
      3. An <> adverse
    report by the Committee on Rules on a resolution proposing a special
    order of business for the consideration of a public bill or public joint
    resolution may be called up under clause 6(e) of rule XIII as a
    privileged question by a Member, Delegate, or Resident Commissioner on a
    day when it is in order to consider a motion to discharge committees
    under clause 2.

      This provision was initially adopted January 18, 1924, amended
    December 8, 1931 (VIII, 2268), January 3, 1949 (p. 16), January 3, 1951
    (p. 18), January 4, 1965 (p. 24) (inserting the so-called ``21-day
    rule''), January 10, 1967 (H. Res. 7, p. 28) (deleting the ``21-day
    rule'' in effect in the 89th Congress), January 3, 1975 (H. Res. 988,
    93d Cong., Oct. 8, 1974, p. 34470). Before the House recodified its
    rules in the 106th Congress, this provision was found only in former
    clause 4(c) of rule XI. It is currently found in both this provision and
    clause 6(e) of rule XIII (H. Res. 5, Jan. 6, 1999, p. ----).

    District of Columbia business, second and fourth Mondays
      4. <> The second and fourth Mondays
    of a month shall be set apart for the consideration of such District of
    Columbia business as may be called up by the Committee on Government
    Reform after the disposition of motions to discharge committees and
    after the disposal of such business on the Speaker's table as requires
    reference only.

      The first rule allocating a fixed day for District of Columbia
    business was adopted in 1870. In 1890 the rule (former clause 8 of rule
    XXIV) was amended (IV, 3304). It was again amended December 8, 1931
    (VII, 872). In the 104th Congress it was amended to reflect that the
    jurisdiction of the former Committee on the District of Columbia had
    been subsumed within the amalgamated jurisdiction of the newly
    designated Committee

    [[Page [659]]]

    on Government Reform and Oversight (and in the 106th Congress to reflect
    a change in the name of a committee) (sec. 202, H. Res. 6, Jan. 4, 1995,
    p. 465; H. Res. 5, Jan. 6, 1999, p. ----). Before the House recodified
    its rules in the 106th Congress, this provision was found in former
    clause 8 of rule XXIV (H. Res. 5, Jan. 6, 1999, p. ----).
      The Committee on Government Reform and Oversight (now Government
    Reform) may not, on a District day, call up a bill reported from another
    committee (IV, 3311). If certain of the committee's bills are on one of
    the calendars of the Committees of the Whole, a motion to go into
    committee to consider them is in order (IV, 3310). Bills reported from
    the District Committee (now Government Reform) are not so privileged as
    to prevent their being taken up under call of committees on Wednesday
    (VII, 937). Business unfinished on one District day does not come up on
    the next unless called up (IV, 3307; VII, 879, 880). The question of
    consideration may not be demanded against District business generally,
    but may be demanded against any bill as it is presented (IV, 3308,
    3309).
      On District days it is in order to go into the Committee of the Whole
    to consider revenue or general appropriation bills (VI, 716-718; VII,
    876, 1123). Consideration of conference reports is in order on District
    Monday (VIII, 3202). District of Columbia business is in order on the
    second and fourth Mondays of the month before or after other business
    (such as motions to suspend the rules), and the fact that the House has
    considered some District of Columbia business before motions to suspend
    the rules does not affect the eligibility of further such business after
    suspensions have been completed (Sept. 17, 1984, p. 25523).

    Private Calendar, first and third Tuesdays
      5. (a) <> On the first Tuesday of a
    month, the Speaker shall direct the Clerk to call the bills and
    resolutions on the Private Calendar after disposal of such business on
    the Speaker's table as requires reference only. If two or more Members,
    Delegates, or the Resident Commissioner object to the consideration of a
    bill or resolution so called, it shall be recommitted to the committee
    that reported it. No other business shall be in order before completion
    of the call of the Private Calendar on this day unless two-thirds of the
    Members voting, a quorum being

    [[Page [660]]]

    present, agree to a motion that the House dispense with the call.
      (b)(1) On the third Tuesday of a month, after the disposal of such
    business on the Speaker's table as requires reference only, the Speaker
    may direct the Clerk to call the bills and resolutions on the Private
    Calendar. Preference shall be given to omnibus bills containing the
    texts of bills or resolutions that have previously been objected to on a
    call of the Private Calendar. If two or more Members, Delegates, or the
    Resident Commissioner object to the consideration of a bill or
    resolution so called (other than an omnibus bill), it shall be
    recommitted to the committee that reported it. Two-thirds of the Members
    voting, a quorum being present, may adopt a motion that the House
    dispense with the call on this day.
      (2) Omnibus bills shall be read for amendment by paragraph. No
    amendment shall be in order except to strike or to reduce amounts of
    money or to provide limitations. An item or matter stricken from an
    omnibus bill may not thereafter during the same session of Congress be
    included in an omnibus bill. Upon passage such an omnibus bill shall be
    resolved into the several bills and resolutions of which it is composed.
    The several bills and resolutions, with any amendments adopted by the
    House, shall be engrossed, when necessary, and otherwise considered as
    passed severally by the House as distinct bills and resolutions.

    [[Page [661]]]

      (c) The Speaker may not entertain a reservation of the right to object
    to the consideration of a bill or resolution under this clause. A bill
    or resolution considered under this clause shall be considered in the
    House as in the Committee of the Whole. A motion to dispense with the
    call of the Private Calendar under this clause shall be privileged.
    Debate on such a motion shall be limited to five minutes in support and
    five minutes in opposition.

      This <> provision (former clause 6 of rule XXIV) was adopted in the
    62d Congress in lieu of special orders under which pension and private
    business formerly had been considered. The rule was amended on April 23,
    1932 (VII, 846) and was adopted in its present form on March 27, 1935
    (pp. 4480-89, 4538). When the House recodified its rules in the 106th
    Congress, this provision was transferred from former clause 6 of rule
    XXIV and the archaic reference to the ``Calendar of the Committee of the
    Whole House'' was changed to the ``Private Calendar'' (H. Res. 5, Jan.
    6, 1999, p. ----). A Member serving as an ``official objector'' for the
    Private Calendar has periodically included in the Record an explanation
    of how bills on the Private Calendar are considered (see, e.g., Dec. 5,
    1995, p. 35354; June 17, 1997, p. ----). Clause 4 of rule XII prohibits
    consideration of certain private bills. Under former clause 6(e)(2) of
    rule XV (current clause 7(b) of rule XX), the Speaker may in his
    discretion recognize a Member to move a call of the House prior to the
    call of the Private Calendar (July 8, 1987, p. 18972).
      During the <> consideration of omnibus bills the Chair declines to recognize
    Members for unanimous-consent requests to address the House (May 7,
    1935, p. 7100); motions to strike out the last word are not in order,
    and requests for extension of time under the five-minute rule are not
    entertained (Speaker Byrns, Mar. 17, 1936, pp. 3890, 3894).
      An omnibus private bill is normally passed over by the Clerk when the
    Private Calendar is called on the first Tuesday of the month, but the
    House may prescribe, by special order, that such omnibus bills shall be
    passed over (June 27, 1968, p. 19106). During the consideration of the
    First Omnibus Bill of 1968, seven roll calls occurred and seven of the
    15 bills carried therein were stricken by motion (Sept. 17, 1968, pp.
    27165-84). Amendments to the bill were strictly limited by the rule to
    those striking out or reducing amounts of money carried in the bill or
    to provide limitations, and debate on those permissible motions was
    under the five-minute rule.

    [[Page [662]]]

    After the passage of an omnibus bill, it is resolved into the various
    private bills of which it is composed and each is engrossed and messaged
    to the Senate as if individually passed; thus it is possible, after
    passage of the omnibus bill, to lay on the table a private House or
    Senate bill which was included therein (by unanimous consent) (Sept. 17,
    1968, p. 27184).
      On the third Tuesday of the month, the calendar is not called unless
    the Speaker so directs (Oct. 16, 1990, p. 29646); and when he does
    direct the Clerk to call the Private Calendar, omnibus bills on the
    Calendar are called before individual bills thereon (Feb. 17, 1970, pp.
    3605-13). A motion to dispense with the call of the Private Calendar on
    the third Tuesday of each month is likewise in order in the Chair's
    discretion because no rule or precedent prohibits the motion, and it is
    consistent with the discretionary authority of the Chair to dispense
    with the call of the entire Calendar (appeal from the Chair's ruling
    laid on the table) (Nov. 17, 1981, p. 27770).

    Corrections Calendar, second and fourth Tuesdays
      6. (a) <> After a bill has been
    favorably reported and placed on either the Union or House Calendar, the
    Speaker, after consultation with the Minority Leader, may direct the
    Clerk also to place the bill on the ``Corrections Calendar.'' At any
    time on the second and fourth Tuesdays of a month, the Speaker may
    direct the Clerk to call a bill that is printed on the Corrections
    Calendar.
      (b) A bill called from the Corrections Calendar shall be considered in
    the House, is debatable for one hour equally divided and controlled by
    the chairman and ranking minority member of the primary committee of
    jurisdiction, and shall not be subject to amendment except those
    recommended by the primary committee of jurisdiction or offered by the
    chairman of the primary committee or a designee. The previous question
    shall be considered as ordered on the bill and any amendments thereto to
    final passage with

    [[Page [663]]]

    out intervening motion except one motion to recommit with or without
    instructions.
      (c) The approval of three-fifths of the Members voting, a quorum being
    present, shall be required to pass a bill called from the Corrections
    Calendar. The rejection of a bill so called, or the sustaining of a
    point of order against it or against its consideration, does not cause
    its removal from the Calendar to which it was originally referred.

      This clause (former clause 4 of rule XIII) was amended in the 104th
    Congress to abolish the Consent Calendar and establish in its place a
    Corrections Calendar (H. Res. 168, June 20, 1995, p. 16574). Later in
    the 104th Congress several technical changes were effected, and
    paragraph (b) was amended to admit amendments by a designee of the
    chairman of the primary committee (H. Res. 254, Nov. 30, 1995, p.
    14974). In the 105th Congress paragraph (a) was amended to permit bills
    to be called from the Calendar at any time on a ``corrections day'' and
    in any order (H. Res. 5, Jan. 7, 1997, p. 121). In the 107th Congress
    paragraph (a) was amended to delete the requirement that a bill be on
    the Corrections Calendar for three days before being called therefrom
    (sec. 2(n), H. Res. 5, Jan. 3, 2001, p. ----). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 4 of rule XIII (H. Res. 5, Jan. 6, 1999, p. ----). The
    House may by unanimous consent direct the call of the Corrections
    Calendar on a day other than a ``corrections day'' (June 24, 1996, p.
    14974). In the 105th Congress the House established a Corrections
    Calendar Office to assist the Speaker in management of the Calendar (H.
    Res. 7, Jan. 7, 1997, p. 142; 2 U.S.C. 74d; see Sec. 1124, infra).

      The <> original form of
    former clause 4 of rule XIII, providing for the former Consent Calendar,
    was adopted March 15, 1909, amended January 18, 1924; December 7, 1925;
    December 8, 1931; and April 23, 1932 (VII, 972). Bills must have been on
    the printed calendar three legislative working days in order to be
    eligible for consideration (VII, 992, 994). When a House bill was on the
    Consent Calendar, by unanimous consent the House committee could have
    been discharged from the consideration of a Senate bill on the same
    subject, and the Senate bill considered in lieu of the House bill (VII,
    1004). The status of bills on the Consent Calendar was not affected by
    their consideration from another calendar and such bills could have been
    called up for consideration from the Consent Calendar while pending as
    unfinished business in the House or Committee of the Whole (VII, 1006).

    [[Page [664]]]

      The former rule did not preclude the Speaker from recognizing Members
    to suspend the rules before completion of the Consent Calendar (decided
    by the House, VIII, 3405; also held by Speaker Clark, Oct. 5, 1914, p.
    16182, and by Speaker Gillett, Sept. 4, 1919, p. 5128). Recognition to
    suspend the rules did not preclude the continuation of the call of the
    calendar later in the day (VII, 991). The call of the Consent Calendar
    on days devoted to its consideration took precedence of the motion to go
    into the Committee of the Whole to consider revenue or appropriation
    bills (VII, 986), and a contested-election case could not supplant the
    call of the Calendar (VII, 988), but the Speaker could recognize a
    Member to call up a conference report before directing the call of the
    Consent Calendar (May 4, 1970, pp. 13991-95).

    Calendar Call of Committees, Wednesdays
      7. (a) <> On Wednesday of
    each week, business shall not be in order before completion of the call
    of the committees (except as provided by clause 4 of rule XIV) unless
    two-thirds of the Members voting, a quorum being present, agree to a
    motion that the House dispense with the call. Such a motion shall be
    privileged. Debate on such a motion shall be limited to five minutes in
    support and five minutes in opposition.
      (b) A bill or resolution on either the House or the Union Calendar,
    except bills or resolutions that are privileged under the Rules of the
    House, may be called under this clause. A bill or resolution called up
    from the Union Calendar shall be considered in the Committee of the
    Whole House on the state of the Union without motion, subject to clause
    3 of rule XVI. General debate on a measure considered under this clause
    shall be confined to the measure and may not exceed two hours equally
    divided between a proponent and an opponent.

    [[Page [665]]]

      (c) When a committee has occupied the call under this clause on one
    Wednesday, it shall not be in order on a succeeding Wednesday to
    consider unfinished business previously called up by that committee
    until the other committees have been called in their turn unless--
          (1) the previous question has been ordered on such unfinished
    business; or
          (2) the House adopts a motion to dispense with the call under
    paragraph (a).
      (d) If any committee has not been called under this clause during a
    session of a Congress, then at the next session of that Congress the
    call shall resume where it left off at the end of the preceding session.
      (e) This rule does not apply during the last two weeks of a session of
    Congress.
      (f) The Speaker may not entertain a motion for a recess on a Wednesday
    except during the last two weeks of a session of Congress.

      The first <> portion
    of this rule (former clause 7 of rule XXIV) was adopted March 1, 1909,
    and amended March 15, 1909. The last sentence of paragraph (b) (first
    proviso of former clause 7 of rule XXIV) and paragraph (c) (second
    proviso of former clause 7 of rule XXIV) were adopted January 18, 1916.
    Paragraph (d) (the last proviso of former clause 7 of rule XXIV) was
    adopted December 8, 1931 (VII, 881), and was amended in the 102d
    Congress to specify that the alphabetical call of the committees under
    Calendar Wednesday resumes where left off between sessions within a
    Congress (H. Res. 5, Jan. 3, 1991, p. 39). The rule applies to
    unprivileged bills only, and when a bill otherwise unprivileged is given
    a privileged status by unanimous consent or by rule it is automatically
    rendered ineligible for consideration on Calendar Wednesday (VII, 932-
    935). House Calendar bills have no preference over Union Calendar bills
    (VII, 938). The motion to dispense with a call of committees under this
    rule is privileged and may be made prior to the consideration of
    District of Columbia business under clause 4 of this rule (June 11,
    1973, pp. 19028-30).

    [[Page [666]]]

      When a bill on the Union Calendar is called up on Calendar Wednesday
    the House automatically resolves itself into the Committee of the Whole
    House on the state of the Union (VII, 939; Jan. 25, 1984, p. 358), and
    when a Union Calendar bill is the unfinished business the Speaker
    declares the House in Committee of the Whole without motion (VII, 940,
    942).
      The question of consideration may be raised on a bill on the House
    Calendar on Calendar Wednesday, even after one Wednesday has been
    devoted to its consideration (VIII, 2447), and the question of
    consideration is properly raised on Union Calendar bills in the House
    before automatically going into Committee of the Whole House on the
    state of the Union (VII, 952).
      During the 61st and 62d Congresses it was held that the call of
    committees rested where the call left off on the preceding day, whether
    the last call was on a Wednesday or during the morning hour on another
    day, thus making but one committee call under the two rules. But under
    the later practice there have been two distinct calls of committees, one
    under clause 4 of rule XIV (former clause 4 of rule XXIV), the morning
    hour, and another under Calendar Wednesday (VII, 944). Prior to the
    adoption of paragraph (c) (the second proviso of former clause 7 of rule
    XXIV), it was held that one committee could not occupy more than two
    Calendar Wednesdays (except for unfinished business) until other
    committees were called, notwithstanding the fact that the call rested on
    said committee (VII, 944), but the adoption of the second proviso of the
    rule has defined the status of debate and unfinished business more
    explicitly. It was formerly held that a bill undisposed of on Calendar
    Wednesday became the unfinished business on the following Calendar
    Wednesday (VII, 965), but since the adoption of paragraph (c) (the
    second proviso of former clause 7 of rule XXIV), one committee can
    occupy but one Calendar Wednesday for the consideration of its business
    (unless the House by two-thirds vote shall otherwise determine).
      The same rule of debate applies to House Calendar bills called up on
    Calendar Wednesday as on other days, and the Member in charge of the
    bill may move the previous question at any time (VII, 955).
      The previous question having been ordered on a bill undisposed of when
    the House adjourns Tuesday, the bill goes over as unfinished business
    until Thursday, and is not in order for consideration on Calendar
    Wednesday (VII, 890-894). The previous question having been ordered on a
    bill on Calendar Wednesday, the bill becomes the unfinished business on
    Thursday (VII, 895, 967).
      It is in order to consider a vetoed bill on Calendar Wednesday, since
    such a question is privileged under the Constitution of the United
    States (VII, 912), but a bill privileged by reason of the Rules of the
    House cannot be called up on Calendar Wednesday (VII, 932); for example,
    a general appropriation bill (VII, 904), or a bill under consideration
    by reason of a special order, unless the special order expressly sets
    aside Calendar Wednesday (VII, 773), or a conference report (VII, 899).
    A motion to reconsider an action taken on a bill on Tuesday may be
    entered, but may not

    [[Page [667]]]

    be considered on Calendar Wednesday (VII, 905). Privileged bills may be
    reported but not considered on Calendar Wednesday (VII, 907), except by
    unanimous consent (Jan. 25, 1984, p. 357). The Speaker has entertained a
    unanimous-consent request for business (to send a bill to conference)
    before the call of committees on Calendar Wednesday (Mar. 28, 1984, p.
    6869). District of Columbia business is eligible for consideration on
    Calendar Wednesday (VII, 937). Once the call of committees on Calendar
    Wednesday is completed, other business may be conducted (VII, 921).
      The Committee on Rules cannot report a rule which is aimed strictly or
    directly toward setting aside Calendar Wednesday, but the committee is
    not thereby prevented from reporting a resolution couched in general
    terms which may indirectly accomplish that ultimate result, such as a
    resolution providing for six days' suspension of the rules (VIII, 2267).
      The motion to grant a committee an additional Wednesday under
    paragraph (c) (the second proviso of former clause 7 of rule XXIV) is in
    order prior to the Wednesday on which the committee is called (VII,
    946).
      It has been held that if no Member opposed to the bill desires to
    claim the hour specified in the rule for general debate against the
    bill, the time may be claimed by some Member who is in favor of the bill
    (VII, 962), but this principle has been questioned (VII, 961).
      Clause 2(b) of rule XIII (former clause 2(l)(1) of rule XI), requiring
    the chairman of each committee to report or cause to be reported
    promptly measures approved by his committee and to take such necessary
    steps to bring the matter to a vote, is sufficient authority for the
    chairman to call up a bill on Calendar Wednesday, but any other
    committee member must obtain specific authority of his committee to call
    up a reported bill on Calendar Wednesday (VII, 928, 929; Feb. 22, 1950,
    p. 2162; Feb. 1, 1984, p. 1193; Sept. 12, 1984, p. 25100). Prior to the
    Legislative Reorganization Act of 1946 and the subsequent adoption of
    former clause 2(l)(1)(A) of rule XI, authority to call up a bill on
    Calendar Wednesday must have been given to a chairman by his committee
    (IV, 3127). A Member not authorized to do so may not call up such bill
    under the Calendar Wednesday rule (VII, 928, 929).

    [DOCID:hd284-117]
                                    Rule XVI

    [DOCID:hd284-118]
                             motions and amendments

    Motions
      1. <> Every motion entertained by the Speaker shall be reduced to
    writing on the demand of a Member, Delegate, or Resident Commissioner
    and, unless it is withdrawn the same day, shall be entered

    [[Page [668]]]

    on the Journal with the name of the Member, Delegate, or Resident
    Commissioner offering it. A dilatory motion may not be entertained by
    the Speaker.

      The first sentence of this clause was made up in 1880 of old rules
    adopted in 1789 and 1806 (V, 5300). The last sentence of this clause
    (former clause 10 of rule XVI) was adopted in 1890 (V, 5706) to make
    permanent a principle already enunciated in a ruling of the Speaker, who
    had declared that the ``object of a parliamentary body is action, and
    not stoppage of action'' (V, 5713). When the House recodified its rules,
    it consolidated clause 1 and former clause 10 of rule XVI under this
    clause (H. Res. 5, Jan. 6, 1999, p. ----).
      Because of this provision it has been held not in order to amend or
    strike out a Journal entry setting forth a motion exactly as made (IV,
    2783, 2789). A motion not entertained is not entered on the Journal (IV,
    2813, 2844-2846). See Sec. 71, supra, for discussion of Journal entries.
    Any Member may demand that a motion be reduced to writing and in the
    proper form, including the motion to adjourn (Sept. 27, 1993, p. 22608;
    Jan. 4, 1995, p. 509), and the demand may be initiated by the Chair
    (July 24, 1986, p. 17641). Consistent with this clause, the Chairman of
    the Committee of the Whole requires that each amendment be reduced to
    writing (July 22, 1994, p. 17617). Although a motion to recommit is
    properly presented in writing, no rule requires that the proponent
    distribute copies on the floor (June 28, 2000. p. ----).
      The <> Speaker has declined to
    entertain debate or appeal on a question as to the dilatoriness of a
    motion, as to do so would be to nullify the rule (V, 5731); but has
    recognized that the authority conferred by the rule should not be
    exercised until the object of the dilatory motion ``becomes apparent to
    the House'' (V, 5713-5714). For example, the Chair has held that a
    virtually consecutive invocation of former rule XXX (current clause 6 of
    rule XVII), resulting in a second pair of votes on use of a chart and on
    reconsideration thereof, was not dilatory under this provision (or
    former clause 4(b) of rule XI (current clause 6(b) of rule XIII)) (July
    31, 1996, p. 20700). Usually, but not always, the Speaker awaits a point
    of order from the floor before acting (V, 5715-5722). The rule has been
    applied to the motions to adjourn (V, 5721, 5731-5733; VIII, 2796,
    2813), to reconsider (V, 5735; VIII, 2797, 2815, 2822), to fix the time
    of five-minute debate in Committee of the Whole (V, 5734; VIII, 2817),
    and to lay on the table (VIII, 2816); and to the question of
    consideration (V, 5731-5733). The point of ``no quorum'' has also been
    ruled out (V, 5724-5730; VIII, 2801, 2808), and former clause 6 of rule
    XV (current clause 7 of rule XX), as adopted in the 93d Congress and as
    amended in the 95th Congress prevents the making of a point of no quorum
    under certain circumstances. A demand for tellers has been

    [[Page [669]]]

    held dilatory (V, 5735, 5736; VIII, 2436, 2818-2821); but the
    constitutional right of the Member to demand the yeas and nays may not
    be overruled (V, 5737; VIII, 3107). (For ruling by Speaker Gillett
    construing dilatory motions, see VIII, 2804.) See also Sec. 857, supra,
    for discussion of dilatory motions pending consideration of Rules
    Committee report, and Sec. Sec. 857-858, supra, for rule prohibiting
    offering of dilatory amendments printed in the Record.

    Withdrawal
      2. <> When a motion
    is entertained, the Speaker shall state it or cause it to be read aloud
    by the Clerk before it is debated. The motion then shall be in the
    possession of the House but may be withdrawn at any time before a
    decision or amendment thereon.

      The provisions of this clause were adopted first in 1789. At that time
    a second was required for every motion, but in practice this requirement
    became obsolete very early, and it was dropped from the rule in 1880 (V,
    5304). Clerical and stylistic changes were effected when the House
    recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p.
    ----).
      The House always insists that the motion shall be stated or read
    before debate shall begin (V, 4983) and the Clerk's reading may be
    dispensed with only by unanimous consent (Dec. 15, 1975, p. 40671; see
    also Sec. 432, supra). It is the duty of the Speaker to put a motion in
    order under the rules and practice without passing on its constitutional
    effect (IV, 3550; VIII, 2225, 3031, 3071, 3427). In a case wherein a
    clerk presiding during organization of the House declined to put a
    question, a Member-elect put the question from the floor (I, 67).
      Under certain circumstances, a Member may make a double motion (V,
    5637).
      A motion <> may
    be withdrawn at any time before a decision thereon, including a motion
    to instruct conferees (Oct. 31, 2000, p. ----) and a contempt resolution
    (Oct. 27, 2000, p. ----). Unanimous consent is not required to withdraw
    a pending unanimous-consent request (Dec. 16, 1985, p. 36575).
      While the House was dividing on a second of the previous question
    (this second is no longer required) on a motion to refer a resolution,
    the Member was permitted to withdraw the resolution (V, 5350). A motion
    was withdrawn after the previous question had been ordered on an appeal
    from a decision on a point of order as to the motion (V, 5356).

    [[Page [670]]]

      A motion to suspend the rules could be withdrawn at any time before a
    second was ordered (a second is no longer required) (V, 6844; VIII,
    3405, 3419), even on another suspension day (V, 6844). However, the
    motion could not be withdrawn if a second were ordered, except by
    unanimous consent (VIII, 3420). In the modern practice, where a second
    is not required on a motion to suspend the rules, the motion may be
    withdrawn at any time before action is taken thereon (July 27, 1981, p.
    17563).
      A motion may be withdrawn although an amendment has been offered and
    is pending (V, 5347; VI, 373; VIII, 2639). In the House an amendment,
    whether simple or in the nature of a substitute, may be withdrawn at any
    time before an amendment is adopted thereto or a decision is had thereon
    (VI, 587; VIII, 2332, 2764). The same right to withdraw an amendment
    exists in the House as in Committee of the Whole (IV, 4935; June 26,
    1973, p. 21315) and in standing committees where general procedures of
    the House as in the Committee of the Whole apply (Sec. 427, supra).
    However, unanimous consent to withdraw an amendment is required in
    Committee of the Whole (V, 5221, 5753; VI, 570; VIII, 2465, 2859, 3405),
    unless withdrawal authority has been conferred by the House (July 22,
    1999, p. ----; Apr. 3, 2003, p. ----).
      A motion may be withdrawn after the affirmative side has been taken on
    a division (V, 5348). Withdrawal of a pending resolution is not in order
    when the absence of a quorum has been announced by the Chair (Oct. 14,
    1970, pp. 36665-69). A motion that the House resolve into the Committee
    of the Whole for the consideration of a bill may be withdrawn pending a
    point of order against consideration of the bill. If the motion is
    withdrawn, the Chair is not obligated to rule on the point of order
    (VIII, 3405; Dec. 3, 1979, p. 34385).
      A decision which prevents withdrawal may consist of the following: (1)
    the ordering of the yeas and nays (V, 5353), either directly on the
    motion or on a motion to lay it on the table (V, 5354); (2) the ordering
    of the previous question (V, 5355; June 29, 1995, p. 17967), or the
    demand therefor (V, 5489), or (3) the refusal to lay on the table (V,
    5351, 5352; VIII, 2640).
      Where the Speaker has put the question on adoption of a resolution to
    a voice vote without the ordering of the previous question, and the yeas
    and nays have not been ordered, the resolution may be withdrawn (V,
    5349; Feb. 26, 1985, p. 3501). A privileged resolution called up in the
    House is debated under the hour rule; and the Member calling up such a
    resolution is recognized for an hour notwithstanding the fact that the
    resolution has been previously considered, debated, and then withdrawn
    before action thereon (Apr. 8, 1964, pp. 7303-08).
      Where proceedings are postponed on a motion for the previous question
    pending a point of no quorum on a voice vote thereon (pursuant to former
    clause 5 of rule I (current clause 8 of rule XX)), the manager may
    withdraw the motion when it is again before the House as unfinished
    business (July 24, 1989, p. 15818).

    [[Page [671]]]

      A Member having the right to withdraw a motion before a decision
    thereon has the resulting power to modify the motion (V, 5358; Oct. 23,
    1990, p. 32667), and a Member having the right to withdraw a motion to
    instruct conferees before a decision thereon has the resulting power to
    modify the motion by offering a different motion at the same stage of
    proceedings (July 14, 1993, p. 15661). A motion being withdrawn, all
    proceedings on an appeal arising from a point of order related to it
    fell thereby (V, 5356).

    Question of consideration
      3. <> When a motion or
    proposition is entertained, the question, ``Will the House now consider
    it?'' may not be put unless demanded by a Member, Delegate, or Resident
    Commissioner.

      The question of consideration is an outgrowth of the practice of the
    House, and was in use as early as 1808. The rule was adopted in 1817 in
    order to limit its use. Clerical and stylistic changes were effected
    when the House recodified its rules in the 106th Congress (H. Res. 5,
    Jan. 6, 1999, p. ----). It is the means by which the House protects
    itself from business that it does not wish to consider (V, 4936; VIII,
    2436). The refusal to consider does not amount to the rejection of a
    bill or prevent its being brought before the House again (V, 4940), and
    an affirmative vote does not prevent the question of consideration from
    being raised on a subsequent day when the bill is again called up as
    unfinished business (VIII, 2438). It has once been held that a question
    of privilege which the House has refused to consider may be brought up
    again on the same day (V, 4942). The question of consideration is not
    debatable (VIII, 2447), and thus not subject to the motion to lay on the
    table (Oct. 4, 1994, p. 27643). See also clause 6 of rule XIV (Sec. 884,
    supra), which provides that questions relating to the priority of
    business are not debatable.
      A <> Member
    may demand the question of consideration, although the Member in charge
    of the bill may claim the floor for debate (V, 4944, 4945; VI, 404); but
    after debate has begun the demand may not be made (V, 4937-4939). It has
    been admitted, however, after the making of a motion to lay on the table
    (V, 4943). The demand for the question of consideration may not be
    prevented by a motion for the previous question (V, 5478), but after the
    previous question is ordered it may not be demanded (V, 4965, 4966),
    even on another day, unless other business has intervened (V, 4967,
    4968). The question of consideration being pending, a motion to refer is
    not in order (V, 5554).
      The intervention of an adjournment does not destroy the right to raise
    the question of consideration (V, 4946), but this right did not hold
    good in a case where the yeas and nays had been ordered and the House
    had

    [[Page [672]]]

    adjourned pending the failure of a quorum on the roll call (V, 4949). A
    question of consideration undisposed of at an adjournment does not recur
    as unfinished business on a succeeding day (V, 4947, 4948). It is not in
    order to reconsider the vote whereby the House refuses to consider a
    bill (V, 5626, 5627), although it is in order to reconsider an
    affirmative vote on the question of consideration (Oct. 4, 1994, p.
    27644).
      The <> question of consideration may be demanded against a
    matter of the highest privilege, such as the right of a Member to his
    seat (V, 4941), a question involving the privilege of the House (VI,
    560), against the motion to reconsider (VIII, 2437), but not against a
    bill returned with the President's objection (V, 4960, 4970). It may not
    be raised against a proposition before the House for reference merely,
    as a petition (V, 4964). It may not be demanded against a class of
    business in order under a special order or rule, but may be demanded
    against each bill individually (IV, 3308, 3309; V, 4958, 4959). It may
    be raised against a bill that has been made a special order (IV, 3175;
    V, 4953-4957), unless the order provides for immediate consideration (V,
    4960) or provides for the Speaker's declaration that the House resolve
    into the Committee of the Whole under clause 2 of rule XVIII. The
    question may be raised against a bill on the Union Calendar on Calendar
    Wednesday before resolving into the Committee of the Whole even after
    one Wednesday has been devoted to it (VIII, 2447); but it may not be
    raised against a report from the Committee on Rules relating to the
    order of considering individual bills (V, 4961-4963; VIII, 2440, 2441,
    see Sec. 858, supra).
      The question of consideration may not be raised on a motion relating
    to the order of business (V, 4971-4976; VIII, 2442; May 21, 1958, p.
    9216); to a motion to discharge a committee (V, 4977); or against a
    motion to take from the Speaker's table Senate bills substantially the
    same as House bills already favorably reported and on the House Calendar
    (VIII, 2443). On a motion to go into Committee of the Whole to consider
    a bill the House expresses its wish as to consideration by its vote on
    this motion (V, 4973-4976; VI, 51; VIII, 2442; May 21, 1958, p. 9216).
      A <> point of order against the eligibility for consideration of a
    bill which if sustained might prevent consideration should be made and
    decided before the question of consideration is put (V, 4950, 4951; VII,
    2439), but if the point relates merely to the manner of considering, it
    should be passed on afterwards (V, 4950). In general, after the House
    has decided to consider, a point of order raised with the object of
    preventing consideration, in whole or part, comes too late (IV, 4598; V,
    4952, 6912-6914), but on a conference report the question of
    consideration may be demanded before points of order are raised against
    the substance of the report (VIII, 2439; Speaker Albert, Sept. 28, 1976,
    p. 33019).

    [[Page [673]]]

      The <> Unfunded Mandates Reform
    Act of 1995 (P.L. 104-4; 109 Stat. 48) added a new part B to title IV of
    the Congressional Budget Act of 1974 (2 U.S.C. 658-658g) that imposes
    several requirements on committees with respect to ``Federal mandates''
    (secs. 423-424; 2 U.S.C. 658b-c), establishes points of order to to
    permit separate votes on whether to enforce those requirements (sec.
    425; 2 U.S.C. 658d), and permits a vote on the question of consideration
    of a rule or order waiving such points of order in the House (sec.
    426(a); 2 U.S.C. 658e(a)). The latter provision also prescribes that
    such points of order be disposed of by the question of consideration
    with respect to the proposition against which they are lodged (after 20
    minutes of debate) (sec. 426(b); 2 U.S.C. 658e(b)). See Sec. 1127,
    infra.

    Precedence of motions
      4. <> (a) When a
    question is under debate, only the following motions may be entertained
    (which shall have precedence in the following order):
          (1) To adjourn.
          (2) To lay on the table.
          (3) For the previous question.
          (4) To postpone to a day certain.
          (5) To refer.
          (6) To amend.
          (7) To postpone indefinitely.
      (b) A motion to adjourn, to lay on the table, or for the previous
    question shall be decided without debate. A motion to postpone to a day
    certain, to refer, or to postpone indefinitely, being decided, may not
    be allowed again on the same day at the same stage of the question.
      (c)(1) It shall be in order at any time for the Speaker, in his
    discretion, to entertain a motion--
          (A) that the Speaker be authorized to declare a recess; or

    [[Page [674]]]

          (B) that when the House adjourns it stand adjourned to a day and
    time certain.
      (2) Either motion shall be of equal privilege with the motion to
    adjourn and shall be decided without debate.

      The first form of this clause appears in 1789, but amendments have
    been made at various times (V, 5301; VIII, 2757). Paragraph (c) (former
    final two sentences of the clause) were added in the 93d Congress to
    enable a privileged, nondebatable motion to fix the adjournment (H. Res.
    6, Jan. 3, 1973, pp. 26-27), and amended in the 102d Congress to enable
    a privileged, nondebatable motion for recess authority (H. Res. 5, Jan.
    3, 1991, p. 39). When the House recodified its rules in the 106th
    Congress, the provision of this clause addressing the motion for the
    previous question was transferred to clause 2 of rule XIX (H. Res. 5,
    Jan. 6, 1999, p. ----).
      The application of the first sentence of the clause is confined to
    cases wherein a question is ``under debate'' (V, 5379). It has been held
    that a question ceases to be ``under debate'' after the previous
    question has been ordered (V, 5415). For a discussion of the motion for
    the previous question, see Sec. Sec. 994-1000, infra.
      The <> motion to adjourn not
    only has the highest precedence when a question is under debate, but,
    with certain restrictions, it has the highest privilege under all other
    conditions. Even questions of privilege (III, 2521), such as a motion
    privileged under the Constitution (VIII, 2641), the filing of a
    privileged report pursuant to former clause 4(a) of rule XI (current
    clause 5 of rule XIII) (Apr. 29, 1985, p. 9699), a motion to suspend the
    rules (Aug. 11, 1992, p. 23086), and the motion to reconsider yield to
    it (V, 5605), and a conference report may defer it only until the report
    is before the House (V, 6451-6453). Pursuant to clause 6(b) of rule XIII
    or clause 1(b) of rule XV, only one motion to adjourn is in order,
    pending consideration of a privileged report from the Committee on Rules
    or a motion that the House suspend the rules, respectively. The motion
    may be made: (1) after the yeas and nays are ordered and before the roll
    call has begun (V, 5366); (2) before the reading of the Journal (IV,
    2757) or the Speaker's approval thereof (Speaker Wright, Nov. 2, 1987,
    p. 30386); (3) pending a motion to reconsider (Sept. 20, 1979, p.
    25512); (4) after the House rejects a motion to table a motion to
    instruct conferees and before the vote occurs on the motion to instruct
    (May 29, 1980, pp. 12717-19); or (5) when the Speaker is absent and the
    Clerk is presiding (I, 228). The motion takes precedence over: (1) in
    the absence of a quorum, the motion for a call of the House (VIII,
    2642); (2) a motion to dispense with further proceedings under the call
    (VIII, 2643); and (3) a motion directing the Sergeant-at-Arms to arrest
    absentees during a call of the House (June 6, 1973, p. 18403). The
    motion to adjourn may not interrupt a Member who has the floor (V, 5369,
    5370;

    [[Page [675]]]

    VIII, 2646; Mar. 25, 1993, p. 6373; Oct. 1, 1997, p. ----) as, for
    example, by virtue of unanimous-consent permission to announce to the
    House the legislative program (Dec. 14, 1982, p. 30549), or a call of
    the yeas and nays (V, 6053), or the actual act of voting by other means
    (V, 5360), or be made after the House has voted to go into Committee of
    the Whole (IV, 4728; V, 5367, 5368), or defer the right of a Member to
    take the oath (I, 622) and may not be repeated in the absence of
    intervening business (Speaker Albert, July 31, 1975, p. 26243); and when
    no question is under debate it may not displace a motion to fix the day
    to which the House shall adjourn (V, 5381). The motion to adjourn is not
    available when the previous question has been ordered by special rule to
    final passage without intervening motion (IV, 3211-3213, June 14, 2001,
    p. ----; Apr. 18, 2002, p. ----). A Member's mere revelation that he
    seeks to offer a motion to adjourn does not suffice to make that motion
    ``pending,'' and thus the Chair remains able to declare a short recess
    under clause 12 of rule I (Oct. 28, 1997, p. ----; June 25, 2003, p. --
    --).
      When the House has fixed the hour of daily meeting, the simple motion
    to adjourn may neither be amended (V, 5754) by specifying a particular
    day (V, 5360) or hour (V, 5364) (but see Sec. 913, infra, for a
    discussion of the equally privileged motion to fix the day and time to
    which the House shall adjourn); nor by stating the purposes of
    adjournment (V, 5371, 5372; VIII, 2647). However, when the hour of daily
    meeting is not fixed, the motion to adjourn may fix it (V, 5362, 5363).
    A motion to adjourn is in order in simple form only (VIII, 2647), is not
    debatable (V, 5359; Feb. 13, 2002, p. ----), may not be laid on the
    table (Aug. 3, 1990, p. 22195), is not in order in Committee of the
    Whole (IV, 4716), and is not entertained when the Committee of the Whole
    rises to report proceedings incident to securing a quorum (VI, 673;
    VIII, 2436). After the motion is made neither another motion nor an
    appeal may intervene before the taking of the vote (V, 5361). When the
    House adopts the motion to adjourn, it must adjourn immediately; and a
    unanimous-consent request that the House proceed to the calling of
    special-order speeches is not in order (Sept. 27, 1993, p. 22608).
      The <> motion to fix the day and time to which the House shall
    adjourn, in its present form, was included in this clause of rule XVI
    and given privileged status in the 93d Congress (H. Res. 6, Jan. 3,
    1973, p. 26). At several times during the 19th Century, the motion to
    fix the day to which the House should adjourn was included within the
    rule as to the precedence of motions but was dropped because of its use
    in obstructive tactics (V, 5301, 5379). The following precedent relates
    to the use of the motion in its earlier form: No question being under
    debate, a motion to fix the day to which the House should adjourn,
    already made, was held not to give way to a motion to adjourn (V, 5381).
    But if the motion to adjourn be made first, the motion to fix the day or
    for a recess is not entertained (V, 5302). The motion to fix the day is
    not

    [[Page [676]]]

    debatable (V, 5379, 5380; VIII, 2648, 3367), requires a quorum for
    adoption (IV, 2954; June 19, 1975, p. 19789; June 22, 1976, p. 19755),
    and is only in order if offered on the day on which the adjournment
    applies (Sept. 23, 1976, p. 32104). The House may convene and adjourn
    twice on the same calendar day pursuant to a motion under this clause
    that when the House adjourn it adjourn to a time certain later in the
    day, thereby meeting for two legislative days on the same calendar day
    (Nov. 17, 1981, p. 27771; Oct. 29, 1987, p. 29933; June 29, 1995, p.
    17716). When the Speaker exercises his discretion to entertain at any
    time a motion that when the House adjourn it stand adjourned to a day
    and time certain, the motion is of equal privilege with the simple
    motion to adjourn and takes precedence over a pending question on which
    the vote has been objected to for lack of a quorum (Nov. 17, 1981, p.
    27770). The motion is not subject to the motion to lay on the table
    since it is not debatable and the precedence conferred on the motion to
    table only applies to a question that is ``under debate'' (Nov. 17,
    1981, p. 27770).
      Under the express terms of clause 4, the motion to authorize the
    Speaker to declare a recess is nondebatable and has equal privilege with
    the motion to adjourn. The House (without the consent of the Senate) may
    authorize the Speaker to declare a recess for up to three days (Dec. 15,
    1995, p. 37102).
      The <> motion to lay on
    the table is used in the House for a final, adverse disposition of a
    matter without debate (V, 5389), and is in order before the Member
    entitled to prior recognition for debate has begun his remarks (V, 5391-
    5395; VIII, 2649, 2650). Under the explicit terms of this clause, the
    motion is not debatable (Oct. 17, 1991, p. 26749). The motion is
    applicable to a motion to reconsider (VIII, 2652, 2659), a motion to
    postpone to a day certain (VIII, 2654, 2657), a resolution presenting a
    question of privilege (VI, 560), a privileged resolution offered at the
    direction of a party caucus electing Members to committees (Feb. 5,
    1997, p. ----), an appeal from a decision of the Chair (VIII, 3453), a
    motion to discharge a committee from a resolution of inquiry (VI, 415),
    a proposal to investigate with a view to impeachment (VI, 541), a
    concurrent resolution to adjourn sine die (Mar. 27, 1936, p. 4512), and
    a resolution to expel a Member (Oct. 1, 1976, p. 35111). But a question
    of privilege (affecting the right of a Member to a seat) that has been
    laid on the table may be taken therefrom on motion made and agreed to by
    the House (V, 5438). The motion to lay on the table has the precedence
    given it by the rule, but may not be made after the previous question is
    ordered (V, 5415-5422; VIII, 2655), or even after the yeas and nays have
    been ordered on the demand for the previous question (V, 5408, 5409);
    but pending the demand for the previous question on a motion that is
    under debate, the motion to lay the primary motion on the table is
    preferential and is voted on first (Speaker Albert, Sept. 22, 1976, pp.
    31876-82; Speaker O'Neill, July 10, 1985, pp. 18397-18400). The previous
    question having been ordered on a bill to final passage, the motion

    [[Page [677]]]

    to lay the bill on the table may not then be offered pending a motion to
    reconsider the vote whereby the bill had been passed or rejected (Sept.
    20, 1979, p. 25512).
      When a bill is laid on the table, pending motions connected therewith
    go to the table also (V, 5426, 5427); and when a proposed amendment is
    laid on the table the pending bill goes there also (V, 5423; VIII,
    2656), and if a pending amendment to a special order reported from the
    Committee on Rules were tabled, it would carry the resolution with it
    and is thus considered dilatory under former clause 4(b) of rule XI
    (current clause 6(b) of rule XIII) (Sept. 25, 1990, p. 25575). This rule
    holds good as to a House bill with Senate amendments (V, 5424, 6201-
    6203; Sept. 28, 1978, p. 32334), but laying on the table the motion to
    postpone consideration of Senate amendments was held not to carry to the
    table pending motions for their disposition (VIII, 2657). The Journal
    does not accompany a proposed amendment to the table (V, 5435, 5436);
    the original question does not accompany an appeal (V, 5434); a
    resolution does not accompany another resolution with which it is
    connected, or a preamble (V, 5248, 5430); and a petition does not
    accompany the motion to receive it when the latter is laid on the table
    (V, 5431-5433); a bill does not accompany a motion to instruct conferees
    which is laid on the table (VIII, 2658).
      A motion to lay on the table a motion to reconsider the vote by which
    an amendment to a resolution had been agreed to would not carry the
    resolution to the table (VIII, 2652).
      The motion is not in order in Committee of the Whole (IV, 4719, 4720;
    VIII, 2330, 2556a, 3455; Mar. 16, 1995, p. 8112; July 21, 1999, p. ----
    ), or on motions to go into the Committee of the Whole (VI, 726). It may
    not be amended (V, 5754), for example, to operate for a specified time
    (Oct. 17, 1991, p. 26749), or applied to the motions for adjournment
    (Aug. 3, 1990, p. 22195), the previous question (V, 5410, 5411; Oct. 4,
    1994, p. 27649), to suspend the rules (V, 5405), to commit after the
    previous question is ordered (V, 5412-5414; VIII, 2653, 2655), or to any
    motion relating to the order of business (V, 5403, 5404). It may not be
    applied to a motion to discharge a committee under former clause 3 of
    rule XXVII (current clause 2 of rule XV) (June 11, 1945, p. 5892) but
    may be applied to the motion to discharge a committee from consideration
    of a resolution of inquiry (V, 5407). It is generally not applicable to
    motions that are neither debatable nor amendable and hence cannot be
    applied to a motion to dispense with further proceedings under a call of
    the House (Speaker McCormack, Aug. 27, 1962, pp. 17651-54), or to a
    motion that when the House adjourn it stand adjourned to a day and time
    certain (Nov. 17, 1981, p. 27770). The motion to lay on the table is
    applicable to debatable secondary or privileged motions for disposal of
    another matter; thus a motion to refer (V, 5433; Aug. 13, 1982, pp.
    20969, 20975-78) or a motion to recede and concur in a Senate amendment
    in disagreement may be laid on the table (Speaker O'Neill, Feb. 22,
    1978, p. 4072) without carrying the pending

    [[Page [678]]]

    matter to the table. The motion is not applicable to a conference report
    (V, 6540).
       <> The
    precedents relating to the motion for the previous question are
    annotated in Sec. Sec. 994-1000.
      As <> indicated in the rule,
    the motions to postpone are two in number and distinct. The first one is
    to postpone to a day certain, and the second one is to postpone
    indefinitely. Each must apply to the whole and not a part of the pending
    proposition (V, 5306). Neither may be entertained after the previous
    question is ordered (V, 5319-5321; VIII, 2616, 2617), or be applied to a
    special order providing for the consideration of a class of bills (V,
    4958); but when a bill comes before the House under the terms of a
    special order that assigns a day merely, a motion to postpone may be
    applied to the bill (IV, 3177-3182). Business postponed to a day certain
    is in order on that day immediately after the approval of the Journal
    and disposition of business on the Speaker's table, unless displaced by
    more highly privileged business (VIII, 2614). Where consideration of a
    measure postponed to a day certain resumes as unfinished business in the
    House, recognition for debate does not begin anew but recommences from
    the point where it was interrupted (June 10, 1980, p. 13801). It is not
    in order to postpone pending business to Calendar Wednesday (VIII,
    2614), but if so postponed by consent, when consideration is concluded
    on that Wednesday, the remainder of the day is devoted to business in
    order under the Calendar Wednesday rule (VII, 970). The motion is not
    available in Committee of the Whole (July 14, 1998, p. ----), but a
    motion that a bill be reported with the recommendation that it be
    postponed is in order in the Committee of the Whole proceeding under the
    general rules of the House (IV, 4765; VIII, 2372), is debatable (VIII,
    2372), and is a preferential motion (VIII, 2372, 2615), but debate is
    confined to the advisability of postponement only (VIII, 2372). It has
    been held in order to postpone an appeal (VIII, 2613). A bill under
    consideration in the morning hour may not be made a special order by a
    motion to postpone to a day certain (IV, 3164).
      The motion to postpone to a day certain may not specify the hour (V,
    5307). The motion may be amended (V, 5754; VIII, 2824). It is debatable
    within narrow limits only (V, 5309, 5310), the merits of the bill to
    which it is applied not being within those limits (V, 5311-5315; VIII,
    2372, 2616, 2640).
      The motion to postpone indefinitely opens to debate all the merits of
    the proposition to which it is applied (V, 5316). It may not be applied
    to the motion to refer (V, 5317), to suspend the rules (V, 5322), or
    motion to resolve into the Committee of the Whole (VI, 726), and it is
    reasonable to infer that it is equally inapplicable to the other
    secondary or privileged motions enumerated in the rule and to motions
    relating to the order of business. However, the motion to postpone
    indefinitely may be applied to the motion that the House resolve itself
    into the Committee of the Whole

    [[Page [679]]]

    pursuant to the provisions of a statute, enacted under the rulemaking
    power of the House of Representatives, that specifically allows such a
    motion in the consideration of a resolution disapproving a certain
    executive action (Mar. 10, 1977, p. 7021; Aug. 3, 1977, p. 26528).
      The <> parliamentary motion to
    refer is explicitly recognized and given status in four different
    situations under House rules: The ordinary motion provided for in this
    clause; the motion to recommit with or without instructions after the
    previous question has been ordered on a bill or joint resolution to
    final passage, provided in clause 2 of rule XIX; the motion to commit,
    with or without instructions, pending the motion for or after ordering
    of the previous question as provided in clause 1 of rule XIX (V, 5569);
    and the motion to refer, with or without instructions, pending a vote in
    the House to strike out the enacting clause as provided in clause 9 of
    rule XVIII. The terms ``refer,'' ``commit,'' and ``recommit'' are
    sometimes used interchangeably (V, 5521; VIII, 2736), but when used in
    the precise manner and situation contemplated in each rule, reflect
    certain differences based upon whether the question to which applied is
    ``under debate,'' whether the motion itself is debatable, whether a
    minority Member or a Member opposed to the question to which the motion
    is applied is entitled to a priority of recognition, and whether the
    prohibition against a special order reported from the Committee on Rules
    denying a motion to recommit a bill or joint resolution pending final
    passage is applicable. For a discussion of the motion to recommit, see
    the annotations under clause 2 of rule XIX. The motion may not be used
    in direct form in Committee of the Whole (IV, 4721; VIII, 2326); and
    where a bill is being considered under the provisions of a resolution
    stating that ``at the conclusion of the consideration of the bill for
    amendment under the five-minute rule the Committee shall rise and report
    the bill back to the House with such amendments as may have been
    adopted,'' a motion that the Committee rise and report to the House with
    the recommendation that the bill be recommitted to the legislative
    committee reporting it is not in order (Aug. 10, 1950, p. 12219). It may
    be made after the engrossment and third reading of a bill, even though
    the previous question may not have been ordered (V, 5562, 5563).
      If the previous question is rejected on a preferential motion to
    dispose of Senate amendments in disagreement, the preferential motion
    remains ``under debate'' and the motion to refer may be offered under
    this clause (Speaker Albert, Sept. 16, 1976, p. 30887). A motion to
    refer takes precedence over motion to amend when a question is under
    debate (such as where the previous question has been rejected), and the
    Chair recognizes the Member seeking to offer the preferential motion
    before the less preferential motion is read (Aug. 13, 1982, pp. 20969,
    20975-78).
      The simple motion to refer under the first sentence of this clause is
    debatable within narrow limits (V, 5054) and may be offered by any
    Member (who need not qualify as being in opposition to the pending
    question) when that question is ``under debate,'' i.e., when the
    previous question

    [[Page [680]]]

    has not been moved or ordered, but the merits of the proposition sought
    to be referred may not be brought into the debate (V, 5564-5568; VI, 65,
    549; VIII, 2740). The motion to refer with instructions is also
    debatable (V, 5561); but the previous question is preferential (Mar. 22,
    1990, p. 4997).
      The <> motion
    to refer may specify that the reference shall be to a select as well as
    a standing committee (IV, 4401) without regard for rules of jurisdiction
    (IV, 4375; V, 5527) and may provide for reference to another committee
    than that reporting the bill (VIII, 2696, 2736), or to the Committee of
    the Whole (V, 5552, 5553), and even that the committee be endowed with
    power to send for persons and papers (IV, 4402). Unless the previous
    question is ordered the motion may be amended (VIII, 2712, 2738), in
    part (V, 5754); by substitute (VIII, 2698, 2738, 2759); or by adding
    instructions (V, 5521, 5570, 5582-5584; VIII, 2695, 2762; Aug. 13, 1982,
    pp. 20969, 20975-78).
      The <> rule specifies that the
    motions to postpone and refer shall not be repeated on the same day at
    the same stage of the question (V, 5301, 5591; VIII, 2738, 2760). Under
    the practice, also, a motion to adjourn may be repeated only after
    intervening business (V, 5373; VIII, 2814), debate (V, 5374), the
    ordering of the yeas and nays (V, 5376, 5377), decision of the Chair on
    a question of order (V, 5378), reception of a message (V, 5375). The
    motion to lay on the table may also be repeated after intervening
    business (V, 5398-5400); but the ordering of the previous question (V,
    5709), a call of the House (V, 5401), or decision of a question of order
    have been held not to be such intervening business, it being essential
    that the pending matter be carried to a new stage in order to permit a
    repetition of the motion (V, 5709).

    Divisibility
      5. <> (a) Except as provided in
    paragraph (b), a question shall be divided on the demand of a Member,
    Delegate, or Resident Commissioner before the question is put if it
    includes propositions so distinct in substance that, one being taken
    away, a substantive proposition remains.
      (b)(1) A motion or resolution to elect members to a standing committee
    of the House, or to a joint standing committee, is not divisible.

    [[Page [681]]]

      (2) A resolution or order reported by the Committee on Rules providing
    a special order of business is not divisible.
      (c) <> A motion to strike and insert is not divisible, but
    rejection of a motion to strike does not preclude another motion to
    amend.

      Paragraphs (a) and (b) (former clause 6) was first adopted in 1789,
    and was amended in 1837 (V, 6107). Paragraph (b)(1) (first part of the
    former proviso) was adopted April 2, 1917 (VIII, 2175), and paragraph
    (b)(2) (last part of the former proviso) was adopted May 3, 1933 (VIII,
    3164). Paragraph (c) (first part of former clause 7) was adopted in
    1811, and amended in 1822 (V, 5767). When the House recodified its rules
    in the 106th Congress, former clause 5 of this rule (requiring time of
    adjournment to be entered on the Journal) was transferred to clause
    2(c)(2) of rule II, paragraphs (a) and (b) were found in former clause
    6, and paragraph (c) was found in the first part of former clause 7 (H.
    Res. 5, Jan. 6, 1999, p. ----).
      The House may by adoption of a resolution reported from the Committee
    on Rules suspend the rule providing for the division of a question (VII,
    775).
      The <> principle that there must be at least two substantive
    propositions in order to justify division is insisted on rigidly (V,
    6108-6113), as failure to do so produces difficulties (III, 1725). The
    question may not be divided after it has been put (V, 6162), or after
    the yeas and nays have been ordered (V, 6160, 6161); but division of the
    question may be demanded after the previous question is ordered (V,
    5468, 6149; VIII, 3173). In passing on a demand for division the Chair
    considers only substantive propositions and not the merits of the
    question presented (V, 6122). It seems to be most proper, also, that the
    division should depend on grammatical structure rather than on the
    legislative propositions involved (I, 394; V, 6119), but a question
    presenting two propositions grammatically is not divisible if either
    does not constitute a substantive proposition when considered alone
    (VII, 3165). Thus a resolution censuring a Member and adopting a report
    of a committee thereon, which recommends censure on the basis of the
    committee's findings, is not divisible since those questions are
    substantially equivalent (Speaker O'Neill, Oct. 13, 1978, p. 37016); and
    an adjournment resolution that also authorizes the receipt of veto
    messages from the President during the adjournment is not subject to a
    division of the question, as the receipt authority would be nonsensical
    standing alone (June 30, 1976, p. 21702). However, a concurrent
    resolution on the budget is subject to a demand for a division of the
    question if, for example, the resolution grammatically and substantively
    relates to different fiscal

    [[Page [682]]]

    years (May 7, 1980, pp. 10185-87), or includes a separate, hortatory
    section having its own grammatical and substantive meaning (Speaker
    Foley, Mar. 5, 1992, p. 4657).
      Decisions have been made that a resolution affecting two individuals
    may be divided, although such division may involve a reconstruction of
    the text (I, 623; V, 6119-6121). The better practice seems to be,
    however, that this reconstruction of the text should be made by the
    adoption of a substitute amendment of two branches, rather than by
    interpretation of the Chair (II, 1621). But merely formal words, such as
    ``resolved,'' may be supplied by interpretation of the Chair (V, 6114-
    6118). A resolution with two resolve clauses separately certifying the
    contemptuous conduct of two individuals is divisible (Feb. 27, 1986, p.
    3040); as is a resolution with one resolve clause certifying
    contemptuous conduct of several individuals (Oct. 27, 2000, p. ----,
    contrast, Deschler-Brown, ch. 30, Sec. 49.1). A measure containing a
    series of simple resolutions (V, 6149), and a resolution confirming
    several nominations (Speaker Albert, Mar. 19, 1975, p. 7344) may be
    divided. A resolution of impeachment presenting discrete articles may be
    divided (VI, 545; Dec. 18, 1998, p. ----).
      Except on resolutions to elect Members to committees or on resolutions
    reported from the Committee on Rules providing a special order of
    business, where division of the question is prohibited by this clause, a
    resolution reported from the Committee on Rules may be divided where
    otherwise appropriate. Thus a resolution reported from that committee
    establishing several select committees in grammatically divisible
    titles, not being a special order of business, is subject to a demand
    for a division of the question (Jan. 8, 1987, p. 1036). However, it is
    not in order to demand a division of a subject incorporated by reference
    in the pending text, as when a resolution to adopt a series of rules,
    not made a part of the resolution, was before the House, it was held not
    in order to demand a separate vote on each rule (V, 6159).
      The question on engrossment and third reading under former clause 1 of
    rule XXI (current clause 8(c) of rule XVI) is not divisible (Speaker
    Foley, Aug. 3, 1989, p. 18544); and in voting on the engrossment or
    passage of a bill or joint resolution, a separate vote may not be
    demanded on the various portions (V, 6144-6146; VIII, 3172), or on the
    preamble (V, 6147).
      Where an amendment is offered to an appropriation bill providing that
    no part of the appropriation may be paid to named individuals, the
    amendment may be divided for a separate vote on each name (Feb. 5, 1943,
    p. 645). An amendment (to a joint resolution making continuing
    appropriations) containing separate paragraphs appropriating funds for
    different programs may be substantively and grammatically divisible
    although preceded by the same prefatory language applicable to all the
    paragraphs, and the Clerk will read each paragraph as including the
    prefatory language prior to the Chair's putting the question thereon
    (Nov. 8, 1983, p. 31495). A division may be demanded on an amendment to
    strike out various unrelated phrases (VIII, 3166; Mar. 28, 1984, p.
    6898). An amendment pro

    [[Page [683]]]

    posing to change a figure in one paragraph of an appropriation bill and
    also to insert a new (``fetch-back'') paragraph at another point in the
    bill is divisible (July 15, 1993, p. 15843). Absent a contrary order,
    the question may be divided on an amendment en bloc comprising discrete
    instructions to amend, even though unanimous consent has just been
    granted for the en bloc consideration (July 25, 1990, p. 19174; July 18,
    1991, p. 18851).
      A division of the question may not be demanded on a motion to strike
    out and insert (V, 5767, 6123; VIII, 3169), including substitutes for
    pending amendments (V, 6127; VIII, 3168; Aug. 17, 1972, pp. 28887-90;
    July 2, 1980, pp. 18288-92), although an amendment comprising two
    discrete instructions to strike and insert may be divided (June 4, 1998,
    p. ----) and a perfecting amendment to an amendment may be divided if
    not in the form of a motion to strike out and insert (V, 6131). When it
    is proposed to strike out and insert not one but several connected
    matters, it is not in order to demand a separate vote on each of those
    matters (V, 6124, 6125), as when an amendment in the nature of a
    substitute containing several resolutions is proposed; but after this
    amendment has been agreed to, it is in order to demand a division of the
    original resolution as amended (V, 6127, 6128). When, however, an
    amendment simply adding or inserting is proposed, it is in order to
    divide the amendment (V, 6129-6133). To a motion to strike certain words
    and insert others, a simple motion to strike out the words may not be
    offered as a substitute, as it would have the effect of dividing the
    motion to strike out and insert (June 29, 1939, pp. 8282, 8284; June 19,
    1979, pp. 15566-68).
      A division may be demanded on the motion to recede from disagreement
    to a Senate amendment and concur therein (see Sec. 525, supra; V, 6209;
    VIII, 3197-3199, 3203), but may not be demanded on Senate amendments
    when sending to conference (V, 6151-6156; VIII, 3175). A division of the
    question may not be demanded, with respect to a motion to concur in a
    Senate amendment with an amendment, between concurring and amending
    (VIII, 3176), and may not be demanded on separate parts of the proposed
    amendment if it is not properly divisible under the same tests that
    apply to any other amendment (Aug. 3, 1973, pp. 28124-26; Oct. 11, 1984,
    p. 32188). Thus a proposed amendment to a Senate amendment is not
    divisible if in the form of a motion to strike out and insert (Oct. 15,
    1986, p. 32135). Each Senate amendment must be voted on as a whole
    (VIII, 3175) but the Committee of the Whole having reported a Senate
    amendment with the recommendation that it be agreed to with an
    amendment, a separate vote was had on the amendment to the Senate
    amendment (VIII, 2420). When Senate amendments to a House bill are
    considered in the House, a separate vote may be had on each amendment
    (VIII, 2383, 2400, 3191), and separate votes may be had on nongermane
    portions of Senate amendments as provided in clause 10 of rule XXII.
      It is not in order to divide a motion to lay several connected
    propositions on the table (V, 6138-6140). Similarly, it is not in order
    to divide a motion for the previous question on two related
    propositions, as on a special order

    [[Page [684]]]

    reported from the Committee on Rules and a pending amendment thereto
    (Sept. 25, 1990, p. 25575). An appeal from a decision of the Speaker
    involving two distinct questions may be divided (V, 6157).
      On a motion to commit with instructions it is not in order to demand a
    separate vote on the instructions or various branches thereof (V, 6134-
    6137; VIII, 2737, 3170; Speaker Rayburn, Apr. 11, 1956, p. 6157; June
    29, 1993, p. 14618). However, an amendment reported forthwith pursuant
    to instructions contained in a successful motion to recommit may be
    divided on the question of its adoption if composed of substantively and
    grammatically distinct propositions (June 29, 1993, p. 14618). A motion
    to recommit a bill to conference with various instructions may not be
    divided (Sept. 29, 1994, p. 27681). However, a motion to instruct
    conferees under clause 7(c) of rule XXII (when multiple motions are in
    order) may be divided (Speaker Byrns, May 26, 1936, p. 7951; Sept. 20,
    2000, p. ----), provided that separate substantive propositions are
    presented (Speaker Rayburn, May 9, 1946, p. 4750).
      A division of the question may not be demanded on bills or joint
    resolutions for reference (IV, 4376) or change of reference (VII, 2125),
    a motion to elect Members to committees of House (VIII, 2175, 3164), a
    question against which a point of order is pending (VIII, 3432), a
    proposition under a motion to suspend the rules (V, 6141-6143; VIII,
    3171). A proposition reported from the Committee of the Whole as an
    entire and distinct amendment may not be divided, but must be voted on
    in the House as a whole (IV, 4883-4892). A separate vote may not be
    demanded in the House on an amendment adopted in the Committee of the
    Whole to an amendment (VIII, 2422, 2426, 2427).
      After the vote on the first member of the question, the second is open
    to debate and amendments, unless the previous question is ordered (see
    Sec. 482, supra). Where a motion to concur in a Senate amendment is
    divided pursuant to a special rule permitting that procedure, the Chair
    puts the question first on the first portion of the Senate amendment,
    and then on the remaining portion (Mar. 4, 1993, p. 4163). Where a
    division of the question is demanded on a portion of an amendment, the
    Chair puts the question first on the remaining portions of the
    amendment, and that portion on which the division is demanded remains
    open for further debate and amendment (Oct. 21, 1981, pp. 24785-89).
    However, where no further debate or amendment is in order on the divided
    portion, the Chair may put the question first on the divided portion(s)
    and then immediately on the remaining portion (Aug. 17, 1972, Deschler,
    ch. 27, Sec. 22.14; June 8, 1995, p. 15302). Where a division of the
    question is demanded on more than one portion of an amendment, the Chair
    may put the question first on the remaining portions of the amendment
    (if any), then (after further debate) on the first part on which a
    division is demanded, and then (after further debate) on the last part
    on which a division is demanded (Oct. 21, 1981, pp. 24785-89). Where the
    question on adopting an amendment is divided by special rule (rather
    than on demand from the floor), the Chair

    [[Page [685]]]

    puts the question on each divided portion of the amendment in the order
    in which it appears (May 23, 1996, p. 12316).
      A demand for a division of the question on a separate portion of an
    amendment may be withdrawn before the question is put on the first
    portion thereof (July 15, 1993, p. 15843), but once the Chair has put
    the question on the first portion of the amendment, a demand for a
    division may be withdrawn only by unanimous consent (Sept. 9, 1976, pp.
    29538-40).

    Amendments
      6. <> When an amendable
    proposition is under consideration, a motion to amend and a motion to
    amend that amendment shall be in order, and it also shall be in order to
    offer a further amendment by way of substitute for the original motion
    to amend, to which one amendment may be offered but which may not be
    voted on until the original amendment is perfected. An amendment may be
    withdrawn in the House at any time before a decision or amendment
    thereon. An amendment to the title of a bill or resolution shall not be
    in order until after its passage or adoption and shall be decided
    without debate.

      This provision (former rule XIX) was adopted in 1880, with an
    amendment adding the portion in relation to the title in 1893. The rule
    of 1880, however, merely stated in form of rule what had been the
    practice of the House for many years (V, 5753). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former rule XIX (H. Res. 5, Jan. 6, 1999, p. ----). For further
    discussion see Deschler, ch. 27, Sec. Sec. 15-19.
      It <> is not in
    order to offer more than one motion to amend of the same nature at a
    time (V, 5755; VIII, 2831), but the four motions specified by the rule
    may be pending at the same time (V, 5793; VIII, 2883, 2887). Where,
    pursuant to a special rule, a committee amendment in the nature of a
    substitute is being read as original text for purpose of amendment,
    there may be pending to that text the four stages of amendment permitted
    by this rule (Apr. 23, 1969, p. 10066). When a request for a recorded
    vote in the Committee of the Whole is postponed under authority of a
    special order of the House (such authority now found in clause 6(g) of
    rule XVIII), the amendment

    [[Page [686]]]

    becomes unfinished business and is no longer pending, thereby permitting
    the offering of another amendment (May 10, 2000, p. ----). An amendment
    in the third degree is not specified by the rule and is not permissible
    (V, 5754; VIII, 2580, 2888, 2891), even when the third degree is in the
    nature of a substitute for an amendment to a substitute (V, 5791; VIII,
    2889).
      An amendment must contain instructions to the Clerk as to the portion
    of the bill it seeks to amend and is subject to a point of order if not
    in proper form (Oct. 3, 1985, p. 25970). An amendment may not propose to
    change portions of a measure not yet read for amendment (Mar. 24, 1999,
    p. ----). Under a ``modified-closed'' rule permitting only amendments
    printed in the report accompanying the rule, the Chair will permit an
    amendment to be offered in the form actually submitted for printing
    rather than requiring that it be offered in the erroneous form printed
    (Mar. 10, 1994, p. 4405).
      A Member may not amend or modify his own amendment except by unanimous
    consent (Oct. 1, 1985, p. 25453); and where the Chair recognizes the
    proponent of an amendment to propound such a unanimous-consent request
    before commencing debate, the Chair does not charge time consumed under
    a reservation of objection against the proponent's time for debate on
    the amendment (Feb. 3, 1993, p. 1978; May 27, 1993, p. 11849). Under the
    five-minute rule, the proponent of an amendment may not yield to another
    to offer an amendment to the amendment; rather an amendment to the
    amendment may be offered after the proponent of the pending amendment
    has explained it (Sept. 7, 1995, p. 24071).
      Two independent amendments may be voted on at once only by unanimous
    consent of the House (V, 5979). Amendments en bloc, once pending, are
    open to perfecting amendment at any point (June 12, 1991, p. 14337). If
    a point of order is sustained against a discrete portion of an en bloc
    amendment, the entire en bloc amendment may not be considered; however,
    each constituent amendment may be offered separately if otherwise in
    order (Sept. 16, 1981, p. 20735-38). An amendment considered with others
    en bloc and rejected may be offered separately at a subsequent time
    (Deschler, ch. 27, Sec. 35.15; Nov. 4, 1991, p. 29932).
      The substitute provided for in this rule has been construed as a
    substitute for the amendment and not as a substitute for the original
    text (VIII, 2883). A substitute amendment may be amended by striking out
    all after its first word and inserting a new text (V, 5793, 5794). While
    this is in effect a substitute, it is not technically so. A substitute
    always proposes to replace all the words of a pending amendment. The
    amendatory instructions contained in a substitute direct changes to be
    made in the original language rather than to the pending amendment.
    Although a substitute may change parts of a bill not changed by the
    pending amendment, the substitute must be germane to the pending
    amendment (VIII, 2879, 2880; Deschler, ch. 27, Sec. 18.6). A substitute
    may result in similar language to the original text proposed to be
    changed by the pending amendment, but may not result in identical
    language (Deschler, ch. 27, Sec. 18.15). To

    [[Page [687]]]

    an amendment adding a new section, an amendment making perfecting
    changes in the bill rather than in the amendment is not a proper
    perfecting amendment, but may, if germane, be offered as a substitute
    for the amendment (Deschler, ch. 27, Sec. 18.7). The Chair will not look
    behind the form of the amendment in determining whether it is a
    perfecting amendment or a substitute (June 13, 1994, p. 12731). Once a
    perfecting amendment to an amendment is disposed of, the original
    amendment, as amended or not, remains open to further perfecting
    amendment (June 20, 1991, p. 15610); and all such amendments are
    disposed of prior to voting on substitutes for the original amendment
    and amendments thereto (July 26, 1984, p. 21253).
      An amendment offered as a substitute and rejected may again be offered
    as an original amendment without presenting an equivalent question. In
    the first case the question is the relationship between the substitute
    and the amendment to which offered, and in the second case the question
    is the relationship between the original amendment and the text of the
    bill (V, 5797; VIII, 2843). An amendment that is adopted as amended by a
    substitute may not be reoffered in its original form if it would
    directly change the amended portion of the bill. However, it may be
    reoffered if the original amendment amends a different part of the bill
    (as in the case where the amendatory instructions of the substitute
    displaces the language of the original amendment). In such a case the
    vote on the amendment as amended by the substitute is not equivalent to
    a direct vote on the original amendment (June 25, 1987, p. 17416). An
    amendment considered with others en bloc and rejected may be offered
    separately at a subsequent time (Deschler, ch. 27, Sec. 35.15; Nov. 4,
    1991, p. 29932).
      An amendment in the nature of a substitute always proposes to strike
    out all after the enacting or resolving words in order to insert a new
    text (V, 5785, footnote). An amendment in the nature of a substitute may
    be proposed before amendments to the pending portion of original text
    have been acted on, but may not be voted on until such amendments have
    been disposed of (V, 5787). When a bill is considered by sections or
    paragraphs an amendment in the nature of a substitute is properly
    offered after the reading for amendment is concluded (V, 5788). However,
    when it is proposed to offer a single substitute for several paragraphs
    of a bill that is being considered by paragraphs, the substitute may be
    moved to the first paragraph, with notice that, if agreed to, motions
    will be made to strike out the remaining paragraphs (V, 5795; VIII,
    2898, 2900-2903; July 29, 1969, p. 21218). An amendment in the nature of
    a substitute, as well as the original proposition, may be perfected by
    amendments before the vote on it is taken (V, 5786). Where there is
    pending an amendment in the nature of a substitute, it is in order to
    offer a perfecting amendment to the pending portion of original text
    (VIII, 2861; Apr. 27, 1976, p. 11411; see also Deschler, ch. 27,
    Sec. 5.34). An amendment in the nature of a substitute having been
    agreed to, the vote is then taken on the original proposition as amended
    (II, 983; V, 5799, 5800), and no further amendment

    [[Page [688]]]

    is in order (Speaker O'Neill, Mar. 26, 1985, p. 6274). If a perfecting
    amendment to an amendment in the nature of a substitute, striking out
    all after the short title and inserting a new text, is agreed to,
    further amendments to the text so perfected are not in order, but
    amendments are in order to add new language at the end of the amendment
    in the nature of a substitute as amended (May 16, 1979, p. 11420).
      A <> point of order against an amendment is timely if made or
    reserved prior to formal recognition of the proponent to commence debate
    thereon (July 16, 1991, p. 18391), but thereafter comes too late (V,
    6894, 6898-6899) except as provided in clauses 4 and 5(a) of rule XXI.
    To preclude a point of order, debate should be on the merits of the
    proposition (V, 6901). When enough of an amendment has been read to show
    that it is out of order, a point of order may be raised without waiting
    for the reading to be completed (V, 6886-6887; VIII, 2912, 3437), though
    the Chair may decline to rule until the entire proposition has been read
    (Dec. 14, 1973, pp. 41716-18). A timely reservation of a point of order
    by one Member inures to the benefit of any other Member who desires to
    press a point of order (V, 6906; July 18, 1990, p. 17930).
      While <> the rule
    provides that either an ordinary or substitute amendment may be
    withdrawn in the House (V, 5753) or ``in the House as in Committee of
    the Whole'' (IV, 4935; June 26, 1973, p. 21315), it may not be withdrawn
    or modified in Committee of the Whole except by unanimous consent
    (clause 5 of rule XVIII; V, 5221; VIII, 2564, 2859).
      Pursuant <> to
    clause 4 of rule XVI, the motion for the previous question takes
    precedence of a motion to amend (Nov. 8, 1971, p. 39944); and if the
    previous question is not ordered, the motion to refer also has
    precedence of the motion to amend (V, 5555; VI, 373). Amendments
    reported by a committee are acted on before those offered from the floor
    (V, 5773; VIII, 2862, 2863), but a floor amendment to the text of a
    pending section is considered before a committee amendment adding a new
    section at the end of the pending section (Oct. 4, 1972, pp. 33779-82),
    and there is a question as to the extent to which the chairman of the
    committee reporting a bill should be recognized to offer amendments to
    perfect it in preference to other Members (II, 1450). Amendments may not
    be offered by proxy (VIII, 2830). The motion to strike out the enacting
    clause has precedence of the motion to amend, and may be offered while
    an amendment is pending (V, 5328-5331; VIII, 2622-2624); but the motion
    to amend takes precedence over a motion that the Committee of the Whole
    rise and report the bill with the recommendation that it pass (July 27,
    1937, p. 7699).

    [[Page [689]]]

      With <> some exceptions an amendment may attach itself to secondary
    and privileged motions (V, 5754). Thus, the motions to postpone, refer,
    amend, for a recess, and to fix the day to which the House shall adjourn
    may be amended (V, 5754; VIII, 2824). But the motions for the previous
    question, to lay on the table, to adjourn (V, 5754) and to go into
    Committee of the Whole to consider a privileged bill may not be amended
    (IV, 3078, 3079; VI, 723-725).
      An amendment to the title of a bill is not in order in Committee of
    the Whole (Jan. 29, 1986, p. 682).

    Germaneness
      7. <> No motion or proposition on a
    subject different from that under consideration shall be admitted under
    color of amendment.

      This clause was adopted in 1789, and amended in 1822 (V, 5767, 5825).
    Before the House recodified its rules in the 106th Congress, this clause
    and clause 5(c) occupied a single former clause 7 (H. Res. 5, Jan. 6,
    1999, p. ----).
      It introduced a principle not then known to the general parliamentary
    law (V, 5825), but of high value in the procedure of the House (V,
    5866). Prior to the adoption of rules, when the House is operating under
    general parliamentary law, as modified by the usage and practice of the
    House, an amendment may be subject to the point of order that it is not
    germane to the proposition to which offered (Jan. 3, 1969, p. 23). The
    principle of the rule applies to a proposition by which it is proposed
    to modify the pending bill, and not to a portion of the bill itself (V,
    6929); thus a point of order will not lie that an appropriation in a
    general appropriation bill is not germane to the rest of the bill (Dec.
    16, 1963, p. 24753). In general, an amendment simply striking out words
    already in a bill may not be ruled out as not germane (V, 5805; VIII,
    2918) unless such action would change the scope and meaning of the text
    (VIII, 2917-2921; Mar. 23, 1960, p. 6381); and a pro forma amendment
    ``to strike out the last word'' has been considered germane (July 28,
    1965, p. 18639). While a committee may report a bill or resolution
    embracing different subjects, it is not in order during consideration in
    the House to introduce a new subject by way of amendment (V, 5825). The
    rule that amendments should be germane applies to amendments reported by
    committees (V, 5806), but a resolution providing for consideration of
    the bill with committee amendments may waive points of order (Oct. 10,
    1967, p. 28406), and the point of order under this rule does not apply
    to a special order reported from the Committee on Rules ``self-
    executing'' the adoption in the House of a nongermane amendment to a
    bill, since the amendment is not separately before the

    [[Page [690]]]

    House during consideration of the special order (Feb. 24, 1993, p. 3542;
    July 27, 1993, p. 17117). A resolution reported from the Committee on
    Rules providing for the consideration of a bill relating to a certain
    subject may be amended neither by an amendment that would substitute the
    consideration of a different proposition (V, 5834-5836; VIII, 2956;
    Sept. 14, 1950, p. 14844) nor an amendment that would permit the
    additional consideration of a nongermane amendment to the bill (May 29,
    1980, pp. 12667-73; Aug. 13, 1982, p. 20972). The Chair will not
    interpret as a point of order under a specific rule of the House an
    objection to a substitute as narrowing the scope of a pending amendment,
    absent some stated or necessarily implied reference to germaneness or
    other rule (June 25, 1987, p. 17415). The burden of proof is on the
    proponent of an amendment to establish its germaneness (VIII, 2995; July
    10, 2000, p. ----), and where an amendment is equally susceptible to
    more than one interpretation, one of which will render it not germane,
    the Chair will rule it out of order (June 20, 1975, p. 19967).
      Under <> the later practice an amendment should be germane to the
    particular paragraph or section to which it is offered (V, 5811-5820;
    VIII, 2922, 2936; Oct. 14, 1971, pp. 36194, 36211; Sept. 19, 1986, p.
    24729), without reference to subject matter of other titles not yet read
    (July 31, 1990, p. 20816), and an amendment inserting an additional
    section should be germane to the portion of the bill to which it is
    offered (V, 5822; VIII, 2927, 2931; July 14, 1970, pp. 24033-35), though
    it may be germane to more than one portion of a bill (Mar. 27, 1974, p.
    8508), and when offered as a separate paragraph is not required to be
    germane to the paragraph immediately preceding or following it (VII,
    1162; VIII, 2932-2935).
      The test of germaneness in the case of a motion to recommit with
    instructions is the relationship of the instructions to the bill taken
    as a whole (and not merely to the separate portion of the bill
    specifically proposed to be amended in the instructions) (Mar. 28, 1996,
    p. 6932).
      Subject to clause 2(c) of rule XXI (requiring that limitation
    amendments to general appropriation bills be offered at the end of the
    reading of the bill for amendment), an amendment limiting the use of
    funds by a particular agency funded in a general appropriation bill may
    be germane to the paragraph carrying the funds, or to any general
    provisions portion of the bill affecting that agency or all agencies
    funded by the bill (July 16, 1979, p. 18807). However, to a paragraph
    containing funds for an agency but not transferring funds to that
    account from other paragraphs in the bill, an amendment increasing that
    amount by transfer from an account in another paragraph is not germane,
    since affecting budget authority for a different agency not the subject
    of the pending paragraph (July 17, 1985, p. 19436). Similarly, an
    amendment to a general appropriation bill in the form of a limitation on
    funds therein but extending to activities prescribed by laws unrelated
    to the functions of departments and agencies addressed by the bill is
    not germane (July 10, 2000, p. ----).

    [[Page [691]]]

      In passing on the germaneness of an amendment, the Chair considers the
    relationship between the amendment and the bill as modified by the
    Committee of the Whole (Apr. 23, 1975, p. 11545; July 8, 1987, p.
    19013).
      An amendment adding a new section to a bill being read by titles must
    be germane to the pending title (Sept. 17, 1975, p. 28925), but where a
    bill is considered as read and open to amendment at any point, an
    amendment must be germane to the bill as a whole and not to a particular
    section (Sept. 29, 1975, p. 30761; Jan. 30, 1986, p. 1052). Where a
    title of a bill is open to amendment at any point, the germaneness of an
    amendment perfecting one section therein depends on its relationship to
    the title as a whole and not merely on its relationship to the one
    section (June 25, 1991, p. 16152). An amendment in the form of a new
    title, when offered at the end of a bill containing several diverse
    titles on a general subject, need not be germane to the portion of the
    bill to which offered, it being sufficient that the amendment be germane
    to the bill as a whole in its modified form (Nov. 4, 1971, p. 39267;
    July 2, 1974, p. 22029; Sept. 18, 1975, p. 29322; July 11, 1985, p.
    18601; Oct. 8, 1985, pp. 26548-51). While the heading of the final title
    of a bill as ``miscellaneous'' does not thereby permit amendments to
    that title which are not germane thereto, the inclusion of sufficiently
    diverse provisions in such title affecting various provisions in the
    bill may permit further amendments which need only be germane to the
    bill as a whole (Apr. 10, 1979, pp. 8034-37).
      Under clause 10 of rule XXII, a portion of a conference report
    incorporating part of a Senate amendment in the nature of a substitute
    to a House bill, or incorporating part of a Senate bill that the House
    has amended, must be germane to the bill in the form passed by the
    House; thus where a House-passed bill contained several sections and
    titles amending diverse portions of the Internal Revenue Code relating
    to tax credits, a modified Senate provision adding a new section dealing
    with another tax credit was held germane to the House-passed measure as
    a whole (Speaker Albert, Mar. 26, 1975, p. 8900); but a Senate provision
    in a conference report, on a Senate bill with a House amendment in the
    nature of a substitute, which authorized appointment of a special
    prosecutor for any criminal offenses committed by certain Federal
    officials was held not germane to the bill as passed by the House, which
    related to offenses directly related to official duties and
    responsibilities of Federal officials (Oct. 12, 1978, pp. 36459-61).
      The test of germaneness of an amendment to or a substitute for an
    amendment in the nature of a substitute is its relationship to the
    substitute and not its relationship to the bill to which the amendment
    in the nature of a substitute has been offered (July 19, 1973, p. 24958;
    July 22, 1975, p. 23990; June 1, 1976, pp. 16051-56; July 28, 1982, pp.
    18355-58, 18361), and an amendment to a substitute is not required to
    affect the same page and line numbers as the substitute in order to be
    germane, it being sufficient that the amendment is germane to the
    subject matter of the substitute (Aug. 1, 1979, pp. 21944-47). When an
    amendment in the nature of a

    [[Page [692]]]

    substitute is offered at the end of the first section of a bill, the
    test of germaneness is the relationship between the amendment and the
    entire bill, and the germaneness of an amendment in the nature of a
    substitute for a bill is not necessarily determined by an incidental
    portion of the amendment which if offered separately might not be
    germane to the portion of the bill to which offered (July 8, 1975, p.
    21633).
      The test of germaneness of an amendment offered as a substitute for a
    pending amendment is its relationship to the pending amendment and not
    its relationship to the underlying bill (Feb. 14, 1995, p. 4714).
      An amendment germane to the bill as a whole, but hardly germane to any
    one section, may be offered at an appropriate place with notice of
    motions to strike out the following sections which it would supersede
    (V, 5823; July 29, 1969, p. 21221). Where a perfecting amendment to the
    text is offered pending a vote on a motion to strike out the same text,
    the perfecting amendment must be germane to the text to which offered,
    not to the motion to strike (Oct. 3, 1969, p. 28454).
      The <> rule that amendments must be germane applies to amendments to
    the instructions in a motion to instruct conferees (VIII, 3230, 3235),
    and the test of germaneness of an amendment to a motion to instruct
    conferees, in addition to the measurement of scope of conference, is the
    relationship of the amendment to the subject matter of the House or
    Senate version of the bill (Deschler-Brown, ch. 28, Sec. 28.2). The rule
    of germaneness similarly applies to the instructions in a motion to
    recommit a bill to a committee of the House, as it is not in order to
    propose as part of a motion to recommit any proposition that would not
    have been germane if proposed as an amendment to the bill in the House
    (V, 5529-5541; VIII, 2708-2712; Mar. 2, 1967, p. 5155), and the
    instructions must be germane to the bill as perfected in the House (Nov.
    19, 1993, p. 30513), even where the instructions do not propose a direct
    amendment to the bill but merely direct the committee to pursue an
    unrelated approach (Speaker O'Neill, Mar. 2, 1978, p. 5272; July 16,
    1991, p. 18397) or direct the committee not to report the bill back to
    the House until an unrelated contingency occurs (VIII, 2704). Under the
    same rationale as amendments to a motion to instruct conferees,
    amendments to a motion to recommit to a standing committee with
    instructions must be germane to the subject matter of the bill (see V,
    6888; VIII, 2711).
      The fact that an amendment is offered in conjunction with a motion to
    recommit a bill with instructions to a standing committee does not
    affect the requirement that the subject matter of the amendment be
    germane and within the jurisdiction of the committee reporting the bill
    (Mar. 2, 1967, p. 5155; July 16, 1991, p. 18397).

    [[Page [693]]]

      In <> the consideration of Senate amendments to a House
    bill an amendment must be germane to the particular Senate amendment to
    which it is offered (V, 6188-6191; VIII, 2936; May 14, 1963, p. 8506;
    Dec. 13, 1980, p. 34097), and it is not sufficient that an amendment to
    a Senate amendment is germane to the original House bill if it is not
    germane to the subject matter of a Senate amendment that merely inserts
    new matter and does not strike out House provisions (V, 6188; VIII,
    2936). But where a Senate amendment proposes to strike out language in a
    House bill, the test of the germaneness of a motion to recede and concur
    with an amendment is the relationship between the language in the motion
    and the provisions in the House bill proposed to be stricken, as well as
    those to be inserted, by the Senate amendment (June 8, 1943, p. 5511;
    June 15, 1943, p. 5899; Dec. 12, 1974, p. 39272). The test of the
    germaneness of an amendment to a motion to concur in a Senate amendment
    with an amendment is the relationship between the amendment and the
    motion, and not between the amendment and the Senate amendment to which
    the motion has been offered (Aug. 3, 1973, Deschler-Brown, ch. 28,
    Sec. 27.6). Formerly, a Senate amendment was not subject to the point of
    order that it was not germane to the House bill (VIII, 3425), but under
    changes in the rules points of order may be made and separate votes
    demanded on portions of Senate amendments and conference reports
    containing language that would not have been germane if offered in the
    House. Clause 10 of rule XXII permits points of order against language
    in a conference report which was originally in the Senate bill or
    amendment and which would not have been germane if offered to the House-
    passed version, and permits a separate motion to reject such portion of
    the conference report if found nongermane (Oct. 15, 1986, p. 31498). For
    purposes of that rule, the House-passed version, against which Senate
    provisions are compared, is that finally committed to conference, taking
    into consideration all amendments adopted by the House, including House
    amendments to Senate amendments (July 28, 1983, p. 21401). Clause 10 of
    rule XXII permits points of order against motions to concur or concur
    with amendment in nongermane Senate amendments, the stage of
    disagreement having been reached, and, if such points of order are
    sustained, permits separate motions to reject such nongermane matter.
    Clause 10 of rule XXII is not applicable to a provision contained in a
    motion to recede and concur with an amendment (the stage of disagreement
    having been reached) which is not contained in any form in the Senate
    version, the only requirement in such circumstances being that the
    motion as a whole be germane to the Senate amendment as a whole under
    clause 7 of rule XVI (Oct. 4, 1978, pp. 33502-06; June 30, 1987, p.
    18294).

    [[Page [694]]]

      An <> amendment must relate to the subject matter under
    consideration. Thus, the following are not germane: To a bill seeking to
    eliminate wage discrimination based on the sex of the employee, an
    amendment to make the provisions of the bill applicable to
    discrimination based on race (July 25, 1962, p. 14778); to a bill
    establishing an office in the Department of the Interior to manage
    biological information, an amendment addressing socioeconomic matters
    (Oct. 26, 1993, p. 26082); to a bill authorizing military assistance to
    Israel and funds for the United Nations emergency force in the Middle
    East, an amendment expressing the sense of Congress that the President
    conduct negotiations to obtain a peace treaty in the Middle East and the
    resumption of diplomatic and trade relations between Arab nations and
    the United States and Israel (Dec. 11, 1973, p. 40842); to a concurrent
    resolution expressing congressional concern over certain domestic
    policies of a foreign government and urging that government to improve
    those internal problems in order to enhance better relations with the
    United States, amendments expressing the necessity for United States
    diplomatic initiatives as a consequence of that foreign government's
    policies (July 12, 1978, pp. 20500-05); to a resolution amending several
    clauses of a rule of the House but confined in its scope to the issue of
    access to committee hearings and meetings, an amendment to another
    clause of that rule relating to committee staffing (Mar. 7, 1973, p.
    6714); to a title of a bill that only addresses the administrative
    structure of a new department and not its authority to carry out
    transferred programs, an amendment prohibiting the department from
    withholding funds to carry out certain objectives (June 12, 1979, p.
    14485); to an amendment authorizing the use of funds for a specific
    study, an amendment naming any program established in the bill for an
    unrelated purpose for a specified Senator (Aug. 15, 1986, p. 22075); to
    one of two reconciliation bills reported by the Budget Committee, an
    amendment making a prospective indirect change to the other
    reconciliation bill not then pending before the House (June 25, 1997, p.
    ----); to a bill reauthorizing the National Sea Grant College Program, a
    proposal to amend existing law to provide for automatic continuation of
    appropriations in the absence of timely enactment of a regular
    appropriation bill (June 18, 1997, p. ----); to a bill regulating
    immigration, an amendment reaffirming an agreement with Japan (VIII,
    3050); to a bill opposing concessional loans to a country and outlining
    principles governing the conduct of industrial cooperation projects of
    U.S. nationals in that country, an amendment waiving provisions of other
    law by requiring changes in tariff schedules to achieve overall trade
    reciprocity between that country and the United States (Nov. 6, 1997, p.
    ----); to a resolution authorizing the deployment of troops to implement
    a peace agreement, an amendment expressing support for the armed forces
    in carrying out such mission (Mar. 11, 1999, p. ----); to a bill
    addessing enforcement of State liquor laws, an amendment addressing
    enforcement of State firearm laws (Aug. 3, 1999, p. ----); to a bill
    addressing taxation under the Internal Revenue Code,

    [[Page [695]]]

    an amendment extending unemployment insurance benefits (May 9, 2003, p.
    ----); to a bill reauthorizing the National Transportation Safety Board,
    an amendment extending unemployment insurance benefits (May 15, 2003, p.
    ---- (sustained on appeal)).
      An amendment that is germane, not being ``on a subject different from
    that under consideration,'' belongs to a class illustrated by the
    following: to a bill providing for an interoceanic canal by one route,
    an amendment providing for a different route (V, 5909); to a bill
    providing for the reorganization of the Army, an amendment providing for
    the encouragement of marksmanship (V, 5910); to a proposition to create
    a board of inquiry, an amendment specifying when it shall report (V,
    5915); to a bill relating to ``oleomargarine and other imitation dairy
    products,'' an amendment on the subject of ``renovated butter'' (V,
    5919); to a resolution rescinding an order for final adjournment, an
    amendment fixing a new date therefor (V, 5920); to a proposition
    directing a feasibility investigation, an amendment requiring the
    submission of legislation to implement that investigation (Dec. 14,
    1973, p. 41747); and to a section of a bill prescribing the functions of
    a new Federal Energy Administration by conferring wide discretionary
    powers upon the Administrator, an amendment directing the Administrator
    to issue preliminary summer guidelines for citizen fuel use (as a
    further delineation of those functions) (Mar. 6, 1974, p. 5436).
      A bill comprehensively addressing a subject requires careful analysis
    to determine whether an amendment addresses a different subject. For
    example, to an amendment in the nature of a substitute comprehensively
    amending several sections of the Clean Air Act with respect to the
    impact of shortages of energy resources on standards imposed under that
    Act, an amendment to another section of the Act suspending temporarily
    the authority of the Administrator of the EPA to control automobile
    emissions was held germane (Dec. 14, 1973, p. 41688). On the other hand,
    to a bill comprehensively restructuring the production and distribution
    of food, an amendment proposed in a motion to recommit to provide
    nutrition assistance, including food stamps and soup kitchen programs,
    was held not germane (Feb. 29, 1996, p. 3257).
      The <> fundamental purpose of an amendment must be germane to
    the fundamental purpose of the bill (VIII, 2911). The Chair discerns the
    fundamental purpose of a bill by examining the text of the bill and its
    report language (Deschler-Brown, ch. 28, Sec. 5.6; Aug. 3, 1999, p. ----
    ), rather than the motives that circumstances may suggest (V, 5783,
    5803; Dec. 13, 1973, pp. 41267-69; Aug. 15, 1974, p. 28438). To a bill
    that comprehensively addresses a subject matter, an amendment that
    relates to that subject matter may not be ruled out as nongermane merely
    because the amendment may be characterized as private legislation
    benefitting certain individuals offered to a public bill (May 30, 1984,
    p. 14495). Similarly, to a bill proposing to accomplish a result by
    methods comprehensive in scope, an amendment in the nature of a
    substitute seeking to achieve the same

    [[Page [696]]]

    result was held germane where it was shown that additional provisions
    not contained in the original bill were merely incidental conditions or
    exceptions that were related to the fundamental purpose of the bill
    (Aug. 2, 1973, pp. 27673-75; July 8, 1975, p. 21633; Sept. 29, 1980, pp.
    27832-52). On the other hand, an amendment may relate to the same
    subject matter yet still stray from adherence to a common fundamental
    purpose. For example, an amendment singling out one constituent element
    of a larger subject for specific and unrelated scrutiny is not germane
    (Aug. 3, 1999, p. ----). Similarly, to a bill appropriating for only one
    fiscal year (and containing no provisions extending beyond that fiscal
    year), an amendment to extend an appropriation to another fiscal year is
    not germane (June 20, 2001, p. ----).
      In order to be germane, an amendment must not only have the same end
    as the matter sought to be amended, but must contemplate a method of
    achieving that end that is closely allied to the method encompassed in
    the bill or other matter sought to be amended (Aug. 11, 1970, p. 28165).
    Thus the following are germane: to a bill raising revenue by several
    methods of taxation, an amendment proposing a tax on undistributed
    profits (the Committee of the Whole overruling the Chair) (VII, 3042);
    to a proposition to accomplish a result through regulation by a
    governmental agency, an amendment to accomplish the same fundamental
    purpose through regulation by another governmental agency (Dec. 15,
    1937, pp. 1572-89; June 9, 1941, p. 4905; Dec. 19, 1973, p. 42618); to a
    bill to achieve a certain purpose by conferring discretionary authority
    to set fair labor standards upon an independent agency, an amendment in
    the nature of a substitute to attain that purpose by a more inflexible
    method (prescribing fair labor standards) (Dec. 15, 1937, pp. 1590-94;
    Oct. 14, 1987, p. 27885); to a proposition to accomplish the broad
    purpose of settling land claims of Alaska natives by a method general in
    scope, an amendment accomplishing the same purpose by a method more
    detailed in its provisions (Oct. 20, 1971, p. 37079); to an amendment
    comprehensively amending the Natural Gas Act to deregulate interstate
    sales of new natural gas and regulate aspects of intrastate gas use, a
    substitute providing regulatory authority for interstate and intrastate
    gas sales of large producers (Feb. 4, 1976, p. 2387); to a bill
    providing a temporary extension of existing authority, an amendment
    achieving the same purpose by providing a nominally permanent authority
    was held germane where both the bill and the amendment were based on
    reported economic projections under which either would achieve the same,
    necessarily temporary result by method of direct or indirect amendment
    to the same existing law (May 13, 1987, p. 12344); to a bill subjecting
    employers who fail to apprise their workers of health risks to penalties
    under other laws and regulations, a substitute subjecting such employers
    to penalties prescribed in the substitute itself (Oct. 14, 1987, p.
    27885); to an amendment freezing the obligation of funds for fiscal year
    1996 for missile defense until the Secretary of Defense rendered a
    specified readiness certification, an amendment permitting an increase
    in the obliga

    [[Page [697]]]

    tion of such funds on the basis of legislative findings concerning
    readiness, as each proposition addressed the relationship between 1996
    funding levels for missile defense and readiness (Feb. 15, 1995, p.
    5026).
      However, an amendment to accomplish a similar purpose by an unrelated
    method, not contemplated by the bill, is not germane. Thus, the
    following are not germane: to a bill providing relief to foreign
    countries through government agencies, an amendment providing for relief
    to be made through the International Red Cross (Dec. 10, 1947, pp.
    11242-44); to a bill to aid in the control of crime through research and
    training an amendment to accomplish that result through regulation of
    the sale of firearms (Aug. 8, 1967, pp. 21846-50); to a bill providing
    assistance to Vietnam war victims, amendments containing foreign policy
    declarations as to culpability in the Vietnam war (Apr. 23, 1975, p.
    11510); to a bill conserving energy by civil penalties on manufacturers
    of autos with low gas mileage, an amendment conserving energy by tax
    rebates to purchasers of high-mileage autos (June 12, 1975, p. 18695);
    to a proposition whose fundamental purpose was registration and public
    disclosure by, but not regulation of the activities of, lobbyists,
    amendments prohibiting lobbying in certain places, restricting monetary
    contributions by lobbyists, and providing civil penalties for violating
    Rules of the House in relation to floor privileges (Sept. 28, 1976, p.
    33070) (but to a similar bill, an amendment requiring disclosure of any
    lobbying communication made on the floor of the House or Senate or in
    adjoining rooms, but not regulating such conduct, was held germane (Apr.
    26, 1978, p. 11641)); to a bill seeking to accomplish a purpose by one
    method (creation of an executive branch agency), an amendment
    accomplishing that result by a method not contemplated in the bill
    (creation of office within legislative branch as function of committee
    oversight) (Nov. 5, 1975, p. 35041); to a bill authorizing foreign
    military assistance programs, an amendment authorizing contributions to
    an international agency for nuclear missile inspections (Mar. 3, 1976,
    p. 5226); to a joint resolution proposing a constitutional amendment for
    representation of the District of Columbia in Congress, a motion to
    recommit with instructions that the Committee on the Judiciary consider
    a resolution retroceding populated portions of the District to Maryland
    (Speaker O'Neill, Mar. 2, 1978, p. 5272); to an amendment to achieve a
    national production goal for synthetic fuels for national defense needs
    by loans and grants and development of demonstration synthetic fuel
    plants, a substitute to require by regulation that any fuel sold in
    commerce require a certain percentage of synthetic fuels, as broader in
    scope and an unrelated method (June 26, 1979, pp. 16663-74); to a bill
    to provide financial assistance to domestic agriculture through price
    support payments, an amendment to protect domestic agriculture by
    restricting imports in competition therewith as proposing an unrelated
    method of assistance within the jurisdiction of another committee (Oct.
    14, 1981, p. 23899); to a bill authorizing financial assistance to
    unemployed individuals for employment opportunities, an amendment
    providing instead for tax incentives to stimulate em

    [[Page [698]]]

    ployment as employing an unrelated method within the jurisdiction of a
    different committee of the House (Sept. 21, 1983, p. 25145); to a bill
    relating to one government agency, an amendment having as its
    fundamental purpose a change in the law relating to another agency, even
    though it contemplated a consultative role for the agency covered by the
    bill (July 8, 1987, p. 19014); to a proposition changing congressional
    budget procedures to require consideration of balanced budgets, an
    amendment changing concurrent resolutions on the budget to joint
    resolutions, bringing executive enforcement mechanisms into play (July
    18, 1990, p. 17920); to a bill to promote technological advancement by
    fostering Federal research and development, and amendment exhorting to
    do so by changes in tax and antitrust laws (July 16, 1991, p. 18397); to
    a bill extending unemployment compensation benefits during a period of
    economic recession, an amendment to stimulate economic growth by tax
    incentives and regulatory reform (Sept. 17, 1991, p. 23156); an
    amendment to change a direct appropriation of new budget authority from
    the general fund into a reappropriation (in effect a rescission) of
    funds previously appropriated for an entirely different purpose in a
    special reserve account (Feb. 28, 1985, p. 4146); to a bill addressing
    substance abuse through prevention and treatment, an amendment imposing
    civil penalties on drug dealers (Sept. 16, 1998, p. ----); to a
    resolution impeaching the President, an amendment censuring the
    President (Dec. 19, 1998, p. ----); to a bill authorizing a State
    attorney general to bring a civil action in Federal court against a
    person who has violated a State law regulating intoxicating liquor, an
    amendment singling out certain violations of liquor laws on the basis of
    their regard for any and all firearms issues (Aug. 3, 1999, p. ----); to
    the same bill, an amendment creating new Federal laws to regulate
    intoxicating liquor (Aug. 3, 1999, p. ----); to a bill addressing
    persons convicted of sex offenses against children with criminal
    punishment, an amendment addressing such perpetrators by treatment and
    rehabilitation (Mar. 14, 2002, p. ----).
      An <> amendment when considered as a whole should be within the
    jurisdiction of the committee reporting the bill (Jan. 29, 1976, p.
    1582; July 25, 1979, pp. 20601-03; June 27, 1985, pp. 17417-19),
    although committee jurisdiction over the subject of an amendment and of
    the original bill is not the exclusive test of germaneness (Aug. 2,
    1973, pp. 27673-75), and the Chair relates the amendment to the bill in
    its perfected form (Aug. 17, 1972, p. 28913). Thus, the following are
    not germane: To a bill reported from the Committee on Agriculture
    providing price support programs for various agricultural commodities,
    an amendment repealing price control authority for all commodities under
    an act reported from the Committee on Banking and Currency (July 19,
    1973, p. 24950); to a bill reported from the Committee on Ways and Means
    providing for a temporary increase in the public debt ceiling for the
    current fiscal year (not directly amending the Second Liberty Bond Act),
    an amendment proposing permanent changes in that Act and also affecting
    budget and appropriation procedures

    [[Page [699]]]

    (matters within the jurisdiction of other House committees) (Nov. 7,
    1973, p. 36240); to a bill relating to intelligence activities of the
    executive branch, an amendment effecting a change in the Rules of the
    House by directing a committee to impose an oath of secrecy on its
    members and staff (May 1, 1991, p. 9669); to a bill reported by the
    Committee on Government Operations creating an executive agency to
    protect consumers, an amendment conferring on congressional committees
    with oversight over consumer protection the authority to intervene in
    judicial or administrative proceedings (a rulemaking provision within
    the jurisdiction of the Committee on Rules) (Nov. 6, 1975, p. 35373); to
    a proposition reported from the Committee on Public Works and
    Transportation, authorizing funds for local public works employment, an
    amendment to mandate expenditure of already appropriated funds (as a
    purported disapproval of deferral of such funds under the Impoundment
    Control Act) and to set discount rates for reclamation and public works
    projects, subjects within the jurisdictions of the Committees on
    Appropriations and Interior and Insular Affairs (May 3, 1977, p. 13242);
    to a bill reported from the Committee on Armed Services authorizing
    military procurement and personnel strengths for one fiscal year, a
    proposition imposing permanent prohibitions and conditions on troop
    withdrawals from the Republic of Korea since including statements of
    policy within the jurisdiction of the Committee on Foreign Affairs (May
    24, 1978, pp. 15293-95); to a bill reported from the Committee on
    Government Operations creating a new department, transferring the
    administration of existing laws to it, and authorizing appropriations to
    carry out the Act subject to provisions in existing law, an amendment
    prohibiting the use of funds so authorized to carry out a designated
    funding program transferred to the department, where the purpose of the
    authorization is to allow appropriations in general appropriation bills
    for the department to carry out its functions but where changes in the
    laws to be administered by the department remain within the jurisdiction
    of other committees of the House (June 19, 1979, p. 15570); to a bill
    reported by the Committee on Public Works authorizing funds for highway
    construction and mass transportation systems using motor vehicles, an
    amendment relating to urban mass transit (then within the jurisdiction
    of the Committee on Banking and Currency) and the railroad industry
    (then within the jurisdiction of the Committee on Interstate and Foreign
    Commerce) (Oct. 5, 1972, p. 34115); to a bill reported from the
    Committee on Interior and Insular Affairs designating certain areas in a
    State as wilderness, an amendment providing unemployment benefits to
    workers displaced by the designation (a subject in the jurisdiction of
    other committees) (Mar. 21, 1983, p. 6347); to a bill reported from the
    Committee on Science and Technology authorizing environmental research
    and development activities of an agency, an amendment expressing the
    sense of Congress with respect to that agency's regulatory and
    enforcement authority, within the jurisdiction of the Committee on
    Energy and Commerce (Feb. 9, 1984, p. 2423); to a bill authorizing
    environmental research and development activities of an agency for

    [[Page [700]]]

    two years, an amendment adding permanent regulatory authority for that
    agency by amending a law not within the jurisdiction of the committee
    reporting the bill (June 4, 1987, p. 14757); to a bill reported from the
    Committee on Education and Labor dealing with education, an amendment
    regulating telephone communications (a matter within the jurisdiction of
    the Committee on Energy and Commerce) (Apr. 19, 1988, p. 7355); to a
    bill addressing various research programs and authorities, an amendment
    addressing matters of fiscal and economic policy and regulation (July
    16, 1991, p. 18391; Sept. 22, 1992, pp. 26734, 26741); to a bill
    reported from the Committee on Ways and Means addressing unemployment
    compensation, an amendment addressing stimuli for economic growth
    involving the jurisdictions of the Committees on Banking, Finance, and
    Urban Affairs and the Judiciary (Sept. 17, 1991, p. 23177); to a bill
    reported from the Committee on Armed Services amending several laws
    within that committee's jurisdiction on military procurement and policy,
    an amendment to the Renegotiation Act, a matter within the jurisdiction
    of the Committee on Banking, Finance and Urban Affairs and not solely
    related to military contracts (June 26, 1985, pp. 17417-19) and an
    amendment requiring reports on Soviet Union compliance with arms control
    commitments, a matter exclusively within the jurisdiction of the
    Committee on Foreign Affairs (Deschler-Brown, ch. 28, Sec. 4.26); to a
    bill reported from the Committee on Energy and Commerce, relating to
    mentally ill individuals, an amendment prohibiting the use of general
    revenue sharing funds (within the jurisdiction of the Committee on
    Government Operations) (Jan. 30, 1986, p. 1053); to a bill reported from
    the Committee on Merchant Marine and Fisheries authorizing various
    activities of the Coast Guard, an amendment urging the Secretary of
    State in consultation with the Coast Guard to elicit cooperation from
    other nations concerning certain Coast Guard and military operations (a
    matter within the jurisdiction of the Committee on Foreign Affairs)
    (July 8, 1987, p. 19013); to a bill reported by the Committee on
    Banking, Finance and Urban Affairs dealing with housing and community
    development grant and credit programs, an amendment expressing the sense
    of Congress on tax policy (the deductibility of mortgage interest), a
    matter within the jurisdiction of the Committee on Ways and Means (Aug.
    1, 1990, p. 21256); to a bill reported from the Committee on Education
    and Labor authorizing a variety of civilian national service programs,
    an amendment establishing a contingent military service obligation (a
    matter within the selective service jurisdiction of the Committee on
    Armed Services) (July 28, 1993, p. 17398); to a bill reauthorizing
    programs administered by two agencies within one committee's
    jurisdiction, an amendment more general in scope affecting agencies
    within the jurisdiction of other committees (May 12, 1994, p. 10024); to
    a bill reported by the Committee on Transportation and Infrastructure
    reforming and privatizing Amtrak, an amendment rescinding previously
    appropriated funds for certain administrative expenses, a matter within
    the jurisdiction of the Committee on Appropriations (Nov. 30, 1995, p.
    35071); to a measure expressing a sense

    [[Page [701]]]

    of Congress with respect to the availability of public funds for
    expenses incurred in the evaluation of a problem, an amendment
    addressing legislative responses to that problem, within the
    jurisdiction of other committees (Feb. 4, 1998, p. ----); to a bill
    reported from Government Reform and Oversight proposing to alter
    responsibilities of executive branch agencies under an existing law, an
    amendment proposing to extend the application of that law to entities of
    the legislative branch, a matter within the jurisdiction of the
    Committee on House Administration (Mar. 12, 1998, p. ----); to a
    resolution authorizing the deployment of troops to implement a peace
    agreement within the jurisdiction of the Committee on International
    Relations, an amendment expressing support for the armed forces carrying
    such mission within the jurisdiction of both the Committees on Armed
    Services and International Relations (Mar. 11, 1999, p. ----); to a bill
    addressing certain diplomatic efforts to curb alleged price-fixing in
    the global oil market within the jurisdiction of the Committee on
    International Relations, an amendment proposing to suspend oil
    exportation through changes to the Mineral Leasing Act within the
    jurisdiction of the Committee on Resources and an amendment proposing to
    change the Energy Policy and Conservation Act to reauthorize
    Presidential authority to draw down the strategic petroleum reserve, a
    matter within the jurisdiction of the Committee on Commerce (Mar. 22,
    2000, p. ----).
      Committee jurisdiction is not the sole test of germaneness where: (1)
    the proposition to which the amendment is offered is so comprehensive
    (overlapping several committees' jurisdictions) as to diminish the
    pertinency of that test; (2) the amendment does not demonstrably affect
    a law within another committee's jurisdiction (July 21, 1976, p. 23167;
    Oct. 8, 1985, pp. 26548-51); (3) the portion of the bill also contains
    language, related to the amendment, not within the jurisdiction of the
    committee reporting the bill (Apr. 2, 1976, p. 9254; Aug. 10, 1984, p.
    23975); or (4) the bill has been amended to include matter within the
    jurisdiction of another committee thus permitting further similar
    amendments to be germane (July 11, 1985, p. 18601; Sept. 19, 1986, p.
    24769). Thus, to a bill reported from the Committee on Agriculture
    relating to the food stamp program, an amendment requiring the Secretary
    of the Treasury, after consultation with the Secretary of Agriculture,
    to collect from certain recipients the monetary value of food stamps
    received was held germane since the performance of new duties by the
    Secretary of the Treasury and by the Internal Revenue Service not
    affecting the application of the Internal Revenue Code is not a matter
    solely within the jurisdiction of the Committee on Ways and Means (July
    27, 1977, pp. 25249-52). On the other hand, to a comprehensive farm bill
    authorizing a variety of programs within the jurisdiction of the
    Committees on Agriculture and International Relations, and amended to
    include matter within the jurisdiction of the Committee on Energy and
    Commerce (but not amending laws within the jurisdiction of other
    committees), an amendment proposing to alter an existing interstate
    dairy compact and grant consent to additional compacts, matters

    [[Page [702]]]

    within the jurisdiction of the Committee on the Judiciary, is not
    germane (Oct. 4, 2001, p. ----).
      To a bill amending an existing law to grant to merchant mariners
    benefits substantially equivalent to those granted to veterans in a
    separate law in the jurisdiction of another committee, an amendment
    directly changing the separate law to extend its benefits to merchant
    mariners was held not germane (Sept. 9, 1992, p. 23951); but where the
    pending bill incorporates by reference provisions of a law from another
    committee and conditions the bill's effectiveness upon actions taken
    pursuant to a section of that law, an amendment to alter that section of
    the law may be germane (Apr. 8, 1974, pp. 10108-10).
      The test of the germaneness of an amendment in the nature of a
    substitute for a bill is its relationship to the bill as a whole, and is
    not necessarily determined by the content of an incidental portion of
    the amendment which, if considered separately, might be within the
    jurisdiction of another committee (Aug. 2, 1973, p. 27673; June 1, 1976,
    pp. 16021-25). However, the House may by adopting a special rule allow a
    point of order that a section of a committee amendment in the nature of
    a substitute would not have been germane if offered separately to the
    bill as introduced (May 23, 1978, pp. 15094-96; May 24, 1978, pp. 15293-
    95; Aug. 11, 1978, p. 25705).
      The fact that an amendment is offered in conjunction with a motion to
    recommit a bill with instructions does not affect the requirement that
    the subject matter of the amendment be germane and within the
    jurisdiction of the committee reporting the bill (Mar. 2, 1967, p.
    5155). Thus the following are not germane: to a bill reported from the
    Committee on Foreign Affairs addressing U.S. claims against Iraq, a
    motion to recommit with instructions to prohibit the admission of former
    members of Iraq's armed forces to the United States as refugees (a
    matter within the jurisdiction of the Committee on the Judiciary) is not
    germane (Apr. 28, 1994, p. 8803); and to a bill amending a law reported
    by the Committee on Banking and Financial Services opposing concessional
    loans to a country and outlining principles governing the conduct of
    industrial cooperation projects of U.S. nationals in that country, an
    amendment proposed in a motion to recommit waiving provisions of other
    law by requiring changes in tariff schedules to achieve overall trade
    reciprocity between that country and the United States, a subject within
    the jurisdiction of the Committee on Ways and Means (Nov. 6, 1997, p. --
    --).
      The <> standards by which the germaneness of an amendment may be
    measured, as set forth in Sec. Sec. 932-934, supra, are not exclusive;
    an amendment and the matter to which offered may be related to some
    degree under the tests of subject matter, purpose, and jurisdiction, and
    still not be considered germane under the precedents. Thus, the
    following have been held not to be germane: To a proposition relating to
    the terms of Senators, an amendment changing the manner of their
    election (V, 5882);

    [[Page [703]]]

    to a bill relating to commerce between the States, an amendment relating
    to commerce within the several States (V, 5841); to a proposition to
    relieve destitute citizens of the United States in Cuba, a proposition
    declaring a state of war in Cuba and proclaiming neutrality (V, 5897);
    to a proposition for the appointment of a select committee to
    investigate a certain subject, an amendment proposing an inquiry of the
    executive on that subject (V, 5891); to a bill granting a right of way
    to a railroad, an amendment providing for the purchase of the railroad
    by the Government (V, 5887); to a provision for the erection of a
    building for a mint, an amendment to change the coinage laws (V, 5884);
    to a resolution proposing expulsion, an amendment proposing censure (VI,
    236); to a resolution authorizing the administration of the oath to a
    Member-elect, an amendment authorizing such oath administration but
    adding several conditions of punishment predicated on acts committed in
    a prior Congress (Jan. 3, 1969, pp. 23-25); to a general tariff bill, an
    amendment creating a tariff board (May 6, 1913, p. 1234; Speaker Clark,
    May 8, 1913, p. 1381); to a proposition to sell two battleships and
    build a new battleship with the proceeds, a proposition to devote the
    proceeds to building wagon roads (VIII, 2973); to a bill authorizing a
    State attorney general to bring a civil action in Federal court against
    a person who has violated a State law regulating intoxicating liquor, an
    amendment singling out certain violations of liquor laws on the basis of
    their regard for any and all firearms issues (Aug. 3, 1999, p. ----).
      One <> individual proposition may not be amended by another
    individual proposition even though the two belong to the same class
    (VIII, 2951-2953, 2963-2966, 3047; Jan. 29, 1986, p. 684; Oct. 22, 1990,
    p. 32346; Oct. 24, 1991, p. 28561). Thus, the following are not germane:
    To a bill proposing the admission of one territory into the Union, an
    amendment for admission of another territory (V, 5529); to a bill
    amending a law in one particular, amending the law in another particular
    (VIII, 2949); to a proposition to appropriate or to authorize
    appropriations for only one year (and containing no provisions extending
    beyond that year), an amendment to extend the authorization or
    appropriation to another year (VIII, 2913; Nov. 13, 1980, pp. 29523-28;
    see also May 2, 1979, p. 9564; Oct. 12, 1979, pp. 28097-99); to a
    measure earmarking funds in an appropriation bill, an amendment
    authorizing the program for which the appropriation is made (Nov. 15,
    1989, p. 29019); to a bill for the relief of one individual, an
    amendment proposing similar relief for another (V, 5826-5829); to a
    resolution providing a special order for one bill, an amendment to
    include another bill (V, 5834-5836); to a provision for extermination of
    the cotton-boll weevil, an amendment including the gypsy moth (V, 5832);
    to a provision for a clerk for one committee, an amendment for a clerk
    to another committee (V, 5833); to a Senate amendment dealing with use
    of its contingent fund for art restoration in that body, a proposed
    House amendment for use of the House contingent fund for a similar but
    broader purpose (May 24,

    [[Page [704]]]

    1990, p. 12203); to a bill prohibiting transportation of messages
    relative to dealing in cotton futures, an amendment adding wheat, corn,
    etc. (VIII, 3001); to a bill prohibiting cotton futures, an amendment
    prohibiting wheat futures (VIII, 3001); to a bill for the relief of
    certain aliens, an amendment for the relief of other persons who are not
    aliens (May 14, 1975, p. 14360); to a bill providing relief for
    agricultural producers, an amendment extending such relief to commercial
    fishermen, another class within the jurisdiction of another committee
    (Apr. 24, 1978, p. 11080); to a bill governing the political activities
    of Federal civilian employees, an amendment to cover members of the
    uniformed services (June 7, 1977, p. 17713); to a bill covering the
    civil service system for Federal civilian employees, an amendment
    bringing other classes of employees (postal and District of Columbia
    employees) within the scope of the bill (Sept. 7, 1978, pp. 28437-39;
    Oct. 9, 1985, pp. 26951-54); to a portion of an appropriation bill
    containing funds for a certain purpose to be expended by one agency, an
    amendment containing funds for another agency for the same purpose (July
    24, 1981, p. 17226); to an amendment exempting national defense budget
    authority from the reach of a proposed Presidential rescission
    authority, an amendment exempting social security (Feb. 2, 1995, p.
    5501); to a Senate amendment striking an earmarking from an
    appropriation bill, a House amendment reinserting part of the amount but
    adding other earmarking for unrelated programs (Nov. 15, 1989, p.
    29019); to a Senate amendment relating to a feasibility study of a land
    transfer in one State, a House amendment requiring an environmental
    study of land in another State (Nov. 15, 1989, p. 29035); to a bill
    prohibiting certain uses of polygraphy in the private sector, an
    amendment applying the terms of the bill to the Congress (Nov. 4, 1987,
    p. 30870); to a bill to determine the equitability of Federal pay
    practices under statutory systems applicable to agencies of the
    executive branch, an amendment to extend the scope of the determination
    to pay practices in the legislative branch (ruling sustained by
    Committee of Whole, Sept. 28, 1988, p. 26422); to a special
    appropriation bill providing funds and authority for agricultural credit
    programs but containing no transfers of funds, reappropriations, or
    rescissions, an amendment (contained in a motion to recommit) deriving
    funds for the bill by transfer of unobligated balances in the Energy
    Security Reserve and thus decreasing and transferring funds provided for
    a program unrelated to the subject matter or method of funding provided
    in the bill (Feb. 28, 1985, p. 4146); to a bill prohibiting importation
    of goods made in whole or in part by convict, pauper, or detained labor,
    or made in whole or in part from materials that have been made in whole
    or in part in any manner manipulated by convict or prison labor, an
    amendment prohibiting importation of goods produced by child labor, a
    second discrete class (VIII, 2963); similarly, to an amendment
    authorizing grants to States for purchase of one class of equipment
    (photographic and fingerprint equipment) for law enforcement purposes,
    an amendment including assistance for the purchase of a different class
    of equipment (bulletproof vests) (Oct. 12, 1979, pp. 28121-

    [[Page [705]]]

    24); to a bill repealing section 14(b) of the National Labor Relations
    Act and making conforming changes in two related sections of labor law,
    all pertaining solely to the so-called ``right-to-work'' issue, an
    amendment excluding from the applicability of certain labor-management
    agreements members of religious groups (July 28, 1965, p. 18633); to a
    bill relating to the design of certain coin currency, an amendment
    specifying the metal content of other coin currency (Sept. 12, 1973, p.
    29376); to a proposition to accomplish a single purpose without amending
    a certain existing law, an amendment to accomplish another individual
    purpose by changing that existing law (Dec. 14, 1973, pp. 41723-25); to
    a bill regulating poll closing time in Presidential general elections,
    an amendment extending its provisions to Presidential primary elections
    (Jan. 29, 1986, p. 684); to a bill authorizing grants to private
    entities furnishing health care to underserved populations, an amendment
    authorizing grants to States to control a public health hazard was held
    not germane as relating to a different category of recipient (Mar. 5,
    1986, p. 3604); to a bill siting a certain type of repository for a
    specified kind of nuclear waste, an amendment prohibiting the
    construction at another site of another type of repository for another
    kind of nuclear waste (July 21, 1992, p. 18718); to a bill addressing
    violent crimes, an amendment addressing nonviolent crimes, such as
    crimes of fraud and deception or crimes against the environment (May 7,
    1996, pp. 10342, 10343); to a bill naming a facility after a specific
    person, an amendment proposing to substitute the name of a different
    person is not germane (VIII, 2955) where it could not be shown that the
    amendment intended a return to the facility's existing designation (Feb.
    4, 1998, p. ----); to a joint resolution addressing whether public funds
    should be available for specified endeavors of one group, an amendment
    addressing the same question for unrelated endeavors of another group
    (Feb. 4, 1998, p. ----); to a bill proposing to alter responsibilities
    of executive branch agencies under an existing law, an amendment
    proposing to extend the application of that law to entities of the
    legislative branch (Mar. 12, 1998, p. ----).
      A <> specific subject may not be amended by a provision general in
    nature, even when of the class of the specific subject (V, 5843-5846;
    VIII, 2997, 2998; July 31, 1985, pp. 21832-34; see also Deschler-Brown,
    ch. 28, Sec. 9). Thus the following are not germane: To a bill for the
    admission of one territory into the Union, an amendment providing for
    the admission of several other territories (V, 5837); to a bill relating
    to all corporations engaged in interstate commerce, an amendment
    relating to all corporations (V, 5842); to a bill proscribing certain
    picketing in the District of Columbia, an amendment making the
    provisions thereof applicable throughout the United States (Aug. 22,
    1966, p. 20113); to a joint resolution proposing an amendment to the
    Constitution prohibiting the United States or any State from denying
    persons 18 years of age or older the right to vote, an amendment
    requiring the United States and all States to treat persons 18 years and
    older as having reached the age of majority for all purposes

    [[Page [706]]]

    under the law (Mar. 23, 1971, p. 7567); to a bill dealing with
    enforcement of United Nations sanctions against one country in relation
    to a specific trade commodity, an amendment imposing United States
    sanctions against all countries for all commodities and communications
    (Mar. 14, 1977, p. 7446); to a bill to enable the Department of HEW to
    investigate and prosecute fraud and abuse in medicare and medicaid
    health programs, an amendment to prohibit any officer or employee from
    disclosing any identifiable medical record absent patient approval
    (Sept. 23, 1977, pp. 30534-35); to an amendment to a budget resolution
    changing one functional category only, an amendment changing several
    other categories and covering an additional fiscal year (May 2, 1979,
    pp. 9556-64); to a bill authorizing funds for radio broadcasting to
    Cuba, an amendment broadening the bill to include broadcasting to all
    dictatorships in the Caribbean Basin (Aug. 10, 1982, p. 20256); to a
    bill relating to aircraft altitude over units of the National Park
    System, an amendment relating to aircraft collision avoidance generally
    (Sept. 18, 1986, p. 24084); to a proposition prohibiting the use of
    funds appropriated for a fiscal year for a specified purpose, an
    amendment prohibiting the use of funds appropriated for that or any
    prior fiscal year for an unrelated purpose is not germane (June 30,
    1987, p. 18294); to a proposition providing for a training vessel for
    one state maritime academy, an amendment relating to training vessels
    for all state maritime academies is not germane (June 30, 1987, p.
    18296); to a proposition waiving a requirement in existing law that an
    authorizing law be enacted prior to the obligation of certain funds, an
    amendment affirmatively enacting bills containing not only that
    authorization but also other policy matters (Sept. 28, 1988, p. 26108);
    to a proposition pertaining only to a certain appropriation account in a
    bill, an amendment relating not only to that account but also to funds
    in other acts (Sept. 30, 1988, p. 27148); to a proposition raising an
    employment ceiling for one year, an amendment proposing also to address
    in permanent law a hiring preference system for such employees (Oct. 11,
    1989, p. 24089); to an omnibus farm bill, with myriad programs to
    improve agricultural economy, an amendment to the Animal Welfare Act but
    not limited to agricultural pursuits (Aug. 1, 1990, p. 21573); to a bill
    authorizing Federal funding for qualifying State national service
    programs, an amendment conditioning a portion of such funding on the
    enactment of State laws immunizing volunteers in nonprofit or public
    programs, generally, from certain legal liabilities (July 28, 1993, p.
    17401); to an amendment addressing particular educational requirements
    imposed on educational agencies by the underlying bill, an amendment
    addressing any requirements imposed on educational agencies by the
    underlying bill (Mar. 21, 1994, p. 5771); to a bill reauthorizing
    programs administered by the Economic Development Administration and the
    Appalachian Regional Commission, an amendment providing for the waiver
    of any Federal regulation that would interfere with economic development
    (May 12, 1994, p. 10024); to a bill prohibiting a certain class of
    abortion procedures, an amendment prohibiting any or all abortion
    procedures (Mar.

    [[Page [707]]]

    20, 1997, p. ----); to a bill addressing a class of imported goods
    (those produced by forced labor), an amendment addressing all imported
    goods from one specified country (Nov. 5, 1997, p. ----); and to a
    general appropriation bill, an amendment in the form of a limitation on
    funds therein for activities unrelated to the functions of departments
    and agencies addressed by the bill (July 10, 2000, p. ----).
      To a bill limited in its applicability to certain departments and
    agencies of government, an amendment applicable to all departments and
    agencies is not germane (Sept. 27, 1967, p. 26957). Thus, the following
    are not germane: to a bill establishing an office without regulatory
    authority in the Department of the Interior to manage biological
    information, an amendment addressing requirements of compensation for
    constitutional takings by other regulatory agencies (Oct. 26, 1993, p.
    26076); to a bill amending an authority of an agency under an existing
    law, an amendment independently expressing the sense of Congress on
    regulatory agencies generally (May 14, 1992, p. 11287); to a proposition
    authorizing activities of certain government agencies for a temporary
    period, an amendment permanently changing existing law to cover a
    broader range of government activities (May 5, 1988, p. 9938); and to a
    joint resolution continuing funding within one executive department,
    neither an amendment addressing funding for other departments nor one
    addressing the compensation of Federal employees on a government-wide
    basis (Dec. 20, 1995, pp. 37886, 37888).
      To a bill modifying an existing law as to one specific particular, an
    amendment relating to the terms of the law other than those dealt with
    by the bill is not germane (V, 5806-5808). Thus, the following are not
    germane: to a bill amending the war-time prohibition act in one
    particular, an amendment repealing that act (VIII, 2949); to a
    proposition temporarily suspending certain requirements of the Clean Air
    Act, an amendment temporarily suspending other requirements of all other
    environmental protection laws (Dec. 14, 1973, p. 41751); to an amendment
    striking from a bill one activity from those covered by the law being
    amended, a substitute striking out the entire subsection of the bill,
    thereby eliminating the applicability of existing law to a number of
    activities (Sept. 23, 1982, p. 24963); to a bill amending an existing
    law to authorize a program, an amendment restricting authorizations
    under that or any other act (Dec. 10, 1987, p. 34676); to a bill
    proposing a temporary change in law, an amendment making permanent
    changes in that law (Nov. 19, 1991, p. 32893); and to a bill amending an
    existing law in one particular, an amendment amending other laws and
    more comprehensive in scope (Nov. 19, 1993, pp. 30513, 30515, 30517).
      A bill dealing with an individual proposition but rendered general in
    its scope by amendment is then subject to further amendment by
    propositions of the same class (VIII, 3003). While a specific
    proposition covering a defined class may not be amended by a proposition
    more general in scope, the Chair may consider all pending provisions
    being read for amendment

    [[Page [708]]]

    in determining the generality of the class covered by that proposition
    (Jan. 30, 1986, p. 1051).
      A <> general subject may be amended by specific propositions
    of the same class (VIII, 3002, 3009, 3012; see also Deschler-Brown, ch.
    28, Sec. 11). Thus, the following have been held to be germane: To a
    bill admitting several territories into the Union, an amendment adding
    another territory (V, 5838); to a bill providing for the construction of
    buildings in each of two cities, an amendment providing for similar
    buildings in several other cities (V, 5840); to a resolution embodying
    two distinct phases of international relationship, an amendment
    embodying a third (V, 5839); to an amendment prohibiting indirect
    assistance to several countries, an amendment to include additional
    countries within that prohibition (Aug. 3, 1978, p. 24244); to a portion
    of a bill providing two categories of economic assistance to foreign
    countries, an amendment adding a further specific category (Apr. 9,
    1979, pp. 7755-57); to a bill bringing two new categories within the
    coverage of existing law, an amendment to include a third category of
    the same class (Nov. 27, 1967, p. 33769); to a proposition providing for
    prepayment of loans by those within a certain class of borrowers who
    meet a specified criterion, a proposed House amendment eliminating the
    criterion to broaden the applicability of the Senate amendment to
    additional borrowers within the same class (June 30, 1987, p. 18308); to
    an amendment addressing a range of criminal prohibitions, an amendment
    addressing another criminal prohibition within that range (Oct. 17,
    1991, p. 26767); to a bill addressing violent crimes, an amendment
    addressing violent crimes involving the environment (May 7, 1996, p.
    10344).
      Where a bill seeks to accomplish a general purpose (support of arts
    and humanities) by diverse methods, an amendment that adds a specific
    method to accomplish that result (artist employment through National
    Endowment for the Arts) may be germane (Apr. 26, 1976, p. 11101; see
    also June 12, 1979, p. 14460). However, to a resolution authorizing a
    class of employees in the service of the House, an amendment providing
    for the employment of a specified individual was held not to be germane
    (V, 5848-5849). Other examples of amendments that have been held to be
    germane under this theory include: to a proposition relating in many
    diverse respects to the political rights of the people of the District
    of Columbia, an amendment conferring upon that electorate the additional
    right of electing a nonvoting Delegate to the Senate (Oct. 10, 1973, p.
    33656); to a bill containing definitions of several of the terms used
    therein, an amendment modifying one of the definitions and adding
    another (Sept. 26, 1967, p. 26878); to a bill authorizing a broad
    program of research and development, an amendment directing specific
    emphasis in the administration of the program (Dec. 19, 1973, p. 42607);
    to a bill providing for investigation of relationships between
    environmental pollution and cancer, an amendment to investigate the
    impact of personal health habits, such as cigarette smoking, on that
    relationship (Sept. 15, 1976, pp. 30496-98); to a supplemental appropria

    [[Page [709]]]

    tion bill containing funds for several departments and agencies, an
    amendment in the form of a new chapter providing funds for capital
    outlays for subway construction in the District of Columbia (May 11,
    1971, p. 14437); to a proposal authorizing military procurement,
    including purchase of food supplies, an amendment authorizing
    establishment that fiscal year of a military preparedness grain reserve,
    as a more specific authorization (July 20, 1982, pp. 17073, 17074,
    17092, 17093).
      To <> a
    bill amending a general law on a specific point an amendment relating to
    the terms of the law rather than to those of the bill was ruled not to
    be germane (V, 5808; VIII, 2707, 2708); thus a bill amending several
    sections of one title of the United States Code does not necessarily
    bring the entire title under consideration so as to permit an amendment
    to any portion thereof (Oct. 11, 1967, p. 28649), and where a bill
    amends existing law in one narrow particular, an amendment proposing to
    modify such existing law in other particulars will generally be ruled
    out as not germane (Aug. 16, 1967, p. 22768; VIII, 2709, 2839, 3013,
    3031; May 12, 1976, p. 13532). To a bill narrowly amending an anti-
    discrimination provision in the Education Amendments of 1972 only to
    clarify the definition of a discriminating entity subject to the
    statutory penalties (denial of Federal funding), amendments re-defining
    a class of discrimination (sex), expanding the definition of persons who
    are the subject of discrimination (to include the unborn), and deeming a
    new entity (Congress) to be a recipient of Federal assistance (a class
    not necessarily covered by the class covered by the bill), were ruled
    not to be germane (June 26, 1984, pp. 18847, 18857, 18861). But to the
    same bill, an amendment merely defining a word used in the bill was held
    germane (June 26, 1984, p. 18865). Unless a bill so extensively amends
    existing law as to open up the entire law to amendment, the germaneness
    of an amendment to the bill depends on its relationship to the subject
    of the bill and not to the entire law being amended (Oct. 28, 1975, p.
    34031). But a bill amending several sections of an existing law may be
    sufficiently broad to permit amendments that are germane to other
    sections of that law not mentioned in the bill (Feb. 19, 1975, p. 3596;
    Sept. 14, 1978, p. 29487). To a bill continuing and re-enacting an
    existing law amendments germane to the existing act sought to be
    continued have been held germane to the pending bill (VIII, 2940, 2941,
    2950, 3028; Oct. 31, 1963, p. 20728; June 1, 1976, p. 16045); but where
    a bill merely extends an official's authority under existing law, an
    amendment permanently amending that law has been held not in order
    (Sept. 29, 1969, pp. 27341-43). Thus where a bill authorized
    appropriations to an agency for one year but did not amend the organic
    law by extending the existence of that agency, an amendment extending
    the life of another entity mentioned in the organic law was held not
    germane (May 20, 1976, p. 14912). An amendment making permanent changes
    in the law relating to organization of an agency is not germane to a
    title of a bill only authorizing appropriations for such agency for one
    fiscal year (Nov. 29, 1979,

    [[Page [710]]]

    p. 34090); to a general appropriation bill providing funds for one
    fiscal year, an amendment changing a permanent appropriation in existing
    law and changing congressional procedures for consideration of that
    general appropriation bill in future years is more general in scope and
    in part within the jurisdiction of the Committee on Rules and therefore
    is not germane (June 29, 1987, p. 18083); and to a temporary
    authorization bill prescribing the use of an agency's funds for two
    years but not amending permanent law, an amendment permanently changing
    the organic law governing that agency's operations is not germane (Dec.
    2, 1982, p. 28537, concerning Sept. 28, 1982, p. 25465). However, to a
    bill authorizing appropriations for a department for one fiscal year,
    where the effect of the department's activities pursuant to that
    authorization may extend beyond such year, an amendment directing a
    specific use of those funds to perform an activity that may not be
    completed within the fiscal year was nevertheless germane, since limited
    to funds in the bill (Oct. 18, 1979, p. 28763). Similarly, to a one-year
    authorization bill containing diverse limitations and directions to the
    agency in question during such year, an amendment further directing the
    agency to obtain information from the private sector, and to make such
    information public during such year, was held germane (Oct. 18, 1979,
    pp. 28815-17). While an amendment making a permanent change in existing
    law has been held not germane to a bill proposing a temporary change in
    that law, where it is apparent that the fundamental purpose of the
    amendment is to have only temporary effect and to accomplish the same
    result as the bill it may be germane. Thus to a bill providing a
    temporary extension of existing authority, an amendment achieving the
    same purpose by providing a nominally permanent authority was held
    germane where both the bill and the amendment were based on reported
    economic projections under which either would achieve the same,
    necessarily temporary result by method of direct or indirect amendment
    to the same existing law (May 13, 1987, p. 12344). However, to a
    proposal continuing the availability of appropriated funds and also
    imposing diverse legislative conditions upon the availability of
    appropriations, an amendment directly and permanently changing existing
    law as to the eligibility of recipients of funds was held to be
    nongermane (Dec. 10, 1981, pp. 30536-38). To a bill extending an
    existing law in modified form, an amendment proposing further
    modification of that law may be germane (Apr. 23, 1969, p. 10067; Feb.
    19, 1975, p. 3596). But to a bill amending a law in one particular, an
    amendment repealing the law is not germane (Jan. 14, 1964, p. 423). To a
    bill amending a general law in several particulars, an amendment
    providing for the repeal of the whole law was held germane (V, 5824),
    but the bill amending the law must so vitally affect the whole law as to
    bring the entire act under consideration before the Chair will hold an
    amendment repealing the law or amending any section of the law germane
    to the bill (VIII, 2944; Apr. 2, 1924, p. 5437). Where a bill repeals a
    provision of law, an amendment modifying that provision rather than
    repealing it may be germane (Oct. 30, 1969, p. 32466); but the
    modification must

    [[Page [711]]]

    relate to the provision of law being repealed (July 28, 1965, p. 18636).
    Generally to a bill amending one existing law, an amendment changing the
    provisions of another law or prohibiting assistance under any other law
    is not germane (May 11, 1976, p. 13419; Aug. 12, 1992, p. 23238). To a
    bill amending the Bretton Woods Act in relation to the International
    Monetary Fund, an amendment prohibiting the alienation of gold to the
    IMF or to any other international organization or its agents was held
    not germane (July 27, 1976, p. 24040). However, to a bill
    comprehensively amending several laws within the same class, an
    amendment further amending one of those laws on a subject within that
    class is germane (May 12, 1976, p. 13530); and to a bill authorizing
    funding for the intelligence community for one fiscal year and making
    diverse changes in permanent laws relating thereto, an amendment
    changing another permanent law to address accountability for
    intelligence activities was held germane (Oct. 17, 1990, p. 30171). To a
    title of a bill dealing with a number of unrelated authorities of the
    Secretary of Agriculture, an amendment amending another act within the
    jurisdiction of the Committee on Agriculture to require the adoption of
    a minimum standard for the contents of ice cream was held germane since
    restricted to the authority of the Secretary of Agriculture (July 22,
    1977, pp. 24558-70). But to a section of a bill amending a section of
    the National Labor Relations Act dealing with procedural rules governing
    labor elections and organizations, an amendment changing the same
    section of law to require promulgation of rules defining certain conduct
    as an unfair labor practice was held not germane, where neither the
    pending section nor the bill itself addressed the subject of unfair
    labor practices dealt with in another section of the law (Oct. 5, 1977,
    p. 32507). To a bill narrowly amending one subsection of existing law
    dealing with one specific criminal activity, an amendment postponing the
    effective date of the entire section, affecting other criminal
    provisions and classes of persons as well as the one amended by the
    bill, or an amendment to another subsection of the law dealing with a
    related but separate prohibition was held not germane (May 16, 1979, pp.
    11470-72), but to an amendment adding sundry punitive sections to the
    Federal criminal code, an amendment creating an exception to the
    prohibition of another such section was held germane (Oct. 17, 1991, p.
    26767).
      Restrictions, <> qualifications, and limitations
    sought to be added by way of amendment must be germane to the provisions
    of the bill. Conditioning the availability of funds may be germane if
    the condition is related to the general purpose and within the scope of
    the pending proposition (Deschler-Brown, ch. 28, Sec. Sec. 29-34). Thus,
    the following are germane: to a bill authorizing the funding of a
    variety of programs that satisfy several stated requirements in order to
    accomplish a general purpose, an amendment conditioning the availability
    of those funds upon implementation by their recipients of another
    program related to that general purpose (June 18, 1973, p. 20100); to a
    bill authorizing funds for mili

    [[Page [712]]]

    tary procurement and construction, an amendment declaring that none of
    the funds be used to carry out military operations in North Vietnam
    (Mar. 2, 1967, p. 5143); an amendment to an authorization bill that
    conditions the expenditure of funds covered by the bill by restricting
    their availability during months in which there is an increase in the
    public debt, as long as the amendment does not directly affect other
    provisions of law or impose contingencies textually predicated upon
    other unrelated actions of Congress (Sept. 25, 1979, pp. 26150-52); an
    amendment proposing a conditional restriction on the availability of
    funds to carry out an activity, that merely requires observation of
    similar activities of another country, which similar conduct already
    constitutes the policy basis for the funding of that governmental
    activity (May 16, 1984, p. 12510); an amendment restricting the payment
    of Federal funds in a bill to States that enact certain laws relating to
    the activities being funded (July 28, 1993, p. 17403); an amendment that
    conditions the availability of funds authorized in the bill by adopting
    as a measure of their availability the expenditure during the fiscal
    year of a comparable percentage of funds authorized by other acts as
    long as the amendment does not directly affect the use of other funds
    (July 26, 1973, p. 26210); to a bill authorizing certain housing
    programs, an amendment restricting the amounts of direct spending in the
    bill to the levels set in the concurrent resolution on the budget as
    merely a measure of availability of funds in the bill and not a
    provision directly affecting the congressional budget process (June 11,
    1987, p. 15540); to a proposition restricting the availability of funds
    to a certain category of recipients, an amendment further restricting
    the availability of funds to a subcategory of the same recipients (Sept.
    25, 1979, pp. 26135-43); to a bill authorizing appropriations for an
    agency, an amendment prohibiting the use of funds for any purpose to
    which the funds may otherwise be applied (Nov. 5, 1981, p. 26716); an
    amendment that conditions the availability of funds covered by a bill by
    adopting as a measure of their availability the monthly increases in the
    public debt as long as the amendment does not directly affect other
    provisions of law or impose unrelated contingencies (Sept. 25, 1979, pp.
    26150-52); to a bill authorizing defense assistance to a foreign nation,
    an amendment delaying the availability of that assistance until that
    nation's former ambassador testified before a House committee, which had
    been directed by the House to investigate gifts by that nation's
    representatives to influence Members and employees, as a contingency
    that sought to compel the furnishing of information related to efforts
    to induce defense assistance to that nation (Aug. 2, 1978, p. 23932); to
    a provision authorizing funds for a fiscal year, an amendment
    restricting the availability of funds appropriated pursuant thereto for
    a specified purpose until enactment of a subsequent law authorizing that
    purpose (July 21, 1983, p. 20198); to a bill authorizing humanitarian
    and evacuation assistance to war refugees, an amendment making such
    authorization contingent on a report to Congress on costs of a portion
    of the evacuation program (but not requiring implementation of any new
    pro

    [[Page [713]]]

    gram) (Apr. 23, 1975, p. 11529); and to an amendment precluding the
    availability of an authorization for part of a fiscal year and then
    permitting availability for the remainder of the year based upon a
    contingency, an amendment constituting a prohibition on the availability
    of the same funds for the entire fiscal year (May 16, 1984, p. 12567).
      On the other hand, the following conditions on the availability of
    funds are not germane: an amendment conditioning the use of funds on the
    conduct of congressional hearings addressing an unrelated subject (July
    22, 1994, p. 17613); to a proposition conditioning the availability of
    funds upon the enactment of an authorizing statute for the enforcing
    agency, a substitute conditioning the availability of some of those
    funds upon a prohibition of certain imports into the United States, a
    contingency unrelated to that to which offered (Nov. 7, 1985, p. 30984);
    to a bill authorizing funds for military assistance to certain foreign
    countries, an amendment to make the availability of those funds
    contingent upon efforts by those countries to control narcotic traffic
    to the United States, and to authorize the President to offer the
    assistance of Federal agencies for that purpose, where the subjects of
    narcotics and the accessibility of Federal agencies are not contained in
    the bill (June 17, 1971, p. 20589); to a bill authorizing funds for
    foreign assistance, an amendment placing restrictions on funds
    authorized or appropriated in prior years (Aug. 24, 1967, p. 24002); to
    an amendment changing a dollar amount in a bill, a substitute therefor
    not only changing the figure but also restricting the use of any funds
    in furtherance of a certain activity (June 7, 1972, p. 19920); to a
    proposal to restrict availability of agency funds for a year and
    amending the organic law as it relates to the internal functions
    thereof, an amendment further restricting funding but also applying with
    respect to the use of funds in the bill provisions of criminal and other
    laws not applicable thereto (Oct. 26, 1989, p. 26269); to a provision
    prohibiting aid to a certain country unless certain conditions were met,
    an amendment prohibiting aid to another country until that nation took
    certain acts, and referring to funds provided in other acts (Nov. 17,
    1967, p. 32968); and an amendment conditioning the availability of funds
    to certain recipients based upon their compliance with Federal law not
    otherwise applicable to them and within the jurisdiction of other House
    committees (conditioning defense funds for procurement contracts with
    foreign contractors on their compliance with domestic law regarding
    discrimination) (June 16, 1983, p. 16060).
      An amendment to a general appropriation bill in the form of a
    limitation on funds therein for activities unrelated to the functions of
    departments and agencies addressed by the bill is not germane (July 10,
    2000, p. ----).
      An amendment delaying the availability of authorizations pending
    unrelated determinations involving agencies and committee jurisdictions
    not within the purview of the bill is also not germane (Feb. 7, 1973, p.
    3708; July 8, 1981, p. 15010; July 9, 1981, p. 15218). Thus, the
    following are not germane: to a bill authorizing military assistance to
    Israel and funds for a U.N. emergency force in the Middle East, an
    amendment postponing

    [[Page [714]]]

    the availability of funds to Israel until the President certifies the
    existence of a designated level of domestic energy supplies (Dec. 11,
    1973, p. 40837); an amendment delaying the availability of an
    appropriation pending the enactment of certain revenue legislation (Oct.
    25, 1979, p. 29639); to a bill authorizing radio broadcasting to Cuba,
    an amendment prohibiting the use of those funds until Congress has
    considered a constitutional amendment mandating a balanced budget (Aug.
    10, 1982, p. 20250).
      Similarly, while it may be in order on a general appropriation bill to
    delay the availability of certain funds therein if the contingency does
    not impose new duties on executive officials, the contingency must be
    related to the funds being withheld and cannot affect other funds in the
    bill not related to that factual situation (VII, 1596, 1600), may not be
    made applicable to a trust fund provided (IV, 4017), or may not be made
    applicable to money appropriated in other acts (IV, 3927; VII, 1495,
    1597-1599). Thus, to a general appropriation bill containing funds not
    only for a former President but also for other departments and agencies,
    an amendment delaying the availability of all funds in the bill until
    the former President had made restitution of a designated amount of
    money is not germane (Oct. 2, 1974, p. 33620). On the other hand, to a
    general appropriation bill providing funds for the Department of
    Agriculture and including specific allocation of funds for pest control,
    an amendment was germane that prohibited the use of funds for use of
    pesticides prohibited by State or local law (May 26, 1969, p. 13753).
      It is not in order to amend a bill to delay the effectiveness of the
    legislation pending an unrelated contingency (VIII, 3035, 3037). Thus
    the following are not germane: An amendment delaying the bill's
    effectiveness pending unrelated determinations involving agencies and
    committee jurisdictions not within the purview of the bill (Feb. 7,
    1973, p. 3708; July 8, 1981, p. 15010; July 9, 1981, p. 15218); an
    amendment delaying the bill's effectiveness pending enactment of
    unrelated State legislation (June 29, 1967, p. 17921; July 28, 1993, p.
    17401); to a bill proposing relief for women and children in Germany, an
    amendment delaying the effectiveness of such relief until a soldier's
    compensation act shall have been enacted (VIII, 3035); to a bill naming
    an airport, an amendment conditioning the naming on approval by an
    entity without jurisdiction over the administration of the airport (Feb.
    4, 1998, p. ----). On the other hand, the following are germane: an
    amendment delaying operation of a proposed enactment pending an
    ascertainment of a fact when the fact to be ascertained relates to the
    subject matter of the bill (VIII, 3029; Dec. 15, 1982, pp. 30957-61); an
    amendment postponing the effective date of a title of a bill to a date
    certain (July 25, 1973, p. 25828); to a provision to become effective
    immediately, an amendment deferring the time at which it shall become
    effective, without involving affirmative legislation (VIII, 3030).
      Where a proposition confers broad discretionary power on an executive
    official, an amendment is germane which directs that official to take
    certain actions in the exercise of the authority or proposes to limit
    such authority

    [[Page [715]]]

    (VIII, 3022). Thus the following are germane: to an amendment in the
    nature of a substitute authorizing the Federal Energy Administrator to
    restrict exports of certain energy resources, an amendment directing
    that official to prohibit the exportation of petroleum products for use
    in Indochina military operations (Dec. 14, 1973, p. 41753); to a
    provision conferring Presidential authority to establish priorities
    among users of petroleum products and requiring priority to education
    and transportation users, an amendment restricting such regulatory
    authority by requiring that petroleum products allocated for public
    school transportation be used only between the student's home and the
    closest school (Dec. 13, 1973, pp. 41267-69); to a bill extending the
    authorities of one government agency, including requirements for
    consultation with several other agencies, an amendment requiring that
    agency to perform a function based upon an analysis furnished by yet
    another agency, as an additional limitation on the authority of the
    agency being extended which did not separately mandate the performance
    of an unrelated function by another entity (July 27, 1978, p. 23107); to
    a proposition authorizing a program to be undertaken, a substitute
    providing for a study to determine the feasibility of undertaking the
    same type of program, as a more limited approach involving the same
    agency (June 26, 1985, pp. 17453, 17458, 17460) (in effect overruling
    VIII, 2989); and to a bill limiting an official's authority to construe
    legal authorities transferred to him in the bill, an amendment further
    restricting his authority to construe under any circumstances certain
    other laws to be administered by him (as an additional, although more
    restrictive, curtailment of existing authorities transferred by the
    bill) (June 11, 1979, pp. 14226-38).
      An amendment providing a privileged procedure for expedited review of
    an agency's regulations is not germane where the bill does not contain
    such procedures (Aug. 13, 1982, pp. 20969, 20975-78). On the other hand
    to a bill authorizing an agency to undertake certain activities, an
    amendment allowing Congress to disapprove regulations issued pursuant
    thereto if the disapproval mechanism does not amend the rules or
    procedures of the House is germane (May 4, 1976, p. 12348); and to a
    bill directing the furnishing of certain intelligence information to the
    House without amending any House procedure, an amendment imposing
    relevant conditions of security on the handling of such information in
    committee (also without amending any House procedure) for the period
    covered by the bill is also germane (June 11, 1991, p. 14204).
      It is germane to condition or restrict assistance to a particular
    class of recipient covered by the underlying measure. Thus, the
    following are germane: to a bill providing aid to shipping, an amendment
    to limit such aid to ships equipped with saving devices (VIII, 3027); to
    a bill authorizing the insurance of vessels, an amendment denying such
    insurance to vessels charging exorbitant rates (VIII, 3023); to a
    proposition denying benefits to recipients failing to meet a certain
    qualification, a substitute denying the same benefits to some recipients
    but excepting others (July 28, 1982,

    [[Page [716]]]

    pp. 18355-58, 18361). While a bill relating to benefits based on
    indemnification of liability arising out of an activity does not
    ordinarily admit as germane amendments relating to regulation of that
    activity, an amendment conditioning benefits upon agreement by its
    recipient to be governed by certain safety regulations may be germane if
    related to the activity giving rise to the liability (July 29, 1987, p.
    21448). On the other hand, it is not germane to condition or restrict
    assistance to a particular class of recipient upon a related contingency
    such as action or inaction by another class of recipient or agent not
    covered by the bill (Mar. 5, 1986, p. 3613).
      To a bill not only granting consent of Congress to an interstate
    compact but also imposing conditions on the granting of that consent, an
    amendment stating an additional related condition to that consent and
    not directly changing the compact may be germane (Oct. 7, 1997, p. ----
    ). To a bill regulating immigration, an amendment providing that the
    operation of the act should not conflict with an agreement with Japan is
    not germane (VIII, 3050).
      Amendments providing exceptions or exemptions must also be within the
    scope of the proposition. Thus, to a bill requiring that a certain
    percentage of autos sold in the United States be manufactured
    domestically, and imposing an import restriction for autos on persons
    violating that requirement, an amendment waiving those restrictions with
    respect to a foreign nation where the President has issued a
    proclamation that that nation is not imposing unfair import restrictions
    on any United States product was held not germane, dealing with overall
    trade issues rather than domestic content requirement for autos sold in
    the United States (Nov. 2, 1983, p. 30776). However, an amendment to the
    same bill prohibiting its implementation if resulting in United States
    violation to resolve conflicts under those agreements, was held germane
    since the bill already comprehensively addressed those subject matters
    by disclaiming any purpose to amend international agreements or to
    confer court jurisdiction relative thereto, and by conferring court
    jurisdiction over adjudication of penalties assessed under the bill
    (Nov. 2, 1983, p. 30546). Similarly, the following are germane: to a
    bill providing for the deportation of aliens, an amendment to exempt a
    portion of such aliens from deportation (VIII, 3029); to a bill
    prohibiting the issuance of injunctions by the courts in labor disputes,
    an amendment to except all labor disputes affecting public utilities
    (VIII, 3024).

    Readings
      8. <> Bills
    and joint resolutions are subject to readings as follows:

    [[Page [717]]]

          (a) A first reading is in full when the bill or joint resolution
    is first considered.
          (b) A second reading occurs only when the bill or joint resolution
    is read for amendment in a Committee of the Whole House on the state of
    the Union under clause 5 of rule XVIII.
          (c) A third reading precedes passage when the Speaker states the
    question: ``Shall the bill [or joint resolution] be engrossed [when
    applicable] and read a third time?'' If that question is decided in the
    affirmative, then the bill or joint resolution shall be read the final
    time by title and then the question shall be put on its passage.

      This provision (former clause 1 of rule XXI) rule was adopted in 1789,
    amended in 1794, 1880 (IV, 3391), and on Jan. 4, 1965 (H. Res. 8, 89th
    Cong.). This latest amendment eliminated the provision which permitted a
    Member to demand the reading in full of the engrossed copy of a House
    bill. Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 1 of rule XXI. The recodification
    also clarified paragraphs (a) and (b) to reflect the modern practice of
    first and second readings (H. Res. 5, Jan. 6, 1999, p. ----).
      Formerly a <> bill was
    read for the first time by title at the time of its introduction, but
    since 1890 all bills have been introduced by filing them with the Clerk,
    thus rendering a reading by title impossible at that time (IV, 3391).
    But the titles of all bills introduced are printed in the Journal and
    Record, thereby carrying out the real purpose of the rule.
      Under paragraph (a), the first reading of a bill is in full and occurs
    when a bill is called up in the House (IV, 3391). The initial step of
    consideration in the Committee of the Whole is sometimes referred to as
    the ``first reading.'' Under clause 5 of rule XVIII that reading is in
    full and occurs before general debate commences. However, it customarily
    is dispensed with by unanimous consent or special rule, although a
    motion to dispense with the first reading is not in order (VIII, 2335,
    2436). The Speaker may object to a request for unanimous consent to
    dispense with the first reading (IV, 3390; VII, 1054).
      Under paragraph (b), the second reading of a bill comprises its
    reading for amendment in the Committee of the Whole (Apr. 28, 1977, p.
    12635).

    [[Page [718]]]

      The right to <> demand the reading in full of the engrossed copy of a
    bill formerly guaranteed by the rule, existed only immediately after it
    had passed to be engrossed and before it had been read a third time by
    title (IV, 3400, 3403, 3404; VII, 1061); or before the yeas and nays had
    been ordered on passage (IV, 3402). The right to demand the reading in
    full caused the bill to be laid aside until engrossed even though the
    previous question had been ordered (IV, 3395-3399; VII, 1062). A
    privileged motion may not intervene before the third reading (IV, 3405),
    and the question on engrossment and third reading is not subject to a
    demand for division of the question (Aug. 3, 1989, p. 18544). A vote on
    passage must first be reconsidered to remedy the omission to read a bill
    a third time (IV, 3406). Senate bills are not engrossed in the House;
    but are ordered to a third reading. The demand for the reading of the
    engrossed copy of a Senate bill cannot be made in the House (VIII,
    2426).
      A bill in <> the House (as
    distinguished from the Committee of the Whole) is amended pending the
    engrossment and third reading (V, 5781; VI, 1051, 1052). The question on
    engrossment and third reading being decided in the negative the bill is
    rejected (IV, 3420, 3421). A bill must be considered and voted on by
    itself (IV, 3408). Where the two Houses pass similar but distinct bills
    on the same subject it is necessary that one or the other House act
    again on the subject (IV, 3386). The requirement of a two-thirds vote
    for proposed constitutional amendments has been construed in the later
    practice to apply only to the vote on the final passage (V, 7029, 7030;
    VIII, 3504). A bill having been rejected by the House, a similar but not
    identical bill on the same subject was afterwards held to be in order
    (IV, 3384).

    [DOCID:hd284-119]
                                    Rule XVII

    [DOCID:hd284-120]
                               decorum and debate

    Decorum
      1. (a) <> A Member, Delegate, or Resident Commissioner who
    desires to speak or deliver a matter to the House shall rise and
    respectfully address himself to ``Mr. Speaker'' and, on being
    recognized, may address the House from any place on the floor. When
    invited by the Chair, a Member, Delegate, or Resident Commissioner may
    speak from the Clerk's desk.

    [[Page [719]]]

      (b)(1) Remarks in debate shall be confined to the question under
    debate, avoiding personality.
      (2)(A) Except as provided in subdivision (B), debate may not include
    characterizations of Senate action or inaction, references to individual
    Members of the Senate, or quotations from Senate proceedings.
      (B) Debate may include references to actions taken by the Senate or by
    committees thereof that are a matter of public record; references to the
    pendency or sponsorship in the Senate of bills, resolutions, and
    amendments; factual descriptions relating to Senate action or inaction
    concerning a measure then under debate in the House; and quotations from
    Senate proceedings on a measure then under debate in the House that are
    relevant to the making of legislative history establishing the meaning
    of that measure.

      This clause (former clause 1 of rule XIV) was adopted in 1880, but was
    made up, in its main provisions, from older rules, which dated from 1789
    and 1811 (V, 4979). Subparagraph (2), relating to references to the
    Senate, had its origins in the 100th Congress (H. Res. 5, Jan. 6, 1987,
    p. 6) but was amended in the 101st Congress (H. Res. 5, Jan. 3, 1989, p.
    72) to narrowly expand the range of permissible references. Before the
    House recodified its rules in the 106th Congress, this provision was
    found in former clause 1 of rule XIV (H. Res. 5, Jan. 6, 1999, p. ----).
    This rule, and rulings of the Chair with respect to references in debate
    to the Senate, are discussed in Sec. 371, supra; see also Sec. 361,
    supra.
      The Speaker, who has a responsibility under rule I to maintain and
    enforce decorum in debate, and the Chairman of the Committee of the
    Whole, who enforces decorum in debate under rule XVIII, have reminded
    and advised Members that: (1) clause 1 requires Members seeking
    recognition to rise and to address themselves to the question under
    debate, avoiding personality; (2) Members should address their remarks
    to the Chair only and not to other entities such as the press or the
    television audience, and the Chair enforces this rule on its own
    initiative (see, e.g., Nov. 8, 1979, p. 31519; Sept. 29, 1983, p. 26501;
    Dec. 17, 1987, p. 36139); (3) Mem

    [[Page [720]]]

    bers should not refer to or address any occupant of the galleries; (4)
    Members should refer to other Members in debate only in the third
    person, by State designation (Speaker O'Neill, June 14, 1978, p. 17615;
    Oct. 2, 1984, p. 28520; Mar. 7, 1985, p. 5028); (5) Members should
    refrain from using profanity or vulgarity in debate (Mar. 5, 1991, p.
    5036; Feb. 18, 1993, p. 2973; Nov. 17, 1995, p. 33744; July 23, 1998, p.
    ----; Oct. 11, 2000, p. ----); (6) the Chair may interrupt a Member
    engaging in personalities with respect to another Member of the House,
    as the Chair does with respect to references to the Senate or the
    President (Jan. 4, 1995, p. 551); and (7) Members should refrain from
    discussing the President's personal character (May 10, 1994, p. 9697).
    The Speaker has deplored the tendency to address remarks directly to the
    President (or others not in the Chamber) in the second person, and
    cautions Members on his own initiative (see, e.g., Oct. 16, 1989, p.
    24715; Oct. 17, 1989, p. 24764; Jan. 24, 1990, p. 426; Oct. 9, 1991, p.
    25999). Even when referring in debate to the Speaker, himself, a Member
    directs his remarks to the occupant of the Chair and addresses him as
    ``Mr. Speaker'' pursuant to this clause (Nov. 1, 1983, p. 30267).
      Members should refrain from speaking disrespectfully of the Speaker or
    arraigning the personal conduct of the Speaker, and under the precedents
    the sanctions for such violations transcend the ordinary requirements
    for timeliness of challenges (II, 1248; Jan. 4, 1995, p. 551; Jan. 18,
    1995, p. 1441; Jan. 19, 1995, p. 1599). Engaging in personalities with
    respect to the Speaker's conduct is not in order even though possibly
    relevant to a pending resolution granting him certain authority (Sept.
    24, 1996, p. 24485).
      This clause has also been interpreted to proscribe the wearing of
    badges by Members to communicate a message, since Members must rise and
    address the Speaker to deliver any matter to the House (Speaker O'Neill,
    Apr. 15, 1986, p. 7525; Feb. 22, 1995, p. 5435; Mar. 29, 1995, p. 9662;
    Oct. 19, 1995, pp. 28522, 28540, 28646; Nov. 17, 1995, p. 5435; Mar. 7,
    1996, p. 4083; Sept. 26, 1996, p. 25117; July 24, 1998, p. ----; Sept.
    28, 2000, p. ----). A Member's comportment may constitute a breach of
    decorum even though the content of that Member's speech is not, itself,
    unparliamentary (July 29, 1994, p. 18609). Under this standard the Chair
    may deny recognition to a Member who has engaged in unparliamentary
    debate and ignored repeated admonitions by the Chair to proceed in
    order, subject to the will of the House on the question of his
    proceeding in order (Sept. 18, 1996, p. 23535).
      For further discussion of personalities in debate with respect to
    references to the official conduct of a Member, see Sec. Sec. 361-363,
    supra; with respect to references to the President, see Sec. 370, supra;
    and with respect to references to the Senate, see Sec. Sec. 371-374,
    supra.
      Aside from ``special-order,'' ``morning-hour,'' or ``one-minute''
    debate, where no question is pending and recognition is by unanimous
    consent or leadership listings, it is a general rule that a motion must
    be made

    [[Page [721]]]

    before a Member may proceed in debate (V, 4984, 4985), and this motion
    may be required to be reduced to writing (V, 4986). A motion must also
    be stated by the Speaker or read by the Clerk before debate may begin
    (V, 4982, 4983, 5304). The withdrawal of a motion precludes further
    debate on it (V, 4989). But sometimes when a communication or a report
    has been before the House it has been debated before any specific motion
    has been made in relation to it (V, 4987, 4988). In a few cases, such as
    conference reports and reports from the Committee of the Whole, the
    motion to agree is considered as pending without being offered from the
    floor (IV, 4896; V, 6517).
      In presenting a question of personal privilege the Member is not
    required in the first instance to make a motion or offer a resolution,
    but such is not the rule in presenting a case involving the privileges
    of the House (III, 2546, 2547; VI, 565, 566, 580). Personal explanations
    merely are made by unanimous consent (V, 5065).
      A <> Member
    having the floor may not be taken off his feet by an ordinary motion,
    even the highly privileged motion to adjourn (V, 5369, 5370; VIII,
    2646), or the motion to table (Mar. 18, 1992, p. 6022). He may not be
    deprived of the floor by a parliamentary inquiry (VIII, 2455-2458), a
    question of privilege (V, 5002; VIII, 2459), a motion that the Committee
    rise (VIII, 2325), or a demand for the previous question (VIII, 2609;
    Mar. 18, 1992, p. 6022), but he may be interrupted for a conference
    report (V, 6451; VIII, 3294). It is a custom also for the Speaker to
    request a Member to yield for the reception of a message. A Member may
    yield the floor for a motion to adjourn or that the Committee of the
    Whole rise without losing his right to continue when the subject is
    again continued (V, 5009-5013), but where the House has by resolution
    vested control of general debate in the Committee of the Whole in
    designated Members, their control of general debate may not be abrogated
    by another Member moving to rise, unless they yield for that purpose
    (May 25, 1967, p. 14121; June 10, 1999, p. ----). A Member may also
    resume his seat while a paper is being read in his time without losing
    his right to the floor (V, 5015). A Member who, having the floor, moved
    the previous question was permitted to resume the floor on withdrawing
    the motion (V, 5474). But a Member may not yield to another Member to
    offer an amendment without losing the floor (V, 5021, 5030, 5031; VIII,
    2476), and a Member may not offer an amendment in time secured for
    debate only (VIII, 2474), or request unanimous consent to offer an
    amendment unless yielded to for that purpose by the Member controlling
    the floor (Sept. 24, 1986, p. 25589). A Member recognized under the
    five-minute rule in the Committee of the Whole may not yield to another
    Member to offer an amendment, as it is within the power of the Chair to
    recognize each Member to offer amendments (Apr. 19, 1973, p. 13240; Dec.
    12, 1973, p. 41171). A Member desiring to interrupt another in debate
    should address the Chair for permission of the Member speaking (V, 5006;
    VI, 193), but the latter may exercise his own discretion as to whether

    [[Page [722]]]

    or not he will yield (V, 5007, 5008; VI, 193; VIII, 2463, 2465). It is
    not in order to disrupt a Member's remarks in debate by repeatedly
    interrupting to ask whether he will yield after he has declined to do so
    (Apr. 9, 1992, p. 9040; Nov. 13, 1997, p. ----). Where a Member
    interrupts another during debate without being yielded to or otherwise
    recognized (as on a point of order), his remarks are not printed in the
    Record (Speaker O'Neill, Feb. 7, 1985, p. 2229; July 21, 1993, p. 16545;
    July 29, 1994, p. 18609). Members should not engage in disruption while
    another is speaking (Dec. 20, 1995, p. 37878; June 27, 1996, p. 15915).
      The <> Speaker may of right speak
    from the Chair on questions of order and be first heard (II, 1367), but
    with this exception he may speak from the Chair only by leave of the
    House and on questions of fact (II, 1367-1372). On occasions
    comparatively rare Speakers have called Members to the Chair and
    participated in debate on questions of order or matters relating their
    own conduct or rights, usually without asking consent of the House (II,
    1367, 1368, 1371; III, 1950; V, 6097). In more recent years, Speakers
    have frequently entered into debate from the floor on substantive
    legislative issues before the House for decision, and the right to
    participate in debate in the Committee of the Whole is without question
    (see, e.g., Apr. 30, 1987, p. 10811).
      It <> has
    always been held, and generally quite strictly, that in the House the
    Member must confine himself to the subject under debate (V, 5043-5048;
    VI, 576; VIII, 2481, 2534). The Chair normally waits for the question of
    relevancy of debate to be raised and does not take initiative (Sept. 27,
    1990, p. 26226; Mar. 23, 1995, p. 8986; Nov. 14, 1995, pp. 32354-57,
    32374; Dec. 15, 1995, p. 37118; Mar. 12, 1996, p. 4149; Mar. 20, 2002,
    p. ----).
      During debate on a bill, a Member under recognition must confine his
    remarks to the pending legislation; that is, he must not dwell on
    another measure not before the House (Nov. 4, 1999, p. ----), rather he
    must maintain a constant nexus between debate and the subject of the
    bill (Nov. 14, 1995, p. 32354-57; Mar. 12, 1996, p. 4450; Mar. 20, 2002,
    p. ----; June 3, 2003, p. ----, p. ----, p. ----). Debate on a motion to
    amend must be confined to the amendment, and may neither include the
    general merits of the bill (V, 5049-5051), nor range to the merits of a
    proposition not included in the underlying resolution (Jan. 31, 1995, p.
    3032). Similarly, debate on a motion to recommit with instructions
    should be confined to the subject of the motion rather than dwelling on
    the general merits of the bill (Mar. 7, 1996, p. 4092). However, the
    Chair has accorded Members latitude in debating a series of amendments
    in the nature of a substitute to a concurrent resolution on the budget
    (Mar. 25, 1999, p. ----). On a motion to suspend the rules, debate is
    confined to the object of the motion and may not range to the merits of
    a bill not scheduled for such consideration (Nov. 23, 1991, p. 34189;
    June 11, 2002, p. ----). Debate on a special order providing for the
    consideration of a bill may range to the merits

    [[Page [723]]]

    of the bill to be made in order (Sept. 26, 1989, p. 21532; Oct. 16,
    1990, p. 29668; Oct. 1, 1991, p. 24836), because the question of
    consideration of the bill is involved, but should not range to the
    merits of a measure not to be considered under that special order (Sept.
    27, 1990, p. 26226; July 25, 1995, p. 20323; Sept. 20, 1995, p. 15838;
    Dec. 15, 1995, p. 37118; May 1, 1996, p. 9888; May 8, 1996, p. 10511;
    May 15, 1996, p. 1131; Mar. 13, 1997, p. 3833; Mar. 20, 2002, p. ----).
    Debate on a resolution providing authorities to expedite the
    consideration of end-of-session legislation may neither range to the
    merits of a measure that might or might not be considered under such
    authorities nor engage in personalities with respect to the official
    conduct of the Speaker, even as asserted to relate to the question of
    granting the authorities proposed (Sept. 24, 1996, pp. 24485, 24486). If
    a unanimous-consent request for a Member to address the House for one
    hour specifies the subject of the address, the occupant of the Chair
    during that speech may enforce the rule of relevancy in debate by
    requiring that the remarks be confined to the subject so specified (Jan.
    23, 1984, p. 93). Debate on a question of personal privilege must be
    confined to the statements or issue which gave rise to the question of
    privilege (V, 5075-5077; VI, 576, 608; VIII, 2448, 2481; May 31, 1984,
    p. 14623). Debate on a privileged resolution recommending disciplinary
    action against a Member, while it may include comparisons with other
    such actions taken by or reported to the House for purposes of measuring
    severity of punishment, may not extend to the conduct of another sitting
    Member not the subject of a committee report (Dec. 18, 1987, p. 36271).
    The question whether a Member should be relieved from committee service
    is debatable only within very narrow limits (IV, 4510; June 16, 1975, p.
    19056). Debate on a resolution electing a Member to a committee is
    confined to the election of that Member and should not extend to that
    committee's agenda (July 10, 1995, p. 18258).
      While the Speakers have entertained appeals from their decisions as to
    irrelevancy, they have held that such appeals were not debatable (V,
    5056-5063).
      Under prior practice in Committee of the Whole, a Member did not have
    to confine himself to the subject during general debate (V, 5233-5238;
    VIII, 2590; June 28, 1974, p. 21743); but under modern practice a
    special order providing for consideration of a measure in the Committee
    of the Whole typically does require such relevance in debate. All five-
    minute debate in Committee of the Whole is confined to the subject (V,
    5240-5256), even on a pro forma amendment (VIII, 2591), in which case
    debate must relate to an issue in the pending portion of the bill (VIII,
    2592, 2593); thus, where a general provisions title is pending debate
    may relate to any agency funded by the bill (June 13, 1991, p. 14692).

    [[Page [724]]]

    Recognition
    <>   2. When two or more
    Members, Delegates, or the Resident Commissioner rise at once, the
    Speaker shall name the Member, Delegate, or Resident Commissioner who is
    first to speak. * * *

      This provision was adopted in 1789 (V, 4978). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 2 of rule XIV (H. Res. 5, Jan. 6, 1999, p. ----).
      In the early history of the House, when business proceeded on
    presentation by individual Members, the Speaker recognized the Member
    who arose first; and in case of doubt there was an appeal from his
    recognition (II, 1429-1434). But as the membership and business of the
    House increased it became necessary to establish and adhere to a fixed
    order of business, and recognitions, instead of pertaining to the
    individual Member, necessarily came to pertain to the bill or other
    business which would be before the House under the rule regulating the
    order of business. Hence the necessity that the Speaker should not be
    compelled to heed the claims of Members as individuals was expressed in
    1879 in a report from the Committee on Rules, which declared that ``in
    the nature of the case discretion must be lodged with the presiding
    officer'' (II, 1424). And in 1881 the Speaker declined to entertain an
    appeal from his decision on a question of recognition (II, 1425-1428),
    establishing thereby a practice which continues (VI, 292; VIII, 2429,
    2646, 2762). It has also been determined that a Member may not invoke
    clause 6 of rule XIV (former rule XXV) (Sec. 884, supra), providing that
    questions relating to the priority of business shall be decided by a
    majority without debate, to inhibit the Speaker's power of recognition
    under this clause (Speaker Albert, July 31, 1975, p. 26249).

    --  Recognition <> for one-minute speeches by unanimous consent and the order
    of recognition are entirely within the discretion of the Speaker (Nov.
    15, 1983, p. 32657; Mar. 7, 2001, p. ----). When the House has a heavy
    legislative schedule, the Speaker may refuse to recognize Members for
    that purpose until the completion of legislative business (Deschler-
    Brown, ch. 29, Sec. 73; July 24, 1980, p. 19386). It is not in order to
    raise as a question of the privileges of the House a resolution
    directing the Speaker to recognize for such speeches, since a question
    of privilege cannot amend or interpret the Rules of the House (July 25,
    1980, pp. 19762-64). The modern practice of limiting recognition before
    legislative business to one minute began August 2, 1937 (p. 8004) and
    was reiterated by Speaker Rayburn on March 6, 1945 (Deschler, ch. 21,
    Sec. 6.1).
      Since the 98th Congress the Speaker has followed announced policies of
    (1) alternating recognition for one-minute speeches and special-order

    [[Page [725]]]

    speeches between majority and minority Members and (2) recognizing for
    special-order speeches of five minutes or less before longer speeches
    (Speaker O'Neill, Aug. 8, 1984, p. 22963; Jan. 4, 1995, p. 551). In the
    101st Congress, the Chair continued the practice of alternating
    recognition for one-minute speeches but began a practice of recognizing
    Members suggested by their party leadership before others in the well
    (Apr. 19, 1990, p. 7406). From August 8, 1984, through February 23,
    1994, the Speaker also followed an announced policy of recognizing
    Members of the same party within a given category in the order in which
    their unanimous-consent requests for special orders were granted
    (Speaker O'Neill, Aug. 8, 1984, p. 22963; Jan. 5, 1993, p. 106).
    However, on February 24, 1994, the Speaker announced a new policy
    governing recognition for special-order speeches. With respect to
    recognition for five-minute special orders, the Speaker announced that
    the Chair would recognize for speeches of five minutes or less first,
    before longer speeches, and that Members may not enter requests for
    five-minute special orders earlier than one week in advance. With
    respect to recognition for longer special orders, the Speaker announced
    a policy of recognition that would depend not on orders by unanimous
    consent but, rather, on lists submitted by the respective party Leaders.
    This policy, the result of bipartisan negotiations, was a departure from
    the modern practice as described in Deschler, ch. 21, Sec. 7.1 (special-
    order speeches following legislative business are enabled only by
    unanimous consent). Under the Speaker's policy: (1) recognition does not
    extend beyond midnight; (2) recognition for longer speeches occurs after
    five-minute speeches and is limited (except on Tuesdays) to four hours
    equally divided between the majority and minority; (3) the first hour
    for each party is reserved to its respective Leader or his designees;
    (4) time within each party is allotted in accord with a list submitted
    to the Chair by the respective Leader; (5) recognition for the first
    hour alternates between the parties from day to day; (6) the respective
    Leaders may establish additional guidelines for entering requests; and
    (7) a Member recognized for a five-minute special order may not be
    recognized for a longer special order (Feb. 11, 1994, p. 2244; May 23,
    1994, p. 1154; June 10, 1994, p. 12684; Jan. 4, 1995, p. 551; Feb. 16,
    1995, p. 5096; May 12, 1995, p. 12765; Jan. 21, 1997, p. 460; Jan. 3,
    2001, p. ----).
      While the Chair's calculation of time consumed under one-minute
    speeches is not subject to challenge, the Chair endeavors to recognize
    majority and then minority Members by allocating time in a nonpartisan
    manner (Aug. 4, 1982, p. 19319). Prior to legislative business, the
    Speaker will traditionally recognize a Member only once by unanimous
    consent for a one-minute speech, and will not entertain a second request
    (May 1, 1985, p. 9995). The Chair will not entertain a unanimous-consent
    request to extend a five-minute special order (Mar. 7, 1995, p. 7152) or
    to extend a special order beyond midnight (Oct. 7, 1998, p. ----). The
    Chair will recognize for subdivisions of the first hour reserved for
    special orders only on designations (and reallocations) by the
    leadership concerned (Oct. 2,

    [[Page [726]]]

    1998, p. ----; Dec. 12, 2001, p. ----). A Member who is recognized to
    control time during special orders may yield to colleagues for such
    amounts of time as the Member may deem appropriate but may not yield
    blocks of time to be enforced by the Chair. Members regulate the
    duration of their yielding by reclaiming the time when appropriate (Jan.
    31, 2001, p. ----).-
      Beginning <> in the second
    session of the 103d Congress, the House has by unanimous consent agreed
    (without prejudice to the Speaker's ultimate power of recognition under
    this rule) to convene 90 minutes early on Mondays and Tuesdays for
    morning-hour debate (Feb. 11, 1994, p. 2244; May 23, 1994, p. 11459;
    June 8, 1994, p. 12305; June 10, 1994, p. 12684; Jan. 4, 1995, p. 551;
    Feb. 16, 1995, p. 5096; Jan. 21, 1997, p. 460; Jan. 19, 1999, p. ----;
    Jan. 3, 2001, p. ----; Jan. 23, 2002, p. ----; Jan. 7, 2003, p. ----).
    On May 12, 1995, the House extended and modified the above order to
    accommodate earlier convening times after mid-May of each year. The
    modified order changes morning-hour debates on Tuesdays after mid-May of
    each year as follows: (1) the House convenes one hour early (rather than
    90 minutes); (2) time for debate is limited to 25 minutes for each party
    (rather than 30 minutes); and (3) in no event is morning-hour debate to
    continue beyond 10 minutes before the House is to convene (May 12, 1995,
    p. 12765). The above-cited orders of the House also: (1) postpone the
    Prayer, approval of the Journal, and the Pledge of Allegiance during
    morning-hour debates; and (2) require the Chair to recognize Members for
    not more than five minutes each, alternating between the majority and
    minority parties in accord with lists supplied by their respective
    Leaders. Under the customary order of the House establishing morning-
    hour debate, the Chair does not entertain a unanimous-consent request to
    extend a five-minute period of recognition (Apr. 28, 1998, p. ----; Nov.
    12, 2002, p. ----). During morning-hour debate it is not in order to
    request that a name be removed from a list of cosponsors of a bill (Apr.
    26, 1994, p. 8544).-
      In <> the 103d Congress the
    House agreed by unanimous consent to conduct at a time designated by the
    Speaker structured debate on a mutually agreeable topic announced by the
    Speaker, with four participants from each party in a format announced by
    the Speaker (Feb. 11, 1994, p. 2244; Mar. 11, 1994, p. 4772; May 23,
    1994, p. 11459; June 8, 1994, p. 12305; June 10, 1994, p. 12648).
    Pursuant to that authority the House conducted three ``Oxford''-style
    debates (Mar. 16, 1994, p. 5088; May 4, 1994, p. 9300; July 20, 1994, p.
    17245). As a precursor to those structured debates, special-order time
    was used for a ``Lincoln-Douglas''-style debate involving five Members,
    with one Member acting as ``moderator'' by controlling the hour under
    this clause (Nov. 3, 1993, p. 27312).

    [[Page [727]]]

      Although <> there is no appeal from the Speaker's recognition, he is
    not a free agent in determining who is to have the floor. The practice
    of the House establishes rules from which he should not depart. For
    example, on February 24, 1994, the Speaker announced a policy with
    respect to recognition for special-order speeches that departed from the
    established practice of recognition by unanimous consent (Deschler, ch.
    21, Sec. 7.1; see Sec. 26, supra). The Speaker's new policy was the
    product of bipartisan negotiations, which justified the departure from
    the then-established practice. The policy became the new established
    practice of the House, from which the Speaker should not depart except
    by unanimous consent. When the order of business brings before the House
    a certain bill he must first recognize, for motions for its disposition,
    the Member who represents the committee which has reported it (II, 1447;
    VI, 306, 514). This is not necessarily the chairman of the committee,
    for a chairman who, in committee, has opposed the bill, must yield the
    prior recognition to a member of his committee who has favored the bill
    (II, 1449). Usually, however, the chairman has charge of the bill and is
    entitled at all stages to prior recognition for allowable motions
    intended to expedite it (II, 1452, 1457; VI, 296, 300). Once the
    proponent of a pending motion has been recognized for debate thereon, a
    unanimous-consent request to modify the motion may be entertained only
    if the proponent yields for that purpose (Jan. 5, 1996, p. 348). This
    principle does not, however, apply to the Chairman of the Committee of
    the Whole (II, 1453). The Member who originally introduces the bill
    which a committee reports has no claims to recognition as opposed to the
    claims of the members of the committee, but in cases where a proposition
    is brought directly before the House by a Member the mover is entitled
    to prior recognition for motions and debate (II, 1446, 1454; VI, 302-
    305, 417; VIII, 2454, 3231). This principle applies to the makers of
    certain motions. Thus, the Member on whose motion the enacting clause of
    a bill is stricken in Committee of the Whole is entitled to prior
    recognition when the bill is reported to the House (V, 5337; VIII,
    2629), and in a case where a Member raised an objection in the joint
    session to count the electoral vote the Speaker recognized him first
    when the Houses had separated to consider the objection (III, 1956). But
    a Member may not, by offering a debatable motion of higher privilege
    than the pending motion, deprive the Member in charge of the bill of
    possession of the floor for debate (II, 1460-1463; VI, 290, 297-299;
    VIII, 2454, 3193, 3197, 3259). The Member in charge of the bill and
    having the floor may demand the previous question, although another
    Member may propose to offer a motion of higher privilege (VIII, 2684);
    but the motion of higher privilege must be put before the previous
    question (V, 5480; VIII, 2684). The Member who has been recognized to
    call up a measure in the House has priority of recognition to move the
    previous question thereon, even over the chairman of the committee
    reporting that measure (Oct. 1, 1986, p. 27468). The fact that a Member
    has the floor on one matter does not necessarily entitle him to prior
    recogni

    [[Page [728]]]

    tion on a motion relating to another matter (II, 1464). It is because
    the Speaker is governed by these usages that he often asks, when a
    Member seeks recognition, ``For what purpose does the gentleman rise?''.
    By this question he determines whether the Member proposes business or a
    motion which is entitled to precedence and he may deny recognition (VI,
    289-291, 293; Aug. 13, 1982, pp. 20969, 20975-78; Speaker Wright, Feb.
    17, 1988, p. 1583; Feb. 27, 1992, p. 3656). For example, a Member's mere
    revelation that he seeks to offer a motion to adjourn does not suffice
    to make that motion ``pending,'' and thus the Chair remains able to
    declare a short recess under clause 12 of rule I (Oct. 28, 1997, p. ----
    ; June 25, 2003, p. ----). There is no appeal from such denial of
    recognition (II, 1425; VI, 292; VIII, 2429, 2646, 2762; Feb. 27, 1992,
    p. 3656). Recognition for parliamentary inquiry lies in the discretion
    of the Chair (VI, 541), who may take a parliamentary inquiry under
    advisement (VIII, 2174), especially where not related to the pending
    proceedings (Apr. 7, 1992, p. 8273).
      The Chair may follow a tradition of the House to allow the highest
    ranking party-elected Members (Speaker, Majority Leader, and Minority
    Leader) additional time to make their remarks in important debate (Dec.
    18, 1998, p. ----).
      When <> an essential motion made by the Member in charge of a bill is
    decided adversely, the right to prior recognition passes to the Member
    who the Speaker perceives to be leading the opposition to the motion
    (II, 1465-1468; VI, 308). Under this principle control of a measure
    passes when the House disagrees to a recommendation of the committee
    reporting the measure (II, 1469-1472) or when the Committee of the Whole
    reports the measure adversely (IV, 4897; VIII, 2430). Similarly, this
    principle applies when a motion for the previous question is rejected
    (VI, 308). However, a Member who led the opposition to ordering the
    previous question may be preempted by a motion of higher precedence
    (Aug. 13, 1982, pp. 20969, 20975-78). On the other hand, the mere defeat
    of an amendment proposed by the Member in charge does not cause the
    right to prior recognition to pass to an opponent (II, 1478, 1479).
      Rejection of a conference report after the previous question has been
    ordered thereon does not cause recognition to pass to a Member opposed
    to the report, and the manager retains control to offer the initial
    motion to dispose of amendments in disagreement (Speaker Albert, May 1,
    1975, p. 12761). Similarly, the invalidation of a conference report on a
    point of order, which is equivalent to its rejection by the House, does
    not give the Member raising the question of order the right to the floor
    (VIII, 3284) and exerts no effect on the right to recognition (VI, 313).
    In most cases, when the House refuses to order the previous question on
    a conference report, it then rejects the report (II, 1473-1477; V,
    6396). However, control of a Senate amendment reported from conference
    in disagreement passes to an opponent when the House rejects a motion to
    dispose thereof (Aug. 6, 1993, p. 19582).

    [[Page [729]]]

      In <> debate the members of the committee--except the Committee of
    the Whole (II, 1453)--are entitled to priority of recognition for debate
    (II, 1438, 1448; VI, 306, 307), but a motion to lay a proposition on the
    table is in order before the Member entitled to prior recognition for
    debate has begun his remarks (V, 5391-5395; VI, 412; VIII, 2649, 2650).
      In recognizing for debate under general House rules the Chair
    alternates between those favoring and those opposing the pending matter,
    preferring members of the committee reporting the bill (II, 1439-1444).
    When a member of a committee has occupied the floor in favor of a
    measure the Chair attempts to recognize a Member opposing next, even
    though he be not a member of the committee (II, 1445). The principle of
    alternation is not insisted on rigidly where a limited time is
    controlled by Members, as in the 40 minutes of debate on motions for
    suspension of the rules and the previous question (II, 1442).
      As <> to motions to suspend the rules, which are in
    order on Mondays and Tuesdays of each week, the Speaker exercises a
    discretion to decline to recognize (V, 6791-6794, 6845; VIII, 3402-
    3404). He also may decline to recognize a Member who desires to ask
    unanimous consent to set aside the rules in order to consider a bill not
    otherwise in order, this being the way of signifying his objection to
    the request. But this authority did not extend to the former Consent
    Calendar. Where the previous question was ordered to passage of a bill
    without intervening motion except recommittal, the Chair declined to
    entertain a unanimous-consent request to further amend the pending bill
    as an exercise of his discretionary power of recognition under this
    clause (Feb. 10, 2000, p. ----). The Chair has declined to entertain a
    unanimous-consent request to print a separate volume of tributes given
    in memory of a deceased former Member absent concurrence of the Joint
    Committee on Printing (Aug. 1, 1996, p. 21247). The Speaker has
    announced and enforced a policy of conferring recognition for unanimous-
    consent requests for the consideration of bills and resolutions only
    when assured that the majority and minority floor and committee
    leaderships have no objection (see, e.g., Dec. 15, 1981, p. 31590; May
    4, 1982, p. 8613; Nov. 16, 1983, p. 33138; Jan. 25, 1984, p. 354; Jan.
    26, 1984, p. 449; Jan. 31, 1984, p. 1063; Oct. 2, 1984, p. 28516; Feb.
    4, 1987, p. 2675; Jan. 3, 1989, p. 89; Jan. 3, 1991, p. 64; Jan. 5,
    1993, p. 106; Apr. 4, 1995, p. 12097). This policy includes: (1)
    requests relating to reported bills (July 23, 1993, p. 16820); (2)
    requests for immediate consideration of matters (separately unreported)
    comprising a portion of a measure already passed by the House (Dec. 19,
    1985, p. 38356); (3) requests to consider a motion to suspend the rules
    and pass an unreported bill (on a nonsuspension day) (Aug. 12, 1986, p.
    21126; Mar. 30, 1998, p. ----); (4) requests to permit consideration of
    (nongermane) amendments to bills (Nov. 14, 1991, p. 32083; Dec. 20,
    1995, p. 37877; June 27, 2002, p. ----);

    [[Page [730]]]

    (5) requests to permit expedited consideration of measures on subsequent
    days, as by waiving the requirement that a bill be referred to committee
    for 30 legislative days before a motion to discharge may be presented
    under clause 2 of rule XV (former clause 3 of rule XXVII) (June 9, 1992,
    p. 13900); (6) requests relating to Senate-passed bills on the Speaker's
    table (Oct. 25, 1995, p. 29347; Jan. 3, 1996, p. 58; Aug. 2, 1999, p. --
    --), including one identical to a House-passed bill (Feb. 4, 1998, p. --
    --) and a Senate concurrent resolution to correct an enrollment (Oct.
    20, 1998, p. ----); and (7) requests to take from the Speaker's table a
    House bill, with a Senate amendment thereto, and concur in the Senate
    amendment (Nov. 22, 2002, p. ----). The Speaker will recognize for an
    ``omnibus'' unanimous-consent request (one request disposing of various
    measures) only when assured that the request, and each constituent part
    of the request, has been cleared under this policy (Oct. 10, 2002, p. --
    --; Oct. 16, 2002, p. ----; Nov. 14, 2002, p. ----). The Speaker's
    enforcement of this policy is not subject to appeal (Apr. 4, 1995, p.
    10298). ``Floor leadership'' in this context has been construed to apply
    only to the Minority Leader and not to the entire hierarchy of minority
    leadership, where the Chair had been assured that the Minority Leader
    had been consulted (Apr. 25, 1985, p. 9415). It is not a proper
    parliamentary inquiry to ask the Chair to indicate which side of the
    aisle has failed under the Speaker's guidelines to clear a unanimous-
    consent request (Feb. 1, 1996, p. 2260; Nov. 22, 2002, p. ----), but the
    Chair may indicate his cognizance of a source of objection for the
    Record (Feb. 4, 1998, p. ----). In addition, with respect to unanimous-
    consent requests to dispose of Senate amendments to House bills on the
    Speaker's table, the Chair will entertain such a request only if made by
    the chairman of the committee with jurisdiction, or by another committee
    member authorized to make the request (Apr. 26, 1984, p. 10194; Feb. 4,
    1987, p. 2675; Jan. 3, 1996, p. 86; Jan. 4, 1996, pp. 200, 210;
    Deschler, ch. 21, Sec. 1.23). For a discussion of recognition for
    unanimous-consent requests to vary procedures in the Committee of the
    Whole governed by a special order adopted by the House, see Sec. 993,
    infra.

      2. <> * * * A Member,
    Delegate, or Resident Commissioner may not occupy more than one hour in
    debate on a question in the House or in the Committee of the Whole House
    on the state of the Union except as otherwise provided in this rule.

      This provision (former clause 2 of rule XIV) dates from 1841, when the
    increase of membership had made it necessary to prevent the making of
    long speeches which sometimes occupied three or four hours each (V,
    4978). Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 2 of rule XIV (H. Res. 5, Jan. 6,
    1999, p. ----).

    [[Page [731]]]

      This provision applies to debate on a question of privilege, as well
    as to debate on other questions (V, 4990; VIII, 2448). When the time for
    debate has been placed within the control of those representing the two
    sides of a question, it must be assigned to Members in accordance with
    this rule (V, 5004, 5005; VIII, 2462). A Member recognized to call up a
    privileged resolution may yield the floor upon expiration of his hour
    without moving the previous question, thereby permitting another Member
    to be recognized for a successive hour (Dec. 18, 1998, p. ----). Under
    this clause a Member recognized for one hour for a ``special-order''
    speech in the House may not extend that time, even by unanimous consent
    (Feb. 9, 1966, p. 2794; July 12, 1971, pp. 24594, 24603; Oct. 23, 1997,
    p. ----). In the 104th Congress the Speaker announced his intention to
    strictly enforce time limitations on debate (Jan. 4, 1995, pp. 457-552).
    The Chair has announced that he would accommodate as many unanimous
    consent requests to insert remarks in debate as necessary provided they
    comprise a simple, declarative statement of the Member's attitude toward
    the pending measure; however, any embellishment of such a request with
    other oratory may become an imposition on the time of the Member who
    yielded for that purpose (Mar. 24, 1995, p. ----; June 22, 2002, p. ----
    ; May 9, 2003, p. ----; June 26, 2003, p. ----; July 24, 2003, p. ----).
    The Chair has advised that he will recognize the managers of a measure
    for unanimous-consent requests to enlarge the time for debate (Oct. 8,
    2002, p. ----).
      For a discussion of morning-hour debates and ``Oxford''-style debates,
    see Sec. Sec. 951-952, supra.

    Managing debate
      3. (a) <> The
    Member, Delegate, or Resident Commissioner who calls up a measure may
    open and close debate thereon. When general debate extends beyond one
    day, that Member, Delegate, or Resident Commissioner shall be entitled
    to one hour to close without regard to the time used in opening.
      (b) <> Except as provided in paragraph (a),
    a Member, Delegate, or Resident Commissioner may not speak more than
    once to the same question without leave of the House.

    [[Page [732]]]

      (c) A manager of a measure who opposes an amendment thereto is
    entitled to close controlled debate thereon.

      Paragraphs (a) and (c) (former clause 3 of rule XIV) were adopted in
    1847 and perfected in 1880 (V, 4996). Paragraph (b) (former clause 6 of
    rule XIV) was adopted in 1789, and amended in 1840 (V, 4991). Before the
    House recodified its rules in the 106th Congress, paragraphs (a) and (c)
    were found in former clause 3 of rule XIV and paragraph (b) was found in
    former clause 6 of rule XIV. The recodification also added paragraph (c)
    to codify modern practice (H. Res. 5, Jan. 6, 1999, p. ----).
      In the later practice this right to close may not be exercised after
    the previous question is ordered (V, 4997-5000). This clause applies to
    general debate in Committee of the Whole (Mar. 26, 1985, p. 6283). A
    majority manager of the bill who represents the primary committee of
    jurisdiction is entitled to close general debate; for example, as
    against another manager representing an additional committee of
    jurisdiction (May 13, 1998, p. ----); or as against the subject of a
    disciplinary resolution (July 24, 2002, p. ----). Where an order of the
    House divides debate on an unreported measure among four Members, the
    Chair will recognize for closing speeches in the reverse order of the
    original allocation (Mar. 24, 1999, p. ----). Where a special order of
    the House allocates time for debate, which is further fractionalized
    under a later order by unanimous consent, the Chair recognizes for
    closing speeches in the reverse order of their original recognitions,
    concluding with the Member who opened the debate. This is true even when
    the manager who opened debate is opposed, as in the case of a measure
    reported adversely (July 22, 1998, p. ----; July 27, 1999, p. ----; June
    21, 2000, p. ----; July 26, 2000, p. ----). In response to a
    parliamentary inquiry, the Chair advised that time unused by a minority
    manager in general debate is considered as yielded back upon recognition
    of the majority manager to close general debate (Feb. 27, 2002, p. ----
    ).
      A Member who has spoken once to the main question may speak again to
    an amendment (V, 4993, 4994). It is too late to make the point of order
    that a Member has spoken already if no one claims the floor until he has
    made some progress in his speech (V, 4992). Paragraph (b) is often
    circumscribed by modern practice and by special orders of business that
    vest control of debate in designated Members and permit them to yield
    more than once to other Members (Apr. 5, 2000, p. ----). For a
    discussion of the right of a Member to speak more than once under the
    five-minute rule, see Sec. 981, infra. The right to close may not be
    exercised after the previous question has been ordered (V, 4997-5000).
    The right to close does not belong to a Member who has merely moved to
    reconsider the vote on a bill which he did not report (V, 4995). The
    right of a contestant in an election case to close when he is permitted
    to speak in the contest has been a matter of discussion (V, 5001).

    [[Page [733]]]

      As codified in paragraph (c), the manager of a bill or other
    representative of the committee position and not the proponent of an
    amendment has the right to close debate on an amendment on which debate
    has been limited and allocated under the five-minute rule in Committee
    of the Whole (VIII, 2581; July 16, 1981, p. 16043; Apr. 4, 1984, p.
    7841; June 5, 1985, p. 14302; July 10, 1985, p. 18496; Oct. 24, 1985, p.
    28824; May 2, 1988, p. 9638; May 5, 1988, p. 9961; July 26, 2002, p. --
    --), including the minority manager (June 29, 1984, p. 20253; Aug. 14,
    1986, p. 21660; July 26, 1989, p. 16403; Oct. 27, 1997, p. ----; July
    26, 2002, p. ----) and including the manager of a measure that was
    reported adversely (Feb. 13, 2002, p. ----). This is so even where the
    manager is also the proponent of a pending amendment to the amendment
    (Mar. 16, 1983, p. 5792). The Chair will assume that the manager of a
    measure is representing the committee of jurisdiction even where the
    measure called up is unreported (Apr. 15, 1996, p. 7421; July 24, 1998,
    p. ----), where an unreported compromise text is made in order as
    original text in lieu of committee amendments (Oct. 19, 1995, p. 28650),
    or where the committee reported the measure without recommendation (Feb.
    12, 1997, pp. 2108, 2109). Where the pending text includes a provision
    recommended by a committee of sequential referral, a member of that
    committee is entitled to close debate against an amendment thereto (June
    15, 1989, pp. 12084-87). Where the rule providing for the consideration
    of an unreported measure designates managers who do not serve on a
    committee of jurisdiction, those managers are entitled to close
    controlled debate against an amendment thereto (Sept. 18, 1997, p. ----
    ). The majority manager of the bill will be recognized to control time
    in opposition to an amendment thereto, without regard to the party
    affiliation of the proponent, where the special order allocated control
    to ``a Member opposed'' (May 13, 1998, p. ----). The right to close
    debate in opposition to an amendment devolves to a member of the
    committee of jurisdiction who derived debate time by unanimous consent
    from a manager who originally had the right to close debate (Sept. 10,
    1998, p. ----; July 29, 1999, p. ----). Such right to close may not
    devolve to the manager of a bill who derived debate time by unanimous
    consent from a non-committee Member controlling time in opposition
    because that right may be transferred only where there has been an
    unbroken line of committee affiliation in opposition to the amendment
    (July 17, 2003, p. ----). The proponent of a first-degree amendment who
    controls time in opposition to a second-degree amendment that favors the
    original bill over the first-degree amendment does not qualify as a
    ``manager'' within the meaning of clause 3(c) of rule XVII in opposing
    (June 15, 2000, p. ----).
      Under certain circumstances, however, the proponent of the amendment
    may close debate where he represents the position of the reporting
    committee (Aug. 14, 1986, p. 21660); for example, the proponent of a
    ``manager's amendment'' may close controlled debate thereon where a
    member of the committee does not claim time in opposition (May 13, 1998,
    p. ----). Similarly, the proponent may close debate where neither a
    committee represent

    [[Page [734]]]

    ative nor a Member assigned a managerial role by the governing special
    order oppose the amendment (Aug. 15, 1986, p. 22057; May 6, 1998, p. --
    --; July 14, 1998, p. ----; July 17, 2003, p. ----). Where a committee
    representative is allocated control of time in opposition to an
    amendment not by recognition from the Chair but by unanimous-consent
    request of a third Member who was allocated the time by the Chair, then
    the committee representative is not entitled to close debate as against
    the proponent (July 24, 1997, p. ----). Similarly, the proponent of the
    amendment may close debate where no representative from the reporting
    committee opposes an amendment to a multijurisdictional bill (Mar. 9,
    1995, p. 7467); where the measure is unreported and has no ``manager''
    under the terms of a special rule (Apr. 24, 1985, p. 9206); or where a
    measure is being managed by a single reporting committee and the Member
    controlling time in opposition, though a member of the committee having
    jurisdiction over the amendment, does not represent the reporting
    committee (Nov. 9, 1995, p. 31964).

    Call to order
      4. (a) <> If a Member, Delegate, or Resident Commissioner, in speaking
    or otherwise, transgresses the Rules of the House, the Speaker shall, or
    a Member, Delegate, or Resident Commissioner may, call to order the
    offending Member, Delegate, or Resident Commissioner, who shall
    immediately sit down unless permitted on motion of another Member,
    Delegate, or the Resident Commissioner to explain. If a Member,
    Delegate, or Resident Commissioner is called to order, the Member,
    Delegate, or Resident Commissioner making the call to order shall
    indicate the words excepted to, which shall be taken down in writing at
    the Clerk's desk and read aloud to the House.
      (b) The Speaker shall decide the validity of a call to order. The
    House, if appealed to, shall decide the question without debate. If the
    decision is in favor of the Member, Delegate, or Resident

    [[Page [735]]]

    Commissioner called to order, the Member, Delegate, or Resident
    Commissioner shall be at liberty to proceed, but not otherwise. If the
    case requires it, an offending Member, Delegate, or Resident
    Commissioner shall be liable to censure or such other punishment as the
    House may consider proper. A Member, Delegate, or Resident Commissioner
    may not be held to answer a call to order, and may not be subject to the
    censure of the House therefor, if further debate or other business has
    intervened.

      The first sentence of paragraph (a) and all but the last sentence of
    paragraph (b) (former clause 4 of rule XIV) was adopted in 1789 and
    amended in 1822 and 1880 (V, 5175). The last sentence of paragraph (a)
    and the last sentence of paragraph (b) (former clause 5 of rule XIV) was
    adopted in 1837 and amended in 1880, although the practice of writing
    down objectionable words had been established in 1808. When the House
    recodified its rules in the 106th Congress, it consolidated former
    clauses 4 and 5 of rule XIV into a single clause (H. Res. 5, Jan. 6,
    1999, p. ----).
      Members <> transgressing the rules of debate and
    decorum may be called to order by the Speaker (VIII, 2481, 2521, 3479),
    a Member (II, 1344; V, 5154, 5161-5163, 5175, 5192), or a Delegate (II,
    1295). A Member may initiate a call to order either by making a point of
    order that a Member is transgressing the rules or by formally demanding
    that words be taken down under this clause (Sept. 12, 1996, pp. 22897,
    22899; Sept. 17, 1996, p. 23426; Sept. 18, 1996, p. 23535; Sept. 25,
    1996, p. 24759). A Member's comportment in debate may constitute a
    breach of decorum even though the content of the Member's speech is not,
    itself, unparliamentary (July 29, 1994, p. 18609). Except for naming the
    offending Member, the Speaker may not otherwise censure or punish him
    (II, 1345; VI, 237; Sept. 18, 1996, p. 23535; see also Sec. 366, supra).
    The House may by proper motions under this clause dictate the
    consequences of a ruling by the Chair that a Member was out of order
    (May 26, 1983, p. 14048). As an exercise of recognition, the Chair's
    determination that a Member's time in debate has expired is not subject
    to appeal (Mar. 22, 1996 p. 6086; see also Sec. Sec. 622, 629, supra).
    Furthermore, a Member speaking while not under recognition (as when
    speaking beyond the allotted time) is not entitled to in-House
    amplification (Mar. 16, 1988, p. 4081; see also Sec. 684, supra,).
      As discussed in Sec. 374, supra, it is customary for the Chair to
    initiate the call to order a Member who criticizes the actions of the
    Senate, its

    [[Page [736]]]

    Members, or its committees, whether in debate or through an insertion in
    the Record (Speaker Albert, Apr. 17, 1975, p. 10458; Oct. 7, 1975, p.
    32055; Feb. 27, 1997, pp. 2784, 2785). On the other hand, the Chair
    customarily awaits an initiative from the floor to call to order a
    Member engaging in personalities in debate with respect to another
    Member of the House (June 29, 1987, p. 18072; Jan. 4, 1995, p. 551; Feb.
    27, 1997, pp. 2784, 2785). The Chair may take initiative to call to
    order a Member engaging in verbal outburst either following expiration
    of his recognition for debate (Mar. 16, 1988, p. 4081) or during
    recognition of another Member (June 5, 2003, p. ----). He may order the
    offending Member to take his seat (June 5, 2003, p. ----) or may deny
    further recognition, subject to the will of the House on the question of
    his proceeding in order (Speaker O'Neill, June 16, 1982, p. 13843; July
    29, 1994, p. 18609; Sept. 18, 1996, p. 23535). The Chair may admonish a
    Member for words spoken in debate and request that they be removed from
    the Record even prior to a demand that the words be taken down (Sept.
    24, 1992, p. 27345).
      This clause (former clause 5) prohibits the taking down of words after
    intervening business (V, 5177; VIII, 2536; Sept. 16, 1991, p. 23032;
    Mar. 28, 1996, p. 6934). However, a Member on his feet and seeking
    recognition at the appropriate time may yet be recognized to demand that
    words be taken down even though brief debate may have intervened, and a
    request that a Member uttering objectionable words yield does not
    forfeit the right to demand that the words be taken down (VIII, 2528).
    Action taken by the Chair to determine whether a point of order from the
    floor is intended as a demand that words be taken down is not such
    intervening debate or business as would render the demand untimely (Oct.
    2, 1984, p. 28522). Unanimous consent is not required for a Member to
    withdraw his demand that words be taken down prior to a ruling by the
    Chair (June 18, 1986, p. 14232; June 7, 2000, p. ----).
      Although under this clause a Member may not be held to answer a call
    to order if further debate or business has intervened, the Chair may
    under clause 2 of rule I generally admonish Members to preserve proper
    decorum even after intervening debate (Dec. 5, 2001, p. ----). For
    instances in which the Chair admonished Members for improper references
    to the Senate after brief intervening debate, see Sec. 371, supra.
      While a demand that a Member's words be taken down is pending, that
    Member should be seated immediately (July 29, 1994, p. 18609; Jan. 25,
    1995, p. 2352), and no Member may engage the Chair until the demand has
    been disposed of (Nov. 9, 1995, p. 31913; Nov. 14, 1995, p. 32472).
    Where two Members consecutively demand that each others' words be taken
    down as unparliamentary, the Chair advises both Members to be seated and
    then directs the Clerk to report the first words objected to (June 19,
    1996, p. 14655). An offending Member may be directed by the Chair to be
    seated even if a formal demand that the Member's words be taken down is
    not pending; for example, where a Member declines to proceed in order at
    the directive of the Chair after points of order have been

    [[Page [737]]]

    sustained against unparliamentary references in debate, the Chair may,
    under rule I and this rule, deny the Member further recognition as a
    disposition of the question of order, subject to the will of the House
    on the question of proceeding in order (Sept. 12, 1996, p. 22900; Sept.
    17, 1996, p. 23427; Sept. 18, 1996, p. 23535; see also Sec. 366, supra).
      The words having been read from the desk, the Chair decides whether
    they are in order (II, 1249; V, 5163, 5169, 5187), as read by the Clerk
    and not as otherwise alleged to have been uttered (June 9, 1992, p.
    13902). When a Member denies that the words taken down are the exact
    words used by himself, the question as to the words is put to the House
    for decision (V, 5179, 5180). Where demands are made to take down words
    both as spoken in a one-minute speech and as reiterated when the
    offending Member is permitted by unanimous consent to explain, the Chair
    may rule simultaneously on both (July 25, 1996, p. 19170). A decision of
    the Chair on words taken down is subject to appeal (Sept. 28, 1996, p.
    25780; Apr. 9, 2003, p. ----).
      The rule permits a motion that an offending Member be permitted to
    explain before the Chair rules on the words taken down, and the Chair
    has discretion to ask for explanation before ruling on the words (Feb.
    1, 1940, p. 954). The Chair also may recognize an offending Member,
    permitted by unanimous consent, to explain words ruled out of order
    (Nov. 10, 1971, p. 40442).
      If words taken down are ruled out of order, the Member loses the floor
    (V, 5196-5199; Jan. 25, 1995, p. 2352) and may not proceed on the same
    day without the permission of the House (Jan. 29, 1946, p. 533; Aug. 21,
    1974, p. 29652; Jan. 25, 1995, p. 2352; Apr. 17, 1997, p. ----), even on
    yielded time (V, 5147), and may not insert unspoken remarks in the
    Record (Jan. 25, 1995, p. 2352), but still may exercise his right to
    vote or to demand the yeas and nays (VIII, 2546). The ruling does not
    take the issue off the floor, and other Members may proceed to debate
    the same subject (July 25, 1996, p. 19170). The offending Member will
    not lose the floor if the House permits the Member to proceed in order
    (see, e.g., May 10, 1990, p. 9992), which motion may be stated on the
    initiative of the Chair (Oct. 8, 1991, p. 25757; Mar. 29, 1995, p. 9676;
    July 25, 1996, p. 1970; June 13, 2002, p. ----) or offered by any Member
    (July 25, 1996, p. 1970). The motion is not inconsistent with the
    immediate consequence of the call to order because this clause (former
    clause 4) also permits the House to determine the extent of the sanction
    for a given breach (Oct. 10, 1991, p. 26102). The motion is debatable
    within narrow limits of relevance under the hour rule, and consequently
    also is subject to the motion to lay on the table (Speaker Foley, Oct.
    8, 1991, p. 25757).
      Where a Member has been called to order not in response to a formal
    demand that words be taken down but in response to a point of order, the
    former practice was to test the opinion of the House by a motion ``that
    the gentleman be allowed to proceed in order'' (V, 5188, 5189; VIII,
    2534). Under the modern practice the Chair either may invite the
    offending Mem

    [[Page [738]]]

    ber to proceed in order (see, e.g., Sept. 12, 1996, p. 22898) or,
    particularly where admonitions have been ignored, may deny the Member
    recognition for the balance of the time for which he was recognized,
    subject to the will of the House, as by a vote on the question whether
    the Member should be permitted to proceed in order (Sept. 12, 1996, p.
    22899; Sept. 17, 1996, p. 23426; Sept. 18, 1996, p. 23535; Sept. 25,
    1996, p. 24759).
      Words taken down and ruled out of order by the Chair are subject to a
    motion that they be stricken or expunged from the Record. This motion
    has precedence (VIII, 2538-2541; Aug. 21, 1974, p. 29652). Unanimous
    consent to expunge such words often is granted upon the initiative of
    the Chair (May 10, 1990, p. 9992; June 13, 2002, p. ----), and is
    debatable within narrow limits (VIII, 2539; Speaker Martin, June 12,
    1947, p. 6896). However, the motion may not be entertained in the
    Committee of the Whole (Feb. 18, 1941, p. 1126) or offered by the Member
    called to order (Feb. 11, 1941, pp. 894, 899), although that Member may
    ask unanimous consent to withdraw his words (VIII, 2528, 2538, 2540,
    2543, 2544; July 16, 1998, p. ----; June 28, 2000, p. ----).
      When disorderly words are spoken in the Committee of the Whole, they
    are taken down and read at the Clerk's desk, and the Committee rises
    automatically (VIII, 2533, 2538, 2539) and reports them to the House
    (II, 1257-1259, 1348). Action in the House on words reported from the
    Committee of the Whole is limited to the words reported (VIII, 2528),
    and it is not in order as a question of privilege in the House to
    propose censure of a Member for disorderly words spoken in Committee of
    the Whole but not reported therefrom (V, 5202). After words reported to
    the House from Committee of the Whole have been disposed of (by decision
    of the Chair and any associated action by the House), the Committee
    resumes its sitting without motion (VIII, 2539, 2541).
      The House has censured a Member for disorderly words (II, 1253, 1254,
    1259, 1305; VI, 236). The House may proceed to censure or other action
    although business may have intervened in certain exceptional cases, such
    as when disorderly words are part of an occurrence constituting a breach
    of privilege (II, 1657), when a Member's language has been investigated
    by a committee (II, 1655), when a Member has reiterated on the floor
    certain published charges (III, 2637), when a Member has uttered words
    alleged to be treasonable (II, 1252), or when a Member has uttered an
    attack on the Speaker (II, 1248; Jan. 4, 1995, p. 551; Jan. 19, 1995, p.
    1599).
      For a discussion of resolving the use of objectional exhibits that are
    a breach of decorum, see Sec. 622, supra; and for a discussion of
    resolving the use of objectional exhibits that are not necessarily a
    breach of decorum, see clause 6, Sec. 963, infra.

    [[Page [739]]]

    Comportment
      5. <> When the Speaker is
    putting a question or addressing the House, a Member, Delegate, or
    Resident Commissioner may not walk out of or across the Hall. When a
    Member, Delegate, or Resident Commissioner is speaking, a Member,
    Delegate, or Resident Commissioner may not pass between the person
    speaking and the Chair. During the session of the House, a Member,
    Delegate, or Resident Commissioner may not wear a hat or remain by the
    Clerk's desk during the call of the roll or the counting of ballots. A
    person may not smoke or use a wireless telephone or personal computer on
    the floor of the House. The Sergeant-at-Arms is charged with the strict
    enforcement of this clause.

      Until the 104th Congress this clause (former clause 7 of rule XIV) was
    made up of provisions adopted in 1789, 1837, 1871, and 1896. In the
    104th Congress a reference to the former Doorkeeper was deleted and a
    prohibition against using any personal electronic office equipment was
    added (secs. 201 and 223, H. Res. 6, Jan. 4, 1995, pp. 463, 469).
    However, that prohibition was modified in the 108th Congress to cover
    only a wireless telephone or personal computer (sec. 2(k), H. Res. 5,
    Jan. 7, 2003, p. ----). Before the House recodified its rules in the
    106th Congress, this provision was found in former clause 7 of rule XIV
    (H. Res. 5, Jan. 6, 1999, p. ----).
      Originally Members wore their hats during sessions, as in Parliament,
    and the custom was not abolished until 1837 (II, 1136). In the 103d
    Congress the Speaker announced that the prohibition against Members
    wearing hats included doffing the hat in tribute to a group (Speaker
    Foley, June 22, 1993, p. 13569; June 10, 1996, p. 13560). In the 96th
    Congress the Speaker announced that he considered as proper the
    customary and traditional attire for Members, including a coat and tie
    for male Members and appropriate attire for female Members (where
    thermostat controls had been raised in the summer to conserve energy);
    the House then adopted a resolution, offered as a question of the
    privileges of the House, requiring Members to wear proper attire as
    determined by the Speaker, and denying noncomplying Members the
    privilege of the floor (July 17, 1979, pp. 19008, 19073). In the 106th
    Congress Members were reminded of the need to

    [[Page [740]]]

    be in proper attire in the Chamber (June 28, 2000, p. ----), and the
    Chair has so admonished a Member speaking in debate without his jacket
    (Apr. 3, 2001, p. ----). In the 97th Congress, the Speaker announced
    during a vote by electronic device that Members were not permitted under
    the traditions of the House to wear overcoats on the House floor (Dec.
    16, 1981, p. 31847).
      The prohibition against using personal electronic office equipment was
    affirmed by response to a parliamentary inquiry (Feb. 23, 1995, p.
    5639). The Chair announced that the use of cellular telephones was not
    permitted on the floor of the House or in the gallery (July 13, 1999, p.
    ----; Oct. 7, 1999, p. ----; Jan. 27, 2000, p. ----) and that Members
    should disable wireless telephones on entering the Chamber (June 12,
    2000, p. ----; July 19, 2000, p. ----; Oct. 10, 2000, p. ----; Oct. 19,
    2000, p. ----).
      Smoking is not permitted in the Hall during sessions of the House
    (Oct. 15, 1990, p. 29248), nor during sittings of the Committee of the
    Whole (Aug. 14, 1986, p. 21707); and the prohibition extends to smoking
    behind the rail (Feb. 23, 1995, p. 5640).
      On the opening day of the 101st Congress, the Speaker prefaced his
    customary announcement of policies concerning such aspects of the
    legislative process as recognition for unanimous-consent requests and
    privileges of the floor with a general statement concerning decorum in
    the House, including particular adjurations against engaging in
    personalities, addressing remarks to spectators, and passing in front of
    the Member addressing the Chair (Jan. 3, 1989, p. 88; see also Jan. 5,
    1993, p. 105; Jan. 4, 1995, p. 551). In the 104th Congress the Speaker
    announced: (1) that Members should not traffic, or linger in, the well
    of the House while another Member is speaking (Feb. 3, 1995, p. 3541;
    Mar. 3, 1995, p. 6721; Dec. 15, 1995, p. 37111), including Members who
    may have been invited to the well by the Member speaking (June 12, 2003,
    p. ----); and (2) that Members should not engage in disruption while
    another Member is speaking (Dec. 20, 1995, p. 37878). Under this
    provision the Chair may require a line of Members waiting to sign a
    discharge petition to proceed to the rostrum from the far right-hand
    aisle and require the line not to stand between the Chair and Members
    engaging in debate (Oct. 24, 1997, p. ----).
      Hissing and jeering is not proper decorum in the House (May 21, 1998,
    p. ----).
      A former Member must observe proper decorum under this clause, and the
    Chair may direct the Sergeant-at-Arms to assist the Chair in maintaining
    such decorum (Sept. 17, 1997, p. ----). In the 105th Congress the House
    adopted a resolution offered as a question of the privileges of the
    House alleging indecorous behavior of a former Member and instructing
    the Sergeant-at-Arms to ban the former Member from the floor, and rooms
    leading thereto, until the resolution of a contested election to which
    he was party (H. Res. 233, Sept. 18, 1997, p. ----).

    [[Page [741]]]

    Exhibits
      6. <> When the use of an
    exhibit in debate is objected to by a Member, Delegate, or Resident
    Commissioner, the Chair, in his discretion, may submit the question of
    its use to the House without debate.

      This provision was rewritten in the 103d Congress (H. Res. 5, Jan. 5,
    1993, p. 49) to address the use of exhibits in debate rather than the
    reading from papers. As rewritten in the 103d Congress, an objection to
    the use of an exhibit automatically triggered a vote by the House on its
    use. The clause was amended in the 107th Congress to permit the Chair in
    his discretion to submit the question of its use to the House (sec.
    2(o), H. Res. 5, Jan. 3, 2001, p. ----). Before the House recodified its
    rules in the 106th Congress, this provision was found in former rule XXX
    (H. Res. 5, Jan. 6, 1999, p. ----).
      When the use of an exhibit in debate was objected to before the clause
    was rewritten in the 107th Congress, the Chair immediately put the
    question on whether use of the exhibit would be permitted (the Chair was
    not determining a breach of decorum under clause 2 of rule I) (Nov. 1,
    1995, p. 31154; Nov. 10, 1995, p. 20689; July 31, 1996, p. 20689). The
    Chair put the question without debate, and without requiring the
    objecting Member to state the basis for the objection (Nov. 10, 1995, p.
    20689). As such, an objection under this rule was not a point of order:
    it could have been resolved by withdrawal of the exhibit; that failing,
    it amounted to a demand that the Chair put to the House the question
    whether the exhibit may be used (July 31, 1996, p. 20700).
      It is not a proper parliamentary inquiry to ask the Chair to judge the
    accuracy or authenticity of the content of an exhibit (Nov. 10, 1995, p.
    32142; July 11, 2001, p. ----). The Chair has held that a second
    virtually consecutive invocation of this provision, resulting in a
    second pair of votes on use of a chart and on reconsideration thereof,
    was not dilatory under former clause 10 of rule XVI (current clause 1 of
    rule XVI) or former clause 4(b) of rule XI (current clause 6(b) of rule
    XIII) (July 31, 1996, p. 20700). It is not in order to request that the
    voting display be turned on during debate as an exhibit to accompany a
    Member's debate (Oct. 12, 1998, p. ----).
      The earlier <> form of the rule (former rule XXX), originally adopted in 1794
    and amended in 1802 and 1880 (V, 5257), addressed reading from papers.
    It recognized the right of a Member under the general parliamentary law
    to have read the paper on which the House is to vote (V, 5258), but when
    that paper had been read once, the reading could not be repeated unless
    by order of the House (V, 5260). The right could be

    [[Page [742]]]

    abrogated by suspension of the rules (V, 5278-5284; VIII, 3400); but was
    not abrogated simply by the fact that the current procedure was taking
    place under the rule for suspension (V, 5273-5277). On a motion to refer
    a report, the reading of it could be demanded as a matter of right, but
    the latest ruling left to the House to determine whether or not an
    accompanying record of testimony should be read (V, 5261, 5262). In
    general the reading of a report was held to be in the nature of debate
    (V, 5292); but where a report presented facts and conclusions but no
    legislative proposition, it was read if submitted for action (IV, 4663).
    Where a paper is offered as involving a matter of privilege it may be
    read to the House (III, 2597; VI, 606; VIII, 2599), rather than by the
    Speaker privately (III, 2546), but a Member may not, as a matter of
    right, require the reading of a book or paper on suggestion that it
    contains matter infringing on the privileges of the House (V, 5258).
      The former rule XXX prohibiting the reading of papers in debate was
    held to apply to the exhibition of articles as evidence or in
    exemplification in debate (VIII, 2452, 2453; June 2, 1937, p. 6104; Aug.
    5, 1949, p. 10859), and the new form of the rule adopted in the 103d
    Congress (H. Res. 5, Jan. 5, 1993, p. 49) marks the modern relevance of
    that application. While Members may use exhibits such as charts during
    debate subject to this rule, the Speaker may, pursuant to his authority
    to preserve order and decorum under rule I (see Sec. 622, supra), direct
    the removal of a chart from the well of the House which is not being
    utilized during debate (Apr. 1, 1982, p. 6304), or which is otherwise
    disruptive of decorum.
      The reading <> of papers other than
    the one on which the vote was about to be taken was usually permitted
    without question (V, 5258), and the Member in debate usually read such
    papers as he pleased. However, this privilege was subject to the
    authority of the House if another Member objected (V, 5285-5291; VIII,
    2597, 2602; Dec. 19, 1974, p. 41425; Dec. 10, 1987, p. 34669). This
    principle applied even to the Member's own written speech (V, 5258;
    VIII, 2598), to a report which he proposed to have read in his own time
    or to read in his place (V, 5293), and to excerpts from the
    Congressional Record (VIII, 2597). After the previous question was
    ordered, a Member could not ask the decision of the House on a request
    for the reading of a paper not before the House for action (V, 5296),
    even though it be the report of the committee (V, 5294, 5295). For
    further discussion, see Sec. Sec. 432-436, supra. Pursuant to the former
    form of this rule, the consent of the House for a Member to read a paper
    in debate only permitted the Member seeking such permission to read as
    much of the paper as possible in the time yielded or allotted to that
    Member, and did not necessarily grant permission to read or to insert
    the entire document (Mar. 1, 1979, p. 3748). Where a Member objected to
    another's reading from a paper, the Chair put the question without
    debate. It was not in order under the guise of parliamentary inquiry to
    debate that question by indicating that the objection was a dilatory
    tactic (Dec. 10, 1987, p. 34672).

    [[Page [743]]]

    Galleries
      7. <> During a
    session of the House, it shall not be in order for a Member, Delegate,
    or Resident Commissioner to introduce to or to bring to the attention of
    the House an occupant in the galleries of the House. The Speaker may not
    entertain a request for the suspension of this rule by unanimous consent
    or otherwise.

      This clause was adopted April 10, 1933 (VI, 197). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 8 of rule XIV (H. Res. 5, Jan. 6, 1999, p. ----).

    Congressional Record
      8. (a) <> The
    Congressional Record shall be a substantially verbatim account of
    remarks made during the proceedings of the House, subject only to
    technical, grammatical, and typographical corrections authorized by the
    Member, Delegate, or Resident Commissioner making the remarks.
      (b) Unparliamentary remarks may be deleted only by permission or order
    of the House.
      (c) <> This clause establishes a
    standard of conduct within the meaning of clause 3(a)(2) of rule XI.

      This clause was adopted in the 104th Congress (sec. 213, 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 9 of rule XIV
    (H. Res. 5, Jan. 6, 1999, p. ----). Under paragraph (a) a unanimous-
    consent request to revise and extend remarks permits a Member (1) to
    make technical, grammatical, and typographical corrections to remarks
    uttered and (2) to include in the Record additional remarks not uttered
    to appear in a distinctive typeface; however, such a unanimous-consent
    request does not permit a Member to remove remarks actually uttered
    (Jan. 4, 1995, p. 541). For example, remarks held irrelevant by the
    Chair may be removed from the Record by unanimous consent only (Mar. 20,
    2002 p. ----). Paragraph (a)

    [[Page [744]]]

    also applies to statements and rulings of the Chair (Jan. 20, 1995, p.
    1866). For a discussion of rules relating to the Congressional Record,
    see Sec. Sec. 685-692, supra.

    Secret sessions
      9. <> When confidential
    communications are received from the President, or when the Speaker or a
    Member, Delegate, or Resident Commissioner informs the House that he has
    communications that he believes ought to be kept secret for the present,
    the House shall be cleared of all persons except the Members, Delegates,
    Resident Commissioner, and officers of the House for the reading of such
    communications, and debates and proceedings thereon, unless otherwise
    ordered by the House.

      This provision (former rule XXIX), in a somewhat different form, was
    adopted in 1792, although secret sessions had been held by the House
    before that date. They continued to be held at times with considerable
    frequency until 1830. In 1880, at the time of the general revision of
    the rules, the House concluded to retain the rule, although it had been
    long in disuse (V, 7247; VI, 434). Before the House recodified its rules
    in the 106th Congress, this provision was found in former rule XXIX (H.
    Res. 5, Jan. 6, 1999, p. ----).
      The two Houses have legislated in secret session, transmitting their
    messages also in secrecy (V, 7250); but the House has declined to be
    bound to secrecy by act of the Senate (V, 7249). Motions to remove the
    injunction of secrecy should be made with closed doors (V, 7254). In
    1843 a confidential message from the President was referred without
    reading; but no motion was made for a secret session (V, 7255).
      The House and not the Committee of the Whole determines whether the
    Committee may sit in executive session, and an inquiry relative to
    whether the Committee of the Whole should sit in secret session is
    properly addressed to the Speaker and not to the Chairman of the
    Committee of the Whole (May 9, 1950, p. 6746; June 6, 1978, p. 16376;
    June 20, 1979, p. 15710). A Member seeking to offer the motion that the
    House resolve itself into secret session must qualify, as provided by
    the rule, by asserting that the Member has a secret communication to
    make to the House (June 6, 1978, p. 16376).
      On June 20, 1979, the House adopted by voice vote a motion that the
    House resolve itself into secret session pursuant to this rule (the
    first such

    [[Page [745]]]

    occasion since 1830), where the Member offering the motion had ensured
    the Speaker that he had confidential communications to make to the House
    as required by the rule (pp. 15711-13). The Speaker pro tempore
    announced on that occasion before the commencement of the secret session
    that the galleries would be cleared of all persons, that the Chamber
    would be cleared of all persons except Members and those officers and
    employees specified by the Speaker whose attendance was essential to the
    functioning of the secret session, who would be required to sign an oath
    of secrecy, and that all proceedings in the secret session must be kept
    secret until otherwise ordered by the House (June 20, 1979, pp. 15711-
    13). Where the House has concluded a secret session and has not voted to
    release the transcripts of that session, the injunction of secrecy
    remains and the Speaker may informally refer the transcripts to
    appropriate committees for their evaluation and report to the House as
    to ultimate disposition to be made (June 20, 1979, pp. 15711-13).
      The following procedures apply during a secret session. The motion for
    a secret session is not debatable (June 20, 1979, p. 15711; Mar. 31,
    1998, p. ----). The Member who offers the motion may be recognized for
    one hour of debate after the House resolves into secret session, and the
    normal rules of debate, including the principle that no motions would be
    in order unless he yields for that purpose, apply. The Speaker having
    found that a Member has qualified to make the motion for a secret
    session, having confidential communications to make, no point of order
    lies that the material in question must be submitted to the Members to
    make that determination (the motion for a secret session having been
    adopted by the House). No point of order lies in secret session that
    employees designated by the Speaker as essential to the proceedings, who
    have signed an oath of secrecy, may not be present. A motion in secret
    session to make public the proceedings therein is debatable for one
    hour, within narrow limits of relevancy. At the conclusion of debate in
    secret session, a Member may be recognized to offer a motion that the
    session be dissolved (July 17, 1979, pp. 19057-59).
      The House conducted another secret session in the 96th Congress to
    receive confidential communications consisting of classified information
    in the possession of the Committee on Foreign Affairs and the Permanent
    Select Committee on Intelligence, which those committees had authorized
    to be used in a secret session of the House if ordered; on that occasion
    the Speaker overruled a point of order against the motion for a secret
    session since the Speaker must rely on the assurance of a Member that he
    has confidential communications to make to the House, and since the
    Speaker was aware that the committee with possession of the materials
    had authorized those materials to be used in a secret session (Feb. 25,
    1980, p. 3618). Another secret session was held in the 98th Congress
    pending consideration of a bill amending the Intelligence Authorization
    Act to prohibit United States support for military or paramilitary
    operations in Nicaragua (July 19, 1983, p. 19776).

    [[Page [746]]]

      The House may subsequently by unanimous consent order printed in the
    Congressional Record proceedings in secret session, with appropriate
    deletions and revisions agreeable to the committees to which the secret
    transcript has been referred for review (July 17, 1979, p. 19049).
      Under his authority in clause 3 of rule I, the Speaker convened a
    classified briefing for Members on the House floor when the House was
    not in session (Mar. 18, 1999, p. ----).

    [DOCID:hd284-121]
                                   Rule XVIII

    [DOCID:hd284-122]
           the committee of the whole house on the state of the union

    Resolving into the Committee of the Whole
      1. <> Whenever the House resolves into the
    Committee of the Whole House on the state of the Union, the Speaker
    shall leave the chair after appointing a Chairman to preside. In case of
    disturbance or disorderly conduct in the galleries or lobby, the
    Chairman may cause the same to be cleared.

      This provision (former clause 1(a) of rule XXIII), adopted in 1880,
    was made from two older rules dating from 1789 and modified in 1794 to
    provide for the appointment of the Chairman instead of the inconvenient
    method of election by the committee (IV, 4704). It was amended in the
    103d Congress to permit Delegates and the Resident Commissioner to
    preside in the Committee of the Whole (H. Res. 5, Jan. 5, 1993, p. 49),
    but that authority was repealed in the 104th Congress (sec. 212(b), H.
    Res. 6, Jan. 4, 1995, p. 468). Delegates presided in two instances
    during the 103d Congress (Oct. 6, 1994, p. 28533; Oct. 7, 1994, p.
    29167). Before the House recodified its rules in the 106th Congress,
    this provision was found in former clause 1(a) of rule XXIII (H. Res. 5,
    Jan. 6, 1999, p. ----).
      The <> Sergeant-at-Arms attends the sittings of the Committee of
    the Whole and, under direction of the Chairman, maintains order (I,
    257). The Chairman recognizes for debate (V, 5003). Like the Speaker,
    the Chairman is forbidden to recognize for requests to suspend the rule
    of admission to the floor (V, 7285).
      The Chairman decides questions of order arising in the Committee
    independently of the Speaker (V, 6927, 6928) but has declined to
    consider a question that had arisen in the House just before the
    Committee began

    [[Page [747]]]

    to sit (IV, 4725, 4726) or a question that may arise in the House in the
    future (June 21, 1995, p. 16682). For example, the Chairman does not
    respond to a parliamentary inquiry relating to possible proceedings in
    the House on a motion to recommit (Feb. 27, 2002, p. ----). The Chairman
    does not take cognizance of a ``point of order'' against the legislative
    schedule, its announcement being the prerogative of the Leadership (Nov.
    10, 1999, p. ----).
      Decisions of the Chairman on questions of order may be appealed. In
    stating the appeal the question is put as in the House: ``Shall the
    decision of the Chair stand as the judgment of the Committee?'' The
    Committee of the Whole may not postpone a vote on an appeal of a ruling
    of the Chair (even by unanimous consent); and an appeal of a ruling of
    the Chair may be withdrawn in the Committee of the Whole as a matter of
    right (June 8, 2000, p. ----). An appeal is debatable in the Committee
    of the Whole under the five-minute rule (June 24, 2003, p. ----). A
    majority vote sustains the ruling (Aug. 1, 1989, p. 17159).
      He may direct the Committee to rise when the hour previously fixed for
    adjournment of the House arrives, or when the hour previously fixed by
    the House for consideration of other business arrives, in which case he
    reports in the regular way (IV, 4785; VIII, 2376; Aug. 22, 1974, p.
    30077). However, if the Committee happens to be in session at the hour
    fixed for the meeting of the House on a new legislative day, it rests
    with the Committee and not with the Chairman to determine whether or not
    the Committee shall rise (V, 6736, 6737). In rare cases wherein the
    Chairman has been defied or insulted, he has directed the Committee to
    rise, left the chair and, on the chair being taken by the Speaker, has
    reported the facts to the House (II, 1350, 1651, 1653).
      Although the Committee of the Whole does not control the Congressional
    Record, the Chairman may direct the exclusion of disorderly words spoken
    by a Member after he has been called to order (V, 6987), but may not
    determine the privileges of a Member under general ``leave to print''
    (V, 6988). Although arguments on a point of order may not be revised,
    extended, or inserted, the Committee of the Whole by unanimous consent
    has allowed a Member to insert remarks about a point of order to follow
    the ruling thereon (July 13, 2000, p. ----).

      2. (a) <> Except as provided in paragraph (b)
    and in clause 7 of rule XV, the House resolves into the Committee of the
    Whole House on the state of the Union by motion. When such a motion is
    entertained, the Speaker shall put the question without debate: ``Shall
    the House resolve itself into the Committee of the Whole

    [[Page [748]]]

    House on the state of the Union for consideration of this matter?'',
    naming it.
      (b) After the House has adopted a resolution reported by the Committee
    on Rules providing a special order of business for the consideration of
    a measure in the Committee of the Whole House on the state of the Union,
    the Speaker may at any time, when no question is pending before the
    House, declare the House resolved into the Committee of the Whole for
    the consideration of that measure without intervening motion, unless the
    special order of business provides otherwise.

      Paragraph (a) was adopted when the House recodified its rules in the
    106th Congress to codify the form of the motion to resolve into the
    Committee of the Whole (H. Res. 5, Jan. 6, 1999, p. ----). Paragraph (b)
    was added in the 98th Congress (H. Res. 5, Jan. 3, 1983, p. 34). Before
    the House recodified its rules in the 106th Congress, paragraph (b) was
    found in former clause 1(b) of rule XXIII (H. Res. 5, Jan. 6, 1999, p.
    ----).

    Measures requiring initial consideration in the Committee of the Whole
      3. <> All public bills, resolutions, or Senate amendments (as
    provided in clause 3 of rule XXII) involving a tax or charge on the
    people, raising revenue, directly or indirectly making appropriations of
    money or property or requiring such appropriations to be made,
    authorizing payments out of appropriations already made, releasing any
    liability to the United States for money or property, or referring a
    claim to the Court of Claims, shall be first considered in the Committee
    of the Whole House on the state of the Union. A bill, resolution, or
    Senate amend

    [[Page [749]]]

    ment that fails to comply with this clause is subject to a point of
    order against its consideration.

      The first form of this rule was adopted in 1794 and was perfected by
    amendments in 1874 and 1896 (IV, 4792). Before the House recodified its
    rules in the 106th Congress, this provision was found in former clause 3
    of rule XXIII (H. Res. 5, Jan. 6, 1999, p. ----). A technical correction
    to this clause was effected in the 108th Congress (sec. 2(u), H. Res. 5,
    Jan. 7, 2003, p. ----).
      To require consideration in Committee of the Whole, a bill must show
    on its face that it falls within the requirements of the rule (IV, 4811-
    4817; VIII, 2391). Where the expenditure is a mere matter of speculation
    (IV, 4818-4821; VIII, 2388), or where the bill might involve a charge
    but does not necessarily do so (IV, 4809, 4810), the rule does not
    apply. However, where a bill sets in motion a train of circumstances
    destined ultimately to involve certain expenditures, it must be
    considered in Committee of the Whole (IV, 4827; VIII, 2399), as must
    bills ultimately authorizing officials in certain contingencies to part
    with property belonging to the United States (VIII, 2399). In passing
    upon the question as to whether a proposition involves a charge upon the
    Treasury, the Speaker is confined to the provisions of the text and may
    not take into consideration personal knowledge not directly deducible
    therefrom (VIII, 2386, 2391). The requirements of the rule apply to
    amendments as well as to bills (IV, 4793, 4794; VIII, 2331), and also to
    any portion of a bill requiring an appropriation, even though it be
    merely incidental to the bill's main purpose (IV, 4825).
      The House may consider in Committee of the Whole subjects not
    specified in the rule (IV, 4822); for example, major amendments to the
    Rules of the House have been considered in Committee of the Whole
    pursuant to special orders (H. Res. 988, Committee Reform Amendments of
    1974, considered in Committee of the Whole pursuant to H. Res. 1395,
    Sept. 30, 1974, p. 32953; H.R. 17654, Legislative Reorganization Act of
    1970, considered in Committee of the Whole pursuant to H. Res. 1093,
    July 13, 1970, p. 23901). Although conference reports were formerly
    considered in Committee of the Whole, they may not be sent there as a
    result if a point of order that they contain matter ordinarily requiring
    consideration therein (V, 6559-6561).
      When a bill is granted a special order for its consideration by
    special rule (IV, 3216-3224), or by unanimous consent (IV, 4823; VIII,
    2393), the effect is to discharge the Committee of the Whole. The
    special order so dictates, the bill before the full House for its
    consideration (IV, 3216; VII, 788). Otherwise, the bill is considered in
    the House as in the Committee of the Whole (VIII, 2393). For a
    discussion of the modern practice of the House, under which a special
    order reported from the Committee on Rules that makes in order no
    amendments, or only one amendment, normally provides for consideration
    of a measure on the Union Calendar in the House, see House Practice, ch.
    12, Sec. 3.

    [[Page [750]]]

      When a bill once considered in Committee of the Whole is recommitted,
    it is not, when again reported, necessarily subject to the point of
    order that it must be considered in Committee of the Whole (IV, 4828,
    4829; V, 5545, 5546, 5591). The mere making of a unanimous-consent
    request to dispense with the reading of an amendment and to revise and
    extend remarks thereon is not such intervening business as would render
    a point of order untimely under this clause, where the Member making the
    point of order is on his feet seeking recognition (July 16, 1991, p.
    18391; see Deschler-Brown, ch. 31, Sec. Sec. 6.39, 6.41).
      Resolutions reported by the Committee on House Administration
    appropriating from the contingent fund (now referred to as ``applicable
    accounts of the House described in clause 1(i)(1) of rule X'') of the
    House are considered in the House (VIII, 2415, 2416). Authorizations of
    expenditures from the contingent fund, under the later ruling (IV, 4862-
    4867) do not fall within the specifications of the rule (IV, 4868). A
    bill providing for an expenditure which is to be borne otherwise than by
    the Government (IV, 4831; VIII, 2400), or relating to money held in the
    Treasury in trust for a nongovernmental entity (IV, 4835, 4836, 4853;
    VIII, 2413), is not governed by the rule.
      Provisions placing liability jointly on the United States and the
    District of Columbia (IV, 4833), granting an easement on public lands or
    in streets belonging to the United States (IV, 4840-4842), dedicating
    public land to be forever used as a public park (IV, 4837, 4838),
    providing site for statue (VIII, 2405), confirming grants of public
    lands (IV, 4843) and creating new offices (IV, 4824, 4846), have been
    held to require consideration in Committee of the Whole. Indian lands
    have not been considered property of the Government within the meaning
    of the rule (IV, 4844, 4845; VIII, 2413). Although a bill removing the
    rate of postage has been held to be within the rule as affecting
    revenues (IV, 4861), a bill relating to taxes on bank circulation have
    not been so considered (IV, 4854, 4855).

    Order of business
      4. (a) <> Subject to subparagraph (b) business on the calendar of the
    Committee of the Whole House on the state of the Union may be taken up
    in regular order, or in such order as the Committee may determine,
    unless the measure to be considered was determined by the House at the
    time of resolving into the Committee of the Whole.
      (b) Motions to resolve into the Committee of the Whole for
    consideration of bills and joint res

    [[Page [751]]]

    olutions making general appropriations have precedence under this
    clause.

      The early practice left the order of taking up bills to be determined
    entirely by the Committee, but in 1844 the House began by rule to
    regulate the order, and in 1880 adopted the present rule (IV, 4729).
    When the House recodified its rules in the 106th Congress, this
    provision was transferred from former clause 4 of rule XXIII (H. Res. 5,
    Jan. 6, 1999, p. ----). At that time references in this provision to
    revenue bills and rivers and harbors bills were deleted to conform it to
    changes made to the Rules of House by the Committee Reform Amendments of
    1974 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), which revoked the
    privilege to report such bills at any time.
      The power of the Committee to determine the order of considering bills
    on its calendar is construed to authorize a motion to establish an order
    (IV, 4730) or a motion to take up a specified bill out of its order (IV,
    4731, 4732; VIII, 2333). Except in cases wherein the rules make specific
    provisions therefor a motion is not in order in the House to fix the
    order in which business on the calendars of the Committee of the Whole
    shall be taken up (IV, 4733). The Committee of the Whole having voted to
    consider a particular bill, and consideration having begun, a motion to
    reconsider or change that vote is not in order (IV, 4765). When there is
    unfinished business in Committee of the Whole, it is usually first in
    order (IV, 4735; VIII, 2334).

    Reading for amendment-
      5. (a) <> Before general debate commences on a
    measure in the Committee of the Whole House on the state of the Union,
    it shall be read in full. When general debate is concluded or closed by
    order of the House, the measure under consideration shall be read for
    amendment. A Member, Delegate, or Resident Commissioner who offers an
    amendment shall be allowed five minutes to explain it, after which the
    Member, Delegate, or Resident Commissioner who shall first obtain the
    floor shall be allowed five minutes to speak in opposition to it. There
    shall be no further debate thereon, but the same

    [[Page [752]]]

    privilege of debate shall be allowed in favor of and against any
    amendment that may be offered to an amendment. An amendment, or an
    amendment to an amendment, may be withdrawn by its proponent only by the
    unanimous consent of the Committee of the Whole.
      (b) When a Member, Delegate, or Resident Commissioner offers an
    amendment in the Committee of the Whole House on the state of the Union,
    the Clerk shall promptly transmit five copies of the amendment to the
    majority committee table and five copies to the minority committee
    table. The Clerk also shall deliver at least one copy of the amendment
    to the majority cloakroom and at least one copy to the minority
    cloakroom.

      A rule of 1789 provided that bills should be read and debated in
    Committee of the Whole and in the House by clauses. Although that rule
    has disappeared, the practice continues in Committee of the Whole but
    not in the House. Originally there was unlimited debate in Committee of
    the Whole both as to the bill generally and also as to any amendment.
    However, in 1841 the rule that no Member should speak more than an hour
    was applied both to the Committee of the Whole and the House. At the
    same time another rule was adopted to prevent indefinite prolongation of
    debate in Committee of the Whole by permitting the House by majority
    vote to order the discharge of the Committee of the Whole from the
    consideration of a bill after acting, without debate, on pending
    amendments and any other amendments that might be offered. The effect of
    this was to empower the House to close general debate at any time after
    it had actually begun in the Committee and thereby require amendments to
    be voted on without debate. In 1847 a rule provided that any Member
    proposing an amendment should have five minutes in which to explain it,
    and in 1850 an amendment to the rule also permitted five minutes in
    opposition and guarded against abuse by forbidding the withdrawal of an
    amendment once offered (V, 5221). In the 104th Congress the Speaker
    announced his intention to strictly enforce time limitations on debate
    (Jan. 4, 1995, p. 457). Paragraph (b), placing the responsibility for
    providing copies of amendments on the Clerk, was part of the Legislative
    Reorganization Act of 1970 (sec. 124; 84 Stat. 1140) and was added to
    the rule in the 92d Congress (H. Res.

    [[Page [753]]]

    5, Jan. 22, 1971, p. 144). Before the House recodified its rules in the
    106th Congress, this provision was found in former clause 5(a) of rule
    XXIII (H. Res. 5, Jan. 6, 1999, p. ----). The recodification also
    conformed paragraph (a) to the recodified clause 8 of rule XVI to
    reflect the modern practice of first and second readings (H. Res. 5,
    Jan. 6, 1999, p. ----). The fact that copies of an amendment have not
    been made available as required in this clause is not grounds for a
    point of order against the amendment (June 21, 1974, p. 20609; Mar. 25,
    1976, p. 7997).
      General debate must close before amendments, or motions for
    disposition of the bill, may be offered (IV, 4744, 4778; V, 5221).
    General debate is closed by the fact that no Member desires to
    participate further (IV, 4745). Where no member of a committee
    designated to control time is present at the appropriate time during
    general debate in Committee of the Whole, the Chair may presume the time
    to have been yielded back (June 11, 1984, p. 15744). Time unused by a
    minority manger in general debate will be considered as yielded back
    upon recognition of the majority manager to close general debate (Feb.
    27, 2002, p. ----).
      The motion <> to close general debate in Committee of the
    Whole, successor in the practice to the motion to discharge provided by
    the rule of 1841, is made in the House pending the motion that the House
    resolve itself into Committee, and not after the House has voted to go
    into Committee (V, 5208). Though the motion is not debatable, the
    previous question is sometimes ordered on it to prevent amendment (V,
    5203). Where the previous question is ordered, the 40 minutes debate
    under clause 1(a) of rule XIX (former clause 2 of rule XXVII) is not
    allowed (VIII, 2555, 2690). General debate must have already begun in
    Committee of the Whole before the motion to limit debate it is in order
    in the House (V, 5204-5206). The motion may not apply to a series of
    bills (V, 5209) and must be offered to apply to the whole and not to a
    part of a bill (V, 5207). A proposition for a division of time may not
    be made as a part of it (V, 5210, 5211). The motion may not be made in
    Committee of the Whole (V, 5217; VIII, 2548); but, in absence of an
    order by the House, the Committee of the Whole may by unanimous consent
    determine as to general debate (V, 5232; VIII, 2553). Where the House
    has fixed the time, the Committee may not, even by unanimous consent,
    extend it (V, 5212-5216; VIII, 2321, 2550; Mar. 27, 1984, p. 6599; June
    17, 1999, p. ----).
      A simple motion to rise is in order during general debate if offered
    by a Member managing time or a Member to whom a manager yields for that
    purpose (June 10, 1999, p. ----). However, a Member may not, in time
    yielded to him for general debate, move that the Committee rise (May 25,
    1967, p. 14121) or yield to another for such motion (Feb. 22, 1950, p.
    2178; May 17, 2000, p. ----).-

    [[Page [754]]]

      The <> second reading was originally instituted by the rule of 1789 and
    has continued, although the rule was eliminated, undoubtedly by
    inadvertence, in the codification of 1880 (V, 5221). The recodification
    of the 106th Congress conformed paragraph (a) to reflect the modern
    practice of first and second readings (H. Res. 5, Jan. 6, 1999, p. ----
    ).
      Revenue, general appropriation, lighthouse, and river and harbor bills
    are generally read by paragraphs. Other bills are read by sections (IV,
    4738, 4740). The matter is in the discretion of the Chair (VIII, 2341,
    2344, 2346), although the Committee of the Whole has overruled his
    decision (VIII, 2347). A Senate amendment, however, is read in its
    entirety, and not by either paragraphs or sections (V, 6194). An
    amendment in the nature of a substitute offered from the floor also must
    be read in its entirety and is then open to amendment at any point.
    Where a special order of business provides that an amendment inserting a
    provision in a bill be considered as adopted in the House and in the
    Committee of the Whole, the text thereby inserted in the bill is not
    read for amendment in the Committee of the Whole (May 23, 2002, p. ----
    ).
      A bill (or the remainder of a bill) may be considered as having been
    read and open to amendment by unanimous consent but not by motion (June
    18, 1976, p. 19296). A unanimous-consent request in Committee of the
    Whole that an amendment in the nature of a substitute offered from the
    floor be read by sections for amendment is not in order (Mar. 25, 1975,
    p. 8490). The Chairman of the Committee of the Whole normally looks to
    the manager of a general appropriation bill for any request to
    accelerate the reading by paragraph, although the Chair may recognize a
    Member seeking unanimous consent to offer an amendment to a portion of a
    bill not yet read (July 26, 2001, p. ----).
      To a bill read by paragraph, a motion to strike an entire title,
    encompassing multiple paragraphs, is not in order (Aug. 5, 1998, p. ----
    ). Where a bill is considered as read and open to amendment at any
    point, adoption of an amendment adding a new section at the end of the
    bill does not preclude subsequent amendments to previous sections of the
    bill (Apr. 17, 1986, p. 7861).
      When a paragraph or section has been passed, it is not in order to
    return thereto (IV, 4742, 4743) except by unanimous consent (IV, 4746,
    4747; Deschler, ch. 26, Sec. 2.26) or when, the reading of the bill
    being concluded and a motion to rise being decided in the negative, the
    Committee on motion votes to return (IV, 4748). By unanimous consent,
    the Committee of the Whole permitted a Member to withdraw an amendment
    and to reserve her right to reoffer it at a later time, even though that
    portion of the bill would have been passed in the reading (June 28,
    2001, p. ----). The chairman may direct a return to a section whereon,
    by error, no action was had on a pending amendment (IV, 4750).
      Points of order against a paragraph should be made before the next
    paragraph is read (V, 6931; VIII, 2351). The paragraph or section having

    [[Page [755]]]

    been read, and an amendment offered, the right to explain or oppose that
    amendment has precedence of a motion to amend the amendment (IV, 4751).
      The Member recognized during five-minute debate may not yield time (V,
    5035-5037; May 8, 1987, p. 11832; Dec. 10, 1987, p. 34686) unless he
    remains on his feet (June 10, 1998, p. ----); and he must confine
    himself to the subject (V, 5240-5256; VIII, 2591). Where debate on an
    amendment is limited or allocated by special order to a proponent and an
    opponent, the Members controlling the debate may yield and reserve time,
    whereas debate time on amendments under the five-minute rule cannot be
    reserved (Aug. 1, 1990, p. 21425). A Member recognized under the five-
    minute rule may not yield to another Member to offer an amendment (Dec.
    12, 14, 1973, pp. 41171, 41716; Sept. 8, 1976, p. 29243; Mar. 7, 1995,
    p. 7107).
      Where the Chair recognizes the proponent of an amendment to propound a
    unanimous-consent request to modify the text of the amendment before
    commencing debate thereon, the Chair does not charge time consumed under
    a reservation of objection against the proponent's time for debate on
    the amendment (Feb. 3, 1993, p. 1978; May 27, 1993, p. 11931).
      The Chair endeavors to alternate recognition to offer amendments
    between majority and minority Members (giving priority to committee
    members) (July 20, 2000, p. ----). Recognition of Members to offer
    amendments in the Committee of the Whole under the five-minute rule is
    within the discretion of the Chair and cannot be challenged on a point
    of order (Deschler-Brown, ch. 29, Sec. 9.6). The Chair does not
    anticipate the order in which amendments may be offered nor does he
    declare in advance the order in which he will recognize Members
    proposing amendments (Deschler-Brown, ch. 29, Sec. 21.3).
      The Committee of the Whole may not, even by unanimous consent,
    prohibit the offering of an amendment otherwise in order under the five-
    minute rule (July 31, 1984, p. 21701; Mar. 7, 1995, p. 11931).-
      The pro <> forma amendment to ``strike out the last word'' has long been
    used for purposes of debate or explanation where an actual amendment is
    not contemplated (V, 5778; VIII, 2591). Unless a special rule precludes
    any amendment except pro forma amendments for the purpose of debate, a
    pro forma amendment may be voted on unless withdrawn (VIII, 2874). A
    Member who has occupied five minutes on a pro forma amendment to debate
    a pending substantive amendment may not lengthen this time by making
    another pro forma amendment (V, 5222; VIII, 2560), may not offer another
    pro forma amendment after intervening debate on a pending amendment,
    even on a subsequent day (July 14, 1998, p. ----; May 23, 2002, p. ----
    ), and may not extend debate time by offering a substantive amendment
    while other Members are seeking recognition (July 28, 1965, p. 18631). A
    Member recognized to offer a pro forma amendment under the five-minute
    rule may not during that time offer a substantive amendment but must be
    separately recognized for that purpose by the Chair

    [[Page [756]]]

    (Nov. 19, 1987, p. 32880). A Member may speak in opposition to a pending
    amendment and subsequently offer a pro forma amendment and debate that
    (June 30, 1955, p. 9614); a Member may offer a second degree amendment
    and then offer a pro forma amendment to debate the underlying first
    degree amendment (June 28, 1995, p. 17633); and a Member who has debated
    a substantive amendment may thereafter rise in opposition to a pro forma
    amendment thereto (July 20, 1951, p. 8566). A Member who has offered a
    substantive amendment and then debated it for five minutes may not
    extend his time by offering a pro forma amendment, as it is not in order
    for the offeror of an amendment to amend his own amendment except by
    unanimous consent (Oct. 14, 1987, p. 27898). A pro forma amendment may
    be offered after a substitute has been adopted and before the vote on
    the amendment, as amended, by unanimous consent only, since the
    amendment has been amended in its entirety and no further amendments,
    including pro forma amendments, are in order (Oct. 18, 1983, p. 28185;
    June 28, 1995, p. 17633). A Member recognized on a pro forma amendment
    may not allocate or reserve time, though he may in yielding indicate to
    the Chair when he intends to reclaim his time (May 19, 1987, p. 12811;
    July 13, 1994, p. 16438). The Chair endeavors to alternate recognition
    to offer pro forma amendments between majority and minority Members
    (giving priority to committee members) rather than between sides of the
    question (Mar. 21, 1994, p. 5730).

    Quorum and voting
      6. (a) <> A quorum of a Committee of the Whole House on the state of the
    Union is 100 Members. The first time that a Committee of the Whole finds
    itself without a quorum during a day, the Chairman shall invoke the
    procedure for a quorum call set forth in clause 2 of rule XX, unless he
    elects to invoke an alternate procedure set forth in clause 3 or clause
    4(a) of rule XX. If a quorum appears, the Committee of the Whole shall
    continue its business. If a quorum does not appear, the Committee of the
    Whole shall rise, and the Chairman shall report the names of absentees
    to the House.

    [[Page [757]]]

      (b)(1) The Chairman may refuse to entertain a point of order that a
    quorum is not present during general debate.
      (2) After a quorum has once been established on a day, the Chairman
    may entertain a point of order that a quorum is not present only when
    the Committee of the Whole House on the state of the Union is operating
    under the five-minute rule and the Chairman has put the pending
    proposition to a vote.
      (3) Upon sustaining a point of order that a quorum is not present, the
    Chairman may announce that, following a regular quorum call under
    paragraph (a), the minimum time for electronic voting on the pending
    question shall be five minutes.
      (c) When ordering a quorum call in the Committee of the Whole House on
    the state of the Union, the Chairman may announce an intention to
    declare that a quorum is constituted at any time during the quorum call
    when he determines that a quorum has appeared. If the Chairman
    interrupts the quorum call by declaring that a quorum is constituted,
    proceedings under the quorum call shall be considered as vacated, and
    the Committee of the Whole shall continue its sitting and resume its
    business.
      (d) A quorum is not required in the Committee of the Whole House on
    the state of the Union for adoption of a motion that the Committee rise.

      It was the early practice for the Committee of the Whole to rise on
    finding itself without a quorum (IV, 2977), and it was not until 1847
    that a rule (former clause 2(a) of rule XXIII) was adopted. The rule was
    amended in 1880, again in 1890 (which included the concept that a quorum
    in the

    [[Page [758]]]

    Committee should be one hundred rather than a quorum of the House (IV,
    2966)), and in 1971 (Jan. 22, 1971, p. 144). On October 13, 1972 (H.
    Res. 1123, p. 36012) the rule was amended to reflect the installation of
    the electronic voting system in the House Chamber. The clause was
    amended in the 93d Congress to permit the Chair to vacate proceedings
    under the call in his discretion when a quorum appears (H. Res. 998,
    Apr. 9, 1974, pp. 10195-99). In the 95th Congress the clause was
    substantially changed to allow quorum calls only under the five-minute
    rule where the Chairman has put the question on a pending proposition,
    after a quorum of the Committee of the Whole has been once established
    on that day (H. Res. 5, Jan. 4, 1977, pp. 53-70). The clause was amended
    again in the 96th Congress to permit the Committee to continue its
    business following the appearance of a quorum so that the Speaker need
    not take the chair to receive the Committee's report of absentees as in
    previous practice, and to enable the Chairman to reduce to five minutes
    the period for a recorded vote immediately following a regular quorum
    call (H. Res. 5, Jan. 15, 1979, pp. 7-16). In the 97th Congress (H. Res.
    5, Jan. 5, 1981, p. 98) the clause was amended to allow the Chairman the
    discretion whether or not to entertain a point of order of no quorum
    during general debate only. Before the House recodified its rules in the
    106th Congress, this provision was found in former clause 2(a) of rule
    XXIII (H. Res. 5, Jan. 6, 1999, p. ----).
      The Chairman of the Committee of the Whole must entertain a point of
    order of no quorum during the five-minute rule if a quorum has not yet
    been established in the Committee on the bill then pending (and the fact
    that a quorum of the Committee has previously been established on
    another bill on that day is irrelevant during consideration (Sept. 19,
    1984, p. 26082)). Where a recorded vote on a prior amendment or motion
    during the five-minute rule on that bill on that day has established a
    quorum, a subsequent point of no quorum during debate is precluded (June
    3, 1992, p. 13336), although a subsequent call of the Committee may be
    ordered by unanimous consent (May 10, 1984, p. 11869; Dec. 17, 1985, p.
    37469; June 25, 1986, p. 15551). A vote by division is not such
    intervening business as would preclude a five-minute vote under clause
    6(b)(3) (July 22, 1994, p. 17609).
      The Speaker interpreted clause 6(c) to permit the Chairman of the
    Committee of the Whole to announce in advance, at the time that the
    absence of a quorum is ascertained, that he will vacate proceedings when
    a quorum appears, and to convert to a regular quorum call if a quorum
    does not appear at any time during the call (May 13, 1974, p. 14148).
    The Chair need not convert to a regular quorum call precisely at the
    expiration of 15 minutes if 100 Members have not responded on a
    ``notice'' quorum call but may continue to exercise his discretion to
    vacate proceedings at any time during the entire period permitted for
    the conduct of the call by clause 2 of rule XX (July 17, 1974, p.
    23673).
      Before the installation of the electronic system, a quorum in the
    Committee was established by a call of the roll. At one time the roll
    was called

    [[Page [759]]]

    but once (IV, 2967); but in the later practice it was called twice as on
    other roll calls (VI, 668). Under the modern practice the Chairman
    normally directs that Members record their presence by electronic
    device. The Chair may however, in his discretion, order that Members
    respond by the alternative procedures in clause 3 of rule XX
    (alphabetical call of the roll) or clause 4(a) of rule XX (clerk
    tellers) (for the use of clerk tellers for a ``notice'' quorum call in
    Committee of the Whole, see July 13, 1983, p. 18858).
      Where the Committee has risen to report the absence of a quorum, it
    resumes its session by direction of the Speaker on the appearance of a
    quorum (IV, 2968; VI, 674). The quorum which must appear to permit the
    Committee to continue its business is a quorum of the Committee and not
    of the House (IV, 2970, 2971). However, if such quorum fails to appear,
    a quorum of the House is required for the Committee to resume its
    sitting (VI, 674). It was formerly held that after the Committee has
    risen and reported its roll call, a motion to adjourn was in order
    before direction as to resumption of the session (IV, 2969); but under
    the later practice the Committee immediately resumed its session without
    intervening motion or unanimous-consent requests (VI, 672, 673; VIII,
    2377, 2379, 2436). The failure of a quorum of the House to answer on
    this roll call does not interfere with the authority of the Speaker to
    direct the Committee to resume its session (IV, 2969). The Chairman's
    count of a quorum is not subject to verification by tellers (VIII, 2369,
    2436), may not be challenged by an appeal (July 24, 1974, p. 25012), and
    may include those present and not voting (VI, 641). On a division vote
    totaling less than 100, the Chair has relied on his immediately prior
    count on a point of no quorum and on his observation of several Members
    present but not voting on the division vote in finding the presence of a
    quorum of the Committee of the Whole (June 29, 1988, p. 16504). No
    quorum being present when a vote is taken in Committee of the Whole, and
    the Committee having risen before a quorum appeared, such vote is
    invalid, and the question is put de novo when the Committee resumes its
    business (VI, 676, 677). While an ``automatic'' roll call (under clause
    6(a) of rule XX) is not in order in Committee of the Whole, a point of
    order of no quorum may intervene between the announcement of a division
    vote result and the transaction of further business, and a demand for a
    recorded vote following the quorum call is not thereby precluded (Oct.
    9, 1975, p. 32598). Where a recorded vote is refused but the Chair has
    not announced the result of a voice vote on an amendment, and the demand
    for a division vote remains possible, the question remains pending and
    the Chair is obligated to entertain a point of order of no quorum under
    this provision (June 6, 1979, p. 13648).
      The presence <> of a quorum is not necessary for adoption of a motion that the
    Committee of the Whole rise (IV, 2975, 2976, 4914; clause 6(d) of rule
    XVIII; Mar. 5, 1980, p. 4801; Oct. 3, 1985, p. 26096; May 21, 1992, p.
    12394).

    [[Page [760]]]

      A simple motion that the Committee of the Whole rise is privileged
    (VIII, 2369), takes precedence over a motion to amend (May 21, 1992, p.
    12394), and is not debatable (May 17, 2000, p. ----). However, the
    motion cannot interrupt a Member who has the floor (VIII, 2370, 2371)
    and may be ruled out when dilatory (VIII, 2800). For a further
    discussion of the motion to rise, see Sec. 334, supra.
      A point of order of no quorum may not be entertained, on a day on
    which a quorum has been established, during the period after the
    Committee of the Whole has risen after completing its consideration of a
    bill or resolution and before the Chairman of the Committee has reported
    the bill or resolution back to the House. The Chairman having announced
    the absence of a quorum in Committee of the Whole, a motion to rise is
    in order and if a quorum develops on the vote by which the motion is
    rejected the roll is not called and the Committee proceeds with its
    business (VIII, 2369). The passage of a bill by the House is not
    invalidated by the fact that the Committee of the Whole reported it on
    an erroneous supposition that a record vote had disclosed a quorum (IV,
    2972).

      (e) In the Committee of the Whole House on the state of the Union, the
    Chairman shall order a recorded vote on a request supported by at least
    25 Members.

      This provision was adopted in the 96th Congress (H. Res. 5, Jan. 15,
    1979, pp. 7-16). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 2(b) of rule XXIII
    (H. Res. 5, Jan. 6, 1999, p. ----).

    -  (f) <> In the Committee of the Whole House on the state of the Union,
    the Chairman may reduce to five minutes the minimum time for electronic
    voting without any intervening business or debate on any or all pending
    amendments after a record vote has been taken on the first pending
    amendment.
      (g) The Chairman may postpone a request for a recorded vote on any
    amendment. The Chairman may resume proceedings on a postponed request at
    any time. The Chairman may reduce to five minutes the minimum time for
    electronic

    [[Page [761]]]

    voting on any postponed question that follows another electronic vote
    without intervening business, provided that the minimum time for
    electronic voting on the first in any series of questions shall be 15
    minutes.

      Paragraph (f) was added in the 102d Congress (H. Res. 5, Jan. 3, 1991,
    p. 39). Before the House recodified its rules in the 106th Congress,
    paragraph (f) was found in former clause 2(c) of rule XXIII (H. Res. 5,
    Jan. 6, 1999, p. ----). A vote by division is not such intervening
    business as would preclude a five-minute vote under this paragraph (July
    22, 1994, p. 17609).
      Paragraph (g) was added in the 107th Congress (H. Res. 5, Jan. 3,
    2001, p. ----). Before the adoption of paragraph (g), the Chairman of
    the Committee of the Whole could not entertain a unanimous-consent
    request to reduce below 15 minutes the minimum time for recorded votes
    (June 18, 1987, p. 16764) or to postpone and cluster votes on amendments
    (July 13, 1995, p. 18871; Sept. 27, 1995, p. 26611; July 14, 1998, p. --
    --). Special rules of the House prior to adoption of paragraph (g)
    routinely provided the Chairman of the Committee of the Whole authority
    to postpone and cluster requests for recorded votes. Where a special
    rule provided such authority: (1) use of that authority, and the order
    of clustering, was entirely within the discretion of the Chair (Aug. 5,
    1998, p. ----; Mar. 29, 2000, p. ----); (2) an amendment pending as
    unfinished business where proceedings on a request for a recorded vote
    had been postponed could be modified by unanimous consent on the
    initiative of its proponent (Mar. 30, 2000, p. ----); (3) a request for
    a recorded vote on an amendment on which proceedings had been postponed
    could be withdrawn by unanimous consent before proceedings resumed on
    the request as unfinished business, in which case the amendment stood
    disposed of by the voice vote thereon (May 16, 2000, p. ----); (4) it
    did not permit the Chair to postpone a vote on an appeal of a ruling of
    the Chair (even by unanimous consent) (June 8, 2000, p. ----); (5) the
    Committee of the Whole by unanimous consent could vacate postponed
    proceedings, thereby permitting the Chair to put the question de novo
    (June 20, 2000, p. ----); and (6) the Committee of the Whole could
    resume proceedings on unfinished business consisting of a ``stack'' of
    amendments even while another amendment was pending (July 10, 2000, p.
    ----).
      Pursuant to this clause, where the Speaker has announced that he will
    postpone a request for a recorded vote that was made pending a point of
    order of no quorum, the point of order is considered as withdrawn
    because the question is no longer pending after the Speaker's
    announcement (see Sec. 1026, infra). The offering of a pro forma
    amendment to discuss the legislative program, or an extended one-minute
    speech by a Member to express gratitude to the Members on a personal
    matter, is considered inter

    [[Page [762]]]

    vening business such as to preclude a five-minute vote under this
    authority except by unanimous consent (June 22, 2000, p. ----; June 27,
    2000, p. ----).
       <> When the 103d Congress enabled voting by the Delegates and
    the Resident Commissioner in the Committee of the Whole, it also added a
    paragraph (d) to former clause 2 of rule XXIII to provide for immediate
    reconsideration in the House of questions resolved in the Committee of
    the Whole House on the state of the Union by a margin within which the
    votes of Delegates and the Resident Commissioner have been decisive (H.
    Res. 5, Jan. 5, 1993, p. 49). When the 104th Congress repealed the
    authority for the Delegates and the Resident Commissioner to vote in the
    Committee of the Whole, it also repealed former clause 2(d) (sec.
    212(c), H. Res. 6, Jan. 4, 1995, p. 468).
      Under the former paragraph (d), whether the votes cast by the
    delegates were decisive was determined by a ``but for'' test, the
    question being whether the result would have been different if their
    votes were not counted (May 19, 1993, p. 10409). An amendment adopted by
    immediate proceedings de novo in the House under the former paragraph
    (d) did not disturb the sequence of a ``king-of-the-hill'' procedure
    established by a special rule waiving all points of order against
    subsequent amendments (Mar. 17, 1994, p. 5388).

    Dispensing with the reading of an amendment
      7. <> It shall be in
    order in the Committee of the Whole House on the state of the Union to
    move that the Committee of the Whole dispense with the reading of an
    amendment that has been printed in the bill or resolution as reported by
    a committee, or an amendment that a Member, Delegate, or Resident
    Commissioner has caused to be printed in the Congressional Record. Such
    a motion shall be decided without debate.

      This provision was added in the 97th Congress (H. Res. 5, Jan. 5,
    1981, pp. 98-113) to permit a motion to dispense with the reading of
    certain amendments in the Committee of the Whole. Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 5(b) of rule XXIII (H. Res. 5, Jan. 6, 1999, p. ----).

    [[Page [763]]]

    Closing debate-
      8. (a) <> Subject to paragraph (b) at any time after the Committee of the
    Whole House on the state of the Union has begun five-minute debate on
    amendments to any portion of a bill or resolution, it shall be in order
    to move that the Committee of the Whole close all debate on that portion
    of the bill or resolution or on the pending amendments only. Such a
    motion shall be decided without debate. The adoption of such a motion
    does not preclude further amendment, to be decided without debate.
      (b) If the Committee of the Whole House on the state of the Union
    closes debate on any portion of a bill or resolution before there has
    been debate on an amendment that a Member, Delegate, or Resident
    Commissioner has caused to be printed in the Congressional Record at
    least one day before its consideration, the Member, Delegate, or
    Resident Commissioner who caused the amendment to be printed in the
    Record shall be allowed five minutes to explain it, after which the
    Member, Delegate, or Resident Commissioner who shall first obtain the
    floor shall be allowed five minutes to speak in opposition to it. There
    shall be no further debate thereon.
      (c) Material submitted for printing in the Congressional Record under
    this clause shall indicate the full text of the proposed amendment, the
    name of the Member, Delegate, or Resident Commissioner proposing it, the
    number of the bill or resolution to which it will be offered, and

    [[Page [764]]]

    the point in the bill or resolution or amendment thereto where the
    amendment is intended to be offered. The amendment shall appear in a
    portion of the Record designated for that purpose. Amendments to a
    specified measure submitted for printing in that portion of the Record
    shall be numbered in the order printed.

      This clause (former clause 6 of rule XXIII) was adopted in 1860, with
    amendments in 1880 and 1885 (V, 5221, 5224). Paragraph (b), permitting
    10 minutes for debate on an amendment that has been printed in the
    Record even after the Committee of the Whole closes debate, was inserted
    in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144) following the
    enactment of an identical provision in section 119 of the Legislative
    Reorganization Act of 1970 (84 Stat. 1140). In the 105th Congress that
    provision was amended to accommodate the printing of amendments to
    measures not yet reported (H. Res. 5, Jan. 7, 1997, p. 121). The third
    sentence, relating to the procedure for submitting and printing of
    amendments, was added in the 93d Congress (H. Res. 1387, Nov. 25, 1974,
    p. 37270). The last sentence, relating to the numbering of printed
    amendments, was added in the 104th Congress (sec. 217, 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 6 of rule XXIII (H.
    Res. 5, Jan. 6, 1999, p. ----). A clerical correction was effected to
    paragraph (c) in the 107th Congress (sec. 2(x), H. Res. 5, Jan. 3, 2001,
    p. ----).
      The Speaker announced that amendments to be printed in the Record
    pursuant to this clause must be deposited in a separate box at the
    Rostrum or with the Official Reporters of Debates within 15 minutes
    following adjournment, and must bear the Member's original signature
    (Nov. 25, 1974, p. 37270). Although ordinarily the expiration of time
    for debate on a bill and all amendments thereto precludes debate on
    amendments offered thereafter (July 18, 1968, p. 22110), debate on an
    amendment printed in the Record may nevertheless proceed for 10 minutes
    under this clause (Aug. 2, 1973, p. 27715). Printing an amendment in the
    Record under this clause permits debate notwithstanding a limitation of
    debate only if the amendment has been properly offered, and does not
    permit the offering of an amendment not otherwise in order under the
    rules (Apr. 23, 1975, p. 11491); and the guaranteed five minutes may be
    claimed only if the offeror of the amendment is the Member who caused it
    to be printed under the rule (June 1, 1976, p. 16044; June 29, 1989, p.
    13928; June 19, 1991, p. 15473). The guaranteed time applies to an
    amendment offered as a substitute for another amendment, rather than as
    a primary amendment, if offered in the precise form printed (June 26,
    1979, p. 16682), but where such a substitute amendment has not been
    printed in the Record it may

    [[Page [765]]]

    not be debated unless time is yielded within the original 10 minutes
    (Dec. 10, 1987, p. 34710). Where a special order requires amendments to
    be printed in the Record to qualify during the consideration of a bill
    under the five-minute rule, but makes no designation concerning
    offerors, any printed amendment may be offered by any Member (Mar. 22,
    1990, p. 5017); but only the Member causing the amendment to be printed
    is entitled to the time for debate guaranteed by this clause.
      The motion to close five-minute debate is not in order until such
    debate has begun (V, 5225; VIII, 2567), which means after one five-
    minute speech (V, 5226; VIII, 2573). The motion to strike the enacting
    clause under clause 9 (former clause 7) of this rule is preferential to
    the motion to close debate (June 28, 1995, p. 17647; July 13, 1995, p.
    18872). Although any Member may move, or request unanimous consent, to
    limit debate under the five-minute rule, the manager of the bill has
    priority in recognition for such purpose (June 19, 1984, p. 17055). The
    House, as well as the Committee of the Whole, may close five-minute
    debate after it has begun (V, 5229, 5231), but rarely exercises this
    right. The motion to close debate, while not debatable (Apr. 23, 1975,
    p. 11534; June 5, 1975, p. 17187, July 14, 1998, p. ----), may be
    amended (V, 5227; VIII, 2578). A time limitation imposed by the
    Committee of the Whole under this clause may be rescinded or modified
    only by unanimous consent (Sept. 17, 1975, p. 28904). While the
    Committee of the Whole may limit debate on amendments, it may not
    restrict the offering of amendments in contravention of a special order
    adopted by the House (June 25, 1985, p. 17201). The Committee of the
    Whole by unanimous consent may limit and allocate control of time for
    debate on amendments not yet offered (May 6, 1998, p. ----). The motion
    may be ruled out when dilatory (V, 5734).
      The closing of debate on the last section of a bill does not preclude
    debate on a substitute for the whole text (V, 5228). Where there is a
    time limitation on debate on a pending amendment in the nature of a
    substitute and all amendments thereto, but not on the underlying
    original text, debate on perfecting amendments to the original text
    proceeds under the five-minute rule absent another time limitation (Apr.
    13, 1983, p. 8402). Where the time for debate on a pending amendment in
    the form of a motion to strike and all amendments thereto has been
    limited, a subsequently offered perfecting amendment considered as
    preferential to (rather than as an amendment to) the motion to strike
    remains separately debatable outside the limitation (July 20, 1995, p.
    19788). Where five-minute debate has been limited to a certain number of
    minutes without reference to a time certain, the time consumed by
    reading of amendments, quorum calls, points of order and votes does not
    reduce the amount of time remaining for debate (Oct. 3, 1969, p. 28459;
    Nov. 9, 1971, p. 40060). However, where debate has been limited to a
    time certain, such activities as reading and voting consume time
    otherwise available for debate (May 6, 1970, p. 14452; Oct. 7, 1976, p.
    26305). Unlike time placed under a Member's control, five-minute debate
    (or time derived therefrom under a limitation) may not be

    [[Page [766]]]

    reserved or yielded in blocks except by unanimous consent (Mar. 2, 1976,
    p. 4992; May 11, 1976, p. 13416; June 14, 1977, p. 18833). A motion to
    limit debate on a pending amendment may neither allocate the time
    proposed to remain nor vary the order of recognition to close debate,
    though the Committee of the Whole may do either separately by unanimous
    consent (July 12, 1988, p. 17767). The Committee of the Whole may by
    motion: (1) limit debate on a pending committee amendment in the nature
    of a substitute (considered as read) and on all amendments thereto to a
    time certain; and then (2) separately limit debate on each perfecting
    amendment as it is offered (Mar. 16, 1983, p. 5794).
      Under a limitation on debate the Chair may, in his discretion, choose
    among the following: (1) permit continued debate under the five-minute
    rule; (2) divide the remaining time among those desiring to speak; or
    (3) divide the remaining time between a proponent and an opponent to be
    yielded by them to other Members (May 25, 1982, p. 11672; May 10, 2000,
    p. ----). The Chair also may, in his discretion, give priority in
    recognition under a limitation to those Members seeking to offer
    amendments, over other Members standing at the time the limitation was
    agreed to (May 26, 1977, pp. 16950-52). Where time for debate has been
    limited on a bill and all amendments thereto to a time certain several
    hours away, the Chair may, in his discretion, continue to proceed under
    the five-minute rule until he desires to allocate remaining time on
    possible amendments, and may then divide that time among proponents of
    anticipated amendments and committee members opposing those amendments
    (July 16, 1981, p. 16044; Feb. 28, 1995, pp. 6306-08; May 10, 2000, p.
    ----). The Chair has discretion to reallocate time to conform to the
    limit set by unanimous consent of the Committee of the Whole (Mar. 16,
    1995, p. 8115).
      As codified in clause 3(c) of rule XVII (and except as indicated in
    Sec. 959, supra) the manager of the bill, and not the proponent of the
    pending amendment, has the right to close controlled debate on an
    amendment (July 16, 1981, p. 16043), even where he is also the proponent
    of a pending amendment to the amendment (Mar. 16, 1983, p. 5792).

    Striking the enacting clause
      9. <> A motion that the Committee of the Whole House on the state of
    the Union rise and report a bill or resolution to the House with the
    recommendation that the enacting or resolving clause be stricken shall
    have precedence of a motion to amend, and, if carried in the House,
    shall constitute a rejection of the bill or resolution. When

    [[Page [767]]]

    ever a bill or resolution is reported from the Committee of the Whole
    with such adverse recommendation and the recommendation is rejected by
    the House, the bill or resolution shall stand recommitted to the
    Committee of the Whole without further action by the House. Before the
    question of concurrence is submitted, it shall be in order to move that
    the House refer the bill or resolution to a committee, with or without
    instructions. If a bill or resolution is so referred, then when it is
    again reported to the House it shall be referred to the Committee of the
    Whole without debate.

      The practice of rejecting a bill by striking out the enacting words
    dates from a time as early as 1812, but the first rule on the subject
    was not adopted until 1822. By amendments in 1860, 1870, and 1880 the
    rule has been brought into its present form (V, 5326). The rule before
    1880 applied in the House as well as in Committee of the Whole. In the
    revision of 1880, it was classified among the rules relating to the
    Committee of the Whole, but there is nothing to indicate that this
    change was intended to limit the scope of the motion. It was probably a
    recognition merely of the fact that the motion was used most frequently
    in Committee of the Whole (V, 5326, 5332). Before the House recodified
    its rules in the 106th Congress, this provision was found in former
    clause 7 of rule XXIII (H. Res. 5, Jan. 6, 1999, p. ----). The motion
    must be in writing and in the proper form (July 24, 1986, p. 17641; Aug.
    15, 1986, p. 22071; Sept. 12, 1986, p. 23178).
      The motion <> may not be made until the first
    section of the bill has been read (V, 5327; VIII, 2619). Having
    precedence of a motion to amend, it may be offered while an amendment is
    pending (V, 5328-5331; VIII, 2622, 2624, 2627). The motion takes
    precedence over the motion to amend and therefore over the motion to
    rise and report at the end of the reading of a general appropriation
    bill for amendment under clause 2(d) of rule XXI (July 24, 1986, p.
    17641). The motion also takes precedence over a motion to limit debate
    on pending amendments (June 28, 1995, p. 17647; July 13, 1995, p.
    18874). Where a special order provides that a bill shall be open to
    amendment in Committee of the Whole, a motion to strike out the enacting
    words is in order (VII, 787); contra (IV, 3215), but after the stage of
    amendment has been passed the motion to strike out the enacting words is
    not in order (IV, 4782; VIII, 2368). Where a bill is being considered
    under a special order which permits only committee

    [[Page [768]]]

    amendments and no amendments thereto, a motion that the Committee rise
    and report with the recommendation that the enacting clause be stricken
    is not in order where no committee amendments are in fact offered (Apr.
    16, 1970, p. 12092).
      The motion is debatable as to the merits of the bill, but may not go
    beyond its provisions (V, 5336). The debate on the motion is governed by
    the five-minute rule (V, 5333-5335; VIII, 2618, 2628-2631); only two
    five-minute speeches are in order (V, 5335; VIII, 2629), and time may
    not be reserved (May 22, 1991, p. 11830); thus where a Member recognized
    for five minutes in opposition to the motion yields back his time
    another Member may not claim the unused portion thereof (Mar. 3, 1988,
    p. 3241). Members of the committee managing the bill have priority in
    recognition for debate in opposition to the motion (May 5, 1988, p.
    9955; June 26, 1991, p. 16436). The Chair will not announce in advance
    the Member to be recognized in opposition to the motion (July 17, 1996,
    p. 17543). The motion is not debatable after the expiration of time for
    debate on the pending bill and all amendments thereto (July 9, 1965, p.
    16280; July 19, 1973, p. 24961; June 19, 1975, p. 19785). However, it is
    debatable where the limitation is only on an amendment in the nature of
    a substitute being read as an original bill for the purpose of amendment
    under a special order and not on the bill, itself, as well (June 20,
    1975, p. 19966). For more concerning debate on the motion, see Deschler,
    ch. 19, Sec. 13.
      A second motion to strike out the enacting clause is not entertained
    on the same legislative day in the absence of any material modification
    of the bill (VIII, 2636), but the motion may be repeated on a subsequent
    legislative day without change in the bill (May 6, 1950, p. 6571). The
    rejection of a proposed amendment to the bill does not qualify as a
    modification of the bill (June 21, 1962, p. 11369), nor does the
    adoption of an amendment to a proposed amendment to the bill. However,
    adoption of an amendment to an amendment in the nature of a substitute
    read as an original bill pursuant to a special order does qualify as a
    modification of the bill (June 20, 1975, p. 19970). A motion that is
    withdrawn by unanimous consent rather than voted on by the Committee
    does not preclude the offering of another motion on the same day without
    a material modification of the bill (May 9, 1996, p. 10758).
      A point of order against the motion should be made before debate
    thereon has begun (V, 6902; VIII, 3442; May 6, 1950, p. 6571), and when
    challenged the Member offering the motion must qualify as being opposed
    to the bill (Mar. 13, 1942, p. 2439; May 6, 1950, p. 6571; June 14,
    1979, p. 14995; Jan. 26, 1995, p. 2521). When a bill is reported from
    the Committee of the Whole with the recommendation that the enacting
    words be stricken out, the motion to strike out is debatable (V, 5337-
    5340), but a motion to lay on the table is not in order (V, 5337). The
    previous question may be moved on the motion to concur without applying
    to further action on the bill (V, 5342). When the House disagrees to the
    action of the Committee in striking out the enacting words and does not
    refer it under the provisions

    [[Page [769]]]

    of the rule, it goes back to the Committee of the Whole, where it
    becomes unfinished business (V, 5326, 5345, 5346; VIII, 2633).
    Notwithstanding that consideration of the pending bill was governed by a
    ``modified-closed'' rule permitting only specified amendments, pending
    the concurrence of the House with a recommendation of the Committee of
    the Whole that the enacting clause be stricken, the House could by
    instructions in a motion to refer under this clause direct the Committee
    of the Whole to consider additional germane amendments (Apr. 14, 1994,
    p. 7452). When the enacting words of a bill are stricken out, the bill
    is rejected (V, 5326). When the enacting clause of a Senate measure is
    stricken, the bill is rejected (V, 5326); and the Senate is so informed
    (IV, 3423; VIII, 2638; June 20, 1946, p. 7211; Oct. 4, 1972, p. 33787).
      When, on Calendar Wednesday, the House disagrees to the recommendation
    of the Committee of the Whole that the enacting words be stricken out,
    the House automatically resolves itself into Committee of the Whole for
    its further consideration (VII, 943). When the bill is thus again taken
    up in Committee of the Whole it is taken up as unfinished business and
    is open to amendment, and the motion to strike out the enacting words
    may be again offered (VIII, 2633).

    Concurrent resolution on the budget
      10. (a) <> At the conclusion of general debate in the Committee of the
    Whole House on the state of the Union on a concurrent resolution on the
    budget under section 305(a) of the Congressional Budget Act of 1974, the
    concurrent resolution shall be considered as read for amendment.
      (b) It shall not be in order in the House or in the Committee of the
    Whole House on the state of the Union to consider an amendment to a
    concurrent resolution on the budget, or an amendment thereto, unless the
    concurrent resolution, as amended by such amendment or amendments--
          (1) would be mathematically consistent except as limited by
    paragraph (c); and

    [[Page [770]]]

          (2) would contain all the matter set forth in paragraphs (1)
    through (5) of section 301(a) of the Congressional Budget Act of 1974.
      (c)(1) Except as specified in subparagraph (2), it shall not be in
    order in the House or in the Committee of the Whole House on the state
    of the Union to consider an amendment to a concurrent resolution on the
    budget, or an amendment thereto, that proposes to change the amount of
    the appropriate level of the public debt set forth in the concurrent
    resolution, as reported.
      (2) Amendments to achieve mathematical consistency under section
    305(a)(5) of the Congressional Budget Act of 1974, if offered by
    direction of the Committee on the Budget, may propose to adjust the
    amount of the appropriate level of the public debt set forth in the
    concurrent resolution, as reported, to reflect changes made in other
    figures contained in the concurrent resolution.

      Paragraph (a) (first sentence of former clause 8 of rule XXIII) was
    added to the rules on January 4, 1977 (H. Res. 5, 95th Cong., pp. 53-
    70). Paragraph (b) (second sentence of former clause 8 of rule XXIII)
    was adopted in the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16).
    In the 96th Congress paragraph (b) was amended further and paragraph (c)
    (third sentence of former clause 8 of rule XXIII) was added by Public
    Law 96-78 (93 Stat. 589) and was originally intended to apply to
    concurrent resolutions on the budget for fiscal years beginning on or
    after October 1, 1980 (fiscal 1980). However, in the 96th Congress the
    provisions of that public law amending the Rules of the House were made
    applicable to the third concurrent resolution on the budget for fiscal
    year 1980 as well as the first concurrent resolution on the budget for
    fiscal year 1981 (H. Res. 642, Apr. 23, 1980, p. 8789). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 8 of rule XXIII (H. Res. 5, Jan. 6, 1999, p. ----).

    [[Page [771]]]

    Unfunded mandates
      11. (a) <> In the Committee of the
    Whole House on the state of the Union, an amendment proposing only to
    strike an unfunded mandate from the portion of the bill then open to
    amendment, if otherwise in order, may be precluded from consideration
    only by specific terms of a special order of the House.
      (b) In this clause the term ``unfunded mandate'' means a Federal
    intergovernmental mandate the direct costs of which exceed the threshold
    otherwise specified for a reported bill or joint resolution in section
    424(a)(1) of the Congressional Budget Act of 1974.

      This provision (former clause 5(c) of rule XXIII) was added by the
    Unfunded Mandates Reform Act of 1995 (sec. 107(a), P.L. 104-4; 109 Stat.
    63). It was amended later in the 104th Congress to effect a technical
    correction (H. Res. 254, Nov. 30, 1995, p. 35077), and in the 105th
    Congress to clarify that it applies to intergovernmental mandates (H.
    Res. 5, Jan. 7, 1997, p. 121). Before the House recodified its rules in
    the 106th Congress, this provision was found in former clause 5(c) of
    rule XXIII (H. Res. 5, Jan. 6, 1999, p. ----).

    Applicability of Rules of the House
      12. <> The Rules of the House are the rules of the Committee of
    the Whole House on the state of the Union so far as applicable.

      This clause was adopted in 1789 (IV, 4737). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 9 of rule XXIII (H. Res. 5, Jan. 6, 1999, p. ----).
      A unanimous-consent <> request may not be entertained in the Committee of the Whole
    by the Chair if its effect is to materially modify procedures required
    by a special rule or order adopted by the House. For example, the
    following unanimous-consent requests may not be entertained in the
    Committee of the Whole: (1) to permit a perfecting amendment to be
    offered to the underlying bill where a special rule permitted its
    consideration only as a perfecting

    [[Page [772]]]

    amendment to a committee amendment (Aug. 2, 1977, p. 26161); (2) to
    permit a substitute to be read by section for amendment where the
    special rule did not so provide (Dec. 12, 1973, p. 41153); (3) to extend
    the time limitation for consideration of amendments beyond that set by a
    special order requiring the Chair to put the question on the pending
    amendments at the expiration of certain hours of consideration (Apr. 10,
    1986, p. 7079; Oct. 30, 1991, p. 29213; Aug. 3, 1999, p. ----; Oct. 21,
    1999, p. ----); (4) to restrict ``en blocking'' authority granted in a
    special order (Sept. 11, 1986, p. 22871; June 21, 1989, p. 12744); (5)
    to change the scheme for control (Oct. 9, 1986, p. 29984) or duration
    (Aug. 1, 1989, p. 17143; Mar. 12, 1991, p. 5799; Mar. 17, 1993, p. 5385;
    June 17, 1999, p. ---- (Chair corrected himself)) of general debate
    specified by the House; (6) to preempt the Chair's discretion (granted
    by a special order) to postpone and cluster votes or to schedule further
    consideration of a pending measure to a subsequent day (June 4, 1992, p.
    13625; July 13, 1995, p. 18872; Aug. 2, 1999, p. ----); (7) to postpone
    a vote on an appeal of a ruling of the Chair (June 8, 2000, p. ----);
    (8) to permit an amendment offered by another Member to an amendment
    rendered unamendable by a special order or to permit a subsequent
    amendment changing such unamendable amendment already adopted (Nov. 18,
    1987, p. 32643; July 26, 1989, p. 16411; July 24, 1996, p. 18907); (9)
    to permit consideration of an amendment out of the order specified in a
    special rule (May 25, 1988, p. 12275; Oct. 3, 1990, p. 27354; Oct. 31,
    1991, p. 29359; Nov. 19, 1993, p. 30472; June 10, 1998, p. ----); (10)
    to permit consideration of an additional amendment or to authorize a
    supplemental report from the Committee on Rules in lieu of the original
    report referred to in the special order (July 28, 1988, p. 19491;
    Speaker Wright, Aug. 11, 1988, p. 22105; June 10, 1998, p. ----; July
    29, 1999, p. ----); (11) to permit another to offer an amendment vested
    in a specified Member (May 1, 1990, p. 9030); (12) to permit a division
    of the question on an amendment rendered indivisible by a special order
    (July 16, 1996, p. 17318); (13) to preclude procedural votes (where the
    order of the House refrained from precluding any form of motion to rise)
    (July 26, 2001, p. ----); (14) to preclude further amendment except as
    specified (Apr. 3, 2003, p. ----) .
      Unanimous-consent requests have been entertained in Committee of the
    Whole: (1) to permit the modification of a designated amendment made in
    order by a special rule, once offered, if the request is propounded by
    the proponent of the amendment (Sept. 1, 1976, p. 28877; Nov. 19, 1993,
    p. 30472; July 24, 1996, p. 18906; Mar. 29, 2000, p. ----; Mar. 13,
    2002, p. ----), including as unfinished business where proceedings on a
    request for a recorded vote have been postponed (Mar. 30, 2000, p. ----
    ); (2) to permit a page reference to be included in a designated
    amendment made in order as printed where the printed amendment did not
    include that reference (Apr. 1, 1976, p. 9091); (3) to permit a
    supporter of an amendment to claim debate time allocated by special
    order to an opponent, where no opponent seeks recognition (May 23, 1990,
    p. 11988); (4) to shorten the

    [[Page [773]]]

    time set by special order for debate on a particular amendment (Aug. 1,
    1990, p. 21510; Mar. 29, 1995, p. 9742); (5) to lengthen the time set by
    special order for debate on a particular amendment under terms of
    control congruent with those set by the order of the House (May 11,
    1988, p. 10495; May 21, 1991, p. 11646; Mar. 22, 1995, p. 8769; June 27,
    1995, p. 17329; Nov. 2, 1995, p. 31376); (6) to permit en bloc
    consideration of several amendments under a ``modified-closed'' special
    order providing for the sequential consideration of designated separate
    amendments (Aug. 10, 1994, p. 20768); (7) to permit one of two
    committees controlling time for general debate pursuant to a special
    order to yield control of its time to the other (Aug. 18, 1994, p.
    23118); (8) to permit the offering of pro forma amendments for the
    purpose of debate under a ``modified-closed'' special order limiting
    both amendments and debate thereon (July 17, 1996, p. 17563; July 24,
    1996, p. 18896); (9) to reach ahead in the reading of a general
    appropriation bill to consider one amendment without prejudice to others
    earlier in the bill under a special order of the House contemplating
    that each remaining amendment be offered only at the ``appropriate point
    in the reading of the bill'' (Mar. 29, 2000, p. ----); and (10) to
    permit the reading of an amendment that already was considered as read
    under the special order of the House (June 13, 2000, p. ----; July 10,
    2002, p. ----).
      By unanimous consent the House may delegate to the Committee of the
    Whole authority to entertain unanimous-consent requests to change
    procedures contained in an adopted special order (Aug. 11, 1986, p.
    20633). The Member offering an amendment in the Committee of the Whole
    pursuant to a special order of the House has the burden of proving that
    it meets the description of the amendment made in order (July 17, 1996,
    p. 17553). The Chair advised the Committee that an amendment made in
    order was described by subject matter rather than by prescribed text and
    that the pending amendment fit such description (July 20, 2000, p. ----
    ). For a description of the authority under clause 6(g) of this rule for
    the Chairman of the Committee of the Whole to postpone and cluster
    requests for recorded votes on amendments (which, prior to the adoption
    of that clause, was routinely provided by special orders of the House),
    and the Chair's interpretation thereof, see Sec. 984, infra.

    [DOCID:hd284-123]
                                    Rule XIX

    [DOCID:hd284-124]
                      motions following the amendment stage

    Previous question
      1. (a) <> There shall be a motion
    for the previous question, which, being ordered, shall have the effect
    of cutting off all debate and bringing the House to a direct

    [[Page [774]]]

    vote on the immediate question or questions on which it has been
    ordered. Whenever the previous question has been ordered on an otherwise
    debatable question on which there has been no debate, it shall be in
    order to debate that question for 40 minutes, equally divided and
    controlled by a proponent of the question and an opponent. The previous
    question may be moved and ordered on a single question, on a series of
    questions allowable under the rules, or on an amendment or amendments,
    or may embrace all authorized motions or amendments and include the bill
    or resolution to its passage, adoption, or rejection.

      The House adopted a rule for the previous question in 1789, but did
    not turn it into an instrument for closing debate until 1811. The
    history of the motion for the previous question is discussed in V, 5443,
    5446; VIII, 2661. In 1880 the previous question rule was amended to
    apply to single motions or a series of motions as well as to amendments,
    and the motion to commit pending the motion for the previous question or
    after the previous question is ordered to passage was added (V, 5443).
    From 1880 to 1890, the previous question could only be ordered to the
    engrossment and third reading, and then again ordered on passage, but in
    1890 the rule was changed to permit ordering the previous question to
    final passage (V, 5443). When the House recodified its rules in the
    106th Congress, it consolidated former clause 1 of rule XVII and a
    provision included in former clause 2 of rule XXVII, permitting 40
    minutes debate on which the previous question has been ordered without
    there having been debate under this clause. The 106th Congress also
    transferred the provision addressing the motion to commit from clause 1
    of rule XVII to clause 2 of this rule (H. Res. 5, Jan. 6, 1999, p. ----
    ).
      The <> previous question is the only motion used for closing debate
    in the House itself (V, 5456; VIII, 2662). It is not in order in
    Committee of the Whole (IV, 4716; Apr. 25, 1990, p. 8257) but is in
    order in the House as in Committee of the Whole (VI, 639). The motion
    may not include a provision that it shall take effect at a certain time
    (V, 5457). Forty minutes of debate are allowed whenever the previous
    question is ordered on an otherwise debatable proposition on which there
    has been no debate (V, 6821; VIII, 2689; Sept. 13, 1965, p. 23602)
    unless there has been debate,

    [[Page [775]]]

    even though brief, before the ordering of the previous question (V,
    5499-5501). This preliminary debate should be on the merits of the
    question if the 40 minutes of debate are to be denied for reason of it
    (V, 5502). The 40 minutes should be demanded before division has begun
    on the main question (V, 5496). It may not be demanded on incidental
    motions, but is confined to the main question (V, 5497, 5498; VIII,
    2687). It may not be demanded on a proposition that has been debated in
    Committee of the Whole (V, 5505), or on a conference report if the
    subject matter of the report was debated before being sent to conference
    (V, 5506, 5507). When the previous question is ordered merely on an
    amendment that has not been debated, the 40 minutes are allowed (V,
    5503); but the same liberty of debate is not allowed when the question
    covers both an undebated amendment and the original proposition (V,
    5504). It was also denied on a resolution to correct an error in an
    enrolled bill (V, 5508). The 40 minutes is divided, one half to those
    favoring and the other half to those opposing (V, 5495).
      The <> provisions of the rule define the application of the
    previous question with considerable accuracy. It may not be moved on
    more than one bill, or on motions to agree to a conference report while
    also to dispose of differences not included in the report, except by
    unanimous consent (V, 5461-5465). When ordered on a motion to send to
    conference, it applies to that motion alone and does not extend to a
    subsequent motion to instruct conferees (VIII, 2675). It may apply to
    the main question and a pending motion to refer (V, 5466; VI, 373; VIII,
    2678), or to a pending resolution and a pending amendment thereto (Sept.
    25, 1990, p. 25575; July 16, 1998, p. ----). When a bill is reported
    from the Committee of the Whole with the recommendation that the
    enacting words be stricken out, it may be applied to the motion to
    concur without covering further action on the bill (V, 5342). During
    consideration ``in the House as in Committee of the Whole'' it may be
    demanded while Members still desire to offer amendments (IV, 4926-4929;
    VI, 639), but it may not be moved on a single section of a bill (IV,
    4930). When ordered on a resolution with a preamble there is doubt of
    its application to the preamble, unless the motion specifies (V, 5469,
    5470). It may be moved on a series of resolutions, but this does not
    preclude a division of the resolutions on the vote (V, 5468), although
    where two propositions on which the previous question is moved are
    related, as in the case of a special order reported from the Committee
    on Rules and a pending amendment thereto, a division is not in order
    (Sept. 25, 1990, p. 25575). The previous question is often ordered on
    nondebatable propositions to prevent amendment (V, 5473, 5490), but may
    not be moved on a motion that is both nondebatable and unamendable (IV,
    3077). It applies to questions of privilege as to other questions (II,
    1256; V, 5459, 5460; VIII, 2672).

    [[Page [776]]]

      The <> Member in charge of the bill and having the floor may demand
    the previous question although another Member may propose a motion of
    higher privilege (VIII, 2684), but the motion of higher privilege must
    be put first (V, 5480; VIII, 2609, 2684), and if the Member in charge of
    the bill claims the floor in debate another Member may not demand the
    previous question (II, 1458); but having the floor, unless yielded to
    for debate only, any Member may make the motion although the effect may
    be to deprive the Member in charge of the bill (V, 5476; VIII, 2685).
    The Member who has called up a measure in the House has priority of
    recognition to move the previous question thereon, even over the
    chairman of the reporting committee (Oct. 1, 1986, p. 27468). If, after
    debate, the Member in charge of the bill does not move the previous
    question, another Member may (V, 5475); but where a Member intervenes on
    a pending proceeding to make a preferential motion, such as the motion
    to recede from a disagreement with the Senate, he may not move the
    previous question on that motion as against the rights of the Member in
    charge (II, 1459), and the Member in charge is entitled to recognition
    to move the previous question even after he has surrendered the floor in
    debate (VIII, 2682, 3231). Where a Member controlling the time on a bill
    or resolution in the House yields for the purpose of amendment (or
    offers an amendment himself), another Member may move the previous
    question before the Member offering the amendment is recognized to
    debate it (Deschler, ch. 23, Sec. 18.3; July 24, 1979, p. 20385). Where
    under a rule of the House debate time on a motion or proposition is
    equally divided and controlled by the majority and the minority, or
    between those in favor and those opposed (see, e.g., clauses 2 and 6 of
    rule XV), or where a block of time for debate has been yielded by the
    manager, the previous question may not be moved until the other side has
    used or yielded back its time; and the Chair may vacate the adoption of
    the previous question where it was improperly moved while the other side
    was still seeking time (Oct. 3, 1989, p. 22842). The previous question
    may not be demanded on a proposition against which a point of order is
    pending (VIII, 3433).
      The <> motion to lay on the table may not be applied to the previous
    question (V, 5410, 5411); and it may not be applied to the main question
    after the previous question has been ordered (V, 5415-5422; VIII, 2655),
    or after the yeas and nays have been ordered on the demand for the
    previous question (V, 5408, 5409).
      The motion to postpone may not be applied to the main question after
    the previous question has been ordered (V, 5319-5321; VIII, 2617). The
    previous question may be applied both to the main question and a pending
    motion to refer (V, 5342; VI, 373). The motion to adjourn is not
    available when the previous question has been ordered by special rule to
    final passage without intervening motion (IV, 3211-3213, June 14, 2001,
    p. ----; Apr. 18, 2002, p. ----).

    [[Page [777]]]

      Although <> this clause allows 40 minutes of debate when the
    previous question is ordered on a proposition on which there has been no
    debate (V, 6821; Mar. 22, 1990, p. 4996), any previous debate on the
    merits of the main proposition precludes the 40 minutes (V, 5499-5502).
    The demand for 40 minutes of debate must come before the vote is taken
    on the main question (V, 5496). It is not available: (1) when the
    question on which the previous question is ordered is otherwise
    nondebatable, such as the motion to close debate (VIII, 2555, 2690); (2)
    on an undebated amendment where the motion for the previous question
    covers both the amendment and the original proposition, which has been
    debated (V, 5504); (3) on incidental motions (V, 5497-5498), (4) on
    propositions previously debated in Committee of the Whole (V, 5505); (5)
    on conference reports accompanying measures that were debated before
    being sent to conference (V, 5506-5507), or (6) on ancillary measures,
    such as a concurrent resolution to correct an enrolled bill (V, 5508).
    Debate allowed under this provision is equally divided and controlled
    between the person demanding the time and a Member representing the
    opposition (Sept. 13, 1965, pp. 23602-06; May 8, 1985, p. 11073).
    Priority in recognition for time in opposition is accorded to a Member
    truly opposed (VIII, 2689).

      (b) <> Incidental questions of order arising during the
    pendency of a motion for the previous question shall be decided, whether
    on appeal or otherwise, without debate.

      This provision was adopted in 1837 to prevent delay by debate on
    points of order after the demand for the previous question (V, 5448).
    Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 3 of rule XVII (H. Res. 5, Jan. 6,
    1999, p. ----). Under the present practice, the Chair may recognize and
    respond to a parliamentary inquiry although the previous question may
    have been demanded (Mar. 27, 1926, p. 6469).
      A question of privilege relating to the integrity of action of the
    House itself has been distinguished from ordinary questions of order and
    has been thrown open to debate after the ordering of the previous
    question (III, 2532).

    Recommit
      2. (a) <> After the previous question has been
    ordered on passage or adoption of a measure, or pending a motion to that
    end, it shall be in order to move that the

    [[Page [778]]]

    House recommit (or commit, as the case may be) the measure, with or
    without instructions, to a standing or select committee. For such a
    motion to recommit, the Speaker shall give preference in recognition to
    a Member, Delegate, or Resident Commissioner who is opposed to the
    measure.
      (b) Except as provided in paragraph (c), if a motion that the House
    recommit a bill or joint resolution on which the previous question has
    been ordered to passage includes instructions, it shall be debatable for
    10 minutes equally divided between the proponent and an opponent.
      (c) On demand of the floor manager for the majority, it shall be in
    order to debate the motion for one hour equally divided and controlled
    by the proponent and an opponent.

      The motion to commit or recommit described in paragraph (a) was added
    to the previous question rule (former clause 1 of rule XVII) in 1880 (V,
    5443). The portion of paragraph (a) that gives preference in recognition
    to one opposed to the measure was added to former clause 4 of rule XVI
    in the 61st Congress (Mar. 15, 1909, pp. 22-34). Paragraphs (b) and (c),
    relating to debate on the motion to recommit with instructions were
    added to former clause 4 of rule XVI by section 123 of the Legislative
    Reorganization Act of 1970 and made a part of the standing rules in the
    92d Congress (H. Res. 5, Jan. 21, 1971, p. 14). That provision was also
    amended in the 99th Congress to provide that on the demand of the
    majority floor manager of a bill or joint resolution, the 10 minutes of
    debate on a motion to recommit with instructions, the previous question
    having been ordered, may be extended to one hour, equally divided and
    controlled (H. Res. 7, Jan. 3, 1985, p. 393). When the House recodified
    its rules in the 106th Congress, it consolidated the last sentence of
    former clause 1 of rule XVII and provisions of former clause 4 of rule
    XVI, addressing the motion to recommit, under this clause (H. Res. 5,
    Jan. 6, 1999, p. ----). For a general discussion of the motion to refer
    see Sec. 916, supra.
      The <> motion to commit under
    this rule applies to resolutions of the House alone as well as to bills
    (V, 5572, 5573; VIII, 2742), and to a motion to amend the Journal (V,
    5574). It does not apply to a report from the Committee on Rules pro

    [[Page [779]]]

    viding a special order of business (V, 5593-5601; VIII, 2270, 2750), or
    to a pending amendment to a proposition in the House (V, 5573). A motion
    to commit under this clause, with instructions to report forthwith with
    an amendment, has been allowed after the previous question has been
    ordered on a motion to dispose of Senate amendments before the stage of
    disagreement (V, 5575; VIII, 2744, 2745). However, a motion to commit
    under this clause does not apply to a motion disposing of Senate
    amendments after the stage of disagreement where utilized to displace a
    pending preferential motion (Speaker Albert, Sept. 16, 1976, p. 30887).
      The motion to commit may be made pending the demand for the previous
    question on passage (or adoption), whether a bill or resolution is under
    consideration (V, 5576). However, when the demand covers all stages of
    the bill to passage, the motion to commit is made only after the third
    reading and is not in order pending the demand or before third reading
    (V, 5578-5581). When separate motions for the previous question are
    made, respectively, on the third reading and on passage of a bill, the
    motion to commit should be made only after the previous question is
    ordered on passage (V, 5577). When the House refuses to order a bill to
    be engrossed and read a third time, the motion to commit may not be made
    (V, 5602, 5603). When the previous question has been ordered on a simple
    resolution (as distinguished from a joint resolution) and a pending
    amendment, the motion to commit should be made after the vote on the
    amendment (V, 5585-5588). A motion to commit has been entertained after
    ordering of the previous question even before the adoption of rules at
    the beginning of a Congress (VIII, 2755; Jan. 5, 1981, p. 111).
      When a special order declares that at a certain time the previous
    question shall be considered as ordered on a bill to the final passage,
    it has usually, but not always, been held that a motion to commit is
    precluded (IV, 3207-3209). Under clause 6(c) of rule XIII (former clause
    4(b) of rule XI) the Committee on Rules is prohibited from reporting
    such special order that precludes the motion to recommit in clause 2 of
    rule XIX (VIII, 2260, 2262-2264; see also Sec. 1001, supra). That
    provision was amended in the 104th Congress to further prohibit the
    Committee on Rules from denying the Minority Leader or his designee the
    right to include proper amendatory instructions in a motion to recommit
    except with respect to a Senate measure for which the text of a House-
    passed measure has been substituted (sec. 210, H. Res. 6, Jan. 4, 1995,
    p. 460). Where a special order providing for consideration of a matter
    in the House provides that the previous question shall be considered as
    ordered thereon without intervening motion and does not simply state
    that the previous question be considered as ordered after debate, the
    previous question is considered as ordered from the beginning of the
    debate, precluding the consideration of any intervening motion (Mar. 12,
    1980, pp. 5387-93; June 14, 2001, p. ----).
      Where a bill is recommitted under this motion the previous question
    being pending but not ordered on final passage and, having been reported
    again, is again amended and subjected to the previous question, another

    [[Page [780]]]

    motion to commit is in order after the engrossment and third reading (V,
    5591).
      When <> the previous
    question is ordered on a bill to final passage, debate on a straight
    motion to recommit under this clause is no longer in order and only a
    motion to recommit with instructions is debatable for the 10 minutes
    specified in the rule (June 22, 1995, p. 16844). Prior to the amendment
    of this clause in the 92d Congress, no debate was permitted on a motion
    to recommit with instructions after the previous question was ordered
    (V, 5561, 5582-5584; VIII, 2741). The 10 minutes of debate provided
    under this clause on motions to recommit with instructions does not
    apply to a motion to recommit with instructions of a simple or
    concurrent resolution or conference report, since the clause limits its
    applicability to bills and joint resolutions (Nov. 15, 1973, p. 37151;
    Mar. 29, 1976, p. 8444; Speaker O'Neill, June 19, 1986, p. 14698). The
    manager of a bill or joint resolution, if opposed, and not the proponent
    of a motion to recommit with instructions has the right to close
    controlled debate on a motion to recommit (Speaker Wright, Dec. 3, 1987,
    p. 34066). The Member recognized for five minutes in favor of the motion
    may not reserve time (Speaker Wright, June 29, 1988, p. 16510; June 29,
    1989, p. 13938). Although time for debate on a motion to recommit with
    instructions is not ``controlled,'' and therefore Members may not
    reserve or yield blocks of time, a Member under recognition may yield to
    another while remaining on his feet (Feb. 27, 2002, p. ----).
      Although the ordering of the previous question on a bill and all
    amendments to final passage precludes debate (other than that specified
    in clause 2 of rule XIX) on a motion to recommit, it does not exclude
    amendments to such motion (V, 5582; VIII, 2741); and, unless the
    previous question is ordered on a motion to recommit with instructions,
    the motion is open to amendment germane to the bill (see V, 6888; VIII,
    2711). An amendment to a motion to recommit is read in full (unless the
    reading is dispensed with by unanimous consent) (Feb. 27, 2002, p. ----
    ). An amendment to a motion to recommit is not debatable (Feb. 27, 2002,
    p. ----). An amendment striking out all of the proposed instructions and
    substituting others cannot be ruled out as interfering with the right of
    the minority to move recommitment (VIII, 2698, 2759). The Member
    offering a motion to recommit a bill with instructions may, at the
    conclusion of the 10 minutes of debate thereon, yield to another Member
    to offer an amendment to the motion if the previous question has not
    been ordered on the motion to recommit (Speaker Albert, July 19, 1973,
    p. 24967).
      The motion may be withdrawn in the House at any time before action or
    decision thereon (VIII, 2764). The motion may not be laid on the table
    after the previous question has been ordered (V, 5412-5414).

    [[Page [781]]]

      The <> simple motion to
    recommit and the motion to recommit with instructions are of equal
    privilege and have no relative precedence (VIII, 2714, 2758, 2762; Nov.
    25, 1970, p. 38997). It has been a practice to permit a motion to
    recommit with instructions that the committee report ``forthwith,'' in
    which case the chairman makes report at once without awaiting action by
    the committee (V, 5545-5547; VIII, 2730), and the bill is before the
    House for immediate consideration (V, 5550; VIII, 2735).
      It is not in order to propose as instructions anything that might not
    be proposed directly as an amendment such as: (1) to propose an
    amendment that is not germane (V, 5529-5541, 5834, 5889; VIII, 2705,
    2707, 2708); (2) to amend or eliminate an amendment adopted by the House
    (unless permitted by special order) (V, 5531; VIII, 2712, 2714, 2715,
    2720-2724); (3) to propose an amendment in violation of clauses 2, 4, or
    5 of rule XXI (V, 5533-5540; Sept. 1, 1976, p. 28883; Sept. 19, 1983, p.
    24646; Speaker Foley, Aug. 1, 1989, p. 17159, and Aug. 3, 1989, p.
    18546, each time sustained by tabling of appeal; July 1, 1992, p. 17294;
    June 22, 1995, p. 16844); or (4) to change the Rules of the House by
    authorizing a committee to report at any time (V, 5543) or directing a
    committee to report by a date certain (V, 5549). However, it has been
    held in order to reoffer an amendment rejected by the House (VIII,
    2728). A waiver of all points of order against consideration of a bill
    does not inure to the motion to recommit (May 9, 2003, p. ----).
      Where a special rule providing for the consideration of a bill
    prohibited the offering of amendments to a certain title of the bill (at
    any point during consideration), it was held not in order to offer a
    motion to recommit with instructions to amend the restricted title (Jan.
    11, 1934, pp. 479-83). However, that precedent should be read in light
    of clause 6(c)(2) of rule XIII, which precludes the Rules Committee from
    reporting a rule that would prevent a motion to recommit from including
    amendatory instructions (see Sec. 857, supra).
      In cases where amendatory instructions are not in order, the motion
    has directed a committee to study an issue and to report ``promptly''
    its recommendations (Mar. 29, 1990, p. 1834). Instructions must be
    germane to the bill regardless of whether they directly propose an
    amendment thereto (Sept. 23, 1992, p. 27178). Unlike the case of a
    motion to recommit with instructions to report back ``forthwith'' (the
    adoption of which occasions an immediate report on the floor), the
    adoption of a motion to recommit with instructions to report back
    ``promptly'' sends the bill to committee, whose eventual report (if any)
    would not be immediately before the House (Deschler, ch. 23, Sec. 32.25;
    May 24, 2000, p. ----).
      Only one motion to commit is in order (V, 5577, 5582, 5585; VIII,
    2763). If one motion to recommit is ruled out, a proper motion is
    admissible (VIII, 2736, 2760, 2761, 2763). Similarly, if the House votes
    pursuant to section 426(b)(3) of the Congressional Budget Act of 1974
    not to consider a motion to recommit against which a Member has made a
    point of order under

    [[Page [782]]]

    section 425(a) of that Act, a proper motion to recommit remains
    available (Mar. 28, 1996, p. 6932).
      When a bill is recommitted, it is before the committee as a new
    subject (IV, 4557; V, 5558), but the committee must confine itself to
    the instructions if there be any (IV, 4404; V, 5526). Where the House
    has recommitted a bill to a committee with instructions to report it
    back forthwith with certain amendments, the amendments must be adopted
    by the House after the report by the committee (VIII, 2734).
      The motion to recommit may not be accompanied by preamble or otherwise
    include argument, explanation, or other matter in the nature of debate
    (V, 5589; VIII, 2749). Thus, a motion to recommit a bill to a standing
    committee with recommendations for producing legislation that the
    President could sign was held inadmissible in both form and content
    (Feb. 27, 1992, p. 3778).
      Before <> former
    clause 4 of rule XVI was amended in 1909 to give priority in recognition
    for the motion to recommit to an opponent of a bill or joint resolution
    pending final passage, it was held that the opponents of a bill had no
    claim to prior recognition (II, 1456). Although the provision as amended
    in 1909 applied only to bills and joint resolutions, the principle
    embodied in that provision was applied also to motions to recommit
    simple or concurrent resolutions or conference reports under former
    clause 1 of rule XVII (VIII, 2764; Nov. 28, 1979, p. 33914). When the
    House consolidated the last sentence of former clause 1 of rule XVII and
    provisions of former clause 4 of rule XVI, addressing the motion to
    recommit, under this clause (H. Res. 5, Jan. 6, 1999, p. ----), the
    sentence conferring prior recognition to the opposition was formally
    applied to all measures. However, precedents under former clause 1 of
    rule XVII still dictate that recognition to offer a motion to commit a
    resolution offered from the floor as a privileged matter without having
    been referred to committee does not depend on opposition to the
    resolution or on party affiliation (Speaker Albert, Feb. 19, 1976, p.
    3920).
      When applying this rule the Speaker looks first to the Minority Leader
    or his designee (as imputed by the form of former clause 4(b) of rule XI
    adopted in the 104th Congress (current clause 6(c) of rule XIII)). If
    the Minority Leader is not seeking recognition, the Speaker looks to
    minority members of the committee reporting the bill, in order of their
    rank on the committee (Speaker Garner, Jan. 6, 1932, p. 1396; Speaker
    Byrns, July 2, 1935, p. 10638), then to other Members on the minority
    side (Speaker Rayburn, Aug. 16, 1950, p. 12608). Until a qualifying
    minority Member has had his motion read by the Clerk, he is not entitled
    to the floor so as to prevent another, senior qualifying minority member
    from the reporting committee from seeking recognition to offer the
    motion to recommit (Speaker O'Neill, Apr. 24, 1979, p. 8360). If no
    Member of the minority qualifies, a majority Member who is opposed to
    the bill may be recognized (Speaker Garner, Apr. 1, 1932, p. 7327). The
    Chair does not assess the

    [[Page [783]]]

    degree of a Member's opposition (Oct. 23, 1991, p. 28258). A Member who
    is opposed to the bill ``in its present form'' (i.e., in the form before
    the House when the motion is made) qualifies to offer the motion
    (Speaker Martin, Apr. 15, 1948, p. 4547; Speaker McCormack, Mar. 12,
    1964, p. 5147). The priority of recognition of a Member of the minority
    who is opposed is not diminished by the fact that the minority party may
    have successfully led the opposition to the previous question on the
    special order governing consideration of the bill and offered a
    ``modified-closed'' rule permitting only minority Members to offer
    perfecting amendments to the majority text (June 26, 1981, p. 14740).
    However, although the motion to recommit is the prerogative of the
    minority if opposed, a Member who in the Speaker's determination led the
    opposition to the previous question on the motion to recommit, such as
    the chairman of the committee reporting the bill, is entitled to offer
    an amendment to the motion to recommit, regardless of party affiliation
    (June 26, 1981, pp. 14791-93). The right to offer a motion to recommit a
    House bill with a Senate amendment belongs to a Member who is opposed to
    the whole bill in preference to a Member who is merely opposed to the
    Senate amendment (VIII, 2772). Where the previous question has been
    ordered on both the pending resolution and its preamble, a Member may
    qualify to offer a motion to recommit on the basis of his opposition to
    the preamble, even though it is not otherwise subject to separate vote
    or amendment (Feb. 12, 1998, p. ----). A Member rising in opposition to
    a motion to recommit must likewise qualify as opposed to the motion
    (Apr. 29, 1999, p. ----).

    Reconsideration
      3. <> When a motion has been
    carried or lost, it shall be in order on the same or succeeding day for
    a Member on the prevailing side of the question to enter a motion for
    the reconsideration thereof. The entry of such a motion shall take
    precedence over all other questions except the consideration of a
    conference report or a motion to adjourn, and may not be withdrawn after
    such succeeding day without the consent of the House. Once entered, a
    motion may be called up for consideration by any Member. During the last
    six days of a session of Congress, such a motion shall be disposed of
    when entered.

    [[Page [784]]]

      The motion to reconsider used in the Continental Congress and in the
    House of Representatives from its first organization, in 1789, was first
    made the subject of a rule in 1802; and at various times this rule has
    been perfected by amendments (V, 5605). Before the House recodified its
    rules in the 106th Congress, this provision was found in former clause 1
    of rule XVIII (H. Res. 5, Jan. 6, 1999, p. ----).
      The motion is not used in Committee of the Whole (IV, 4716-4718; VIII,
    2324, 2325), but is in order in the House as in Committee of the Whole
    (VIII, 2793). It is not in order in the House during the absence of a
    quorum when the vote proposed to be reconsidered requires a quorum (V,
    5606). However, on votes incident to a call of the House the motion to
    reconsider may be entertained and also laid on the table, although a
    quorum may not be present (V, 5607, 5608).
      The <> mover of a
    proposition is entitled to prior recognition to move to reconsider (II,
    1454). A Member may make the motion at any time without thereby
    abandoning a prior motion made by himself and pending (V, 5610). A
    Delegate or the Resident Commissioner may not make the motion in the
    House (rule III; II, 1292; VI, 240). The provision of the rule that the
    motion may be made by any Member of the majority is construed, in case
    of a tie vote, to mean any Member of the prevailing side (V, 5615,
    5616), and the same construction applies in case of a two-thirds vote
    (II, 1656; V, 5617, 5618; VIII, 2778-2780). Where the yeas and nays have
    not been ordered recorded in the Journal, any Member, irrespective of
    whether he voted with the majority or not, may make the motion to
    reconsider (V, 5611-5613, 5689; VIII, 2775, 2785; Sept. 23, 1992, p.
    27196); but a Member who was absent (V, 5619), or who was paired in
    favor of the majority contention and did not vote, may not make the
    motion (V, 5614; VIII, 2774). When proxy voting was permitted in
    committee, it was generally held that a member who was not present at a
    vote, but cast his vote by proxy, did not qualify to make the motion to
    reconsider thereon. Any Member may object to the Chair's statement that
    by unanimous consent the motion to reconsider a vote is laid on the
    table, and the objecting Member need not have voted on the prevailing
    side, but if objection is made, the Chair's statement is ineffective and
    only a Member who voted on the prevailing side may offer the motion to
    reconsider the vote (Aug. 15, 1986, p. 22139). The Chair, having voted
    on the prevailing side, may offer the motion to reconsider by stating
    the pendency of the motion (Oct. 9, 1997, p. ----).
      The <> precedence given the motion by the rule permits it to be
    made even after the previous question has been demanded (V, 5656) or
    while it is operating (V, 5657-5662; VIII, 2784). The motion to
    reconsider the vote on the engrossment of a bill may be admitted after
    the previous question has been moved on a motion to postpone (V, 5663),
    and a motion to reconsider the vote on the third reading may be made and
    acted on after a motion for the previous question on the passage has
    been made

    [[Page [785]]]

    (V, 5656). It also takes precedence of the motion to go into Committee
    of the Whole to consider an appropriation bill (VIII, 2785), or even of
    a demand that the House return to committee after the appearance of a
    quorum (IV, 3087). However, in a case wherein the House had passed a
    bill and disposed of a motion to reconsider the vote on its passage, it
    was held to be too late to reconsider the vote sustaining the decision
    of the Chair which brought the bill before the House (V, 5652), and that
    a motion to vacate those proceedings was not in order (Speaker O'Neill,
    Dec. 17, 1985, pp. 37472-74). After a conference has been agreed to and
    the managers for the House appointed, it is too late to move to
    reconsider the vote whereby the House acted on the amendments in
    disagreement (V, 5664). Although the motion has high privilege for
    entry, it may not be considered while another question is before the
    House (V, 5673-5676; July 2, 1980, p. 18354), or while the House is
    dividing (VIII, 2791). A motion to reconsider a secondary motion to
    postpone that has previously been offered and rejected is highly
    privileged, even after the manager of the main proposition has yielded
    time to another Member and before that Member has begun his remarks (May
    29, 1980, p. 12663). When it relates to a bill belonging to a particular
    class of business, consideration of the motion is in order only when
    that class of business is in order (V, 5677-5681; VIII, 2786). It may
    then be called up at any time; but is not the regular order until called
    up (V, 5682; VIII, 2785, 2786). When once entered it may remain pending
    indefinitely, even until a succeeding session of the same Congress (V,
    5684). The motion to reconsider is subject to the question of
    consideration (VIII, 2437), and may be laid on the table (VIII, 2652,
    2659). The motion to reconsider an action taken on a bill on Tuesday may
    be entered but may not be considered on Calendar Wednesday (VII, 905).
      The motion to reconsider is in order in the procedure of standing
    committees and may be made on the same day on which the action is taken
    to which it is proposed to be applied, or on the next day thereafter on
    which the committee convenes with a quorum present at a properly
    scheduled meeting at which business of that class is in order (VIII,
    2213). In a committee reconsideration of an amendment may require that
    the motion to report first be reconsidered, and then the ordering of the
    previous question on the measure, before a motion can be offered to
    reconsider the amendment (Cf. VIII, 2789).
      A <> motion
    to reconsider may be entertained, although the bill or resolution to
    which it applies may have gone to the other House or the President (V,
    5666-5668). However, unanimous consent is required to initiate
    reconsideration of a measure passed by both Houses (IV, 3466-3469). The
    Senate may not reconsider the confirmation of a nomination after a
    commission has been issued by the President to a nominee and the latter
    has taken the oath and entered upon the duties of his office (U.S. v.
    Smith, 286 U.S. 6 (1932)). The fact that the House had informed the
    Senate that it had agreed to a Senate amendment to a House bill was held
    not to

    [[Page [786]]]

    prevent a motion to reconsider the vote on agreeing (V, 5672). When a
    motion is made to reconsider a vote on a bill that has gone to the
    Senate, a motion to recall the bill is privileged (V, 5669-5671). The
    motion to reconsider may be applied once only to a vote ordering the
    previous question (V, 5655; VIII, 2790), and may not be applied to a
    vote ordering the previous question that has been partially executed (V,
    5653, 5654); but a vote agreeing to an order of the House has been
    reconsidered, although the execution of the order had begun (III, 2028;
    V, 5665). The vote ordering the previous question on a special order
    reported from the Committee on Rules may be reconsidered and is not
    dilatory under clause 6(b) of rule XIII (former clause 4(b) of rule XI)
    (Sept. 25, 1990, p. 25575).
      The motion may not be applied to negative votes on motions to adjourn
    (V, 5620-5622), or for a recess (V, 5625), or to go into Committee of
    the Whole (V, 5641). The motion to reconsider may be applied however to
    an affirmative vote on the motion to resolve into the Committee of the
    Whole while the Speaker is still in the chair (V, 5368; Apr. 20, 1978,
    p. 10990). A motion to reconsider the vote by which the House had
    decided a question of parliamentary procedure was held not to be in
    order (VIII, 2776). Motions to reconsider negative votes on motions to
    fix the day to which the House shall adjourn have been the subject of
    conflicting rulings (V, 5623, 5624). It is in order to reconsider a vote
    postponing a bill to a day certain (V, 5643; May 29, 1980, p. 12663). It
    is not in order to reconsider a negative decision of the question of
    consideration (V, 5626, 5627), although it is in order to reconsider an
    affirmative vote on the question of consideration (Oct. 4, 1994, p.
    27644). It is not in order to reconsider a negative vote on the motion
    to suspend the rules (V, 5645, 5646; VIII, 2781; Sept. 28, 1996, p.
    25796), although it is in order to reconsider an affirmative vote on
    that motion (Sept. 28, 1996, p. 25795). It is not in order to reconsider
    a vote on reconsideration of a bill returned with the objections of the
    President (VIII, 2778). A vote whereby a second is ordered may be
    reconsidered (V, 5642). The motion to reconsider a vote on a proposition
    having been once agreed to, and the said vote having again been taken, a
    second motion to reconsider may not be made unless the nature of the
    proposition has been changed by amendment (V, 5685-5688; VIII, 2788;
    Sept. 20, 1979, p. 25512). After disposition of a conference report and
    amendments reported from conference in disagreement, it is in order on
    the same day to move to reconsider the vote on a motion disposing of one
    of the amendments; but laying on the table a motion to reconsider the
    vote whereby the House has amended a Senate amendment does not preclude
    the House from acting on a subsequent Senate amendment to that House
    amendment, or considering any other proper motion to dispose of an
    amendment that might remain in disagreement after further Senate action
    (Oct. 5, 1983, p. 27323). For a discussion of the application of the
    motion to reconsider in committees, see Sec. 416, supra.

    [[Page [787]]]

      A <> bill is not
    considered passed or an amendment agreed to if a motion to reconsider is
    pending, the effect of the motion being to suspend the original
    proposition (V, 5704); and the Speaker declines to sign an enrolled bill
    until a pending motion to reconsider has been disposed of (V, 5705).
    However, when the Congress expires leaving undisposed a motion to
    reconsider the vote whereby a simple resolution of the House has been
    agreed to, it is probable that the resolution would be operative; and
    where a bill has been enrolled, signed by the Speaker, and approved by
    the President, it is undoubtedly a law, even though a motion to
    reconsider may not have been disposed of (V, 5704, note). A Member-elect
    may not take the oath until a motion to reconsider the vote determining
    his title is disposed of (I, 335); but when, in such a case, the motion
    is disposed of, the right to be sworn is complete (I, 622). When the
    motion to reconsider is decided in the affirmative the question
    immediately recurs on the question reconsidered (V, 5703). When a vote
    whereby an amendment has been agreed to is reconsidered the amendment
    becomes simply a pending amendment (V, 5704). When the vote ordering the
    previous question is reconsidered, it is in order to withdraw the motion
    for the previous question, the ``decision'' having been nullified (V,
    5357). When the previous question has been ordered on a series of
    motions and its force has not been exhausted, the reconsideration of the
    vote on one of the motions does not throw it open to debate (V, 5493).
    Under the earlier practice, when a vote taken under the operation of the
    previous question was reconsidered, the main question stood divested of
    the previous question, and was debatable and amendable without
    reconsideration separately of the motion for the previous question (V,
    5491-5492, 5700). However, under the modern practice, where the House
    adopts a motion to reconsider a vote on a question on which the previous
    question has been ordered, the question to be reconsidered is neither
    debatable nor amendable (unless the vote on the previous question is
    separately reconsidered) (July 2, 1980, p. 18355). It is in order to
    move to reconsider the ordering of the yeas and nays on a question
    before the question has been finally decided (V, 5689-5691, 6029; VIII,
    2790; Sept. 24, 1997, p. ----); but where the House had voted to
    reconsider the vote whereby it had rejected a bill but had not
    separately reconsidered the ordering of a recorded vote, the Speaker put
    the question de novo and entertained a new demand for a recorded vote
    (Sept. 20, 1979, p. 25512).
      The <> motion
    to reconsider is agreed to by majority vote, even when the vote
    reconsidered requires two-thirds for affirmative action (II, 1656; V,
    5617, 5618; VIII, 2795), or when only one-fifth is required for
    affirmative action, as in votes ordering the yeas and nays (V, 5689-
    5692, 6029; VIII, 2790). However, one motion to reconsider the yeas and
    nays having been acted on, another motion to reconsider is not in order
    (V, 6037).

    [[Page [788]]]

      A <> vote on the motion to lay on the table may
    be reconsidered whether the decision be in the affirmative (V, 5628,
    5695, 6288; VIII, 2785) or in the negative (V, 5629). It is in order to
    reconsider the vote laying an appeal on the table (V, 5630), although
    during proceedings under a call of the House this motion was once ruled
    out (V, 5631). The motion to reconsider may not be applied to the vote
    whereby the House has laid another motion to reconsider on the table (V,
    5632-5640; June 20, 1967, p. 16497); and a motion to reconsider may be
    laid on the table only before the Chair has put the question on the
    motion to a vote (Sept. 20, 1979, p. 25512).
      A <> motion to
    reconsider is debatable only if the motion proposed to be reconsidered
    was debatable (V, 5694-5699; VIII, 2437, 2792; Sept. 13, 1965, p.
    23608); so the motion to reconsider a vote ordering the previous
    question is not debatable (Sept. 25, 1990, p. 25575) and the application
    of the previous question makes a motion to reconsider nondebatable (V,
    5701; VIII, 2792; Sept. 20, 1979, p. 25512; July 2, 1980, p. 18355).
    Where a resolution providing for the order of business was agreed to
    without adoption of the previous question, the Speaker advised that a
    motion to reconsider would be debatable and that the Member moving the
    reconsideration would be recognized to control the one hour of debate
    (Speaker McCormack, Sept. 13, 1965, p. 23608).

      4. <> A bill, petition, memorial, or resolution referred to a
    committee, or reported therefrom for printing and recommitment, may not
    be brought back to the House on a motion to reconsider.

      This clause (former clause 2 of rule XVIII) was first adopted in 1860,
    and amended in 1872, to prevent a practice of using the privilege of the
    motion to reconsider to secure consideration of bills otherwise not in
    order (V, 5647). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 2 of rule XVIII, and
    in recodification a provision requiring written reports was deleted as
    redundant of the requirement contained in clause 2 of rule XIII (H. Res.
    5, Jan. 6, 1999, p. ----). There is a question as to whether or not the
    rule applies to a case wherein the House, after considering a bill,
    recommits it (V, 5648-5650). After a committee has reported a bill it is
    too late to reconsider the vote by which it was referred (V, 5651).

    [[Page [789]]]

    [DOCID:hd284-125]
                                     Rule XX

    [DOCID:hd284-126]
                             voting and quorum calls

      1. (a) <> The House shall divide after the Speaker has put a question to
    a vote by voice as provided in clause 6 of rule I if the Speaker is in
    doubt or division is demanded. Those in favor of the question shall
    first rise from their seats to be counted, and then those opposed.
      (b) If a Member, Delegate, or Resident Commissioner requests a
    recorded vote, and that request is supported by at least one-fifth of a
    quorum, the vote shall be taken by electronic device unless the Speaker
    invokes another procedure for recording votes provided in this rule. A
    recorded vote taken in the House under this paragraph shall be
    considered a vote by the yeas and nays.

      This provision (former clause 5(a) of rule I) was adopted in 1789 and
    its present form reflects the revisions and amendments of 1860, 1880
    (II, 1311), 1972 (H. Res. 1123, Oct. 13, 1972, pp. 36005-08), and 1993
    (H. Res. 5, Jan. 5, 1993, p. 49). From January 22, 1971 (when H. Res. 5
    of the 92d Congress was adopted incorporating provisions in the
    Legislative Reorganization Act of 1970, 84 Stat. 1140), until October
    13, 1972, this rule provided a two-step procedure for ordering ``tellers
    with clerks'' prior to installation of the electronic voting system, and
    for the first time permitted Members to be recorded on votes in
    Committee of the Whole. The last two sentences of this paragraph
    permitting a single-step ``recorded vote'' and voting by means of
    electronic device installed in the Chamber in 1972, were contained in a
    House resolution adopted on October 13, 1972, and were made effective by
    adoption of the rules of the 93d Congress (H. Res. 6, Jan. 3, 1973, p.
    26). The general provision for demanding a vote by tellers was repealed
    in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. 49). The provision
    providing that a recorded vote taken pursuant thereto shall be
    considered a vote by the yeas and nays was added in the 105th Congress
    (H. Res. 5, Jan. 7, 1997, p. 121). Before the House recodified

    [[Page [790]]]

    its rules in the 106th Congress, this provision was found in former
    clause 5(a) of rule I (H. Res. 5, Jan. 6, 1999, p. ----).
      The former right to demand tellers was not precluded by the fact that
    the yeas and nays had been refused (V, 5998; VIII, 3103), that a point
    of no quorum had been made against a division vote on the question on
    which tellers were requested (VIII, 3104), by a point of no quorum and a
    call of the House following a division vote on the question on which
    tellers were demanded (Sept. 25, 1969, p. 27041), or by the intervention
    of a quorum call following the refusal of the Committee of the Whole to
    order a recorded vote (Feb. 27, 1974, p. 4447).
      One of the suppositions on which parliamentary law is founded is that
    the Speaker will not betray his duty to make an honest count on a
    division (V, 6002) and the integrity of the Chair in counting a vote
    should not be questioned in the House (VIII, 3115; July 11, 1985, p.
    18550). A vote by division takes no cognizance of Members present but
    not voting, and consequently the number of votes counted by division has
    no tendency to establish a lack of a quorum (June 29, 1988, p. 16504).
    Only one demand for a vote by division on a pending question is in order
    (July 26, 1984, p. 21259; June 29, 1994, p. 15206). However, where a
    division vote is demanded on a proposition in the House and the vote
    thereon is then postponed pursuant to paragraph (b) of this clause, a
    division may again be demanded when the question is put de novo on the
    proposition as unfinished business (since a demand for a division may be
    made by any Member) (Mar. 18, 1980, p. 5739).
      In a full House (total membership of 435), a recorded vote is ordered
    by one-fifth of a quorum (44), but in Committee of the Whole a recorded
    vote is ordered by 25 (clause 6(e) of rule XVIII), rather than 20 in
    both cases as in prior practice (V, 5986; Dec. 20, 1974, p. 41793). The
    Chair's count of Members demanding a recorded vote is not appealable
    (June 24, 1976, p. 20390).
      Only one request for a recorded vote on a pending question is in order
    (Jan. 21, 1976, p. 508). The request may not be renewed where the
    absence of a quorum is disclosed immediately following the refusal to
    order a recorded vote (June 6, 1979, p. 13648; Oct. 25, 1983, p. 29227).
    However, while a request for a recorded vote once denied may not be
    renewed, the request remains pending where the Chair interrupts the
    count of Members standing in favor of the request in order to count for
    a quorum pursuant to a point of order that a quorum is not present (Aug.
    5, 1982, pp. 19658, 19659; July 22, 2003, p. ----). A recorded vote may
    be had in the House on a separate vote on an amendment adopted in the
    Committee of the Whole on which a recorded vote had been refused (May
    13, 1998, p. ----). A demand for the yeas and nays if refused by the
    House may not be renewed, even when the question is put de novo as
    unfinished business (Deschler-Brown, ch. 30, Sec. 55.5.
      A demand for a recorded vote cannot interrupt a vote by division which
    is in progress (June 10, 1975, p. 18048). Where both a division vote and

    [[Page [791]]]

    a recorded vote are requested, the Chair will count for a recorded vote
    (July 22, 2003, p. ----). Recognition by the Chair for a parliamentary
    inquiry, or remarks uttered without recognition, immediately following
    the Chair's announcement of a voice vote on an amendment is not such
    intervening business as to prevent a demand for a recorded vote thereon
    where the Chair has not announced the final disposition of the amendment
    (May 23, 1984, p. 13928; July 26, 1984, p. 21249; June 10, 1998, p. ----
    ).
      Under <> the precedents recorded before the abolition of tellers, it was
    the duty of the Member to serve as teller when appointed by the Chair
    (V, 5987); but when Members of one side had declined, the second teller
    was appointed from the other side (V, 5988) or the position was left
    vacant (V, 5989). A Delegate could have been appointed teller (II,
    1302). Where there was doubt as to the count by tellers, the Chair could
    have ordered the vote taken again (V, 5991; July 19, 1946, p. 9466), but
    this must have been done before the result was announced (V, 5993-5995;
    VIII, 3098). The Chair could have been counted without passing between
    the tellers (V, 5996, 5997; VIII, 3100, 3101).

      (c) In case of a tie vote, a question shall be lost.

      This provision was adopted in 1789. Before the House recodified its
    rules in the 106th Congress, it was found in former clause 6 of rule I
    (H. Res. 5, Jan. 6, 1999, p. ----).

      2. (a) <> Unless the Speaker directs otherwise, the Clerk shall
    conduct a record vote or quorum call by electronic device. In such a
    case the Clerk shall enter on the Journal and publish in the
    Congressional Record, in alphabetical order in each category, the names
    of Members recorded as voting in the affirmative, the names of Members
    recorded as voting in the negative, and the names of Members answering
    present as if they had been called in the manner provided in clause 3.
    Except as otherwise permitted under clause 8 or 9 of this rule or under
    clause 6 of rule XVIII, the minimum time for a record vote

    [[Page [792]]]

    or quorum call by electronic device shall be 15 minutes.

      The permissive use of an electronic voting system was incorporated in
    the Legislative Reorganization Act of 1970 (sec. 121; 84 Stat. 1140) and
    was made a part of the standing rules in the 92d Congress (H. Res. 5,
    Jan. 22, 1971, p. 144). The clause in its essential form was adopted the
    next year (former clause 5(a) of rule XV) (H. Res. 1123, Oct. 13, 1972,
    p. 36012). A technical correction to paragraph (a) was effected in the
    108th Congress (sec. 2(u), H. Res. 5, Jan. 7, 2003, p. ----). The
    electronic system was first utilized in the House on January 23, 1973
    (p. 1793).
      A request that the voting display be turned on during debate is not in
    order (Oct. 12, 1998, p. ----).
      The Speaker inserted in the Record a detailed statement describing
    procedures to be followed during votes and quorum calls by electronic
    device and by the backup procedures therefor (Jan. 15, 1973, pp. 1054-
    57). The Speaker may direct that a call of the House be conducted by an
    alphabetical call of the roll by the Clerk where, in his discretion, he
    does not utilize the electronic voting device (Mar. 7, 1973, p. 6699),
    and pursuant to this clause and clause 6 (former clause 4 of rule XV)
    the Speaker may, in his discretion, direct the Clerk to call the roll,
    in lieu of taking the vote by electronic device, where a quorum fails to
    vote on any question and objection is made for that reason (May 16,
    1973, p. 15850). The Speaker declines to entertain unanimous-consent
    requests to correct the Journal and Record on votes taken by electronic
    device (Apr. 18, 1973, p. 13081; May 10, 1973, p. 15282; June 17, 1986,
    p. 14038); and a recorded vote or quorum call may not be reopened once
    the Chair has announced the result (June 15, 2000, p. ----). However,
    the Speaker may announce a change in the result of a vote taken by
    electronic device where required to correct an error in identifying a
    signature on a voting card submitted in the well (June 11, 1981); and
    the House by unanimous consent may permit the correction of the Record
    and the Journal to delete a vote that was not actually cast (June 26,
    2000, p. ----).
      On a call of the House, or a vote, conducted by electronic device,
    Members are permitted a minimum of 15 minutes to respond, but it is
    within the discretion of the Chair, following the expiration of 15
    minutes, to allow additional time for Members to record their presence,
    or vote, before announcing the result (June 6, 1973, p. 18403; Oct. 9,
    1997, p. ----), and since this clause is incorporated by reference into
    clause 6 of rule XVIII (former clause 2 of rule XXIII), the Chairman of
    the Committee of the Whole need not convert to a regular quorum call
    precisely at the expiration of 15 minutes if 100 Members have not
    appeared on a notice quorum call, but he may continue to exercise his
    discretion under that clause at any time during the conduct of the call
    (July 17, 1974, p. 23673). Because the Chair has the discretion to close
    the vote and to announce the result at any time after 15 minutes have
    elapsed, those precedents guaranteeing

    [[Page [793]]]

    Members in the Chamber the right to have their votes recorded even if
    the Chair has announced the result (i.e., V, 6064, 6065; VIII, 2143),
    which predate the use of an electronic voting system, do not require the
    Chair to hold open indefinitely a vote taken by electronic device (Mar.
    14, 1978, p. 6838), and in the 103d the Speaker inserted in the Record
    his announcement that, in order to expedite the conduct of votes by
    electronic device, the Cloakrooms were directed not to forward to the
    Chair individual requests to hold a vote open (Speaker Foley, Jan. 6,
    1993, p. 106). In the 104th and 105th Congresses the Speaker announced
    that each occupant of the Chair would have his full support in striving
    to close each electronic vote at the earliest opportunity and that
    Members should not rely on signals relayed from outside the Chamber to
    assume that votes will be held open until they arrive (Speaker Gingrich,
    Jan. 4, 1995, p. 552; June 10, 1998, p. ----); however, the Chair will
    not close a vote while a Member is in the well attempting to vote (Feb.
    10, 1995, p. 4385; June 22, 1995, p. 16814).
      At the end of a 15-minute vote, after the electronic voting stations
    are closed but before the Speaker's announcement of the result, a Member
    may cast an initial vote or change a vote by ballot card in the well
    (Speaker Albert, Sept. 23, 1975, p. 29850; Speaker Wright, Oct. 29,
    1987, p. 30239). In 1975 Speaker Albert announced that changes could no
    longer be made at the electronic stations but would have to be made by
    ballot card in the well (Speaker Albert, Sept. 17, 1975, p. 28903). In
    1976 Speaker Albert announced that changes could be made electronically
    during the first 10 minutes of a 15-minute voting period, but changes
    during the last 5 minutes would have to be made by ballot card in the
    well (Speaker Albert, Mar. 22, 1976, p. 7394). In 1977 Speaker O'Neill
    announced that changes could be made electronically at any time during a
    vote reduced to five minutes under the rules (Speaker O'Neill, Jan. 4,
    1977, pp. 53-70).
      (b) When <> the electronic voting system is inoperable or is not used,
    the Speaker or Chairman may direct the Clerk to conduct a record vote or
    quorum call as provided in clause 3 or 4.

      When the House recodified its rules in the 106th Congress, this
    provision was added as a cross reference to the backup procedures found
    in clauses 3 and 4(a) and to clarify the Chair's discretion to choose
    either backup procedure (H. Res. 5, Jan. 6, 1999, p. ----). In the event
    of a malfunction in the electronic voting system during a record vote,
    the Chair may vacate the results of the electronic vote and direct that
    the record vote be conducted by call of the roll under clause 3 of rule
    XX (May 4, 1988, pp. 9846, 9847; Oct. 6, 1999, p. ----). The question
    whether the electronic voting system is functioning reliably is in the
    discretion of the Chair, who may base a judgment on certification by the
    Clerk (Oct. 6, 1999, p. ----).

    [[Page [794]]]

    For example, the Speaker continued to use the electronic system, even
    though the electronic display panels or certain voting stations were
    temporarily inoperative, while urging Members to verify their votes
    (Sept. 19, 1985, p. 24245; Feb. 4, 1994, p. 1640; Feb. 10, 2000, p. ----
    ; Apr. 9, 2002, p. ----; Sept. 19, 2002, p. ----). On the other hand,
    the Chair vacated the results of an electronic vote and directed that
    the record vote be taken by call of the roll where there was a
    malfunction the electronic display panel and the Chair could not obtain
    from the Clerk verification that the vote would be recorded with 100
    percent accuracy (Oct. 6, 1999, p. ----). On one occasion, when the
    electronic voting system became inoperative during a vote, the Chair
    announced that (1) the vote would be held open until all Members were
    recorded; (2) the Clerk would retrieve the names of Members already
    recorded from the electronic display board; (3) the Clerk would combine
    the names of Members voting electronically and those who signed tally
    cards to form a valid vote; and (4) the vote would remain open until
    Members had returned from a memorial service at the National Cathedral
    (Sept. 14, 2001, p. ----).

    --  3. <> The
    Speaker may direct the Clerk to conduct a record vote or quorum call by
    call of the roll. In such a case the Clerk shall call the names of
    Members, alphabetically by surname. When two or more have the same
    surname, the name of the State (and, if necessary to distinguish among
    Members from the same State, the given names of the Members) shall be
    added. After the roll has been called once, the Clerk shall call the
    names of those not recorded, alphabetically by surname. Members
    appearing after the second call, but before the result is announced, may
    vote or announce a pair.

      The first form of this clause (former clause 1 of rule XV) was adopted
    in 1789, and amendments were added in 1870, 1880, 1890 (V, 6046), 1969
    (H. Res. 7, 91st Cong., Jan. 3, 1969, p. 35), and 1972 (H. Res. 1123,
    92d Cong., Oct. 13, 1972, pp. 36005-012). Before the House recodified
    its rules in the 106th Congress, this provision was found in former
    clause 1 of rule XV (H. Res. 5, Jan. 6, 1999, p. ----). While this
    clause permits the announcement of a ``live'' pair, the practice of
    general pairs found in former clause 2 of rule VIII was deleted in the
    106th Congress (H. Res. 5, Jan. 6, 1999, p. ----; see Sec. 1031, infra).

    [[Page [795]]]

      The names of Members who have not been sworn are not entered on the
    roll from which the yeas and nays are called for entry on the Journal
    (V, 6048; VI, 638; VIII, 3122).
      Commencing in 1879 the Clerk, in calling the roll, called Members by
    the surnames with the prefix ``Mr.'' instead of calling the full names
    (V, 6047), but since the 62d Congress the practice has been discontinued
    in the interest of brevity (VIII, 3121). The Speaker's name is not on
    the voting roll and is not ordinarily called (V, 5970). When he votes
    his name is called at the close of the roll (V, 5965). In case of a tie
    which is revealed by a correction of the roll, he has voted after
    intervening business or even on another day (V, 5969, 6061-6063; VIII,
    3075). Where the Speaker through an error of the Clerk in reporting the
    yeas and nays announces a result different from that actually had, the
    status of the question is governed by the vote as recorded and
    subsequent announcement by the Speaker of the changed result is
    authoritative, or he may entertain a motion for correction of the
    Journal in accordance with the vote as finally ascertained (VIII, 3162).
      Under this clause, as under clause 6, the roll is called twice, and
    those Members appearing after their names are called but before the
    announcement of the result may vote or announce a ``live'' pair. Under
    the former practice, prior to the amendment adopted on January 3, 1969,
    a Member who had failed to respond on either the first or second call of
    the roll could not be recorded before the announcement of the result (V,
    6066-6070; VIII, 3134-3150) unless he qualified by declaring that he had
    been within the Hall, listening, when his name should have been called
    and failed to hear it (V, 6071-6072; VIII, 3144-3150), and then only on
    the theory that his name may have been inadvertently omitted by the
    Clerk (VIII, 3137). Under the former practice where the roll was called
    by the Clerk, either before announcement of the result (V, 6064) or
    after such announcement (VIII, 3125), the Speaker could order the vote
    recapitulated (V, 6049, 6050; VIII, 3128). A Member may not change his
    vote on recapitulation if the result has been announced (VIII, 3124),
    but errors in the record of such votes may be corrected (VIII, 3125). A
    motion that a vote be recapitulated is not privileged (VIII, 3126). The
    Speaker has declined to order a recapitulation of a vote taken by
    electronic device (Speaker Albert, July 30, 1975, p. 25841).
      The <> legislative call system was
    designed to alert Members to certain occurrences on the floor of the
    House. The Speaker has directed that the bells and lights comprising the
    system be utilized as follows (Jan. 23, 1979, p. 701):
      Tellers--one ring and one light on left. Because the demand for teller
    votes was discontinued at the beginning of the 103d Congress, this
    signal is no longer utilized.
      Recorded vote, yeas and nays, or automatic record vote taken either by
    electronic system or by use of tellers with ballot cards--two bells and
    two lights on left indicate a vote by which Members are recorded by
    name.

    [[Page [796]]]

    Bells are repeated five minutes after the first ring. When by unanimous
    consent waiving the five-minute minimum set by clause 9 (former clause
    5(b)(3) of rule I) the House authorized the Speaker to put remaining
    postponed questions to two-minute electronic votes, two bells were rung
    (Oct. 4, 1988, pp. 28126, 28148).
      Recorded vote, yeas and nays, or automatic record electronic vote to
    be followed immediately by possible five-minute vote under clauses 8(c)
    or 9 of rule XX or clauses 6(f) or 6(g) of rule XVIII--two bells rung at
    beginning of first vote, followed by five bells, indicate that Chair
    will order five-minute votes if recorded vote, yeas and nays, or
    automatic vote is ordered immediately thereafter. Two bells repeated
    five minutes after first ring. Five bells on each subsequent electronic
    vote.
      Recorded vote, yeas and nays, or automatic roll call by call of the
    roll--two bells, followed by a brief pause, then two bells indicate such
    a vote taken by a call of the roll in the House. The bells are repeated
    when the Clerk reaches the ``R's'' in the first call of the roll.
      Regular quorum call--three bells and three lights on left indicate a
    quorum call either in the House or in Committee of the Whole by
    electronic system or by clerks. The bells are repeated five minutes
    after the first ring. Where quorum call is by call of the roll, three
    bells followed by a brief pause, then three more bells, with the process
    repeated when the Clerk reaches the ``R's'' in the first call of the
    roll, are utilized.
      Regular quorum call in Committee of the Whole, which may be followed
    immediately by five-minute electronic recorded vote--three bells rung at
    beginning of quorum call, followed by five bells, indicate that Chair
    will order five-minute vote if recorded vote is ordered on pending
    question. Three bells repeated five minutes after first ring. Five bells
    for recorded vote on pending question if ordered.
      Notice or short quorum call in Committee of the Whole--one long bell
    followed by three regular bells, and three lights on left, indicate that
    the Chair has exercised his discretion under clause 6 of rule XVIII and
    will vacate proceedings when a quorum of the Committee appears. Bells
    are repeated every five minutes unless (a) the call is vacated by
    ringing of one long bell and extinguishing of three lights, or (b) the
    call is converted into a regular quorum call and three regular bells are
    rung.
      Adjournment--four bells and four lights on left.
      Any five-minute vote--five bells and five lights on left.
      Recess of the House--six bells and six lights on left.
      Civil Defense Warning--twelve bells, sounded at two-second intervals,
    with six lights illuminated.
      The light on the far right--seven--indicates that the House is in
    session.
      Failure of the signal bells to announce a vote does not warrant
    repetition of the roll call (VIII, 3153-3155, 3157) nor does such a
    failure permit a Member to be recorded following the conclusion of the
    call (June 9, 1938, p. 8662).

    [[Page [797]]]

      Before <> the
    result of a vote has been finally and conclusively pronounced by the
    Chair, but not thereafter, a Member may change his vote (V, 5931-5933,
    6093, 6094; VIII, 3070, 3123, 3124, 3160), and a Member who has answered
    ``present'' may change it to ``yea'' or ``nay'' (V, 6060). However, a
    vote given by a Member may not be withdrawn without leave of the House
    (V, 5930).
      When a vote actually given fails to be recorded during a call of the
    roll (V, 6061-6063) the Member may, before the approval of the Journal,
    demand as a matter of right that correction be made (V, 5969; VIII,
    3143). However, statements of other Members as to alleged errors in a
    recorded vote must be very definite and positive to justify the Speaker
    in ordering a change of the roll (V, 6064, 6099). The Speaker declines
    to entertain requests to correct the Journal and Record on votes taken
    by electronic device, based upon the technical accuracy of the
    electronic system if properly utilized and upon the responsibility of
    each Member to correctly cast and verify his vote (Apr. 18, 1973, p.
    13081; May 10, 1973, p. 15282). By unanimous consent the House may
    vacate proceedings on a recorded vote conducted in the Committee of the
    Whole and require a vote de novo where it is alleged that Members were
    improperly prevented from being recorded (June 22, 1995, p. 16815).
      When <> once begun
    the roll call may not be interrupted even by a motion to adjourn (V,
    6053; VIII, 3133), a parliamentary inquiry (VIII, 3132), a question of
    personal privilege (V, 6058, 6059; VI, 554, 564), the arrival of the
    time fixed for another order of business (V, 6056) or for a recess (V,
    6054, 6055; VIII, 3133), or the presentation of a conference report (V,
    6443). However, it is interrupted for the reception of messages and by
    the arrival of the hour fixed for adjournment sine die (V, 6715-6718).
    Incidental questions arising during the roll call, such as the refusal
    of a Member to vote (V, 5946-5948), are considered after the completion
    of the call and the announcement of the vote (V, 5947). The rules do not
    preclude a Member from announcing after a recorded vote on which he
    failed to answer, how he would have voted if present (Speaker Rayburn,
    June 27, 1957, p. 10521; contra VIII, 3151), but neither the rules nor
    the practice permit a Member to announce after a recorded vote how
    absent colleagues would have voted if present (VI, 200; Apr. 3, 1933, p.
    1139; Apr. 28, 1933, p. 2587; May 20, 1933, p. 3834; Mar. 16, 1934, pp.
    4691, 4700; Apr. 14, 1937, pp. 3489, 3490; Apr. 15, 1937, p. 3563).

      4. (a) <> The Speaker may
    direct a record vote or quorum call to be conducted by tellers. In such
    a case the tellers named by the Speaker shall record the names of the
    Members voting on each side of the question or record their presence, as
    the case may be,

    [[Page [798]]]

    which the Clerk shall enter on the Journal and publish in the
    Congressional Record. Absentees shall be noted, but the doors may not be
    closed except when ordered by the Speaker. The minimum time for a record
    vote or quorum call by tellers shall be 15 minutes.

      This paragraph was adopted as part of the general revision of this
    rule (former rule XV) which was required by the implementation of the
    electronic voting system (H. Res. 1123, 92d Cong., Oct. 13, 1972, p.
    36012). Before the House recodified its rules in the 106th Congress,
    this provision was found in former clause 2(b) of rule XV (H. Res. 5,
    Jan. 6, 1999, p. ----). The Speaker, in his discretion, may direct that
    the presence of Members be recorded by this procedure in lieu of using
    the electronic system, or the Chair may, in his discretion, direct that
    a quorum call be taken by an alphabetical call of the roll (Mar. 7,
    1973, p. 6699). The Chairman of the Committee of the Whole also may
    direct that a quorum call be conducted by depositing quorum tally cards
    with clerk tellers, rather than by electronic device or a call of the
    roll (July 13, 1983, p. 18858).
      Exercising his authority under this paragraph, the Speaker ordered the
    doors to the Chamber closed and locked during a call of the House and
    instructed the Doorkeeper to enforce the rule and let no Members leave
    the Hall (Deschler, ch. 20, Sec. 6.3). This clause does not give the
    Speaker the authority to lock the doors during a recorded vote (June 11,
    1997, p. ----). For a discussion of the count to determine a quorum, see
    House Practice, ch. 43, Sec. 5.

      (b) <> On the demand of a Member, or at the suggestion
    of the Speaker, the names of Members sufficient to make a quorum in the
    Hall of the House who do not vote shall be noted by the Clerk, entered
    on the Journal, reported to the Speaker with the names of the Members
    voting, and be counted and announced in determining the presence of a
    quorum to do business.

      This clause was adopted in 1890 (IV, 2905), but it merely formalized a
    principle already established by a decision of the Chair (IV, 2895). It
    was much in use in the first years after its adoption (III, 2620; IV,
    2905-2907); but with the decline of obstruction in the House and the
    adoption of clause 6 (former clause 4 of rule XV) of this rule the
    necessity for its

    [[Page [799]]]

    use has disappeared to a large extent. Before the House recodified its
    rules in the 106th Congress, this provision was found in former clause 3
    of rule XV (H. Res. 5, Jan. 6, 1999, p. ----). The Speaker may direct
    the Clerk to note names of Members under this rule even on a vote for
    which a quorum is not necessary (VIII, 3152). For a discussion of the
    count to determine a quorum, see House Practice, ch. 43, Sec. 5.

      5. (a) <> In the absence of a
    quorum, a majority comprising at least 15 Members, which may include the
    Speaker, may compel the attendance of absent Members.
      (b) Subject to clause 7(b) a majority of those present may order the
    Sergeant-at-Arms to send officers appointed by him to arrest those
    Members for whom no sufficient excuse is made and shall secure and
    retain their attendance. The House shall determine on what condition
    they shall be discharged. Unless the House otherwise directs, the
    Members who voluntarily appear shall be admitted immediately to the Hall
    of the House and shall report their names to the Clerk to be entered on
    the Journal as present.

      The essential portions of this provision were adopted in 1789 and
    1795, with minor amendments in 1888, 1890 (IV, 2982), and 1971 (H. Res.
    5, 92d Cong., Jan. 22, 1971, p. 144). Later in the 92d Congress several
    provisions of this rule, including this clause, were amended to reflect
    the implementation of the electronic voting system (H. Res. 1123, Oct.
    13, 1972, pp. 36005-12). The provisions relating to the call of the roll
    by the Clerk were deleted. Calls of the House are now taken by the
    electronic device unless the Speaker, in his discretion orders the use
    of the alternative procedure in clause 2(b). Together with clause 7
    (former clause 6(e)(2) of rule XV) this provision was further amended in
    the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16) to conform to the
    requirement in that provision that further proceedings under the call
    shall be dispensed with unless the Speaker in his discretion recognizes
    for a call of the House or a motion to compel attendance under this
    paragraph. This clause must be read in light of clause 7 (former clause
    6(e) of rule XV), which prohibits the point of order that a quorum is
    not present unless the Speaker has put a question to a vote. Before the
    House recodified its rules in the 106th Congress,

    [[Page [800]]]

    this provision was found in former clause 2(a) of rule XV (H. Res. 5,
    Jan. 6, 1999, p. ----).
      Under <> this rule
    a call may not be ordered by less than 15, and without that number
    present the motion for a call is not entertained (IV, 2983). It must be
    ordered by majority vote, and a minority of 15 or more favoring a call
    on such vote is not sufficient (IV, 2984). A quorum not being present no
    motion is in order but for a call of the House or to adjourn (IV, 2950,
    2988; VI, 680), and at this stage the motion to adjourn has precedence
    over the motion for a call of the House (VIII, 2642).
      While the following precedents predate the use of the electronic
    voting and recording system, they are retained in the Manual because of
    their general applicability with respect to calls of the House. A roll
    call under paragraph (a) may not be interrupted by a motion to dispense
    with further proceedings under the call (IV, 2992), and a recapitulation
    of the names of those who appear after their names have been called may
    not be demanded (IV, 2933). However, during proceedings under the call
    the roll may be ordered to be called again by those present (IV, 2991).
      During a call less than a quorum may revoke leaves of absence (IV,
    3003, 3004) and excuse a Member from attendance (IV, 3000, 3001), but
    may not grant leaves of absence (IV, 3002). The roll is sometimes called
    for excuses, and motions to excuse are in order during this call (IV,
    2997), but neither the motion to excuse nor an incidental appeal are
    debatable (IV, 2999). After the roll has been called for excuses, and
    the House has ordered the arrest of those who are unexcused, a motion to
    excuse an absentee is in order when he is brought to the bar (IV, 3012).
      An <> order of arrest for absent
    Members may be made after a single calling of the roll (IV, 3015, 3016),
    and a warrant issued on direction of those present, such motion having
    precedence of a motion to dispense with proceedings under the call (IV,
    3036). The Sergeant-at-Arms is required to arrest Members wherever they
    may be found (IV, 3017), and leave for a committee to sit during
    sessions does not release its Members from liability to arrest (IV,
    3020). A motion to require the Sergeant-at-Arms to report progress in
    securing a quorum is in order during a call of the House (VI, 687). A
    Member who appears and answers is not subject to arrest (IV, 3019), and
    in a case where a Member complained of wrongful arrest the House ordered
    the Sergeant-at-Arms to investigate and amend the return of his warrant
    (IV, 3021). A Member once arrested having escaped it was held that he
    might not be brought back on the same warrant (IV, 3022). A privileged
    motion to compel the attendance of absent Members is in order after the
    Chair has announced that a quorum has not responded on a negative
    recorded vote on a motion to adjourn (Nov. 2, 1987, p. 30386).
      The former practice of presenting Members at the bar during a call of
    the House (IV, 3030-3035) is obsolete, and Members now report to the
    Clerk and are recorded without being formally excused unless brought in

    [[Page [801]]]

    under compulsion (VI, 684). Those present on a call may prescribe a fine
    as a condition of discharge, and the House has by resolution revoked all
    leaves of absence and directed the Sergeant-at-Arms to deduct from the
    salary of Members compensation for days absent without leave (VI, 30,
    198), but this penalty has been of rare occurrence (IV, 3013, 3014,
    3025). Form of resolution for the arrest of Members absent without leave
    (VI, 686). Having rejected a motion to adjourn, less than a quorum of
    the House rejected a motion directing the Sergeant-at-Arms to arrest
    absent Members, rejected a second motion to adjourn, and then adopted a
    motion authorizing the Speaker to compel the attendance of absent
    members (Nov. 2, 1987, p. 30387).
      The motion to dispense with further proceedings under the call of the
    House is not in order when a motion to arrest absent Members is pending
    (IV, 3029, 3037); is not entertained until a quorum responds on the
    call, but may be agreed to by less than a quorum thereafter (IV, 3038,
    3040; VI, 689; Sept. 11, 1968, p. 26453; Dec. 22, 1970, p. 43311); is
    neither debatable nor subject to amendment, thus the motion to lay it on
    the table is not in order (Aug. 27, 1962, p. 17653; Dec. 18, 1970, p.
    42504).
      During <> the call, which in
    later practice has been invoked only in absence of a quorum, incidental
    motions may be agreed to by less than a quorum (IV, 2994, 3029; VI,
    681), and under clause 7 (former clause 6(a)(4) of rule XV) a point of
    order of no quorum may not be made during the offering, consideration,
    and disposition of any motion incidental to a call of the House. This
    includes motions for the previous question (V, 5458), to reconsider and
    to lay the motion to reconsider on the table (V, 5607, 5608), to
    adjourn, which is in order even in the midst of the call of the roll for
    excuses (IV, 2998) or while the House is dividing on a motion for a call
    of the House (VIII, 2644), and which takes precedence over a motion to
    dispense with further proceedings under the call (VIII, 2643), and an
    appeal from a decision of the Chair (IV, 3010, 3037; VI, 681). The yeas
    and nays may also be ordered (IV, 3010), but a question of privilege may
    not be raised unless it be something connected immediately with the
    proceedings (III, 2545). Motions not strictly incidental to the call are
    not admitted, as for a recess (IV, 2995, 2996), to excuse a Member from
    voting even when otherwise in order (IV, 3007), to enforce the statute
    relating to deductions of pay of Members for absence (IV, 3011; VI,
    682), to construe a rule or make a new rule (IV, 3008), or to order a
    change of a Journal record (IV, 3009). A motion for a call of the House
    is not debatable (VI, 683, 688). The motion to compel the attendance of
    absent Members, being neither debatable nor amendable, is not subject to
    a motion to lay on the table (Speaker Wright, Nov. 2, 1987, p. 30389).

      (c) <> Upon the death,
    resignation, expulsion, disqualification, or removal of a Member, the
    whole number of the House

    [[Page [802]]]

    shall be adjusted accordingly. The Speaker shall announce the adjustment
    to the House. Such an announcement shall not be subject to appeal. In
    the case of a death, the Speaker may lay before the House such
    documentation from Federal, State, or local officials as he deems
    pertinent.

      This paragraph was added in the 108th Congress (sec. 2(l), H. Res. 5,
    Jan. 7, 2003, p. ----).
      6. (a) <> When a quorum fails to vote on a question, a quorum is not
    present, and objection is made for that cause (unless the House shall
    adjourn)--
          (1) there shall be a call of the House;
          (2) the Sergeant-at-Arms shall proceed forthwith to bring in
    absent Members; and
          (3) the yeas and nays on the pending question shall at the same
    time be considered as ordered.
      (b) The Clerk shall record Members by the yeas and nays on the pending
    question, using such procedure as the Speaker may invoke under clause 2,
    3, or 4. Each Member arrested under this clause shall be brought by the
    Sergeant-at-Arms before the House, whereupon he shall be noted as
    present, discharged from arrest, and given an opportunity to vote; and
    his vote shall be recorded. If those voting on the question and those
    who are present and decline to vote together make a majority of the
    House, the Speaker shall declare that a quorum is constituted, and the
    pending question shall be decided as the requisite majority of those
    voting shall have determined. Thereupon further pro

    [[Page [803]]]

    ceedings under the call shall be considered as dispensed with.
      (c) At any time after Members have had the requisite opportunity to
    respond by the yeas and nays, but before a result has been announced, a
    motion that the House adjourn shall be in order if seconded by a
    majority of those present, to be ascertained by actual count by the
    Speaker. If the House adjourns on such a motion, all proceedings under
    this clause shall be considered as vacated.

      This clause (former clause 4 of rule XV) was adopted in 1896 (IV,
    3041; VI, 690); and amended in 1972 to make its provisions subject to
    clause 2 (former clause 5) of this rule (H. Res. 1123, 92d Cong., p.
    36012). In the 108th Congress paragraph (c) was amended to clarify the
    privileged nature of the motion to adjourn during the call (sec. 2(m),
    H. Res. 5, Jan. 7, 2003, p. ----). Before the House recodified its rules
    in the 106th Congress, this provision was found in former clause 4 of
    rule XV (H. Res. 5, Jan. 6, 1999, p. ----).
      Where objection is raised to a vote in the House on the ground that a
    quorum is not present, and a quorum is in fact not present, the Speaker
    may direct that the call of the House be taken by electronic device
    under clause 2 (former clause 5), or may, in his discretion, direct the
    Clerk to call the roll pursuant to this clause (May 16, 1973, p. 15860).
      It applies only to votes wherein a quorum is required, and hence does
    not apply to an affirmative vote on a motion to adjourn (July 25, 1949,
    p. 10092; Nov. 4, 1983, p. 30946), or motions incidental to a call of
    the House which may be agreed to by less than a quorum (IV, 2994, 3029;
    VI, 681), or to a call when there is no question pending (IV, 2990).
    While a quorum is not required to adjourn, a point of no quorum on a
    negative vote on adjournment, if sustained, precipitates a call of the
    House under the rule (VI, 700; June 4, 1951, pp. 6097, 6098; June 15,
    1951, p. 6621). Where less than a quorum rejects a motion to adjourn,
    the House may not consider business but may dispose of motions to compel
    the attendance of absent Members (Nov. 2, 1987, p. 30387).
      When a Member objects to a vote on the ground that a quorum is not
    present and makes the point of order under this clause, the Speaker may
    count the House and determine the presence of a quorum, and is not
    required to announce his actual count under the first sentence of this
    clause (Sept. 30, 1981, p. 22456). Where the Speaker ascertains the
    presence of a quorum by actual count following an objection to a vote
    under this clause, or on a rejected demand for the yeas and nays and a
    division vote is then

    [[Page [804]]]

    had on the pending question, the division vote is intervening business
    (see VIII, 2804) permitting another objection to the lack of a quorum,
    and the Speaker must again count the House (Mar. 17, 1976, p. 6792; Aug.
    2, 1979, p. 22006). However, where the announced absence of a quorum has
    resulted in a record vote under this clause (on the Speaker's approval
    of the Journal), the House may not, even by unanimous consent, vacate
    the vote in order to conduct another voice vote in lieu of the record
    vote, since no business, including a unanimous-consent agreement, is in
    order in the announced absence of a quorum (July 13, 1983, p. 18844;
    Feb. 24, 1988, p. 2450). The House having authorized the Speaker to
    compel the attendance of absent Members, the Speaker announced that the
    Sergeant-at-Arms would proceed with necessary and efficacious steps, and
    that pending the establishment of a quorum no further business,
    including unanimous-consent requests for recess authority, could be
    entertained (Nov. 2, 1987, p. 30389).
      Under <> this
    clause the roll is called over twice, and those appearing after their
    names are called may vote (IV, 3052). A motion to adjourn may be made
    before the call begins (IV, 3050). After the roll has been called, and
    while the proceedings to obtain a quorum are going on, motions to excuse
    Members are in order (IV, 3051). The Sergeant-at-Arms is required to
    detain those who are present and bring in absentees (IV, 3045-3048), and
    he does this without the authority of a resolution adopted by those
    present (IV, 3049). There is doubt as to whether or not a warrant is
    necessary but it is customary for the Speaker to issue one on the
    authority of the rule (IV, 3043; VI, 702). When arrested, Members are
    arraigned at the bar, and either vote or are noted as present, after
    which they are discharged (IV, 3044). When a quorum fails to vote on a
    yea-and-nay vote on a motion which requires a quorum to be present, and
    a quorum is not present, the Chair takes notice of the fact, and unless
    the House adjourns, a call of the House is ordered by the Chair under
    this rule, and the vote is taken on the question de novo (IV, 3045,
    3052; VI, 679). An automatic roll call results under this rule when the
    objection that a quorum is not present and voting is made after a viva
    voce vote (VI, 697). An automatic roll call under this rule is not in
    order in Committee of the Whole (Aug. 2, 1966, p. 17844). Pursuant to
    clause 8, where the Speaker has announced that he will postpone further
    proceedings on motions to suspend the rules on that day if any votes are
    objected to under this clause, and objection is then made to any such
    votes, further proceedings are automatically postponed and the question
    is put de novo when that vote recurs as unfinished business, when
    further proceedings are postponed, the point of order that a quorum is
    not present is considered as withdrawn, since no longer in order (a
    question not being pending after the Speaker's announcement of
    postponement) (see clause 7, infra).

    [[Page [805]]]

      7. (a) <> The Speaker may
    not entertain a point of order that a quorum is not present unless a
    question has been put to a vote.
      (b) <> Subject to paragraph (c) the Speaker may recognize
    a Member, Delegate, or Resident Commissioner to move a call of the House
    at any time. When a quorum is established pursuant to a call of the
    House, further proceedings under the call shall be considered as
    dispensed with unless the Speaker recognizes for a motion to compel
    attendance of Members under clause 5(b).
      (c) <> A call of the House shall not be in order after the previous
    question is ordered unless the Speaker determines by actual count that a
    quorum is not present.

      Paragraphs (a) and (b) were adopted in the 93d Congress (H. Res. 998,
    Apr. 9, 1974, pp. 10195-99) and amended in the 95th Congress (H. Res. 5,
    Jan. 4, 1977, pp. 53-70) and in the 96th Congress (H. Res. 5, Jan. 15,
    1979, pp. 7-16) to dispense with further proceedings under any call of
    the House when a quorum appears unless the Speaker at his discretion
    recognizes for a motion. Paragraph (c) (former clause 2 of rule XVII)
    was adopted in 1860 (V, 5447). Before the House recodified its rules in
    the 106th Congress, paragraphs (a) and (b) were found in former clause 6
    of rule XV and paragraph (c) was found in former clause 2 of rule XVII.
    The 106th Congress also transferred former clause 6(b) of rule XV to
    clause 6(d) of rule XVIII (H. Res. 5, Jan. 6, 1999, p. ----).
      Under this clause the Speaker may not entertain a point of order of no
    quorum when he has not put a question to a vote in the House (Speaker
    O'Neill, Jan. 11, 1977, p. 891; Jan. 31, 1977, p. 2640; Sept. 30, 1997,
    p. ----; July 21, 1998, p. ----; June 14, 2001, p. ----). The Chair may
    not entertain a point of order of no quorum pending a request that a
    committee be permitted to sit under the five-minute rule, because the
    Chair has not put the question on a pending proposition to a vote (June
    18, 1980, p. 15316). However, under this clause the Speaker may at any
    time in his discretion recognize a Member of his choice to move a call
    of the House (Speaker O'Neill, Jan. 19, 1977, p. 1719; Jan. 31, 1977, p.
    2640; Aug. 6,

    [[Page [806]]]

    1986, p. 19370), or may choose not to do so (Sept. 30, 1997, p. ----),
    even, for example, prior to the call of the Private Calendar, which is
    in order after approval of the Journal and disposition of business on
    the Speaker's table (July 8, 1987, p. 18972). For precedents addressing
    timeliness in raising a point of order of no quourm, see Deschler, ch.
    20, Sec. 13.
      The Speaker's refusal to entertain a point of order of no quorum when
    a pending question has not been put to a vote is not subject to an
    appeal, since the clause contains an absolute and unambiguous
    prohibition against entertaining such a point of order (Sept. 16, 1977,
    p. 29562). During debate on a measure in the House the Speaker will not
    respond to an inquiry as to the number of Members present in the
    Chamber, because a point of no quorum is not admissible unless he has
    put the pending question to a vote (Oct. 28, 1987, p. 29682).
      In adopting this rule, the House has presumably determined that the
    mere conduct of debate in the House, where the Chair has not put the
    pending motion or proposition to a vote, is not such business as
    requires a quorum under the Constitution (art. I, sec. 5, cl. 1), and
    neither a point of order of no quorum during debate only nor a point of
    order against the enforcement of this clause lies independently under
    the Constitution (Sept. 8, 1977, p. 28114; Sept. 12, 1977, p. 28800;
    Feb. 27, 1986, p. 3060). Clause 7(c) of rule XX provides that after the
    previous question is ordered a call of the House shall only be in order
    if the Speaker determines by actual count of the House that a quorum is
    not present.

    Postponement of proceedings
      8. (a)(1) <> When a
    recorded vote is ordered, or the yeas and nays are ordered, or a vote is
    objected to under clause 6--
          (A) on any of the questions specified in subparagraph (2), the
    Speaker may postpone further proceedings to a designated place in the
    legislative schedule within two additional legislative days; and
          (B) on the question of agreeing to the Speaker's approval of the
    Journal, the Speaker may postpone further proceedings to a designated
    place in the legislative schedule on that legislative day.
      (2) The questions described in subparagraph (1) are as follows:

    [[Page [807]]]

          (A) The question of passing a bill or joint resolution.
          (B) The question of adopting a resolution or concurrent
    resolution.
          (C) The question of agreeing to a motion to instruct managers on
    the part of the House (except that proceedings may not resume on such a
    motion under clause 7(c) of rule XXII if the managers have filed a
    report in the House).
          (D) The question of agreeing to a conference report.
          (E) The question of agreeing to a motion to recommit a bill
    considered under clause 6 of rule XV.
          (F) The question of ordering the previous question on a question
    described in subdivision (A), (B), (C), (D), or (E).
          (G) The question of agreeing to an amendment to a bill considered
    under clause 6 of rule XV.
          (H) The question of agreeing to a motion to suspend the rules.
      (b) At the time designated by the Speaker for further proceedings on
    questions postponed under paragraph (a), the Speaker shall resume
    proceedings on each postponed question.
      (c) The Speaker may reduce to five minutes the minimum time for
    electronic voting on a question postponed under this clause, or on a
    question incidental thereto, that follows another electronic vote
    without intervening business, so long as the minimum time for electronic
    voting

    [[Page [808]]]

    on the first in any series of questions is 15 minutes.
      (d) If the House adjourns on a legislative day designated for further
    proceedings on questions postponed under this clause without disposing
    of such questions, then on the next legislative day the unfinished
    business is the disposition of such questions.

      This provision (former clause 5(b) of rule I) was added in the 96th
    Congress (H. Res. 5, Jan. 15, 1979, p. 7), and subparagraph (1) was
    amended in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113) to
    place all authority for the postponing of further proceedings on certain
    questions into this clause. This consolidation was accomplished with the
    addition of the authority to postpone further proceedings on reports
    from the Committee on Rules and the authority to postpone further
    proceedings on motions to suspend the rules and pass bills or adopt
    resolutions. The authority for the Speaker to postpone further
    proceedings on agreeing to his approval of the Journal until later that
    legislative day was added in the 98th Congress (H. Res. 5, Jan. 3, 1983,
    p. 34). The authority for the Speaker to postpone further proceedings on
    motions to instruct conferees under clause 7(c) of rule XXII was added
    in the 101st Congress (H. Res. 5, Jan. 3, 1989, p. 72). The authority
    for the Speaker to postpone further proceedings on the original motion
    to instruct conferees was added in the 106th Congress (H. Res. 5, Jan.
    6, 1999, p. ----). In the 104th Congress the list of questions
    susceptible of postponement was reordered and expanded to include a vote
    on ordering the previous question on another question that is, itself,
    susceptible of postponement (sec. 223(a), H. Res. 6, Jan. 4, 1995, p.
    469). In the 105th Congress subparagraph (1) was amended to enable
    postponement of certain questions during consideration of bills called
    from the Corrections Calendar, i.e., agreeing to an amendment, ordering
    the previous question on a motion to recommit, and agreeing to a motion
    to recommit (H. Res. 5, Jan. 7, 1997, p. 121). In the 106th Congress the
    Speaker's authority to reduce to five minutes the minimum time for
    electronic voting on a question postponed under this clause was expanded
    to include questions incidental thereto and to permit the first
    postponed vote in a series to be a five-minute vote if it immediately
    follows a 15-minute vote. Before the House recodified its rules in the
    106th Congress, this provision was found in former clause 5(b) of rule I
    (H. Res. 5, Jan. 6, 1999, p. ----). In the 108th Congress clause 9 was
    expanded to include the authority described in clause 8(c) (sec. 2(n),
    H. Res. 5, Jan. 7, 2003, p. ----). Clause 9 permits the Speaker to
    reduce to five minutes a record vote on any question arising without
    intervening business after an electronic vote on another question if
    notice of possible five-minute voting was properly issued.

    [[Page [809]]]

    Technical corrections to paragraphs (a), (b), and (d) of clause 8 were
    effected in the 108th Congress (sec. 2(u), H. Res. 5, Jan. 7, 2003, p.
    ----).
      The Speaker first exercised his authority to postpone a record vote on
    the approval of the Journal on November 10, 1983 (p. 32097). That
    authority includes the power to postpone a division vote on the approval
    of the Journal that is objected to under clause 6 of rule XX (former
    clause 4 of rule XV) (Sept. 21, 1993, p. 21820). On questions not
    enumerated in this paragraph, such as the initial motion to instruct
    conferees prior to the 106th Congress, unanimous consent was required to
    permit the Speaker to postpone such record votes (Oct. 6, 1986, p.
    28704).
      Pursuant to clause 7 of rule XX (former clause 6(e) of rule XV),
    prohibiting a point of order of no quorum unless the Speaker has put the
    pending proposition to a vote, the Speaker announces, after postponing a
    vote on a motion to suspend the rules where objection has been made to
    the vote on the grounds that a quorum is not present, that the point of
    order is considered as withdrawn, since the Chair is no longer putting
    the question (May 16, 1977, p. 14785). At the conclusion of debate on
    all motions to suspend the rules on a legislative day, the Speaker
    announces that he will put the question on each motion on which further
    proceedings have been postponed--either de novo if objection to the vote
    has been made under clause 6 of rule XX (former clause 4 of rule XV) or
    for a ``yea and nay'' or recorded vote if previously ordered by the
    House in the order in which the motions had been entered (June 4, 1974,
    pp. 17521-47). Clause 8(a) of rule XX (former clause 5(b) of rule I)
    does not require the Chair's customary announcement at the beginning of
    consideration of motions to suspend the rules that the Chair intends to
    postpone possible record votes (Feb. 23, 1993, p. 3281; Nov. 14, 1995,
    p. 32385).
      Under the authority to postpone further proceedings on a specified
    question to a designated time within two legislative days, the Speaker
    may simultaneously designate separate times for the resumption of
    proceedings on separate postponed questions (Mar. 3, 1992, p. 4072).
    Once the Speaker has postponed record votes to a designated place in the
    legislative schedule, he may subsequently redesignate the time when the
    votes will be taken within the appropriate period (June 6, 1984, p.
    15080; Oct. 3, 1988, pp. 27782, 27878). When the House adjourns on the
    second legislative day after postponement of a question under this
    clause without resuming proceedings thereon, the question remains
    unfinished business on the next legislative day (Oct. 1, 1997, p. ----).
      Following the first postponed vote on motions to suspend the rules,
    the Speaker may in his discretion reduce to not less than five minutes
    the time for taking votes on any or all of the subsequent motions on
    which votes have been postponed (June 4, 1974, p. 17547). Having
    clustered record votes on motions to suspend the rules and then having
    clustered record votes on passage of other measures considered
    immediately after debate on the suspension motions, the Speaker may,
    pursuant to this clause, conduct all the postponed votes in one sequence
    and reduce to five

    [[Page [810]]]

    minutes the time for all electronic votes after the first suspension
    vote (May 17, 1983, p. 12508; Oct. 2, 1989, p. 22724). However, the
    Chair may decline, in his discretion, to recognize for a unanimous-
    consent request to reduce to five minutes the first vote in the series,
    since the bell and light system would not give adequate notice of the
    initial five-minute vote (Oct. 8, 1985, p. 26666). However, prior to the
    106th Congress, where a series of votes had been postponed pursuant to
    this clause to occur following a 15-minute vote on another measure not a
    part of that series, the vote on the first postponed measure could have
    been reduced to five minutes only by unanimous consent (May 24, 1983, p.
    13595; July 22, 1996, p. 18410). By unanimous consent waiving the five-
    minute minimum set by paragraph (c) (former clause 5(b)(3) of rule I),
    the House has authorized the Speaker to put remaining postponed
    questions to two-minute electronic votes (Oct. 4, 1988, pp. 28126,
    28148). The Speaker may ``cluster'' postponed votes on a motion to
    suspend the rules and on adoption of a resolution in the order in which
    those questions were considered on the preceding day (July 19, 1983, p.
    19774). The requirement that the Speaker put each question on motions to
    suspend the rules in the order in which postponed, does not prevent the
    Speaker from entertaining a unanimous-consent request for the
    consideration of a similar Senate measure following passage of a House
    bill and prior to the next postponed vote (Feb. 15, 1983, p. 2175).
    Since a resolution raising a question of the privileges of the House
    takes precedence over a motion to suspend the rules, it may be offered
    and voted on between motions to suspend the rules on which the Speaker
    has postponed record votes until after debate on all suspensions (May
    17, 1983, p. 12486). Proceedings may not resume on a postponed question
    of agreeing to a 20-day motion to instruct conferees after the managers
    have filed a conference report in the House (Oct. 19, 1999, p. ----).
      For several years prior to the 107th Congress, special rules adopted
    by the House routinely provided the Chairman of the Committee of the
    Whole authority to postpone and cluster requests for recorded votes on
    amendments. In the 107th Congress that authority was given to the
    Chairman in the standing rules by adoption of a new clause 6(g) of rule
    XVIII. For a discussion of such authority, see Sec. 984, supra.

      Former <> clause 2 of rule VIII was
    adopted in 1880, although the practice of pairing had then existed in
    the House for many years (V, 5981). The language of the clause was
    slightly altered by amendment in 1972 to reflect the installation of
    electronic voting in the 93d Congress (H. Res. 1123, Oct. 13, 1972, pp.
    36005-12). It was amended in the 94th Congress (H. Res. 5, Jan. 14,
    1975, p. 20) to permit pairs to be announced in the Committee of the
    Whole. Former clause 2 of rule VIII was deleted in the 106th Congress
    (H. Res. 5, Jan. 6, 1999, p. ----). The Rules of the House continue to
    permit the announcement of a ``live'' pair under clause 3 of rule XX
    (Sec. 1015, supra).
      Prior to the 106th Congress, pairs were not announced at a time other
    than that prescribed by the former rule (V, 6046), and the voting
    intentions

    [[Page [811]]]

    of an absent Member were not otherwise announced by a colleague (VIII,
    3151). Prior to the 94th Congress pairs were not permitted in Committee
    of the Whole (V, 5984; Speaker Albert, Jan. 15, 1973, p. 1054). The
    House did not consider questions arising out of the breaking of a pair
    (V, 5982, 5983, 6095; VIII, 3082, 3085, 3087-3089, 3093), or permit a
    Member to vote after the call on the plea that he had refrained because
    of misunderstanding as to a pair (V, 6080, 6081). Discussion of the
    origin of the practice of pairing in the House and Senate (VIII, 3076).
    On questions requiring a two-thirds majority Members were paired two in
    the affirmative against one in the negative (VIII, 3088; Nov. 15, 1983,
    p. 32685). For Speaker Clark's interpretation of the rule and practice
    of the House of Representatives as to pairs, see VIII, 3089.

    Five-minute votes--
      9. <> The Speaker may reduce to five
    minutes the minimum time for electronic voting on any question arising
    without intervening business after an electronic vote on another
    question if notice of possible five-minute voting for a given series of
    votes was issued before the preceding electronic vote.

      The Speaker's authority to reduce record votes to five minutes,
    provided the first vote in any series is a 15-minute vote, gradually
    expanded over the years as follows: (1) on a bill, resolution, or
    conference report following a vote on a motion to recommit as first
    added in the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16); (2) on
    amendments reported from the Committee of the Whole following a vote on
    the first such amendment, as added in the 101st Congress (H. Res. 5,
    Jan. 3, 1989, p. 72); (3) on adoption of a special order of business
    following a vote on ordering the previous question thereon as added in
    the 103d Congress (H. Res. 5, Jan. 5, 1993, p. 49), and expanded to any
    underlying question following a vote on ordering the previous question
    in the 104th Congress (sec. 223(e), H. Res. 6, Jan. 4, 1995, p. 469);
    (4) on any incidental question under this clause as added in the 106th
    Congress (H. Res. 5, Jan. 6, 1999, p. ----); and (5) finally (the
    present language of the rule), on any question arising without
    intervening business after an electronic vote on another question (sec.
    2(n), H. Res. 5, Jan. 7, 2003, p. ----). The 106th Congress, when the
    House recodified its rules, transferred this provision from former
    clause 5(b) of rule XV (H. Res. 5, Jan. 6, 1999, p. ----).
      Five-minute votes are now permitted at the discretion of the Chair in
    the following circumstances: (1) under clause 9 on any question arising
    without intervening business after an electronic vote on another
    question if notice of possible five-minute voting was properly issued
    (which includes

    [[Page [812]]]

    the authority also granted under clause 8(c)); (2) under clause 6(b)(3)
    of rule XVIII, on a pending question immediately following a regular
    quorum call in Committee of the Whole; (3) under clause 6(f) of rule
    XVIII, on any or all pending amendments immediately following a 15-
    minute recorded vote on the first such pending amendment in Committee of
    the Whole; and (4) under clause 6(g) of rule XVIII, on a postponed
    question on adoption of an amendment that immediately follows another
    electronic vote. This clause does not give the Chair the authority to
    reduce to five minutes the vote on a motion to recommit occurring
    immediately after a recorded vote on an amendment reported from the
    Committee of the Whole, and the Chair will not entertain a unanimous-
    consent request to reduce that vote to five minutes after Members had
    already left the Chamber with the expectation that the next vote would
    be a 15-minute vote (June 29, 1994, p. 15107; July 14, 1999, p. ----).
      Where five-minute voting is interrupted by a one-minute speech,
    unanimous consent is required to continue five-minute voting (June 25,
    2002, p. ----). A voice vote on the question of adoption of a resolution
    following a 15-minute vote on ordering the previous question was not
    construed as ``intervening business'' such as would preclude five-minute
    votes on certain postponed questions (Sept. 26, 2002, p. ----). In the
    95th Congress, the Speaker announced that changes could be made
    electronically at any time during a vote reduced to five minutes under
    the rules (Speaker O'Neill, Jan. 4, 1977, pp. 53-70).

    Automatic yeas and nays
      10. <> The
    yeas and nays shall be considered as ordered when the Speaker puts the
    question on passage of a bill or joint resolution, or on adoption of a
    conference report, making general appropriations, or increasing Federal
    income tax rates (within the meaning of clause 5 of rule XXI), or on
    final adoption of a concurrent resolution on the budget or conference
    report thereon.

      This clause was adopted in the 104th Congress (sec. 214, 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 7 of rule XV
    (H. Res. 5, Jan. 6, 1999, p. ----).

    [[Page [813]]]

    Ballot votes
      11. <> In a case of ballot for
    election, a majority of the votes shall be necessary to an election.
    When there is not such a majority on the first ballot, the process shall
    be repeated until a majority is obtained. In all balloting blanks shall
    be rejected, may not be counted in the enumeration of votes, and may not
    be reported by the tellers.

      This rule was first adopted in 1789 and was amended in 1837 (V, 6003).
    It was renumbered January 3, 1953 (p. 24). The last election by ballot
    seems to have occurred in 1868 (V, 6003).

    [DOCID:hd284-127]
                                    Rule XXI

    [DOCID:hd284-128]
                          restrictions on certain bills

    Reservation of certain points of order
      1. <> At the time a
    general appropriation bill is reported, all points of order against
    provisions therein shall be considered as reserved.

      This clause was added in the 104th Congress (sec. 215(e), H. Res. 6,
    Jan. 4, 1995, p. 468), rendering unnecessary the former practice that a
    Member reserve points of order when a general appropriation bill was
    referred to the calendar of the Committee of the Whole House on the
    state of the Union, in order that provisions in violation of rule XXI
    could be stricken in the Committee of the Whole (see Sec. 1044, infra).
    Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 8 of rule XXI (H. Res. 5, Jan. 6,
    1999, p. ----).

    [[Page [814]]]

    General appropriation bills and amendments
      2. (a)(1) <> An appropriation
    may not be reported in a general appropriation bill, and may not be in
    order as an amendment thereto, for an expenditure not previously
    authorized by law, except to continue appropriations for public works
    and objects that are already in progress.
      (2) <> A
    reappropriation of unexpended balances of appropriations may not be
    reported in a general appropriation bill, and may not be in order as an
    amendment thereto, except to continue appropriations for public works
    and objects that are already in progress. This subparagraph does not
    apply to transfers of unexpended balances within the department or
    agency for which they were originally appropriated that are reported by
    the Committee on Appropriations.
      (b) <> A provision changing existing law may not be
    reported in a general appropriation bill, including a provision making
    the availability of funds contingent on the receipt or possession of
    information not required by existing law for the period of the
    appropriation, except germane provisions that retrench expenditures by
    the reduction of amounts of money covered by the bill (which may include
    those recommended to the Committee on Appropriations by direction of a
    legislative committee having jurisdiction over the

    [[Page [815]]]

    subject matter) and except rescissions of appropriations contained in
    appropriation Acts.
      (c) <> An amendment to a general appropriation
    bill shall not be in order if changing existing law, including an
    amendment making the availability of funds contingent on the receipt or
    possession of information not required by existing law for the period of
    the appropriation. Except as provided in paragraph (d), an amendment
    proposing a limitation not specifically contained or authorized in
    existing law for the period of the limitation shall not be in order
    during consideration of a general appropriation bill.
      (d) <> After a general appropriation bill has been read for
    amendment, a motion that the Committee of the Whole House on the state
    of the Union rise and report the bill to the House with such amendments
    as may have been adopted shall, if offered by the Majority Leader or a
    designee, have precedence over motions to amend the bill. If such a
    motion to rise and report is rejected or not offered, amendments
    proposing limitations not specifically contained or authorized in
    existing law for the period of the limitation or proposing germane
    amendments that retrench expenditures by reductions of amounts of money
    covered by the bill may be considered.
      (e) <> A provision other than an appropriation
    designated an emergency under section 251(b)(2) or section 252(e) of the
    Balanced Budget and Emer

    [[Page [816]]]

    gency Deficit Control Act, a rescission of budget authority, or a
    reduction in direct spending or an amount for a designated emergency may
    not be reported in an appropriation bill or joint resolution containing
    an emergency designation under section 251(b)(2) or section 252(e) of
    such Act and may not be in order as an amendment thereto.
      (f) <> During the reading of an appropriation bill for amendment in
    the Committee of the Whole House on the state of the Union, it shall be
    in order to consider en bloc amendments proposing only to transfer
    appropriations among objects in the bill without increasing the levels
    of budget authority or outlays in the bill. When considered en bloc
    under this paragraph, such amendments may amend portions of the bill not
    yet read for amendment (following disposition of any points of order
    against such portions) and is not subject to a demand for division of
    the question in the House or in the Committee of the Whole.

      The <> 25th
    Congress in 1837 was the first to adopt a rule prohibiting
    appropriations in a general appropriation bill or amendment thereto not
    previously authorized by law, in order to prevent delay of appropriation
    bills because of contention over propositions of legislation. In 1838
    that Congress added the exception to permit unauthorized appropriations
    for continuation of works in progress and for contingencies for carrying
    on departments of the Government. The rule remained in that form until
    the 44th Congress in 1876, when William S. Holman of Indiana persuaded
    the House to amend the rule to permit germane legislative retrenchments.
    In 1880, the 46th Congress dropped the exception which permitted
    unauthorized appropriations for contingencies of Government departments,
    and modified the ``Holman Rule'' to define retrenchments as the
    reduction of the number and salary of officers of the United States, the
    reduction of compensation of any person paid out of the Treasury of the
    United States, or the reduction

    [[Page [817]]]

    of the amounts of money covered by the bill. That form of the
    retrenchment exception remained in place until the 49th Congress in
    1885, when it was dropped until the 52d Congress in 1891, and then
    reinserted through the 53d Congress until 1894. It was again dropped in
    the 54th Congress from 1895 until reinserted in the 62d Congress in 1911
    (IV, 3578; VII, 1125).
      The clause remained unamended until January 3, 1983, when the 98th
    Congress restructured it in the basic form of paragraphs (a)-(d).
    Clerical and stylistic changes were effected when the House recodified
    its rules in the 106th Congress, including a change to clause 2(a)(2) to
    clarify that the point of order lies against the offending provision in
    the text and not against consideration of the entire bill. At that time
    former clause 6 was transferred to clause 2(a)(2) and former clause 2(a)
    became clause 2(a)(1) (H. Res. 5, Jan. 6, 1999, p. ----).
      Paragraph (a)(1) (former paragraph (a)) retained the prohibition
    against unauthorized appropriations in general appropriation bills and
    amendments thereto except in continuation of works in progress.
      Paragraph (a)(2) (former clause 6), from section 139(c) of the
    Legislative Reorganization Act of 1946 (2 U.S.C. 190f(c)), was made part
    of the standing rules in the 83d Congress (Jan. 3, 1953, p. 24).
    Previously, a reappropriation of an unexpended balance for an object
    authorized by law was in order on a general appropriation bill (IV,
    3591, 3592; VII, 1156, 1158). This provision was amended in the 99th
    Congress by section 228(b) of the Balanced Budget and Emergency Deficit
    Control Act of 1985 (P.L. 99-177) to permit the Committee on
    Appropriations to report transfers of unexpended balances within the
    department or agency for which originally appropriated.
      Paragraph (b) narrowed the ``Holman Rule'' exception from the
    prohibition against legislation to cover only retrenchments reducing
    amounts of money included in the bill as reported, and permitted
    legislative committees with proper jurisdiction to recommend such
    retrenchments to the Appropriations Committee for discretionary
    inclusion in the reported bill. The last exception in paragraph (b),
    permitting the inclusion of legislation rescinding appropriations in
    appropriation Acts, was added in the 99th Congress by the Balanced
    Budget and Emergency Deficit Control Act of 1985 (sec. 228(a), P.L. 99-
    177). The latter feature of the paragraph does not extend to a
    rescission of contract authority provided by a law other than an
    appropriation Act (Sept. 22, 1993, p. 22138; May 15, 1997, p. ----; July
    23, 1997, p. ----). In the 105th Congress paragraph (b) was amended to
    treat as legislation a provision reported in a general appropriation
    bill that makes funding contingent on whether circumstances not made
    determinative by existing law are ``known'' (H. Res. 5, Jan. 7, 1997, p.
    121).
      Paragraph (c) retained the prohibition against amendments changing
    existing law but permitted limitation amendments during the reading of
    the bill by paragraph only if specifically authorized by existing law
    for the period of the limitation. In the 105th Congress paragraph (c)
    was amended to treat as legislation an amendment to a general
    appropriation

    [[Page [818]]]

    bill that makes funding contingent on whether circumstances not made
    determinative by existing law are ``known'' (H. Res. 5, Jan. 7, 1997, p.
    121). The exception for limitations is strictly construed to apply only
    where existing law requires or permits the inclusion of limiting
    language in an appropriation Act, and not merely where the limitation is
    alleged to be ``consistent with existing law'' (June 28, 1988, p.
    16267). Although the Committee on Appropriations may include a
    limitation in its reported bill, if it is stricken with other
    legislative language on a point of order it may be reinserted during the
    reading only if in compliance with clause 2(c) or in accordance with
    clause 2(d) (June 18, 1991, p. 15199). Where the committee included a
    limitation in its reported bill that precluded funds for assistance to a
    list of countries, an amendment to that paragraph adding a new country
    was held to be a further limitation that must await completion of the
    reading of the bill for amendment (July 23, 2003, p. ----).
      Paragraph (d) provided a new procedure for consideration of
    retrenchment and other limitation amendments only when the reading of a
    general appropriation bill has been completed and only if the Committee
    of the Whole does not adopt a motion to rise and report the bill back to
    the House (H. Res. 5, Jan. 3, 1983, p. 34). In the 104th Congress
    paragraph (d) was amended to limit the availability of its preferential
    motion to rise and report to the Majority Leader or his designee (sec.
    215(a), H. Res. 6, Jan. 4, 1995, p. 468). In the 105th Congress it was
    further amended to make the motion preferential to any motion to amend
    at that stage (H. Res. 5, Jan. 7, 1997, p. 121). Where the reading of a
    general appropriation bill for amendment has been completed (or
    dispensed with), including the last paragraph of the bill containing the
    citation to the short title (July 30, 1986, p. 18214), the Chair (under
    the former form of the rule, which made the preferential motion
    available to any Member) might first inquire whether any Member sought
    to offer an amendment (formerly, one not prohibited by clauses 2(a) or
    (c)) prior to recognizing Members to offer limitation or retrenchment
    amendments (June 2, 1983, p. 14317; Sept. 22, 1983, p. 25406; Oct. 27,
    1983, p. 29630), including pro forma amendments (Aug. 2, 1989, p.
    18126). Pursuant to clause 2(d), a motion that the Committee rise and
    report the bill to the House with such amendments as may have been
    adopted is not debatable (Apr. 23, 1987, p. 9613) and takes precedence
    over any amendment (formerly only over a limitation or retrenchment
    amendment) (July 30, 1985, p. 21534; July 23, 1986, p. 17431; Apr. 23,
    1987, p. 9613), but only after completion of the reading and disposition
    of amendments not otherwise precluded (June 30, 1992, p. 17135). Thus a
    motion that the Committee rise and report the bill to the House with the
    recommendation that it be recommitted, with instructions to report back
    to the House (forthwith or otherwise) with an amendment proposing a
    limitation, does not take precedence over the motion to rise and report
    the bill to the House with such amendments as may have been adopted
    (sustained on appeal, Sept. 19, 1983, p. 24647). An

    [[Page [819]]]

    amendment not only reducing an amount in a paragraph of an appropriation
    bill but also limiting expenditure of those funds on a particular
    project (i.e., a limitation not contained in existing law) was held not
    in order during the reading of that paragraph but only at the end of the
    bill under clause 2(d) (July 23, 1986, p. 17431; June 15, 1988, p.
    14719). Where language of limitation was stricken from a general
    appropriation bill on a point of order that it changed existing law, an
    amendment proposing to reinsert the limitation without its former
    legislative content was held not in order before completion of the
    reading for amendment (Sept. 23, 1993, p. 22214). A motion that the
    Committee of the Whole rise and report to the House with the
    recommendation that the enacting clause be stricken out takes precedence
    over the motion to amend under clause 9 of rule XVIII (former clause 7
    of rule XXIII) and also over the motion to rise and report under clause
    2(d) (July 24, 1986, p. 17641).
      Paragraphs (e) and (f) were added in the 104th Congress (sec. 215, H.
    Res. 6, Jan. 4, 1995, p. 468).
      As the rule <> applies only to general appropriation bills,
    which are not enumerated or defined in the rules (VII, 1116) bills
    appropriating only for one purpose have been held not to be ``general''
    within the meaning of this rule (VII, 1122). Neither a resolution
    providing an appropriation for a single Government agency (Jan. 31,
    1962, p. 1352), nor a joint resolution only containing continuing
    appropriations for diverse agencies to provide funds until regular
    appropriation bills are enacted (Sept. 21, 1967, p. 26370), nor a joint
    resolution providing an appropriation for a single Government agency and
    permitting a transfer of a portion of those funds to another agency
    (Oct. 25, 1979, p. 29627), nor a joint resolution transferring funds
    already appropriated from one specific agency to another (Mar. 26, 1980,
    p. 6716), nor a joint resolution transferring unobligated balances to
    the President to be available for specified purposes but containing no
    new budget authority (Mar. 3, 1988, p. 3239), are ``general
    appropriation bills'' within the purview of this clause.
      A point of order under this rule does not apply to a special order
    reported from the Committee on Rules ``self-executing'' the adoption in
    the House of an amendment changing existing law (July 27, 1993, p.
    17117). By unanimous consent the Committee of the Whole may vacate
    proceedings under specified points of order (June 7, 1991, p. 13973). A
    point of order may be withdrawn as a matter of right (in the Committee
    of the Whole as well as in the House) before action thereon (May 19,
    2000, p. ----).
      Upon the immediate entry by unanimous consent of a 90-minute limit on
    debate on an amendment against which a point of order had been reserved,
    the Chairman of the Committee of the Whole established that the
    reservation would be considered as continued for the duration of debate
    under the time agreement (Nov. 28, 2001, p. ----).
      As all bills making or authorizing appropriations require
    consideration in Committee of the Whole, it follows that the enforcement
    of the rule

    [[Page [820]]]

    must ordinarily occur during consideration in Committee of the Whole,
    where the Chair, in response to a point of order, may rule out any
    portion of the bill in conflict with the rule (IV, 3811; Sept. 8, 1965,
    pp. 23140, 23182). Portions of the bill thus stricken are not reported
    back to the House. Prior to the adoption of clause 1 (former clause 8)
    in the 104th Congress (see Sec. 1035, supra), it was necessary that some
    Member reserve points of order when a general appropriation bill was
    referred to the calendar of the Committee of the Whole House on the
    state of the Union, in order that provisions in violation of the rule
    could be stricken in the Committee (V, 6921-6925; VIII, 3450; Feb. 6,
    1926, p. 3456). Where points of order had been reserved pending a
    unanimous-consent request that the committee be permitted to file its
    report when the House would not be in session, it was not necessary that
    they be reserved again when the report ultimately was presented as
    privileged when the House was in session, as the initial reservation
    carried over to the subsequent filing (Mar. 1, 1983, p. 3241). In an
    instance where points of order were not reserved against an
    appropriation bill when it was reported to the House and referred to the
    Committee of the Whole, points of order in the Committee of the Whole
    against a proposition in violation of this clause were overruled on the
    ground that the Chairman of the Committee of the Whole lacked authority
    to pass upon the question (Apr. 8, 1943, p. 3150, 3153).
      The enforcement of the rule also occurs in the House in that a motion
    to recommit a general appropriation bill may not propose an amendment
    containing legislation (Sept. 1, 1976, p. 28883) or a limitation not
    considered in the Committee of the Whole (Speaker Foley, Aug. 1, 1989,
    p. 17159; Aug. 3, 1989, p. 18546); and such amendment is precluded
    whether the Committee of the Whole has risen and reported automatically
    pursuant to a special rule or, instead, by a motion at the end of the
    reading for amendment (June 22, 1995, p. 16844).
      Points of order against unauthorized appropriations or legislation on
    general appropriation bills may be made as to the whole or only a
    portion of a paragraph (IV, 3652; V, 6881). The fact that a point of
    order is made against a portion of a paragraph does not prevent another
    point of order against the whole paragraph (V, 6882; July 31, 1985, p.
    21895), nor does it prevent another Member from demanding that the
    original point of order be extended to the entire paragraph (July 16,
    1998, p. ----). If a portion of a proposed amendment is out of order, it
    is sufficient for the rejection of the whole amendment (V, 6878-6880).
    If a point of order is sustained against any portion of a package of
    amendments considered en bloc, all the amendments are ruled out of order
    and must be reoffered separately, or those which are not subject to a
    point of order may be considered en bloc by unanimous consent (Sept. 16,
    1981, pp. 20735-38; June 21, 1984, p. 17687; July 26, 2001, p. ----).
    Where a point of order is sustained against the whole of a paragraph the
    whole must go out, but it is otherwise when the point of order is made
    only against a portion (V, 6884, 6885). General appropriation bills are
    read ``scientifically'' only by paragraph headings

    [[Page [821]]]

    and appropriation amounts, and points of order against a paragraph must
    be made before an amendment is offered thereto or before the Clerk reads
    the next paragraph heading and amount (Deschler, ch. 26, Sec. 2.26). A
    point of order against a paragraph under this clause may be made only
    after that paragraph has been read by the Clerk, and not prior to its
    reading pending consideration of an amendment inserting language
    immediately prior thereto (June 6, 1985, pp. 14605, 14609). Where the
    reading of a paragraph of a general appropriation bill has been
    dispensed with by unanimous consent, the Chair inquires whether there
    are points of order against the paragraph before entertaining amendments
    or directing the Clerk to read further, but he does not make such an
    inquiry where the Clerk has actually read the paragraph (May 31, 1984,
    p. 14608). Where a portion of the bill is considered as having been read
    and open to amendment by unanimous consent, points of order against
    provisions in that portion must be made before amendments are offered,
    and may not be reserved (Dec. 1, 1982, p. 28175; May 19, 2000, p. ----;
    July 26, 2003, p. ----). Where a chapter is considered as read by
    unanimous consent and open to amendment at any point, no amendments are
    offered and the Clerk begins to read the next chapter, it is too late to
    make a point of order against a paragraph in the preceding chapter (June
    11, 1985, p. 15181). It is too late to rule out the entire paragraph
    after points of order against specific portions have been sustained and
    an amendment to the paragraph has been offered (June 27, 1974, pp.
    21670-72).
      In the administration of the rule, it is the practice that those
    upholding an item of appropriation should have the burden of showing the
    law authorizing it (IV, 3597; VII, 1179, 1233, 1276; June 23, 2000, p.
    ----). Thus the burden of proving the authorization for appropriations
    carried in a bill, or that the language in the bill constitutes a valid
    limitation which does not change existing law, falls on the proponents
    and managers of the bill (May 28, 1968, p. 15357; Nov. 30, 1982, p.
    28062). Where a provision is susceptible to more than one
    interpretation, that burden may be met by a showing that only the
    requirements of existing law, and not any new requirements, are recited
    in the language (Sept. 23, 1993, p. 22206). The Chair may overrule a
    point of order that appropriations for a certain agency are unauthorized
    upon citation to an organic statute creating the agency, absent any
    showing that the organic law has been overtaken by a scheme of periodic
    reauthorization; the Chair may hear further argument and reverse his
    ruling, however, where existing law not previously called to the Chair's
    attention would require the ruling to be reversed (VIII, 3435; June 8,
    1983, p. 14854, where a law amending the statute creating the Bureau of
    the Mint with the express purpose of requiring annual authorizations was
    subsequently called to the Chair's attention). Reported provisions in a
    general appropriation bill described in the accompanying report as
    directly or indirectly changing the application of existing law are
    presumably legislation, absent rebuttal by the committee (May 31, 1984,
    p. 14591). The burden of proof to show that an appropriation contained
    in an amend

    [[Page [822]]]

    ment is authorized by law is on the proponent of the amendment (May 11,
    1971, p. 14471; Oct. 29, 1991, p. 28791; July 26, 1995, p. 20567; July
    27, 1995, pp. 20808, 20811; July 31, 1995, p. 21207; May 15, 1997, p. --
    --). The burden is on the proponent of an amendment to show that
    language offered under the guise of a limitation does not change
    existing law (July 17, 1975, p. 23239; June 16, 1976, p. 18666; July 18,
    1995, p. 19357; June 24, 2003, p. ----) including the burden to show
    that the duties imposed are merely ministerial or already required under
    existing law (July 26, 1998, p. ----) and, in the case of an amendment
    proposing a double-negative, the burden to show that the object of the
    double-negative is specifically contemplated by existing law (July 23,
    2003, p. ----, p. ----). The burden is on the proponent of an amendment
    to show that the amendment does not increase levels of budget authority
    or outlays within the meaning of clause 2(f) (Oct. 11, 2001, p. ----).
    If the amendment is susceptible to more than one interpretation, it is
    incumbent upon the proponent to show that it is not in violation of the
    rule (Deschler, ch. 26, Sec. 22.26). The mere recitation in an amendment
    that a determination is to be made pursuant to existing laws and
    regulations, absent a citation to the law imposing such responsibility,
    is not sufficient proof by the proponent of an amendment to overcome a
    point of order that the amendment constitutes legislation (Sept. 16,
    1980, p. 25606). The authorization must be enacted before the
    appropriation may be included in an appropriation bill; thus delaying
    the availability of an appropriation pending enactment of an
    authorization does not protect the item of appropriation against a point
    of order under this clause (Apr. 26, 1972, p. 14455).
      The inclusion of funds in a general appropriation bill in the form of
    a ``not to exceed'' limitation does not obviate a point of order that
    the funds are not authorized by law (June 21, 1988, p. 15440). The fact
    that legislative jurisdiction over the subject matter of an amendment
    may rest with the Committee on Appropriations does not immunize the
    amendment from the application of clause 2(c) of rule XXI (July 17,
    1996, p. 17550; July 24, 1996, p. 18898). The ``works in progress
    exception'' under clause 2(a) of rule XXI is a defense to a point of
    order against an unauthorized appropriation reported in a general
    appropriation bill and is not a defense to a point of order under clause
    2(c) of rule XXI that an amendment to an appropriation bill constitutes
    legislation (July 24, 1996, p. 18898).
      For a discussion of perfecting amendments to unauthorized
    appropriations or legislation permitted to remain in a general
    appropriation bill by failure to raise or by waiver of a point of order,
    see Sec. 1057, infra.
      A treaty <> may provide the authorization by existing law required
    in the rule to justify appropriations if it has been ratified by the
    contracting parties (IV, 3587); however, where existing law authorizes
    appropriations for the U.S. share of facilities to be recommended in an
    agreement with another country containing specified elements, an
    agreement in principle with that country predating the authorization law
    and lacking the required

    [[Page [823]]]

    elements is insufficient authorization (June 28, 1993, p. 14421). An
    Executive Order does not constitute sufficient authorization in law
    absent proof of its derivation from a statute enacted by Congress
    authorizing the order and expenditure of funds (June 15, 1973, p. 19855;
    June 25, 1974, p. 21036). Thus a Reorganization Plan submitted by the
    President pursuant to 5 U.S.C. 906 has the status of statutory law when
    it becomes effective and is sufficient authorization to support an
    appropriation for an office created by Executive Order issued pursuant
    to the Reorganization Plan (June 21, 1974, p. 20595). A constitutional
    guarantee of just compensation for a governmental taking of private
    property for public use does not itself constitute suffficient
    authorization by law for appropriations in a general appropriation bill
    for compensation of particular private property owners (July 18, 2001,
    p. ----).
      A resolution of the House has been held sufficient authorization for
    an appropriation for the salary of an employee of the House (IV, 3656-
    3658) even though the resolution may have been agreed to only by a
    preceding House (IV, 3660). Previous enactment of items of appropriation
    unauthorized by law does not justify similar appropriations in
    subsequent bills (VII, 1145, 1150, 1151) unless if through
    appropriations previously made, a function of the Government has been
    established which would bring it into the category of continuation of
    works in progress (VII, 1280), or unless legislation in a previous
    appropriation act has become permanent law (May 20, 1964, p. 11422). The
    omission to appropriate during a series of years for an object
    authorized by law does not repeal the law, and consequently an
    appropriation when proposed is not subject to the point of order (IV,
    3595).
      The law authorizing each head of a department to employ such numbers
    of clerks, messengers, copyists, watchmen, laborers, and other employees
    as may be appropriated for by Congress from year to year is held to
    authorize appropriations for those positions not otherwise authorized by
    law (IV, 3669, 3675, 4739); but this law does not apply to offices not
    within departments or not at the seat of Government (IV, 3670-3674). A
    permanent law authorizing the President to appoint certain staff,
    together with legislative provisions authorizing additional employment
    contained in an appropriation bill enacted for that fiscal year,
    constituted sufficient authorization for a lump sum supplemental
    appropriation for the White House for the same fiscal year (Nov. 30,
    1973, p. 38854). By a general provision of law, appropriations for
    investigations and the acquisition and diffusion of information by the
    Agriculture Department on subjects related to agriculture are generally
    in order in the agricultural appropriation bill (IV, 3649). It has once
    been held that this law would also authorize appropriations for the
    instrumentalities of such investigations (IV, 3615); but these would not
    include the organization of a bureau to conduct the work (IV, 3651). The
    law does not authorize general investigations by the department (IV,
    3652), or cooperation with State investigations (IV, 3650; VII, 1301,
    1302),

    [[Page [824]]]

    or the investigation of foods in relation to commerce (IV, 3647, 3648;
    VII, 1298), or the compiling of tests at an exposition (IV, 3653).
      A paragraph of a general appropriation bill both establishing and
    funding a commission was ruled out as constituting legislation and
    carrying unauthorized appropriations (June 29, 1988, p. 16470). A
    paragraph appropriating funds for matching grants to States was held
    unauthorized where the authorizing law did not require State matching
    funds (June 28, 1993, p. 14418). A paragraph funding a project from the
    Highway Trust Fund was held unauthorized where such funding was
    authorized only from the general fund (Sept. 23, 1993, p. 22175; June
    26, 2001, p. ----; Nov. 28, 2001, p. ----). A paragraph providing funds
    for the President to meet ``unanticipated needs'' was held unauthorized
    (July 16, 1998, p. ----).
      The failure of Congress to enact into law separate legislation
    specifically modifying eligibility requirements for grant programs under
    existing law does not necessarily render appropriations for those
    programs subject to a point of order, where more general existing law
    authorizes appropriations for all of the programs proposed to be
    modified by new legislation pending before Congress (June 8, 1978, p.
    16778). However, whether organic statutes or general grants of authority
    in law constitute sufficient authorization to support appropriations
    depends on whether the general laws applicable to the function or
    department in question require specific or annual authorizations (June
    14, 1978, pp. 17616, 17622, 17626, 17630) or on whether a periodic
    authorization scheme has subsequently occupied the field (Sept. 9, 1997,
    p. ----). An authorization of ``such sums as may be necessary'' is
    sufficient to support any dollar amount, but has no tendency to relieve
    other conditions of the authorization law (June 28, 1993, p. 1442).
    Where existing law authorizes certain appropriations from a particular
    trust fund without fiscal year limitation, language that such an
    appropriation remain available until expended does not constitute
    legislation (July 15, 1993, p. 15848). An amendment to a general
    appropriation bill providing that ``not less than'' a certain amount be
    made available to a program requires an authorization (July 12, 2000, p.
    ----; July 13, 2000, p. ----).
      Pursuant to clause 11(i) of rule X (former clause 9 of rule XLVIII),
    no funds may be appropriated to certain agencies carrying out
    intelligence and intelligence-related activities, unless such funds have
    been authorized by law for the fiscal year in question.
      Judgments of <> courts certified to Congress in accordance with law or
    authorized by treaty (IV, 3634, 3635, 3644) and audited under authority
    of law have been held to be authorization for appropriations for the
    payment of claims (IV, 3634, 3635). However, unadjudicated claims (IV,
    3628), even though ascertained and transmitted by an executive officer
    (IV, 3625-3640), and findings filed under the Bowman Act do not
    constitute authorization (IV, 3643).
      An appropriation for an object not otherwise authorized does not
    constitute authorization to justify a continuance of the appropriation
    another

    [[Page [825]]]

    year (IV, 3588, 3589; VII, 1128, 1145, 1149, 1191), and the mere
    appropriation for a salary does not create an office so as to justify
    appropriations in succeeding years (IV, 3590, 3672, 3697), it being a
    general rule that propositions to appropriate for salaries not
    established by law or to increase salaries fixed by law are out of order
    (IV, 3664-3667, 3676-3679). An exception to these general principles is
    found in the established practice that in the absence of a general law
    fixing a salary the amount appropriated in the last appropriation bill
    has been held to be the legal salary (IV, 3687-3696). A law having
    established an office and fixed a salary, it is not in order to provide
    for an unauthorized office and salary in lieu of it (IV, 3680).
      An <> appropriation
    for a public work in excess of a fixed limit of cost (IV, 3583, 3584;
    VII, 1133), or for extending a service beyond the limits assigned by an
    executive officer exercising a lawful discretion (IV, 3598), or by
    actual law (IV, 3582, 3585), or for purposes prohibited by law are out
    of order (IV, 3580, 3581, 3702), as is an appropriation from the Highway
    Trust Fund where the project is specifically authorized from the general
    fund (Sept. 23, 1993, p. 22175). However, the mere appropriation of a
    sum to complete a work does not fix a limit of cost such as would
    exclude future appropriations (IV, 3761). A declaration of policy in an
    act followed by specific provisions conferring authority upon a
    governmental agency to perform certain functions is not construed to
    authorize appropriations for purposes germane to the policy but not
    specifically authorized by the act (VII, 1200). A point of order will
    not lie against an amendment proposing to increase a lump sum for public
    works projects where language in the bill limits use of the lump sum
    appropriation to projects as authorized by law (Deschler, ch. 26,
    Sec. 19.6), but where language in the bill limits use of the lump sum
    both to projects ``authorized by law'' and ``subject, where appropriate,
    to enactment of authorizing legislation,'' that paragraph constitutes an
    appropriation in part for some unauthorized projects and is not in order
    (June 6, 1985, p. 14617).
      The provision <> excepting public works and objects that are already in
    progress from the requirement that appropriations be authorized by
    existing law (IV, 3578) has historically been applied only in cases of
    general revenue funding (Sept. 22, 1993, p. 22140; Sept. 23, 1993, p.
    22173). An appropriation in violation of existing law or to extend a
    service beyond a fixed limit is not in order as the continuance of a
    public work (IV, 3585, 3702-3724; VII, 1332; Sept. 23, 1993, pp. 22173;
    Deschler, ch. 26, Sec. 8.9). The ``works in progress'' exception may not
    be invoked to fund a project governed by a lapsed authorization and may
    not be invoked to fund a project that is not yet under construction
    (July 31, 1995, p. 21207). Where existing law (40 U.S.C. 606)
    specifically prohibits the making of an appropriation to construct or
    alter any public building involving more than $500,000 unless approved
    by the House and Senate Public Works Commit

    [[Page [826]]]

    tees, an appropriation for such purposes not authorized by both
    committees is out of order notwithstanding the ``works in progress''
    exemption, since the law specifically precludes the appropriation from
    being made (June 8, 1983, p. 14855). An appropriation from the Highway
    Trust Fund for an ongoing project was held not in order under the
    ``works in progress'' exception where the Internal Revenue Code
    ``occupied the field'' with a comprehensive authorization scheme not
    embracing the specified project (Sept. 22, 1993, p. 22140; Sept. 23,
    1993, p. 22173). Interruption of a work does not necessarily remove it
    from the privileges of the rule (IV, 3705-3708); but the continuation of
    the work must not be so conditioned in relation to place as to become a
    new work (IV, 3704). It has been held that a work has not been begun
    within the meaning of the rule when an appropriation has been made for a
    site for a public building (IV, 3785), or when a commission has been
    created to select a site or when a site has actually been selected for a
    work (IV, 3762-3763), or when a survey has been made (IV, 3782-3784). By
    ``public works and objects already in progress'' are meant tangible
    matters like buildings, roads, etc., and not duties of officials in
    executive departments (IV, 3709-3713), or the continuance of a work
    indefinite as to completion and intangible in nature like the gauging of
    streams (IV, 3714, 3715). A general system of roads on which some work
    has been done, or an extension of an existing road (Sept. 22, 1993, p.
    22140), may not be admitted as a work in progress (VII, 1333).
    Concerning reappropriation for continuation of public works in progress,
    see Sec. 1031, supra.
      Thus the <> continuation of the following works has been admitted:
    A topographical survey (IV, 3796, 3797; VII, 1382), a geological map
    (IV, 3795), marking of a boundary line (IV, 3717), marking graves of
    soldiers (IV, 3788), a list of claims (IV, 3717), and recoinage of coins
    in the Treasury (IV, 3807); but the following works have not been
    admitted: Investigation of materials, like coal (IV, 3721), scientific
    investigations (IV, 3719; VII, 1345), duties of a commission (IV, 3720;
    VII, 1344), extension of foreign markets for goods (IV, 3722), printing
    of a series of opinions indefinite in continuance (IV, 3718), free
    evening lectures in the District of Columbia (IV, 3789), certain ongoing
    projects from the Highway Trust Fund (Sept. 22, 1993, pp. 22140; Sept.
    23, 1993, pp. 22173), extension of an existing road (Sept. 22, 1993, p.
    22140), continuation of an extra compensation for ordinary facility for
    carrying the mails (IV, 3808), although the continuation of certain
    special mail facilities has been admitted (IV, 3804-3806). However,
    appropriations for rent and repairs of buildings or Government roads
    (IV, 3793, 3798) and bridges (IV, 3803) have been admitted as in
    continuation of a work (IV, 3777, 3778), although it is not in order as
    such to provide for a new building in place of one destroyed (IV, 3606).
    It is not in order to repair paving adjacent to a public building but in
    a city street, although it may have been laid originally by the
    Government (IV, 3779). The purchase of adjoining land for a work already
    established has been admitted under this principle (IV, 3766-3773) and
    also

    [[Page [827]]]

    additions to existing buildings in cases where no limits of cost have
    been shown (IV, 3774, 3775). However, the purchase of a separate and
    detached lot of land is not admitted (IV, 3776). The continuation of
    construction at the Kennedy Library, a project owned by the United
    States and funded by a prior year's appropriation, has been admitted
    notwithstanding the absence of any current authorization (June 14, 1988,
    p. 14335). A provision of law authorizing Commissioners of the District
    of Columbia to take over and operate the fish wharves of the city of
    Washington was held insufficient authority to admit an appropriation for
    reconstructing the fish wharf (VII, 1187).
      Appropriations for <> new buildings at
    Government institutions have sometimes been admitted (IV, 3741-3750)
    when intended for the purposes of the institution (IV, 3747); but later
    decisions, in view of the indefinite extent of the practice made
    possible by the early decisions, have ruled out propositions to
    appropriate for new buildings in navy yards (IV, 3755-3759) and other
    establishments (IV, 3751-3754). Appropriations for new schoolhouses in
    the District of Columbia (IV, 3750; VII, 1358), for new Army hospitals
    (IV, 3740), for new lighthouses (IV, 3728), armor-plate factories (IV,
    3737-3739), and for additional playgrounds for children in the District
    of Columbia (IV, 3792) have also been held not to be in continuation of
    a public work.
      By a former <> broad construction of the rule an
    appropriation of a new and not otherwise authorized vessel of the Navy
    had been held to be a continuance of a public work (IV, 3723, 3724); but
    this line of decisions has been overruled (VII, 1351; Jan. 22, 1926, p.
    2621). While appropriations for new construction and procurement of
    aircraft and equipment for the Navy are not in order, appropriations for
    continuing experiments and development work on all types of aircraft are
    in order (Jan. 22, 1926, p. 2623). This former interpretation was
    confined to naval vessels, and did not apply to vessels in other
    services, like the Coast and Geodetic Survey or Lighthouse Service (IV,
    3725, 3726), or to floating or stationary drydocks (IV, 3729-3736). The
    construction of a submarine cable in extension of one already laid was
    held not to be the continuation of a public work (IV, 3716), but an
    appropriation for the Washington-Alaska military cable has been held in
    order (VII, 1348).
      A <> provision changing
    existing law is construed to mean the enactment of law where none exists
    (IV, 3812, 3813). For example, the following provisions have been held
    out of order: (1) permitting funds to remain available until expended or
    beyond the fiscal year covered by the bill where existing law does not
    permit such availability (Aug. 1, 1973, p. 27288); (2) permitting funds
    to be available immediately upon enactment prior to the fiscal year
    covered by the bill (July 29, 1986, p. 17981; June 28, 1988, p. 16255);
    (3) permitting funds to be available to the extent provided in advance
    in appropriation

    [[Page [828]]]

    Acts but not explicitly beyond the fiscal year in question (July 21,
    1981, p. 16687); or (4) setting a floor on spending that is not
    established by existing law (July 23, 2003, p. ----).
      Although clause 2(b) permits the Committee on Appropriations to report
    rescissions of appropriations, an amendment proposing a rescission
    constitutes legislation under clause 2(c) (May 26, 1993, p. 11319), as
    does a provision proposing a rescission of contract authority (July 29,
    1998, p. ----). A proposal to amend existing law to provide for
    automatic continuation of appropriations in the absence of timely
    enactment of a regular appropriation bill constitutes legislation in
    contravention of clause 2(c) (July 17, 1996, p. 17550; July 24, 1996, p.
    18898). A proposal to designate an appropriation as ``emergency
    spending'' within the meaning of the budget-enforcement laws is
    fundamentally legislative in character (Sept. 8, 1999, pp. ----; June
    19, 2000, p. ---- (sustained on appeal); June 20, 2001, p. ----).
    Similarly, a provision containing an averment necessary to qualify for
    certain scorekeeping under the Budget Act was conceded to be legislation
    (July 20, 1989, p. 15374), even though the Budget Act contemplates that
    expenditures may be mandated to occur before or following a fiscal
    period if the law making those expenditures specifies that the timing is
    the result of a ``significant'' policy change (July 20, 1989, p. 15374).
      Although the object to be appropriated for may be described without
    violating the rule (IV, 3864), an amendment proposing an appropriation
    under a heading that indicates an unauthorized purpose as its object has
    been ruled out (Oct. 29, 1991, p. 28814). For example, an amendment
    proposing to make certain funds available for a specified report not
    contemplated by existing law was held to constitute legislation in
    violation of clause 2(c) (June 13, 2000, p. ----). The fact that a
    legislative item has been carried in appropriation bills for many years
    does not exempt it from a point of order (VII, 1445, 1656). The
    reenactment from year to year of a law intended to apply during the year
    of its enactment only is not relieved, however, from the point that it
    is legislation (IV, 3822). Limits of cost for public works may not be
    made or changed (IV, 3761, 3865-3867; VII, 1446), or contracts
    authorized (IV, 3868-3870; May 14, 1937, p. 4595).
      The Chair may examine legislative history established during debate on
    an amendment against which a point of order has been reserved to resolve
    any ambiguity therein when ruling on the eventual point of order (June
    14, 1978, p. 17651), and may inquire after its author's intent when
    attempting to construe an ambiguous amendment (Oct. 29, 1991, p. 28818).
      An amendment to a general appropriation bill stating a legislative
    position constitutes legislation (July 24, 2001, p. ----).
      Although the <> rule forbids a provision ``changing existing law,'' the
    House, by practice, has established the principle that certain
    ``limitations'' may be admitted. Just as the House may decline to
    appropriate for a purpose authorized by law, so may it by limitation
    prohibit the use of the money

    [[Page [829]]]

    for part of the purpose while appropriating for the remainder of it (IV,
    3936; VII, 1595). The language of the limitation provides that some or
    all of the appropriation under consideration may not be used for a
    certain designated purpose (IV, 3917-3926; VII, 1580). This designated
    purpose may reach the question of qualifications, for while it is not in
    order to legislate as to the qualifications of the recipients of an
    appropriation (Deschler, ch. 26, Sec. Sec. 53, 57.15), the House may
    specify that no part of the appropriation may go to recipients lacking
    certain qualifications (IV, 3942-3952; VII, 1655; June 4, 1970, p.
    18412; June 27, 1974, p. 21662; Oct. 9, 1974, p. 34712; June 9, 1978, p.
    16990).
      A limitation amendment prohibiting the use of funds for the
    construction of certain facilities unless such construction were subject
    to a project agreement was held not in order during the reading of the
    bill, even though existing law directed Federal officials to enter into
    such project agreements, on the ground that limitation amendments are in
    order during the reading only where existing law requires or permits the
    inclusion of limiting language in an appropriation Act, and not merely
    where the limitation is alleged to be ``consistent with existing law''
    (June 28, 1988, p. 16267).
      A limitation may place some minimal, incidential duties on Federal
    officials, who must determine the effect of such a limitation on
    appropriated funds. However, a provision may not impose additional
    duties not required by law, either explicitly or implicitly, or make the
    appropriation contingent upon the performance of such duties (VII, 1676;
    June 11, 1968, p. 16712; July 31, 1969, pp. 21631-33; May 28, 1968, p.
    15350; July 26, 1985, p. 20807; see Sec. 1054, infra). The fact that a
    limitation may indirectly interfere with an executive official's
    discretionary authority by denying the use of funds (June 24, 1976, p.
    20408) or may impose certain incidental burdens on executive officials
    (Aug. 25, 1976, p. 27737) does not destroy the character of the
    limitation as long as it does not otherwise amend existing law and is
    descriptive of functions and findings already required to be undertaken
    by existing law. For example, a limitation precluding funds for
    specified Federal departments to file certain motions in specified civil
    actions (all matters of public record in the litigation and therefore
    available to responsible intervening Federal officials) was held to be a
    proper limitation (July 18, 2001, p. ----).
      The limitation must apply solely to the money of the appropriation
    under consideration (VII, 1597, 1600, 1720; Feb. 26, 1958, p. 2895), and
    may not be made applicable to money appropriated in other Acts (IV,
    3927, 3928; VII, 1495, 1525; June 28, 1971, p. 22442; June 27, 1974, pp.
    21670-72; May 13, 1981, p. 9663), and may not require funds available to
    an agency in any future fiscal year for a certain purpose to be subject
    to limitations specified in advance in appropriations Acts (May 8, 1986,
    p. 10156). The tendency of a limitation to change existing law is
    measured against the state of existing law ``for the period of the
    limitation,'' such that the presence of the same limitation in the
    annual bill for the previous fiscal

    [[Page [830]]]

    year does not justify its inclusion in the pending annual bill (Sept.
    22, 1983, p. 25406, June 26, 2000, p. ----).
      A restriction on authority to incur obligations is legislative in
    nature and not a limitation on funds (July 13, 1987, p. 19507; Sept. 23,
    1993, p. 22204). For example, a limitation on the authority of the
    Commodity Credit Corporation to purchase sugar is legislative in nature
    and not a limitation on funds (June 29, 2000, p. ----).
      In construing a proposed limitation, the Chair may examine whether the
    purpose of the limitation is legislative. For example, a limitation
    accompanied by language stating a legislative motive or purpose is not
    in order (Aug. 8, 1978, p. 24969; July 22, 1980, p. 19087; Sept. 16,
    1980, p. 25604; Sept. 22, 1981, p. 21577). Similarly, where existing law
    and the Constitution require a census to be taken of all persons, an
    amendment that seeks to preclude the use of funds to exclude another
    class ``known'' to the Secretary is not in order (Aug. 1, 1989, p.
    17156). However, language may, by negatively refusing to include funds
    for all or part of an authorized executive function, thereby affect
    policy and restrict executive discretion to the extent of its denial of
    availability of funds (IV, 3968-3972; VII, 1583, 1653, 1694; Sept. 14,
    1972, p. 30749; June 21, 1974, p. 20601; Oct. 9, 1974, p. 34716). For
    example, an appropriation may be withheld from a designated object by a
    negative limitation on the use of funds, notwithstanding that contracts
    may be left unsatisfied thereby (IV, 3987; July 10, 1975, p. 22005).
      The Chair has stated that a limitation amendment that comprises a
    textual ``double-negative'' (the coupling of a denial of an
    appropriation with a negative restriction on official duties) is suspect
    and may result in an affirmative direction or an affirmative statement
    of intent that constitutes legislation and is therefore not in order
    (VII, 1690-1692; Deschler, ch. 26, Sec. 51.15 (note); July 23, 2003, p.
    ----). For example, the following have been held out of order for using
    a double-negative: (1) a provision to limit funds to prohibit the
    obligation of funds up to a specified amount for an unauthorized
    transportation project (effectively authorizing an unauthorized project)
    (Sept. 23, 1993, p. 22209); (2) an amendment to limit funds to prohibit
    projects that promote the participation of women in international peace
    efforts, such promotion not specifically contemplated by law (July 23,
    2003, p. ----); (3) an amendment to limit funds to prohibit the
    establishment of an independent commission not contemplated by existing
    law (July 23, 2003, p. ----). In order to carry the burden of proof on
    an amendment proposing a double-negative, a Member must be able to show
    that the object of the double-negative is specifically contemplated by
    existing law (July 23, 2003, p. ----, p. ----).
      It is not in order, even by language in the form of a limitation, to
    restrict not the use or amount of appropriated funds but the
    discretionary authority conferred by law to administer their
    expenditure, such as by limiting the percentage of funds that may be
    apportioned for expenditure within a certain period of time (Deschler,
    ch. 26, Sec. 51.23), or by precluding the obliga

    [[Page [831]]]

    tion of certain funds until funds provided by another Act have been
    obligated (Deschler, ch. 26, Sec. 48.8). The burden is on the proponent
    to show that such a proposal does not change existing law by restricting
    the timing of the expenditure of funds rather than their availability
    for specified objects (Deschler, ch. 26, Sec. Sec. 64.23 and 80.5).
      As long as a limitation merely restricts the expenditure of Federal
    funds carried in the bill without changing existing law, the limitation
    is in order, even if the Federal funds in question are commingled with
    non-Federal funds that would have to be accounted for separately in
    carrying out the limitation (Aug. 20, 1980, p. 22171).
      The fact that existing law authorizes funds to be available until
    expended or without regard to fiscal year limitation does not prevent
    the Committee on Appropriations from limiting their availability to the
    fiscal year covered by the bill unless existing law mandates
    availability beyond the fiscal year (June 25, 1974, p. 21040; see also
    Deschler, ch. 26, Sec. 32). The fact that a provision would constitute
    legislation for only a year does not make it a limitation in order under
    the rule (IV, 3936).
      A proposition to construe a law may not be admitted (IV, 3936-3938,
    see Sec. 1055, infra). Care also should be taken that the language of
    limitation be not such as, when fairly construed, would change existing
    law (IV, 3976-3983) or justify an executive officer in assuming an
    intent to change existing law (IV, 3984; VII, 1706).
      Although the Committee on Appropriations may include in a general
    appropriation bill language not in existing law limiting the use of
    funds in the bill, if such language also constitutes an appropriation it
    must be authorized by law (June 21, 1988, p. 15439). An amendment
    placing a limitation on funds for activities unrelated to the functions
    of departments and agencies addressed by the bill is not germane under
    clause 7 of rule XVI (July 10, 2000, p. ----).
      Propositions to <> establish affirmative directions for executive
    officers (IV, 3854-3859; VII, 1443; July 31, 1969, p. 21675; June 18,
    1979, p. 15286; July 1, 1987, pp. 18654 and 18655; June 27, 1994, p.
    14572), even in cases where they may have discretion under the law so to
    do (IV, 3853; June 4, 1970, p. 18401; Aug. 8, 1978, p. 24959), or to
    affirmatively take away an authority or discretion conferred by law (IV,
    3862, 3863; VII, 1975; Mar. 30, 1955, p. 4065; June 21, 1974, p. 20600;
    July 31, 1985, p. 21909), are subject to a point of order.
      Where language implicitly places new duties on officers of the
    Government or implicitly requires them to make investigations, compile
    evidence, or make judgments and determinations not otherwise required of
    them by law, such as to judge intent or motives, then it assumes the
    character of legislation and is subject to a point of order (July 31,
    1969, pp. 21653, 21675, where the words ``in order to overcome racial
    imbalance'' were held to impose additional duties, and Nov. 30, 1982, p.
    28062, where the words ``to interfere with'' the rulemaking authority of
    any regulatory agency were

    [[Page [832]]]

    held to implicitly require the Office of Management and Budget to make
    determinations not discernibly required by law in evaluating and
    executing its responsibilities).
      An amendment authorizing the President to reduce each appropriation in
    the bill by not more than 10 percent was ruled out as legislation
    conferring new authority on the President (May 31, 1984, p. 14617; June
    6, 1984, p. 15120). The fact that an executive official may have been
    directed by an Executive Order to consult another executive official
    prior to taking an action does not permit inclusion of language
    directing the official being consulted to make determinations not
    specifically required by law (July 22, 1980, p. 19087).
      A limitation may not: (1) be applied directly to the official
    functions of executive officers (IV, 3957-3966; VII, 1673, 1678, 1685),
    (2) directly interfere with discretionary authority in law by
    establishing a level of funding below which expenditures may not be made
    (VII, 1704; July 20, 1978, p. 21856), (3) condition the availability of
    funds or the exercise of contract authority upon an interpretation of
    local law where that interpretation is not required by existing law
    (July 17, 1981, p. 16327); (4) require new determinations of full
    Federal compliance with mandates imposed upon States (July 22, 1981, p.
    16829); (5) require the evaluation of the theoretical basis of a program
    (July 22, 1981, p. 16822); (6) require new determinations of propriety
    or effectiveness (Oct. 6, 1981, p. 23361; May 25, 1988, p. 12275), or
    satisfactory quality (Aug. 1, 1986, p. 18647); (7) incorporate by
    reference determinations already made in administrative processes not
    affecting programs funded by the bill (Oct. 6, 1981, p. 23361); (8)
    require new determinations of rates of interest payable (July 29, 1982,
    p. 18624; Dec. 9, 1982, p. 29691); (9) apply standards of conduct to
    foreign entities where existing law requires such conduct only by
    domestic entities (July 17, 1986, p. 16951); (10) require the
    enforcement of a standard where existing law only requires inspection of
    an area (July 30, 1986, p. 18189); (11) prohibit the availability of
    funds for the purchase of ``nondomestic'' goods and services (Sept. 12,
    1986, p. 23178); (12) mandate contractual provisions (May 18, 1988, p.
    11389); and (13) authorize the adjustment of wages of Government
    employees (June 21, 1988, p. 15451; Apr. 26, 1989, p. 7525) or permit an
    increase in Members' office allowances only ``if requested in writing''
    (Oct. 21, 1990, p. 31708); (14) convert an existing legal prerequisite
    for the issuance of a regulatory permit into a prerequisite for even the
    preliminary processing of such a permit (July 22, 1992, p. 18825); (15)
    mandate reductions in various appropriations by a variable percentage
    calculated in relation to ``overhead'' (Deschler, ch. 26, Sec. 5.6; June
    24, 1992, p. 16110); (16) require an agency to investigate and determine
    whether private airports are collecting certain fees for each enplaning
    passenger (Sept. 23, 1993, p. 22213); (17) require an agency to
    investigate and determine whether a person or entity entering into a
    contract with funds under the pending bill is subject to a legal
    proceeding commenced by the Federal Government and alleging fraud (Sept.
    17, 1997, p. ----); (18) require an agency to deter

    [[Page [833]]]

    mine whether building services are ``usually'' provided through the
    Federal Building Fund to an agency not paying a level of assessment
    specified elsewhere (and not necessarily applicable) (July 16, 1998, p.
    ----); (19) require a determination of ``successor agency'' status
    (Sept. 26, 1997, p. ----); (20) require a determination whether a
    delegate or envoy to the United Nations has ``advocated'' the adoption
    of a certain convention (June 26, 2000, p. ----); (21) require tests or
    reports not required under existing law (May 19, 2000, p. ----); (22)
    impose a new duty to tally violations of law by contractors where
    existing law required information on violations but not on the number
    thereof (June 7, 2000, p. ----); (23) require an investigation of the
    conscription requirements of other nations (July 13, 2000, p. ----);
    (24) require a determination whether ``efforts'' have been made to
    change any nation's laws regarding abortion, family planning, or
    population control (July 13, 2000, p. ----); (25) impose a new duty to
    calculate the ``total amount'' of payments under a Federal program paid
    to a husband and wife (to determine whether an exception to an otherwise
    valid limitation would apply) (July 11, 2001, p. ----); (26) require an
    investigation into the extent to which World Trade Organization
    challenges against foreign laws and policies promote access to certain
    pharmaceuticals (July 18, 2001, p. ----); (27) require an investigation
    into whether an applicant for immigration has been involved in the
    harvesting of organs (July 18, 2001, p. ----); (28) require the
    Inspector General to opine on audited financial statements of certain
    components of the Department of Defense where the issuance of such
    opinion was not shown to be required by existing law (June 27, 2002, p.
    ----); (29) require the examination of certain legislative reports to
    determine whether an entity is specifically identified by name (July 17,
    2002, p. ----); (30) require several agencies to process certain
    information where current law required only one specific agency to
    process that information (June 24, 2003, p. ----); (31) in the case of a
    limitation with respect to certain roads on public land, require a
    determination of the precise nature of those roads including their
    ownership and the types of vehicles allowed to travel on them (July 17,
    2003, p. ----); (32) require a determination that certain trade
    agreements achieved generic undefined policy goals that were not set
    forth in existing law (July 23, 2003, p. ----).
      On the other hand, the following limitations have been held in order
    as not placing new duties on Federal officials: (1) denying the use of
    funds to pay the salaries of Federal officials who perform certain
    functions under existing law if the description of those duties
    precisely follows existing law and does not require them to perform new
    duties (June 24, 1976, p. 20373); (2) denying the use of funds to a
    Federal official not in compliance with an existing law that he is
    charged with enforcing (Sept. 10, 1981, p. 20110); (3) reducing the
    availability of funds for trade adjustment assistance by amounts of
    unemployment insurance entitlements where the law establishing trade
    adjustment assistance already required the disbursing agency to take
    into consideration levels of unemployment insurance in de

    [[Page [834]]]

    termining payment levels (June 18, 1980, p. 15355); (4) denying use of
    funds to carry out (or pay the salaries of persons who carry out)
    tobacco crop and insurance programs (July 20, 1995, p. 19798); (5)
    denying the use of funds for any transit project exceeding a specified
    cost-effectiveness index where the Chair was persuaded that the
    limitation applied to projects for which indexes were already required
    by law (Sept. 23, 1993, p. 22206); (6) denying the use of funds to
    enforce FAA regulations to require domestic air carriers to surrender
    more than a specified number of ``slots'' at a given airport in
    preference of international air carriers where the Chair was persuaded
    that existing regulations already required the FAA to determine the
    origin of withdrawn slots (Sept. 23, 1993, p. 22212); (7) denying the
    use of funds for troops ``except in time of war'' (Deschler, ch. 26,
    Sec. 70.1) or ``except in time of emergency'' (VII, 1657, which was the
    basis for the preceding ruling); (8) denying the use of funds to
    implement any sanction imposed by the United States on private
    commercial sales of agricultural commodities, medicine, or medical
    supplies to Cuba except for a sanction imposed pursuant to agreement
    with one or more other countries (July 20, 2000, p. ----); (9) denying
    the use of funds by the Forest Service to construct roads or prepare
    timber sales in certain roadless areas where the executive was already
    charged by law with ongoing responsibility to maintain a comprehensive
    and detailed inventory of all land and renewable resources of the
    National Forest System (July 18, 1995, p. 19357); (10) denying use of
    funds to eliminate an existing legal requirement for sureties on custom
    bonds (June 27, 1984, p. 19101); (11) denying use of funds by any
    Federal official in any manner that would prevent a provision of
    existing law from being enforced (relating to import restrictions) (June
    27, 1984, p. 19101); (12) denying use of funds for any reduction in the
    number of Customs Service regions or for any consolidation of Customs
    Service offices (June 27, 1984, p. 19102); (13) denying use of funds for
    specified Federal departments to file certain motions in specified civil
    actions (all matters of public record in the litigation and therefore
    available to responsible intervening Federal officials) (July 18, 2001,
    p. ----).
      A paragraph prohibiting the use of funds to perform abortions except
    where the mother's life would be endangered if the fetus were carried to
    term (or where the pregnancy was a result of rape or incest) is
    legislation, since requiring Federal officials to make new
    determinations and judgments not required of them by law, regardless of
    whether private or State officials administering the funds in question
    routinely make such determinations (June 17, 1977, p. 1969; June 30,
    1993, p. 14871; July 16, 1998, p. ----). The fact that such a provision
    relating to abortion funding may have been included in appropriation
    Acts in prior years applicable to funds in those laws does not permit
    the inclusion of similar language requiring such determinations, not
    required by law, with respect to funds for the fiscal year in question
    (Sept. 22, 1983, p. 25406); and where the provision, applicable to
    Federal funds, was permitted to remain in a bill (no point of order
    having been made), an amendment striking the word ``Federal,''

    [[Page [835]]]

    and thereby broadening the provision to include District of Columbia
    funds as well, was ruled out (Nov. 15, 1989, p. 29004). However, to such
    a provision permitted to remain in a general appropriation bill, an
    amendment ``merely perfecting'' the exemption to address cases where the
    health of the mother would be endangered if the fetus were carried to
    term was held not to constitute further legislation by requiring a
    different or more onerous determinations (June 27, 1984, p. 19113). An
    amendment providing that no Federal funds provided in the District of
    Columbia general appropriation bill be used to perform abortions is not
    legislation, since Federal officials have the responsibility to account
    for all appropriations for the annual Federal payment and for
    disbursement of all taxes collected by the District of Columbia,
    pursuant to the D.C. Code (July 17, 1979, p. 19066).
      An exception to a limitation on funds for the Office of Personnel
    Management to enter contracts for health benefit plans that required
    determinations of ``equivalence'' of benefits was held to impose new
    duties (July 16, 1998, p. ----). However, an exception to a similar
    limitation that merely excepted certain specified coverage and plans was
    held not to impose new duties (July 16, 1998, p. ----). Similarly, a
    limitation denying the use of funds in an appropriation bill for the
    General Services Administration to dispose of Federally owned
    ``agricultural'' land declared surplus was held to impose new duties
    since the determination whether surplus lands are ``agricultural'' was
    not required by law (Aug. 20, 1980, pp. 22156-58). However, a limitation
    denying the use of funds for any transit project exceeding a specified
    cost-effectiveness index was held not to impose new duties where the
    Chair was persuaded that the limitation applied to projects for which
    indexes were already required by law (Sept. 23, 1993, p. 22206).
      Over a period dating from 1908, the House had developed a line of
    precedent to the effect that language restricting the availability of
    funds in a general appropriation bill could be a valid limitation if,
    rather than imposing new duties on a disbursing official or requiring
    new determinations of that official, it and passively addressed the
    state of knowledge of the official (VII, 1695; cf. Aug. 1, 1989, p.
    17156, and June 22, 1995, p. 16844 (limitations in recommittal ruled out
    on basis of form rather than of legislative content)). This reasoning
    culminated in a ruling in the 104th Congress admitting as a valid
    limitation an amendment prohibiting the use of funds in the bill to
    execute certain accounting transactions when specified conditions were
    ``made known'' to the disbursing official (July 17, 1996, p. 17542). In
    the 105th Congress this entire line of precedent was overtaken by
    changes in paragraphs (b) and (c) of this clause that treat as
    legislation a provision that makes funding contingent on whether
    circumstances not determinative under existing law are ``known'' (H.
    Res. 5, Jan. 7, 1997, p. 121; July 15, 1997, p. ----; July 24, 1997, p.
    ----).

    [[Page [836]]]

      An amendment <> making an appropriation contingent upon a recommendation
    (June 27, 1979, p. 17054) or action not specifically required by law is
    legislation; such as a provision limiting the use of funds in a bill
    ``unless'' or ``until'' an action contrary to existing law is taken
    (Deschler, ch. 26, Sec. 47.1; July 24, 1996, p. 18888). Where existing
    law requires an agency to furnish certain information to congressional
    committees upon request, without a subpoena, it is not in order to make
    funding for that agency contingent upon its furnishing information to
    subcommittees upon request (July 29-30, 1980, p. 20475), or contingent
    upon submission of an agreement by a Federal official to Congress and
    congressional review thereof (July 31, 1986, p. 18370). Similarly, it is
    not in order to condition funds on legal determinations to be made by a
    Federal court and an executive department (June 28, 1988, p. 16261; see
    Deschler, ch. 26, Sec. 47.2).
      Provisions making the availability of funds contingent upon subsequent
    congressional action have, under the most recent precedents, been ruled
    out as legislation (June 30, 1942, p. 5826; May 15, 1947, p. 5378; June
    27, 1994, p. 14613). However, a limitation on the use of funds to buy
    real estate or establish new offices except where Congress had approved
    and funded such activity (June 18, 1991, p. 15218) was held in order.
      The following provisions have been ruled out as legislation: (1)
    making the availability of certain funds contingent upon subsequent
    congressional action on legislative proposals resolving the policy issue
    (Nov. 18, 1981, p. 28064); (2) making the availability of funds
    contingent upon subsequent enactment of legislation containing specified
    findings (Nov. 2, 1983, p. 30503); and (3) changing a permanent
    appropriation in existing law to restrict its availability until all
    general appropriation bills are presented to the President (June 29,
    1987, p. 18083). A section in a general appropriation bill directly
    contravening existing law to subject the use of local funds to
    congressional approval was held to constitute legislation where it was
    shown that some local (District of Columbia) funds deriving from
    interest accounts were available to the Financial Control Board without
    subsequent congressional approval (Aug. 6, 1998, p. ----).
      Two rulings upholding the admissibility of amendments making the
    availability of funds contingent upon subsequent congressional action
    have been superseded by the precedents cited above (June 11, 1968, p.
    16692; Sept. 6, 1979, p. 23360).
      The following provisions also have been held to be legislation as they
    required: (1) a congressional committee to promulgate regulations to
    limit the use of an appropriation (June 13, 1979, p. 14670), or
    otherwise to direct the activities of a committee (June 24, 1992, pp.
    16087); (2) the Selective Service Administration to issue regulations to
    bring its classifications into conformance with a Supreme Court decision
    (July 20, 1989, p. 15405); and (3) a change in a rule of the House (IV,
    3819). A provision constituting congressional disapproval of a deferral
    of budget authority proposed by

    [[Page [837]]]

    the President pursuant to the Impoundment Control Act is not in order if
    included in a general appropriation bill rather than in a separate
    resolution of disapproval under that Act (July 29, 1982, pp. 18625,
    18626). An amendment making the availability of funds contingent upon a
    substantive determination by a State or local government official or
    agency that is not otherwise required by existing law has been ruled out
    as legislation (July 25, 1985, p. 20569).
      A provision <> proposing to construe existing law is itself legislative and
    therefore not in order (IV, 3936-3938; May 2, 1951, p. 4747; July 26,
    1951, p. 8982). However, an official's general responsibility to
    construe the language of a limitation on the use of funds, absent
    imposition of an affirmative direction not required by law, does not
    destroy the validity of a limitation (June 27, 1974, pp. 21687-94).
      Where it is asserted that duties ostensibly occasioned by a limitation
    are already imposed by existing law, the Chair may take cognizance of
    judicial decisions and rule the limitation out on the basis that the
    case law is not uniform, current, or finally dispositive (June 16, 1977,
    pp. 19365-74; June 7, 1978, p. 16676). For example, a limitation
    prohibiting the use of funds for an inspection conducted by a regulatory
    agency without a search warrant has been held out of order as imposing a
    new duty not uniformly required by case law (June 16, 1977, pp. 19365-
    74). Similarly, an amendment denying the use of funds for an agency to
    apply certain provisions of law under court decisions in effect on a
    prior date has been held out of order as requiring the official to apply
    noncurrent case law (June 7, 1978, p. 16655).
      A provision prescribing a rule of construction is legislation
    (Deschler, ch. 26, Sec. 25.15). For example, a provision prescribing a
    prospective rule of construction for possible (future) tax enactments
    was held to constitute legislation (June 21, 2000, p. ----). Similarly,
    a provision construing a limitation in a bill by affirmatively declaring
    the meaning of the prohibition is legislation (May 17, 1988, p. 11305);
    and a provision prescribing definitions for terms contained in a
    limitation may be legislation (Deschler, ch. 26, Sec. Sec. 25.7, 25.11).
    Language excepting certain appropriations from the sweep of a broader
    limitation may be in order (Deschler, ch. 26, Sec. 25.2). It also has
    been held in order to except from the operation of a specific limitation
    on expenditures certain of those expenditures that are authorized by law
    by prohibiting a construction of the limitation in a way that would
    prevent compliance with that law (Deschler, ch. 26, Sec. 25.10; June 18,
    1991, p. 15218). Similarly, a limitation on certain payments to persons
    in ``excess of $500,'' but stating that the limitation would not be
    ``construed to deprive any share renter of payments'' to which he might
    otherwise be entitled was held in order (Deschler, ch. 26, Sec. 66.1);
      The mere recitation in an amendment that a determination is to be made
    pursuant to existing laws and regulations, absent a citation to the law
    imposing such responsibility, is not sufficient proof by the proponent
    of

    [[Page [838]]]

    an amendment to overcome a point of order that the amendment constitutes
    legislation (Sept. 16, 1980, p. 25606; May 8, 1986, p. 10156). A
    limitation denying the use of funds to apply certain provisions of the
    Internal Revenue Code other than under regulations in effect on a prior
    date is legislation since requiring an official to apply regulations no
    longer current in order to render an appropriation available (June 7,
    1978, p. 16655; Aug. 19, 1980, pp. 21978-80). However, an exception to a
    limitation on the use of funds for designated Federal activities that
    were already authorized by law in more general terms, was held in order
    as not containing legislation (June 27, 1979, pp. 17033-35).
      Language waiving provisions of an existing law that did not
    specifically permit inclusion of such a waiver in an appropriation bill
    has been ruled out (Nov. 13, 1975, p. 36271; June 20, 1996, p. 14847;
    Mar. 29, 2000, p. ----; May 19, 2000, p. ----, p. ----; June 13, 2000,
    p. ----), as has language identical to that contained in an
    authorization bill previously passed by the House but not yet signed
    into law (Aug. 4, 1978, p. 24436), or a proposition for repeal of
    existing law (VII, 1403).
      Existing law may be repeated verbatim without violating the rule (IV,
    3814, 3815), but the slightest change of the text renders it liable to a
    point of order (IV, 3817; VII, 1391, 1394; June 4, 1970, p. 18405). It
    is in order to include language descriptive of authority provided in law
    for the operation of Government agencies and corporations so long as the
    description is precise and does not change that authority in any respect
    (June 15, 1973, p. 19843; Aug. 3, 1978, p. 24249); although language
    merely reciting the applicability of current law to the use of earmarked
    funds is permitted, a provision that elevates existing guidelines to
    mandates for spending has been ruled out (July 12, 1989, p. 14432).
      As it is in order by way of limitation to deny the use of funds for
    implementation of an Executive Order, an amendment precisely describing
    the contents of the Executive Order does not constitute legislation
    solely for that reason (Mar. 16, 1977, p. 7748). The fact that the
    regulation for which funds are denied may have been promulgated pursuant
    to court order and pursuant to constitutional provisions is an argument
    on the merits of the amendment and does not render it legislative in
    nature (Aug. 19, 1980, pp. 21981-84). An amendment prohibiting the use
    of funds to carry out any ruling of the Internal Revenue Service that
    rules that taxpayers are not entitled to certain charitable deductions
    was held in order as a limitation, since merely descriptive of an
    existing ruling already promulgated and not requiring any new
    determinations as to the applicability of the limitation to other
    categories of taxpayers (July 16, 1979, pp. 18808-10).
      An amendment proposing to increase budget authority and to offset that
    increase by proposing a change in the application of the Internal
    Revenue Code of 1986 was held to constitute legislation (Sept. 8, 1999,
    p. ----; June 24, 2003, p. ---- (sustained on appeal); July 10, 2003, p.
    ----).

    [[Page [839]]]

      A provision <> that mandates
    a distribution of funds in contravention of an allocation formula in
    existing law is legislation (July 29, 1982, pp. 18637, 18638; Oct. 5,
    1983, p. 27335; Aug. 2, 1989, p. 18123; July 24, 1995, p. 20141), as is
    an amendment that by such a mandate interferes with an executive
    official's discretionary authority (Mar. 12, 1975, p. 6338), as in an
    amendment requiring not less than a certain sum to be used for a
    particular purpose where existing law does not mandate such expenditure
    (June 18, 1976, p. 19297; July 29, 1982, p. 18623), or where an
    amendment earmarks appropriated funds to the arts to require their
    expenditure pursuant to standards otherwise applicable only as
    guidelines (July 12, 1989, p. 14432). Where existing law directed a
    Federal official to provide for sale of certain Government property to a
    private organization in ``necessary'' amounts, an amendment providing
    that no such property be withheld from distribution from qualifying
    purchasers was legislation, since requiring disposal of all property and
    restricting discretionary authority to determine ``necessary'' amounts
    (Aug. 7, 1978, p. 24707). An amendment directing the use of funds to
    assure compliance with an existing law, where existing law does not so
    mandate, also is legislation (June 24, 1976, p. 20370). So-called
    ``hold-harmless'' provisions that mandate a certain level of expenditure
    for certain purposes or recipients, where existing law confers
    discretion or makes ratable reductions in such expenditures, also
    constitute legislation (Apr. 16, 1975, p. 10357; June 25, 1976, p.
    20557). A transfer of available funds from one department to another
    with directions as to the use to which those funds must be put is
    legislation (and also a reappropriation in violation of clause 2(a)(2)
    of this rule) (Dec. 8, 1982, p. 29449). A provision requiring States to
    match funds provided in an appropriation bill was held to constitute
    legislation where existing law contained no such requirement (June 28,
    1993, p. 14418). Where existing law prescribes a formula for the
    allocation of funds among several categories, an amendment merely
    reducing the amount earmarked for one of the categories is not
    legislation, so long as it does not textually change the statutory
    formula (July 24, 1995, p. 20133).
      The House <> may, by agreeing to a report from the Committee on Rules or
    by adopting an order under suspension of the rules, allow legislation on
    general appropriation bills (IV, 3260-3263, 3839-3845). Where an
    unauthorized appropriation or legislation is permitted to remain in a
    general appropriation bill by waiver or by failure to raise a point of
    order, an amendment merely changing that amount and not adding
    legislative language or earmarking separate funds for another
    unauthorized purpose is in order (IV, 3823-3835, 3838; VII, 1405, 1413-
    1415; June 9, 1954, p. 5963; July 27, 1954, p. 12287; Oct. 1, 1975, p.
    31058; June 8, 1977, p. 17941; July 17, 1985, p. 19435; Sept. 11, 1985,
    p. 23398; June 14, 1988, p. 14341). However, this does not permit an
    amendment that adds additional legislation (IV, 3836, 3837, 3862; VII,
    1402-1436; Dec. 9, 1971, p.

    [[Page [840]]]

    4595; Aug. 1, 1973, p. 27291; June 10, 1977, p. 1802; July 30, 1985, p.
    21532; July 23, 1986, p. 17446; June 26, 1987, p. 17655; June 28, 1988,
    pp. 16203, 16213; Aug. 2, 1989, p. 18172; Nov. 15, 1989, p. 29004, June
    23, 1998, p. ----; July 13, 2000, p. ----), proposes a new unauthorized
    purpose (Dec. 8, 1971, p. 45487; Aug. 7, 1978, pp. 24710-12; May 25,
    1988, p. 12256), earmarks for unauthorized purposes (July 17, 1985, p.
    19435; July 17, 1986, p. 16918; July 26, 1995, p. 20528; June 5, 1996,
    p. 13120), earmarks by directing a new use of funds not required by law
    (July 26, 1985, pp. 20811, 20813), or increases an authorized amount
    above the authorized ceiling (Aug. 4, 1999, p. ----).
      An amendment adding a new paragraph indirectly increasing an
    unauthorized amount contained in a prior paragraph permitted to remain
    is subject to a point of order because the new paragraph is adding a
    further unauthorized amount not merely perfecting (July 12, 1995, p.
    18628; July 16, 1997, pp. ----; Sept. 9, 1997, p. ----; Sept. 17, 1998,
    p. ----). However, a new paragraph indirectly reducing an unauthorized
    amount permitted to remain in a prior paragraph passed in the reading is
    not subject to a point of order because it is not adding a further
    unauthorized amount (July 16, 1997, p. ----). Where by unanimous consent
    an amendment is offered en bloc to a paragraph containing an
    unauthorized amount not yet read for amendment, the amendment increasing
    that unauthorized figure is subject to a point of order since at that
    point it is not being offered to a paragraph that has been read and
    permitted to remain (June 21, 1984, p. 17687). As required by clause
    2(f), the Chair will query for points of order against the provisions of
    an appropriation bill not yet reached in the reading but addressed by an
    amendment offered en bloc under that clause as budget authority and
    outlay neutral (July 22, 1997, p. ----).
      The Chair examined an entire legislative provision permitted to remain
    when ruling that an amendment to a portion of the provision was merely
    perfecting (July 15, 1999, p. ----). An amendment to a general
    appropriation bill is not subject to a point of order as adding
    legislation for restating, verbatim, a legislative provision already
    contained in the bill and permitted to remain (Aug. 27, 1980, p. 23519).
      To a legislative provision permitted to remain conferring assistance
    on a certain class of recipients, an amendment adding another class is
    further legislation and is not merely perfecting (June 22, 1983, p.
    16851). For example, the following amendments to legislative provisions
    permitted to remain have been held to propose additional legislation:
    (1) an amendment striking text that resulted in extending the
    legislative reach of the pending bill (July 17, 1996, p. 17533); (2) an
    amendment extending a legislative provision that placed certain
    restrictions on recipients of a defined set of Federal payments and
    benefits to persons benefiting from a certain tax status determined on
    wholly unrelated criteria (Aug. 3, 1995, p. 21967); (3) an amendment
    adding an additional nation to a legislative provision addressing
    sanctions against one nation (July 13, 2000, p. ----).

    [[Page [841]]]

      On the other hand, to a legislative provision permitted to remain, an
    amendment particularizing a definition in the language was held not to
    constitute additional legislation where it was shown that the definition
    being amended already contemplated inclusion of the covered class (Aug.
    5, 1998, p. ----). To a legislative provision permitted to remain that
    excepted from a denial of funds for abortions cases where the life of
    the mother would be endangered if a fetus were carried to term, an
    amendment excepting instead cases where the health of the mother would
    be endangered if the fetus were carried to term was held not to
    constitute further legislation, since determinations on the endangerment
    of life necessarily subsume determinations on the endangerment of
    health; and the amendment did not therefore require any different or
    more onerous determinations (June 27, 1984, p. 19113).
      To a paragraph permitted to remain though containing a legislative
    proviso restricting the obligation of funds until a date within the
    fiscal year, an amendment striking the delimiting date, thus applying
    the restriction for the entire year, was held to be perfecting (July 30,
    1990, p. 20442); but striking the date and inserting a new trigger (the
    enactment of other legislation), was held to be additional legislation
    (July 30, 1990, p. 20442).
      The principle <> seems to be
    generally well accepted that the House proposing legislation on a
    general appropriation bill should recede if the other House persists in
    its objection (IV, 3904-3908), and clause 5 of rule XXII (Sec. 1076,
    infra) prohibits House conferees from agreeing to a Senate amendment
    that proposes legislation on an appropriation bill without specific
    authority from the House. However, where a Senate amendment proposing
    legislation on a general appropriation bill is, pursuant to the edict of
    clause 5 of rule XXII, reported back from conference in disagreement, a
    motion to concur in the Senate amendment with a further amendment is in
    order, even if the proposed amendment adds legislation to that contained
    in the Senate amendment, and the only test is whether the proposed
    amendment is germane to the Senate amendment reported in disagreement
    (IV, 3909; VIII, 3188, 3189; Speaker McCormack, Dec. 15, 1970, p. 41504;
    Aug. 1, 1979, pp. 22007-11; Speaker O'Neill, Dec. 12, 1979, p. 35520;
    June 30, 1987, p. 18308).

                   ``holman rule'' on retrenching expenditures

      Decisions under <> the so-called ``Holman Rule'' in clause 2 of rule XXI
    have been rare in the modern practice of the House. The trend in
    construing language in general appropriation bills or amendments thereto
    has been to minimize the importance of the ``Holman Rule'' in those
    cases where the decision can be made on other grounds. The practice of
    using limitations in appropriation bills has been perfected in recent
    years so that most modern decisions by the Chair deal with distinctions
    between such limitations and matters that are considered to be
    legislation (see

    [[Page [842]]]

    Sec. Sec. 1053-1057, supra). Under the modern practice, the ``Holman
    Rule'' only applies where an obvious reduction is achieved by the
    provision in question and does not apply to limiting language
    unaccompanied by a reduction of funds in the bill (July 16, 1979, pp.
    18808-10). It has no application to an amendment to an appropriation
    bill that does not legislate but is merely a negative limitation citing
    but not changing existing law (June 18, 1980, p. 15355).
      A paragraph containing legislation reported in an appropriation bill
    to be in order must on its face show a retrenchment of a type that
    conforms to the requirements of the rule (Mar. 17, 1926, p. 5804).
      The reduction of expenditure must appear as a necessary result, in
    order to bring an amendment or provision within the exception to the
    rule. It is not sufficient that such reduction would probably, or would
    in the opinion of the Chair, result therefrom (IV, 3887; VII, 1530-
    1534). Thus, an amendment to a general appropriation bill providing that
    appropriations made in that act are hereby reduced by $7 billion, though
    legislative in form, was held in order under the ``Holman Rule''
    exception (Apr. 5, 1966, p. 7689), but an amendment providing for
    certain reductions of appropriations carried in the bill based on the
    President's budget estimates was held not to show a reduction on its
    face and to provide merely speculative reductions (Deschler, ch. 26,
    Sec. 5.6; June 24, 1992, p. 16110). An amendment authorizing the
    President to reduce each appropriation in the bill by not more than 10
    percent was ruled out as legislation conferring new authority on the
    President (May 31, 1984, p. 14617; June 6, 1984, p. 15120). An amendment
    reducing an unauthorized amount permitted to remain in a general
    appropriation bill is in order as a retrenchment under this clause (Oct.
    1, 1975, p. 31058). An amendment to a general appropriation bill denying
    the availability of funds to certain recipients but which requires
    Federal officials to make additional determinations as to the
    qualifications of recipients is legislation and is not a retrenchment of
    expenditures where it is not apparent that the prohibition will reduce
    the amounts covered by the bill (June 26, 1973, p. 21389).
      The amendment must not only show on its face an attempt to retrench
    but also must be germane to some provision in the bill even though
    offered by direction of the committee having jurisdiction of the subject
    matter of the amendment (VII, 1549; Dec. 16, 1911, p. 442). An amendment
    providing that appropriations ``herein and heretofore made'' shall be
    reduced by $70 million through the reduction of Federal employees as the
    President determines was held to be legislative and not germane to the
    bill, since it went to funds other than those carried therein, and was
    therefore not within the ``Holman Rule'' exception (Oct. 18, 1966, p.
    27425).
      An amendment reducing an amount in an appropriation bill for the
    Postal Service and prohibiting the use of funds therein to implement
    special bulk third-class rates for political committees was held in
    order since not specifically requiring a new determination and since
    constituting a re

    [[Page [843]]]

    trenchment of expenditures even if assumed to be legislative (July 13,
    1979, pp. 18453-55).
      As long as an amendment calls for an obvious reduction at some point
    in time during the fiscal year, the amendment is in order under the
    ``Holman Rule'' even if the reduction takes place in the future in an
    amount actually determined when the reduction takes place (for example,
    by formula) (VII, 1491, 1505; July 30, 1980, pp. 20499-20503). To an
    amendment that is in order under the ``Holman Rule,'' containing
    legislation but retrenching expenditures by formula for every agency
    funded by the bill, an amendment exempting from that reduction several
    specific programs does not add further legislation and is in order (July
    30, 1980, pp. 20499-20503).
      A motion to recommit the District of Columbia appropriation bill with
    instructions to reduce the proportion of the fund appropriated from the
    Public Treasury from one-half, as provided in the bill, to one-fourth of
    the entire appropriation is in order, since the effect of the amendment
    if adopted would reduce the expenditure of public money although not
    reducing the amount of the appropriation (VII, 1518).
      The term ``retrenchment'' means the reduction of the amount of money
    to be taken out of the Federal Treasury by the bill, and therefore a
    reduction of the amount of money to be contributed toward the expenses
    of the District of Columbia is in order as a retrenchment (VII, 1502).
      An amendment proposed to an item for the recoinage of uncurrent
    fractional silver, which amendment struck out the amount appropriated
    and added a provision for the coinage of all the bullion in the Treasury
    into standard silver dollars, the cost of such coinage and recoinage to
    be paid out of the Government's seigniorage, was held not to be in order
    under the rule; first, because not germane to the subject matter of the
    bill (the sundry civil); second, because it did not appear that any
    retrenchment of expenditure would result, the seigniorage being the
    property of the Government as other funds in the Treasury (VII, 1547).
      To an item of appropriation for inland transportation of mails by star
    routes an amendment was offered requiring the Postmaster General to
    provide routes and make contracts in certain cases, with the further
    provision ``and the amount of appropriation herein for star routes is
    hereby reduced to $500.'' A point of order made against the first or
    legislative part of the amendment was sustained, which decision was, on
    appeal, affirmed by the committee (VII, 1555).
      To a clause appropriating for the foreign mail service an amendment
    reducing the appropriation, and in addition repealing the act known as
    the ``subsidy act,'' was held not in order because the repealing of this
    act was not germane to the appropriation bill; and that to be in order
    both branches of the amendment must be germane to the bill (VII, 1548).
      A provision in the agricultural appropriation bill transferring the
    supervision of the importation of animals from the Treasury to the
    Department

    [[Page [844]]]

    of Agriculture is out of order, being a provision changing law and not
    retrenching expenditure (IV, 3886).
      Where a paragraph containing new legislation provides in one part for
    a discharge of employees, which means a retrenchment, and in another
    part embodies legislation to bring about the particular retrenchment
    which in turn shows on its face an expenditure the amount of which is
    not apparent, the Chair is unable to hold that the net result will
    retrench expenditures. However, where the additional legislation does
    not show on its face an additional expenditure, the Chair will not
    speculate as to a possible expenditure under the additional legislation
    (VII, 1500).
      As explained in the annotation in Sec. 1043, supra, the amendment of
    clause 2(b) in the 98th Congress narrowed the ``Holman Rule'' exception
    to the general prohibition against legislation to cover only
    retrenchments reducing amounts of money covered by the bill, and not
    retrenchments resulting from reduction of the number and salary of
    officers of the United States or of the compensation of any person paid
    out of the U.S. Treasury. Accordingly, the Chair held out of order an
    amendment mandating the reduction of certain Federal salaries and
    expenses as not confined to a reduction of funds in the bill (June 17,
    1994, p. 13422). Paragraph (b) also eliminated separate authority
    conferred upon legislative committees or commissions with proper
    jurisdiction to report amendments retrenching expenditures, and
    permitted legislative committees to recommend such retrenchments by
    reduction of amounts covered by the bill to the Appropriations Committee
    for discretionary inclusion in the reported bill. Paragraph (d) as added
    in the 98th Congress provides a new procedure for consideration of all
    retrenchment amendments only when reading of the bill has been completed
    and only if the Committee of the Whole does not adopt a motion to rise
    and report the bill back to the House. Other decisions which involved
    interpretation of the ``Holman Rule,'' but which do not reflect the
    current form or interpretation of that rule, are found in IV, 3846,
    3885-3892; VII, 1484, 1486-1492, 1498, 1500, 1515, 1563, 1564, 1569;
    June 1, 1892, p. 4920.

      This <> provision from section
    139(c) of the Legislative Reorganization Act of 1946 (2 U.S.C. 190f(c))
    was made part of the standing rules in the 83d Congress (Jan. 3, 1953,
    p. 24). Previously, a reappropriation of an unexpended balance for an
    object authorized by law was in order on a general appropriation bill
    (IV, 3591, 3592; VII, 1156, 1158). This clause was amended in the 99th
    Congress by section 228(b) of the Balanced Budget and Emergency Deficit
    Control Act of 1985 (P.L. 99-177) to permit the Committee on
    Appropriations to report certain transfers of unexpended balances.
    Consistent with clause 2 of rule XXI, and as codified in the 106th
    Congress (H. Res. 5, Jan. 6, 1999, p. ----), violations of this clause
    are enforced only against specific provisions in general appropriation
    bills containing reappropriations rather than against consideration of
    the bill (see Deschler, ch. 25, Sec. 3).

    [[Page [845]]]

      A provision in a general appropriation bill, or an amendment thereto,
    providing that funds for a certain purpose are to be derived by
    continuing the availability of funds previously appropriated for a prior
    fiscal year is in violation of clause 2(a)(2) (former clause 6 of rule
    XXI) (Aug. 20, 1951, p. 10393; Mar. 29, 1960, p. 6862; June 17, 1960, p.
    13138; June 20, 1973, p. 20530; July 29, 1982, p. 18625; June 28, 1988,
    p. 16255), and a reappropriation of unexpended prior year balances
    prohibited by this clause is not in order under the guise of a ``Holman
    Rule'' exception to clause 2 of rule XXI (Oct. 18, 1966, p. 27424). An
    amendment to a general appropriation bill making any appropriations
    which are available for the current fiscal year available for certain
    new purposes was held out of order under clause 2(a)(2) since it was not
    confined to the funds in the bill and would permit reappropriation of
    unexpended balances (Oct. 1, 1975, p. 31090). That appropriations may be
    authorized in law for a specified object does not permit an amendment to
    a general appropriation bill to include legislative language mandating
    the reappropriation of funds from other Acts (July 28, 1992, p. 19652).
      This rule, however, is not applicable when the reappropriation
    language is identical to legislative authorization language enacted
    subsequent to the adoption of the rule, since the law is a more recent
    expression of the will of the House (Sept. 5, 1961, p. 18133), nor when
    a measure transferring unobligated balances of previously appropriated
    funds contains legislative provisions and rules changes but no
    appropriation of new budget authority and is neither in the form of an
    appropriation bill nor the subject of a privileged report by the
    Committee on Appropriations under rule XIII (Mar. 3, 1988, p. 3239).
      The return of an unexpended balance to the Treasury is in order (IV,
    3594).
      A provision in a general appropriation bill that authorizes an
    official to transfer funds among appropriation accounts in the bill
    changes existing law in violation of clause 2 of rule XXI by including
    language conferring new authority (Deschler, ch 26 Sec. 29.2). However,
    direct transfers of appropriations within the confines of the same bill
    normally are considered in order (VII, 1468) as a ``within-bill''
    transfer rather than a transfer of unexpended balances of the kind
    addressed by clause 2(a)(2).

      To <> invoke the
    protection of clause 2(f), an amendment must not increase the levels of
    budget authority or outlays carried in the bill (Aug. 4, 1999, p. ----;
    July 12, 2000, p. ----); and the proponent of an amendment carries the
    burden of so proving (Oct. 11, 2001, p. ----). An amendment otherwise in
    order under this paragraph may nevertheless be in violation of clause
    2(a)(1) if increasing an appropriation above the authorized amount
    contained in the bill (Aug. 4, 1999, p. ----).

    [[Page [846]]]

    Transportation obligation limitations
      3. <> It shall
    not be in order to consider a bill, joint resolution, amendment, or
    conference report that would cause obligation limitations to be below
    the level for any fiscal year set forth in section 8103 of the
    Transportation Equity Act for the 21st Century, as adjusted, for the
    highway category or the mass transit category, as applicable.

      The Transportation Equity Act for the 21st Century (sec. 8101(e), P.L.
    105-178; 2 U.S.C. 901 note) added this provision as a new clause 9 of
    rule XXI. In the 106th Congress, this provision was transferred to
    clause 3 (H. Res. 5, Jan. 6, 1999, p. ----). The Omnibus Consolidated
    and Emergency Supplemental Appropriations Act, 1999 (sec. 108, div. C,
    P.L. 105-277; 112 Stat. 2681-586), included the following provision:
    ``Sec. 108. For the purpose of any Rule of the House of Representatives,
    notwithstanding any other provision of law, any obligation limitation
    relating to surface transportation projects under section 1602 of P.L.
    105-178 shall be assumed to be administered on the basis of sound
    program management practices that are consistent with past practices of
    the administering agency permitting States to decide High Priority
    Project funding priorities within state program allocations.'' This
    clause and the cited law are not mutually inconsistent, but section 8103
    does not address a fiscal year beyond 2003.
      The <> Wendell H.
    Ford Aviation Investment and Reform Act for the 21st Century (sec. 106,
    P.L. 106-181) added the following provision:

    Sec. 106. Funding for Aviation Programs.
      (a) Authorization of Appropriations.--
              (1) Airport and airway trust fund guarantee.--
                      (A) In general.--The total budget resources made
                    available from the Airport and Airway Trust Fund each
                    fiscal year through fiscal year 2003 pursuant to
                    sections 48101, 48102, 48103, and 106(k) of title 49,
                    United States Code, shall be equal to the level of
                    receipts plus interest credited to the Airport and
                    Airway Trust Fund for that fiscal year. Such amounts may
                    be used only for aviation investment programs listed in
                    subsection (b).
                      (B) Guarantee.--No funds may be appropriated or
                    limited for aviation investment programs listed in
                    subsection (b) unless the amount described in
                    subparagraph (A) has been provided.

    [[Page [847]]]

              (2) Additional authorizations of appropriations from the
            general fund.--In any fiscal year through fiscal year 2003, if
            the amount described in paragraph (1) is appropriated, there is
            further authorized to be appropriated from the general fund of
            the Treasury such sums as may be necessary for the Federal
            Aviation Administration Operations account.
      (b) Definitions.--In this section, the following definitions apply:
              (1) Total budget resources.--The term ``total budget
            resources'' means the total amount made available from the
            Airport and Airway Trust Fund for the sum of obligation
            limitations and budget authority made available for a fiscal
            year for the following budget accounts that are subject to the
            obligation limitation on contract authority provided in this Act
            and for which appropriations are provided pursuant to
            authorizations contained in this Act:
                      (A) 69-8106-0-7-402 (Grants in Aid for Airports).
                      (B) 69-8107-0-7-402 (Facilities and Equipment).
                      (C) 69-8108-0-7-402 (Research and Development).
                      (D) 69-8104-0-7-402 (Trust Fund Share of Operations).
              (2) Level of receipts plus interest.--The term `level of
            receipts plus interest' means the level of excise taxes and
            interest credited to the Airport and Airway Trust Fund under
            section 9502 of the Internal Revenue Code of 1986 for a fiscal
            year as set forth in the President's budget baseline projection
            as defined in section 257 of the Balanced Budget and Emergency
            Deficit Control Act of 1985 (Public Law 99-177) (Treasury
            identification code 20-8103-0-7-402) for that fiscal year
            submitted pursuant to section 1105 of title 31, United States
            Code.
      (c) Enforcement of Guarantees.--
              (1) Total airport and airway trust fund funding.--It shall not
            be in order in the House of Representatives or the Senate to
            consider any bill, joint resolution, amendment, motion, or
            conference report that would cause total budget resources in a
            fiscal year for aviation investment programs described in
            subsection (b) to be less than the amount required by subsection
            (a)(1)(A) for such fiscal year.
              (2) Capital priority.--It shall not be in order in the House
            of Representatives or the Senate to consider any bill, joint
            resolution, amendment, motion, or conference report that
            provides an appropriation (or any amendment thereto) for any
            fiscal year through fiscal year 2003 for Research and
            Development or Operations if the sum of the obligation
            limitation for Grants-in-Aid for Airports and the appropriation
            for Facilities and Equipment for such fiscal year is below the
            sum of the authorized levels for Grants-in-Aid for Airports and
            for Facilities and Equipment for such fiscal year.

      The aviation-funding point of order does not address a fiscal year
    beyond 2003.

    [[Page [848]]]

      The chairmen of the Committee on Rules and the Committee on
    Transportation and Infrastructure inserted in the Record correspondence
    concerning points of order established in this section (Mar. 15, 2000,
    p. ----).

    Appropriations on legislative bills
      4. <> A
    bill or joint resolution carrying an appropriation may not be reported
    by a committee not having jurisdiction to report appropriations, and an
    amendment proposing an appropriation shall not be in order during the
    consideration of a bill or joint resolution reported by a committee not
    having that jurisdiction. A point of order against an appropriation in
    such a bill, joint resolution, or amendment thereto may be raised at any
    time during pendency of that measure for amendment.

      This portion of the rule was adopted June 1, 1920 (VII, 2133). When
    the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6,
    1999, p. ----), this clause was returned to clause 4 where it had been
    until moved to former clause 5(a) of rule XXI in the 93d Congress (H.
    Res. 988, 93d Cong., Oct. 8, 1974, p. 34470).
      A point of order under this rule cannot be raised against a motion to
    suspend the rules (VIII, 3426), against a motion to discharge a
    nonappropriating committee from consideration of a bill carrying an
    appropriation (VII, 2144), or against a Senate amendment to an
    appropriation bill (VII, 1572). However, it may be directed against an
    item of appropriation in a Senate bill (VII, 2136, 2147; July 30, 1957,
    pp. 13056, 13181). If the House deletes a provision in a Senate bill
    under this rule, the bill is messaged to the Senate with the deletion in
    the form of an amendment. The point of order may be made against an
    appropriation in a Senate bill that, although not reported in the House,
    is considered in lieu of a reported House ``companion bill'' (VII, 2137;
    Mar. 29, 1933, p. 988). This clause applies to an amendment proposed to
    a Senate amendment to a House bill not reported from the Committee on
    Appropriations (Oct. 1, 1980, pp. 28638-42). The rule does not apply to
    private bills since the committees having jurisdiction of bills for the
    payment of private claims may report bills making appropriations within
    the limits of their jurisdiction (VII, 2135; Dec. 12, 1924, p. 538). The
    point of order under this rule does not apply to an appropriation in a
    bill which has been taken away from a nonappropriating committee by a
    motion to discharge (VII, 1019a). The

    [[Page [849]]]

    point of order under this rule does not apply to a special order
    reported from the Committee on Rules ``self-executing'' the adoption in
    the House to a reported bill of an amendment containing an
    appropriation, since the amendment is not separately before the House
    during consideration of the special order (Feb. 24, 1993, p. 3542).
      The provision in this clause that a point of order against an
    amendment containing an appropriation to a legislative bill may be made
    ``at any time'' has been interpreted to require that the point of order
    be raised during the pendency of the amendment under the five-minute
    rule (Mar. 18, 1946, p. 2365; Apr. 28, 1975, p. 12043), and a point of
    order will lie against an amendment during its pendency, even in its
    amended form, although the point of order is against the amendment as
    amended by a substitute and no point of order was raised against the
    substitute prior to its adoption (Apr. 23, 1975, p. 11512-13). However,
    the point of order must be raised during the initial consideration of
    the bill or amendment under the five-minute rule, and a point of order
    against similar language permitted to remain in the House version and
    included in a conference report on a bill will not lie, since the only
    rule prohibiting such inclusion (clause 5 of rule XXII) is limited to
    language originally contained in a Senate amendment where the House
    conferees have not been specifically authorized to agree thereto (May 1,
    1975, p. 12752). Where the House has adopted a resolution waiving points
    of order against certain appropriations in a legislative bill, a point
    of order may nevertheless be raised against an amendment to the bill
    containing an identical provision, since under this rule a point of
    order may be raised against the amendment ``at any time'' (Apr. 23,
    1975, p. 11512). A point of order against a direct appropriation in a
    bill initially reported from a legislative committee and then
    sequentially referred to and reported adversely by the Committee on
    Appropriations was conceded and sustained as in violation of this clause
    (Nov. 10, 1975, p. 35611). The point of order should be directed to the
    item of appropriation in the bill and not to the act of reporting the
    bill (VII, 2143), and cannot be directed to the entire bill (VII, 2142;
    Apr. 28, 1975, p. 12043).
      The term ``appropriation'' in the rule means the payment of funds from
    the Treasury, and the words ``warranted and make available for
    expenditure for payments'' are equivalent to ``is hereby appropriated''
    and therefore not in order (VII, 2150). The words ``available until
    expended,'' making an appropriation already made for one year available
    for ensuing years, are not in order (VII, 2145).
      The point of order provided for in this clause is not applicable to
    the following provisions: (1) authorizing the Secretary of the Treasury
    to use proceeds from the sale of bonds under the Second Liberty Bond Act
    (public debt transactions) for the purpose of making loans, since such
    loans do not constitute ``appropriations'' within the purview of the
    rule (June 28, 1949, pp. 8536-38; Aug. 2, 1950, p. 11599); (2) exempting
    loan guarantees in a legislative bill from statutory limitations on
    expenditures (July 16, 1974, p. 23344); (3) authorizing the availability
    of certain loan receipts

    [[Page [850]]]

    where it can be shown that the actual availability of those receipts
    remains contingent upon subsequent enactment of an appropriation act
    (Sept. 10, 1975, p. 28300); (4) increasing the duties of a commission
    (VII, 1578); (5) authorizing payment from an appropriation to be made
    (Jan. 31, 1923, p. 2794).
      Language reappropriating, making available, or diverting an
    appropriation or a portion of an appropriation already made for one
    purpose to another (VII, 2146; Mar. 29, 1933, p. 988; Aug. 10, 1988, p.
    21719), or for one fiscal year to another (Mar. 26, 1992, p. 7223), is
    not in order. For example, the following provisions have been held out
    of order: (1) expanding the definition in existing law of recipients
    under a Federal subsidy program as permitting a new use of funds already
    appropriated (May 11, 1976, pp. 13409-11); (2) authorizing the use,
    without a subsequent appropriation, of funds directly appropriated by a
    previous statute for a new purpose (Oct. 1, 1980, pp. 28637-40).
    However, a modification of such a provision making payments for such new
    purposes ``effective only to the extent and in such amounts as are
    provided in advance in appropriation acts'' does not violate this clause
    (Oct. 1, 1980, pp. 28638-42).
      The following provisions have also been held to be in violation of
    this clause: (1) directing a departmental officer to pay a certain sum
    out of unexpended balances (VII, 2154); (2) authorizing the use of funds
    of the Shipping Board (VII, 2147); (3) directing payments out of Indian
    trust funds (VII, 2149); (4) making excess foreign currencies
    immediately available for a new purpose (Aug. 3, 1971, p. 29109); (5)
    authorizing the collection of fees or user charges by Federal agencies
    and making the revenues collected therefrom available without further
    appropriation (June 17, 1937, pp. 5915-18; Mar. 29, 1972, pp. 10749-51);
    (6) transferring existing Federal funds into a new Treasury trust fund
    to be immediately available for a new purpose (June 20, 1974, pp. 20273-
    75); (7) transferring unexpended balances of appropriations from an
    existing agency to a new agency created therein (Apr. 9, 1979, p. 7774);
    (8) making a direct appropriation to carry out a part of the Energy
    Security Act (Oct. 24, 1985, p. 28812); (9) requiring the diversion of
    previously appropriated funds in lieu of the enactment of new budget
    authority if a maximum deficit amount under the Deficit Control Act of
    1985 is exceeded, though its stated purpose may be to avoid the
    sequestration of funds (Aug. 10, 1988, p. 21719).
      Section 401(a) of the Congressional Budget Act of 1974 (88 Stat. 317)
    prohibits consideration in the House of any bill or resolution or
    amendment which provides new spending authority (as that term is defined
    in that section) unless that measure also provides that such new
    spending authority is to be available only to the extent provided in
    appropriation act (see Sec. 1127, supra). See also Deschler, ch. 25,
    Sec. 4 for a discussion of appropriations on legislative bills
    generally.

    [[Page [851]]]

    Tax and tariff measures and amendments
      5. (a)(1) <> A bill or joint resolution carrying a tax or tariff
    measure may not be reported by a committee not having jurisdiction to
    report tax or tariff measures, and an amendment in the House or proposed
    by the Senate carrying a tax or tariff measure shall not be in order
    during the consideration of a bill or joint resolution reported by a
    committee not having that jurisdiction. A point of order against a tax
    or tariff measure in such a bill, joint resolution, or amendment thereto
    may be raised at any time during pendency of that measure for amendment.
      (2) For purposes of paragraph (1), a tax or tariff measure includes an
    amendment proposing a limitation on funds in a general appropriation
    bill for the administration of a tax or tariff.

      Subparagraph (1) was added in the 98th Congress (H. Res. 5, Jan. 3,
    1983, p. 34). Subparagraph (2) was added in the 108th Congress (sec.
    2(o), H. Res. 5, Jan. 7, 2003, p. ----). Before the House recodified its
    rules in the 106th Congress, this provision was found in former clause
    5(b) of rule XXI (H. Res. 5, Jan. 6, 1999, p. ----).
      A point of order under this paragraph against a provision in a bill is
    in order at any time during consideration of the bill for amendment in
    Committee of the Whole (Aug. 1, 1986, p. 18649). On October 4, 1989, the
    Chairman of the Committee of the Whole, before ruling on several points
    of order under this paragraph, enunciated several guidelines to
    distinguish taxes and tariffs on the one hand and user or regulatory
    fees and other forms of revenue on the other (p. 23260). On the opening
    day of the 102d Congress, Speaker Foley inserted in the Congressional
    Record the following statement of jurisdictional concepts underlying
    those same distinctions and indicated his intention to exercise his
    referral authority under rule X in a manner consistent with this
    paragraph (Jan. 3, 1991, p. 64; see also Jan. 4, 1995, p. 551; Jan. 3,
    2001, p. ----):
              Clause 5(b) (current clause 5(a)) of rule XXI prohibits the
            reporting of a tax or tariff matter by any committee not having
            that jurisdiction. Most of the questions of order arising under
            this clause since

    [[Page [852]]]

            its adoption in 1983 have related to provisions that clearly
            affected the operation of the Internal Revenue Code or the
            customs laws. From time to time, however, such a question has
            related to a provision drafted as a user or regulatory fee
            levied on members of a class that occasions or avails itself of
            a particular governmental activity, typically to generate
            revenue in support of that activity. In order to provide
            guidance concerning the referral of bills, to assist committees
            in staying within their appropriate jurisdictions under rule X,
            to assist committees without jurisdiction over tax or tariff
            measures in complying with clause 5(b) of rule XXI, and to
            protect the constitutional prerogative of the House to originate
            revenue bills, the Speaker will make the following statement:
            Standing committees of the House (other than the Committees on
            Appropriations and Budget) have jurisdiction to consider user,
            regulatory and other fees, charges, and assessments levied on a
            class directly availing itself of, or directly subject to, a
            governmental service, program, or activity, but not on the
            general public, as measures to be utilized solely to support,
            subject to annual appropriations, the service, program, or
            activity (including agency functions associated therewith) for
            which such fees, charges, and assessments are established and
            collected and not to finance the costs of Government generally.
            The fee must be paid by a class benefiting from the service,
            program or activity, or being regulated by the agency; in short,
            there must be a reasonable connection between the payors and the
            agency or function receiving the fee. The fund that receives the
            amounts collected is not itself determinative of the existence
            of a fee or a tax. The Committee on Ways and Means has
            jurisdiction over ``revenue measures generally'' under rule X.
            That committee is entitled to an appropriate referral of broad-
            based fees and could choose to recast such fees as excise taxes.
            A provision only reauthorizing or amending an existing fee
            without fundamental change, or creating a new fee generating
            only a de minimis aggregate amount of revenues, does not
            necessarily require a sequential referral to the Committee on
            Ways and Means. The Chair intends to coordinate these principles
            with the Committee on the Budget and the Congressional Budget
            Office, especially in the reconciliation process, so that budget
            scorekeeping does not determine, and reconciliation directives
            and their implementation will not be inconsistent with,
            committee jurisdiction. Further, it should be emphasized that
            the constitutional prerogative of the House to originate revenue
            measures will continue to be viewed broadly to include any
            meaningful revenue proposal that the Senate may attempt to
            originate.
      The adoption of subparagraph (2) in the 108th Congress established a
    different standard for determining a violation of this clause by an
    amendment to a reported general appropriation bill than for a provision
    in the appropriation bill itself. Before its adoption, a Member raising
    a point of

    [[Page [853]]]

    order under this paragraph against a provision in, or an amendment to, a
    general appropriation bill affecting the use of funds therein (otherwise
    traditionally in order if admissible under clause 2 of rule XXI),
    carried the burden of showing a necessary, certain, and inevitable
    change in revenue collections or tax statuses or liabilities (Sept. 12,
    1984, pp. 25108, 25109, 25120; July 26, 1985, p. 20806; Aug. 1, 1986, p.
    18649; July 13, 1990, p. 17473; June 18, 1991, p. 15189). The intent of
    the rules change, as expressed during debate on the change, was ``to
    ease the burden on the maker of a point of order [against an amendment]
    from having to show a necessary, certain and inevitable change in
    revenue collections, tax statuses, or liability as previous precedents
    required, to one of showing a textual relationship between the amendment
    and the administration of the Internal Revenue or tariff laws'' (Jan. 7,
    2003, p. ----).
      The precedents developed under this clause still apply to the Chair's
    determination whether a limitation in a general appropriation bill
    (rather than an amendment thereto) constitutes a tax or tariff measure
    proscribed by this paragraph. Prior precedents addressing amendments are
    still viable for that determination. The Chair will consider argument as
    to whether the limitation effectively and inevitably changes revenue
    collections and tax status or liability (Aug. 1, 1986, p. 18649). For
    example, in determining whether an amendment to a general appropriation
    bill proposing a change in IRS funding priorities constituted a tax
    measure proscribed by this paragraph, the Chair considered argument as
    to whether the change would necessarily or inevitably result in a loss
    or gain in tax liability and in tax collection (June 18, 1991, p.
    15189).
      A limitation on the use of funds contained in a general appropriation
    bill was held to violate this paragraph by denying the use of funds by
    the Customs Service to enforce duty-free entry laws with respect to
    certain imported commodities, thereby requiring the collection of
    revenues not otherwise provided for by law (Oct. 27, 1983, p. 29611).
    Similar rulings were issued: (1) where it was shown that the imposition
    of the restriction on IRS funding for the fiscal year would effectively
    and inevitably preclude the IRS or the Customs Service from collecting
    revenues otherwise due and owing by law or require collection of revenue
    not legally due or owing (July 26, 1985, p. 20806; Aug. 1, 1986, pp.
    18649, 18650; July 17, 1996, p. 17563); and (2) where a provision in a
    general appropriation bill prohibited the use of funds to impose or
    assess certain taxes due under specified portions of the Internal
    Revenue Code (July 13, 1990, p. 17473). In the 98th Congress, the Chair
    sustained points of order under this paragraph against motions to concur
    in three Senate amendments to a general appropriation bill (not reported
    by the Committee on Ways and Means): (1) an amendment denying the use of
    funds in that or any other Act by the IRS to impose or assess any tax
    due under a designated provision of the Internal Revenue Code, thereby
    rendering the tax uncollectable through the use of any funds available
    to the agency (Sept. 12, 1984, p. 25108); (2) an amendment directing the
    Secretary of the Treasury to admit free of duty

    [[Page [854]]]

    certain articles imported by a designated organization (Sept. 12, 1984,
    p. 25109); and (3) an amendment to the Tariff Act of 1930 to expand the
    authority of the Customs Service to seize and use the proceeds from the
    sale of contraband imports to defray operational expenses, and to offset
    owed customs duties under one section of that law (Sept. 12, 1984, p.
    25120). An amendment to a general appropriation bill proposing to divert
    an increase in funding for the IRS from spot-checks to targeted audits
    was held not to constitute a tax within the meaning of this paragraph
    because it did not necessarily affect revenue collection levels or tax
    liabilities (June 18, 1991, p. 15189).
      In the 99th Congress, the following provisions in a reconciliation
    bill reported from the Budget Committee were ruled out as tax measures
    not reported from the Committee on Ways and Means: (1) a recommendation
    from the Committee on Education and Labor (now Education and the
    Workforce) excluding certain interest on obligations from the Student
    Loan Marketing Association from application of the Internal Revenue
    Code, affecting interest deductions against income taxes (Oct. 24, 1985,
    pp. 28776, 28827); and (2) a recommendation from the Committee on
    Merchant Marine and Fisheries expanding tax benefits available to
    shipowners through a capital construction fund (Oct. 24, 1985, pp.
    28802, 28827). In the 101st Congress, the following provisions in an
    omnibus budget reconciliation bill were ruled out: (1) a fee per
    passenger on cruise vessels, with revenues credited as proprietary
    receipts of the Coast Guard to be used for port safety, security,
    navigation, and antiterrorism activities (Oct. 4, 1989, p. 23260); (2) a
    per acre ``ocean protection fee'' on oil and gas leaseholdings in the
    Outer Continental Shelf, with receipts to be used to offset costs of
    various ocean protection programs (Oct. 4, 1989, p. 23261); (3) an
    amendment to the Internal Revenue Code relating to the tax deductibility
    of pension fund contributions (Oct. 4, 1989, p. 23262); (4) a fee
    incident to termination of employee benefit plans, with receipts to be
    applied to enforcement and administration of plans remaining with the
    system (Oct. 4, 1989, p. 23262); and (5) a fee incident to the filing of
    various pension benefit plan reports required by law, with revenues to
    be transferred to the Department of Labor for the enforcement of that
    law (Oct. 5, 1989, p. 23328).
      To a bill reported from the Committee on Education and Labor (now
    Education and the Workforce) authorizing financial assistance to
    unemployed individuals for employment opportunities, an amendment
    providing instead for tax incentives to stimulate employment was held to
    be a tax measure in violation of this paragraph (Sept. 21, 1983, p.
    25145). A provision in a bill reported from the Committee on Foreign
    Affairs (now International Relations) imposing a uniform fee at ports of
    entry to be collected by the Customs Service as a condition of
    importation of a commodity was held to constitute a tariff within the
    meaning of this paragraph (June 4, 1985, p. 14009), as was an amendment
    to a bill reported from that committee amending the tariff schedules to
    deny ``most favored nation'' trade treatment to a certain nation (July
    11, 1985, p. 18590). A provision in

    [[Page [855]]]

    a general appropriation bill creating a new tariff classification was
    held to constitute a tariff under this paragraph (June 15, 1994, p.
    13103). A motion to concur in a Senate amendment constituting a tariff
    measure (imposing an import ban on certain dutiable goods) to a bill
    reported by a committee not having tariff jurisdiction was ruled out
    under this paragraph (Sept. 30, 1988, p. 27316). A proposal to increase
    a fee incident to the filing of a securities registration statement,
    with the proceeds to be deposited in the general fund of the Treasury as
    offsetting receipts, was held to constitute a tax within the meaning of
    this paragraph because the amount of revenue derived and the manner of
    its deposit indicated a purpose to defray costs of Government, generally
    (Oct. 23, 1990, p. 32650). To a bill reported by the Committee on
    Transportation and Infrastructure, an amendment increasing a user fee
    was ruled out as a tax measure where the fee overcollected to offset a
    reduction in another fee, thus attenuating the relationship between the
    amount of the fee and the cost of the Government activity for which it
    was assessed (May 9, 1995, p. 12180). To a bill reported by the
    Committee on Science, Space, and Technology (now Science), an amendment
    proposing sundry changes in the Federal income tax by direct amendments
    to the Internal Revenue Code of 1986 was ruled out of order as carrying
    a tax measure in violation of this paragraph (Sept. 16, 1992, p. 25205).

    Passage of tax rate increases-
      (b) <> A
    bill or joint resolution, amendment, or conference report carrying a
    Federal income tax rate increase may not be considered as passed or
    agreed to unless so determined by a vote of not less than three-fifths
    of the Members voting, a quorum being present. In this paragraph the
    term ``Federal income tax rate increase'' means any amendment to
    subsection (a), (b), (c), (d), or (e) of section 1, or to section 11(b)
    or 55(b), of the Internal Revenue Code of 1986, that imposes a new
    percentage as a rate of tax and thereby increases the amount of tax
    imposed by any such section.

      This provision was added in the 104th Congress (sec. 106(a), H. Res.
    6, Jan. 4, 1995, p. 463), and in the 105th Congress it was amended to
    clarify the definition of ``Federal income tax rate increase'' as
    limited to

    [[Page [856]]]

    a specific amendment to one of the named subsections (H. Res. 5, Jan. 7,
    1997, p. 121). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 5(c) of rule XXI (H.
    Res. 5, Jan. 6, 1999, p. ----). On one occasion the Chair held that a
    provision repealing a ceiling on total tax liability attributable to a
    net capital gain was not subject to the original version of this
    paragraph (Apr. 5, 1995, p. 10614). This paragraph does not apply to a
    concurrent resolution (Speaker Gingrich, May 18, 1995, p. 13499). A
    resolution reported from the Rules Committee waiving this paragraph may
    be adopted by majority vote (Oct. 26, 1995, p. 29477). The Speaker rules
    on the applicability of this paragraph only pending the question of
    final passage of a measure alleged to carry a Federal income tax rate
    increase, and not in advance upon adoption of a special order waiving
    that provision (Oct. 26, 1995, p. 29477).

    Consideration of retroactive tax rate increases
      (c) <> It shall not be in order to consider a bill, joint
    resolution, amendment, or conference report carrying a retroactive
    Federal income tax rate increase. In this paragraph--
          (1) the term ``Federal income tax rate increase'' means any
    amendment to subsection (a), (b), (c), (d), or (e) of section 1, or to
    section 11(b) or 55(b), of the Internal Revenue Code of 1986, that
    imposes a new percentage as a rate of tax and thereby increases the
    amount of tax imposed by any such section; and
          (2) a Federal income tax rate increase is retroactive if it
    applies to a period beginning before the enactment of the provision.

      This paragraph was added in the 104th Congress (sec. 106(b), H. Res.
    6, Jan. 4, 1995, p. 463), and it was amended in the 105th Congress to
    clarify the definition of ``Federal income tax rate increase'' (H. Res.
    5, Jan. 7, 1997, p. 121). Before the House recodified its rules in the
    106th Congress, this provision was found in former clause 5(d) of rule
    XXI (H. Res. 5, Jan. 6, 1999, p. ----).

    [[Page [857]]]

    Designation of public works
      6. <> It
    shall not be in order to consider a bill, joint resolution, amendment,
    or conference report that provides for the designation or redesignation
    of a public work in honor of an individual then serving as a Member,
    Delegate, Resident Commissioner, or Senator.
      This clause was adopted in the 107th Congress (sec. 2(q), H. Res. 5,
    Jan. 3, 2001, p. ----).

    [DOCID:hd284-129]
                                    Rule XXII

    [DOCID:hd284-130]
                           house and senate relations

    Senate amendments
      1. <> A motion to disagree to
    Senate amendments to a House proposition and to request or agree to a
    conference with the Senate, or a motion to insist on House amendments to
    a Senate proposition and to request or agree to a conference with the
    Senate, shall be privileged in the discretion of the Speaker if offered
    by direction of the primary committee and of all reporting committees
    that had initial referral of the proposition.

      This provision (proviso in former clause 1 of rule XX), added by the
    89th Congress (H. Res. 8, Jan. 4, 1965, p. 21), provides a method
    whereby bills can be sent to conference by majority vote. As contained
    in section 126(a) of the Legislative Reorganization Act of 1970 (84
    Stat. 1140) and adopted as part of the Rules of the House in the 92d
    Congress (H. Res. 5, Jan. 22, 1971, p. 144), this clause included
    language relating to separate votes on nongermane Senate amendments that
    was, in the 93d Congress, modified and transferred to former clause 5 of
    rule XXVIII (current clause 10 of rule XXII) (H. Res. 998, Apr. 9, 1974,
    pp. 10195-99). Before the House recodified its rules in the 106th
    Congress, clauses 1 and 3 of this rule occupied a single clause (former
    clause 1 of rule XX) (H. Res. 5, Jan. 6,

    [[Page [858]]]

    1999, p. ----). Technical changes were effected in the 108th Congress
    (sec. 2(u), H. Res. 5, Jan. 7, 2003, p. ----).
      The motion to <> send a bill
    to conference under this clause is in order notwithstanding the fact
    that the stage of disagreement has not been reached (Aug. 1, 1972, p.
    26153). On a bill that has been initially referred and reported in the
    House, the motion must be authorized by all committees reporting thereon
    (Sept. 26, 1978, p. 31623). This clause was recodified in the 106th
    Congress to reflect this practice (H. Res. 5, Jan. 6, 1999, p. ----).
    However, a committee receiving sequential referral of a bill or not
    reporting thereon need not authorize the motion (Oct. 4, 1994, p.
    27643). On a Senate bill with a House amendment consisting of the text
    of two corresponding House bills that were previously reported to the
    House, the motion must be authorized by the committees reporting those
    corresponding bills (Oct. 1, 1998, p. ----). Where such a motion has
    been rejected by the House, it may be repeated if the committee having
    jurisdiction over the subject matter again authorizes its chairman to
    make the motion (Deschler-Brown, ch. 33, Sec. 2.13). The motion to send
    to conference is in order only if the Speaker in his discretion
    recognized for that purpose, and the Speaker will not recognize for the
    motion where he has referred a nongermane Senate amendment in question
    to a House committee with jurisdiction and they have not yet had the
    opportunity to consider the amendment (June 28, 1984, p. 19770).

      2. <> A
    motion to dispose of House bills with Senate amendments not requiring
    consideration in the Committee of the Whole House on the state of the
    Union shall be privileged.

      This provision was adopted in 1890 (IV, 3089) as part of the rule
    governing disposal of business on the Speaker's table (former clause 2
    of rule XXIV). When the House recodified its rules in the 106th
    Congress, former clause 2 of rule XXIV was transferred to clause 2 of
    rule XIV, except this provision (H. Res. 5, Jan. 6, 1999, p. ----). For
    a discussion of referral of Senate amendments at the Speaker's table see
    Sec. 873, supra.

      3. <> Except as permitted by clause 1, before the stage of
    disagreement, a Senate amendment to a House bill or resolution shall be
    subject to the point of order that it must first be considered in the
    Committee of the Whole House on the state of

    [[Page [859]]]

    the Union if, originating in the House, it would be subject to such a
    point under clause 3 of rule XVIII.

      This provision was adopted in 1880 to prevent Senate amendments of the
    class described from escaping consideration in Committee of the Whole
    (IV, 4796). Before the House recodified its rules in the 106th Congress,
    clauses 1 and 3 of this rule occupied a single clause (former clause 1
    of rule XX) (H. Res. 5, Jan. 6, 1999, p. ----).
      While <> a Senate amendment that is merely a
    modification of a House proposition, like the increase or decrease of
    the amount of an appropriation, and does not involve new and distinct
    expenditure, may not be required to be considered in Committee of the
    Whole (IV, 4797-4806; VIII, 2382-2385), where the question was raised
    against a Senate amendment which on its face apparently placed a charge
    upon the Treasury the Speaker held it devolved upon those opposing the
    point of order to cite proof to the contrary (VIII, 2387). When in the
    House an amendment is offered to provide an appropriation for another
    purpose than that of the Senate amendment, the House goes into Committee
    of the Whole to consider it (IV, 4795). When an amendment is referred,
    the entire bill goes to the Committee of the Whole (IV, 4808), but the
    committee considers only the Senate amendment (V, 6192). It usually
    considers all the amendments, although they may not all be within the
    rule requiring such consideration (V, 6195). In Committee of the Whole a
    Senate amendment, even though it be very long, is considered as an
    entirety and not by paragraphs or sections (V, 6194). When reported from
    the Committee of the Whole, Senate amendments are voted on en bloc and
    only those amendments are voted on severally on which a separate vote is
    demanded (VIII, 3191). It has been held that each amendment is subject
    to general debate and amendment under the five-minute rule (V, 6193,
    6196). The requirement of this clause that certain Senate amendments be
    considered in Committee of the Whole applies only before the stage of
    disagreement has been reached on the Senate amendment, and it is too
    late to raise a point of order that Senate amendments should have been
    considered in Committee of the Whole after the House has disagreed
    thereto and the amendments reported from conference in disagreement
    (Oct. 20, 1966, p. 28240; Dec. 4, 1975, p. 38714). The Committee on
    Rules may recommend a special order of business providing that a Senate
    amendment pending at the Speaker's table and otherwise requiring
    consideration in Committee of the Whole under this clause be ``hereby''
    adopted, which special order, if adopted, would obviate the requirement
    of this clause (Deschler, ch. 21, Sec. 16.11; Feb. 4, 1993, p. 2500).

    [[Page [860]]]

      When <> the
    stage of disagreement has been reached on a bill with amendments of the
    other House, motions to dispose of said amendments are privileged in the
    House (clause 4 of rule XXII; IV, 3149, 3150; VI, 756; VIII, 3185,
    3194). The stage of disagreement between the two Houses is reached after
    the House in possession of the papers has either disagreed to the
    amendment(s) of the other House or has insisted on its own amendment to
    a measure of the other House (Sept. 16, 1976, p. 30868), and not merely
    where the other House has returned a bill with an amendment (Dec. 7,
    1977, p. 38728). Thus, where the House concurred in a Senate amendment
    to a House bill with an amendment, insisted on the amendment and
    requested a conference, and the Senate then concurred in the House
    amendment with a further amendment, the matter was privileged in the
    House for further disposition since the House had communicated its
    insistence and request for a conference to the Senate (Speaker Albert,
    Sept. 16, 1976, p. 30868).

      4. <> When the stage of disagreement has been reached on a bill or
    resolution with House or Senate amendments, a motion to dispose of any
    amendment shall be privileged.

      This provision was adopted when the House recodified its rules in the
    106th Congress to codify the privilege of a motion to dispose of an
    amendment after the stage of disagreement has been reached (a practice
    described in Sec. 1074, supra) (H. Res. 5, Jan. 6, 1999, p. ----).

      5. (a) <> Managers on the part of the House may not agree to a
    Senate amendment described in paragraph (b) unless specific authority to
    agree to the amendment first is given by the House by a separate vote
    with respect thereto. If specific authority is not granted, the Senate
    amendment shall be reported in disagreement by the conference committee
    back to the two Houses for disposition by separate motion.
      (b) The managers on the part of the House may not agree to a Senate
    amendment described in paragraph (a) that--

    [[Page [861]]]

          (1) would violate clause 2(a)(1) or (c) of rule XXI if originating
    in the House; or
          (2) proposes an appropriation on a bill other than a general
    appropriation bill.

      This clause was adopted on June 1, 1920 (pp. 8109, 8120). Before the
    House recodified its rules in the 106th Congress, this provision was
    found in former clause 2 of rule XX. The recodification also extended
    the rule to Senate amendments containing reappropriations of unexpended
    balances now referenced in clause 2(c) of rule XXI (H. Res. 5, Jan. 6,
    1999, p. ----).
      While the rule provides for a motion authorizing the managers on the
    part of the House to agree to amendments of the Senate in violation of
    clause 2 of rule XXI, such as a motion to recommit a conference report
    on a general appropriation bill with instructions to agree to a
    legislative Senate amendment (Speaker Albert, Dec. 19, 1973, p. 42565),
    it does not permit a motion to recommit a conference report on a general
    appropriation bill to include instructions to add legislation to that
    contained in a Senate amendment (Nov. 13, 1973, p. 36847). It had been
    customary after a conference on a general appropriation bill with
    numbered Senate amendments for the managers to report certain Senate
    amendments in technical disagreement, and after the partial conference
    report (consisting of agreement on those Senate amendments not in
    violation of clause 2 of rule XXI) is disposed of, the remaining
    amendments are taken up in order and disposed of directly in the House
    by separate motion. When Senate amendments in disagreement are
    considered in this fashion, they are not subject to a point of order
    under this clause (Dec. 4, 1975, p. 38714); and a motion to (recede and)
    concur in the Senate amendment with a further amendment is also in
    order, even if the proposed amendment is also legislation on an
    appropriation bill. The only test is whether the proposed amendment is
    germane to the Senate amendment reported in disagreement (IV, 3909;
    VIII, 3188, 3189; Speaker McCormack, Dec. 15, 1970, p. 41504; Aug. 1,
    1979, pp. 22007-11; Speaker O'Neill, Dec. 12, 1979, p. 35520; June 30,
    1987, p. 18308). In recent years Senate amendments to House-passed
    general appropriation bills have been in the nature of a substitute,
    which are not divided for separate disposition in conference.
      In the event an appropriation bill with Senate amendments in violation
    of clause 2 of rule XXI is sent to conference by unanimous consent, such
    procedure does not thereby prevent a point of order being sustained
    against the conference report should the managers on the part of the
    House violate the provisions of this clause (VII, 1574). But where a
    special rule in the House waives points of order against portions of an
    appropriation bill that are unauthorized by law, and the bill passes the
    House with those provisions included therein and goes to conference, the
    conferees may report back their agreement to those provisions even
    though they remain unau

    [[Page [862]]]

    thorized, since the waiver in the House of points of order under this
    clause carries over to the consideration of the same provisions when the
    conference report is before the House (Dec. 20, 1969, pp. 40445-48,
    consideration of conference report; Dec. 9, 1969, p. 37948, adoption of
    special rule waiving points of order against the bill in the House). The
    rule is a restriction upon the managers on the part of the House only,
    and does not provide for a point of order against a Senate amendment
    when it comes up for action by the House (VII, 1572). Managers may be
    authorized to agree to an appropriation by a resolution reported from
    the Committee on Rules (VII, 1577). House managers may include in their
    report a modification of a Senate amendment that eliminates the
    appropriation in that amendment (June 8, 1972, p. 20280); and the
    prohibition in this clause applies only to language in Senate
    amendments. Thus the conferees may without violating this clause agree
    to language in a Senate bill which was sent to conference (Speaker
    Albert, Jan. 25, 1972, pp. 1076, 1077; June 30, 1976, pp. 21632-34) or
    agree to language in a House bill which was permitted to remain and
    which constitutes an appropriation on a legislative bill (Speaker
    Albert, May 1, 1975, p. 12752).
      A provision in a Senate amendment included in a conference report on
    an authorization bill considered after the relevant appropriation has
    been enacted into law, directing that funds appropriated pursuant to the
    authorization be obligated and expended on a project not specifically
    funded in the appropriation, is itself an appropriation and may not be
    agreed to by House conferees (Nov. 29, 1979, pp. 34113-15); and House
    conferees were held to have violated this clause when they had agreed to
    a provision in a Senate amendment not only authorizing appropriations to
    pay judgments against the United States for the award of attorney fees
    and other court costs, but also requiring that where such payments were
    not paid out of appropriated funds, payment be made in the same manner
    as judgments under 28 U.S.C. 2414 and 2517 (payable directly out of the
    Treasury pursuant to a direct appropriation previously provided by law
    in 31 U.S.C. 1304) (Oct. 1, 1980, pp. 28637-40).

      6. A Senate amendment carrying a tax or tariff measure in violation of
    clause 5(a) of rule XXI may not be agreed to.

      This provision was adopted when the House recodified its rules in the
    106th Congress to reiterate the prohibition found in clause 5(a) of rule
    XXI against a bill or joint resolution carrying a tax or tariff measure
    not reported by the Committee on Ways and Means (H. Res. 5, Jan. 6,
    1999, p. ----).

    [[Page [863]]]

    Conference reports; amendments reported in disagreement
      7. (a) <> The presentation of a conference report
    shall be in order at any time except during a reading of the Journal or
    the conduct of a record vote, a vote by division, or a quorum call.

      The practice of giving conference reports privilege dates from 1850,
    having had its origin in a temporary rule. This practice was continued
    by rulings of the Chair until this rule was adopted in 1880 (V, 6443-
    6446, 6454). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 1(a) of rule XXVIII
    (H. Res. 5, Jan. 6, 1999, p. ----). For the requirement of a tax
    complexity analysis in either the joint statement or the Record, see
    clause 11 of this rule.
      Under the language of the rule a conference report may be presented:
    (1) while a Member is occupying the floor in debate (V, 6451; VIII
    3294); (2) while a bill is being read (V, 6448); (3) after the yeas and
    nays have been ordered (V, 6457); (4) after a vote by tellers and
    pending the question of ordering the yeas and nays, although it may not
    be presented while the House is dividing (V, 6447); (5) after the
    previous question has been demanded or ordered (V, 6449, 6450); (6)
    during a call of the House if a quorum be present (V, 6456); and (7) on
    Calendar Wednesday (VII, 907), but consideration of such reports yields
    to Calendar Wednesday business (VII, 899). It even takes precedence of:
    (1) the motion to reconsider (V, 5605); (2) the motion to go into the
    Committee of the Whole for consideration of general appropriation bills
    (VIII, 3291); (3) consideration of District of Columbia business on
    Monday (VIII, 3292); (4) unfinished business (Speaker O'Neill, Oct. 4,
    1978, p. 33473); (5) a motion to adjourn (V, 6451-6453), although as
    soon as the report is presented the motion to adjourn may be put (V,
    6451-6453); (6) a report from the Committee on Rules (V, 6449), and has
    been permitted to intervene when a special order provides that the House
    shall consider a certain bill ``until the same is disposed of'' (V,
    6454). The consideration of a conference report may be interrupted, even
    in the midst of the reading of the statement, by the arrival of the hour
    previously fixed for a recess (V, 6524). Of course, a question of
    privilege which relates to the integrity of the House as an agency for
    action may not be required to yield precedence to a matter entitled to
    priority merely by the rules relating to the order of business (V,
    6454).
      The question of consideration under clause 3 of rule XVI may be
    demanded against a conference report before points of order against the
    report are raised (VIII, 2439; Speaker Albert, Sept. 28, 1976, p.
    33019). The motion to lay on the table may not be applied to a
    conference report (V, 6540). The Chair will not recognize for a
    unanimous consent request to

    [[Page [864]]]

    correct a conference report, including the joint statement of managers,
    as it is a joint report to the two Houses (Oct. 3, 2000, p. ----).
      While the rule provides that the managers of the House asking for
    conference shall leave the papers with the managers of the other
    (Sec. Sec. 555-556, supra), if the managers on the part of the House
    agreeing to a conference surrender the papers to the House asking the
    conference, the report may be received first by the House asking the
    conference (VIII, 3330).
      For further discussion of conference reports, see provisions of
    Jefferson's Manual at Sec. Sec. 527-559, supra.

      (b)(1) <> Subject to subparagraph (2) the time allotted for debate on
    a motion to instruct managers on the part of the House shall be equally
    divided between the majority and minority parties.
      (2) If the proponent of a motion to instruct managers on the part of
    the House and the Member, Delegate, or Resident Commissioner of the
    other party identified under subparagraph (1) both support the motion,
    one-third of the time for debate thereon shall be allotted to a Member,
    Delegate, or Resident Commissioner who opposes the motion on demand of
    that Member, Delegate, or Resident Commissioner.

      This paragraph was added in the 101st Congress (H. Res. 5, Jan. 3,
    1989, p. 72). Before the House recodified its rules in the 106th
    Congress, it was found in former clause 1(b) of rule XXVIII (H. Res. 5,
    Jan. 6, 1999, p. ----). The division of debate time specified in this
    clause does not apply to an amendment to a motion after defeat of the
    previous question thereon, and the proponent of such an amendment is
    recognized for one hour under clause 2 of rule XVII (former clause 2 of
    rule XIV) (Oct. 3, 1989, p. 22863; July 14, 1993, p. 15668; Aug. 1,
    1994, p. 18868). The proponent of a motion to instruct conferees has the
    right to close debate (July 28, 1994, p. 18405; July 26, 1996, p.
    19450).

    [[Page [865]]]

      (c)(1) <> A motion to instruct managers
    on the part of the House, or a motion to discharge all managers on the
    part of the House and to appoint new conferees, shall be privileged
    after a conference committee has been appointed for 20 calendar days and
    10 legislative days without making a report, but only on the day after
    the calendar day on which the Member, Delegate, or Resident Commissioner
    offering the motion announces to the House his intention to do so and
    the form of the motion.
      (2) The Speaker may designate a time in the legislative schedule on
    that legislative day for consideration of a motion described in
    subparagraph (1).
      (3) During the last six days of a session of Congress, the period of
    time specified in subparagraph (1)(A) shall be 36 hours.
      (d) Instructions to conferees in a motion to instruct or in a motion
    to recommit to conference may not include argument.

      Paragraph (c) (former clause 1(c) of rule XXVIII) was adopted December
    8, 1931 (VIII, 3225). The notice requirement was added on January 3,
    1989 (H. Res. 5, 101st Cong., p. 72), and amended on January 5, 1993 (H.
    Res. 5, 103d Cong., p. 49) to clarify that both the motion to discharge
    conferees and appoint new conferees and the motion to instruct conferees
    after the requisite time in conference are subject to one day's notice,
    and to authorize the Speaker to designate a time in that day's
    legislative schedule for the consideration of a noticed motion to
    discharge or instruct conferees. Paragraph (c) was amended again in the
    108th Congress to permit the motion to be offered after not only 20
    calendar days but also after 10 legislative days, measured concurrently
    (sec. 2(p), H. Res. 5, Jan. 7, 2003, p. ----). Before the House
    recodified its rules in the 106th Congress, paragraph (c) was found in
    former clause 1(c) of rule XXVIII (H. Res. 5, Jan. 6, 1999, p. ----).
    Recodification resulted in certain unintended changes to paragraph (c),
    and the paragraph was restored to its original

    [[Page [866]]]

    intent in the 107th Congress (sec. 2(r), H. Res. 5, Jan. 3, 2001, p. --
    --). Paragraph (d) was added in the 107th Congress (sec. 2(r), H. Res.
    5, Jan. 3, 2001, p. ----).
      The motion to instruct conferees under this clause may be repeated
    notwithstanding prior disposition of an identical motion to instruct,
    because any number of proper motions to instruct are in order after
    conferees have not reported within the requisite time (Speaker Albert,
    July 22, 1974, p. 24448; July 10, 1985, p. 18440), and the motion
    remains available when a conference report, filed after the requisite
    time, is recommitted by the first House to act thereon, since the
    conferees are not discharged and the original conference remains in
    being (June 28, 1990, p. 16156). A motion under this clause may instruct
    House conferees to insist on holding conference sessions under just and
    fair conditions, and in executive session if desirable (Aug. 1, 1935, p.
    12272), and may instruct House conferees to meet with Senate conferees
    (May 2, 1984, p. 10732). The motion to instruct conferees under this
    clause is of equal privilege with the motion to suspend the rules on a
    suspension day (Mar. 1, 1988, pp. 2749, 2751, 2754). The motion to
    adjourn is in order while a motion to instruct under this paragraph is
    pending (Sept. 30, 1997, p. ----), and, if such a motion to adjourn is
    adopted, the motion to instruct is rendered unfinished business on the
    next day without need for further notice under this paragraph (Oct. 1,
    1997, p. ----). Under clause 8(a)(2)(C) of rule XX, proceedings may not
    resume on a postponed question of agreeing to a 20-day motion to
    instruct conferees after the managers have filed a conference report in
    the House (Oct. 19, 1999, p. ----).

      (e) <> Each conference report to the House shall be printed as a
    report of the House. Each such report shall be accompanied by a joint
    explanatory statement prepared jointly by the managers on the part of
    the House and the managers on the part of the Senate. The joint
    explanatory statement shall be sufficiently detailed and explicit to
    inform the House of the effects of the report on the matters committed
    to conference.

      The original rule requiring the submission of a statement was adopted
    in 1880 (V, 6443) and remained in effect through the 91st Congress. The
    precedents carried in this annotation are in interpretation of that
    earlier rule, which required only that the statement be signed by a
    majority of the House managers (V, 6505, 6506) and did not anticipate a
    statement jointly prepared by the managers on the part of the House and
    those on the part of the Senate. The rule was revised in the Legislative
    Reorganiza

    [[Page [867]]]

    tion Act of 1970 (sec. 125(b); 84 Stat. 1140) and made a part of the
    standing Rules of the House in its present form in the 92d Congress (H.
    Res. 5, Jan. 22, 1971, p. 144). Before the House recodified its rules in
    the 106th Congress, this provision was found in former clause 1(d) of
    rule XXVIII (H. Res. 5, Jan. 6, 1999, p. ----).
      The Speaker may require the statement to be in proper form (V, 6513),
    but it is for the House and not the Speaker to determine whether or not
    it conforms to the rule in other respects (V, 6511, 6512). A report may
    not be received without the accompanying statement (V, 6504, 6514,
    6515). A quorum among the managers on the part of the House at a
    committee of conference is established by their signatures on the
    conference report and joint explanatory statement (Oct. 4, 1994, p.
    27662). When the House by unanimous consent permitted the chairman of a
    House committee to insert in the Record extraneous material to
    supplement a joint statement of managers, the Chair announced that the
    insertion did not constitute a revised joint statement of managers (Oct.
    10, 1998, p. ----).
      The <> Unfunded Mandates Reform
    Act of 1995 (P.L. 104-4; 109 Stat. 48) added a new part B to title IV of
    the Congressional Budget Act of 1974 (2 U.S.C. 658-658g) that requires a
    committee of conference to ensure that the Director of that Office
    prepares a statement with respect to unfunded costs of any additional
    Federal mandate contained in the conference agreement. See Sec. 1127,
    infra.

      8. (a)(1) <> Except as
    specified in subparagraph (2), it shall not be in order to consider a
    conference report until--
          (A) the third calendar day (excluding Saturdays, Sundays, or legal
    holidays except when the House is in session on such a day) on which the
    conference report and the accompanying joint explanatory statement have
    been available to Members, Delegates, and the Resident Commissioner in
    the Congressional Record; and
          (B) copies of the conference report and the accompanying joint
    explanatory statement have been available to Members, Delegates, and the
    Resident Commissioner for at least two hours.

    [[Page [868]]]

      (2) Subparagraph (1)(A) does not apply during the last six days of a
    session of Congress.

      The original rule (former clause 2(a) of rule XXVIII) requiring that
    conference reports be printed in the Record was adopted in 1902 (V,
    6516). The three-day layover requirement, as well as the provisions
    relating to the availability of copies of the conference report and the
    division of time for debate, were added by section 125(b) of the
    Legislative Reorganization Act of 1970 and made part of the rules in the
    92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). The paragraph was
    amended again the next year to clarify the manner of counting the three
    days for the layover period (H. Res. 1153, Oct. 13, 1972, p. 36023). In
    the 104th Congress it was amended once more to count as a ``calendar
    day'' any day on which the House is in session (H. Res. 254, Nov. 30,
    1995, p. 35077). The paragraph was amended in the 94th Congress (Feb.
    26, 1976, p. 4625) to require copies of conference reports to be
    available for two hours before consideration and to allow for the
    immediate consideration of a resolution from the Committee on Rules
    waiving that requirement (clause 8(e)). Before the House recodified its
    rules in the 106th Congress, this provision was found in former clause
    2(a) of rule XXVIII. At that time the portion of clause 2(a) permitting
    immediate consideration of a resolution reported by the Rules Committee
    only waiving the layover requirement was tranferred to clause 8(e) and
    the portion of clause 2(a) addressing debate was transferred to clause
    8(d) (H. Res. 5, Jan. 6, 1999, p. ----).
      For an example of a resolution reported by the Committee on Rules only
    waiving the availability requirement of this clause and called up the
    same day reported without a two-thirds vote, see Aug. 10, 1984 (p.
    23978). When managers report that they have been unable to agree, the
    report is not acted on by the House (V, 6562; VIII, 3329; Aug. 23, 1957,
    p. 15816).

      (b)(1) <> Except as specified in subparagraph (2), it shall not be
    in order to consider a motion to dispose of a Senate amendment reported
    in disagreement by a conference committee until--
          (A) the third calendar day (excluding Saturdays, Sundays, or legal
    holidays except when the House is in session on such a day) on which the
    report in disagreement and any accompanying statement have been
    available to Members, Delegates, and the Resident Commissioner in the
    Congressional Record; and

    [[Page [869]]]

          (B) copies of the report in disagreement and any accompanying
    statement, together with the text of the Senate amendment, have been
    available to Members, Delegates, and the Resident Commissioner for at
    least two hours.
      (2) Subparagraph (1)(A) does not apply during the last six days of a
    session of Congress.

      This provision (former clause 2(b)(1) of rule XXVIII), relating to the
    consideration of amendments reported from conference in disagreement,
    was added in 1972 (H. Res. 1153, Oct. 13, 1972, p. 36023) and became
    effective at the end of the 92d Congress. In the 94th Congress the
    provision was amended to require copies of amendments reported from
    conference in disagreement to be available for two hours before
    consideration and to allow for the immediate consideration of a
    resolution from the Committee on Rules waiving that requirement (H. Res.
    868, Feb. 26, 1976, p. 4625). In the 104th Congress the provision was
    amended to count as a ``calendar day'' any day on which the House is in
    session (H. Res. 254, Nov. 30, 1995, p. 35077). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 2(b)(1) of rule XXVIII. At that time the portion of clause
    2(b)(1) addressing debate was transferred to clause 8(d) of rule XXII,
    and the portion of clause 2(b)(1) permitting immediate consideration of
    a resolution reported by the Rules Committee only waiving the layover
    requirement was transferred to clause 8(e) of this rule (H. Res. 5, Jan.
    6, 1999, p. ----).
      Until the adoption of paragraph (b), a report in total disagreement
    was not printed in the Record before the amendment in disagreement was
    again taken up in the House (VIII, 3299, 3332).

      (3) <> During consideration of a Senate amendment reported in
    disagreement by a conference committee on a general appropriation bill,
    a motion to insist on disagreement to the Senate amendment shall be
    preferential to any other motion to dispose of that amendment if the
    original motion offered by the floor manager proposes to change existing
    law and the motion to insist is offered before debate on the original
    motion by the chairman of the committee having jurisdiction of the
    subject

    [[Page [870]]]

    matter of the amendment or a designee. Such a preferential motion shall
    be separately debatable for one hour equally divided between its
    proponent and the proponent of the original motion. The previous
    question shall be considered as ordered on the preferential motion to
    its adoption without intervening motion.

      This provision was added in the 103d Congress (H. Res. 5, Jan. 5,
    1993, p. 49) to make preferential and separately debatable a motion to
    insist on disagreement to a Senate amendment to a general appropriation
    bill, if: (1) the Senate amendment has been reported from conference in
    disagreement; (2) the original motion to dispose of the Senate amendment
    proposes to change existing law; and (3) the motion to insist is timely
    offered by the chairman of a committee of jurisdiction or a designee.
    Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 2(b)(2) of rule XXVIII (H. Res. 5,
    Jan. 6, 1999, p. ----). The Committee on Post Office and Civil Service
    (now Government Reform) has jurisdiction under clause 1 of rule X over
    the subject of a Senate legislative amendment entitling Forest Service
    employees to separation pay, enabling the chairman of that committee to
    offer a preferential motion to insist under this clause (Oct. 20, 1993,
    p. 25589).

      (c) <> A conference report or a Senate amendment reported in
    disagreement by a conference committee that has been available as
    provided in paragraph (a) or (b) shall be considered as read when called
    up.

      Paragraph (c) was added in the 96th Congress (H. Res. 5, Jan. 15,
    1979, pp. 7-16). Before the House recodified its rules in the 106th
    Congress, this provision was found in former clause 2(c) of rule XXVIII
    (H. Res. 5, Jan. 6, 1999, p. ----).

      (d)(1) <> Subject to subparagraph (2), the
    time allotted for debate on a conference report or on a motion to
    dispose of a Senate amendment reported in disagreement by a conference
    committee shall be equally divided between the majority and minority
    parties.

    [[Page [871]]]

      (2) If the floor manager for the majority and the floor manager for
    the minority both support the conference report or motion, one-third of
    the time for debate thereon shall be allotted to a Member, Delegate, or
    Resident Commissioner who opposes the conference report or motion on
    demand of that Member, Delegate, or Resident Commissioner.

      This provision was adopted in the 99th Congress as former clauses 2(a)
    and 2(b)(1) of rule XXVIII (H. Res. 7, Jan. 3, 1985, p. 393). When the
    House recodified its rules in the 106th Congress, those provisions
    addressing debate in clause 2(a) and 2(b)(1) were consolidated into this
    provision (H. Res. 5, Jan. 6, 1999, p. ----).
      Recognition of one Member in opposition does not depend upon party
    affiliation and is within the discretion of the Speaker (Dec. 11, 1985,
    p. 36069; Dec. 16, 1985, p. 36716; Oct. 15, 1986, p. 31631), who accords
    priority in recognition to a member of the conference committee (Speaker
    Wright, Dec. 21, 1987, pp. 37093, 37516). The Chair will assume that the
    minority manager supports a conference report if the manager signed the
    report and is not immediately present to claim the contrary (Oct. 12,
    1995, p. 27795). Where the time is divided three ways, the right to
    close debate falls to the majority manager calling up the conference
    report (May 2, 2002, p. ----), preceded by the minority manager,
    preceded in turn by the Member in opposition--i.e., the reverse order of
    the recognition to begin debate (Aug. 4, 1989, p. 19301).
      Following rejection of a conference report on a point of order, debate
    on a motion to dispose of the Senate amendment remaining in disagreement
    is evenly divided between the majority and minority under the rationale
    contained in this provision (Sept. 30, 1976, pp. 34074-34100). Following
    vitiation of a conference report held to violate clause 9 of rule XXII,
    debate on a motion to recede and concur in a Senate amendment with an
    amendment also is evenly divided. (Nov. 14, 2002, p. ----).
      The custom has developed, however, of equally dividing between
    majority and minority parties the time on all motions to dispose of
    amendments emerging from conference in disagreement, whether reported in
    disagreement or before the House upon rejection of a conference report
    by a vote or on a point of order (Speaker Albert, Sept. 27, 1976, pp.
    32719-26; Sept. 30, 1976, pp. 34074-34100), upon rejection of an initial
    motion to dispose of the amendment (July 2, 1980, pp. 18357-59; Aug. 6,
    1993, p. 19582), on a motion to concur in a new Senate amendment where
    the Senate had receded with an amendment from one of its amendments
    reported from conference in disagreement (Mar. 24, 1983, p. 7301), or on
    a motion to dispose of a further stage of amendment which is
    subsequently before the

    [[Page [872]]]

    House (Aug. 1, 1985, p. 22561; Dec. 19, 1985, p. 38360). A Member
    offering a preferential motion does not thereby control one-half of the
    time, as all debate is allotted under the original motion (May 14, 1975,
    p. 14385). The minority Member in charge controls 30 minutes for debate
    only and can only yield to other Members for debate (Dec. 4, 1975, p.
    38716). Where time for debate on such a motion is equally divided, the
    previous question may not be moved by the Member first recognized so as
    to prevent the Member from the other party from controlling half the
    debate and from offering a proper preferential motion to dispose of the
    Senate amendment (July 2, 1980, p. 18360). The right to close the debate
    on a motion to dispose of an amendment where the time is divided three
    ways falls to the manager offering the motion (Nov. 21, 1989, p. 30814).
      The division of time for debate on a motion to dispose of a Senate
    amendment reported from conference in disagreement under this provision
    does not extend to separate debate on an amendment thereto, which is
    governed by the general hour rule in the House (clause 2 of rule XVII)
    (Sept. 17, 1992, p. 25437).

      (e) <> Under clause 6(a)(2) of rule XIII, a
    resolution proposing only to waive a requirement of this clause
    concerning the availability of reports to Members, Delegates, and the
    Resident Commissioner may be considered by the House on the same day it
    is reported by the Committee on Rules.

      This provision was adopted in the 94th Congress to former clauses 2(a)
    and 2(b)(1) of rule XXVIII (Feb. 26, 1976, p. 4625). When the House
    recodified its rules in the 106th Congress, those provisions in former
    clauses 2(a) and 2(b)(1) permitting immediate consideration of a
    resolution from the Committee on Rules only waiving the layover
    requirement were consolidated into this provision (H. Res. 5, Jan. 6,
    1999, p. ----).

      9. <> Whenever a disagreement to an amendment has been
    committed to a conference committee, the managers on the part of the
    House may propose a substitute that is a germane modification of the
    matter in disagreement. The introduction of any language presenting
    specific additional matter not committed to the conference committee by
    either House

    [[Page [873]]]

    does not constitute a germane modification of the matter in
    disagreement. Moreover, a conference report may not include matter not
    committed to the conference committee by either House and may not
    include a modification of specific matter committed to the conference
    committee by either or both Houses if that modification is beyond the
    scope of that specific matter as committed to the conference committee.

      This provision (former clause 3 of rule XXVIII) is derived from
    section 135(a) of the Legislative Reorganization Act of 1946 (60 Stat.
    812) and originally was made a part of the standing rules on January 3,
    1953 (p. 24). The clause was revised on January 22, 1971 (p. 144)
    following the passage of the Legislative Reorganization Act of 1970 (84
    Stat. 1140) which carried a similar provision in section 125(b). Before
    the House recodified its rules in the 106th Congress, this provision was
    found in former clause 3 of rule XXVIII (H. Res. 5, Jan. 6, 1999, p. --
    --).
      Where one House strikes out of a bill of the other all after the
    enacting clause and inserts a new text, House managers, under the
    restrictions of this clause, may not agree to the deletion of certain
    language committed to conference if the effect of such deletion results
    in broadening the scope of the matter in disagreement (Dec. 14, 1971, p.
    46779). Where one House authorizes certain funds for a fiscal year and
    the other House authorizes a lesser amount for that year as well as
    additional funds for the subsequent year, and neither version contains
    an overall amount, House managers do not exceed their authority under
    this rule by including in the report the amount authorized by one House
    for the first year and the other House for the subsequent year, even
    though the total authorization resulting from this compromise exceeds
    that possible under either version (June 8, 1972, p. 20281). Where a
    House version authorized endowment payments for certain colleges and the
    Senate version conferred land-grant college status on those institutions
    and contained a higher endowment figure, House conferees remained within
    their authority under this clause by accepting the Senate provision on
    land-grant status and the lower House figure for endowment payments
    (Speaker Albert, June 8, 1972, p. 20280). Where the House version of a
    bill contained provisions for local funding of merit schools, but
    neither version contained a provision for State funding, a motion to
    recommit to conference with instructions to provide State funding for
    merit schools was held to exceed the scope of the differences committed
    to conference (Sept. 30, 1992, p. 29126). A conference report containing
    a provision that the joint statement of managers described as having no

    [[Page [874]]]

    counterpart in either the House bill or Senate amendment was held to
    exceed scope (Nov. 14, 2002, p. ----).
      While the scope of differences committed to conference--where one
    House has amended an existing law and the other House has implicitly
    taken the position of existing law by remaining silent on the subject--
    may properly be measured between those issues presented in the amending
    language and comparable provisions of existing law, the inclusion in a
    conference report of new matter not specifically contained in the
    amending version and not demonstrably contained in existing law may be
    ruled out as an additional issue not committed to conference in
    violation of this clause (Speaker Albert, Dec. 20, 1974, p. 41849). Thus
    where one House has amended an existing law and the other House has
    implicitly taken the position of existing law by only authorizing sums
    for the purpose of existing law, the scope of differences committed to
    conference may be measured between issues presented in the amending
    language and relevant provisions of the existing law; but the inclusion
    in a conference report of requirements and issues incorporated into
    existing law which were not contained in either version and which are
    not repetitive of existing law may be ruled out in violation of this
    paragraph (Speaker O'Neill, Oct. 14, 1977, pp. 33770-73).
      A mere change in phraseology in a conference report (from language in
    either the House or Senate version) may be permitted to achieve
    legislative consistency where it is not shown that its effect is to
    broaden the scope of the language beyond the differences committed to
    conference, as where the report waives provisions of law for all
    programs in the bill and the House version waives those provisions for
    one section of the bill only (the Senate having no comparable provision)
    but the scope of programs covered by the report was coextensive with
    those in the designated section of the House version (Speaker Albert,
    May 1, 1975, p. 12752). The conferees may include language clarifying
    and limiting the duties imposed on an official by one House's version
    where that modification does not expand the authority conferred in that
    version or contained in existing law (the position of the other House)
    (Speaker Albert, July 29, 1975, p. 25515) and may confer broader
    authority on an official than that contained in one House's version if
    such authority is coextensive with the authority contained in existing
    law which the other House has retained (Apr. 13, 1976, p. 10803). Where
    the Senate version authorized citizen suits to enforce existing law
    except where Federal officials were pursuing enforcement proceedings and
    the House version, with no comparable provision, retained existing law
    which did not permit such suits, the conferees exceeded the scope of the
    differences by further prohibiting citizen suits where State officials
    were pursuing enforcement proceedings--a new exception allowing State
    preemption of citizen suits (Sept. 27, 1976, p. 33019). A point of order
    was sustained against a motion to instruct conferees since directing the
    conferees to agree to matter violating this clause: the House bill
    created an energy trust fund composed of certain revenues to be
    distributed by

    [[Page [875]]]

    subsequent legislation; the Senate amendment created a similar trust
    fund with suggested but not mandated distribution, and the motion
    directed House conferees to insist on a mandatory allocation of revenues
    in question among specified purposes, some of which were not addressed
    in the Senate amendment (Feb. 28, 1980, p. 4304).
      Prior to the 1971 revision of this clause, where one House struck out
    of a bill of the other all after the enacting clause and inserted a new
    text, conferees could discard language occurring both in the bill and
    substitute (VIII, 3266) and exercise broad discretion in incorporating
    germane amendments (VIII, 3263-3265), even to the extent of reporting a
    new bill germane to the subject (V, 6421, 6423, 6424; VIII, 3248).
    However, the present language of the rule prohibits the inclusion in a
    conference report or in a motion to instruct House conferees of
    additional topics not committed to conference by either House or beyond
    the scope of the differences committed to conference; and the precedents
    predating the adoption of this clause in 1971 must be read in light of
    the explicit restrictions now contained in the clause (Sept. 27, 1976,
    p. 32719). As such, a conference report may not include a new topic or
    issue that, although germane, was not committed to conference by either
    House (Mar. 25, 1992, p. 6843; Apr. 9, 1992, p. 9022). For example, a
    motion to instruct conferees on a general appropriation bill may not
    instruct the conferees to include a funding limitation not contained in
    the House bill or Senate amendment (Sept. 13, 1994, p. 24402).
    Similarly, a motion to recommit a conference report may not instruct
    conferees to expand definitions to include classes not covered under the
    House bill or Senate amendment (Sept. 29, 1994, p. 26781) or to include
    provisions not contained in the House bill or Senate amendment (Dec. 21,
    1995, p. 38138). A waiver of all points of order against a conference
    report to accompany a measure and against its consideration does not
    inure to instructions contained in a motion to recommit such measure to
    conference (Sept. 29, 1994, p. 26781). Some latitude does remain to
    House managers to eliminate specific words or phrases contained in
    either version and add words or phrases not included in either version
    so long as they remain within the scope of the differences committed to
    conference and do not incorporate additional topics, issues, or
    propositions not committed to conference (Speaker Albert, Sept. 28,
    1976, pp. 33020-23).
      For a discussion of the remedy where managers exceed their authority,
    see Sec. 547, supra.

      10. (a)(1) <> A Member, Delegate, or
    Resident Commissioner may raise a point of order against nongermane
    matter, as specified in subparagraph (2), before the commencement of
    debate on--

    [[Page [876]]]

          (A) a conference report;
          (B) a motion that the House recede from its disagreement to a
    Senate amendment reported in disagreement by a conference committee and
    concur therein, with or without amendment; or
          (C) a motion that the House recede from its disagreement to a
    Senate amendment on which the stage of disagreement has been reached and
    concur therein, with or without amendment.
      (2) A point of order against nongermane matter is one asserting that a
    proposition described in subparagraph (1) contains specified matter that
    would violate clause 7 of rule XVI if it were offered in the House as an
    amendment to the underlying measure in the form it was passed by the
    House.
      (b) If a point of order under paragraph (a) is sustained, a motion
    that the House reject the nongermane matter identified by the point of
    order shall be privileged. Such a motion is debatable for 40 minutes,
    one-half in favor of the motion and one-half in opposition thereto.
      (c) After disposition of a point of order under paragraph (a) or a
    motion to reject under paragraph (b), any further points of order under
    paragraph (a) not covered by a previous point of order, and any
    consequent motions to reject under paragraph (b), shall be likewise
    disposed of.
      (d)(1) If a motion to reject under paragraph (b) is adopted, then
    after disposition of all points of

    [[Page [877]]]

    order under paragraph (a) and any consequent motions to reject under
    paragraph (b), the conference report or motion, as the case may be,
    shall be considered as rejected and the matter remaining in disagreement
    shall be disposed of under subparagraph (2) or (3), as the case may be.
      (2) After the House has adopted one or more motions to reject
    nongermane matter contained in a conference report under the preceding
    provisions of this clause--
          (A) if the conference report accompanied a House measure amended
    by the Senate, the pending question shall be whether the House shall
    recede and concur in the Senate amendment with an amendment consisting
    of so much of the conference report as was not rejected; and
          (B) if the conference report accompanied a Senate measure amended
    by the House, the pending question shall be whether the House shall
    insist further on the House amendment.
      (3) After the House has adopted one or more motions to reject
    nongermane matter contained in a motion that the House recede and concur
    in a Senate amendment, with or without amendment, the following motions
    shall be privileged and shall have precedence in the order stated:
          (A) A motion that the House recede and concur in the Senate
    amendment with an amendment in writing then available on the floor.

    [[Page [878]]]

          (B) A motion that the House insist on its disagreement to the
    Senate amendment and request a further conference with the Senate.
          (C) A motion that the House insist on its disagreement to the
    Senate amendment.
      (e) If, on a division of the question on a motion described in
    paragraph (a)(1)(B) or (C), the House agrees to recede, then a Member,
    Delegate, or Resident Commissioner may raise a point of order against
    nongermane matter, as specified in paragraph (a)(2), before the
    commencement of debate on concurring in the Senate amendment, with or
    without amendment. A point of order under this paragraph shall be
    disposed of according to the preceding provisions of this clause in the
    same manner as a point of order under paragraph (a).

      This provision (former clause 4 of rule XXVIII addressing nongermane
    matter in conference reports) was included as part of the revision of
    former rules XX and XXVIII that took place effective at the end of the
    92d Congress (H. Res. 1153, Oct. 13, 1972, p. 36023). The same
    resolution repealed the former clause 3 of rule XX, which had been
    enacted as part of the Legislative Reorganization Act of 1970 to
    restrict the authority of House conferees to agree without prior
    permission of the House to Senate amendments that would violate clause 7
    of rule XVI if offered in the House. This provision (former clause 5 of
    rule XXVIII addressing nongermane matter in amendments in disagreement)
    was added on April 9, 1974 (H. Res. 998, 93d Cong., pp. 10195-99) which
    deleted from clause 1 of rule XX and transferred to former clause 5 of
    rule XXVIII the procedures concerning disposition of Senate nongermane
    amendments. The provision was amended on April 9, 1974 (H. Res. 998, 93d
    Cong., pp. 10195-99) in order to make this clause applicable to
    provisions originally contained in Senate bills sent to conference, and
    not merely to Senate amendments to House bills in conference. The
    provision was further amended in the 96th Congress (H. Res. 5, Jan. 15,
    1979, pp. 7-16) to provide that if the conference report is considered
    read under this rule, a point of order under this clause must be made
    immediately upon consideration of the conference report. When the House
    recodified its rules, it consolidated former clauses 4 and 5 of rule
    XXVIII under this clause (H. Res. 5, Jan. 6, 1999, p. ----).

    [[Page [879]]]

      The <> procedure provided in this clause for addressing
    nongermane matter in conference reports was first utilized on September
    11, 1973 (pp. 29243-46), when the Chair sustained two points of order
    against portions of a conference report which were modifications of
    portions of a Senate amendment in the nature of a substitute not germane
    to a House bill. If any motion to reject is adopted under this clause
    and the matter then pending before the House consists of numbered Senate
    amendments in disagreement, the pending question is whether to dispose
    of each Senate amendment not rejected as recommended in the conference
    report and to insist on disagreement to those amendments which have been
    rejected.
      Where a point of order against a portion of a conference report has
    been sustained under this clause, the Speaker will not entertain another
    point of order against the report or against another portion thereof
    until a motion to reject the portion held nongermane (if made) has been
    disposed of (Speaker Albert, Dec. 15, 1975, p. 40671). The Member
    representing the conference committee in opposition to a motion to
    reject under this clause, and not the proponent of the motion, has the
    right to close debate thereon (Oct. 15, 1986, p. 31502).
      Once a motion to reject a nongermane portion has been adopted by the
    House and the Speaker has recognized a Member to offer a motion
    comprising the pending question under this clause, the report is
    rejected and it is too late to make a point of order against the entire
    conference report under clause 9 (former clause 3) of this rule (Speaker
    Albert, Dec. 15, 1975, p. 40671).
      Where possible, the Speaker rules on points of order against
    conference reports which if sustained will vitiate the entire conference
    report (as under clause 9 of this rule or under the Congressional Budget
    Act) before entertaining points of order under this clause (Speaker
    Albert, Sept. 23, 1976, p. 32099).
      The <> provisions of this clause addressing nongermane matter
    in amendments in disagreement was first utilized on July 31, 1974 (p.
    26083), when the Chair sustained a point of order against a portion of a
    motion to recede and concur in a Senate amendment (reported from
    conference in disagreement) with a further amendment, on the ground that
    that portion of the Senate amendment contained in the motion was not
    germane to the House-passed measure, and a motion rejecting that portion
    of the motion to recede and concur with an amendment was offered and
    defeated. This clause is not applicable to a provision contained in a
    motion to recede and concur with an amendment which was not contained in
    any form in the Senate version and which is not therefore a modification
    of the Senate provision, the only requirement in such circumstances
    being that the motion as a whole be germane to the Senate amendment as a
    whole under clause 7 of rule XVI (Oct. 4, 1978, p. 33502; June 30, 1987,
    p. 18294). A point of order under clause 4 (former clause 5(a)) of rule
    XXI (appropria

    [[Page [880]]]

    tions on a legislative bill) against a motion to dispose of a Senate
    amendment in disagreement which, if sustained, would vitiate the entire
    motion, must be disposed of prior to a point of order against a
    nongermane amendment in disagreement under this clause which, if
    sustained, would merely permit a separate vote on rejection of that
    portion of the motion (Oct. 1, 1980, pp. 28638-42).

      11. <> It shall not be in
    order to consider a conference report to accompany a bill or joint
    resolution that proposes to amend the Internal Revenue Code of 1986
    unless--
          (a) the joint explanatory statement of the managers includes a tax
    complexity analysis prepared by the Joint Committee on Internal Revenue
    Taxation in accordance with section 4022(b) of the Internal Revenue
    Service Restructuring and Reform Act of 1998; or
          (b) the chairman of the Committee on Ways and Means causes such a
    tax complexity analysis to be printed in the Congressional Record before
    consideration of the conference report.

      The Internal Revenue Service Restructuring and Form Act of 1998 (sec.
    4022, P.L. 105-206) added this provision as a new clause 7 of rule
    XXVIII. When the House recodified its rules in the 106th Congress, this
    provision was transferred to clause 11 of rule XXII (H. Res. 5, Jan. 6,
    1999, p. ----).

      12. (a)(1) <> Subject to
    subparagraph (2), a meeting of each conference committee shall be open
    to the public.
      (2) In open session of the House, a motion that managers on the part
    of the House be permitted to close to the public a meeting or meetings
    of their conference committee shall be privileged, shall be decided
    without debate, and shall be decided by the yeas and nays.

    [[Page [881]]]

      (b) A point of order that a conference committee failed to comply with
    paragraph (a) may be raised immediately after the conference report is
    read or considered as read. If such a point of order is sustained, the
    conference report shall be considered as rejected, the House shall be
    considered to have insisted on its amendments or on disagreement to the
    Senate amendments, as the case may be, and to have requested a further
    conference with the Senate, and the Speaker may appoint new conferees
    without intervening motion.

      This clause as originally added to former rule XXVIII on January 14,
    1975 (H. Res. 5, 94th Cong., p. 20) provided that conference committee
    meetings be open except where a majority of the managers of the House or
    Senate voted to close the meeting, and provided that the clause not
    become effective until the Senate adopted a similar rule. The Senate
    adopted an identical rule on November 5, 1975 (p. 35203). The clause was
    substantially changed on January 4, 1977 (H. Res. 5, 95th Cong., pp. 53-
    70) to require that conference meetings be open except where the House
    by record vote determines that a meeting may be closed, to allow a point
    of order against a conference report where the conferees have violated
    this clause, and to provide for subsequent disposition of the matter
    reported from conference should such a point of order be sustained. It
    was further amended in the 96th Congress (H. Res. 5, Jan. 15, 1979, pp.
    7-16) to provide that if the conference report is considered read under
    this rule, a point of order under this clause must be made immediately
    upon consideration of the conference report. Before the House recodified
    its rules in the 106th Congress, the former version of this provision
    was found in former clause 6 of rule XXVIII (H. Res. 5, Jan. 6, 1999, p.
    ----). In the 108th Congress the record vote by which the motion is to
    be decided was particularized to be by the yeas and nays (sec. 2(u), H.
    Res. 5, Jan. 7, 2003, p. ----).
      At any time after a bill has been sent to conference, a motion
    pursuant to this clause authorizing a conference committee to close its
    meetings to the public is privileged for consideration in the House and
    must be voted on by a record vote (Speaker O'Neill, May 23, 1977, pp.
    15880-84; Apr. 13, 1978, p. 10128). Although a motion to close a
    conference committee meeting ``to the public'' would, under the
    precedents (see V, 6254, fn.), exclude Members who were not conferees, a
    motion may be offered as privileged under this clause to authorize a
    conference committee to close its

    [[Page [882]]]

    meetings to the public, except to Members of Congress (Speaker O'Neill,
    May 23, 1977, pp. 15880-84).
      Although the Chair does not normally look behind signatures of
    conferees to determine the propriety of conference procedure, if
    proposed conferees have signed a conference report before they have been
    formally appointed in both Houses and do not meet formally in open
    session after such appointment, the conference report is subject to a
    point of order under this clause resulting in an automatic request for a
    further conference (Dec. 20, 1982, p. 32896). Conferees on the part of
    the House are entitled to reasonable notice of and opportunity to attend
    a meeting of the conference committee; however, such point of order will
    not lie against a conference report called up under an order of the
    House that has waived all points of order against consideration of the
    conference report (July 20, 2000, p. ----).
      Clause 11(k) of rule X provides that this provision does not apply to
    conference committee meetings respecting legislation (or any part
    thereof) reported by the Permanent Select Committee on Intelligence.

    [DOCID:hd284-131]
                                   Rule XXIII

    [DOCID:hd284-132]
                            code of official conduct

      There is hereby established by and for the House the following code of
    conduct, to be known as the ``Code of Official Conduct'':
          1. <> A Member, Delegate, Resident Commissioner,
    officer, or employee of the House shall conduct himself at all times in
    a manner that shall reflect creditably on the House.
          2. A Member, Delegate, Resident Commissioner, officer, or employee
    of the House shall adhere to the spirit and the letter of the Rules of
    the House and to the rules of duly constituted committees thereof.
          3. A Member, Delegate, Resident Commissioner, officer, or employee
    of the House may not receive compensation and may not permit
    compensation to accrue to his beneficial interest from any source, the
    receipt of which

    [[Page [883]]]

    would occur by virtue of influence improperly exerted from his position
    in Congress.
          4. A Member, Delegate, Resident Commissioner, officer, or employee
    of the House may not accept gifts except as provided by clause 5 of rule
    XXV.
          5. A Member, Delegate, Resident Commissioner, officer, or employee
    of the House may not accept an honorarium for a speech, a writing for
    publication, or other similar activity, except as otherwise provided
    under rule XXV.
          6. A Member, Delegate, or Resident Commissioner--
              (a) shall keep his campaign funds separate from his personal
    funds;
              (b) may not convert campaign funds to personal use in excess
    of an amount representing reimbursement for legitimate and verifiable
    campaign expenditures; and
              (c) may not expend funds from his campaign account that are
    not attributable to bona fide campaign or political purposes.
          7. A Member, Delegate, or Resident Commissioner shall treat as
    campaign contributions all proceeds from testimonial dinners or other
    fund-raising events.
          8. (a) A Member, Delegate, Resident Commissioner, or officer of
    the House may not retain an employee who does not perform duties for the
    offices of the employing authority commensurate with the compensation he
    receives.
          (b) In the case of a committee employee who works under the direct
    supervision of a mem

    [[Page [884]]]

    ber of the committee other than a chairman, the chairman may require
    that such member affirm in writing that the employee has complied with
    clause 8(a) (subject to clause 9 of rule X) as evidence of compliance by
    the chairman with this clause and with clause 9 of rule X.
          (c)(1) Except as specified in subparagraph (2)--
              (A) a Member, Delegate, or Resident Commissioner may not
    retain his spouse in a paid position; and
              (B) an employee of the House may not accept compensation for
    work for a committee on which his spouse serves as a member.
          (2) Subparagraph (1) shall not apply in the case of a spouse whose
    pertinent employment predates the One Hundred Seventh Congress.
          9. A Member, Delegate, Resident Commissioner, officer, or employee
    of the House may not discharge and may not refuse to hire an individual,
    or otherwise discriminate against an individual with respect to
    compensation, terms, conditions, or privileges of employment, because of
    the race, color, religion, sex (including marital or parental status),
    disability, age, or national origin of such individual, but may take
    into consideration the domicile or political affiliation of such
    individual.
          10. A Member, Delegate, or Resident Commissioner who has been
    convicted by a court of record for the commission of a crime for which a
    sentence of two or more years' impris

    [[Page [885]]]

    onment may be imposed should refrain from participation in the business
    of each committee of which he is a member, and a Member should refrain
    from voting on any question at a meeting of the House or of the
    Committee of the Whole House on the state of the Union, unless or until
    judicial or executive proceedings result in reinstatement of the
    presumption of his innocence or until he is reelected to the House after
    the date of such conviction.
          11. A Member, Delegate, or Resident Commissioner may not authorize
    or otherwise allow an individual, group, or organization not under the
    direction and control of the House to use the words ``Congress of the
    United States,'' ``House of Representatives,'' or ``Official Business,''
    or any combination of words thereof, on any letterhead or envelope.
          12. (a) Except as provided in paragraph (b), an employee of the
    House who is required to file a report under rule XXVI may not
    participate personally and substantially as an employee of the House in
    a contact with an agency of the executive or judicial branches of
    Government with respect to nonlegislative matters affecting any
    nongovernmental person in which the employee has a significant financial
    interest.
          (b) Paragraph (a) does not apply if an employee first advises his
    employing authority of a significant financial interest described in
    paragraph (a) and obtains from his employing

    [[Page [886]]]

    authority a written waiver stating that the participation of the
    employee in the activity described in paragraph (a) is necessary. A copy
    of each such waiver shall be filed with the Committee on Standards of
    Official Conduct.
          13. Before a Member, Delegate, Resident Commissioner, officer, or
    employee of the House may have access to classified information, the
    following oath (or affirmation) shall be executed:
              ``I do solemnly swear (or affirm) that I will not disclose any
    classified information received in the course of my service with the
    House of Representatives, except as authorized by the House of
    Representatives or in accordance with its Rules.''
        Copies of the executed oath (or affirmation) shall be retained by
    the Clerk as part of the records of the House. The Clerk shall make
    signatures a matter of public record, causing the names of each Member,
    Delegate, or Resident Commissioner who has signed the oath during a week
    (if any) to be published in a portion of the Congressional Record
    designated for that purpose on the last legislative day of the week and
    making cumulative lists of such names available each day for public
    inspection in an appropriate office of the House.
          14. (a) In this Code of Official Conduct, the term ``officer or
    employee of the House'' means an individual whose compensation is
    disbursed by the Chief Administrative Officer.

    [[Page [887]]]

          (b) An individual whose services are compensated by the House
    pursuant to a consultant contract shall be considered an employee of the
    House for purposes of clauses 1, 2, 3, 4, 8, 9, and 13 of this rule. An
    individual whose services are compensated by the House pursuant to a
    consultant contract may not lobby the contracting committee or the
    members or staff of the contracting committee on any matter. Such an
    individual may lobby other Members, Delegates, or the Resident
    Commissioner or staff of the House on matters outside the jurisdiction
    of the contracting committee.

      This rule was transferred from rule XLIII to rule XXIV when the House
    recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p.
    ----). It was again redesignated as rule XXIII in the 107th Congress
    (sec. 2(s), H. Res. 5, Jan. 3, 2001, p. ----). The rule was originally
    adopted in the 90th Congress (H. Res. 1099, Apr. 3, 1968, p. 8803). The
    jurisdiction of the Committee on Standards of Official Conduct was
    redefined in the same resolution. Clause 4 was entirely rewritten (and
    definitions for the purpose of clause 4 were deleted) in the 104th
    Congress to reflect the adoption of a Gift Rule (H. Res. 254, Nov. 30,
    1995, p. 35077). Prior to the 104th Congress, clause 4 had been amended
    in the 95th Congress to change the prohibition against acceptance of
    gifts of ``substantial value'' (H. Res. 5, Jan. 4, 1975, p. 20) and
    definitions for purposes of clause 4 were added in the 96th Congress (H.
    Res. 287, Mar. 2, 1977, pp. 5933-53). Those definitions were amended in
    the Ethics Reform Act of 1989 to make conforming changes in the
    definition of ``relative'' (P.L. 101-194). Clause 4 was also amended:
    (1) in the 100th Congress to increase from $35 to $50 the value of
    personal hospitality of an individual that is not to be counted when
    computing the aggregate amount of gifts per calendar year (H. Res. 5,
    Jan. 6, 1987, p. 6); and (2) in the Ethics Reform Act of 1989 to revise
    the rules governing the acceptance of gifts, including value thresholds
    and waivers (P.L. 101-194). Those threshold and aggregate values were
    again adjusted by section 314(d) of the Legislative Branch
    Appropriations Act for fiscal year 1992 (P.L. 102-90). The Ethics Reform
    Act of 1989 (P.L. 101-194) amended clause 5 to prohibit the acceptance
    of honoraria. Clause 6 was amended in the 95th Congress to delete from
    the second sentence the exception ``unless specifically provided by
    law,'' which had been added in the 94th Congress (H. Res. 5, Jan. 4,
    1975, p. 20). Clause 6 was also amended by the Ethics Reform Act of 1989
    (P.L. 101-194) to specify that

    [[Page [888]]]

    campaign funds be used only for bona fide campaign or political
    purposes. Clause 7 was amended in the 95th Congress to eliminate an
    exception permitting sponsors to give notice of purpose (H. Res. 5, Jan.
    4, 1975, p. 20). The Ethics Reform Act of 1989 (P.L. 101-194) amended
    clause 8 to broaden Members' accountability for the pay and performance
    of staff. Clause 8 was again amended in the 106th Congress to permit
    telecommuting by House employees (H. Res. 5, Jan. 6, 1999, p. ----).
    Clause 8(c) was added in the 107th Congress (sec. 2(t), H. Res. 5, Jan.
    3, 2001, p. ----). Clause 9 was added in the 94th Congress (H. Res. 5,
    Jan. 14, 1975, p. 20). Clause 9 was amended in the 100th Congress to
    prohibit discrimination in employment based upon age (H. Res. 5, Jan. 6,
    1987, p. 6) and again the 101st Congress to conform existing staff
    antidiscrimination rules to the Fair Employment Practices resolution
    adopted in the 100th Congress (now contained in the Congressional
    Accountability Act of 1995 (P.L. 104-1; 2 U.S.C. 1301; see Sec. 1101,
    infra)) (P.L. 101-194). Clause 10 was added in the 94th Congress (H.
    Res. 46, Apr. 16, 1975, p. 10340). Clause 11 was added in the 96th
    Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16). Clause 12 was added by
    the Ethics Reform Act of 1989 (P.L. 101-194) to proscribe certain
    contacts as involving conflicts of interest. Clause 13 was added in the
    104th Congress (sec. 220, H. Res. 6, Jan. 4, 1995, p. 468), except the
    last sentence, which was added in the 107th Congress (sec. 2(t), H. Res.
    5, Jan. 3, 2001, p. ----). Clause 14 (which was an undesignated
    paragraph at the end of the rule before the rules were recodified in the
    106th Congress) was amended in the 92d Congress to bring the Delegates
    and Resident Commissioner within the definition of ``Member'' (H. Res.
    5, Jan. 22, 1971, p. 144; H. Res. 1153, Oct. 13, 1972, pp. 36021-23). It
    was again amended in the 106th Congress to include consultants among
    employees covered by certain provisions of the code of conduct (H. Res.
    5, Jan. 6, 1999, p. ----) in the 107th Congress to add the last two
    sentences of clause 14(b) (sec. 2(v), H. Res. 5, Jan. 3, 2001, p. ----).
    In the 105th Congress the rule was amended to effect three clerical
    corrections (H. Res. 5, Jan. 7, 1997, p. 121); in the 106th Congress
    clerical and stylistic changes were effected when the rules were
    recodified (H. Res. 5, Jan. 6, 1999, p. ----); and in the 107th Congress
    conforming changes were made to reflect the redesignation of several
    rules (sec. 2(s), H. Res. 5, Jan. 3, 2001, p. ----) and a clerical
    correction to a cross reference in clause 8(b) was effected (sec. 2(x),
    H. Res. 5, Jan. 3, 2001, p. ----).
      For an in-depth discussion of this rule prepared by the Committee on
    Standards of Official Conduct, see the House Ethics Manual (102d Cong.,
    2d Sess.). The committee has also compiled a complete statement of the
    rules on gifts and travel, which supersedes Chapter 2 of the 1992 House
    Ethics Manual (Gifts and Travel, 106th Cong., 2d Sess.).
      It is not a proper parliamentary inquiry to ask the Chair to interpret
    the application of a criminal statute to a Member's conduct, as it is
    for the House and not the Chair to judge the conduct of Members (Nov.
    17, 1987, p. 32153). The Committee on Standards of Official Conduct has

    [[Page [889]]]

    opined that ``conviction'' in clause 10 includes a plea of guilty or a
    certified finding of guilty even though sentencing may occur later (H.
    Rept. 94-76).

    [DOCID:hd284-133]
                                    Rule XXIV

    [DOCID:hd284-134]
                      limitations on use of official funds

    Limitations on use of official and unofficial accounts
      1. <> A Member, Delegate, or
    Resident Commissioner may not maintain, or have maintained for his use,
    an unofficial office account. Funds may not be paid into an unofficial
    office account.
      2. Notwithstanding any other provision of this rule, if an amount from
    the Official Expenses Allowance of a Member, Delegate, or Resident
    Commissioner is paid into the House Recording Studio revolving fund for
    telecommunications satellite services, the Member, Delegate, or Resident
    Commissioner may accept reimbursement from nonpolitical entities in that
    amount for transmission to the Clerk for credit to the Official Expenses
    Allowance.
      3. In this rule the term ``unofficial office account'' means an
    account or repository in which funds are received for the purpose of
    defraying otherwise unreimbursed expenses allowable under section 162(a)
    of the Internal Revenue Code of 1986 as ordinary and necessary in the
    operation of a congressional office, and includes a newsletter fund
    referred to in section 527(g) of the Internal Revenue Code of 1986.

    [[Page [890]]]

      This provision (former rule XLV) was adopted in the 95th Congress (H.
    Res. 287, Mar. 2, 1977, pp. 5933-53). It was amended in the 102d
    Congress to permit Members to receive reimbursements to their expense
    allowances for recording studio charges attributable to nonpolitical
    organizations receiving the transmissions (H. Res. 5, Jan. 3, 1991, p.
    39). When the House recodified its rules in the 106th Congress, it
    consolidated former rules XLV and XLVI under clauses 1 through 9 of rule
    XXV and the second sentence of former clause 8 of rule I and former
    clauses 2(n)(5) and 5(e) of rule XI under clause 10 of rule XXV (H. Res.
    5, Jan. 6, 1999, p. ----). This rule was redesignated as rule XXIV in
    the 107th Congress (sec. 2(s), H. Res. 5, Jan. 3, 2001, p. ----).
      For an in-depth discussion of this rule prepared by the Committee on
    Standards of Official Conduct, see the House Ethics Manual (102d Cong.,
    2d Sess.).

    Limitations on use of the frank
      4. <> A Member, Delegate,
    or Resident Commissioner shall mail franked mail under section 3210(d)
    of title 39, United States Code at the most economical rate of postage
    practicable.
      5. Before making a mass mailing, a Member, Delegate, or Resident
    Commissioner shall submit a sample or description of the mail matter
    involved to the House Commission on Congressional Mailing Standards for
    an advisory opinion as to whether the proposed mailing is in compliance
    with applicable provisions of law, rule, or regulation.
      6. A mass mailing that is otherwise frankable by a Member, Delegate,
    or Resident Commissioner under the provisions of section 3210(e) of
    title 39, United States Code, is not frankable unless the cost of
    preparing and printing it is defrayed exclusively from funds made
    available in an appropriation Act.

    [[Page [891]]]

      7. A Member, Delegate, or Resident Commissioner may not send a mass
    mailing outside the congressional district from which he was elected.
      8. In the case of a Member, Delegate, or Resident Commissioner, a mass
    mailing is not frankable under section 3210 of title 39, United States
    Code, when it is postmarked less than 60 days before the date of a
    primary or general election (whether regular, special, or runoff) in
    which he is a candidate for public office. If the mail matter is of a
    type that is not customarily postmarked, the date on which it would have
    been postmarked, if it were of a type customarily postmarked, applies.
      9. In this rule the term ``mass mailing'' means, with respect to a
    session of Congress, a mailing of newsletters or other pieces of mail
    with substantially identical content (whether such pieces of mail are
    deposited singly or in bulk, or at the same time or different times),
    totaling more than 500 pieces of mail in that session, except that such
    term does not include a mailing--
          (a) of matter in direct response to a communication from a person
    to whom the matter is mailed;
          (b) from a Member, Delegate, or Resident Commissioner to other
    Members, Delegates, the Resident Commissioner, or Senators, or to
    Federal, State, or local government officials; or
          (c) of a news release to the communications media.

      This provision (former rule XLVI) was adopted in the 95th Congress (H.
    Res. 287, Mar. 2, 1977, pp. 5933-53). In the 102d Congress it was

    [[Page [892]]]

    extensively amended to conform to restrictions on franking and mass
    mailings included in the legislative branch appropriations acts for
    fiscal years 1990 and 1991 (P.L. 101-163 and 101-520, respectively) (H.
    Res. 5, Jan. 3, 1991, p. 39). Clause 7 (former clause 4) was rewritten
    in the 103d Congress to conform to the statutory prohibition against
    mass mailings outside the congressional district from which a Member was
    elected. Before the House recodified its rules in the 106th Congress,
    this provision was found in former rule XLVI (H. Res. 5, Jan. 6, 1999,
    p. ----).
      For an in-depth discussion of this rule prepared by the Committee on
    Standards of Official Conduct, see the House Ethics Manual (102d Cong.,
    2d Sess.).

    Prohibition on use of funds by Members not elected to succeeding
            Congress
      10. <> Funds from the
    applicable accounts described in clause 1(i)(1) of rule X, including
    funds from committee expense resolutions, and funds in any local
    currencies owned by the United States may not be made available for
    travel by a Member, Delegate, Resident Commissioner, or Senator after
    the date of a general election in which he was not elected to the
    succeeding Congress or, in the case of a Member, Delegate, or Resident
    Commissioner who is not a candidate in a general election, after the
    earlier of the date of such general election or the adjournment sine die
    of the last regular session of the Congress.

      This provision was added in the 95th Congress (H. Res. 287, Mar. 2,
    1977, p. 5941). In the 105th and 106th Congresses this clause was
    amended to update archaic references to the ``contingent fund'' (H. Res.
    5, Jan. 7, 1997, p. 121; H. Res. 5, Jan. 6, 1999, p. ----). When the
    House recodified its rules in the 106th Congress, it consolidated the
    second sentence of former clause 8 of rule I and former clauses 2(n)(5)
    and 5(e) of rule XI under clause 10 of former rule XXV (redesignated as
    rule XXIV in the 107th Congress) (H. Res. 5, Jan. 6, 1999, p. ----).

    [[Page [893]]]

    [DOCID:hd284-135]
                                    Rule XXV

    [DOCID:hd284-136]
          limitations on outside earned income and acceptance of gifts

    Outside earned income; honoraria
      1. (a) <> Except as provided by
    paragraph (b), a Member, Delegate, Resident Commissioner, officer, or
    employee of the House may not--
          (1) have outside earned income attributable to a calendar year
    that exceeds 15 percent of the annual rate of basic pay for level II of
    the Executive Schedule under section 5313 of title 5, United States
    Code, as of January 1 of that calendar year; or
          (2) receive any honorarium, except that an officer or employee of
    the House who is paid at a rate less than 120 percent of the minimum
    rate of basic pay for GS-15 of the General Schedule may receive an
    honorarium unless the subject matter is directly related to the official
    duties of the individual, the payment is made because of the status of
    the individual with the House, or the person offering the honorarium has
    interests that may be substantially affected by the performance or
    nonperformance of the official duties of the individual.
      (b) In the case of an individual who becomes a Member, Delegate,
    Resident Commissioner, officer, or employee of the House, such
    individual may not have outside earned income attributable to the
    portion of a calendar year that oc

    [[Page [894]]]

    curs after such individual becomes a Member, Delegate, Resident
    Commissioner, officer, or employee that exceeds 15 percent of the annual
    rate of basic pay for level II of the Executive Schedule under section
    5313 of title 5, United States Code, as of January 1 of that calendar
    year multiplied by a fraction, the numerator of which is the number of
    days the individual is a Member, Delegate, Resident Commissioner,
    officer, or employee during that calendar year and the denominator of
    which is 365.
      (c) A payment in lieu of an honorarium that is made to a charitable
    organization on behalf of a Member, Delegate, Resident Commissioner,
    officer, or employee of the House may not be received by that Member,
    Delegate, Resident Commissioner, officer, or employee. Such a payment
    may not exceed $2,000 or be made to a charitable organization from which
    the Member, Delegate, Resident Commissioner, officer, or employee or a
    parent, sibling, spouse, child, or dependent relative of the Member,
    Delegate, Resident Commissioner, officer, or employee, derives a
    financial benefit.
      2. A Member, Delegate, Resident Commissioner, officer, or employee of
    the House may not--
          (a) receive compensation for affiliating with or being employed by
    a firm, partnership, association, corporation, or other entity that
    provides professional services involving a fiduciary relationship except
    for the practice of medicine;

    [[Page [895]]]

          (b) permit his name to be used by such a firm, partnership,
    association, corporation, or other entity;
          (c) receive compensation for practicing a profession that involves
    a fiduciary relationship except for the practice of medicine;
          (d) serve for compensation as an officer or member of the board of
    an association, corporation, or other entity; or
          (e) receive compensation for teaching, without the prior
    notification and approval of the Committee on Standards of Official
    Conduct.
    Copyright royalties
      3. (a) A Member, Delegate, Resident Commissioner, officer, or employee
    of the House may not receive an advance payment on copyright royalties.
    This paragraph does not prohibit a literary agent, researcher, or other
    individual (other than an individual employed by the House or a relative
    of a Member, Delegate, Resident Commissioner, officer, or employee)
    working on behalf of a Member, Delegate, Resident Commissioner, officer,
    or employee with respect to a publication from receiving an advance
    payment of a copyright royalty directly from a publisher and solely for
    the benefit of that literary agent, researcher, or other individual.
      (b) A Member, Delegate, Resident Commissioner, officer, or employee of
    the House may not receive copyright royalties under a contract entered
    into on or after January 1, 1996, unless that contract is first approved
    by the Committee

    [[Page [896]]]

    on Standards of Official Conduct as complying with the requirement of
    clause 4(d)(1)(E) (that royalties are received from an established
    publisher under usual and customary contractual terms).
    Definitions
      4. (a)(1) In this rule, except as provided in subparagraph (2), the
    term ``officer or employee of the House'' means an individual (other
    than a Member, Delegate, or Resident Commissioner) whose pay is
    disbursed by the Chief Administrative Officer, who is paid at a rate
    equal to or greater than 120 percent of the minimum rate of basic pay
    for GS-15 of the General Schedule, and who is so employed for more than
    90 days in a calendar year.
      (2)(A) When used with respect to an honorarium, the term ``officer or
    employee of the House'' means an individual (other than a Member,
    Delegate, or Resident Commissioner) whose salary is disbursed by the
    Chief Administrative Officer.
      (B) When used in clause 5 of this rule, the terms ``officer'' and
    ``employee'' have the same meanings as in rule XXIII.
      (b) In this rule the term ``honorarium'' means a payment of money or a
    thing of value for an appearance, speech, or article (including a series
    of appearances, speeches, or articles) by a Member, Delegate, Resident
    Commissioner, officer, or employee of the House, excluding any actual
    and necessary travel expenses incurred by that

    [[Page [897]]]

    Member, Delegate, Resident Commissioner, officer, or employee (and one
    relative) to the extent that such expenses are paid or reimbursed by any
    other person. The amount otherwise determined shall be reduced by the
    amount of any such expenses to the extent that such expenses are not so
    paid or reimbursed.
      (c) In this rule the term ``travel expenses'' means, with respect to a
    Member, Delegate, Resident Commissioner, officer, or employee of the
    House, or a relative of such Member, Delegate, Resident Commissioner,
    officer, or employee, the cost of transportation, and the cost of
    lodging and meals while away from his residence or principal place of
    employment.
      (d)(1) In this rule the term ``outside earned income'' means, with
    respect to a Member, Delegate, Resident Commissioner, officer, or
    employee of the House, wages, salaries, fees, and other amounts received
    or to be received as compensation for personal services actually
    rendered, but does not include--
          (A) the salary of a Member, Delegate, Resident Commissioner,
    officer, or employee;
          (B) any compensation derived by a Member, Delegate, Resident
    Commissioner, officer, or employee of the House for personal services
    actually rendered before the adoption of this rule or before he became a
    Member, Delegate, Resident Commissioner, officer, or employee;
          (C) any amount paid by, or on behalf of, a Member, Delegate,
    Resident Commissioner, officer, or employee of the House to a tax-quali

    [[Page [898]]]

    fied pension, profit-sharing, or stock bonus plan and received by him
    from such a plan;
          (D) in the case of a Member, Delegate, Resident Commissioner,
    officer, or employee of the House engaged in a trade or business in
    which he or his family holds a controlling interest and in which both
    personal services and capital are income-producing factors, any amount
    received by the Member, Delegate, Resident Commissioner, officer, or
    employee, so long as the personal services actually rendered by him in
    the trade or business do not generate a significant amount of income; or
          (E) copyright royalties received from established publishers under
    usual and customary contractual terms; and
      (2) outside earned income shall be determined without regard to
    community property law.
      (e) In this rule the term ``charitable organization'' means an
    organization described in section 170(c) of the Internal Revenue Code of
    1986.

      The rule on outside earned income (former rule XLVII) was adopted in
    the 95th Congress (H. Res. 287, Mar. 2, 1977, pp. 5933-53). It was
    amended for the first time in the 96th Congress to increase the limit on
    a single honorarium from $750 to $1000 (H. Res. 5, Jan. 15, 1979, pp. 7-
    16). The rule was amended further in the 97th Congress to (1) increase
    the limitation on outside earned income for a calendar year from 15 to
    30 percent of a Member's salary; (2) strike the $1000 limitation on a
    single honorarium; and (3) provide that honoraria shall be attributable
    to the calendar year in which payment is received (H. Res. 305, Dec. 15,
    1981, p. 31529). In the 99th Congress, the rule was amended to delete
    the 30 percent of aggregate salary limitation on outside earned income
    and to conform the limitation to that contained in law (2 U.S.C. 31-1
    provides that a Member of Congress may not accept honoraria in excess of
    40 percent of his aggregate salary) (H. Res. 427, Apr. 22, 1986, p.
    8328). The next day, the House adopted a resolution vacating the
    proceedings by which that resolution had been adopted and laying that
    resolution on the table

    [[Page [899]]]

    (H. Res. 432, Apr. 23, 1986, p. 8474). The Ethics Reform Act of 1989:
    (1) amended the title of the rule; (2) amended clause 1 to effect for
    1991 and future years the elimination of honoraria not assigned to
    charity and closer restrictions on outside earned income (including
    limitation to 15 percent of Executive Level II pay); (3) amended clause
    2 to effect for 1991 and future years new limits on outside employment;
    and (4) amended clause 3 to revise certain definitions (P.L. 101-194).
    That Act also established a civil cause of action against an individual
    who violates the limitations on outside earned income and employment (5
    U.S.C. app. 504). In the 102d Congress clause 2 was further amended to
    specify that the ban on affiliation with a firm applies only if
    compensation is received and only with respect to a professional
    services firm, and clause 3 was further amended to specify the
    applicability of outside earned income restrictions to officers and
    employees of the House (H. Res. 5, Jan. 3, 1991, p. 39). In the 104th
    Congress a new clause was added to prohibit the receipt of advance
    payments on copyright royalties and the receipt of any payments on
    copyright royalties under future contracts unless approved in advance by
    the Committee on Standards of Official Conduct (H. Res. 299, Dec. 22,
    1995, p. 38488). In the 106th Congress the rule was amended to permit
    certain House employees to receive honoraria; the parenthetical in
    clause 4(b) was adopted; and, when the House recodified its rules, it
    consolidated former rules XLI, XLVII, and LI under rule XXVI (H. Res. 5,
    Jan. 6, 1999, p. ----). This rule was redesignated as rule XXV in the
    107th Congress (sec. 2(s), H. Res. 5, Jan. 3, 2001, p. ----). Clause
    4(a)(1) (and clause 5(e)) were amended in the 107th Congress to conform
    the definition of ``officer or employee'' to rule XXIII (sec. 2(w), H.
    Res. 5, Jan. 3, 2001, p. ----). Clause 2 was amended in the 108th
    Congress to except the practice of medicine from the restriction against
    outside earned income received from providing professional services that
    involve a fiduciary relationship (sec. 2(q), H. Res. 5, Jan. 7, 2003, p.
    ----).
      For an in-depth discussion of this rule prepared by the Committee on
    Standards of Official Conduct, see the House Ethics Manual (102d Cong.,
    2d Sess.).
      Before its coverage was restricted to the Senate in the Ethics Reform
    Act of 1989 (sec. 601(b), P.L. 101-194), a separate provision of law (2
    U.S.C. 441i) provided criminal penalties for any elected or appointed
    Federal employee who accepts an honorarium of more than $2000 per
    speech. A statutory ceiling of $25,000 from honoraria in a calendar year
    was repealed in 1981 (P.L. 97-51). The Senate repealed its rule on
    outside earned income in the 97th Congress (S. Res. 512, Dec. 14, 1982,
    p. 30640).
      For provisions of the Federal criminal code restricting postemployment
    activities, see 18 U.S.C. 207, which was originally enacted in title V
    of the Ethics in Government Act of 1978 (P.L. 95-521) and most recently
    amended in the Ethics Reform Act of 1989 (P.L. 101-194) and a related
    technical corrections Act (P.L. 101-280).

    [[Page [900]]]

    Gifts
      5. (a)(1)(A) <> A Member, Delegate, Resident
    Commissioner, officer, or employee of the House may not knowingly accept
    a gift except as provided in this clause.
      (B) A Member, Delegate, Resident Commissioner, officer, or employee of
    the House may accept a gift (other than cash or cash equivalent) that
    the Member, Delegate, Resident Commissioner, officer, or employee
    reasonably and in good faith believes to have a value of less than $50
    and a cumulative value from one source during a calendar year of less
    than $100. A gift having a value of less than $10 does not count toward
    the $100 annual limit. The value of perishable food sent to an office
    shall be allocated among the individual recipients and not to the
    Member, Delegate, or Resident Commissioner. Formal recordkeeping is not
    required by this subdivision, but a Member, Delegate, Resident
    Commissioner, officer, or employee of the House shall make a good faith
    effort to comply with this subdivision.
      (2)(A) In this clause the term ``gift'' means a gratuity, favor,
    discount, entertainment, hospitality, loan, forbearance, or other item
    having monetary value. The term includes gifts of services, training,
    transportation, lodging, and meals, whether provided in kind, by
    purchase of a ticket, payment in advance, or reimbursement after the
    expense has been incurred.
      (B)(i) A gift to a family member of a Member, Delegate, Resident
    Commissioner, officer, or em

    [[Page [901]]]

    ployee of the House, or a gift to any other individual based on that
    individual's relationship with the Member, Delegate, Resident
    Commissioner, officer, or employee, shall be considered a gift to the
    Member, Delegate, Resident Commissioner, officer, or employee if it is
    given with the knowledge and acquiescence of the Member, Delegate,
    Resident Commissioner, officer, or employee and the Member, Delegate,
    Resident Commissioner, officer, or employee has reason to believe the
    gift was given because of his official position.
      (ii) If food or refreshment is provided at the same time and place to
    both a Member, Delegate, Resident Commissioner, officer, or employee of
    the House and the spouse or dependent thereof, only the food or
    refreshment provided to the Member, Delegate, Resident Commissioner,
    officer, or employee shall be treated as a gift for purposes of this
    clause.
      (3) The restrictions in subparagraph (1) do not apply to the
    following:
          (A) Anything for which the Member, Delegate, Resident
    Commissioner, officer, or employee of the House pays the market value,
    or does not use and promptly returns to the donor.
          (B) A contribution, as defined in section 301(8) of the Federal
    Election Campaign Act of 1971 (2 U.S.C. 431) that is lawfully made under
    that Act, a lawful contribution for election to a State or local
    government office, or attendance at a fundraising event sponsored

    [[Page [902]]]

    by a political organization described in section 527(e) of the Internal
    Revenue Code of 1986.
          (C) A gift from a relative as described in section 109(16) of
    title I of the Ethics in Government Act of 1978 (2 U.S.C. App. 109(16)).
          (D)(i) Anything provided by an individual on the basis of a
    personal friendship unless the Member, Delegate, Resident Commissioner,
    officer, or employee of the House has reason to believe that, under the
    circumstances, the gift was provided because of his official position
    and not because of the personal friendship.
          (ii) In determining whether a gift is provided on the basis of
    personal friendship, the Member, Delegate, Resident Commissioner,
    officer, or employee of the House shall consider the circumstances under
    which the gift was offered, such as:
              (I) The history of his relationship with the individual giving
    the gift, including any previous exchange of gifts between them.
              (II) Whether to his actual knowledge the individual who gave
    the gift personally paid for the gift or sought a tax deduction or
    business reimbursement for the gift.
              (III) Whether to his actual knowledge the individual who gave
    the gift also gave the same or similar gifts to other Members,
    Delegates, the Resident Commissioners, officers, or employees of the
    House.
          (E) Except as provided in paragraph (c)(3), a contribution or
    other payment to a legal expense fund established for the benefit of a

    [[Page [903]]]

    Member, Delegate, Resident Commissioner, officer, or employee of the
    House that is otherwise lawfully made in accordance with the
    restrictions and disclosure requirements of the Committee on Standards
    of Official Conduct.
          (F) A gift from another Member, Delegate, Resident Commissioner,
    officer, or employee of the House or Senate.
          (G) Food, refreshments, lodging, transportation, and other
    benefits--
              (i) resulting from the outside business or employment
    activities of the Member, Delegate, Resident Commissioner, officer, or
    employee of the House (or other outside activities that are not
    connected to his duties as an officeholder), or of his spouse, if such
    benefits have not been offered or enhanced because of his official
    position and are customarily provided to others in similar
    circumstances;
              (ii) customarily provided by a prospective employer in
    connection with bona fide employment discussions; or
              (iii) provided by a political organization described in
    section 527(e) of the Internal Revenue Code of 1986 in connection with a
    fundraising or campaign event sponsored by such organization.
          (H) Pension and other benefits resulting from continued
    participation in an employee welfare and benefits plan maintained by a
    former employer.

    [[Page [904]]]

          (I) Informational materials that are sent to the office of the
    Member, Delegate, Resident Commissioner, officer, or employee of the
    House in the form of books, articles, periodicals, other written
    materials, audiotapes, videotapes, or other forms of communication.
          (J) Awards or prizes that are given to competitors in contests or
    events open to the public, including random drawings.
          (K) Honorary degrees (and associated travel, food, refreshments,
    and entertainment) and other bona fide, nonmonetary awards presented in
    recognition of public service (and associated food, refreshments, and
    entertainment provided in the presentation of such degrees and awards).
          (L) Training (including food and refreshments furnished to all
    attendees as an integral part of the training) if such training is in
    the interest of the House.
          (M) Bequests, inheritances, and other transfers at death.
          (N) An item, the receipt of which is authorized by the Foreign
    Gifts and Decorations Act, the Mutual Educational and Cultural Exchange
    Act, or any other statute.
          (O) Anything that is paid for by the Federal Government, by a
    State or local government, or secured by the Government under a
    Government contract.
          (P) A gift of personal hospitality (as defined in section 109(14)
    of the Ethics in Government

    [[Page [905]]]

    Act) of an individual other than a registered lobbyist or agent of a
    foreign principal.
          (Q) Free attendance at a widely attended event permitted under
    subparagraph (4).
          (R) Opportunities and benefits that are--
              (i) available to the public or to a class consisting of all
    Federal employees, whether or not restricted on the basis of geographic
    consideration;
              (ii) offered to members of a group or class in which
    membership is unrelated to congressional employment;
              (iii) offered to members of an organization, such as an
    employees' association or congressional credit union, in which
    membership is related to congressional employment and similar
    opportunities are available to large segments of the public through
    organizations of similar size;
              (iv) offered to a group or class that is not defined in a
    manner that specifically discriminates among Government employees on the
    basis of branch of Government or type of responsibility, or on a basis
    that favors those of higher rank or rate of pay;
              (v) in the form of loans from banks and other financial
    institutions on terms generally available to the public; or
              (vi) in the form of reduced membership or other fees for
    participation in organization activities offered to all Government
    employees by professional organizations if the only

    [[Page [906]]]

    restrictions on membership relate to professional qualifications.
          (S) A plaque, trophy, or other item that is substantially
    commemorative in nature and that is intended for presentation.
          (T) Anything for which, in an unusual case, a waiver is granted by
    the Committee on Standards of Official Conduct.
          (U) Food or refreshments of a nominal value offered other than as
    a part of a meal.
          (V) Donations of products from the district or State that the
    Member, Delegate, or Resident Commissioner represents that are intended
    primarily for promotional purposes, such as display or free
    distribution, and are of minimal value to any single recipient.
          (W) An item of nominal value such as a greeting card, baseball
    cap, or a T-shirt.
      (4)(A) A Member, Delegate, Resident Commissioner, officer, or employee
    of the House may accept an offer of free attendance at a widely attended
    convention, conference, symposium, forum, panel discussion, dinner,
    viewing, reception, or similar event, provided by the sponsor of the
    event, if--
          (i) the Member, Delegate, Resident Commissioner, officer, or
    employee of the House participates in the event as a speaker or a panel
    participant, by presenting information related to Congress or matters
    before Congress, or by performing a ceremonial function appropriate to
    his official position; or

    [[Page [907]]]

          (ii) attendance at the event is appropriate to the performance of
    the official duties or representative function of the Member, Delegate,
    Resident Commissioner, officer, or employee of the House.
      (B) A Member, Delegate, Resident Commissioner, officer, or employee of
    the House who attends an event described in subdivision (A) may accept a
    sponsor's unsolicited offer of free attendance at the event for an
    accompanying individual.
      (C) A Member, Delegate, Resident Commissioner, officer, or employee of
    the House, or the spouse or dependent thereof, may accept a sponsor's
    unsolicited offer of free attendance at a charity event, except that
    reimbursement for transportation and lodging may not be accepted in
    connection with the event unless--
          (i) all of the net proceeds of the event are for the benefit of an
    organization described in section 501(c)(3) of the Internal Revenue Code
    of 1986 and exempt from taxation under section 501(a) of such Code;
          (ii) reimbursement for the transportation and lodging in
    connection with the event is paid by such organization; and
          (iii) the offer of free attendance at the event is made by such
    organization.
      (D) In this paragraph the term ``free attendance'' may include waiver
    of all or part of a conference or other fee, the provision of local
    transportation, or the provision of food, refreshments, entertainment,
    and instructional materials fur

    [[Page [908]]]

    nished to all attendees as an integral part of the event. The term does
    not include entertainment collateral to the event, nor does it include
    food or refreshments taken other than in a group setting with all or
    substantially all other attendees.
      (5) A Member, Delegate, Resident Commissioner, officer, or employee of
    the House may not accept a gift the value of which exceeds $250 on the
    basis of the personal friendship exception in subparagraph (3)(D) unless
    the Committee on Standards of Official Conduct issues a written
    determination that such exception applies. A determination under this
    subparagraph is not required for gifts given on the basis of the family
    relationship exception in subparagraph (3)(C).
      (6) When it is not practicable to return a tangible item because it is
    perishable, the item may, at the discretion of the recipient, be given
    to an appropriate charity or destroyed.
      (b)(1)(A) A reimbursement (including payment in kind) to a Member,
    Delegate, Resident Commissioner, officer, or employee of the House from
    a private source other than a registered lobbyist or agent of a foreign
    principal for necessary transportation, lodging, and related expenses
    for travel to a meeting, speaking engagement, factfinding trip, or
    similar event in connection with his duties as an officeholder shall be
    considered as a reimbursement to the House and not a gift prohibited by
    this clause, if the Member, Delegate, Resident Commissioner, officer, or
    employee--

    [[Page [909]]]

          (i) in the case of an employee, receives advance authorization,
    from the Member, Delegate, Resident Commissioner, or officer under whose
    direct supervision the employee works, to accept reimbursement; and
          (ii) discloses the expenses reimbursed or to be reimbursed and the
    authorization to the Clerk within 30 days after the travel is completed.
      (B) For purposes of subdivision (A), events, the activities of which
    are substantially recreational in nature, are not considered to be in
    connection with the duties of a Member, Delegate, Resident Commissioner,
    officer, or employee of the House as an officeholder.
      (2) Each advance authorization to accept reimbursement shall be signed
    by the Member, Delegate, Resident Commissioner, or officer of the House
    under whose direct supervision the employee works and shall include--
          (A) the name of the employee;
          (B) the name of the person who will make the reimbursement;
          (C) the time, place, and purpose of the travel; and
          (D) a determination that the travel is in connection with the
    duties of the employee as an officeholder and would not create the
    appearance that the employee is using public office for private gain.
      (3) Each disclosure made under subparagraph (1)(A) of expenses
    reimbursed or to be reimbursed shall be signed by the Member, Delegate,

    [[Page [910]]]

    Resident Commissioner, or officer (in the case of travel by that Member,
    Delegate, Resident Commissioner, or officer) or by the Member, Delegate,
    Resident Commissioner, or officer under whose direct supervision the
    employee works (in the case of travel by an employee) and shall
    include--
          (A) a good faith estimate of total transportation expenses
    reimbursed or to be reimbursed;
          (B) a good faith estimate of total lodging expenses reimbursed or
    to be reimbursed;
          (C) a good faith estimate of total meal expenses reimbursed or to
    be reimbursed;
          (D) a good faith estimate of the total of other expenses
    reimbursed or to be reimbursed;
          (E) a determination that all such expenses are necessary
    transportation, lodging, and related expenses as defined in subparagraph
    (4); and
          (F) in the case of a reimbursement to a Member, Delegate, Resident
    Commissioner, or officer, a determination that the travel was in
    connection with his duties as an officeholder and would not create the
    appearance that the Member, Delegate, Resident Commissioner, or officer
    is using public office for private gain.
      (4) In this paragraph the term ``necessary transportation, lodging,
    and related expenses''--
          (A) includes reasonable expenses that are necessary for travel for
    a period not exceeding four days within the United States or seven

    [[Page [911]]]

    days exclusive of travel time outside of the United States unless
    approved in advance by the Committee on Standards of Official Conduct;
          (B) is limited to reasonable expenditures for transportation,
    lodging, conference fees and materials, and food and refreshments,
    including reimbursement for necessary transportation, whether or not
    such transportation occurs within the periods described in subdivision
    (A);
          (C) does not include expenditures for recreational activities, nor
    does it include entertainment other than that provided to all attendees
    as an integral part of the event, except for activities or entertainment
    otherwise permissible under this clause; and
          (D) may include travel expenses incurred on behalf of either the
    spouse or a child of the Member, Delegate, Resident Commissioner,
    officer, or employee.
      (5) The Clerk shall make available to the public all advance
    authorizations and disclosures of reimbursement filed under subparagraph
    (1) as soon as possible after they are received.
      (c) A gift prohibited by paragraph (a)(1) includes the following:
          (1) Anything provided by a registered lobbyist or an agent of a
    foreign principal to an entity that is maintained or controlled by a
    Member, Delegate, Resident Commissioner, officer, or employee of the
    House.

    [[Page [912]]]

          (2) A charitable contribution (as defined in section 170(c) of the
    Internal Revenue Code of 1986) made by a registered lobbyist or an agent
    of a foreign principal on the basis of a designation, recommendation, or
    other specification of a Member, Delegate, Resident Commissioner,
    officer, or employee of the House (not including a mass mailing or other
    solicitation directed to a broad category of persons or entities), other
    than a charitable contribution permitted by paragraph (d).
          (3) A contribution or other payment by a registered lobbyist or an
    agent of a foreign principal to a legal expense fund established for the
    benefit of a Member, Delegate, Resident Commissioner, officer, or
    employee of the House.
          (4) A financial contribution or expenditure made by a registered
    lobbyist or an agent of a foreign principal relating to a conference,
    retreat, or similar event, sponsored by or affiliated with an official
    congressional organization, for or on behalf of Members, Delegates, the
    Resident Commissioner, officers, or employees of the House.
      (d)(1) A charitable contribution (as defined in section 170(c) of the
    Internal Revenue Code of 1986) made by a registered lobbyist or an agent
    of a foreign principal in lieu of an honorarium to a Member, Delegate,
    Resident Commissioner, officer, or employee of the House are not
    considered a gift under this clause if it is reported as provided in
    subparagraph (2).

    [[Page [913]]]

      (2) A Member, Delegate, Resident Commissioner, officer, or employee
    who designates or recommends a contribution to a charitable organization
    in lieu of an honorarium described in subparagraph (1) shall report
    within 30 days after such designation or recommendation to the Clerk--
          (A) the name and address of the registered lobbyist who is making
    the contribution in lieu of an honorarium;
          (B) the date and amount of the contribution; and
          (C) the name and address of the charitable organization designated
    or recommended by the Member, Delegate, or Resident Commissioner.
    The Clerk shall make public information received under this subparagraph
    as soon as possible after it is received.
      (e) In this clause--
          (1) the term ``registered lobbyist'' means a lobbyist registered
    under the Federal Regulation of Lobbying Act or any successor statute;
          (2) the term ``agent of a foreign principal'' means an agent of a
    foreign principal registered under the Foreign Agents Registration Act;
    and
          (3) the terms ``officer'' and ``employee'' have the same meanings
    as in rule XXIII.
      (f) All the provisions of this clause shall be interpreted and
    enforced solely by the Committee on Standards of Official Conduct. The
    Committee on Standards of Official Conduct is au

    [[Page [914]]]

    thorized to issue guidance on any matter contained in this clause.

      This provision originally was adopted in the 104th Congress as rule
    LII (H. Res. 250, Nov. 16, 1995, p. 33433). It was amended in the 106th
    Congress to permit acceptance of a gift having a value of less than $50
    and a cumulative value from any one source in the calendar year of less
    than $100 (H. Res. 9, Jan. 6, 1999, p. ----). In the 105th Congress it
    was redesignated as rule LI (H. Res. 5, Jan. 7, 1997, p. 121), and when
    the House recodified its rules in the 106th Congress, this provision was
    consolidated with former rule XLI and XLVIII under former rule XXVI
    (redesignated as rule XXV in the 107th Congress) (H. Res. 5, Jan. 6,
    1999, p. ----). Clause 5(e) (and Clause 4(a)(1)) were amended in the
    107th Congress to conform the definition of ``officer or employee'' to
    rule XXIII (sec. 2(w), H. Res. 5, Jan. 3, 2001, p. ----). In the 108th
    Congress clause 5(a)(1)(B) was amended to allocate the value of
    perishable food sent to an office among the individual recipients rather
    than to the Member (sec. 2(r), H. Res. 5, Jan. 7, 2003, p. ----) and
    clause 5(a)(4)(C) was amended to permit, under specified circumstances,
    a Member to be reimbursed for transportation and lodging to attend a
    charity event (sec. 2(s), H. Res. 5, Jan. 7, 2003, p. ----). The
    Committee on Standards of Official Conduct has compiled a complete
    statement of the rules on gifts and travel, which supersedes Chapter 2
    of the 1992 House Ethics Manual (Gifts and Travel, 106th Cong., 2d
    Sess.). The history of earlier rules bearing the designation LI or LII
    follow.

      The earliest <> form of the rule on ``employment
    practices'' was designated as rule LI. It grew out of the Fair
    Employment Practices Resolution first adopted in the 100th Congress (H.
    Res. 558, Oct. 3, 1988, p. 27840) and renewed in the 101st Congress (H.
    Res. 15, Jan. 3, 1989, p. 85). The terms of that resolution were
    incorporated by reference in a standing rule LI in the 102d Congress (H.
    Res. 5, Jan. 3, 1991, p. 39), and were codified in full text, with
    certain amendments, in the 103d Congress (H. Res. 5, Jan. 5, 1993, p.
    49). The Employment Practices rule was overtaken by the earliest form of
    ``application of certain laws,'' which was originally designated as LII
    in the 103d Congress (H. Res. 578, Oct. 7, 1994, p. 29326). The
    Application of Laws rule, in turn, was overtaken by the Congressional
    Accountability Act of 1995 (P.L. 104-1; 2 U.S.C. 1301). Certain savings
    provisions appear in section 506 of that Act (2 U.S.C. 1435). A later
    form of the rule designated as LII (gift rule) was adopted in the 104th
    Congress (H. Res. 250, Nov. 16, 1995, p. 33433). In the 105th Congress
    the Gift Rule was redesignated as rule LI (H. Res. 5, Jan. 7, 1997, p.
    121).

    [[Page [915]]]

    Claims against the Government
      6. <> A person may not be an officer or employee of the House, or
    continue in its employment, if he acts as an agent for the prosecution
    of a claim against the Government or if he is interested in such claim,
    except as an original claimant or in the proper discharge of official
    duties.

      This provision was adopted in 1842 (V, 7227). It was renumbered
    January 3, 1953 (p. 24). It was amended by the Ethics Reform Act of 1989
    to include employees in the prohibition against prosecuting or having an
    interest in any claim against the Government, to specify the
    inapplicability of that prohibition to the discharge of official duties,
    and to delete an obsolete reference to the Committee on House
    Administration (P.L. 101-194). Before the House recodified its rules in
    the 106th Congress, this provision was found in former rule XLI (H. Res.
    5, Jan. 6, 1999, p. ----).

      In addition to rules XXIII through XXVI, several provisions of the
    Federal criminal code also address the conduct of Members, officers, and
    employees with respect to bribery of public officials (18 U.S.C. 201-
    203), claims against the Government (18 U.S.C. 204, 205, 207(e), 216),
    and public officials acting as agents of foreign principals (18 U.S.C.
    219).

    [DOCID:hd284-137]
                                    Rule XXVI

    [DOCID:hd284-138]
                              financial disclosure

      1. <> The Clerk shall send a copy of each report filed with the
    Clerk under title I of the Ethics in Government Act of 1978 within the
    seven-day period beginning on the date on which the report is filed to
    the Committee on Standards of Official Conduct. By August 1 of each
    year, the Clerk shall compile all such reports sent to him by Members
    within the period beginning on January 1 and ending on June 15 of each
    year and

    [[Page [916]]]

    have them printed as a House document, which shall be made available to
    the public.
      2. For the purposes of this rule, the provisions of title I of the
    Ethics in Government Act of 1978 shall be considered Rules of the House
    as they pertain to Members, Delegates, the Resident Commissioner,
    officers, and employees of the House.

      The original version of this rule (former rule XLIV) was adopted in
    the 90th Congress, in the same resolution that redefined the
    jurisdiction of the Committee on Standards of Official Conduct (H. Res.
    1099, Apr. 3, 1968, p. 8803). In the 91st Congress the rule was amended,
    effective for years after 1970, to require public disclosure of: (1)
    honoraria from a single source totaling $300 or more; and (2) each
    creditor to whom was owed an unsecured loan or other indebtedness of
    $10,000 or more outstanding for at least 90 days in the preceding
    calendar year (H. Res. 796, May 26, 1970, p. 17019). It was further
    amended in the 92d Congress to bring the Delegates and Resident
    Commissioner within the definition of ``Members'' in the final sentence
    of the rule (H. Res. 5, Jan. 22, 1971, p. 144; H. Res. 1153, Oct. 13,
    1972, pp. 36021-23), and was amended in the 95th Congress to delete an
    obsolete reference (H. Res. 5, Jan. 4, 1977, pp. 53-70). The rule was
    completely amended in the 95th Congress, effective July 1, 1977, to: (1)
    broaden the sources and minimum amounts of income reported; (2) require
    reports to be filed with the Clerk as well as with the Committee on
    Standards of Official Conduct; and (3) make reports available to the
    public as printed House documents rather than having them maintained in
    the Committee on Standards of Official Conduct (H. Res. 287, Mar. 2,
    1977, pp. 5933-53). The rule was again amended in the 96th Congress to
    incorporate by reference the relevant provisions of title I of the
    Ethics in Government Act of 1978 as they pertain to Members, officers,
    and employees of the House of Representatives (H. Res. 5, Jan. 15, 1979,
    pp. 7-16). Clause 1 was amended by the Ethics Reform Act of 1989 to make
    conforming changes in certain dates (P.L. 101-194). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former rule XLIV (H. Res. 5, Jan. 6, 1999, p. ----). This rule was
    redesignated as rule XXVI in the 107th Congress (sec. 2(s), H. Res. 5,
    Jan. 3, 2001, p. ----).
      For an in-depth discussion of this rule prepared by the Committee on
    Standards of Official Conduct, see the House Ethics Manual (102d Cong.,
    2d Sess.).

      Pertinent provisions of title I of the Ethics in Government Act of
    1978 (5 U.S.C. App. 101-111) follow:

    [[Page [917]]]

         Title I--Financial Disclosure Requirements of Federal Personnel

                            persons required to file

      Sec. 101. (a) Within thirty days of assuming the position of an
    officer or employee described in subsection (f), an individual shall
    file a report containing the information described in section 102(b)
    unless the individual has left another position described in subsection
    (f) within thirty days prior to assuming such new position or has
    already filed a report under this title with respect to nomination for
    the new position or as a candidate for the position.

                                      * * *

      (c) Within thirty days of becoming a candidate as defined in section
    301 of the Federal Campaign Act of 1971, in a calendar year for
    nomination or election to the Office of President, Vice President, or
    Member of Congress, or on or before May 15 of that calendar year,
    whichever is later, but in no event later than 30 days before the
    election, and on or before May 15 of each successive year an individual
    continues to be a candidate, an individual other than an incumbent
    President, Vice President, or Member of Congress shall file a report
    containing the information described in section 102(b). Notwithstanding
    the preceding sentence, in any calendar year in which an individual
    continues to be a candidate for any office but all elections for such
    office relating to such candidacy were held in prior calendar years,
    such individual need not file a report unless he becomes a candidate for
    another vacancy in that office or another office during that year.
      (d) Any individual who is an officer or employee described in
    subsection (f) during any calendar year and performs the duties of his
    position or office for a period in excess of sixty days in that calendar
    year shall file on or before May 15 of the succeeding year a report
    containing the information described in section 102(a).
      (e) Any individual who occupies a position described in subsection (f)
    shall, on or before the thirtieth day after termination of employment in
    such position, file a report containing the information described in
    section 102(a) covering the preceding calendar year if the report
    required by subsection (d) has not been filed and covering the portion
    of the calendar year in which such termination occurs up to the date the
    individual left such office or position, unless such individual has
    accepted employment in another position described in subsection (f).
      (f) The officers and employees referred to in subsections (a), (d),
    and (e) are-- * * *
      (9) a Member of Congress as defined under section 109(12);
      (10) an officer or employee of the Congress as defined under section
    109(13);

                                      * * *

    [[Page [918]]]

      (g)(1) Reasonable extensions of time for filing any report may be
    granted under procedures prescribed by the supervising ethics office for
    each branch, but the total of such extensions shall not exceed ninety
    days. * * *
      (h) The provisions of subsections (a), (b), and (e) shall not apply to
    an individual who, as determined by the designated agency ethics
    official or Secretary concerned (or in the case of a Presidential
    appointee under subsection (b), the Director of the Office of Government
    Ethics), the congressional ethics committees, or the Judicial
    Conference, is not reasonably expected to perform the duties of his
    office or position for more than sixty days in a calendar year, except
    that if such individual performs the duties of his office or position
    for more than sixty days in a calendar year--
              (1) the report required by subsections (a) and (b) shall be
            filed within fifteen days of the sixtieth day, and
              (2) the report required by subsection (e) shall be filed as
            provided in such subsection.
      (i) The supervising ethics office for each branch may grant a publicly
    available request for a waiver of any reporting requirement under this
    section for an individual who is expected to perform or has performed
    the duties of his office or position less than one hundred and thirty
    days in a calendar year, but only if the supervising ethics office
    determines that--
              (1) such individual is not a full-time employee of the
            Government,
              (2) such individual is able to provide services specially
            needed by the Government,
              (3) it is unlikely that the individual's outside employment or
            financial interests will create a conflict of interest, and
              (4) public financial disclosure by such individual is not
            necessary in the circumstances.

                               contents of reports

      Sec. 102. (a) Each report filed pursuant to section 101 (d) and (e)
    shall include a full and complete statement with respect to the
    following:
      (1)(A) The source, type, and amount or value of income (other than
    income referred to in subparagraph (B)) from any source (other than from
    current employment by the United States Government), and the source,
    date, and amount of honoraria from any source, received during the
    preceding calendar year, aggregating $200 or more in value and,
    effective January 1, 1991, the source, date, and amount of payments made
    to charitable organizations in lieu of honoraria, and the reporting
    individual shall simultaneously file with the applicable supervising
    ethics office, on a confidential basis, a corresponding list of
    recipients of all such payments, together with the dates and amounts of
    such payments.
      (B) The source and type of income which consists of dividends, rents,
    interest, and capital gains, received during the preceding calendar year
    which exceeds $200 in amount or value, and an indication of which of the
    following categories the amount or value of such item of income is
    within:

    [[Page [919]]]

              (i) not more than $1,000,
              (ii) greater than $1,000 but not more than $2,500,
              (iii) greater than $2,500 but not more than $5,000,
              (iv) greater than $5,000 but not more than $15,000,
              (v) greater than $15,000 but not more than $50,000,
              (vi) greater than $50,000 but not more than $100,000,
              (vii) greater than $100,000 but not more than $1,000,000,
              (viii) greater than $1,000,000 but not more than $5,000,000,
            or
              (ix) greater than $5,000,000.
      (2)(A) The identity of the source, a brief description, and the value
    of all gifts aggregating more than the minimal value as established by
    section 7342(a)(5) of title 5, United States Code, or $250, whichever is
    greater, received from any source other than a relative of the reporting
    individual during the preceding calendar year, except that any food,
    lodging, or entertainment received as personal hospitality of an
    individual need not be reported, and any gift with a fair market value
    of $100 or less, as adjusted at the same time and by the same percentage
    as the minimal value is adjusted, need not be aggregated for purposes of
    this subparagraph.
      (B) The identity of the source and a brief description (including a
    travel itinerary, dates, and nature of expenses provided) of
    reimbursements received from any source aggregating more than the
    minimal value as established by section 7342(a)(5) of title 5, United
    States Code, or $250, whichever is greater, and received during the
    preceding calendar year.
      (C) In an unusual case, a gift need not be aggregated under
    subparagraph (A) if a publicly available request for a waiver is
    granted.
      (3) The identity and category of value of any interest in property
    held during the preceding calendar year in a trade or business, or for
    investment or the production of income, which has a fair market value
    which exceeds $1,000 as of the close of the preceding calendar year,
    excluding any personal liability owed to the reporting individual by a
    spouse, or by a parent, brother, sister, or child of the reporting
    individual or of the reporting individual's spouse, or any deposits
    aggregating $5,000 or less in a personal savings account. For purposes
    of this paragraph, a personal savings account shall include any
    certificate of deposit or any other form of deposit in a bank, savings
    and loan association, credit union, or similar financial institution.
      (4) The identity and category of value of the total liabilities owed
    to any creditor other than a spouse, or a parent, brother, sister, or
    child of the reporting individual or of the reporting individual's
    spouse which exceed $10,000 at any time during the preceding calendar
    year, excluding--
              (A) any mortgage secured by real property which is a personal
            residence of the reporting individual or his spouse; and
              (B) any loan secured by a personal motor vehicle, household
            furniture, or appliances, which loan does not exceed the
            purchase price of the item which secures it.

    [[Page [920]]]

    With respect to revolving charge accounts, only those with an
    outstanding liability which exceeds $10,000 as of the close of the
    preceding calendar year need be reported under this paragraph.
      (5) Except as provided in this paragraph, a brief description, the
    date, and category of value of any purchase, sale or exchange during the
    preceding calendar year exceeds $1,000--
              (A) in real property, other than property used solely as a
            personal residence of the reporting individual or his spouse; or
              (B) in stocks, bonds, commodities futures, and other forms of
            securities.

    Reporting is not required under this paragraph of any transaction solely
    by and between the reporting individual, his spouse, or dependent
    children.
      (6)(A) The identity of all positions held on or before the date of
    filing during the current calendar year (and, for the first report filed
    by an individual, during the two-year period preceding such calendar
    year) as an officer, director, trustee, partner, proprietor,
    representative, employee, or consultant of any corporation, company,
    firm, partnership, or other business enterprise, any nonprofit
    organization, any labor organization, or any educational or other
    institution other than the United States. This subparagraph shall not
    require the reporting of positions held in any religious, social,
    fraternal, or political entity and positions solely of an honorary
    nature.
      (B) If any person, other than the United States Government, paid a
    nonelected reporting individual compensation in excess of $5,000 in any
    of the two calendar years prior to the calendar year during which the
    individual files his first report under this title, the individual shall
    include in the report--
              (i) the identity of each source of such compensation; and
              (ii) a brief description of the nature of the duties performed
            or services rendered by the reporting individual for each such
            source.

    The preceding sentence shall not require any individual to include in
    such report any information which is considered confidential as a result
    of a privileged relationship, established by law, between such
    individual and any person nor shall it require an individual to report
    any information with respect to any person for whom services were
    provided by any firm or association of which such individual was a
    member, partner, or employee unless such individual was directly
    involved in the provision of such services.
      (7) A description of the date, parties to, and terms of any agreement
    or arrangement with respect to (A) future employment; (B) a leave of
    absence during the period of the reporting individual's Government
    service; (C) continuation of payments by a former employer other than
    the United States Government; and (D) continuing participation in an
    employee welfare or benefit plan maintained by a former employer.
      (8) The category of the total cash value of any interest of the
    reporting individual in a qualified blind trust, unless the trust
    instrument was exe

    [[Page [921]]]

    cuted prior to July 24, 1995 and precludes the beneficiary from
    receiving information on the total cash value of any interest in the
    qualified blind trust.
      (b)(1) Each report filed pursuant to subsections (a), (b), and (c) of
    section 101 shall include a full and complete statement with respect to
    the information required by--
              (A) paragraph (1) of subsection (a) for the year of filing and
            the preceding calendar year,
              (B) paragraphs (3) and (4) of subsection (a) as of the date
            specified in the report but which is less than thirty-one days
            before the filing date, and
              (C) paragraphs (6) and (7) of subsection (a) as of the filing
            date but for periods described in such paragraphs.
      (2)(A) In lieu of filling out one or more schedules of a financial
    disclosure form, an individual may supply the required information in an
    alternative format, pursuant to either rules adopted by the supervising
    ethics office for the branch in which such individual serves or pursuant
    to a specific written determination by such office for a reporting
    individual.
      (B) In lieu of indicating the category of amount or value of any item
    contained in any report filed under this title, a reporting individual
    may indicate the exact dollar amount of such item.
      (c) In the case of any individual described in section 101(e), any
    reference to the preceding calendar year shall be considered also to
    include that part of the calendar year of filing up to the date of the
    termination of employment.
      (d)(1) The categories for reporting the amount or value of the items
    covered in paragraphs (3), (4), (5), and (8) of subsection (a) are as
    follows:
              (A) not more than $15,000;
              (B) greater than $15,000 but not more than $50,000;
              (C) greater than $50,000 but not more than $100,000;
              (D) greater than $100,000 but not more than $250,000;
              (E) greater than $250,000 but not more than $500,000;
              (F) greater than $500,000 but not more than $1,000,000;
              (G) greater than $1,000,000 but not more than $5,000,000;
              (H) greater than $5,000,000 but not more than $25,000,000;
              (I) greater than $25,000,000 but not more than $50,000,000;
            and
              (J) greater than $50,000,000.
      (2) For the purposes of paragraph (3) of subsection (a) if the current
    value of an interest in real property (or an interest in a real estate
    partnership) is not ascertainable without an appraisal, an individual
    may list (A) the date of purchase and the purchase price of the interest
    in the real property, or (B) the assessed value of the real property for
    tax purposes, adjusted to reflect the market value of the property used
    for the assessment if the assessed value is computed at less than 100
    percent of such market value, but such individual shall include in his
    report a full and complete description of the method used to determine
    such assessed value, instead

    [[Page [922]]]

    of specifying a category of value pursuant to paragraph (1) of this
    subsection. If the current value of any other item required to be
    reported under paragraph (3) of subsection (a) is not ascertainable
    without an appraisal, such individual may list the book value of a
    corporation whose stock is not publicly traded, the net worth of a
    business partnership, the equity value of an individually owned
    business, or with respect to other holdings, any recognized indication
    of value, but such individual shall include in his report a full and
    complete description of the method used in determining such value. In
    lieu of any value referred to in the preceding sentence, an individual
    may list the assessed value of the item for tax purposes, adjusted to
    reflect the market value of the item used for the assessment if the
    assessed value is computed at less than 100 percent of such market
    value, but a full and complete description of the method used in
    determining such assessed value shall be included in the report.
      (e)(1) Except as provided in the last sentence of this paragraph, each
    report required by section 101 shall also contain information listed in
    paragraphs (1) through (5) of subsection (a) of this section respecting
    the spouse or dependent child of the reporting individual as follows:
              (A) The source of items of earned income earned by a spouse
            from any person which exceed $1,000 and the source and amount of
            any honoraria received by a spouse, except that, with respect to
            earned income (other than honoraria), if the spouse is self-
            employed in business or a profession, only the nature of such
            business or profession need be reported.
              (B) All information required to be reported in subsection
            (a)(1)(B) with respect to income derived by a spouse or
            dependent child from any asset held by the spouse or dependent
            child and reported pursuant to subsection (a)(3).
              (C) In the case of any gifts received by a spouse or dependent
            child which are not received totally independent of the
            relationship of the spouse or dependent child to the reporting
            individual, the identity of the source and a brief description
            of gifts of transportation, lodging, food, or entertainment and
            a brief description and the value of other gifts.
              (D) In the case of any reimbursements received by a spouse or
            dependent child which are not received totally independent of
            the relationship of the spouse or dependent child to the
            reporting individual, the identity of the source and a brief
            description of each such reimbursement.
              (E) In the case of items described in paragraphs (3) through
            (5) of subsection (a), all information required to be reported
            under these paragraphs other than items (i) which the reporting
            individual certifies represent the spouse's or dependent child's
            sole financial interest or responsibility and which the
            reporting individual has no knowledge of, (ii) which are not in
            any way, past or present, derived from the income, assets, or
            activities of the reporting individual, and

    [[Page [923]]]

            (iii) from which the reporting individual neither derives, nor
            expects to derive, any financial or economic benefit.
              (F) For purposes of this section, categories with amounts or
            values greater than $1,000,000 set forth in sections
            102(a)(1)(B) and 102(d)(1) shall apply to the income, assets, or
            liabilities of spouses and dependent children only if the
            income, assets, or liabilities are held jointly with the
            reporting individual. All other income, assets, or liabilities
            of the spouse or dependent children required to be reported
            under this section in an amount or value greater than $1,000,000
            shall be categorized only as an amount or value greater than
            $1,000,000.

    Reports required by subsections (a), (b), and (c) of section 101 shall,
    with respect to the spouse and dependent child of the reporting
    individual, only contain information listed in paragraphs (1), (3), and
    (4) of subsection (a), as specified in this paragraph.
      (2) No report shall be required with respect to a spouse living
    separate and apart from the reporting individual with the intention of
    terminating the marriage or providing for permanent separation; or with
    respect to any income or obligations of an individual arising from the
    dissolution of his marriage or the permanent separation from his spouse.
      (f)(1) Except as provided in paragraph (2), each reporting individual
    shall report the information required to be reported pursuant to
    subsections (a), (b), and (c) of this section with respect to the
    holdings of and the income from a trust or other financial arrangement
    from which income is received by, or with respect to which a beneficial
    interest in principal or income is held by, such individual, his spouse,
    or any dependent child.
      (2) A reporting individual need not report the holdings of or the
    source of income from any of the holdings of--
              (A) any qualified blind trust (as defined in paragraph (3));
              (B) a trust--
                      (i) which was not created directly by such individual,
                    his spouse, or any dependent child, and
                      (ii) the holdings or sources of income of which such
                    individual, his spouse, and any dependent child have no
                    knowledge of; or
              (C) an entity described under the provisions of paragraph (8),
            but such individual shall report the category of the amount of
            income received by him, his spouse, or any dependent child from
            the trust or other entity under subsection (a)(1)(B) of this
            section.
      (3) For purpose of this subsection, the term ``qualified blind trust''
    includes any trust in which a reporting individual, his spouse, or any
    minor or dependent child has a beneficial interest in the principal or
    income, and which meets the following requirements:
              (A)(i) The trustee of the trust and any other entity
            designated in the trust instrument to perform fiduciary duties
            is a financial institution, an attorney, a certified public
            accountant, a broker, or an investment advisor who--

    [[Page [924]]]

                      (I) is independent of and not associated with any
                    interested party so that the trustee or other person
                    cannot be controlled or influenced in the administration
                    of the trust by any interested party;
                      (II) is not and has not been an employee of or
                    affiliated with any interested party and is not a
                    partner of, or involved in any joint venture or other
                    investment with, any interested party; and
                      (III) is not a relative of any interested party.
                  (ii) Any officer or employee of a trustee or other entity
                who is involved in the management or control of the trust--
                      (I) is independent of and not associated with any
                    interested party so that such officer or employee cannot
                    be controlled or influenced in the administration of the
                    trust by any interested party;
                      (II) is not a partner of, or involved in any joint
                    venture or other investment with, any interested party;
                    and
                      (III) is not a relative of any interested party.
              (B) Any asset transferred to the trust by an interested party
            is free of any restriction with respect to its transfer or sale
            unless such restriction is expressly approved by the supervising
            ethics office of the reporting individual.
              (C) The trust instrument which establishes the trust provides
            that--
                      (i) except to the extent provided in subparagraph (B)
                    of this paragraph, the trustee in the exercise of his
                    authority and discretion to manage and control the
                    assets of the trust shall not consult or notify any
                    interested party;
                      (ii) the trust shall not contain any asset the holding
                    of which by an interested party is prohibited by any law
                    or regulation;
                      (iii) the trustee shall promptly notify the reporting
                    individual and his supervising ethics office when the
                    holdings of any particular asset transferred to the
                    trust by any interested party are disposed of or when
                    the value of such holding is less than $1,000;
                      (iv) the trust tax return shall be prepared by the
                    trustee or his designee, and such return and any
                    information relating thereto (other than the trust
                    income summarized in appropriate categories necessary to
                    complete an interested party's tax return), shall not be
                    disclosed to any interested party;
                      (v) an interested party shall not receive any report
                    on the holdings and sources of income of the trust,
                    except a report at the end of each calendar quarter with
                    respect to the total cash value of the interest of the
                    interested party in the trust or the net income or loss
                    of the trust or any reports necessary to enable the
                    interested party to complete an individual tax return re

    [[Page [925]]]

                    quired by law or to provide the information required by
                    subsection (a)(1) of this section, but such report shall
                    not identify any asset or holding;
                      (vi) except for communications which solely consist of
                    requests for distributions of cash or other unspecified
                    assets of the trust, there shall be no direct or
                    indirect communication between the trustee and an
                    interested party with respect to the trust unless such
                    communication is in writing and unless it relates only
                    (I) to the general financial interest and needs of the
                    interested party (including, but not limited to, an
                    interest in maximizing income or long-term capital
                    gain), (II) to the notification of the trustee of a law
                    or regulation subsequently applicable to the reporting
                    individual which prohibits the interested party from
                    holding an asset, which notification directs that the
                    asset not be held by the trust, or (III) to directions
                    to the trustee to sell all of an asset initially placed
                    in the trust by an interested party which in the
                    determination of the reporting individual creates a
                    conflict of interest or the appearance thereof due to
                    the subsequent assumption of duties by the reporting
                    individual (but nothing herein shall require any such
                    direction); and
                      (vii) the interested parties shall make no effort to
                    obtain information with respect to the holdings of the
                    trust, including obtaining a copy of any trust tax
                    return filed or any information relating thereto except
                    as otherwise provided in this subsection.
              (D) The proposed trust instrument and the proposed trustee is
            approved by the reporting individual's supervising ethics
            office.
              (E) For purposes of this subsection, ``interested party''
            means a reporting individual, his spouse, and any minor or
            dependent child; ``broker'' has the meaning set forth in section
            3(a)(4) of the Securities and Exchange Act of 1934 (15 U.S.C.
            78c(a)(4)); and ``investment adviser'' includes any investment
            adviser who, as determined under regulations prescribed by the
            supervising ethics office, is generally involved in his role as
            such an adviser in the management or control of trusts.
              (F) Any trust qualified by a supervising ethics office before
            the effective date of title II of the Ethics Reform Act of 1989
            shall continue to be governed by the law and regulations in
            effect immediately before such effective date.
      (4)(A) An asset placed in a trust by an interested party shall be
    considered a financial interest of the reporting individual, for the
    purposes of any applicable conflict of interest statutes, regulations,
    or rules of the Federal Government (including section 208 of title 18,
    United States Code), until such time as the reporting individual is
    notified by the trustee that such asset has been disposed of, or has a
    value of less than $1,000.
      (B)(i) The provisions of subparagraph (A) shall not apply with respect
    to a trust created for the benefit of a reporting individual, or the
    spouse,

    [[Page [926]]]

    dependent child, or minor child of such a person, if the supervising
    ethics office for such reporting individual finds that--
              (I) the assets placed in the trust consist of a well-
            diversified portfolio of readily marketable securities;
              (II) none of the assets consist of securities of entities
            having substantial activities in the area of the reporting
            individual's primary area of responsibility;
              (III) the trust instrument prohibits the trustee,
            notwithstanding the provisions of paragraphs (3)(C) (iii) and
            (iv) of this subsection, from making public or informing any
            interested party of the sale of any securities;
              (IV) the trustee is given power of attorney, notwithstanding
            the provisions of paragraph (3)(C)(v) of this subsection, to
            prepare on behalf of any interested party the personal income
            tax returns and similar returns which may contain information
            relating to the trust; and
              (V) except as otherwise provided in this paragraph, the trust
            instrument provides (or in the case of a trust established prior
            to the effective date of this Act which by its terms does not
            permit amendment, the trustee, the reporting individual, and any
            other interested party agree in writing) that the trust shall be
            administered in accordance with the requirements of this
            subsection and the trustee of such trust meets the requirements
            of paragraph (3)(A).

                                      * * *

      (5)(A) The reporting individual shall, within thirty days after a
    qualified blind trust is approved by his supervising ethics office, file
    with such office a copy of--
              (i) the executed trust instrument of such trust (other than
            those provisions which relate to the testamentary disposition of
            the trust assets), and
              (ii) a list of the assets which were transferred to such
            trust, including the category of value of each asset as
            determined under subsection (d) of this section.

    This subparagraph shall not apply with respect to a trust meeting the
    requirements for being considered a qualified blind trust under
    paragraph (7) of this subsection.
      (B) The reporting individual shall, within thirty days of transferring
    an asset (other than cash) to a previously established qualified blind
    trust, notify his supervising ethics office of the identity of each such
    asset and the category of value of each asset as determined under
    subsection (d) of this section.
      (C) Within thirty days of the dissolution of a qualified blind trust,
    a reporting individual shall--
              (i) notify his supervising ethics office of such dissolution,
            and

    [[Page [927]]]

              (ii) file with such office a copy of a list of the assets of
            the trust at the time of such dissolution and the category of
            value under subsection (d) of this section of each such asset.
      (D) Documents filed under subparagraphs (A), (B), and (C) of this
    paragraph and the lists provided by the trustee of assets placed in the
    trust by an interested party which have been sold shall be made
    available to the public in the same manner as a report is made available
    under section 105 and the provisions of that section shall apply with
    respect to such documents and lists.
      (E) A copy of each written communication with respect to the trust
    under paragraph (3)(C)(vi) shall be filed by the person initiating the
    communication with the reporting individual's supervising ethics office
    within five days of the date of the communication.
      (6)(A) A trustee of a qualified blind trust shall not knowingly and
    willfully, or negligently, (i) disclose any information to an interested
    party with respect to such trust that may not be disclosed under
    paragraph (3) of this subsection; (ii) acquire any holding the ownership
    of which is prohibited by the trust instrument; (iii) solicit advice
    from any interested party with respect to such trust, which solicitation
    is prohibited by paragraph (3) of this subsection or the trust
    agreement; or (iv) fail to file any document required by this
    subsection.
      (B) A reporting individual shall not knowingly and willfully, or
    negligently, (i) solicit or receive any information with respect to a
    qualified blind trust of which he is an interested party that may not be
    disclosed under paragraph (3)(C) of this subsection or (ii) fail to file
    any document required by this subsection.
      (C)(i) The Attorney General may bring a civil action in any
    appropriate United States district court against any individual who
    knowingly and willfully violates the provisions of subparagraph (A) or
    (B) of this paragraph. The court in which such action is brought may
    assess against such individual a civil penalty in any amount not to
    exceed $10,000.
      (ii) The Attorney General may bring a civil action in any appropriate
    United States district court against any individual who negligently
    violates the provisions of subparagraph (A) or (B) of this paragraph.
    The court in which such action is brought may assess against such
    individual a civil penalty in any amount not to exceed $5,000.
      (7) Any trust may be considered to be a qualified blind trust if--
              (A) the trust instrument is amended to comply with the
            requirements of paragraph (3) or, in the case of a trust
            instrument which does not by its terms permit amendment, the
            trustee, the reporting individual, and any other interested
            party agree in writing that the trust shall be administered in
            accordance with the requirements of this subsection and the
            trustee of such trust meets the requirements of paragraph
            (3)(A); except that in the case of any interested party who is a
            dependent child, a parent or guardian of such child may execute
            the agreement referred to in this subparagraph;

    [[Page [928]]]

              (B) a copy of the trust instrument (except testamentary
            provisions) and a copy of the agreement referred to in
            subparagraph (A), and a list of the assets held by the trust at
            the time of approval by the supervising ethics office, including
            the category of value of each asset as determined under
            subsection (d) of this section, are filed with such office and
            made available to the public as provided under paragraph (5)(D)
            of this subsection; and
              (C) the supervising ethics office determines that approval of
            the trust arrangement as a qualified blind trust is in the
            particular case appropriate to assure compliance with applicable
            laws and regulations.
      (8) A reporting individual shall not be required to report the
    financial interests held by a widely held investment fund (whether such
    fund is a mutual fund, regulated investment company, pension or deferred
    compensation plan, or other investment fund), if--
              (A)(i) the fund is publicly traded; or
              (ii) the assets of the fund are widely diversified; and
              (B) the reporting individual neither exercises control over
            nor has the ability to exercise control over the financial
            interests held by the fund.
      (g) Political campaign funds, including campaign receipts and
    expenditures, need not be included in any report filed pursuant to this
    title.
      (h) A report filed pursuant to subsection (a), (d), or (e) of section
    101 need not contain the information described in subparagraphs (A),
    (B), and (C) of subsection (a)(2) with respect to gifts and
    reimbursements received in a period when the reporting individual was
    not an officer or employee of the Federal Government.
      (i) A reporting individual shall not be required under this title to
    report--
              (1) financial interests in or income derived from--
                      (A) any retirement system under title 5, United States
                    Code (including the Thrift Savings Plan under subchapter
                    III of chapter 84 of such title); or
                      (B) any other retirement system maintained by the
                    United States for officers or employees of the United
                    States, including the President, or for members of the
                    uniformed services; or
              (2) benefits received under the Social Security Act.

                                filing of reports

      Sec. 103. (a) Except as otherwise provided in this section, the
    reports required under this title shall be filed by the reporting
    individual with the designated agency ethics official at the agency by
    which he is employed (or in the case of an individual described in
    section 101(e), was employed) or in which he will serve. The date any
    report is received (and the date of receipt of any supplemental report)
    shall be noted on such report by such official.

    [[Page [929]]]

                                      * * *

      (g) Each supervising Ethics Office shall develop and make available
    forms for reporting the information required by this title.
      (h)(1) The reports required under this title shall be filed by a
    reporting individual with--
              (A)(i)(I) the Clerk of the House of Representatives, in the
            case of a Representative in Congress, a Delegate to Congress,
            the Resident Commissioner from Puerto Rico, an officer or
            employee of the Congress whose compensation is disbursed by the
            Clerk of the House of Representatives, an officer or employee of
            the Architect of the Capitol, the United States Botanic Garden,
            the Congressional Budget Office, the Government Printing Office,
            the Library of Congress, or the Copyright Royalty Tribunal
            (including any individual terminating service, under section
            101(e), in any office or position referred to in this
            subclause), or an individual described in section 101(c) who is
            a candidate for nomination or election as a Representative in
            Congress, a Delegate to Congress, or the Resident Commissioner
            from Puerto Rico;

                                      * * *

              (ii) in the case of an officer or employee of the Congress as
            described under section 101(f)(10) who is employed by an agency
            or commission established in the legislative branch after the
            date of the enactment of the Ethics Reform Act of 1989--
                      (I) the Secretary of the Senate or the Clerk of the
                    House of Representatives, as the case may be, as
                    designated in the statute establishing such agency or
                    commission; or
                      (II) if such statute does not designate such
                    committee, the Secretary of the Senate for agencies and
                    commissions established in even numbered calendar years,
                    and the Clerk of the House of Representatives for
                    agencies and commissions established in odd numbered
                    calendar years;

                                      * * *

              (2) The date any report is received (and the date of receipt
            of any supplemental report) shall be noted on such report by
            such committee.
      (i) A copy of each report filed under this title by a Member or an
    individual who is a candidate for the Office of Member shall be sent by
    the Clerk of the House of Representatives or Secretary of the Senate, as
    the case may be, to the appropriate State officer designated under
    section 316(a) of the Federal Election Campaign Act of 1971 of the State
    represented by the Member or in which the individual is a candidate, as
    the case may be, within the 30-day period beginning on the day the
    report is filed with the Clerk or Secretary.

    [[Page [930]]]

      (j)(1) A copy of each report filed under this title with the Clerk of
    the House of Representatives shall be sent by the Clerk to the Committee
    on Standards of Official Conduct of the House of Representatives within
    the 7-day period beginning on the day the report is filed.

                                      * * *

      (k) In carrying out their responsibilities under this title with
    respect to candidates for office, the Clerk of the House of
    Representatives and the Secretary of the Senate shall avail themselves
    of the assistance of the Federal Election Commission. The Commission
    shall make available to the Clerk and the Secretary on a regular basis a
    complete list of names and addresses of all candidates registered with
    the Commission, and shall cooperate and coordinate its candidate
    information and notification program with the Clerk and the Secretary to
    the greatest extent possible.

                     failure to file or filing false reports

      Sec. 104. (a) The Attorney General may bring a civil action in any
    appropriate United States district court against any individual who
    knowingly and willfully falsifies or who knowingly and willfully fails
    to file or report any information that such individual is required to
    report pursuant to section 102. The court in which such action is
    brought may assess against such individual a civil penalty in any
    amount, not to exceed $10,000.
      (b) The head of each agency, each Secretary concerned, the Director of
    the Office of Government Ethics, each congressional ethics committee, or
    the Judicial Conference, as the case may be, shall refer to the Attorney
    General the name of any individual which such official or committee has
    reasonable cause to believe has willfully failed to file a report or has
    willfully falsified or willfully failed to file information required to
    be reported.
      (c) The President, the Vice President, the Secretary concerned, the
    head of each agency, the Office of Personnel Management, a congressional
    ethics committee, and the Judicial Conference of the United States, may
    take any appropriate personnel or other action in accordance with
    applicable law or regulation against any individual failing to file a
    report or falsifying or failing to report information required to be
    reported.
      (d)(1) Any individual who files a report required to be filed under
    this title more than 30 days after the later of--
              (A) the date such report is required to be filed pursuant to
            the provisions of this title and the rules and regulations
            promulgated thereunder; or
              (B) if a filing extension is granted to such individual under
            section 101(g), the last day of the filing extension period,
            shall, at the direction of and pursuant to regulations issued by
            the supervising ethics office, pay a filing fee of $200. All
            such fees shall be deposited in the miscellaneous receipts of
            the Treasury. The authority under this paragraph to direct the
            payment of a filing fee may be delegated by

    [[Page [931]]]

            the supervising ethics office in the executive branch to other
            agencies in the executive branch.
      (2) The supervising ethics office may waive the filing fee under this
    subsection in extraordinary circumstances.

                     custody of and public access to reports

      Sec. 105. (a) Each agency, each supervising ethics office in the
    executive or judicial branch, the Clerk of the House of Representatives,
    and the Secretary of the Senate shall make available to the public, in
    accordance with subsection (b), each report filed under this title with
    such agency or office or with the Clerk or the Secretary of the Senate.

                                      * * *

      (b)(1) Except as provided in the second sentence of this subsection,
    each agency, each supervising ethics office in the executive or judicial
    branch, the Clerk of the House of Representatives, and the Secretary of
    the Senate shall, within thirty days after any report is received under
    this title by such agency or office or by the Clerk or the Secretary of
    the Senate, as the case may be, permit inspection of such report by or
    furnish a copy of such report to any person requesting such inspection
    or copy. With respect to any report required to be filed by May 15 of
    any year, such report shall be made available for public inspection
    within 30 calendar days after May 15 of such year or within 30 days of
    the date of filing of such a report for which an extension is granted
    pursuant to section 101(g). The agency, office, Clerk, or Secretary of
    the Senate, as the case may be may require a reasonable fee to be paid
    in any amount which is found necessary to recover the cost of
    reproduction or mailing of such report excluding any salary of any
    employee involved in such reproduction or mailing. A copy of such report
    may be furnished without charge or at a reduced charge if it is
    determined that waiver or reduction of the fee is in the public
    interest.
      (2) Notwithstanding paragraph (1), a report may not be made available
    under this section to any person nor may any copy thereof be provided
    under this section to any person except upon a written application by
    such person stating--
              (A) that person's name, occupation and address;
              (B) the name and address of any other person or organization
            on whose behalf the inspection or copy is requested; and
              (C) that such person is aware of the prohibitions on the
            obtaining or use of the report.

    Any such application shall be made available to the public throughout
    the period during which the report is made available to the public.
      (3)(A) This section does not require the immediate and unconditional
    availability of reports filed by an individual described in section
    109(8) or 109(10) of this Act if a finding is made by the Judicial
    Conference,

    [[Page [932]]]

    in consultation with United States Marshall Service, that revealing
    personal and sensitive information could endanger that individual.
      (B) A report may be redacted pursuant to this paragraph only--
              (i) to the extent necessary to protect the individual who
            filed the report; and
              (ii) for as long as the danger to such individual exists.
      (C) The Administrative Office of the United States Courts shall submit
    to the Committees on the Judiciary of the House of Representatives and
    of the Senate an annual report with respect to the operation of this
    paragraph including--
              (i) the total number of reports redacted pursuant to this
            paragraph;
              (ii) the total number of individuals whose reports have been
            redacted pursuant to this paragraph; and
              (iii) the types of threats against individuals whose reports
            are redacted, if appropriate.
      (D) The Judicial Conference, in consultation with the Department of
    Justice, shall issue regulations setting forth the circumstances under
    which redaction is appropriate under this paragraph and the procedures
    for redaction.
      (E) This paragraph shall expire on December 31, 2001, and apply to
    filings through calendar year 2001.
      (c)(1) It shall be unlawful for any person to obtain or use a report--
              (A) for any unlawful purpose;
              (B) for any commercial purpose, other than by news and
            communications media for dissemination to the general public;
              (C) for determining or establishing the credit rating of any
            individual; or
              (D) for use, directly or indirectly, in the solicitation of
            money for any political, charitable, or other purpose.
      (2) The Attorney General may bring a civil action against any person
    who obtains or uses a report for any purpose prohibited in paragraph (1)
    of this subsection. The court in which such action is brought may assess
    against such person a penalty in any amount not to exceed $10,000. Such
    remedy shall be in addition to any other remedy available under
    statutory or common law.
      (d) Any report filed with or transmitted to an agency or supervising
    ethics office or to the Clerk of the House of Representatives or the
    Secretary of the Senate pursuant to this title shall be retained by such
    agency or office or by the Clerk or the Secretary of the Senate, as the
    case may be. Such report shall be made available to the public for a
    period of six years after receipt of the report. After such six-year
    period the report shall be destroyed unless needed in an ongoing
    investigation, except that in the case of an individual who filed the
    report pursuant to section 101(b) and was not subsequently confirmed by
    the Senate, or who filed the report pursuant to section 101(c) and was
    not subsequently elected, such reports

    [[Page [933]]]

    shall be destroyed one year after the individual either is no longer
    under consideration by the Senate or is no longer a candidate for
    nomination or election to the Office of President, Vice President, or as
    a Member of Congress, unless needed in an ongoing investigation.

                                review of reports

      Sec. 106. (a)(1) Each designated agency ethics official or Secretary
    concerned shall make provisions to ensure that each report filed with
    him under this title is reviewed within sixty days after the date of
    such filing, except that the Director of the Office of Government Ethics
    shall review only those reports required to be transmitted to him under
    this title within sixty days after the date of transmittal.
      (2) Each congressional ethics committee and the Judicial Conference
    shall make provisions to ensure that each report filed under this title
    is reviewed within sixty days after the date of such filing.
      (b)(1) If after reviewing any report under subsection (a), the
    Director of the Office of Government Ethics, the Secretary concerned,
    the designated agency ethics official, a person designated by the
    congressional ethics committee, or a person designated by the Judicial
    Conference, as the case may be, is of the opinion that on the basis of
    information contained in such report the individual submitting such
    report is in compliance with applicable laws and regulations, he shall
    state such opinion on the report, and shall sign such report.
      (2) If the Director of the Office of Government Ethics, the Secretary
    concerned, the designated agency ethics official, a person designated by
    the congressional ethics committee, or a person designated by the
    Judicial Conference, after reviewing any report under subsection (a)--
              (A) believes additional information is required to be
            submitted, he shall notify the individual submitting such report
            what additional information is required and the time by which it
            must be submitted, or
              (B) is of the opinion, on the basis of information submitted,
            that the individual is not in compliance with applicable laws
            and regulations, he shall notify the individual, afford a
            reasonable opportunity for a written or oral response, and after
            consideration of such response, reach an opinion as to whether
            or not, on the basis of information submitted, the individual is
            in compliance with such laws and regulations.
      (3) If the Director of the Office of Government Ethics, the Secretary
    concerned, the designated agency ethics official, a person designated by
    a congressional ethics committee, or a person designated by the Judicial
    Conference, reaches an opinion under paragraph (2)(B) that an individual
    is not in compliance with applicable laws and regulations, the official
    or committee shall notify the individual of that opinion and, after an
    opportunity for personal consultation (if practicable), determine and
    notify the individual of which steps, if any, would in the opinion of
    such official or

    [[Page [934]]]

    committee be appropriate for assuring compliance with such laws and
    regulations and the date by which such steps should be taken. Such steps
    may include, as appropriate--
              (A) divestiture,
              (B) restitution,
              (C) the establishment of a blind trust,
              (D) request for an exemption under section 208(b) of title 18,
            United States Code, or
              (E) voluntary request for transfer, reassignment, limitation
            of duties, or resignation.

    The use of any such steps shall be in accordance with such rules or
    regulations as the supervising ethics office may prescribe.
      (4) If steps for assuring compliance with applicable laws and
    regulations are not taken by the date set under paragraph (3) by an
    individual in a position in the executive branch (other than in the
    Foreign Service or the uniformed services), appointment to which
    requires the advice and consent of the Senate, the matter shall be
    referred to the President for appropriate action.
      (5) If steps for assuring compliance with applicable laws and
    regulations are not taken by the date set under paragraph (3) by a
    member of the Foreign Service or the uniformed services, the Secretary
    concerned shall take appropriate action.
      (6) If steps for assuring compliance with applicable laws and
    regulations are not taken by the date set under paragraph (3) by any
    other officer or employee, the matter shall be referred to the head of
    the appropriate agency, the congressional ethics committee, or the
    Judicial Conference, for appropriate action; except that in the case of
    the Postmaster General or Deputy Postmaster General, the Director of the
    Office of Government Ethics shall recommend to the Governors of the
    Board of Governors of the United States Postal Service the action to be
    taken.
      (7) Each supervising ethics office may render advisory opinions
    interpreting this title within its respective jurisdiction.
    Notwithstanding any other provision of law, the individual to whom a
    public advisory opinion is rendered in accordance with this paragraph,
    and any other individual covered by this title who is involved in a fact
    situation which is indistinguishable in all material aspects, and who
    acts in good faith in accordance with the provisions and findings of
    such advisory opinion shall not, as a result of such act, be subject to
    any penalty or sanction provided by this title.

             confidential reports and other additional requirements

      Sec. 107. (a)(1) Each supervising ethics office may require officers
    and employees under its jurisdiction (including special Government
    employees as defined in section 202 of title 18, United States Code) to
    file confidential financial disclosure reports, in such form as the
    supervising ethics office may prescribe. The information required to be
    reported under this sub

    [[Page [935]]]

    section by the officers and employees of any department or agency shall
    be set forth in rules or regulations prescribed by the supervising
    ethics office, and may be less extensive than otherwise required by this
    title, or more extensive when determined by the supervising ethics
    office to be necessary and appropriate in light of sections 202 through
    209 of title 18, United States Code, regulations promulgated thereunder,
    or the authorized activities of such officers or employees. Any
    individual required to file a report pursuant to section 101 shall not
    be required to file a confidential report pursuant to this subsection,
    except with respect to information which is more extensive than
    information otherwise required by this title. Subsections (a), (b), and
    (d) of section 105 shall not apply with respect to any such report.
      (2) Any information required to be provided by an individual under
    this subsection shall be confidential and shall not be disclosed to the
    public.
      (3) Nothing in this subsection exempts any individual otherwise
    covered by the requirement to file a public financial disclosure report
    under this title from such requirement.
      (b) The provisions of this title requiring the reporting of
    information shall supersede any general requirement under any other
    provision of law or regulation with respect to the reporting of
    information required for purposes of preventing conflicts of interest or
    apparent conflicts of interest. Such provisions of this title shall not
    supersede the requirements of section 7342 of title 5, United States
    Code.
      (c) Nothing in this Act requiring reporting of information shall be
    deemed to authorize the receipt of income, gifts, or reimbursements; the
    holding of assets, liabilities, or positions; or the participation in
    transactions that are prohibited by law, Executive order, rule, or
    regulation.

                        authority of comptroller general

      Sec. 108. (a) The Comptroller General shall have access to financial
    disclosure reports filed under this title for the purposes of carrying
    out his statutory responsibilities.
      (b) No later than December 31, 1992, and regularly thereafter, the
    Comptroller General shall conduct a study to determine whether the
    provisions of this title are being carried out effectively.

                                   definitions

      Sec. 109. For the purposes of this title, the term--
      (1) ``congressional ethics committees'' means the Select Committee on
    Ethics of the Senate and the Committee on Standards of Official Conduct
    of the House of Representatives;
      (2) ``dependent child'' means, when used with respect to any reporting
    individual, any individual who is a son, daughter, stepson, or
    stepdaughter and who--
              (A) is unmarried and under age 21 and is living in the
            household of such reporting individual; or

    [[Page [936]]]

              (B) is a dependent of such reporting individual within the
            meaning of section 152 of the Internal Revenue Code of 1986;
      (3) ``designated agency ethics official'' means an officer or employee
    who is designated to administer the provisions of this title within an
    agency;

                                      * * *

      (5) ``gift'' means a payment, advance, forbearance, rendering, or
    deposit of money, or any thing of value, unless consideration of equal
    or greater value is received by the donor, but does not include--
              (A) bequest and other forms of inheritance;
              (B) suitable mementos of a function honoring the reporting
            individual;
              (C) food, lodging, transportation, and entertainment provided
            by a foreign government within a foreign country or by the
            United States Government, the District of Columbia, or a State
            or local government or political subdivision thereof;
              (D) food and beverages which are not consumed in connection
            with a gift of overnight lodging;
              (E) communications to the offices of a reporting individual,
            including subscriptions to newspapers and periodicals; or
              (F) consumable products provided by home-State businesses to
            the offices of a reporting individual who is an elected
            official, if those products are intended for consumption by
            persons other than such reporting individual;
      (6) ``honoraria'' has the meaning given such term in section 505 of
    this Act;
      (7) ``income'' means all income from whatever source derived,
    including but not limited to the following items: compensation for
    services, including fees, commissions, and similar items; gross income
    derived from business (and net income if the individual elects to
    include it); gains derived from dealings in property; interest; rents;
    royalties; dividends; annuities; income from life insurance and
    endowment contracts; pensions; income from discharge of indebtedness;
    distributive share of partnership income; and income from an interest in
    an estate or trust;

                                      * * *

      (11) ``legislative branch'' includes--
              (A) the Architect of the Capitol;
              (B) the Botanic Gardens;
              (C) the Congressional Budget Office;
              (D) the General Accounting Office;
              (E) the Government Printing Office;
              (F) the Library of Congress;
              (G) the United States Capitol Police;
              (H) the Office of Technology Assessment; and

    [[Page [937]]]

              (I) any other agency, entity, office, or commission
            established in the legislative branch;
      (12) ``Member of Congress'' means a United States Senator, a
    Representative in Congress, a Delegate to Congress, or the Resident
    Commissioner from Puerto Rico;
      (13) ``officer or employee of the Congress'' means--
              (A) any individual described under subparagraph (B), other
            than a Member of Congress or the Vice President, whose
            compensation is disbursed by the Secretary of the Senate or the
            Clerk of the House of Representatives;
              (B)(i) each officer or employee of the legislative branch who,
            for at least 60 days, occupies a position for which the rate of
            basic pay is equal to or greater than 120 percent of the minimum
            rate of basic pay payable for GS-15 of the General Schedule; and
              (ii) at least one principal assistant designated for purposes
            of this paragraph by each Member who does not have an employee
            who occupies a position for which the rate of basic pay is equal
            to or greater than 120 percent of the minimum rate of basic pay
            payable for GS-15 of the General Schedule;
      (14) ``personal hospitality of any individual'' means hospitality
    extended for a nonbusiness purpose by an individual, not a corporation
    or organization, at the personal residence of that individual or his
    family or on property or facilities owned by that individual or his
    family;
      (15) ``reimbursement'' means any payment or other thing of value
    received by the reporting individual, other than gifts, to cover travel-
    related expenses of such individual other than those which are--
              (A) provided by the United States Government, the District of
            Columbia, or a State or local government or political
            subdivision thereof;
              (B) required to be reported by the reporting individual under
            section 7342 of title 5, United States Code; or
              (C) required to be reported under section 304 of the Federal
            Election Campaign Act of 1971 (2 U.S.C. 434);
      (16) ``relative'' means an individual who is related to the reporting
    individual, as father, mother, son, daughter, brother, sister, uncle,
    aunt, great aunt, great uncle, first cousin, nephew, niece, husband,
    wife, grandfather, grandmother, grandson, granddaughter, father-in-law,
    mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-
    law, stepfather, stepmother, stepson, stepdaughter, stepbrother,
    stepsister, half brother, half sister, or who is the grandfather or
    grandmother of the spouse of the reporting individual, and shall be
    deemed to include the fiance or fiancee of the reporting individual;

                                      * * *

      (18) ``supervising ethics office'' means--

    [[Page [938]]]

              (A) the Senate Committee on Ethics of the Senate, for
            Senators, officers and employees of the Senate, and other
            officers or employees of the legislative branch required to file
            financial disclosure reports with the Secretary of the Senate
            pursuant to section 103(h) of this title;
              (B) the Committee on Standards of Official Conduct of the
            House of Representatives, for Members, officers and employees of
            the House of Representatives and other officers or employees of
            the legislative branch required to file financial disclosure
            reports with the Clerk of the House of Representatives pursuant
            to section 103(h) of this title;
              (C) the Judicial Conference for judicial officers and judicial
            employees; and
              (D) the Office of Government Ethics for all executive branch
            officers and employees; and
      (19) ``value'' means a good faith estimate of the dollar value if the
    exact value is neither known nor easily obtainable by the reporting
    individual.

            notice of actions taken to comply with ethics agreements

      Sec. 110. (a) In any case in which an individual agrees with that
    individual's designated agency ethics official, the Office of Government
    Ethics, a Senate confirmation committee, a congressional ethics
    committee, or the Judicial Conference, to take any action to comply with
    this Act or any other law or regulation governing conflicts of interest
    of, or establishing standards of conduct applicable with respect to,
    officers or employees of the Government, that individual shall notify in
    writing the designated agency ethics official, the Office of Government
    Ethics, the appropriate committee of the Senate, the congressional
    ethics committee, or the Judicial Conference, as the case may be, of any
    action taken by the individual pursuant to that agreement. Such
    notification shall be made not later than the date specified in the
    agreement by which action by the individual must be taken, or not later
    than three months after the date of the agreement, if no date for action
    is so specified.
      (b) If an agreement described in subsection (a) requires that the
    individual recuse himself or herself from particular categories of
    agency or other official action, the individual shall reduce to writing
    those subjects regarding which the recusal agreement will apply and the
    process by which it will be determined whether the individual must
    recuse himself or herself in a specific instance. An individual shall be
    considered to have complied with the requirements of subsection (a) with
    respect to such recusal agreement if such individual files a copy of the
    document setting forth the information described in the preceding
    sentence with such individual's designated agency ethics official or the
    appropriate supervising ethics office within the time prescribed in the
    last sentence of subsection (a).

                          administration of provisions

      Sec. 111. The provisions of this title shall be administered by * * *

    [[Page [939]]]

                                      * * *

      (2) the Select Committee on Ethics of the Senate and the Committee on
    Standards of Official Conduct of the House of Representatives, as
    appropriate, with regard to officers and employees described in
    paragraphs (9) and (10) of section 101(f).

                                      * * *

    [DOCID:hd284-139]
                                   Rule XXVII

    [DOCID:hd284-140]
                         Statutory Limit on Public Debt

      1. <> Upon adoption by Congress
    of a concurrent resolution on the budget under section 301 or 304 of the
    Congressional Budget Act of 1974 that sets forth, as the appropriate
    level of the public debt for the period to which the concurrent
    resolution relates, an amount that is different from the amount of the
    statutory limit on the public debt that otherwise would be in effect for
    that period, the Clerk shall prepare an engrossment of a joint
    resolution increasing or decreasing, as the case may be, the statutory
    limit on the public debt in the form prescribed in clause 2. Upon
    engrossment of the joint resolution, the vote by which the concurrent
    resolution on the budget was finally agreed to in the House shall also
    be considered as a vote on passage of the joint resolution in the House,
    and the joint resolution shall be considered as passed by the House and
    duly certified and examined. The engrossed copy shall be signed by the
    Clerk and transmitted to the Senate for further legislative action.
      2. The matter after the resolving clause in a joint resolution
    described in clause 1 shall be as

    [[Page [940]]]

    follows: ``That subsection (b) of section 3101 of title 31, United
    States Code, is amended by striking out the dollar limitation contained
    in such subsection and inserting in lieu thereof `$________'.'', with
    the blank being filled with a dollar limitation equal to the appropriate
    level of the public debt set forth pursuant to section 301(a)(5) of the
    Congressional Budget Act of 1974 in the relevant concurrent resolution
    described in clause 1. If an adopted concurrent resolution under clause
    1 sets forth different appropriate levels of the public debt for
    separate periods, only one engrossed joint resolution shall be prepared
    under clause 1; and the blank referred to in the preceding sentence
    shall be filled with the limitation that is to apply for each period.
      3. (a) The report of the Committee on the Budget on a concurrent
    resolution described in clause 1 and the joint explanatory statement of
    the managers on a conference report to accompany such a concurrent
    resolution each shall contain a clear statement of the effect the
    eventual enactment of a joint resolution engrossed under this rule would
    have on the statutory limit on the public debt.
      (b) It shall not be in order for the House to consider a concurrent
    resolution described in clause 1, or a conference report thereon, unless
    the report of the Committee on the Budget or the joint explanatory
    statement of the managers complies with paragraph (a).
      4. Nothing in this rule shall be construed as limiting or otherwise
    affecting--

    [[Page [941]]]

          (a) the power of the House or the Senate to consider and pass
    bills or joint resolutions, without regard to the procedures under
    clause 1, that would change the statutory limit on the public debt; or
          (b) the rights of Members, Delegates, the Resident Commissioner,
    or committees with respect to the introduction, consideration, and
    reporting of such bills or joint resolutions.
      5. In this rule the term ``statutory limit on the public debt'' means
    the maximum face amount of obligations issued under authority of chapter
    31 of title 31, United States Code, and obligations guaranteed as to
    principal and interest by the United States (except such guaranteed
    obligations as may be held by the Secretary of the Treasury), as
    determined under section 3101(b) of such title after the application of
    section 3101(a) of such title, that may be outstanding at any one time.

      This rule was added in the 96th Congress by Public Law 96-78 (93 Stat.
    589) and was originally applicable to concurrent resolutions on the
    budget for fiscal years beginning on or after October 1, 1980 (fiscal
    1981). However, in the 96th Congress (H. Res. 642, Apr. 23, 1980, p.
    8800), the provisions of that public law amending the Rules of the House
    were made applicable to the third concurrent resolution on the budget
    for fiscal year 1980 as well as the first concurrent resolution on the
    budget for fiscal 1981 (H. Con. Res. 307, June 12, 1980, pp. 14505-19;
    see H.J. Res. 569 and H.J. Res. 570, June 13, 1980, p. 14609).
    Conforming changes were made in clauses 2 and 5 of this rule with the
    codification of title 31, United States Code, by Public Law 97-258 (96
    Stat. 1066). The rule was amended in the 98th Congress (H. Res. 241,
    June 23, 1983, p. 17162) to reflect the enactment into law (P.L. 98-34)
    of a new permanent, rather than temporary, debt limit. Clause 2 of the
    rule was rewritten, and clause 1 modified, to change the form of the
    joint resolution engrossed pursuant to the rule in order to delete
    references to a temporary debt limit and to reflect instead changes in a
    permanent debt limit. The rules change also provided that where a budget
    resolution contains more than one public debt limit

    [[Page [942]]]

    figure (for the current and the next fiscal year), only one joint
    resolution be engrossed, containing the debt limit figure for the
    current fiscal year with a time limitation, and the debt limit figure
    for the following fiscal year as the permanent limit. Another conforming
    change in clause 1 was made in the Balanced Budget and Emergency Deficit
    Control Act of 1985 (P.L. 99-177, Dec. 12, 1985, p. 36209) to delete
    reference to a second concurrent resolution on the budget (no longer
    required under section 310 of the Budget Act). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former rule XLIX. Recodification placed it as rule XXIII (H. Res. 5,
    Jan. 6, 1999, p. ----). The rule was repealed in the 107th Congress
    (sec. 2(s), H. Res. 5, Jan. 3, 2001, p. ----) and reinstated in the
    108th Congress (sec. 2(t), H. Res. 5, Jan. 7, 2003, p. ----).
      This rule was rendered inapplicable to a conference report on a
    concurrent resolution on the budget for fiscal year 2000 (H. Res. 131,
    Mar. 25, 1999, p. ----). The date of final House action in adopting the
    conference report on the concurrent resolution on the budget, rather
    than the date of final Senate action, when later, is the appropriate
    date under this rule for deeming the House to have passed the joint
    resolution (July 14, 1986, p. 16316; Speaker Wright, June 25, 1987, p.
    17424).

    [DOCID:hd284-141]
                                   Rule XXVIII

    [DOCID:hd284-142]
                               general provisions

      1. <> The provisions
    of law that constituted the Rules of the House at the end of the
    previous Congress shall govern the House in all cases to which they are
    applicable, and the rules of parliamentary practice comprised by
    Jefferson's Manual shall govern the House in all cases to which they are
    applicable and in which they are not inconsistent with the Rules and
    orders of the House.
      2. In these rules words importing the masculine gender include the
    feminine as well.

      Clause 1 was adopted in 1837 (V, 6757), and amended January 3, 1953,
    p. 24, when it was also renumbered. When the House recodified its rules
    in the 106th Congress, clause 1 was transferred from former rule XLII
    and was modified to reference all provisions of law comprising House
    rules at the end of the previous Congress (a compilation of which is
    included

    [[Page [943]]]

    in Sec. Sec. 1127-1130, infra); and clause 2 was added (H. Res. 5, Jan.
    6, 1999, p. ----). This rule was redesignated as rule XXVII in the 107th
    Congress (sec. 2(s), H. Res. 5, Jan. 3, 2001, p. ----) and redesignated
    as rule XXVIII in the 108th Congress (sec. 2(t), H. Res. 5, Jan. 7,
    2003, p. ----). Discussion of the importance of Jefferson's Manual as an
    authority in congressional procedure (VII, 1029, 1049; VIII, 2501, 2517,
    2518, 3330).

    [[Page [945]]]

    ========================================================================

    [DOCID:hd284-143]
                         LEGISLATIVE REORGANIZATION ACTS

    [DOCID:hd284-144]
                           JOINT AND SELECT COMMITTEES

    [DOCID:hd284-145]
                                  HOUSE OFFICES

    [DOCID:hd284-146]
                         EARLY ORGANIZATION OF THE HOUSE

    ========================================================================

    [[Page [947]]]

                         LEGISLATIVE REORGANIZATION ACTS

                                   __________

     provisions of the legislative reorganization act of 1946 applicable to
                                   both houses

    section 132 of the legislative reorganization act of 1946 (2 u.s.c. 198)

    Sec. 132. (a) <> Unless
    otherwise provided by the Congress, the two Houses shall--
              (1) adjourn sine die not later than July 31 of each year; or

              (2) in the case of an odd-numbered year, provide, not later
            than July 31 of such year, by concurrent resolution adopted in
            each House by rollcall vote, for the adjournment of the two
            Houses from that Friday in August which occurs at least thirty
            days before the first Monday in September (Labor Day) of such
            year to the second day after Labor Day.

      (b) This section shall not be applicable in any year if on July 31 of
    such year a state of war exists pursuant to a declaration of war by the
    Congress.

      The present form of this section is derived from the Legislative
    Reorganization Act of 1970 (sec. 461; 84 Stat. 1140). Prior to that
    revision, the 1946 Act (60 Stat. 812) provided for adjournment sine die
    of the two Houses not later than the last day of July each year except
    during time of war or a national emergency proclaimed by the President.
    Presidentially declared emergencies of May 8, 1939, May 27, 1941, and
    December 16, 1950, negated operation of the provision (see Speaker
    Rayburn, Aug. 1, 1949, p. 10486; Aug. 2, 1949, p. 10591; and Aug. 4,
    1949, p. 10778).
      The Committee on Rules has jurisdiction of matters relative to
    recesses and final adjournment of Congress (clause 1(m)(2) of rule X).

      Under <> this
    provision of law, a concurrent resolution providing in an odd-numbered
    year for an adjournment of the two Houses from the first Friday in
    August until the second day after Labor Day or until notified to
    reassemble pursuant to a joint agreement of the Leadership of the two
    Houses is called up as privileged and requires a yea and nay vote for
    adoption (July 30,

    [[Page [948]]]

    1973, p. 26657), and is not debatable (July 31, 1991, p. 20675); but the
    House may adjourn by simple motion on July 31 to meet on August 1 (July
    31, 1991, p. 20677). In even-numbered years, and some odd-numbered
    years, the House has agreed to concurrent resolutions waiving the
    provisions of this law to provide that the two Houses shall not adjourn
    for more than three days or sine die until they have adopted a
    concurrent resolution to that effect (July 25, 1972, p. 25145; July 24,
    1974, p. 25008; July 29, 1982, pp. 18562, 18563; July 30, 1986, p.
    18146; July 29, 1994, p. 18615; July 31, 1999, p. ----). To obviate the
    necessity to adopt a concurrent resolution waiving the requirement in
    section 132 of Legislative Reorganization Act of 1946, the House has
    included the language ``in consonance with section 132(a)'' in its
    concurrent resolutions providing for an August recess (e.g., July 31,
    1997, p. ----).

      section 141 of the legislative reorganization act of 1946 (2 u.s.c.
                                      145a)

      Sec. 141. The <> Librarian of the Library of Congress is authorized and
    directed to have bound at the end of each session of Congress the
    printed hearings of testimony taken by each committee of the Congress at
    the preceding session.

      This provision became effective on August 2, 1946.

    [[Page [949]]]

                           JOINT AND SELECT COMMITTEES

                                   __________

                                Joint Committees

      The Joint <> Economic
    Committee is composed of 10 Members of the Senate and 10 Members of the
    House. The 10 House Members are appointed by the Speaker: Six from the
    majority and four from the minority (15 U.S.C. 1024(a)). The 10 Senate
    Members are appointed by the President of the Senate: Five from the
    majority and five from the minority (for the duration of the 107th
    Congress so long as the majority and minority have equal representation)
    (P.L. 107-3). The committee conducts a continuing study of matters
    relating to the Economic Report made by the President and studies means
    of promoting the national policy on employment as outlined in the
    Employment Act of 1946 (15 U.S.C. 1021). The committee is required to
    file, not later than March 1 of each year, a report with the Senate and
    the House containing its findings and recommendations on each of the
    main recommendations made by the President in the Economic Report. It is
    authorized to hold hearings and make other reports to the Congress and
    to issue a monthly publication on economic conditions (15 U.S.C. 1024-
    1025). The Full Employment and Balanced Growth Act of 1978 (sec. 302,
    P.L. 95-523) requires the joint committee to review and analyze the
    short-term and medium-term goals set forth in the Economic Report and to
    hold hearings on the Report to hear testimony from Members of Congress
    and other groups. Within 30 days after receipt of the Report by the
    Congress, standing committees with legislative jurisdiction and joint
    committees may submit reports to the joint committee with views and
    recommendations on matters within their jurisdiction. On or before each
    March 15, a majority of the members of the joint committee are required
    to submit a report to the Senate and House Budget Committees, including
    findings, recommendations, and appropriate analyses with respect to each
    of the short-term and medium-term goals set forth in the Economic
    Report.

      The Joint <> Committee on Internal Revenue Taxation is composed of five
    Members of the Senate and five Members of the House. The House Members,
    three from the majority and two from the minority, are chosen by the
    Committee on Ways and Means from the membership of that committee. The
    joint committee investigates the operation and effects of the Federal
    system of internal revenue taxation. It is authorized to hold hear

    [[Page [950]]]

    ings at times and places it deems advisable, has subpoena powers, and
    reports to the Committee on Ways and Means, and, in its discretion,
    directly to the House (26 U.S.C. 8001-8023).

      The Joint <> Committee of Congress on the Library is composed of five
    Members of the Senate (the chairman and four members of the Committee on
    Rules and Administration) and six Members of the House. House membership
    consists of the chairman and four members of the Committee on House
    Administration (2 U.S.C. 132b) and the chairman of the Subcommittee on
    the Legislative Branch of the House Committee on Appropriations with
    respect to the financial management, organization, budget development
    and implementation, and program development and administration, as well
    as any other element of the mission of the Library of Congress which is
    subject to the requirements of Federal law (2 U.S.C. 132b (note)).

      The Joint <> Committee
    on Printing is composed of five Members of the Senate (the chairman and
    four members of the Committee on Rules and Administration) and five
    Members of the House (the chairman and four members of the Committee on
    House Administration) (44 U.S.C. 101). The committee adopts and employs
    measures necessary to remedy inefficiencies or waste in the public
    printing, binding, and distribution of Government publications. It has
    control of the arrangement and style of the Congressional Record (44
    U.S.C. 901-910). The joint committee is directed to provide for printing
    in the Record the legislative program for the day, together with a list
    of congressional committee meetings and hearings and the place of
    meeting and subject matter; and to cause a brief resume of congressional
    activities for the previous day to be incorporated in the Record,
    together with an index of its contents. Such data is prepared under the
    supervision of the Secretary of the Senate and the Clerk of the House of
    Representatives, respectively.

      The <> Joint Congressional Committee on Inaugural Ceremonies is
    established by concurrent resolution in the second session of the
    Congress occurring before a Presidential inauguration and reestablished
    at the beginning of the next Congress. It is composed of three Members
    of both the Senate and the House. The three House Members are appointed
    by the Speaker and are traditionally the Speaker, the Majority Leader,
    and the Minority Leader. The committee is authorized to make the
    necessary arrangements for the inauguration of the President-elect and
    Vice President-elect. (see, e.g., S. Con. Res. 47, 104th Cong., Aug. 2,
    1996, p. 21405; S. Con. Res. 2, 105th Cong., Jan. 7, 1997, p. 143; S.
    Con. Res. 89, 106th Cong., Mar. 14, 2000, p. ----; S. Con. Res. 2, 107th
    Cong., Jan. 3, 2001, p. ----).

    [[Page [951]]]

                                Select Committees

      The <> 103d Congress, and each
    succeeding Congress, did not reestablish Select Committees on Hunger, on
    Children, Youth, and Families, on Narcotics Abuse and Control, or on
    Aging (formerly established in standing rule X). The Permanent Select
    Committee on Intelligence has been reestablished by the adoption of
    clause 11 of rule X each Congress.
      In the 107th Congress the House established a Select Committee on
    Homeland Security (H. Res. 449, June 19, 2002, p. ----). Its mission was
    to develop recommendations on such matters that relate to the
    establishment of a department of homeland security as may be referred to
    it by the Speaker and on recommendations submitted to it by standing
    committees to which the Speaker referred a bill establishing the
    department and to report its recommendation to the House on such bill.
    It was terminated after final disposition of the specified bill (Nov.
    25, 2002, p. ----). In the 108th Congress the House reestablished a
    Select Committee on Homeland Security (sec. 4, H. Res. 5, Jan. 7, 2003,
    p. ----). Its mission is to develop recommendations on such matters that
    relate to the Homeland Security Act of 2002 (P.L. 107-296) as may be
    referred to it by the Speaker; to conduct oversight of laws, programs,
    and Government activities relating to homeland security; to conduct a
    study of the operation and implementation of the rules of the House,
    including rule X, with respect to homeland security; and to report its
    recommendations to the House by bill or otherwise on matters referred to
    it by the Speaker and to report its recommendations on changes to House
    rules to the Committee on Rules by Sept. 30, 2004.
      In the 105th Congress a new subparagraph (3) was added at the end of
    former clause 4(e) of rule X to establish a Select Committee on Ethics
    only to resolve an inquiry originally undertaken by the standing
    Committee on Standards of Official Conduct in the 104th Congress (H.
    Res. 5, Jan. 7, 1997, p. 121). The Select Committee filed one report to
    the House (H. Rept. 105-1, H. Res. 31, Jan. 21, 1997, p. 393).
      In the 105th Congress the House adopted a resolution establishing the
    Select Committee on U.S. National Security and Military/Commercial
    Concerns With the People's Republic of China (H. Res. 463, June 18,
    1998, p. ----). In the 106th Congress the Select Committee was
    reestablished until April 1, 1999, solely for the purpose of completing
    activities directly associated with the declassification and public
    release of its report (sec. 2, H. Res. 5, Jan. 6, 1999, p. ----). It was
    extended for the same purposes to April 30, 1999 (H. Res. 129, Mar. 24,
    1999, p. ----), to May 14, 1999 (H. Res. 153, Apr. 29, 1999, p. ----),
    and to May 31, 1999 (H. Res. 170, May 13, 1999, p. ----). The House gave
    the select committee the authority to dispose of its records consistent
    with the rules and laws concerning classified information (sec. 2(f)(3),
    H. Res. 5, Jan. 6, 1999, p. ----). Pursuant to that authority the Select
    Committee transferred its records to the Clerk

    [[Page [952]]]

    and instructed the Clerk to grant access to those records only with the
    approval of the chairman and ranking minority member of the former
    Select Committee (so long as each remains a Member) and, thereafter,
    with the approval of the Permanent Select Committee on Intelligence.
      For a history of select committees in the House, see House Practice,
    ch. 11, Sec. Sec. 12, 13.

    [[Page [953]]]

                         HOUSE AND CONGRESSIONAL OFFICES

                                   __________

      Members may <> send through the mails, under their frank, certain
    documents and materials as provided by 39 U.S.C. 3210, subject to the
    limitations prescribed in rule XXIV, supra. The House Commission on
    Congressional Mailing Standards, composed of six Members of the House,
    provides advice in connection with the mailing of franked mail (sec. 5,
    P.L. 93-191).

      Rooms in the <> House Office Buildings are assigned to Members pursuant to
    the law of May 28, 1908 (40 U.S.C. 177-184) and pursuant to regulations
    of the House Office Building Commission (see regulations promulgated
    Oct. 7, 1996). The commission also issues regulations governing the
    House Office Buildings, House garages, and the Capitol Power Plant (see
    regulations promulgated December, 1995). The commission is composed of
    the Speaker and two Members of the House (traditionally the Majority and
    Minority Leaders) (40 U.S.C. 175).

      The preparation, <> utilization, and distribution (to committees and Members) of
    reports by the General Accounting Office, and its authority to assign
    its employees to duty with congressional committees, are regulated by
    the Legislative Reorganization Act of 1970, Sec. Sec. 231-236 (84 Stat.
    1140; 31 U.S.C. 1172-1176).

      The Office <> of Compliance
    was established by the Congressional Accountability Act of 1995 (2
    U.S.C. 1381). The office is composed of five individuals appointed
    jointly by the Speaker, the Majority Leader of the Senate, and the
    Minority Leaders of the House and the Senate. The office has regulatory,
    enforcement, and educational responsibilities under the Act. The office
    replaced the Review Panel of the Office of Fair Employment Practices at
    the beginning of the 105th Congress (see Sec. 1101, supra). However, the
    review panel was reconstituted in the same form as at the end of the
    104th Congress to provide for the completion of ongoing proceedings in
    the 105th Congress (Feb. 25, 1997, p. ----). Section 1382 provides for a
    General Counsel to be appointed by the Chair of the Compliance Board to
    exercise the authorities of the Office of Compliance.

    [[Page [954]]]

      The organization <> of the Congressional Research Service of the Library of
    Congress and its responsibilities to assist Members and committees were
    provided in the Legislative Reorganization Acts of 1946 and 1970 (60
    Stat. 836; 84 Stat. 1140; 2 U.S.C. 166).

      The Office of <> the
    Legislative Counsel of the House of Representatives evolved from a
    single Legislative Drafting Service established for the Congress by the
    Act of February 24, 1919 (40 Stat. 1057, 1141). The currently applicable
    provisions of law setting forth the purpose and functions of the Office
    and providing for its administration are contained in title V of the
    Legislative Reorganization Act of 1970 (P.L. 91-510; 2 U.S.C. 281) as
    amended by the Legislative Branch Appropriation Act, 1972 (P.L. 92-51).
    As stated in section 502 of such title V, the purpose of the Office is
    to advise and assist the House of Representatives, and its committees
    and Members, in the achievement of a clear, faithful, and coherent
    expression of legislative policies.

      The Congressional <> Budget Office was established by the Congressional Budget Act
    of 1974 (2 U.S.C. 601). The office is headed by a director, who is
    appointed by the Speaker and the President pro tempore. Section 202 of
    the Act (2 U.S.C. 602) outlines the functions of the office, which
    include providing assistance to the House and Senate Committees on the
    Budget and Appropriations and the Senate Committee on Finance in the
    discharge of matters within their jurisdiction and to other committees
    to assist them in complying with the provisions of the Act.

      The Office <> of the Law
    Revision Counsel, to develop a codification of the laws of the United
    States, was authorized in the 93d Congress by the Committee Reform
    Amendments of 1974 (sec. 205, H. Res. 988, Oct. 8, 1974, p. 34470, made
    permanent law by P.L. 93-544 (2 U.S.C. 285)).

      The Office <> of Technology
    Assessment, to assist the Congress in indicating the beneficial and
    adverse impacts of the application of technology, was authorized by the
    Technology Assessment Act of 1971 (2 U.S.C. 472). The office received
    funding for 1996 to conduct an orderly shutdown (tit. I, P.L. 104-53)
    and has not received any funding since then.

      A Parliamentarian <> has been appointed by the Speaker in every Congress
    since 1927. Prior to 1927 the ``Clerk at the Speaker's Table'' performed
    the function of the Parliamentarian. In the 95th Congress the House
    formally and permanently established an Office of the Parliamentarian to
    be managed, supervised, and administered by a nonpartisan
    Parliamentarian appointed by the Speaker (H. Res. 502, Apr. 20, 1977, p.
    11415, made permanent law by sec. 115 of P.L. 95-94; see 2 U.S.C. 287).
    The compilation and prepara

    [[Page [955]]]

    tion of the precedents of the House of Representatives were authorized
    in the 93d Congress by the Committee Reform Amendments of 1974 (sec.
    208, H. Res. 988, Oct. 8, 1974, p. 34470, made permanent law by P.L. 93-
    554, 2 U.S.C. 28a), and the printing and distribution of the precedents
    were authorized by Public Law 94-551 (2 U.S.C. 28b-e). See also 2 U.S.C.
    28, 29.

      At its organization <> the 104th Congress established an office to assist the
    Speaker in the management of legislative activity on the floor of the
    House (Sec. 223(b), H. Res. 6, 104th Cong., Jan. 4, 1995, p. 469,
    enacted into permanent law by the Legislative Branch Appropriations Act,
    1996 (sec. 103, P.L. 104-53)).

      In the <> 105th
    Congress the House established a Corrections Calendar Office to assist
    the Speaker in his management of the Calendar (H. Res. 7, 105th Cong.,
    Jan. 7, 1997, as enacted into permanent law by sec. 101 of the
    Legislative Branch Appropriations Act, 1998 (2 U.S.C. 74d)).

      The House <> Recording
    Studio was established by the Legislative Branch Appropriations Act,
    1957 (2 U.S.C. 123b) and provides Members with audio and video recording
    services. The studio is under the direction and control of the Committee
    on the House Recording Studio, which consists of three members appointed
    by the Speaker.

      The United <> States Capitol Preservation Commission was established in
    1988 (40 U.S.C. 188a) to provide improvements in, preservation of, and
    acquisitions for the Capitol and to provide works of fine art and other
    property for display in the Capitol. In the 106th Congress the
    Commission was given responsibility for the planning, engineering,
    design, and construction of the Capitol Visitor Center (sec. 310,
    Legislative Branch Appropriations Act, 2000). Membership on the
    Commission consists of the Speaker, the President pro tempore (co-
    chairmen), the chairman and vice chairman of the Joint Committee on the
    Library, the chairmen and ranking minority members of the Committee on
    Rules and Administration and the Committee on House Administration, the
    Majority and Minority Leaders of the House and Senate, the chairmen of
    the Commission on the Bicentennial of the Senate and the Commission of
    the House of Representatives Bicentenary, two Members of the Senate, and
    two Members of the House.
      The General <> Counsel
    appointed under clause 8 of rule II is authorized by law to appear in
    any proceeding before a State or Federal court (except the United States
    Supreme Court) without compliance with admission requirements of such
    court (2 U.S.C. 130f(a)). Furthermore, the law requires the Attorney
    General to notify the General Counsel of its determination not to appeal
    a court decision affecting the constitutionality of an Act (2 U.S.C
    130f(b)).

    [[Page [956]]]

      This Office <> is responsible for mitigation and
    preparedness operations, crisis management and response, resource
    services, and recovery operations (2 U.S.C. 130i). The Speaker, in
    consultation with the Minority Leader, provides policy direction for,
    and oversight of, the Office. The Speaker may request the head of any
    Federal department or agency to detail to the Office, on a reimbursable
    basis, any of the personnel of the department or agency. The day-to-day
    operations of the Office are carried out by the Director, under the
    supervision of a Board, known as the House of Representatives Continuity
    of Operations Board, comprising the Clerk, the Sergeant-at-Arms, and the
    Chief Administrative Officer. The Clerk is the Chairman of the Board.

    [[Page [957]]]

                         EARLY ORGANIZATION OF THE HOUSE

                                   __________

     [from the committee reform amendments of 1974, made permanent law in 2
                                   u.s.c. 29a]

      (a)(1) The <> majority leader or
    minority leader of the House of Representatives after consultation with
    the Speaker may at any time during any even-numbered year call a caucus
    or conference, to begin on or after the first day of December and
    conclude on or before the twentieth day of December in such year and to
    be attended by all incumbent Members of his or her political party who
    have been reelected to the ensuing Congress and all other Members-elect
    of such party, for the purpose of taking all steps necessary to achieve
    the prompt organization of the Members and Members-elect of such party
    for the ensuing Congress.

      (2) If the majority leader or minority leader calls an organizational
    caucus or conference under paragraph (1), he or she shall file with the
    Clerk of the House a written notice designating the date upon which the
    caucus or conference is to convene. As soon as possible after the
    election of Members to the ensuing Congress, the Clerk shall furnish
    each Member-elect of the party involved with appropriate written
    notification of the caucus or conference.

      (3) If a vacancy occurs in the office of majority leader or minority
    leader during any even-numbered year (and has not been filled), the
    chairman of the caucus or conference of the party involved for the
    current Congress may call an organizational caucus or conference under
    paragraph (1) by filing written notice thereof as provided by paragraph
    (2).

      (b)(1)(A) Each Member-elect (other than an incumbent Member reelected
    to the ensuing Congress) who attends a caucus or conference called under
    subsection (a), and each incumbent Member reelected to the ensuing
    Congress who attends any such caucus or conference convening after the
    adjournment sine die of the Congress in the year involved, shall be paid
    for one round trip between his or her place

    [[Page [958]]]

    of residence in the district which he or she represents and Washington,
    District of Columbia, for the purpose of attending such caucus or
    conference. Payment shall be made through the issuance of a
    transportation request form to each such Member-elect or incumbent
    Member by the Finance Office of the House before such caucus or
    conference.

      (B) Each Member-elect (other than an incumbent Member reelected to the
    ensuing Congress) who attends a caucus or conference called under
    subsection (a) shall in addition be reimbursed on a per diem or other
    basis for expenses incurred in connection with his or her attendance at
    such caucus or conference for a period not to exceed the shorter of the
    following--
              (i) the period beginning with the day before the designated
            date upon which such caucus or conference is to convene and
            ending with the day after the date of the final adjournment of
            such caucus or conference; or
              (ii) fourteen days.

      (2) Payments and reimbursements to Members-elect under paragraph (1)
    shall be made as provided (with respect to Members) in the regulations
    prescribed by the Committee on House Administration with respect to
    travel and other expenses of committees and Members. Reimbursements
    shall be paid on special voucher forms prescribed by the Committee on
    House Administration.

      (c) The contingent fund of the House is made available to carry out
    the purposes of this section.

      [from h. res. 10, 94th congress, made permanent law in 2 u.s.c. 29a]

      Resolved, That (a) each Member-elect (other than an incumbent Member
    reelected to the ensuing Congress) who attends a caucus or conference
    called under section 202(a) of House Resolution 988, 93d Congress, and
    each incumbent Member reelected to the ensuing Congress who attends any
    such caucus or conference convening after the adjournment sine die of
    the Congress in the year involved, shall be entitled to designate one
    staff person to be paid for one round trip between that person's place
    of residence, provided such place of residence is in the district which
    the Member-elect or incumbent Member represents, and Washington,
    District of Columbia, for the purpose of accompanying that Member-elect
    or incumbent Member to such caucus or conference.

    [[Page [959]]]

      (b) Each Member-elect (other than an incumbent Member reelected to the
    ensuing Congress) who attends a caucus or conference called under such
    section 202(a) shall be entitled to designate one staff person who shall
    in addition be reimbursed on a per diem or other basis for expenses
    incurred in accompanying the Member-elect at the time of such caucus or
    conference for a period not to exceed the shorter of the following--
              (i) the period beginning with the day before the designated
            date upon which such caucus or conference is to convene and
            ending with the day after the date of the final adjournment of
            such caucus or conference; or
              (ii) fourteen days.

      Sec. 2. (a) Payments and reimbursements to staff persons under the
    first section of this resolution shall be made as provided (with respect
    to staff) in the regulations prescribed by the Committee on House
    Administration with respect to travel and other expenses of staff.
    Reimbursements shall be paid on special voucher forms prescribed by the
    Committee on House Administration.

      (b) Additional funds, if any, for staff allowances and office space
    for use by Members-elect (other than an incumbent Member reelected to
    the ensuing Congress) shall be authorized by the Committee on House
    Administration.

      In the 107th Congress the House adopted a resolution providing for the
    convening of an organizational caucus or conference for the 108th
    Congress on or after November 1, 2002 (H. Res. 590, Nov. 3, 2000, p. --
    --).

    [[Page [961]]]

    ========================================================================

    [DOCID:hd284-147]
                            CONGRESSIONAL BUDGET ACT

    [DOCID:hd284-148]
                             BUDGET ENFORCEMENT ACT

    ========================================================================

    [[Page [963]]]

                                                                   Sec. 1127

                            CONGRESSIONAL BUDGET ACT

                                   __________

    excerpts relating to legislative procedure from the congressional budget
                       act of 1974 (2 u.s.c. 601 et seq.)

                             declaration of purposes

      Sec. 2. The Congress declares that it is essential--
              (1) to assure effective congressional control over the
            budgetary process;
              (2) to provide for the congressional determination each year
            of the appropriate level of Federal revenues and expenditures;
              (3) to provide a system of impoundment control;
              (4) to establish national budget priorities; and
              (5) to provide for the furnishing of information by the
            executive branch in a manner that will assist the Congress in
            discharging its duties.

                                   definitions

      Sec. 3. In General.--For purposes of this Act--
      (1) The terms ``budget outlays'' and ``outlays'' mean, with respect to
    any fiscal year, expenditures and net lending of funds under budget
    authority during such year.
      (2) Budget authority and new budget authority.--
              (A) In general.--The term ``budget authority'' means the
            authority provided by Federal law to incur financial
            obligations, as follows:
                      (i) provisions of law that make funds available for
                    obligation and expenditure (other than borrowing
                    authority), including the authority to obligate and
                    expend the proceeds of offsetting receipts and
                    collections;
                      (ii) borrowing authority, which means authority
                    granted to a Federal entity to borrow and obligate and
                    expend the borrowed funds, including through the
                    issuance of promissory notes or other monetary credits;

    [[Page [964]]]

                      (iii) contract authority, which means the making of
                    funds available for obligation but not for expenditure;
                    and
                      (iv) offsetting receipts and collections as negative
                    budget authority, and the reduction thereof as positive
                    budget authority.
              (B) Limitations on budget authority.--With respect to the
            Federal Hospital Insurance Trust Fund, the Supplementary Medical
            Insurance Trust Fund, the Unemployment Trust Fund, and the
            railroad retirement account, any amount that is precluded from
            obligation in a fiscal year by a provision of law (such as a
            limitation or a benefit formula) shall not be budget authority
            in that year.
              (C) New budget authority.--The term ``new budget authority''
            means, with respect to a fiscal year--
                      (i) budget authority that first becomes available for
                    obligation in that year, including budget authority that
                    becomes available in that year as a result of a
                    reappropriation; or
                      (ii) a change in any account in the availability of
                    unobligated balances of budget authority carried over
                    from a prior year, resulting from a provision of law
                    first effective in that year;
            and includes a change in the estimated level of new budget
            authority provided in indefinite amounts by existing law.
      (3) The term ``tax expenditures'' means those revenue losses
    attributable to provisions of the Federal tax laws which allow a special
    exclusion, exemption, or deduction from gross income or which provide a
    special credit, a preferential rate of tax, or a deferral of tax
    liability, and the term ``tax expenditures budget'' means an enumeration
    of such tax expenditures.
      (4) The term ``concurrent resolution on the budget'' means--
              (A) a concurrent resolution setting forth the congressional
            budget for the United States Government for a fiscal year as
            provided in section 301; and
              (B) any other concurrent resolution revising the congressional
            budget for the United States Government for a fiscal year as
            described in section 304.
      (5) The term ``appropriation Act'' means an Act referred to in section
    105 of title 1, United States Code.

    [[Page [965]]]

      (6) The term ``deficit'' means, with respect to a fiscal year, the
    amount by which outlays exceeds receipts during that year.
      (7) The term ``surplus'' means, with respect to a fiscal year, the
    amount by which receipts exceeds outlays during that year.
      (8) The term ``government-sponsored enterprise'' means a corporate
    entity created by a law of the United States that--
              (A)(i) has a Federal charter authorized by law;
              (ii) is privately owned, as evidenced by capital stock owned
            by private entities or individuals;
              (iii) is under the direction of a board of directors, a
            majority of which is elected by private owners;
              (iv) is a financial institution with power to--
                      (I) make loans or loan guarantees for limited purposes
                    such as to provide credit for specific borrowers or one
                    sector; and
                      (II) raise funds by borrowing (which does not carry
                    the full faith and credit of the Federal Government) or
                    to guarantee the debt of others in unlimited amounts;
                    and
              (B)(i) does not exercise powers that are reserved to the
            Government as sovereign (such as the power to tax or to regulate
            interstate commerce);
              (ii) does not have the power to commit the Government
            financially (but it may be a recipient of a loan guarantee
            commitment made by the Government); and
              (iii) has employees whose salaries and expenses are paid by
            the enterprise and are not Federal employees subject to title 5
            of the United States Code.
      (9) The term ``entitlement authority'' means--
              (A) the authority to make payments (including loans and
            grants), the budget authority for which is not provided for in
            advance by appropriation Acts, to any person or government if,
            under the provisions of the law containing that authority, the
            United States is obligated to make such payments to persons or
            governments who meet the requirements established by that law;
            and
              (B) the food stamp program.
      (10) The term ``credit authority'' means authority to incur direct
    loan obligations or to incur primary loan guarantee commitments.

    [[Page [966]]]

      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) modified
    paragraphs (2) and (6) of this section and added new paragraphs (7) and
    (8). Two separate sections of the 1990 Act amended paragraph (2).
    Section 13201 added a new sentence at the end of the paragraph. Section
    13211 rewrote the paragraph entirely, effective for fiscal years after
    1991. The text depicted here attempts to harmonize the two; but see 2
    U.S.C. 622(2). The Balanced Budget and Emergency Deficit Control Act of
    1985 (tit. II of P.L. 99-177) added paragraphs (9) and (10). The Budget
    Enforcement Act of 1997 (sec. 10101 of P.L. 105-33) amended the
    definition of ``entitlement authority'' in paragraph (9) in conjunction
    with amendments to section 401.
      Amounts of liquidating cash provided in the Department of
    Transportation Appropriations bill are not new budget authority within
    the meaning of this section, but are merely funds to liquidate
    contractual obligations previously incurred pursuant to new
    discretionary contract authority previously reported from and scored
    against allocations to the Committee on Public Works and Transportation
    (now Transportation and Infrastructure) as the authority to enter into
    obligations that will result in immediate or future outlays (July 30,
    1986, p. 18154).
    * * * * *

                     TITLE III--CONGRESSIONAL BUDGET PROCESS

                                    timetable

      Sec. 300. The timetable with respect to the congressional budget
    process for any fiscal year is as follows:

                     On or before:                   Action to be completed:

    First Monday in February......................  President submits his
                                                     budget.
    February 15...................................  Congressional Budget
                                                     Office submits report
                                                     to Budget Committees.
    Not later than 6 weeks after President submits  Committees submit views
     budget.                                         and estimates to Budget
                                                     Committees.
    April 1.......................................  Senate Budget Committee
                                                     reports concurrent
                                                     resolution on the
                                                     budget.
    April 15......................................  Congress completes
                                                     action on concurrent
                                                     resolution on the
                                                     budget.
    May 15........................................  Annual appropriation
                                                     bills may be considered
                                                     in the House.
    June 10.......................................  House Appropriations
                                                     Committee reports last
                                                     annual appropriation
                                                     bill.

    [[Page [967]]]

    June 15.......................................  Congress completes
                                                     action on
                                                     reconciliation
                                                     legislation.
    June 30.......................................  House completes action
                                                     on annual appropriation
                                                     bills.
    October 1.....................................  Fiscal year begins.

    The date for committees' submissions of views and estimates was
    amended by the Budget Enforcement Act of 1997 (sec. 10104, P.L. 105-33).

             annual adoption of concurrent resolution on the budget

      Sec. 301. (a) Content of Concurrent Resolution on the Budget.--On or
    before April 15 of each year, the Congress shall complete action on a
    concurrent resolution on the budget for the fiscal year beginning on
    October 1 of such year. The concurrent resolution shall set forth
    appropriate levels for the fiscal year beginning on October 1 of such
    year and for at least each of the 4 ensuing fiscal years for the
    following--
              (1) totals of new budget authority and outlays;
              (2) total Federal revenues and the amount, if any, by which
            the aggregate level of Federal revenues should be increased or
            decreased by bills and resolutions to be reported by the
            appropriate committees;
              (3) the surplus or deficit in the budget;
              (4) new budget authority and outlays for each major functional
            category, based on allocations of the total levels set forth
            pursuant to paragraph (1);
              (5) the public debt;
              (6) for purposes of Senate enforcement under this title,
            outlays of the old-age, survivors, and disability insurance
            program established under title II of the Social Security Act
            for the fiscal year of the resolution and for each of the 4
            succeeding fiscal years; and
              (7) for purposes of Senate enforcement under this title,
            revenues of the old-age, survivors, and disability insurance
            program established under title II of the Social Security Act
            (and the related provisions of the Internal Revenue Code of
            1986) for the fiscal year of the resolution and for each of the
            4 succeeding fiscal years.
    The concurrent resolution shall not include the outlays and revenue
    totals of the old age, survivors, and disability insurance program
    established under title II of the Social

    [[Page [968]]]

    Security Act or the related provisions of the Internal Revenue Code of
    1986 in the surplus or deficit totals required by this subsection or in
    any other surplus or deficit totals required by this title.

      (b) Additional Matters in Concurrent Resolution.--The concurrent
    resolution on the budget may--
              (1) set forth, if required by subsection (f), the calendar
            year in which, in the opinion of the Congress, the goals for
            reducing unemployment set forth in section 4(b) of the
            Employment Act of 1946 should be achieved;
              (2) include reconciliation directives described in section
            310;
              (3) require a procedure under which all or certain bills or
            resolutions providing new budget authority or new entitlement
            authority for such fiscal year shall not be enrolled until the
            Congress has completed action on any reconciliation bill or
            reconciliation resolution or both required by such concurrent
            resolution to be reported in accordance with section 310(b);
              (4) set forth such other matters, and require such other
            procedures, relating to the budget, as may be appropriate to
            carry out the purposes of this Act;
              (5) include a heading entitled ``Debt Increase as Measure of
            Deficit'' in which the concurrent resolution shall set forth the
            amounts by which the debt subject to limit (in section 3101 of
            title 31 of the United States Code) has increased or would
            increase in each of the relevant fiscal years;
              (6) include a heading entitled ``Display of Federal Retirement
            Trust Fund Balances'' in which the concurrent resolution shall
            set forth the balances of the Federal retirement trust funds;
              (7) set forth procedures in the Senate whereby committee
            allocations, aggregates, and other levels can be revised for
            legislation if that legislation would not increase the deficit,
            or would not increase the deficit when taken with other
            legislation enacted after the adoption of the resolution, for
            the first fiscal year or the total period of fiscal years
            covered by the resolution;
              (8) set forth procedures to effectuate pay-as-you-go in the
            House of Representatives; and
              (9) set forth direct loan obligation and primary loan
            guarantee commitment levels.

    [[Page [969]]]

      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) added
    paragraphs (6) and (7) and a new last sentence to subsection (a), added
    paragraphs (5)-(8) to subsection (b), and added erstwhile section 606
    (repealed by the Budget Enforcement Act of 1997 (sec. 10118, P.L. 105-
    33)), requiring that a concurrent resolution on the budget set forth
    appropriate levels for five fiscal years for the matters described in
    subsection (a). Title III had previously been comprehensively amended by
    the Balanced Budget and Emergency Deficit Control Act of 1985 (tit. II,
    P.L. 99-177). Sections 301(a) and 301(b) were amended by the Budget
    Enforcement Act of 1997 (sec. 10105, P.L. 105-33) to extend the
    requirement that the term of budget resolutions be at least five years
    and to eliminate the requirement that budget resolutions contain direct
    loan and loan guarantee levels.
      The prescribed content of a concurrent resolution on the budget under
    the prior version of section 301 evolved over time. Pursuant to the
    authority to include other ``appropriate procedures'' under then section
    301(b)(2) of the Budget Act, the first concurrent resolution on the
    budget for fiscal year 1981 (which also contained the third concurrent
    resolution on the budget for fiscal year 1980, budget targets for fiscal
    years 1981 and 1983, and other related matters) contained new provisions
    directing House and Senate committees to report to their respective
    Budget Committees reconciliation legislation reducing spending for
    fiscal year 1981 (H. Con. Res. 307, 96th Cong.). Before the repeal of
    former rule XXIII in the 107th Congress, the final adoption of that
    concurrent resolution had the effect of triggering the automatic
    engrossment of a joint resolution setting the public debt limit (see
    Sec. 1094, supra). The first concurrent resolution on the budget for
    fiscal year 1982, in addition to other new ``appropriate procedures,''
    included in its reconciliation instructions directions to several House
    and Senate committees to report reductions in both entitlement spending
    authority and discretionary authorization programs sufficient to reduce
    budget authority and outlays separately for each of three fiscal years,
    and included a ``deferred enrollment'' procedure relating to bills
    containing new budget authority and entitlement spending authority in
    excess of allocations to committees (H. Con. Res. 115, 97th Cong.). The
    first concurrent resolution on the budget for fiscal year 1983, in
    addition to other new ``appropriate procedures,'' included a binding
    Federal credit budget for two fiscal years, containing not only
    aggregate and functional category targets for new direct loan
    obligations and new primary and secondary loan guarantee commitments,
    but also (1) prohibiting consideration of bills authorizing new loan
    obligations or new loan guarantee commitments not subject to the
    appropriations process with certain exceptions (now section 402(a)), and
    (2) establishing a ceiling on total new direct loan obligations and new
    primary or secondary loan guarantee commitments for the ensuing fiscal
    year upon adoption of the second concurrent resolution on the budget for
    that year (similar to the section 311 ceiling for direct budget
    authority). Also included was a prohibition against consideration in
    either House of measures providing new budget or entitlement authority
    until

    [[Page [970]]]

    the reporting committee filed a report in the House concerning its
    section 302(b) allocation (now section 302(c)) and a direction that if a
    second concurrent resolution on the budget for fiscal 1983 was not
    finally adopted by October 1, then the aggregate amounts in that first
    concurrent resolution would become the spending ceilings and revenue
    floor for the purposes of section 311 (S. Con. Res. 92, 97th Cong.). The
    first concurrent resolution on the budget for fiscal year 1984 likewise
    contained the latter provision, but also provided that a point of order
    under section 311 of the Budget Act would not apply if spending
    contained in a bill remained within the reporting committee's
    discretionary allocation under section 302 (a similar exception is now
    section 311(b)). The 1984 resolution also contained a new provision
    reserving specific amounts of budget authority and outlays for
    subsequent allocation to committees by the Committee on the Budget (H.
    Con. Res. 91, 98th Cong.; see also Mar. 6, 1984, p. 4621, for a
    statement by Speaker O'Neill describing the operation and effect of the
    latter provision). The first concurrent resolution on the budget for
    fiscal year 1985 included a similar provision that it be treated as the
    second budget resolution for that year on October 1, 1984, for the
    purposes of the section 311 spending ceilings and revenue levels, but
    that a point of order not apply where the committee in question had not
    exceeded its section 302(a) allocations. The resolution also provided
    that legislation providing budget authority, entitlement authority, or
    credit authority not be considered until the reporting committee filed
    the requisite report concerning its section 302(b) allocations (H. Con.
    Res. 280, 98th Cong.).
      In 1986, the first concurrent resolution on the budget since the
    enactment of the Balanced Budget and Emergency Deficit Control Act of
    1985 (P.L. 99-177), the recommended deficit level for the ensuing fiscal
    year 1987 was below the maximum deficit amount as then specified, thus
    permitting consideration of the conference reported amendment in
    disagreement pursuant to then section 301(i) without a waiver by three-
    fifths vote in either House (June 26, 1986, p. 15740). That concurrent
    resolution also contained a ``contingency fund'' for deficit reduction
    and unmet critical needs, additional general revenue-sharing funding
    beyond levels contained therein if deficits were not increased and
    authorization enacted, and a provision authorizing a report to be filed
    by the chairman of the House Budget Committee by a date certain to be
    printed and to constitute allocations of new budget authority and
    outlays required by section 302(a) (where the conferees did not have
    time to prepare allocations prior to filing of the conference report).
      The concurrent resolution on the budget for fiscal years 1988-1990
    contained a provision permitting the first concurrent resolution to
    ``become'' a second binding concurrent resolution only at the beginning
    of the fiscal year. It also contained a provision encouraging sales of
    Government assets to non-Government buyers but providing that amounts
    realized not be treated as revenues, receipts, or negative outlays for
    purposes of specified budget enforcement and scorekeeping procedures (H.
    Con. Res. 93, 100th

    [[Page [971]]]

    Cong.). The concurrent resolutions on the budget for fiscal years 1989-
    1991 and for fiscal years 1990-1992, respectively, each contained a
    section stating that, for purposes of allocations and points of order
    under section 302, amounts realized from asset sales and prepayments of
    loans would not be allocated or scored as affecting budget authority or
    outlays (H. Con. Res. 268, 100th Cong.; H. Con. Res. 106, 101st Cong.).
    The concurrent resolution on the budget for fiscal years 1989-1991 also
    contained a section providing for a subsequent allocation of budget
    authority and outlays for fiscal year 1989 upon the reporting by
    appropriate committees of an anti-drug initiative (H. Con. Res. 268,
    101st Cong.). The concurrent resolution on the budget for fiscal years
    1995-1999 included provisions (1) adjusting allocations of budget
    authority, new entitlement authority, and outlays and adjusting total
    levels of budget authority, outlays, and revenues for health care reform
    in the House (within a maximum aggregate deficit for fiscal years 1995-
    1999), and (2) adjusting committee allocations, budget aggregates, and
    the maximum deficit amount contingent on certain IRS compliance
    initiatives (H. Con. Res. 218, 102d Cong.). The concurrent resolution on
    the budget for fiscal years 1996-2002 established a budget surplus
    allowance contemplating tax reductions only as part of a legislative
    package producing a balanced budget by fiscal year 2002; corrected a
    disparity that had arisen under the Federal Credit Reform Act of 1990
    for the scoring of student loans; and established a process for
    certifying a balanced budget before the House could consider a
    reconciliation bill reducing taxes (H. Con. Res. 67, 103d Cong.). The
    concurrent resolution on the budget for fiscal year 1997 included
    reconciliation instructions that contemplated several bills to reduce
    revenues but that did not thereby reduce the deficit (H. Con. Res. 178,
    104th Cong.).
      The concurrent resolutions on the budget for fiscal years 2000 and
    2001 included a point of order against consideration in the House or
    Senate of a concurrent resolution on the budget for the next fiscal
    year, or any amendment thereto or conference report thereon, that sets
    forth a deficit for any fiscal year (as determined by the Budget
    Committee) (sec. 201, H. Con. Res. 68, 106th Cong.; sec. 201, H. Con.
    Res. 290, 106th Cong.).
      The concurrent resolution on the budget for fiscal year 2001 also
    included points of order against consideration in the House of a
    reported bill or joint resolution, or any amendment thereto or
    conference report thereon: (1) that would cause a surplus for fiscal
    year 2001 to be less than the level established in the resolution; (2)
    that, until January 1, 2001, contains a directed scorekeeping provision;
    or (3) that, until January 1, 2001, would cause the total level of
    discretionary advance appropriations provided for fiscal years after
    2001 to exceed a set amount (secs. 202, 203, H. Con. Res. 290, 106th
    Cong.). The point of order against advance appropriations was also
    carried in the budget resolution for fiscal year 2002 (sec. 201, H. Con.
    Res. 83, 107th Cong.), in the budget resolution deemed in place for
    fiscal year 2003 (sec. 301, H. Con. Res. 353, 107th Cong., deemed in
    place by H. Res. 427, 107th Cong., May 22, 2002, p. ----, and by sec.

    [[Page [972]]]

    3(a)(4), H. Res. 5, 108th Cong., Jan. 7, 2003, p. ----), and in the
    budget resolution for fiscal year 2004 (sec. 501, H. Con. Res. 95, 108th
    Cong.).
      The concurrent resolution on the budget for fiscal year 2004 provided
    that new budget authority, new entitlement authority, outlays, and
    receipts designated as an emergency in bills, joint resolutions,
    amendments, or conference reports are not cognizable under sections 302,
    303, 311, and 401 of the Budget Act. The budget resolution also required
    to be included in a committee report, joint statement of managers, or
    the Congressional Record an explanation of how an emergency item meets
    certain criteria (sec. 502, H. Con. Res. 95, 108th Cong.).

      (c) Consideration of Procedures or Matters Which Have the Effect of
    Changing any Rule of the House of Representatives.--If the Committee on
    the Budget of the House of Representatives reports any concurrent
    resolution on the budget which includes any procedure or matter which
    has the effect of changing any rule of the House of Representatives,
    such concurrent resolution shall then be referred to the Committee on
    Rules with instructions to report it within five calendar days (not
    counting any day on which the House is not in session). The Committee on
    Rules shall have jurisdiction to report any concurrent resolution
    referred to it under this paragraph with an amendment or amendments
    changing or striking out any such procedure or matter.

      (d) Views and Estimates of Other Committees.--Within 6 weeks after the
    President submits a budget under section 1105(a) of title 31, United
    States Code, or at such time as may be requested by the Committee on the
    Budget, each committee of the House of Representatives having
    legislative jurisdiction shall submit to the Committee on the Budget of
    the House and each committee of the Senate having legislative
    jurisdiction shall submit to the Committee on the Budget of the Senate
    its views and estimates (as determined by the committee making such
    submission) with respect to all matters set forth in subsections (a) and
    (b) which relate to matters within the jurisdiction or functions of such
    committee. The Joint Economic Committee shall submit to the Committees
    on the Budget of both Houses its recommendations as to the fiscal policy
    appropriate to the goals of the Employment Act of 1946. Any other
    committee of the House of Representatives or the Senate may submit to
    the Committee on the Budget of its House, and any joint committee of the
    Congress may submit to the Committees on the Budget of both Houses, its
    views and estimates with respect to all matters set forth in subsections
    (a) and (b)

    [[Page [973]]]

    which relate to matters within its jurisdiction or functions. Any
    Committee of the House of Representatives or the Senate that anticipates
    that the committee will consider any proposed legislation establishing,
    amending, or reauthorizing any Federal program likely to have a
    significant budgetary impact on any State, local, or tribal government,
    or likely to have a significant financial impact on the private sector,
    including any legislative proposal submitted by the executive branch
    likely to have such a budgetary or financial impact, shall include its
    views and estimates on that proposal to the Committee on the Budget of
    the applicable House.

      Section 301(d) was amended by the Budget Enforcement Act of 1997 (sec.
    10105, P.L. 105-33) to permit the Budget Committees to set an alternate
    deadline for submission of committee views and estimates.

      (e) Hearings and Report.--
              (1) In general.--In developing the concurrent resolution on
            the budget referred to in subsection (a) for each fiscal year,
            the Committee on the Budget of each House shall hold hearings
            and shall receive testimony from Members of Congress and such
            appropriate representatives of Federal departments and agencies,
            the general public, and national organizations as the committee
            deems desirable. Each of the recommendations as to short-term
            and medium-term goals set forth in the report submitted by the
            members of the Joint Economic Committee under subsection (d) may
            be considered by the Committee on the Budget of each House as
            part of its consideration of such concurrent resolution, and its
            report may reflect its views thereon, including its views on how
            the estimates of revenues and levels of budget authority and
            outlays set forth in such concurrent resolution are designed to
            achieve any goals it is recommending.
              (2) Required contents of report.--The report accompanying the
            resolution shall include--
                      (A) a comparison of the levels of total new budget
                    authority, total outlays, total revenues, and the
                    surplus or deficit for each fiscal year set forth in the
                    resolution with those requested in the budget submitted
                    by the President;
                      (B) with respect to each major functional category, an
                    estimate of total new budget authority and total
                    outlays, with the estimates divided between
                    discretionary and mandatory amounts;

    [[Page [974]]]

                      (C) the economic assumptions that underlie each of the
                    matters set forth in the resolution and any alternative
                    economic assumptions and objectives the committee
                    considered;
                      (D) information, data, and comparisons indicating the
                    manner in which, and the basis on which, the committee
                    determined each of the matters set forth in the
                    resolution;
                      (E) the estimated levels of tax expenditures (the tax
                    expenditures budget) by major items and functional
                    categories for the President's budget and in the
                    resolution; and
                      (F) allocations described in section 302(a).
              (3) Additional contents of report.--The report accompanying
            the resolution may include--
                      (A) a statement of any significant changes in the
                    proposed levels of Federal assistance to State and local
                    governments;
                      (B) an allocation of the level of Federal revenues
                    recommended in the resolution among the major sources of
                    such revenues;
                      (C) information, data, and comparisons on the share of
                    total Federal budget outlays and of gross domestic
                    product devoted to investment in the budget submitted by
                    the President and in the resolution;
                      (D) the assumed levels of budget authority and outlays
                    for public buildings, with a division between amounts
                    for construction and repair and for rental payments; and
                      (E) other matters, relating to the budget and to
                    fiscal policy, that the committee deems appropriate.

      The contents required of a report accompanying a budget resolution
    were modified by the Budget Enforcement Act of 1997 (sec. 10105, P.L.
    105-33).

      (f) Achievement of Goals for Reducing Unemployment.--
              (1) If, pursuant to section 4(c) of the Employment Act of
            1946, the President recommends in the Economic Report that the
            goals for reducing unemployment set forth in section 4(b) of
            such Act be achieved in a year after the close of the five-year
            period prescribed by such subsection, the concurrent resolution
            on the budget for the fiscal year beginning after the

    [[Page [975]]]

            date on which such Economic Report is received by the Congress
            may set forth the year in which, in the opinion of the Congress,
            such goals can be achieved.
              (2) After the Congress has expressed its opinion pursuant to
            paragraph (1) as to the year in which the goals for reducing
            unemployment set forth in section 4(b) of the Employment Act of
            1946 can be achieved, if, pursuant to section 4(e) of such Act,
            the President recommends in the Economic Report that such goals
            be achieved in a year which is different from the year in which
            the Congress has expressed its opinion that such goals should be
            achieved, either in its action pursuant to paragraph (1) or in
            its most recent action pursuant to this paragraph, the
            concurrent resolution on the budget for the fiscal year
            beginning after the date on which such Economic Report is
            received by the Congress may set forth the year in which, in the
            opinion of the Congress, such goals can be achieved.
              (3) It shall be in order to amend the provision of such
            resolution setting forth such year only if the amendment thereto
            also proposes to alter the estimates, amounts, and levels (as
            described in subsection (a)) set forth in such resolution in
            germane fashion in order to be consistent with the economic
            goals (as described in sections 3(a)(2) and (4)(b) of the
            Employment Act of 1946) which such amendment proposes can be
            achieved by the year specified in such amendment.

      (g) Economic Assumptions.--
              (1) It shall not be in order in the Senate to consider any
            concurrent resolution on the budget for a fiscal year, or any
            amendment thereto, or any conference report thereon, that sets
            forth amounts and levels that are determined on the basis or
            more than one set of economic and technical assumptions.
              (2) The joint explanatory statement accompanying a conference
            report on a concurrent resolution on the budget shall set forth
            the common economic assumptions upon which such joint statement
            and conference report are based, or upon which any amendment
            contained in the joint explanatory statement to be proposed by
            the conferees in the case of technical disagreement, is based.
              (3) Subject to periodic reestimation based on changed economic
            conditions or technical estimates, determinations under titles
            III and IV of the Congres

    [[Page [976]]]

            sional Budget Act of 1974 shall be based upon such common
            economic and technical assumptions.
      (h) Budget Committee's Consultation With Committees.--The Committee on
    the Budget of the House of Representatives shall consult with the
    committees of its House having legislative jurisdiction during the
    preparation, consideration, and enforcement of the concurrent resolution
    on the budget with respect to all matters which relate to the
    jurisdiction or functions of such committees.
      (i) Social Security Point of Order.--It shall not be in order in the
    Senate to consider any concurrent resolution on the budget (or
    amendment, motion, or conference report on the resolution) that would
    decrease the excess of social security revenues over social security
    outlays in any of the fiscal years covered by the concurrent resolution.
    No change in chapter 1 of the Internal Revenue Code of 1986 shall be
    treated as affecting the amount of social security revenues unless such
    provision changes the income tax treatment of social security benefits.

      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) modified this portion of section 301 by: (1) inserting
    a new subsection on referral of budget resolutions to the Rules
    Committee; (2) amending and redesignating existing subsections (c), (d),
    and (e) as (d), (e), and (f), respectively; and (3) adding new
    subsections (g), (h), and (i). Public Law 100-119 amended subsection (g)
    and extended until September 30, 1993, a point of order under subsection
    (i), precluding consideration of a concurrent resolution on the budget
    exceeding the pertinent maximum deficit amount absent a three-fifths
    vote. The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508)
    eliminated that point of order from subsection (i). The Omnibus Trade
    and Competitiveness Act of 1988 (P.L. 100-418) added paragraph (10) to
    subsection (e), effective only for fiscal years 1989 through 1992.
    Previously, the Full Employment and Balanced Growth Act of 1978 (P.L.
    95-523) amended this section by: (1) adding a new paragraph (6) to
    subsection (a) and redesignating the succeeding paragraph (both of which
    were later repealed by P.L. 99-177); (2) adding a new second sentence to
    subsection (c) (now contained in subsection (d)); and (3) adding a new
    subsection (e) (now designated as (f)), relating to the review of the
    Economic Report as part of the congressional budget process, and
    allowing the inclusion in the budget resolution of a timetable for
    achieving unemployment goals under the Employment Act of 1946. The last
    sentence of subsection (d) was added by the Unfunded Mandates Reform Act
    of 1995 (sec. 102(2), P.L. 104-4; 109 Stat. 62). The Social Security
    point of order contained in paragraph (i) was expanded by the Budget
    Enforcement Act of 1997 (sec. 10105, P.L. 105-33).
      The House and Senate completed final action on the first concurrent
    resolution on the budget considered under the Congressional Budget Act

    [[Page [977]]]

    by adopting a conference report thereon on May 14, 1975 (p. 14329). That
    concurrent resolution contained aggregate figures only for revenues,
    budget authority, budget outlays, deficit and public debt, since the
    Budget Committee had not implemented the functional categories
    provisions of the Act for fiscal year 1976.
      On May 13, 1976, the House and Senate completed final action on the
    first concurrent resolution for fiscal year 1977, the first year of full
    implementation of title III of the Congressional Budget Act (p. 13776).

                              committee allocations

      Sec. 302. (a) Committee Spending Allocations.--
              (1) Allocation among committees.--The joint explanatory
            statement accompanying a conference report on a concurrent
            resolution on the budget shall include an allocation, consistent
            with the resolution recommended in the conference report, of the
            levels for the first fiscal year of the resolution, for at least
            each of the ensuing 4 fiscal years, and a total for that period
            of fiscal years (except in the case of the Committee on
            Appropriations only for the fiscal year of that resolution) of--
                      (A) total new budget authority; and
                      (B) total outlays;
            among each committee of the House of Representatives or the
            Senate that has jurisdiction over legislation providing or
            creating such amounts.
              (2) No double counting.--In the House of Representatives, any
            item allocated to one committee may not be allocated to another
            committee.
              (3) Further division of amounts.--
                      (A) In the senate.--In the Senate, the amount
                    allocated to the Committee on Appropriations shall be
                    further divided among the categories specified in
                    section 250(c)(4) of the Balanced Budget and Emergency
                    Deficit Control Act of 1985 and shall not exceed the
                    limits for each category set forth in section 251(c) of
                    that Act.
                      (B) In the house.--In the House of Representatives,
                    the amounts allocated to each committee for each fiscal
                    year, other than the Committee on Appropriations, shall
                    be further divided between amounts provided or required
                    by law on the date of filing of that conference report
                    and amounts not so provided or required. The amounts
                    allocated to the Committee on Appropriations shall be
                    further divided--

    [[Page [978]]]

                            (i) between discretionary and mandatory amounts
                        or programs, as appropriate; and
                            (ii) consistent with the categories specified in
                        section 250(c)(4) of the Balanced Budget and
                        Emergency Deficit Control Act of 1985.
              (4) Amounts not allocated.--In the House of Representatives or
            the Senate, if a committee receives no allocation of new budget
            authority or outlays, that committee shall be deemed to have
            received an allocation equal to zero for new budget authority or
            outlays.
              (5) Adjusting allocation of discretionary spending in the
            house of representatives.--(A) If a concurrent resolution on the
            budget is not adopted by April 15, the chairman of the Committee
            on the Budget of the House of Representatives shall submit to
            the House, as soon as practicable, an allocation under paragraph
            (1) to the Committee on Appropriations consistent with the
            discretionary spending levels in the most recently agreed to
            concurrent resolution on the budget for the appropriate fiscal
            year covered by that resolution.
              (B) As soon as practicable after an allocation under paragraph
            (1) is submitted under this section, the Committee on
            Appropriations shall make suballocations and report those
            suballocations to the House of Representatives.

      (b) Suballocations by Appropriations Committees.--As soon as
    practicable after a concurrent resolution on the budget is agreed to,
    the Committee on Appropriations of each House (after consulting with the
    Committee on Appropriations of the other House) shall suballocate each
    amount allocated to it for the budget year under subsection (a) among
    its subcommittees. Each Committee on Appropriations shall promptly
    report to its House suballocations made or revised under this
    subsection. The Committee on Appropriations of the House of
    Representatives shall further divide among its subcommittees the
    divisions made under subsection (a)(3)(B) and promptly report those
    divisions to the House.

      (c) Point of Order.--After the Committee on Appropriations has
    received an allocation pursuant to subsection (a) for a fiscal year, it
    shall not be in order in the House of Representatives or the Senate to
    consider any bill, joint resolution, amendment, motion, or conference
    report within the jurisdiction of that committee providing new budget

    [[Page [979]]]

    authority for that fiscal year, until that committee makes the
    suballocations required by subsection (b).

      (d) Subsequent Concurrent Resolutions.--In the case of a concurrent
    resolution on the budget referred to in section 304, the allocations
    under subsection (a) and the subdivisions under subsection (b) shall be
    required only to the extent necessary to take into account revisions
    made in the most recently agreed to concurrent resolution on the budget.

      (e) Alteration of Allocations.--At any time after a committee reports
    the allocations required to be made under subsection (b), such committee
    may report to its House an alteration of such allocations. Any
    alteration of such allocations must be consistent with any actions
    already taken by its House on legislation within the committee's
    jurisdiction.

      (f) Legislation Subject to Point of Order.--
              (1) In the house of representatives.--After the Congress has
            completed action on a concurrent resolution on the budget for a
            fiscal year, it shall not be in order in the House of
            Representatives to consider any bill, joint resolution, or
            amendment providing new budget authority for any fiscal year, or
            any conference report on any such bill or joint resolution, if--
                      (A) the enactment of such bill or resolution as
                    reported;
                      (B) the adoption and enactment of such amendment; or
                      (C) the enactment of such bill or resolution in the
                    form recommended in such conference report,
            would cause the applicable allocation of new budget authority
            made under subsection (a) or (b) for the first fiscal year or
            the total of fiscal years to be exceeded.
              (2) In the senate.--After a concurrent resolution on the
            budget is agreed to, it shall not be in order in the Senate to
            consider any bill, joint resolution, amendment, motion, or
            conference report that would cause--
                      (A) in the case of any committee except the Committee
                    on Appropriations, the applicable allocation of new
                    budget authority or outlays under subsection (a) for the
                    first fiscal year or the total of fiscal years to be
                    exceeded; or
                      (B) in the case of the Committee on Appropriations,
                    the applicable suballocation of new budget

    [[Page [980]]]

                    authority or outlays under subsection (b) to be
                    exceeded.

      (g) Pay-as-You-Go Exception in the House.--
              (1) In general.--(A) Subsection (f)(1) and, after April 15,
            section 303(a) shall not apply to any bill or joint resolution,
            as reported, amendment thereto, or conference report thereon if,
            for each fiscal year covered by the most recently agreed to
            concurrent resolution on the budget--
                      (i) the enactment of that bill or resolution as
                    reported;
                      (ii) the adoption and enactment of that amendment; or
                      (iii) the enactment of that bill or resolution in the
                    form recommended in that conference report,
            would not increase the deficit, and, if the sum of any revenue
            increases provided in legislation already enacted during the
            current session (when added to revenue increases, if any, in
            excess of any outlay increase provided by the legislation
            proposed for consideration) is at least as great as the sum of
            the amount, if any, by which the aggregate level of Federal
            revenues should be increased as set forth in that concurrent
            resolution and the amount, if any, by which revenues are to be
            increased pursuant to pay-as-you-go procedures under section
            301(b)(8), if included in that concurrent resolution.
              (B) Section 311(a), as that section applies to revenues, shall
            not apply to any bill, joint resolution, amendment thereto, or
            conference report thereon if, for each fiscal year covered by
            the most recently agreed to concurrent resolution on the
            budget--
                      (i) the enactment of that bill or resolution as
                    reported;
                      (ii) the adoption and enactment of that amendment; or
                      (iii) the enactment of that bill or resolution in the
                    form recommended in that conference report,
            would not increase the deficit, and, if the sum of any outlay
            reductions provided in legislation already enacted during the
            current session (when added to outlay reductions, if any, in
            excess of any revenue reduction provided by the legislation
            proposed for consideration) is at least as great as the sum of
            the amount, if any, by which the aggregate level of Federal
            outlays should be reduced as required by that concurrent res

    [[Page [981]]]

            olution and the amount, if any, by which outlays are to be
            reduced pursuant to pay-as-you-go procedures under section
            301(b)(8), if included in that concurrent resolution.
              (2) Revised allocations.--(A) As soon as practicable after
            Congress agrees to a bill or joint resolution that would have
            been subject to a point of order under subsection (f)(1) but for
            the exception provided in paragraph (1)(A) or would have been
            subject to a point of order under section 311(a) but for the
            exception provided in paragraph (1)(B), the chairman of the
            Committee on the Budget of the House of Representatives shall
            file with the House appropriately revised allocations under
            section 302(a) and revised functional levels and budget
            aggregates to reflect that bill.
              (B) Such revised allocations, functional levels, and budget
            aggregates shall be considered for the purposes of this Act as
            allocations, functional levels, and budget aggregates contained
            in the most recently agreed to concurrent resolution on the
            budget.

      Section 302 was amended by the Balanced Budget and Emergency Deficit
    Control Act of 1985 (tit. II, P.L. 99-177) to: (1) add appropriate
    levels of total entitlement authority and total credit authority to the
    allocations required by subsection (a), with all levels further divided
    into mandatory and discretionary amounts; (2) add new credit authority
    to the subdivisions required of the Appropriations Committees by
    subsection (b)(1); (3) redesignate subsection (c) as (d); and (4) add
    new subsections (c), (e), (f), and (g). The Budget Enforcement Act of
    1990 (tit. XIII, P.L. 101-508) removed credit authority from the purview
    of points of order under this section by deleting all references to
    credit authority in subsections (a), (b), (c), and (f), effective for
    fiscal years beginning after September 30, 1991. That law also amended
    subsections (c) and (f) to standardize their application to bills, joint
    resolutions, amendments, motions, or conference reports. Section 302 was
    further amended by the Budget Enforcement Act of 1997 (sec. 10106, P.L.
    105-33) to: (1) permanently extend the requirement that allocations to
    the authorizing committees cover at least a five-year period and to
    revert the temporary allocations under former section 602 into section
    302; (2) permit a further allocation among defense, nondefense, and
    violent crime reduction funding; (3) modify the Appropriation
    Committee's default allocation; and (4) clarify the Appropriation
    Committee's suballocations to its subcommittees.
      A point of order under section 302(f) operates with respect to a bill
    or joint resolution in reported state and thus does not lie against
    consideration of an unreported measure (Mar. 21, 1995, p. 8491).
      Points of order under section 302(c) apply separately to the
    consideration of bills and amendments, and thus a waiver of points of
    order against

    [[Page [982]]]

    consideration of an appropriation bill prior to the filing of a report
    from the Committee on Appropriations allocating new budget authority
    among its subcommittees does not extend to an amendment providing new
    budget authority in addition to the amounts contained in the bill (July
    13, 1987, p. 19514). Where the House deemed the adoption of section
    302(a) allocations for the 108th Congress (sec. 3, H. Res. 5, Jan. 7,
    2003, p. ----), the Chair sustained a point of order under section
    302(c) against an amendment providing new budget authority where the
    Committee on Appropriations had not reported section 302(b)
    suballocations (Jan. 8, 2003, p. ----; Jan. 28, 2003, p. ---- (both
    sustained by tabling of appeal)).
      An amendment that proposes offsetting increases and decreases in new
    budget authority is not subject to a point of order under section 302(f)
    (May 9, 1995, p. 12175). Amendments to an appropriation bill making a
    series of figure changes intended to offset one another and considered
    en bloc, are subject to points of order under section 302(f) where the
    intended reductions in new discretionary budget authority fail to offset
    increases in such authority, so that the net effect of the amendments is
    to cause the bill to exceed the appropriate allocation of new
    discretionary budget authority made pursuant to section 302(b) for the
    fiscal year (July 30, 1986, p. 18154).
      Where a Senate amendment proposed to increase certain loan guarantees
    that were estimated by the Budget Committee to breach the subcommittee
    subdivision of new credit authority (as then required by this section),
    the Chair sustained a point of order under section 302(f) against a
    motion to concur therein (Oct. 20, 1990, p. 31517).
      Where a limitation on funds in a general appropriation bill was
    estimated under former section 302(g) (current section 312(a)) to
    provide negative new budget authority in an amount sufficient to avoid a
    breach of the pertinent allocation of such authority, an amendment
    striking the limitation from the bill was held to provide new budget
    authority causing such a breach, in violation of section 302(f) (June
    26, 1991, p. 16474; June 13, 2000, p. ----). An amendment proposing to
    strike from a general appropriation bill a proviso stating that a
    specified increment of new discretionary budget authority ostensibly
    provided by the bill would ``become available for obligation only upon
    the enactment of future appropriations legislation'' was held to cause
    the bill to provide additional new discretionary budget authority in
    that incremental amount, in breach of the pertinent allocation under
    sections 302 and 602, and therefore in violation of section 302(f) (June
    26, 1996, p. 15563). An amendment proposing to strike from a general
    appropriation bill a rescission scored as negative budget authority was
    held to provide new budget authority in excess of the relevant
    allocation under section 302(b) (June 20, 2001, p. ----). The Chair
    relies on authoritative estimates from the Budget Committee pursuant to
    section 312(a) to determine whether an amendment to a general
    appropriation bill provides new budget authority in excess of the
    relevant allocation under

    [[Page [983]]]

    section 302(b) in violation of section 302(f) (June 8, 2000, p. ----;
    June 12, 2000, p. ----; June 22, 2000, p. ----).
      An amendment delaying the imposition of a monetary penalty for failure
    to comply with a recreational vessel fee was held to violate section
    302(f) on the basis of estimates that indicated that as a result of a
    loss of offsetting receipts, it provided new budget authority in excess
    of the pertinent allocation of such authority to the Committee on
    Merchant Marine and Fisheries (July 18, 1991, p. 18860). A motion to
    recommit a bill establishing a Medicare prescription drug benefit
    program with instructions to report forthwith an amendment in the nature
    of substitute containing a different program that provided new budget
    authority in excess of the relevant allocations under section 302(a), as
    authoritatively estimated by the Committee on the Budget pursuant to
    section 312(a), was held to violate section 302(f) (sustained by tabling
    appeal) (June 28, 2000, p. ----).
      The 104th Congress authorized the chairman of the Committee on the
    Budget to revise existing allocations under this section among
    committees of the House to reflect changes in jurisdiction under clause
    1 of rule X and to publish the revised allocations in the Congressional
    Record, to the end that the revised allocations be effective in the
    House as though made pursuant to sections 302(a) and 602(a) of the
    Congressional Budget Act of 1974 (sec. 202(c), H. Res. 6, Jan. 4, 1995,
    p. 467). The House has adopted resolutions to deem budget resolutions,
    or portions thereof, to be in place for temporary enforcement (July 24,
    1985, p. 20181; June 19, 1990, p. 14612; June 19, 1998, p. ----; sec.
    2(a), H. Res. 5, Jan. 6, 1999, p. ----; H. Res. 427, May 22, 2002, p. --
    --; sec. 3(a)(4), H. Res. 5, Jan. 7, 2003, p. ----). The budget
    resolution deemed adopted for fiscal year 2003 established a reserve
    fund in the House to support an extra allocation for propositions
    providing for specified increases in obligation levels for highway
    spending, with a special application of section 302(f) to enforce levels
    of outlays (as well as budget authority) in that area, and provided for
    a separate, exclusive section 302(a) allocation for medicare spending
    (on one-year and 10-year bases) (sec. 204, H. Con. Res. 353, 107th
    Cong., deemed in place by H. Res. 427, 107th Cong., May 22, 2002, p. --
    --, and by sec. 3, H. Res. 5, 108th Cong., Jan. 7, 2003, p. ----).

       concurrent resolution on the budget must be adopted before budget-
                        related legislation is considered

      Sec. 303. (a) In General.--Until the concurrent resolution on the
    budget for a fiscal year has been agreed to, it shall not be in order in
    the House of Representatives, with respect to the first fiscal year
    covered by that resolution, or the Senate, with respect to any fiscal
    year covered by that resolution, to consider any bill or joint
    resolution, amendment or motion thereto, or conference report thereon
    that--

    [[Page [984]]]

              (1) first provides new budget authority for that fiscal year;
              (2) first provides an increase or decrease in revenues during
            that fiscal year;
              (3) provides an increase or decrease in the public debt limit
            to become effective during that fiscal year;
              (4) in the Senate only, first provides new entitlement
            authority for that fiscal year; or
              (5) in the Senate only, first provides for an increase or
            decrease in outlays for that fiscal year.
      (b) Exceptions in the House.--In the House of Representatives,
    subsection (a) does not apply--
              (1)(A) to any bill or joint resolution, as reported, providing
            advance discretionary new budget authority that first becomes
            available for the first or second fiscal year after the budget
            year; or
              (B) to any bill or joint resolution, as reported, first
            increasing or decreasing revenues in a fiscal year following the
            fiscal year to which the concurrent resolution applies;
              (2) after May 15, to any general appropriation bill or
            amendment thereto; or
              (3) to any bill or joint resolution unless it is reported by a
            committee.
      (c) Application to Appropriation Measures in the Senate.--
              (1) In general.--Until the concurrent resolution on the budget
            for a fiscal year has been agreed to and an allocation has been
            made to the Committee on Appropriations of the Senate under
            section 302(a) for that year, it shall not be in order in the
            Senate to consider any appropriation bill or joint resolution,
            amendment or motion thereto, or conference report thereon for
            that year or any subsequent year.
              (2) Exception.--Paragraph (1) does not apply to appropriations
            legislation making advance appropriations for the first or
            second fiscal year after the year the allocation referred to in
            that paragraph is made.

      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) amended subsection 303(a) by: (1) adding the phrase
    ``as reported to the House or Senate''; (2) modifying paragraph (4) to
    apply to new entitlement authority; and (3) adding a paragraph (5)
    relating to new credit authority. The same law amended subsection (b) by
    adding the May 15th exception for general appropriation bills. The
    Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) amended
    subsection (a) to standardize its application to bills, joint
    resolutions, amendments, motions, or

    [[Page [985]]]

    conference reports, and by deleting the reference in paragraph (5) to
    new credit authority. That law also subdivided subsection (b) into
    paragraphs relating to exceptions in the House and Senate. Section 303
    was rewritten by the Budget Enforcement Act of 1997 (sec. 10107, P.L.
    105-33) to simplify the section, drop obsolete provisions, make certain
    conforming changes, and eliminate references to ``new entitlement
    authority'' in the House and ``new credit authority.''
      A point of order under section 303(a) operates with respect to a bill
    or joint resolution in reported state and thus does not lie against
    consideration of an unreported measure (Mar. 21, 1995, p. 8491),
    although it does lie against consideration of an amendment to an
    unreported measure (July 24, 1998, p. ----).
      A conference report containing revenue-sharing provisions in the form
    of new entitlement authority as described in section 401(c)(2)(C) of the
    Budget Act to become effective in fiscal years 1978 through 1980 in
    amounts greater than the amount in fiscal year 1977 was ruled out on a
    point of order under section 303(a), since the first concurrent
    resolution on the budget for those future fiscal years had not yet been
    adopted and the increased entitlements could not be considered merely
    continuations of entitlement authority that became effective in fiscal
    year 1977 (for which a concurrent resolution had been adopted), and
    since the section 303(b) exception, permitting certain advance budget
    authority, does not apply in the case of new entitlement authority
    (Speaker Albert, Sept. 30, 1976, pp. 34074). An amendment providing new
    budget authority for a fiscal year before adoption of a budget
    resolution for that year was held to violate section 303, where points
    of order under that section had been waived against the pending bill but
    not against amendments (Aug. 1, 1984, p. 21871; July 17, 1985, pp.
    19435, 19463 (amendment contained in motion to recommit with
    instructions)).
      To a bill providing eligibility for certain entitlement benefits to
    become effective in the fiscal year for which a budget resolution had
    been adopted, an amendment allowing a deduction in computing household
    income to determine eligibility effective in the next following fiscal
    year, to reflect changes in shelter and utility costs, was ruled out as
    providing new entitlement authority to become effective in a fiscal year
    for which a concurrent resolution on the budget had not been adopted, in
    violation of section 303(a)(4) (July 27, 1977, pp. 25222).
      To a bill partially replacing an existing mandatory student loan
    (entitlement) program with a new discretionary program, an amendment
    reducing the discretionary program and commensurately restoring the
    mandatory program was held to violate section 303(a) by providing new
    entitlement authority for the ensuing fiscal year prior to the adoption
    of a concurrent resolution on the budget for that fiscal year (Mar. 26,
    1992, p. 7173). Amendments enlarging the class of persons eligible for,
    or increasing the amount of, a Government subsidy (lower interest
    payments on student loans) have been held to violate section 303(a) by
    providing new entitlement

    [[Page [986]]]

    authority for the ensuing fiscal year prior to the adoption of a
    concurrent resolution on the budget for that fiscal year (Mar. 26, 1992,
    pp. 7184, 7186, 7227, 7231, 7236).
      An amendment repealing an agricultural marketing (entitlement) program
    for peanuts over a five-year period was nevertheless held to provide new
    budget authority for the ensuing fiscal year prior to the adoption of
    the budget resolution for that year, in violation of section 303(a),
    where the Chair was persuaded by estimates from the Congressional Budget
    Office that economic conditions under that repeal would result in
    decreased receipts and increased Federal outlays during that first
    fiscal year (July 25, 1990, p. 19155).
      An amendment imposing fees on generated electric energy, to be
    deposited in a trust fund, and effective in the ensuing fiscal year, was
    held to violate section 303(a) by increasing revenues effective in the
    ensuing fiscal year, for which a budget resolution had yet to be adopted
    (July 23, 1985, p. 20041). An amendment striking a revenue provision in
    a pending unreported bill and proposing to insert an alternative revenue
    provision was held to violate section 303(a) (July 24, 1998, p. ----).
      The Committee on the Budget of the House determined, as stated in its
    second report on the implementation of congressional budget procedures
    for fiscal year 1976 (H. Rept. No. 94-457, Oct. 8, 1975), that the
    section 303(b) exemption for certain advance budget or revenue authority
    ceases to apply with the beginning of the fiscal year in question.
    Therefore, on or after October 1, 1975, the beginning of fiscal year
    1976, budget authority or revenue measures to become effective in fiscal
    year 1977, could no longer be considered under the 303(b) exception but
    would have to await the final adoption in May of the first concurrent
    resolution on the budget for fiscal year 1977. But the Senate in the
    95th Congress overruled a decision of its presiding officer holding that
    the section 303(b) exemption ceased to apply after the beginning of the
    fiscal year preceding the fiscal year for which revenue changes were
    proposed (Oct. 5, 1978, pp. 33945-50). In the 106th, 107th, and 108th
    Congresses, the House adopted an order to enforce a 303(a) point of
    order against a reported bill or joint resolution considered under a
    special order of business on the basis of text made in order as original
    text (sec. 2(a)(3), H. Res. 5, Jan. 6, 1999, p. ----; sec. 3(b)(2), H.
    Res. 5, Jan. 3, 2001, p. ----; sec. 3(a)(2), H. Res. 5, Jan. 7, 2003, p.
    ----).
      The House has adopted resolutions to deem budget resolutions, or
    portions thereof, to be in place for temporary enforcement (July 24,
    1985, p. 20181; June 19, 1990, p. 14612; June 19, 1998, p. ----; sec.
    2(a)(1), H. Res. 5, Jan. 6, 1999, p. ----; H. Res. 427, 107th Cong., May
    22, 2002, p. ----; sec. 3(a)(4), H. Res. 5, Jan. 7, 2003, p. ----).

          permissible revisions of concurrent resolutions on the budget

      Sec. 304. At any time after the concurrent resolution on the budget
    for a fiscal year has been agreed to pursuant

    [[Page [987]]]

    to section 301, and before the end of such fiscal year, the two Houses
    may adopt a concurrent resolution on the budget which revises or
    reaffirms the concurrent resolution on the budget for such fiscal year
    most recently agreed to.

      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) deleted a
    subsection (b), relating to maximum deficit amount requirements for
    revised budget resolutions, that had been added by the Balanced Budget
    and Emergency Deficit Control Act of 1985 (tit. II, P.L. 99-177), and
    redesignated the subsection on economic assumptions, originally added by
    Public Law 100-119, as (b). The latter subsection (b) was deleted by the
    Budget Enforcement Act of 1997 (sec. 10108, P.L. 105-33).

     provisions relating to the consideration of concurrent resolutions on
                                   the budget

      Sec. 305. (a) Procedure in House of Representatives After Report of
    Committee; Debate.--
              (1) When a concurrent resolution on the budget has been
            reported by the Committee on the Budget of the House of
            Representatives and has been referred to the appropriate
            calendar of the House, it shall be in order on any day
            thereafter, subject to clause 2(l)(6) of rule XI of the Rules of
            the House of Representatives, to move to proceed to the
            consideration of the concurrent resolution. The motion is highly
            privileged and is not debatable. An amendment to the motion is
            not in order and it is not in order to move to reconsider the
            vote by which the motion is agreed to or disagreed to.
              (2) General debate on any concurrent resolution on the budget
            in the House of Representatives shall be limited to not more
            than 10 hours, which shall be divided equally between the
            majority and minority parties, plus such additional hours of
            debate as are consumed pursuant to paragraph (3). A motion
            further to limit debate is not debatable. A motion to recommit
            the concurrent resolution is not in order, and it is not in
            order to move to reconsider the vote by which the concurrent
            resolution is agreed to or disagreed to.
              (3) Following the presentation of opening statements on the
            concurrent resolution on the budget for a fiscal year by the
            chairman and ranking minority member of the Committee on the
            Budget of the House, there shall be a period of up to four hours
            for debate on economic goals and policies.

    [[Page [988]]]

              (4) Only if a concurrent resolution on the budget reported by
            the Committee on the Budget of the House sets forth the economic
            goals (as described in sections 3(a)(2) and (4)(b) of the Full
            Employment Act of 1946) which the estimates, amounts, and levels
            (as described in section 301(a)) set forth in such resolution
            are designed to achieve, shall it be in order to offer to such
            resolution an amendment relating to such goals, and such
            amendment shall be in order only if it also proposes to alter
            such estimates, amounts, and levels in germane fashion in order
            to be consistent with the goals proposed in such amendment.
              (5) Consideration of any concurrent resolution on the budget
            by the House of Representatives shall be in the Committee of the
            Whole, and the resolution shall be considered for amendment
            under the five-minute rule in accordance with the applicable
            provisions of rule XXIII of the Rules of the House of
            Representatives. After the Committee rises and reports the
            resolution back to the House, the previous question shall be
            considered as ordered on the resolution and any amendments
            thereto to final passage without intervening motion; except that
            it shall be in order at any time prior to final passage
            (notwithstanding any other rule or provision of law) to adopt an
            amendment (or a series of amendments) changing any figure or
            figures in the resolution as so reported to the extent necessary
            to achieve mathematical consistency.
              (6) Debate in the House of Representatives on the conference
            report on any concurrent resolution on the budget shall be
            limited to not more than 5 hours, which shall be divided equally
            between the majority and minority parties. A motion further to
            limit debate is not debatable. A motion to recommit the
            conference report is not in order, and it is not in order to
            move to reconsider the vote by which the conference report is
            agreed to or disagreed to.
              (7) Appeals from decisions of the Chair relating to the
            application of the Rules of the House of Representatives to the
            procedure relating to any concurrent resolution on the budget
            shall be decided without debate.

      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) amended section 305 in several places, with the most
    important changes being the reduction in the availability requirement
    for the committee report on a budget resolution to five days (from ten)
    and

    [[Page [989]]]

    the addition of a one-day availability requirement for any report
    thereon from the Committee on Rules. The Full Employment and Balanced
    Growth Act of 1978 (P.L. 95-523) amended this subsection by adding
    subparagraphs (3) and (4) and making conforming changes relating to
    debate and amendments on economic goals and policies during
    consideration of the first concurrent resolution on the budget in the
    House. A similar addition was made in subparagraphs (3) and (4),
    relating to Senate procedure. The Budget Enforcement Act of 1997 (sec.
    10109, P.L. 105-33) amended section 305(a)(1) to provide a three-day
    layover requirement for the concurrent resolution on the budget.
      General debate on economic goals and policies under subsection (a)(3)
    must be confined to that subject (Apr. 23, 1980, p. 8815). Clause 10 of
    rule XVIII (former clause 8 of rule XXVIII), as added in the 95th
    Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70) requires that any
    concurrent resolution on the budget (consisting of both aggregate totals
    and functional categories) be considered as read and open to amendment
    at any point, and unanimous consent is required to read such a
    concurrent resolution by section in order to allow amendments to
    aggregates to be considered before amendments to functional categories
    (May 2, 1978, pp. 12074, 12075). Clause 10 of rule XVIII (former clause
    8 of rule XXIII) was further amended in the 96th Congress (H. Res. 5,
    Jan. 15, 1979, pp. 7-16) to require that amendments to budget
    resolutions achieve mathematical consistency and contain all the matter
    set forth in subsections 301(a)(1) through (5). On one occasion, the
    Chairman of the Committee on the Budget offered a ``mathematical
    consistency'' amendment in Committee of the Whole, rather than in the
    House (Apr. 29, 1976, p. 11916).
      A concurrent resolution on the budget is subject to a demand for a
    division of the question if, for example, the resolution grammatically
    and substantively relates to different fiscal years (May 7, 1980, pp.
    10185-87), or includes a separate, hortatory section having its own
    grammatical and substantive meaning (Mar. 5, 1992, p. 4675).
      Where a perfecting amendment changing several figures in a concurrent
    resolution on the budget was pending in Committee of the Whole, the
    Chair indicated that adoption of that amendment would preclude a further
    amendment merely changing those figures but would not preclude a more
    comprehensive amendment changing other (unamended) portions of the
    resolution (Apr. 28, 1976, p. 11599).
      While under this paragraph there can be up to five hours of debate on
    a conference report on a concurrent resolution on the budget, where the
    conferees report in total disagreement, debate on the motion to dispose
    of the amendment in disagreement is under the ``hour rule'' and is
    equally divided and controlled between the majority and minority parties
    under clause 8(d) of rule XXII (former clause 2 of rule XXVIII) (May 13,
    1976, p. 13756; Sept. 16, 1976, p. 30182).
      A concurrent resolution on the budget providing for the production of
    three separate reconciliation bills, including a reconciliation bill
    that lowers

    [[Page [990]]]

    revenues, is privileged in the Senate under section 305(b) (May 21,
    1996, p. 11937-41).
      In the 96th Congress, for the first time, the Committee on Rules
    reported and the House adopted a special order permitting only certain
    designated amendments to be offered to a concurrent resolution on the
    budget (H. Res. 642, Apr. 23, 1980, pp. 8789). The House has adopted
    similar ``modified-closed rules'' for the consideration of concurrent
    resolutions on the budget in each subsequent Congress. In the 98th
    Congress, a special order (H. Res. 144, Mar. 22, 1983, p. 6503) waiving
    the existing 10-day layover requirement of section 305(a)(1) was
    construed not to have waived the separate three-day layover requirement
    of clause 4 of rule XIII (former clause 2(l)(6) of rule XI) (since
    amended in the 102d Congress (H. Res. 5, Jan. 3, 1991, p. 39) to conform
    to the five-day layover requirement of this section). The House has
    adopted resolutions to deem budget resolutions, or portions thereof, to
    be in place for temporary enforcement (July 24, 1985, p. 20181; June 19,
    1990, p. 14612; June 19, 1998, p. ----; sec. 2(a)(1), H. Res. 5, Jan. 6,
    1999, p. ----; H. Res. 427, 107th Cong., May 22, 2002, p. ----; sec.
    3(a)(4), H. Res. 5, Jan. 7, 2003, p. ----).

      (b) Procedure in Senate After Report of Committee; Debate;
    Amendments.--
              (1) Debate in the Senate on any concurrent resolution on the
            budget, and all amendments thereto and debatable motions and
            appeals in connection therewith, shall be limited to not more
            than 50 hours, except that with respect to any concurrent
            resolution referred to in section 304(a) all such debate shall
            be limited to not more than 15 hours. The time shall be equally
            divided between, and controlled by, the majority leader and the
            minority leader or their designees.
              (2) Debate in the Senate on any amendment to a concurrent
            resolution on the budget shall be limited to 2 hours, to be
            equally divided between, and controlled by, the mover and the
            manager of the concurrent resolution, and debate on any
            amendment to an amendment, debatable motion, or appeal shall be
            limited to 1 hour, to be equally divided between, and controlled
            by, the mover and the manager of the concurrent resolution,
            except that in the event the manager of the concurrent
            resolution is in favor of any such amendment, motion, or appeal,
            the time in opposition thereto shall be controlled by the
            minority leader or his designee. No amendment that is not
            germane to the provisions of such concurrent resolution shall be
            received. Such leaders, or either of them, may, from the time
            under their control on the passage of the concurrent resolution,
            allot additional time to any Senator

    [[Page [991]]]

            during the consideration of any amendment, debatable motion, or
            appeal.
              (3) Following the presentation of opening statements on the
            concurrent resolution on the budget for a fiscal year by the
            chairman and ranking minority member of the Committee on the
            Budget of the Senate, there shall be a period of up to four
            hours for debate on economic goals and policies.
              (4) Subject to the other limitations of this Act, only if a
            concurrent resolution on the budget reported by the Committee on
            the Budget of the Senate sets forth the economic goals (as
            described in sections 3(a)(2) and 4(b) of the Employment Act of
            1946) which the estimates, amounts, and levels (as described in
            section 301(a)) set forth in such resolution are designed to
            achieve, shall it be in order to offer to such resolution an
            amendment relating to such goals, and such amendment shall be in
            order only if it also proposes to alter such estimates, amounts,
            and levels in germane fashion in order to be consistent with the
            goals proposed in such amendment.
              (5) A motion to further limit debate is not debatable. A
            motion to recommit (except a motion to recommit with
            instructions to report back within a specified number of days,
            not to exceed 3, not counting any day on which the Senate is not
            in session) is not in order. Debate on any such motion to
            recommit shall be limited to 1 hour, to be equally divided
            between, and controlled by, the mover and the manager of the
            concurrent resolution.
              (6) Notwithstanding any other rule, an amendment or series of
            amendments to a concurrent resolution on the budget proposed in
            the Senate shall always be in order if such amendment or series
            of amendments proposes to change any figure or figures then
            contained in such concurrent resolution so as to make such
            concurrent resolution mathematically consistent or so as to
            maintain such consistency.

      (c) Action on Conference Reports in the Senate.--
              (1) A motion to proceed to the consideration of the conference
            report on any concurrent resolution on the budget (or a
            reconciliation bill or resolution) may be made even though a
            previous motion to the same effect has been disagreed to.
              (2) During the consideration in the Senate of the conference
            report (or a message between Houses) on

    [[Page [992]]]

            any concurrent resolution on the budget, and all amendments in
            disagreement, and all amendments thereto, and debatable motions
            and appeals in connection therewith, debate shall be limited to
            10 hours, to be equally divided between, and controlled by, the
            majority leader and minority leader or their designees. Debate
            on any debatable motion or appeal related to the conference
            report (or a message between Houses) shall be limited to 1 hour,
            to be equally divided between, and controlled by, the mover and
            the manager of the conference report (or a message between
            Houses).
              (3) Should the conference report be defeated, debate on any
            request for a new conference and the appointment of conferees
            shall be limited to 1 hour, to be equally divided between, and
            controlled by, the manager of the conference report and the
            minority leader or his designee, and should any motion be made
            to instruct the conferees before the conferees are named, debate
            on such motion shall be limited to one-half hour, to be equally
            divided between, and controlled by, the mover and the manager of
            the conference report. Debate on any amendment to any such
            instructions shall be limited to 20 minutes, to be equally
            divided between and controlled by the mover and the manager of
            the conference report. In all cases when the manager of the
            conference report is in favor of any motion, appeal, or
            amendment, the time in opposition shall be under the control of
            the minority leader or his designee.
              (4) In any case in which there are amendments in disagreement,
            time on each amendment shall be limited to 30 minutes, to be
            equally divided between, and controlled by, the manager of the
            conference report and the minority leader or his designee. No
            amendment that is not germane to the provisions of such
            amendments shall be received.

      (d) Concurrent Resolution Must Be Consistent in the Senate.--It shall
    not be in order in the Senate to vote on the question of agreeing to--
              (1) a concurrent resolution on the budget unless the figures
            then contained in such resolution are mathematically consistent;
            or
              (2) a conference report on a concurrent resolution on the
            budget unless the figures contained in such reso

    [[Page [993]]]

            lution, as recommended in such conference report, are
            mathematically consistent.

      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) deleted a
    subsection (d), which required action by budget conferees within seven
    days, and redesignated the succeeding subsection.

    legislation dealing with congressional budget must be handled by budget
                                   committees

      Sec. 306. No bill, resolution, amendment, motion, or conference
    report, dealing with any matter which is within the jurisdiction of the
    Committee on the Budget of either House shall be considered in that
    House unless it is a bill or resolution which has been reported by the
    Committee on the Budget of that House (or from the consideration of
    which such committee has been discharged) or unless it is an amendment
    to such a bill or resolution.

      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) amended
    this section by standardizing its application to any bill, resolution,
    amendment, motion, or conference report. The 107th and 108th Congresses
    adopted an order of the House to construe the term ``resolution'' as
    ``joint resolution'' (sec. 3(b), H. Res. 5, Jan. 3, 2001, p. ----; sec.
    3(a)(1), H. Res. 5, Jan. 7, 2003, p. ----). The 104th and 105th
    Congresses expanded the legislative jurisdiction of the Committee on the
    Budget (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 463; sec. 5, H. Res. 5,
    Jan. 7, 1997, p. 121). See clause 1(e) of rule X, supra.
      A special order of business adopted by the House providing for
    consideration of an unreported concurrent resolution on the budget upon
    the Speaker's declaration that the House be resolved into the Committee
    of the Whole has the effect of discharging the Budget Committee when so
    announced by the Speaker, and need not contain the term ``discharge'' or
    waive points of order under this section, since the concurrent
    resolution is effectively discharged consistent with, and not in
    violation of, this section (Mar. 13, 1986, p. 4638).
      The following were held to violate this section: (1) an amendment
    directing that certain lease-purchase agreements be scored on an annual
    basis for budget purposes (July 19, 1999, p. ----); and (2) an amendment
    designating an appropriation as ``emergency spending'' within the
    meaning of the budget-enforcement laws (Sept. 8, 1999, p. ----).
      In the Senate, to an omnibus revenue bill reported from the Senate
    Committee on Finance containing certain tax credits, an amendment
    expressing the sense of Congress that under the Congressional Budget Act
    process the continuation of tax credits would be offset by reductions in
    Federal spending was held to violate section 306 and was ruled out of
    order (June 18, 1976, pp. 19089-97). In the Senate, to a bill making
    comprehensive amendments to the Social Security Act, an amendment
    removing social

    [[Page [994]]]

    security trust funds from the ``unified budget'' and establishing
    separate aggregate and functional categories in all concurrent
    resolutions on the budget for social security trust funds was held to be
    a matter within the jurisdiction of the Senate Budget Committee and
    ruled out of order under section 306 (Mar. 22, 1983, p. 6590).

      house committee action on all appropriation bills to be completed by
                                     june 10

      Sec. 307. On or before June 10 of each year, the Committee on
    Appropriations of the House of Representatives shall report annual
    appropriation bills providing new budget authority under the
    jurisdiction of all of its subcommittees for the fiscal year which
    begins on October 1 of that year.

      This section was rewritten by the Balanced Budget and Emergency
    Deficit Control Act of 1985 (tit. II, P.L. 99-177) to establish June
    10th as the annual target date for completion of House committee action
    on all regular appropriation bills.

       reports, summaries, and projections of congressional budget actions

      Sec. 308. (a) Reports on Legislation Providing New Budget Authority or
    Providing an Increase or Decrease in Revenues or Tax Expenditures.--
              (1) Whenever a committee of either House reports to its House
            a bill or joint resolution, or committee amendment thereto,
            providing new budget authority (other than continuing
            appropriations) or providing an increase or decrease in revenues
            or tax expenditures for a fiscal year (or fiscal years), the
            report accompanying that bill or joint resolution shall contain
            a statement, or the committee shall make available such a
            statement in the case of an approved committee amendment which
            is not reported to its House, prepared after consultation with
            the Director of the Congressional Budget Office--
                      (A) comparing the levels in such measure to the
                    appropriate allocations in the reports submitted under
                    section 302(b) for the most recently agreed to
                    concurrent resolution on the budget for such fiscal year
                    (or fiscal years);
                      (B) containing a projection by the Congressional
                    Budget Office of how such measure will affect the levels
                    of such budget authority, budget outlays, revenues, or
                    tax expenditures under existing law

    [[Page [995]]]

                    for such fiscal year (or fiscal years) and each of the
                    four ensuing fiscal years, if timely submitted before
                    such report is filed; and
                      (C) containing an estimate by the Congressional Budget
                    Office of the level of new budget authority for
                    assistance to State and local governments provided by
                    such measure, if timely submitted before such report is
                    filed.
              (2) Whenever a conference report is filed in either House and
            such conference report or any amendment reported in disagreement
            or any amendment contained in the joint statement of managers to
            be proposed by the conferees in the case of technical
            disagreement on such bill or joint resolution provides new
            budget authority (other than continuing appropriations) or
            provides an increase or decrease in revenues for a fiscal year
            (or fiscal years), the statement of managers accompanying such
            conference report shall contain the information described in
            paragraph (1), if available on a timely basis. If such
            information is not available when the conference report is
            filed, the committee shall make such information available to
            Members as soon as practicable prior to the consideration of
            such conference report.

      (b) Up-To-Date Tabulations of Congressional Budget Action.--
              (1) The Director of the Congressional Budget Office shall
            issue to the committees of the House of Representatives and the
            Senate reports on at least a monthly basis detailing and
            tabulating the progress of congressional action on bills and
            joint resolutions providing new budget authority or providing an
            increase or decrease in revenues or tax expenditures for each
            fiscal year covered by a concurrent resolution on the budget.
            Such reports shall include but are not limited to an up-to-date
            tabulation comparing the appropriate aggregate and functional
            levels (including outlays) included in the most recently adopted
            concurrent resolution on the budget with the levels provided in
            bills and joint resolutions reported by committees or adopted by
            either House or by the Congress, and with the levels provided by
            law for the fiscal year preceding the first fiscal year covered
            by the appropriate concurrent resolution.

    [[Page [996]]]

              (2) The Committee on the Budget of each House shall make
            available to Members of its House summary budget scorekeeping
            reports. Such reports--
                      (A) shall be made available on at least a monthly
                    basis, but in any case frequently enough to provide
                    Members of each House an accurate representation of the
                    current status of congressional consideration of the
                    budget;
                      (B) shall include, but are not limited to summaries of
                    tabulations provided under subsection (b)(1); and
                      (C) shall be based on information provided under
                    subsection (b)(1) without substantive revision.
    The chairman of the Committee on the Budget of the House of
    Representatives shall submit such reports to the Speaker.

      (c) Five-Year Projection of Congressional Budget Act.--As soon as
    practicable after the beginning of each fiscal year, the Director of the
    Congressional Budget Office shall issue a report projecting for the
    period of 5 fiscal years beginning with such fiscal year--
              (1) total new budget authority and total budget outlays for
            each fiscal year in such period;
              (2) revenues to be received and the major sources thereof, and
            the surplus or deficit, if any, for each fiscal year in such
            period;
              (3) tax expenditures for each fiscal year in such period; and
              (4) entitlement authority for each fiscal year in such period.

      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) expanded the scope of subsection (a) to apply not only
    to reports on legislation providing budget authority and tax
    expenditures but also to reports on legislation providing new spending
    authority, new credit authority, and changes in revenues. That law also
    added the requirement that the same information be available to Members
    prior to consideration of conference reports or amendments in
    disagreement on such legislation, as well as subsections (b) and (c).
    The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) made
    conforming changes to subsections (a) and (b) to reflect the advent of
    five-year budget resolutions. Certain technical and conforming changes
    were made to this section by the Budget Enforcement Act of 1997 (sec.
    10110, P.L. 105-33).
      Section 308(a)(1) does not apply either to the consideration or to the
    adoption of a special order reported from the Committee on Rules ``self-

    [[Page [997]]]

    executing'' the adoption in the House of an amendment providing new
    budget authority, since the amendment is not separately before the House
    during consideration of the special order (but only when the bill of
    which it becomes a part is before the House), and since it is the
    amendment itself, and not the special order resolution, that provides
    the new budget authority (Feb. 24, 1993, p. 3543). A committee cost
    estimate identifying certain spending authority as recurring annually
    and indefinitely was held necessarily to address the five-year period
    required by this section (Nov. 20, 1993, p. 31354).

                  house approval of regular appropriation bills

      Sec. 309. It shall not be in order in the House of Representatives to
    consider any resolution providing for an adjournment period of more than
    three calendar days during the month of July until the House of
    Representatives has approved annual appropriation bills providing new
    budget authority under the jurisdiction of all the subcommittees of the
    Committee on Appropriations for the fiscal year beginning on October 1
    of such year. For purposes of this section, the chairman of the
    Committee on Appropriations of the House of Representatives shall
    periodically advise the Speaker as to changes in jurisdiction among its
    various subcommittees.

      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) added this section. See also section 310(f), infra.

                                 reconciliation

      Sec. 310. (a) Inclusion of Reconciliation Directives in Concurrent
    Resolutions on the Budget.--A concurrent resolution on the budget for
    any fiscal year, to the extent necessary to effectuate the provisions
    and requirements of such resolution, shall--
              (1) specify the total amount by which--
                      (A) new budget authority for such fiscal year;
                      (B) budget authority initially provided for prior
                    fiscal years;
                      (C) new entitlement authority which is to become
                    effective during such fiscal year; and
                      (D) credit authority for such fiscal year,
            contained in laws, bills, and resolutions within the
            jurisdiction of a committee is to be changed and direct that
            committee to determine and recommend changes to accomplish a
            change of such total amount;
              (2) specify the total amount by which revenues are to be
            changed and direct that the committees having

    [[Page [998]]]

            jurisdiction to determine and recommend changes in the revenue
            laws, bills, and resolutions to accomplish a change of such
            total amount;
              (3) specify the amounts by which the statutory limit on the
            public debt is to be changed and direct the committee having
            jurisdiction to recommend such change; or
              (4) specify and direct any combination of the matters
            described in paragraphs (1), (2), and (3) (including a direction
            to achieve deficit reduction).

      (b) Legislative Procedure.--If a concurrent resolution containing
    directives to one or more committees to determine and recommend changes
    in laws, bills, or resolutions is agreed to in accordance with
    subsection (a), and--
              (1) only one committee of the House or the Senate is directed
            to determine and recommend changes, that committee shall
            promptly make such determination and recommendations and report
            to its House reconciliation legislation containing such
            recommendations; or
              (2) more than one committee of the House or the Senate is
            directed to determine and recommend changes, each such committee
            so directed shall promptly make such determination and
            recommendations and submit such recommendations to the Committee
            on the Budget of its House, which upon receiving all such
            recommendations, shall report to its House reconciliation
            legislation carrying out all such recommendations without any
            substantive revision.
    For purposes of this subsection, a reconciliation resolution is a
    concurrent resolution directing the Clerk of the House of
    Representatives or the Secretary of the Senate, as the case may be, to
    make specified changes in bills and resolutions which have not been
    enrolled.

      (c) Compliance With Reconciliation Directions.--(1) Any committee of
    the House of Representatives or the Senate that is directed, pursuant to
    a concurrent resolution on the budget, to determine and recommend
    changes of the type described in paragraphs (1) and (2) of subsection
    (a) with respect to laws within its jurisdiction, shall be deemed to
    have complied with such directions--
              (A) if--
                      (i) the amount of the changes of the type described in
                    paragraph (1) of such subsection recommended by such
                    committee do not exceed or fall below the amount of the
                    changes such com

    [[Page [999]]]

                    mittee was directed by such concurrent resolution to
                    recommend under that paragraph by more than--
                            (I) in the Senate, 20 percent of the total of
                        the amounts of the changes such committee was
                        directed to make under paragraphs (1) and (2) of
                        such subsection; or
                            (II) in the House of Representatives, 20 percent
                        of the sum of the absolute value of the changes the
                        committee was directed to make under paragraph (1)
                        and the absolute value of the changes the committee
                        was directed to make under paragraph (2); and
                      (ii) the amount of the changes of the type described
                    in paragraph (2) of such subsection recommended by such
                    committee do not exceed or fall below the amount of the
                    changes such committee was directed by such concurrent
                    resolution to recommend under that paragraph by more
                    than--
                            (I) in the Senate, 20 percent of the total of
                        the amounts of the changes such committee was
                        directed to make under paragraphs (1) and (2) of
                        such subsection; or
                            (II) in the House of Representatives, 20 percent
                        of the sum of the absolute value of the changes the
                        committee was directed to make under paragraph (1)
                        and the absolute value of the changes the committee
                        was directed to make under paragraph (2); and
              (B) if the total amount of the changes recommended by such
            committee is not less than the total of the amounts of the
            changes such committee was directed to make under paragraphs (1)
            and (2) of such subsection.
              (2)(A) Upon the reporting to the Committee on the Budget of
            the Senate of a recommendation that shall be deemed to have
            complied with such directions solely by virtue of this
            subsection, the chairman of that committee may file with the
            Senate appropriately revised allocations under section 302(a)
            and revised functional levels and aggregates to carry out this
            subsection.
                  (B) Upon the submission to the Senate of a conference
                report recommending a reconciliation bill or resolution in
                which a committee shall be deemed to

    [[Page [1000]]]

                have complied with such directions solely by virtue of this
                subsection, the chairman of the Committee on the Budget of
                the Senate may file with the Senate appropriately revised
                allocations under section 302(a) and revised functional
                levels and aggregates to carry out this subsection.
                  (C) Allocations, functional levels, and aggregates revised
                pursuant to this paragraph shall be considered to be
                allocations, functional levels, and aggregates contained in
                the concurrent resolution on the budget pursuant to section
                301.
                  (D) Upon the filing of revised allocations pursuant to
                this paragraph, the reporting committee shall report revised
                allocations pursuant to section 302(b) to carry out this
                subsection.

      (d) Limitation on Amendments to Reconciliation Bills and
    Resolutions.--
              (1) It shall not be in order in the House of Representatives
            to consider any amendment to a reconciliation bill or
            reconciliation resolution if such amendment would have the
            effect of increasing any specific budget outlays above the level
            of such outlays provided in the bill or resolution (for the
            fiscal years covered by the reconciliation instructions set
            forth in the most recently agreed to concurrent resolution on
            the budget), or would have the effect of reducing any specific
            Federal revenues below the level of such revenues provided in
            the bill or resolution (for such fiscal years), unless such
            amendment makes at least an equivalent reduction in other
            specific budget outlays, an equivalent increase in other
            specific Federal revenues, or an equivalent combination thereof
            (for such fiscal years), except that a motion to strike a
            provision providing new budget authority or new entitlement
            authority may be in order.
              (2) It shall not be in order in the Senate to consider any
            amendment to a reconciliation bill or reconciliation resolution
            if such amendment would have the effect of decreasing any
            specific budget outlay reductions below the level of such outlay
            reductions provided (for the fiscal years covered) in the
            reconciliation instructions which relate to such bill or
            resolution set forth in a resolution providing for
            reconciliation, or would have the effect of reducing Federal
            revenue increases below the level of such revenue increases
            provided (for such fiscal years) in such in

    [[Page [1001]]]

            structions relating to such bill or resolution, unless such
            amendment makes a reduction in other specific budget outlays, an
            increase in other specific Federal revenues, or a combination
            thereof (for such fiscal years) at least equivalent to any
            increase in outlays or decrease in revenues provided by such
            amendment, except that a motion to strike a provision shall
            always be in order.
              (3) Paragraphs (1) and (2) shall not apply if a declaration of
            war by the Congress is in effect.
              (4) For purposes of this section, the levels of budget outlays
            and Federal revenues for a fiscal year shall be determined on
            the basis of estimates made by the Committee on the Budget of
            the House of Representatives or of the Senate, as the case may
            be.
              (5) The Committee on Rules of the House of Representatives may
            make in order amendments to achieve changes specified by
            reconciliation directives contained in a concurrent resolution
            on the budget if a committee or committees of the House fail to
            submit recommended changes to its Committee on the Budget
            pursuant to its instruction.
      (e) Procedure in the Senate.--
              (1) Except as provided in paragraph (2), the provisions of
            section 305 for the consideration in the Senate of concurrent
            resolutions on the budget and conference reports thereon shall
            also apply to the consideration in the Senate of reconciliation
            bills reported under subsection (b) and conference reports
            thereon.
              (2) Debate in the Senate on any reconciliation bill reported
            under subsection (b), and all amendments thereto and debatable
            motions and appeals in connection therewith, shall be limited to
            not more than 20 hours.

      (f) Completion of Reconciliation Process.--It shall not be in order in
    the House of Representatives to consider any resolution providing for an
    adjournment period of more than three calendar days during the month of
    July until the House of Representatives has completed action on the
    reconciliation legislation for the fiscal year beginning on October 1 of
    the calendar year to which the adjournment resolution pertains, if
    reconciliation legislation is required to be reported by the concurrent
    resolution on the budget for such fiscal year.
      (g) Limitation on Changes to the Social Security Act.--Notwithstanding
    any other provision of law, it shall

    [[Page [1002]]]

    not be in order in the Senate or the House of Representatives to
    consider any reconciliation bill or reconciliation resolution reported
    pursuant to a concurrent resolution on the budget agreed to under
    section 301 or 304, or a joint resolution pursuant to section 258C of
    the Balanced Budget and Emergency Deficit Control Act of 1985, or any
    amendment thereto or conference report thereon, that contains
    recommendations with respect to the old-age, survivors, and disability
    insurance program established under title II of the Social Security Act.

      Until the enactment of the Balanced Budget and Emergency Deficit
    Control Act of 1985 (tit. II, P.L. 99-177) this section required the
    Congress to complete action on a concurrent resolution on the budget,
    normally the second for that fiscal year, reaffirming or revising the
    most recently agreed to concurrent resolution on the budget. It also
    permitted the second budget resolution to implement the reconciliation
    process (instructions to committees to make changes in law necessary to
    achieve the changes in spending or revenues contemplated by the budget
    resolution). The Balanced Budget and Emergency Deficit Control Act of
    1985 (tit. II, P.L. 99-177) amended subsection (a) to eliminate the
    requirement for subsequent budget resolutions and specified the
    reconciliation process in greater detail by adding paragraph (1)(D) to
    subsection (a) along with new subsections (b) through (g). The Budget
    Enforcement Act of 1990 (tit. XIII, P.L. 101-508) amended subsection
    (c), relating to adjustments to allocations in the Senate, and deleted
    from subsection (f) a June 15 deadline for congressional action on
    reconciliation. The Budget Enforcement Act of 1997 (sec. 10111, P.L.
    105-33) amended section 310(c)(1)(A) to clarify that committees, in
    meeting their reconciliation targets, may alternatively substitute
    revenue and spending changes by up to 20 percent of the sum of the
    absolute value of reconciled changes as long as the result does not
    increase the deficit relative to the reconciliation instructions.

          budget-related legislation must be within appropriate levels

      Sec. 311. (a) Enforcement of Budget Aggregates.--
              (1) In the house of representatives.--Except as provided by
            subsection (c), after the Congress has completed action on a
            concurrent resolution on the budget for a fiscal year, it shall
            not be in order in the House of Representatives to consider any
            bill, joint resolution, amendment, motion, or conference report
            providing new budget authority or reducing revenues, if--
                      (A) the enactment of that bill or resolution as
                    reported;

    [[Page [1003]]]

                      (B) the adoption and enactment of that amendment; or
                      (C) the enactment of that bill or resolution in the
                    form recommended in that conference report;
            would cause the level of total new budget authority or total
            outlays set forth in the applicable concurrent resolution on the
            budget for the first fiscal year to be exceeded, or would cause
            revenues to be less than the level of total revenues set forth
            in that concurrent resolution for the first fiscal year or for
            the total of that first fiscal year and the ensuing fiscal years
            for which allocations are provided under section 302(a), except
            when a declaration of war by the Congress is in effect.
              (2) In the senate.--After a concurrent resolution on the
            budget is agreed to, it shall not be in order in the Senate to
            consider any bill, joint resolution, amendment, motion, or
            conference report that--
                      (A) would cause the level of total new budget
                    authority or total outlays set forth for the first
                    fiscal year in the applicable resolution to be exceeded;
                    or
                      (B) would cause revenues to be less than the level of
                    total revenues set forth for that first fiscal year or
                    for the total of that first fiscal year and the ensuing
                    fiscal years in the applicable resolution for which
                    allocations are provided under section 302(a).
              (3) Enforcement of social security levels in the senate.--
            After a concurrent resolution on the budget is agreed to, it
            shall not be in order in the Senate to consider any bill, joint
            resolution, amendment, motion, or conference report that would
            cause a decrease in social security surpluses or an increase in
            social security deficits relative to the levels set forth in the
            applicable resolution for the first fiscal year or for the total
            of that fiscal year and the ensuing fiscal years for which
            allocations are provided under section 302(a).
      (b) Social Security Levels.--
              (1) In general.--For purposes of subsection (a)(3), social
            security surpluses equal the excess of social security revenues
            over social security outlays in a fiscal year or years with such
            an excess and social security deficits equal the excess of
            social security outlays over social security revenues in a
            fiscal year or years with such an excess.

    [[Page [1004]]]

              (2) Tax treatment.--For purposes of subsection (a)(3), no
            provision of any legislation involving a change in chapter 1 of
            the Internal Revenue Code of 1986 shall be treated as affecting
            the amount of social security revenues or outlays unless that
            provision changes the income tax treatment of social security
            benefits.
      (c) Exception in the House of Representatives.--Subsection (a)(1)
    shall not apply in the House of Representatives to any bill, joint
    resolution, or amendment that provides new budget authority for a fiscal
    year or to any conference report on any such bill or resolution, if--
              (1) the enactment of that bill or resolution as reported;
              (2) the adoption and enactment of that amendment; or
              (3) the enactment of that bill or resolution in the form
            recommended in that conference report;
    would not cause the appropriate allocation of new budget authority made
    pursuant to section 302(a) for that fiscal year to be exceeded.

      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) amended
    subsection (a) by: (1) standardizing its application to any bill, joint
    resolution, amendment, motion, or conference report; (2) adding the
    exception for the case of a declaration of war; and (3) adding a new
    paragraph (2) relating to Senate procedure. The Balanced Budget and
    Emergency Deficit Control Act of 1985 (tit. II, P.L. 99-177) made
    important changes in this section by codifying in subsection (b) the
    exception for the House that previously had appeared in the budget
    resolution, and by adding subsection (c). The Budget Enforcement Act of
    1997 (sec. 10112, P.L. 105-33) further amended this section by: (1)
    eliminating references to ``new entitlement authority''; (2) modifying
    Senate procedure; and (3) enforcing the revenue level for the same
    multiyear period covered by the allocations under section 302(a).
      A point of order under section 311(a) operates with respect to a bill
    or joint resolution in reported state and thus does not lie against
    consideration of an unreported measure (Mar. 21, 1995, p. 8491). The
    House has adopted resolutions to deem budget resolutions, or portions
    thereof, to be in place for temporary enforcement (July 24, 1985, p.
    20181; June 19, 1990, p. 14612; June 19, 1998, p. ----; sec. 2(a)(1), H.
    Res. 5, Jan. 6, 1999, p. ----; H. Res. 427, 107th Cong., May 22, 2002,
    p. ----; sec. 3(a)(4), H. Res. 5, Jan. 7, 2003, p. ----).
      To an appropriation bill already containing new budget outlays in
    excess of the total level permitted by the second concurrent resolution
    on the budget for that fiscal year, where the bill was considered under
    a waiver of section 311(a) of the Budget Act, an amendment striking out
    a proposed

    [[Page [1005]]]

    rescission of existing budget authority which had the effect of causing
    the net total of new budget authority in the bill to be increased was
    ruled out in the House as in violation of section 311(a), as further
    exceeding the total budget outlay ceiling in the second concurrent
    resolution on the budget (May 12, 1981, pp. 9314-15). An amendment that
    provides no new budget authority or outlays but instead results in
    outlay savings is not subject to a point of order under section 311(a)
    (June 30, 1987, p. 18308).
      The Chair relied on estimates furnished by the Budget Committee to
    hold that a motion to amend a Senate amendment providing new budget
    authority for official mail costs to be available immediately violated
    section 311(a) since the appropriate level of new budget authority
    contained in the budget resolution had already been exceeded and since
    the Appropriations Committee had exceeded its section 302(a) allocation
    (thereby rendering the section 311(b) exception inapplicable) (Sept. 28,
    1989, p. 22267).
      In the Senate, the Chair sustained a point of order (later withdrawn)
    against an amendment that had the effect of reducing revenues for fiscal
    year 1977 below the total level of revenues contained in the final
    concurrent resolution on the budget for that year, in violation of
    section 311(a) (Oct. 1, 1976, p. 34557). Similarly, a motion in the
    Senate to recommit a bill with instructions to report it back with an
    amendment to the Internal Revenue Code delaying the implementation of
    withholding on interest and dividends was held (in response to a
    parliamentary inquiry) to be subject to a point of order since the
    amendment would cause revenues to be less than the appropriate level
    provided in the budget resolution for that year (where S. Con. Res. 92
    of the 97th Congress, the first budget resolution for fiscal year 1985,
    provided that if a second budget resolution was not adopted by October
    1, 1982, then section 311 would be enforced based on the aggregate
    figures contained in that resolution) (Apr. 20, 1983, pp. 9131, 9151). A
    point of order was sustained (and upheld on appeal) in the Senate
    against consideration of an amendment reducing the amount of a
    rescission of appropriated funds where the effect was to increase the
    net amount of total budget outlays contained in the bill to a level
    which, when taken together with other spending actions already completed
    by Congress, exceeded the total amount of budget outlays provided for
    the current fiscal year in the third budget resolution, in violation of
    section 311 (June 27, 1980, pp. 17478, 17479). Also in the Senate, to a
    bill making comprehensive changes in the Social Security Act being
    considered at a time when the revenue floor established by the second
    concurrent resolution on the budget for that fiscal year had already
    been breached, an amendment to the Internal Revenue Code to delay
    interest and dividend withholding during that fiscal year was held to
    constitute a further revenue reduction and to violate section 311 (Vice
    President Bush, Mar. 22, 1983, p. 6573). An amendment in the Senate to a
    Defense Department authorization bill, providing a new entitlement
    program of educational assistance to members and veterans of the armed
    forces, to become effective in a future fiscal year or at any earlier
    time if so determined by the President,

    [[Page [1006]]]

    was held to allow new entitlement spending for the current fiscal year
    and to breach the applicable budget total, in violation of section 311
    (July 13, 1983, p. 19018).

                       determinations and points of order

      Sec. 312. (a) Budget Committee Determinations.--For purposes of this
    title and title IV, the levels of new budget authority, outlays, direct
    spending, new entitlement authority, and revenues for a fiscal year
    shall be determined on the basis of estimates made by the Committee on
    the Budget of the House of Representatives or the Senate, as applicable.
      (b) Discretionary Spending Point of Order in the Senate.--
              (1) In general.--Except as otherwise provided in this
            subsection, it shall not be in order in the Senate to consider
            any bill or resolution (or amendment, motion, or conference
            report on that bill or resolution) that would exceed any of the
            discretionary spending limits in section 251(c) of the Balanced
            Budget and Emergency Deficit Control Act of 1985.
              (2) Exceptions.--This subsection shall not apply if a
            declaration of war by the Congress is in effect or if a joint
            resolution pursuant to section 258 of the Balanced Budget and
            Emergency Deficit Control Act of 1985 has been enacted.
      (c) Maximum Deficit Amount Point of Order in the Senate.--It shall not
    be in order in the Senate to consider any concurrent resolution on the
    budget for a fiscal year, or to consider any amendment to that
    concurrent resolution, or to consider a conference report on that
    concurrent resolution, if--
              (1) the level of total outlays for the first fiscal year set
            forth in that concurrent resolution or conference report
            exceeds; or
              (2) the adoption of that amendment would result in a level of
            total outlays for that fiscal year that exceeds;
    the recommended level of Federal revenues for that fiscal year, by an
    amount that is greater than the maximum deficit amount, if any,
    specified in the Balanced Budget and Emergency Deficit Control Act of
    1985 for that fiscal year.
      (d) Timing of Points of Order in the Senate.--A point of order under
    this Act may not be raised against a bill, resolution, amendment,
    motion, or conference report

    [[Page [1007]]]

    while an amendment or motion, the adoption of which would remedy the
    violation of this Act, is pending before the Senate.
      (e) Points of Order in the Senate Against Amendments Between the
    Houses.--Each provision of this Act that establishes a point of order
    against an amendment also establishes a point of order in the Senate
    against an amendment between the Houses. If a point of order under this
    Act is raised in the Senate against an amendment between the Houses and
    the point of order is sustained, the effect shall be the same as if the
    Senate had disagreed to the amendment.
      (f) Effect of a Point of Order in the Senate.--In the Senate, if a
    point of order under this Act against a bill or resolution is sustained,
    the Presiding Officer shall then recommit the bill or resolution to the
    committee of appropriate jurisdiction for further consideration.

      Section 312 was added by the Budget Enforcement Act of 1990 (tit.
    XIII, P.L. 101-508). The section was amended by the Budget Enforcement
    Act of 1997 (sec. 10113, P.L. 105-33) to: (1) clarify the responsibility
    of the Budget Committee to provide estimates to the Chair upon which
    points of order under the Congressional Budget Act are evaluated; and
    (2) modify Senate procedure. The concurrent resolution on the budget for
    fiscal year 2000 included a point of order against consideration in the
    House or Senate of a concurrent resolution on the budget for fiscal year
    2001, or any amendment thereto or conference report thereon, that sets
    forth a deficit for any fiscal year (as determined by the Budget
    Committee) (sec. 201, H. Con. Res. 68, 106th Cong., Apr. 13, 1999, p. --
    --).

                 extraneous matter in reconciliation legislation

      Sec. 313. (a) In General.--When the Senate is considering a
    reconciliation bill or a reconciliation resolution pursuant to section
    310 (whether that bill or resolution originated in the Senate or the
    House) or section 258C of the Balanced Budget and Emergency Deficit
    Control Act of 1985, upon a point of order being made by any Senator
    against material extraneous to the instructions to a committee which is
    contained in any title or provision of the bill or resolution or offered
    as an amendment to the bill or resolution, and the point of order is
    sustained by the Chair, any part of said title or provision that
    contains material extraneous to the instructions to said Committee as
    defined in subsection (b) shall be deemed stricken from the bill and may
    not be offered as an amendment from the floor.

    [[Page [1008]]]

      (b) Extraneous Provisions.--(1)(A) Except as provided in paragraph
    (2), a provision of a reconciliation bill or reconciliation resolution
    considered pursuant to section 310 shall be considered extraneous if
    such provision does not produce a change in outlays or revenue,
    including changes in outlays and revenues brought about by changes in
    the terms and conditions under which outlays are made or revenues are
    required to be collected (but a provision in which outlay decreases or
    revenue increases exactly offset outlay increases or revenue decreases
    shall not be considered extraneous by virtue of this subparagraph); (B)
    any provision producing an increase in outlays or decrease in revenues
    shall be considered extraneous if the net effect of provisions reported
    by the Committee reporting the title containing the provision is that
    the Committee fails to achieve its reconciliation instructions; (C) a
    provision that is not in the jurisdiction of the Committee with
    jurisdiction over said title or provision shall be considered
    extraneous; (D) a provision shall be considered extraneous if it
    produces changes in outlays or revenues which are merely incidental to
    the non-budgetary components of the provision; (E) a provision shall be
    considered to be extraneous if it increases, or would increase, net
    outlays, or if it decreases, or would decrease, revenues during a fiscal
    year after the fiscal years covered by such reconciliation bill or
    reconciliation resolution, and such increases or decreases are greater
    than outlay reductions or revenue increases resulting from other
    provisions in such title in such year; and (F) a provision shall be
    considered extraneous if it violates section 310(g).
      (2) A Senate-originated provision shall not be considered extraneous
    under paragraph (1)(A) if the Chairman and Ranking Minority Member of
    the Committee on the Budget and the Chairman and Ranking Minority Member
    of the Committee which reported the provision certify that: (A) the
    provision mitigates direct effects clearly attributable to a provision
    changing outlays or revenue and both provisions together produce a net
    reduction in the deficit; (B) the provision will result in a substantial
    reduction in outlays or a substantial increase in revenues during fiscal
    years after the fiscal years covered by the reconciliation bill or
    reconciliation resolution; (C) a reduction of outlays or an increase in
    revenues is likely to occur as a result of the provision, in the event
    of new regulations authorized by the provision or likely to be proposed,
    court rulings on pending litigation, or relationships between eco

    [[Page [1009]]]

    nomic indices and stipulated statutory triggers pertaining to the
    provision, other than the regulations, court rulings or relationships
    currently projected by the Congressional Budget Office for scorekeeping
    purposes; or (D) such provision will be likely to produce a significant
    reduction in outlays or increase in revenues but, due to insufficient
    data, such reduction or increase cannot be reliably estimated.
      (3) A provision reported by a committee shall not be considered
    extraneous under paragraph (1)(C) if (A) the provision is an integral
    part of a provision or title, which if introduced as a bill or
    resolution would be referred to such committee, and the provision sets
    forth the procedure to carry out or implement the substantive provisions
    that were reported and which fall within the jurisdiction of such
    committee; or (B) the provision states an exception to, or a special
    application of, the general provision or title of which it is a part and
    such general provision or title if introduced as a bill or resolution
    would be referred to such committee.

      (c) Extraneous Materials.--Upon the reporting or discharge of a
    reconciliation bill or resolution pursuant to section 310 in the Senate,
    and again upon the submission of a conference report on such a
    reconciliation bill or resolution, the Committee on the Budget of the
    Senate shall submit for the record a list of material considered to be
    extraneous under subsections (b)(1)(A), (b)(1)(B), and (b)(1)(E) of this
    section to the instructions of a committee as provided in this section.
    The inclusion or exclusion of a provision shall not constitute a
    determination of extraneousness by the Presiding Officer of the Senate.

      (d) Conference Reports.--When the Senate is considering a conference
    report on, or an amendment between the Houses in relation to, a
    reconciliation bill or reconciliation resolution pursuant to section
    310, upon--
              (1) a point of order being made by any Senator against
            extraneous material meeting the definition of subsections
            (b)(1)(A), (b)(1)(B), (b)(1)(D), (b)(1)(E), or (b)(1)(F), and
              (2) such point of order being sustained,
    such material contained in such conference report or amendment shall be
    deemed stricken, and the Senate shall proceed, without intervening
    action or motion, to consider the question of whether the Senate shall
    recede from its amendment and concur with a further amend

    [[Page [1010]]]

    ment, or concur in the House amendment with a further amendment, as the
    case may be, which further amendment shall consist of only that portion
    of the conference report or House amendment, as the case may be, not so
    stricken. Any such motion in the Senate shall be debatable for two
    hours. In any case in which such point of order is sustained against a
    conference report (or Senate amendment derived from such conference
    report by operation of this subsection), no further amendment shall be
    in order.

      (e) General Point of Order.--Notwithstanding any other law or rule of
    the Senate, it shall be in order for a Senator to raise a single point
    of order that several provisions of a bill, resolution, amendment,
    motion, or conference report violate this section. The Presiding Officer
    may sustain the point of order as to some or all of the provisions
    against which the Senator raised the point of order. If the Presiding
    Officer so sustains the point of order as to some of the provisions
    (including provisions of an amendment, motion, or conference report)
    against which the Senator raised the point of order, then only those
    provisions (including provisions of an amendment, motion, or conference
    report) against which the Presiding Officer sustains the point of order
    shall be deemed stricken pursuant to this section. Before the Presiding
    Officer rules on such a point of order, any Senator may move to waive
    such a point of order as it applies to some or all of the provisions
    against which the point of order was raised. Such a motion to waive is
    amendable in accordance with the rules and precedents of the Senate.
    After the Presiding Officer rules on such a point of order, any Senator
    may appeal the ruling of the Presiding Officer on such a point of order
    as it applies to some or all of the provisions on which the Presiding
    Officer ruled.

      Section 313, popularly known as the ``Byrd Rule,'' was added by the
    Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508). The Budget
    Enforcement Act of 1997 effected a technical correction to this section
    (sec. 10113, P.L. 105-33). Changes in outlays or revenues are not
    rendered incidental under this section simply by their insusceptibility
    to measurement (Aug. 6, 1993, p. 19764).

                                   adjustments

      Sec. 314. (a) Adjustments.--
              (1) In general.--After the reporting of a bill or joint
            resolution, the offering of an amendment thereto,

    [[Page [1011]]]

            or the submission of a conference report thereon, the chairman
            of the Committee on the Budget of the House of Representatives
            or the Senate shall make the adjustments set forth in paragraph
            (2) for the amount of new budget authority in that measure (if
            that measure meets the requirements set forth in subsection (b))
            and the outlays flowing from that budget authority.
              (2) Matters to be adjusted.--The adjustments referred to in
            paragraph (1) are to be made to--
                      (A) the discretionary spending limits, if any, set
                    forth in the appropriate concurrent resolution on the
                    budget;
                      (B) the allocations made pursuant to the appropriate
                    concurrent resolution on the budget pursuant to section
                    302(a); and
                      (C) the budgetary aggregates as set forth in the
                    appropriate concurrent resolution on the budget.
      (b) Amounts of Adjustments.--The adjustment referred to in subsection
    (a) shall be--
              (1) an amount provided and designated as an emergency
            requirement pursuant to section 251(b)(2)(A) or 252(e) of the
            Balanced Budget and Emergency Deficit Control Act of 1985;
              (2) an amount provided for continuing disability reviews
            subject to the limitations in section 251(b)(2)(C) of that Act;
              (3) for any fiscal year through 2002, an amount provided that
            is the dollar equivalent of the Special Drawing Rights with
            respect to--
                      (A) an increase in the United States quota as part of
                    the International Monetary Fund Eleventh General Review
                    of Quotas (United States Quota); or
                      (B) any increase in the maximum amount available to
                    the Secretary of the Treasury pursuant to section 17 of
                    the Bretton Woods Agreements Act, as amended from time
                    to time (New Arrangements to Borrow);
              (4) an amount provided not to exceed $1,884,000,000 for the
            period of fiscal years 1998 through 2000 for arrearages for
            international organizations, international peacekeeping, and
            multilateral development banks;
              (5) an amount provided for an earned income tax credit
            compliance initiative but not to exceed--

    [[Page [1012]]]

                      (A) with respect to fiscal year 1998, $138,000,000 in
                    new budget authority;
                      (B) with respect to fiscal year 1999, $143,000,000 in
                    new budget authority;
                      (C) with respect to fiscal year 2000, $144,000,000 in
                    new budget authority;
                      (D) with respect to fiscal year 2001, $145,000,000 in
                    new budget authority; and
                      (E) with respect to fiscal year 2002, $146,000,000 in
                    new budget authority; or
              (6) in the case of an amount for adoption incentive payments
            (as defined in section 251(b)(2)(G) of the Balanced Budget and
            Emergency Deficit Control Act of 1985) for fiscal year 1999,
            2000, 2001, 2002, or 2003 for the Department of Health and Human
            Services, an amount not to exceed $20,000,000.
      (c) Application of Adjustments.--The adjustments made pursuant to
    subsection (a) for legislation shall--
              (1) apply while that legislation is under consideration;
              (2) take effect upon the enactment of that legislation; and
              (3) be published in the Congressional Record as soon as
            practicable.
      (d) Reporting Revised Suballocations.--Following any adjustment made
    under subsection (a), the Committees on Appropriations of the Senate and
    the House of Representatives may report appropriately revised
    suballocations under section 302(b) to carry out this section.
      (e) Definitions for CDRs.--As used in subsection (b)(2)--
              (1) the term ``continuing disability reviews'' shall have the
            same meaning as provided in section 251(b)(2)(C)(ii) of the
            Balanced Budget and Emergency Deficit Control Act of 1985; and
              (2) the term ``new budget authority'' shall have the same
            meaning as the term ``additional new budget authority'' and the
            term ``outlays'' shall have the same meaning as ``additional
            outlays'' in that section.

      This section was added by the Budget Enforcement Act of 1997 (sec.
    10114, P.L. 105-33). Subsection (b)(6) was added by the Adoption and
    Safe Families Act of 1997 (sec. 201(b), P.L. 105-89). The concurrent
    resolution on the budget for fiscal year 2004 provided that new budget
    authority, new entitlement authority, outlays, and receipts designated
    as an emergency in bills, joint resolutions, amendments, or conference
    reports are not cognizable under sections 302, 303, 311, and 401 of the
    Budget Act.

    [[Page [1013]]]

    The budget resolution also required to be included in a committee
    report, joint statement of managers, or the Congressional Record an
    explanation of how an emergency item meets certain criteria (sec. 502,
    H. Con. Res. 95, 108th Cong.).

       effect of adoption of a special order of business in the house of
                                 representatives

      Sec. 315. For purposes of a reported bill or joint resolution
    considered in the House of Representatives pursuant to a special order
    of business, the term ``as reported'' in this title or title IV shall be
    considered to refer to the text made in order as an original bill or
    joint resolution for the purpose of amendment or to the text on which
    the previous question is ordered directly to passage, as the case may
    be.

      This section was added by the Budget Enforcement Act of 1997 (sec.
    10115, P.L. 105-33). In the 106th, 107th, and 108th Congresses, the
    House adopted an order to enforce a 303(a) point of order against a
    reported bill or joint resolution considered under a special order of
    business on the basis of text made in order as original text (sec.
    2(a)(3), H. Res. 5, Jan. 6, 1999, p. ----; sec. 3(b)(2), H. Res. 5, Jan.
    3, 2001, p. ----; sec. 3(a)(2), H. Res. 5, Jan. 7, 2003, p. ----).
      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508)
    established a new title VI which placed temporary limits on
    discretionary spending and provided mechanisms for enforcement which
    included those found in title III of the Congressional Budget Act, which
    was extended by the Omnibus Budget Reconciliation Act of 1993 (tit. XIV,
    P.L. 103-66). Title VI was repealed by the Budget Enforcement Act of
    1997 (sec. 10118, P.L. 105-33). For the text of title VI, see the House
    Rules and Manual for the 104th Congress (H. Doc. 103-342).

          TITLE IV--ADDITIONAL PROVISIONS TO IMPROVE FISCAL PROCEDURES

                           Part A--General Provisions

            budget-related legislation not subject to appropriations

      Sec. 401. (a) Controls on Certain Budget-related Legislation Not
    Subject to Appropriations.--It shall not be in order in either the House
    of Representatives or the Senate to consider any bill or joint
    resolution (in the House of Representatives only, as reported),
    amendment, motion, or conference report that provides--

    [[Page [1014]]]

              (1) new authority to enter into contracts under which the
            United States is obligated to make outlays;
              (2) new authority to incur indebtedness (other than
            indebtedness incurred under chapter 31 of title 31 of the United
            States Code) for the repayment of which the United States is
            liable; or
              (3) new credit authority;
    unless that bill, joint resolution, amendment, motion, or conference
    report also provides that the new authority is to be effective for any
    fiscal year only to the extent or in the amounts provided in advance in
    appropriation Acts.
      (b) Legislation Providing New Entitlement Authority.--
              (1) Point of order.--It shall not be in order in either the
            House of Representatives or the Senate to consider any bill or
            joint resolution (in the House of Representatives only, as
            reported), amendment, motion, or conference report that provides
            new entitlement authority that is to become effective during the
            current fiscal year.
              (2) If any committee of the House of Representatives or the
            Senate reports any bill or resolution which provides new
            entitlement authority which is to become effective during a
            fiscal year and the amount of new budget authority which will be
            required for such fiscal year if such bill or resolution is
            enacted as so reported exceeds the appropriate allocation of new
            budget authority reported under section 302(b) in connection
            with the most recently agreed to concurrent resolution on the
            budget for such fiscal year, such bill or resolution shall then
            be referred to the Committee on Appropriations of the Senate or
            may then be referred to the Committee on Appropriations of the
            House, as the case may be, with instructions to report it, with
            the committee's recommendations, within 15 calendar days (not
            counting any day on which that House is not in session)
            beginning with the day following the day on which it is so
            referred. If the Committee on Appropriations of either House
            fails to report a bill or resolution referred to it under this
            paragraph within such 15-day period, the committee shall
            automatically be discharged from further consideration of such
            bill or resolution and such bill or resolution shall be placed
            on the appropriate calendar.
              (3) The Committee on Appropriations of each House shall have
            jurisdiction to report any bill or resolution

    [[Page [1015]]]

            referred to it under paragraph (2) with an amendment which
            limits the total amount of new spending authority provided in
            such bill or resolution.
      (c) Exceptions.--
              (1) Subsections (a) and (b) shall not apply to new authority
            described in those subsections if outlays from that new
            authority [will]\1\ flow--
    ---------------------------------------------------------------------------
      \1\ Paragraph (4)(A) of section 10116(a) of Public Law 105-
    33 amended this provision as shown above. However, the word ``will''
    probably should have appeared in the matter proposed to be stricken by
    that public law.
    ---------------------------------------------------------------------------
                      (A) from a trust fund established by the Social
                    Security Act (as in effect on the date of the enactment
                    of this Act); or
                      (B) from any other trust fund, 90 percent or more of
                    the receipts of which consist or will consist of amounts
                    (transferred from the general fund of the Treasury)
                    equivalent to amounts of taxes (related to the purposes
                    for which such outlays are or will be made) received in
                    the Treasury under specified provisions of the Internal
                    Revenue Code of 1954.
              (2) Subsections (a) and (b) shall not apply to new authority
            described in those subsections to the extent that--
                      (A) the outlays resulting therefrom are made by an
                    organization which is (i) a mixed-ownership Government
                    corporation (as defined in section 201 of the Government
                    Corporation Control Act), or (ii) a wholly owned
                    Government corporation (as defined in section 101 of
                    such Act) which is specifically exempted by law from
                    compliance with any or all of the provisions of that
                    Act, as of the date of enactment of the Balanced Budget
                    and Emergency Deficit Control Act of 1985; or
                      (B) the outlays resulting therefrom consist
                    exclusively of the proceeds of gifts or bequests made to
                    the United States for a specific purpose.

      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) amended subsection (a) by substituting the phrase
    ``spending authority'' for ``contract or borrowing authority'' and
    extended the point of order to conference reports, consistent with House
    precedent. The Balanced Budget and Emergency Deficit Control Act of 1985
    (tit. II, P.L. 99-177) left the subsection entitled ``exceptions''
    intact except to clarify the application of section 401 to Government
    corporations created after December 12, 1985. The Budget Enforcement Act
    of 1990 (tit. XIII, P.L. 101-

    [[Page [1016]]]

    508) amended subsections (a) and (b)(1) to standardize their application
    to any bill, joint resolution, amendment, motion, or conference report.
    The Budget Enforcement Act of 1997 (sec. 10116, P.L. 105-33): (1)
    repealed section 402, collapsing the point of order under that section
    into section 401; (2) repealed the definition of ``new spending
    authority,'' while shifting the definition of new entitlement authority
    to section 3; and (3) converted the mandatory referral of measures
    providing new entitlement authority to the Appropriations Committee to
    discretionary referral of such measures.
      Language in a bill authorizing receipts from loans under certain
    legislation to be made available for designated purposes was held not to
    be ``new spending authority'' which would prohibit the consideration of
    the bill under section 401(a) of the Congressional Budget Act, where it
    was shown from the term ``authorized'' and from the committee report on
    the bill that the amounts of repaid loans must again be appropriated in
    appropriation acts before the funds could be expended (Speaker Albert,
    Sept. 10, 1975, p. 28270). A point of order under section 401(a)
    operates with respect to a bill or joint resolution in reported state
    and thus does not lie against consideration of an unreported measure
    (Mar. 21, 1995, p. 8491). Section 401(a) prohibits the consideration of
    a bill or amendment, including a conference report, containing new
    spending authority to incur indebtedness for the repayment of which the
    United States is primarily liable, the budget authority for which is not
    provided in advance by appropriation acts. Thus a conference report
    authorizing the Secretary of HEW to borrow funds by issuing Government
    notes as a public debt transaction to make payments in connection with
    defaults on loans by medical students, not subject to amounts specified
    in advance by appropriation acts, was ruled out of order as violating
    section 401(a) (Sept. 27, 1976, pp. 32655-704).
      A point of order under section 401(b) operates with respect to a bill
    or joint resolution in reported state and thus does not lie against
    consideration of an unreported measure (Mar. 21, 1995, p. 8491). A
    conference report (filed in 1976 to accompany a bill originally reported
    in the House in calendar year 1975) requiring the Secretary of
    Agriculture to pay a cost of transporting agricultural commodities to
    major disaster areas upon the date of enactment was held to constitute
    new spending ``entitlement'' authority which could become effective
    prior to the fiscal year beginning during the calendar year in which the
    bill had been reported from conference, in violation of section
    401(b)(1), and the conference report was ruled out of order (Speaker
    Albert, Sept. 23, 1976, pp. 3209, 3210). A Senate amendment providing
    new spending ``entitlement'' authority for adjustment assistance under
    the Trade Act of 1974, by requiring the Secretary of Labor to certify a
    new group of workers as eligible beginning on the day prior to the start
    of the ensuing fiscal year, was conceded to violate section 401(b)(1),
    and a motion to concur was ruled out on that point of order (June 26,
    1986, p. 15729). Where an amendment contained new entitlement authority
    in the form of retirement benefits to certain Federal employees,

    [[Page [1017]]]

    the Chair contemplated immediate enactment in his determination that the
    new entitlement authority became effective before the fiscal year
    beginning during the calendar year in which the pending bill was
    reported (May 9, 1995, p. 12178).
      Where a committee had not yet filed with the House a report
    subdividing among its subcommittees or by programs new entitlement
    authority allocated to that committee in the joint statement
    accompanying a conference report on a concurrent resolution on the
    budget, formerly required under section 302(a), the Speaker under
    section 401(b) referred to the Committee on Appropriations for the 15-
    day period a bill reported by that committee which exceeded the total
    entitlement authority allocated to that committee in the joint
    statement, and also referred a subsequent bill reported by that
    committee which contained new entitlement authority (Speaker Albert, May
    17, 1976, p. 14093; Aug. 25, 1976, p. 27775). During the efficacy of
    title VI, section 401(b)(2) had no vitality since that section remained
    linked to section 302 rather than the overriding section 602. Prior to
    consideration of a bill in Committee of the Whole, the Speaker may
    discharge from the Union Calendar and refer to the Committee on
    Appropriations for 15 days, pursuant to section 401(b), a bill which has
    been reported providing new entitlement authority in excess of the total
    amount allocated to the reporting committee (Speaker O'Neill, Sept. 8,
    1977, p. 28153; Sept. 8, 1978, p. 28543) even if the bill was reported
    prior to final adoption of the first budget resolution (Speaker O'Neill,
    July 19, 1978, pp. 21786, 21787; May 21, 1981, p. 10622). A bill
    reported from the Committee on Agriculture amending the Food and
    Agriculture Act to increase certain commodity target prices of 1979
    crops, thereby providing new entitlement authority for fiscal year 1980
    in excess of the amount allocated to that committee under the first
    budget resolution, and a bill reported from the Committee on Ways and
    Means increasing eligibility and payments for child welfare and social
    services under the Social Security Act, providing new entitlement
    authority in excess of the net amount of such authority allocated to
    that committee under the first budget resolution, were discharged from
    the Union Calendar by the Speaker and referred to the Committee on
    Appropriations pursuant to section 401(b) (Speaker O'Neill, June 5,
    1979, p. 13385; June 6, 1979, p. 13665). The Speaker may exercise his
    referral authority under section 401(b), whether or not the committee
    has filed its report under section 302(b) of the Budget Act, where the
    budget authority for the entitlement bill has been assumed in the budget
    resolution and would be included in the committee's 302(b) report, but
    where the budget authority for such bill exceeds the net amount of such
    authority allocated to the reporting committee, because the budget
    resolution assumes the reporting of other legislation, decreasing other
    programs for the year in question, which has not yet been reported
    (Speaker O'Neill, June 6, 1979, p. 13665).
      Although the former definition of new spending authority in section
    401(c)(2) did not include the authority to insure or guarantee the repay

    [[Page [1018]]]

    ment of indebtedness incurred by another person or government (as where
    the authority to incur contractual obligations to insure or guarantee
    another person's debt is a contingent liability of the United States),
    the authority to make payments in connection with defaults which have
    already occurred was conceded to constitute a primary liability of the
    United States to incur indebtedness and to require budget authority in
    advance in appropriation acts (Sept. 27, 1976, pp. 32655-704). A
    provision which requires payments to individuals meeting certain
    qualifications, but which also contains an authorization for
    appropriations to make such payments and a provision that if sums
    appropriated pursuant thereto are insufficient to make payments, then
    payments be ratably reduced to the amounts of appropriations actually
    made, does not constitute new entitlement authority (Sept. 13, 1983, p.
    23884). An amendment establishing a new executive position at
    compensation level II but subjecting its salary to the appropriation
    process was held not to provide new entitlement authority (Mar. 26,
    1992, p. 7203). The 106th Congress adopted a temporary rule excluding
    Federal compensation from the definition of entitlement authority (sec.
    2(a)(2), H. Res. 5, Jan. 6, 1999, p. ----), which expired upon the
    adoption of the budget resolution for fiscal year 2000. The 107th and
    108th Congresses adopted that rule for the entire Congress (sec.
    3(b)(3), H. Res. 5, Jan. 3, 2001, p. ----; sec. 3(a)(3), H. Res. 5, Jan.
    7, 2003, p. ----).
      The former definition of new entitlement authority did not include
    revenue-sharing spending authority in the form of entitlements, as the
    exception from the definition of new spending authority for revenue-
    sharing programs did not apply to new entitlement authority for future
    fiscal years (Speaker Albert, Sept. 30, 1976, pp. 34074-100).

                     analysis by congressional budget office

      Sec. 402. The Director of the Congressional Budget Office shall, to
    the extent practicable, prepare for each bill or resolution of a public
    character reported by any committee of the House of Representatives or
    the Senate (except the Committee on Appropriations of each House), and
    submit to such committee--
              (1) an estimate of the costs which would be incurred in
            carrying out such bill or resolution in the fiscal year in which
            it is to become effective and in each of the 4 fiscal years
            following such fiscal year, together with the basis for each
            such estimate;
              (2) a comparison of the estimates of costs described in
            paragraph (1), with any available estimates of costs made by
            such committee or by any Federal agency; and
              (3) a description of each method for establishing a Federal
            financial commitment contained in such bill or resolution.

    [[Page [1019]]]

    The estimates, comparison, and description so submitted shall be
    included in the report accompanying such bill or resolution if timely
    submitted to such committee before such report is filed.
    * * * * *
      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) amended this section by adding paragraph (4) to
    subsection (a), along with a conforming change to the second sentence of
    that subsection. Public Law 97-108 previously amended section 403 by
    adding subsections (a)(2), (b), and (c). The Unfunded Mandates Reform
    Act of 1995 deleted from this section a requirement that the Director
    estimate costs incurred by State and local governments, in favor of a
    more particularized requirement in section 424, infra (sec. 104, P.L.
    104-4; 109 Stat. 62). The Budget Enforcement Act of 1997 (sec. 10116,
    P.L. 105-33) redesignated this section, formerly section 403, as section
    402. A committee cost estimate identifying certain spending authority as
    recurring annually and indefinitely was held necessarily to address the
    five-year period required by section 308 (Nov. 20, 1993, p. 31354).

      study by the general accounting office of forms of federal financial
              commitment that are not reviewed annually by congress

      Sec. 404. The General Accounting Office shall study those provisions
    of law which provide mandatory spending and report to the Congress its
    recommendations for the appropriate form of financing for activities or
    programs financed by such provisions not later than eighteen months
    after the effective date of this section. Such report shall be revised
    from time to time.

      This section, formerly section 405, was redesignated by the Budget
    Enforcement Act of 1997 (sec. 10116, P.L. 105-33).

                  off-budget agencies, programs, and activities

      Sec. 405. (a) Notwithstanding any other provision of law, budget
    authority, credit authority, and estimates of outlays and receipts for
    activities of the Federal budget which are off-budget immediately prior
    to the date of enactment of this section, not including activities of
    the Federal Old-Age and Survivors Insurance and Federal Disability
    Insurance Trust Funds, shall be included in a budget submitted pursuant
    to section 1105 of title 31, United States Code, and in a concurrent
    resolution on the budget reported pursuant to section 301 or section 304
    of this Act and shall be considered, for purposes of this Act,

    [[Page [1020]]]

    budget authority, outlays, and spending authority in accordance with
    definitions set forth in this Act.
      (b) All receipts and disbursements of the Federal Financing Bank with
    respect to any obligations which are issued, sold, or guaranteed by a
    Federal agency shall be treated as a means of financing such agency for
    purposes of section 1105 of title 31, United States Code, and for
    purposes of this Act.

      This section, formerly section 406, was redesignated by the Budget
    Enforcement Act of 1997 (sec. 10116, P.L. 105-33).

                                member user group

      Sec. 406. The Speaker of the House of Representatives, after
    consulting with the Minority Leader of the House, may appoint a Member
    User Group for the purpose of reviewing budgetary scorekeeping rules and
    practices of the House and advising the Speaker from time to time on the
    effect and impact of such rules and practices.

      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) added sections 405, 406, and 407 as new sections at the
    end of title IV. This section, formerly section 407, was redesignated by
    the Budget Enforcement Act of 1997 (sec. 10116, P.L. 105-33).
    * * * * *

                            Part B--Federal Mandates

    SEC. 421. DEFINITIONS.
      For purposes of this part:
              (1) Agency.--The term ``agency'' has the same meaning as
            defined in section 551(1) of title 5, United States Code, but
            does not include independent regulatory agencies.
              (2) Amount.--The term ``amount'', with respect to an
            authorization of appropriations for Federal financial
            assistance, means the amount of budget authority for any Federal
            grant assistance program or any Federal program providing loan
            guarantees or direct loans.
              (3) Direct costs.--The term ``direct costs''--
                      (A)(i) in the case of a Federal intergovernmental
                    mandate, means the aggregate estimated amounts that all
                    State, local, and tribal governments would be required
                    to spend or would be prohibited from raising in revenues
                    in order to

    [[Page [1021]]]

                    comply with the Federal intergovernmental mandate; or
                      (ii) in the case of a provision referred to in
                    paragraph (5)(A)(ii), means the amount of Federal
                    financial assistance eliminated or reduced;
                      (B) in the case of a Federal private sector mandate,
                    means the aggregate estimated amounts that the private
                    sector will be required to spend in order to comply with
                    the Federal private sector mandate;
                      (C) shall be determined on the assumption that--
                            (i) State, local, and tribal governments, and
                        the private sector will take all reasonable steps
                        necessary to mitigate the costs resulting from the
                        Federal mandate, and will comply with applicable
                        standards of practice and conduct established by
                        recognized professional or trade associations; and
                            (ii) reasonable steps to mitigate the costs
                        shall not include increases in State, local, or
                        tribal taxes or fees; and
                      (D) shall not include--
                            (i) estimated amounts that the State, local, and
                        tribal governments (in the case of a Federal
                        intergovernmental mandate) or the private sector (in
                        the case of a Federal private sector mandate) would
                        spend--

        (I) to comply with or carry out all applicable Federal, State, local,
    and tribal laws and regulations in effect at the time of the adoption of
    the Federal mandate for the same activity as is affected by that Federal
    mandate; or

        (II) to comply with or carry out State, local, and tribal governmental
    programs, or private-sector business or other activities in effect at the
    time of the adoption of the Federal mandate for the same activity as is
    affected by that mandate; or

                            (ii) expenditures to the extent that such
                        expenditures will be offset by any direct savings to
                        the State, local, and tribal governments, or by the
                        private sector, as a result of--

        (I) compliance with the Federal mandate; or

    [[Page [1022]]]

        (II) other changes in Federal law or regulation that are enacted or
    adopted in the same bill or joint resolution or proposed or final Federal
    regulation and that govern the same activity as is affected by the Federal
    mandate.

              (4) Direct savings.--The term ``direct savings'', when used
            with respect to the result of compliance with the Federal
            mandate--
                      (A) in the case of a Federal intergovernmental
                    mandate, means the aggregate estimated reduction in
                    costs to any State, local, or tribal government as a
                    result of compliance with the Federal intergovernmental
                    mandate; and
                      (B) in the case of a Federal private sector mandate,
                    means the aggregate estimated reduction in costs to the
                    private sector as a result of compliance with the
                    Federal private sector mandate.
              (5) Federal intergovernmental mandate.--The term ``Federal
            intergovernmental mandate'' means--
                      (A) any provision in legislation, statute, or
                    regulation that--
                            (i) would impose an enforceable duty upon State,
                        local, or tribal governments, except--

        (I) a condition of Federal assistance; or

        (II) a duty arising from participation in a voluntary Federal program,
    except as provided in subparagraph (B); or

                            (ii) would reduce or eliminate the amount of
                        authorization of appropriations for--

        (I) Federal financial assistance that would be provided to State,
    local, or tribal governments for the purpose of complying with any such
    previously imposed duty unless such duty is reduced or eliminated by a
    corresponding amount; or

        (II) the control of borders by the Federal Government; or reimbursement
    to State, local, or tribal governments for the net cost associated with
    illegal, deportable, and excludable aliens, including court-mandated
    expenses related to emergency health care, education or criminal justice;
    when such a reduction or elimination would result in increased net costs to
    State, local, or tribal governments in providing education or emergency

    [[Page [1023]]]

    health care to, or incarceration of, illegal aliens; except that this
    subclause shall not be in effect with respect to a State, local, or tribal
    government, to the extent that such government has not fully cooperated in
    the efforts of the Federal Government to locate, apprehend, and deport
    illegal aliens;

                      (B) any provision in legislation, statute, or
                    regulation that relates to a then-existing Federal
                    program under which $500,000,000 or more is provided
                    annually to State, local, and tribal governments under
                    entitlement authority, if the provision--
                            (i)(I) would increase the stringency of
                        conditions of assistance to State, local, or tribal
                        governments under the program; or
                            (II) would place caps upon, or otherwise
                        decrease, the Federal Government's responsibility to
                        provide funding to State, local, or tribal
                        governments under the program; and
                            (ii) the State, local, or tribal governments
                        that participate in the Federal program lack
                        authority under that program to amend their
                        financial or programmatic responsibilities to
                        continue providing required services that are
                        affected by the legislation, statute, or regulation.
              (6) Federal mandate.--The term ``Federal mandate'' means a
            Federal intergovernmental mandate or a Federal private sector
            mandate, as defined in paragraphs (5) and (7).
              (7) Federal private sector mandate.--The term ``Federal
            private sector mandate'' means any provision in legislation,
            statute, or regulation that--
                      (A) would impose an enforceable duty upon the private
                    sector except--
                            (i) a condition of Federal assistance; or
                            (ii) a duty arising from participation in a
                        voluntary Federal program; or
                      (B) would reduce or eliminate the amount of
                    authorization of appropriations for Federal financial
                    assistance that will be provided to the private sector
                    for the purposes of ensuring compliance with such duty.
              (8) Local government.--The term ``local government'' has the
            same meaning as defined in section 6501(6) of title 31, United
            States Code.

    [[Page [1024]]]

              (9) Private sector.--The term ``private sector'' means all
            persons or entities in the United States, including individuals,
            partnerships, associations, corporations, and educational and
            nonprofit institutions, but shall not include State, local, or
            tribal governments.
              (10) Regulation; rule.--The term ``regulation'' or ``rule''
            (except with respect to a rule of either House of the Congress)
            has the meaning of ``rule'' as defined in section 601(2) of
            title 5, United States Code.
              (11) Small government.--The term ``small government'' means
            any small governmental jurisdictions defined in section 601(5)
            of title 5, United States Code, and any tribal government.
              (12) State.--The term ``State'' has the same meaning as
            defined in section 6501(9) of title 31, United States Code.
              (13) Tribal government.--The term ``tribal government'' means
            any Indian tribe, band, nation, or other organized group or
            community, including any Alaska Native village or regional or
            village corporation as defined in or established pursuant to the
            Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C.
            1601 et seq.) which is recognized as eligible for the special
            programs and services provided by the United States to Indians
            because of their special status as Indians.
    SEC. 422. EXCLUSIONS.
      This part shall not apply to any provision in a bill, joint
    resolution, amendment, motion, or conference report before Congress
    that--
              (1) enforces constitutional rights of individuals;
              (2) establishes or enforces any statutory rights that prohibit
            discrimination on the basis of race, color, religion, sex,
            national origin, age, handicap, or disability;
              (3) requires compliance with accounting and auditing
            procedures with respect to grants or other money or property
            provided by the Federal Government;
              (4) provides for emergency assistance or relief at the request
            of any State, local, or tribal government or any official of a
            State, local, or tribal government;
              (5) is necessary for the national security or the ratification
            or implementation of international treaty obligations;
              (6) the President designates as emergency legislation and that
            the Congress so designates in statute; or

    [[Page [1025]]]

              (7) relates to the old-age, survivors, and disability
            insurance program under title II of the Social Security Act
            (including taxes imposed by sections 3101(a) and 3111(a) of the
            Internal Revenue Code of 1986 (relating to old-age, survivors,
            and disability insurance).
    SEC. 423. DUTIES OF CONGRESSIONAL COMMITTEES.
      (a) In General.--When a committee of authorization of the Senate or
    the House of Representatives reports a bill or joint resolution of
    public character that includes any Federal mandate, the report of the
    committee accompanying the bill or joint resolution shall contain the
    information required by subsections (c) and (d).
      (b) Submission of Bills to the Director.--When a committee of
    authorization of the Senate or the House of Representatives orders
    reported a bill or joint resolution of a public character, the committee
    shall promptly provide the bill or joint resolution to the Director of
    the Congressional Budget Office and shall identify to the Director any
    Federal mandates contained in the bill or resolution.
      (c) Reports on Federal Mandates.--Each report described under
    subsection (a) shall contain--
              (1) an identification and description of any Federal mandates
            in the bill or joint resolution, including the direct costs to
            State, local, and tribal governments, and to the private sector,
            required to comply with the Federal mandates;
              (2) a qualitative, and if practicable, a quantitative
            assessment of costs and benefits anticipated from the Federal
            mandates (including the effects on health and safety and the
            protection of the natural environment); and
              (3) a statement of the degree to which a Federal mandate
            affects both the public and private sectors and the extent to
            which Federal payment of public sector costs or the modification
            or termination of the Federal mandate as provided under section
            425(a)(2) would affect the competitive balance between State,
            local, or tribal governments and the private sector including a
            description of the actions, if any, taken by the committee to
            avoid any adverse impact on the private sector or the
            competitive balance between the public sector and the private
            sector.
      (d) Intergovernmental Mandates.--If any of the Federal mandates in the
    bill or joint resolution are Federal intergovernmental mandates, the
    report required under subsection (a) shall also contain--

    [[Page [1026]]]

              (1)(A) a statement of the amount, if any, of increase or
            decrease in authorization of appropriations under existing
            Federal financial assistance programs, or of authorization of
            appropriations for new Federal financial assistance, provided by
            the bill or joint resolution and usable for activities of State,
            local, or tribal governments subject to the Federal
            intergovernmental mandates;
              (B) a statement of whether the committee intends that the
            Federal intergovernmental mandates be partly or entirely
            unfunded, and if so, the reasons for that intention; and
              (C) if funded in whole or in part, a statement of whether and
            how the committee has created a mechanism to allocate the
            funding in a manner that is reasonably consistent with the
            expected direct costs among and between the respective levels of
            State, local, and tribal government; and
              (2) any existing sources of Federal assistance in addition to
            those identified in paragraph (1) that may assist State, local,
            and tribal governments in meeting the direct costs of the
            Federal intergovernmental mandates.
      (e) Preemption Clarification and Information.--When a committee of
    authorization of the Senate or the House of Representatives reports a
    bill or joint resolution of public character, the committee report
    accompanying the bill or joint resolution shall contain, if relevant to
    the bill or joint resolution, an explicit statement on the extent to
    which the bill or joint resolution is intended to preempt any State,
    local, or tribal law, and, if so, an explanation of the effect of such
    preemption.
      (f) Publication of Statement From the Director.--
              (1) In general.--Upon receiving a statement from the Director
            under section 424, a committee of the Senate or the House of
            Representatives shall publish the statement in the committee
            report accompanying the bill or joint resolution to which the
            statement relates if the statement is available at the time the
            report is printed.
              (2) Other publication of statement of director.--If the
            statement is not published in the report, or if the bill or
            joint resolution to which the statement relates is expected to
            be considered by the Senate or the House of Representatives
            before the report is published, the committee shall cause the
            statement, or a

    [[Page [1027]]]

            summary thereof, to be published in the Congressional Record in
            advance of floor consideration of the bill or joint resolution.
    SEC. 424. DUTIES OF THE DIRECTOR; STATEMENTS ON BILLS AND JOINT
            RESOLUTIONS OTHER THAN APPROPRIATIONS BILLS AND JOINT
            RESOLUTIONS.
      (a) Federal Intergovernmental Mandates in Reported Bills and
    Resolutions.--For each bill or joint resolution of a public character
    reported by any committee of authorization of the Senate or the House of
    Representatives, the Director of the Congressional Budget Office shall
    prepare and submit to the committee a statement as follows:
              (1) Contents.--If the Director estimates that the direct cost
            of all Federal intergovernmental mandates in the bill or joint
            resolution will equal or exceed $50,000,000 (adjusted annually
            for inflation) in the fiscal year in which any Federal
            intergovernmental mandate in the bill or joint resolution (or in
            any necessary implementing regulation) would first be effective
            or in any of the 4 fiscal years following such fiscal year, the
            Director shall so state, specify the estimate, and briefly
            explain the basis of the estimate.
              (2) Estimates.--Estimates required under paragraph (1) shall
            include estimates (and brief explanations of the basis of the
            estimates) of--
                      (A) the total amount of direct cost of complying with
                    the Federal intergovernmental mandates in the bill or
                    joint resolution;
                      (B) if the bill or resolution contains an
                    authorization of appropriations under section
                    425(a)(2)(B), the amount of new budget authority for
                    each fiscal year for a period not to exceed 10 years
                    beyond the effective date necessary for the direct cost
                    of the intergovernmental mandate; and
                      (C) the amount, if any, of increase in authorization
                    of appropriations under existing Federal financial
                    assistance programs, or of authorization of
                    appropriations for new Federal financial assistance,
                    provided by the bill or joint resolution and usable by
                    State, local, or tribal governments for activities
                    subject to the Federal intergovernmental mandates.
              (3) Estimate not feasible.--If the Director determines that it
            is not feasible to make a reasonable estimate that would be
            required under paragraphs (1)

    [[Page [1028]]]

            and (2), the Director shall not make the estimate, but shall
            report in the statement that the reasonable estimate cannot be
            made and shall include the reasons for that determination in the
            statement. If such determination is made by the Director, a
            point of order under this part shall lie only under section
            425(a)(1) and as if the requirement of section 425(a)(1) had not
            been met.
      (b) Federal Private Sector Mandates in Reported Bills and Joint
    Resolutions.--For each bill or joint resolution of a public character
    reported by any committee of authorization of the Senate or the House of
    Representatives, the Director of the Congressional Budget Office shall
    prepare and submit to the committee a statement as follows:
              (1) Contents.--If the Director estimates that the direct cost
            of all Federal private sector mandates in the bill or joint
            resolution will equal or exceed $100,000,000 (adjusted annually
            for inflation) in the fiscal year in which any Federal private
            sector mandate in the bill or joint resolution (or in any
            necessary implementing regulation) would first be effective or
            in any of the 4 fiscal years following such fiscal year, the
            Director shall so state, specify the estimate, and briefly
            explain the basis of the estimate.
              (2) Estimates.--Estimates required under paragraph (1) shall
            include estimates (and a brief explanation of the basis of the
            estimates) of--
                      (A) the total amount of direct costs of complying with
                    the Federal private sector mandates in the bill or joint
                    resolution; and
                      (B) the amount, if any, of increase in authorization
                    of appropriations under existing Federal financial
                    assistance programs, or of authorization of
                    appropriations for new Federal financial assistance,
                    provided by the bill or joint resolution usable by the
                    private sector for the activities subject to the Federal
                    private sector mandates.
              (3) Estimate not feasible.--If the Director determines that it
            is not feasible to make a reasonable estimate that would be
            required under paragraphs (1) and (2), the Director shall not
            make the estimate, but shall report in the statement that the
            reasonable estimate cannot be made and shall include the reasons
            for that determination in the statement.

    [[Page [1029]]]

      (c) Legislation Falling Below the Direct Costs Thresholds.--If the
    Director estimates that the direct costs of a Federal mandate will not
    equal or exceed the thresholds specified in subsections (a) and (b), the
    Director shall so state and shall briefly explain the basis of the
    estimate.
      (d) Amended Bills and Joint Resolutions; Conference Reports.--If a
    bill or joint resolution is passed in an amended form (including if
    passed by one House as an amendment in the nature of a substitute for
    the text of a bill or joint resolution from the other House) or is
    reported by a committee of conference in amended form, and the amended
    form contains a Federal mandate not previously considered by either
    House or which contains an increase in the direct cost of a previously
    considered Federal mandate, then the committee of conference shall
    ensure, to the greatest extent practicable, that the Director shall
    prepare a statement as provided in this subsection or a supplemental
    statement for the bill or joint resolution in that amended form.
    SEC. 425. LEGISLATION SUBJECT TO POINT OF ORDER.
      (a) In General.--It shall not be in order in the Senate or the House
    of Representatives to consider--
              (1) any bill or joint resolution that is reported by a
            committee unless the committee has published a statement of the
            Director on the direct costs of Federal mandates in accordance
            with section 423(f) before such consideration, except this
            paragraph shall not apply to any supplemental statement prepared
            by the Director under section 424(d); and
              (2) any bill, joint resolution, amendment, motion, or
            conference report that would increase the direct costs of
            Federal intergovernmental mandates by an amount that causes the
            thresholds specified in section 424(a)(1) to be exceeded,
            unless--
                      (A) the bill, joint resolution, amendment, motion, or
                    conference report provides new budget authority or new
                    entitlement authority in the House of Representatives or
                    direct spending authority in the Senate for each fiscal
                    year for such mandates included in the bill, joint
                    resolution, amendment, motion, or conference report in
                    an amount equal to or exceeding the direct costs of such
                    mandate; or
                      (B) the bill, joint resolution, amendment, motion, or
                    conference report includes an authoriza

    [[Page [1030]]]

                    tion for appropriations in an amount equal to or
                    exceeding the direct costs of such mandate, and--
                            (i) identifies a specific dollar amount of the
                        direct costs of such mandate for each year up to 10
                        years during which such mandate shall be in effect
                        under the bill, joint resolution, amendment, motion
                        or conference report, and such estimate is
                        consistent with the estimate determined under
                        subsection (e) for each fiscal year;
                            (ii) identifies any appropriation bill that is
                        expected to provide for Federal funding of the
                        direct cost referred to under clause (i); and
                            (iii)(I) provides that for any fiscal year the
                        responsible Federal agency shall determine whether
                        there are insufficient appropriations for that
                        fiscal year to provide for the direct costs under
                        clause (i) of such mandate, and shall (no later than
                        30 days after the beginning of the fiscal year)
                        notify the appropriate authorizing committees of
                        Congress of the determination and submit either--

        (aa) a statement that the agency has determined, based on a re-estimate
    of the direct costs of such mandate, after consultation with State, local,
    and tribal governments, that the amount appropriated is sufficient to pay
    for the direct costs of such mandate; or

        (bb) legislative recommendations for either implementing a less costly
    mandate or making such mandate ineffective for the fiscal year;

                            (II) provides for expedited procedures for the
                        consideration of the statement or legislative
                        recommendations referred to in subclause (I) by
                        Congress no later than 30 days after the statement
                        or recommendations are submitted to Congress; and
                            (III) provides that such mandate shall--

        (aa) in the case of a statement referred to in subclause (I)(aa), cease
    to be effective 60 days after the statement is submitted unless Congress
    has approved the agency's determination by joint resolution during the 60-
    day period;

        (bb) cease to be effective 60 days after the date the legislative
    recommendations of

    [[Page [1031]]]

    the responsible Federal agency are submitted to Congress under subclause
    (I)(bb) unless Congress provides otherwise by law; or

        (cc) in the case that such mandate that has not yet taken effect,
    continue not to be effective unless Congress provides otherwise by law.

      (b) Rule of Construction.--The provisions of subsection (a)(2)(B)(iii)
    shall not be construed to prohibit or otherwise restrict a State, local,
    or tribal government from voluntarily electing to remain subject to the
    original Federal intergovernmental mandate, complying with the
    programmatic or financial responsibilities of the original Federal
    intergovernmental mandate and providing the funding necessary consistent
    with the costs of Federal agency assistance, monitoring, and
    enforcement.
      (c) Committee on Appropriations.--
              (1) Application.--The provisions of subsection (a)--
                      (A) shall not apply to any bill or resolution reported
                    by the Committee on Appropriations of the Senate or the
                    House of Representatives; except
                      (B) shall apply to--
                            (i) any legislative provision increasing direct
                        costs of a Federal intergovernmental mandate
                        contained in any bill or resolution reported by the
                        Committee on Appropriations of the Senate or House
                        of Representatives;
                            (ii) any legislative provision increasing direct
                        costs of a Federal intergovernmental mandate
                        contained in any amendment offered to a bill or
                        resolution reported by the Committee on
                        Appropriations of the Senate or House of
                        Representatives;
                            (iii) any legislative provision increasing
                        direct costs of a Federal intergovernmental mandate
                        in a conference report accompanying a bill or
                        resolution reported by the Committee on
                        Appropriations of the Senate or House of
                        Representatives; and
                            (iv) any legislative provision increasing direct
                        costs of a Federal intergovernmental mandate
                        contained in any amendments in disagreement between
                        the two Houses to any bill or resolution reported by
                        the Committee on Appropriations of the Senate or
                        House of Representatives.

    [[Page [1032]]]

              (2) Certain provisions stricken in senate.--Upon a point of
            order being made by any Senator against any provision listed in
            paragraph (1)(B), and the point of order being sustained by the
            Chair, such specific provision shall be deemed stricken from the
            bill, resolution, amendment, amendment in disagreement, or
            conference report and may not be offered as an amendment from
            the floor.
      (d) Determinations of Applicability to Pending Legislation.--For
    purposes of this section, in the Senate, the presiding officer of the
    Senate shall consult with the Committee on Governmental Affairs, to the
    extent practicable, on questions concerning the applicability of this
    part to a pending bill, joint resolution, amendment, motion, or
    conference report.
      (e) Determinations of Federal Mandate Levels.--For purposes of this
    section, in the Senate, the levels of Federal mandates for a fiscal year
    shall be determined based on the estimates made by the Committee on the
    Budget.
    SEC. 426. PROVISIONS RELATING TO THE HOUSE OF REPRESENTATIVES.
      (a) Enforcement in the House of Representatives.--It shall not be in
    order in the House of Representatives to consider a rule or order that
    waives the application of section 425.
      (b) Disposition of Points of Order.--
              (1) Application to the house of representatives.--This
            subsection shall apply only to the House of Representatives.
              (2) Threshold burden.--In order to be cognizable by the Chair,
            a point of order under section 425 or subsection (a) of this
            section must specify the precise language on which it is
            premised.
              (3) Question of consideration.--As disposition of points of
            order under section 425 or subsection (a) of this section, the
            Chair shall put the question of consideration with respect to
            the proposition that is the subject of the points of order.
              (4) Debate and intervening motions.--A question of
            consideration under this section shall be debatable for 10
            minutes by each Member initiating a point of order and for 10
            minutes by an opponent on each point of order, but shall
            otherwise be decided without intervening motion except one that
            the House adjourn

    [[Page [1033]]]

            or that the Committee of the Whole rise, as the case may be.
              (5) Effect on amendment in order as original text.--The
            disposition of the question of consideration under this
            subsection with respect to a bill or joint resolution shall be
            considered also to determine the question of consideration under
            this subsection with respect to an amendment made in order as
            original text.
    SEC. 427. REQUESTS TO THE CONGRESSIONAL BUDGET OFFICE FROM SENATORS.
      At the written request of a Senator, the Director shall, to the extent
    practicable, prepare an estimate of the direct costs of a Federal
    intergovernmental mandate contained in an amendment of such Senator.
    SEC. 428. CLARIFICATION OF APPLICATION.
      (a) In General.--This part applies to any bill, joint resolution,
    amendment, motion, or conference report that reauthorizes
    appropriations, or that amends existing authorizations of
    appropriations, to carry out any statute, or that otherwise amends any
    statute, only if enactment of the bill, joint resolution, amendment,
    motion, or conference report--
              (1) would result in a net reduction in or elimination of
            authorization of appropriations for Federal financial assistance
            that would be provided to State, local, or tribal governments
            for use for the purpose of complying with any Federal
            intergovernmental mandate, or to the private sector for use to
            comply with any Federal private sector mandate, and would not
            eliminate or reduce duties established by the Federal mandate by
            a corresponding amount; or
              (2) would result in a net increase in the aggregate amount of
            direct costs of Federal intergovernmental mandates or Federal
            private sector mandates other than as described in paragraph
            (1).
      (b) Direct Costs.--
              (1) In general.--For purposes of this part, the direct cost of
            the Federal mandates in a bill, joint resolution, amendment,
            motion, or conference report that reauthorizes appropriations,
            or that amends existing authorizations of appropriations, to
            carry out a statute, or that otherwise amends any statute, means
            the net increase, resulting from enactment of the bill, joint
            resolution, amendment, motion, or conference re

    [[Page [1034]]]

            port, in the amount described under paragraph (2)(A) over the
            amount described under paragraph (2)(B).
              (2) Amounts.--The amounts referred to under paragraph (1)
            are--
                      (A) the aggregate amount of direct costs of Federal
                    mandates that would result under the statute if the
                    bill, joint resolution, amendment, motion, or conference
                    report is enacted; and
                      (B) the aggregate amount of direct costs of Federal
                    mandates that would result under the statute if the
                    bill, joint resolution, amendment, motion, or conference
                    report were not enacted.
              (3) Extension of authorization of appropriations.--For
            purposes of this section, in the case of legislation to extend
            authorization of appropriations, the authorization level that
            would be provided by the extension shall be compared to the
            authorization level for the last year in which authorization of
            appropriations is already provided.

      Part B of title IV was added by the Unfunded Mandates Reform Act of
    1995 (sec. 101(a), P.L. 104-4; 109 Stat. 50-60). That Act explicitly
    declared that the new part was enacted as an exercise of congressional
    rulemaking powers (sec. 108; 109 Stat. 63-64).
      Pursuant to section 426, a Member raising a point of order under
    section 425 must specify the precise language upon which the point of
    order is based (May 23, 1996, p. 12283; May 1, 1997, p. ----; Oct. 29,
    1997, p. ----; June 4, 1998, p. ----; Mar. 9, 2000, p. ----; Mar. 22,
    2000, p. ----; May 10, 2000, p. ----; May 8, 2002, p. ----). A
    statutorily privileged joint resolution of approval may be subject to a
    point of order under section 425 (May 8, 2002, p. ----). Debate on the
    point of order is on the question of considering the underlying text
    that is the subject of the point of order. The Members controlling
    debate on the point of order may reserve their time (Mar. 28, 1996, p.
    6932), and a manager of a measure who controls time for debate against
    the point of order has the right to close debate (June 10, 1998, p. ----
    ). A point of order under section 426 against consideration of a
    resolution providing a special order of business that waives section 425
    or self-executes the adoption of an amendment must be made when the
    special order is called up and comes too late after the resolution has
    been adopted (July 18, 1996, p. 17668) and must also specify the precise
    language upon which the point of order is based (June 10, 1998 p. ----;
    June 28, 2000, p. ----; June 26, 2001, p. ----). A point of order under
    section 425 against consideration of a bill is properly raised pending
    the Speaker's declaration that the House resolve into the Committee of
    the Whole for such consideration (Oct. 29, 1997, p. ----).

    [[Page [1035]]]

                    TITLE VII--PROGRAM REVIEW AND EVALUATION

    * * * * *

             continuing study of additional budget reform proposals

      Sec. 703. (a) The Committees on the Budget of the House of
    Representatives and the Senate shall study on a continuing basis
    proposals designed to improve and facilitate methods of congressional
    budgetmaking. The proposals to be studied shall include, but are not
    limited to, proposals for--
              (1) improving the information base required for determining
            the effectiveness of new programs by such means as pilot
            testing, survey research, and other experimental and analytical
            techniques;
              (2) improving analytical and systematic evaluation of the
            effectiveness of existing programs;
              (3) establishing maximum and minimum time limitations for
            program authorization; and
              (4) developing techniques of human resource accounting and
            other means of providing noneconomic as well as economic
            evaluation measures.
      (b) The Committee on the Budget of each House shall, from time to
    time, report to its House the results of the study carried on by it
    under subsection (a), together with its recommendations.
      (c) Nothing in this section shall preclude studies to improve the
    budgetary process by any other committee of the House of Representatives
    or the Senate or any joint committee of the Congress.
    * * * * *

               TITLE IX--MISCELLANEOUS PROVISIONS; EFFECTIVE DATES

    * * * * *

                          exercise of rulemaking powers

      Sec. 904. (a) The provisions of this title and of titles I, III, IV,
    and V and the provisions of sections 701, 703, and 1017 are enacted by
    the Congress--
              (1) as an exercise of the rulemaking power of the House of
            Representatives and the Senate, respectively, and as such they
            shall be considered as part of the rules of each House,
            respectively, or of that House

    [[Page [1036]]]

            to which they specifically apply, and such rules shall supersede
            other rules only to the extent that they are inconsistent
            therewith; and
              (2) with full recognition of the constitutional right of
            either House to change such rules (so far as relating to such
            House) at any time, in the same manner, and to the same extent
            as in the case of any other rule of such House.

      (b) Any provision of title III or IV may be waived or suspended in the
    Senate by a majority vote of the Members voting, a quorum being present,
    or by the unanimous consent of the Senate.

      (c) Waivers.--
              (1) Permanent.--Sections 305(b)(2), 305(c)(4), 306, 310(d)(2),
            313, 904(c), and 904(d) of this Act may be waived or suspended
            in the Senate only by the affirmative vote of three-fifths of
            the Members, duly chosen and sworn.
              (2) Temporary.--Sections 301(i), 302(c), 302(f), 310(g),
            311(a), 312(b), and 312(c) of this Act and sections
            258(a)(4)(C), 258A(b)(3)(C)(I), 258B(f)(1), 258B(h)(1),
            258(h)(3), 258C(a)(5), and 258C(b)(1) of the Balanced Budget and
            Emergency Deficit Control Act of 1985 may be waived or suspended
            in the Senate only by the affirmative vote of three-fifths of
            the Members, duly chosen and sworn.

      (d) Appeals.--
              (1) Procedure.--Appeals in the Senate from the decisions of
            the Chair relating to any provision of title III or IV or
            section 1017 shall, except as otherwise provided therein, be
            limited to 1 hour, to be equally divided between, and controlled
            by, the mover and the manager of the resolution, concurrent
            resolution, reconciliation bill, or rescission bill, as the case
            may be.
              (2) Permanent.--An affirmative vote of three-fifths of the
            Members, duly chosen and sworn, shall be required in the Senate
            to sustain an appeal of the ruling of the Chair on a point of
            order raised under sections 305(b)(2), 305(c)(4), 306,
            310(d)(2), 313, 904(c), and 904(d) of this Act.
              (3) Temporary.--An affirmative vote of three-fifths of the
            Members, duly chosen and sworn, shall be required in the Senate
            to sustain an appeal of the ruling of the Chair on a point of
            order raised under sections 301(i), 302(c), 302(f), 310(g),
            311(a), 312(b), and

    [[Page [1037]]]

            312(c) of this Act and sections 258(a)(4)(C), 258A(b)(3)(C)(I),
            258B(f)(1), 258B(h)(1), 258(h)(3), 258C(a)(5), and 258C(b)(1) of
            the Balanced Budget and Emergency Deficit Control Act of 1985.
      (e) Expiration of Certain Supermajority Voting Requirements.--
    Subsections (c)(2) and (d)(3) shall expire on September 30, 2002.

      Section 904 was amended by the Budget Enforcement Act of 1997 (sec.
    10119, P.L. 105-33) to clarify points of order in the Senate that may be
    waived by a supermajority vote. Pursuant to this section, and under its
    authority contained in clause 5 of rule XIII (former clause 4(b) of rule
    XI) to report on rules and the order of business, the Committee on Rules
    may report as privileged a resolution recommending the temporary waiver
    of the provisions of section 401 of the Congressional Budget Act during
    the consideration of designated legislation in the House (Speaker
    Albert, Mar. 20, 1975, p. 7676). A point of order against consideration
    of a resolution reported from the Committee on Rules providing for
    consideration of a concurrent resolution on the budget does not lie
    based upon alleged violation of a statute which merely reaffirms the
    congressional commitment towards achieving balanced Federal budgets
    (P.L. 96-389), since the statute does not constitute a rule of the House
    and since section 904 of the Budget Act acknowledges the constitutional
    authority of either House to change its rules at any time (June 10,
    1982, pp. 13352, 13353). A unanimous-consent agreement which only
    permits a (nonprivileged) bill to be considered in the House prior to
    three-day availability of the report thereon, but which does not
    specifically waive points of order against consideration, does not
    preclude a point of order against consideration of the bill when called
    up based upon an alleged violation of the Budget Act (Feb. 4, 1982, p.
    845).

    [[Page [1039]]]

                                                                   Sec. 1129

                         BUDGET ENFORCEMENT ACT OF 1990

                                   __________

                    excerpts from title xiii of p.l. 101-508

    In addition to adding titles V and VI to the Congressional Budget Act of
    1974 (relating to credit reform and to budget agreement enforcement,
    respectively), the Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-
    508) also included these free-standing provisions addressing the
    budgetary treatment of social security.

                           Subtitle C--Social Security

    SEC. 13301. OFF-BUDGET STATUS OF OASDI TRUST FUNDS.
      (a) Exclusion of Social Security From All Budgets.--Notwithstanding
    any other provision of law, the receipts and disbursements of the
    Federal Old-Age and Survivors Insurance Trust Fund and the Federal
    Disability Insurance Trust Fund shall not be counted as new budget
    authority, outlays, receipts, or deficit or surplus for purposes of--
              (1) the budget of the United States Government as submitted by
            the President,
              (2) the congressional budget, or
              (3) the Balanced Budget and Emergency Deficit Control Act of
            1985.
    * * * * *
    SEC. 13302. PROTECTION OF OASDI TRUST FUNDS IN THE HOUSE OF
            REPRESENTATIVES.
      (a) In General.--It shall not be in order in the House of
    Representatives to consider any bill or joint resolution, as reported,
    or any amendment thereto or conference report thereon, if, upon
    enactment--
              (1)(A) such legislation under consideration would provide for
            a net increase in OASDI benefits of at least 0.02 percent of the
            present value of future taxable payroll for the 75-year period
            utilized in the most

    [[Page [1040]]]

            recent annual report of the Board of Trustees provided pursuant
            to section 201(c)(2) of the Social Security Act, and (B) such
            legislation under consideration does not provide at least a net
            increase, for such 75-year period, in OASDI taxes of the amount
            by which the net increase in such benefits exceeds 0.02 percent
            of the present value of future taxable payroll for such 75-year
            period,
              (2)(A) such legislation under consideration would provide for
            a net increase in OASDI benefits (for the 5-year estimating
            period for such legislation under consideration), (B) such net
            increase, together with the net increases in OASDI benefits
            resulting from previous legislation enacted during that fiscal
            year or any of the previous 4 fiscal years (as estimated at the
            time of enactment) which are attributable to those portions of
            the 5-year estimating periods for such previous legislation that
            fall within the 5-year estimating period for such legislation
            under consideration, exceeds $250,000,000, and (C) such
            legislation under consideration does not provide at least a net
            increase, for the 5-year estimating period for such legislation
            under consideration, in OASDI taxes which, together with net
            increases in OASDI taxes resulting from such previous
            legislation which are attributable to those portions of the 5-
            year estimating periods for such previous legislation that fall
            within the 5-year estimating period for such legislation under
            consideration, equals the amount by which the net increase
            derived under subparagraph (B) exceeds $250,000,000;
              (3)(A) such legislation under consideration would provide for
            a net decrease in OASDI taxes of at least 0.02 percent of the
            present value of future taxable payroll for the 75-year period
            utilized in the most recent annual report of the Board of
            Trustees provided pursuant to section 201(c)(2) of the Social
            Security Act, and (B) such legislation under consideration does
            not provide at least a net decrease, for such 75-year period, in
            OASDI benefits of the amount by which the net decrease in such
            taxes exceeds 0.02 percent of the present value of future
            taxable payroll for such 75-year period, or
              (4)(A) such legislation under consideration would provide for
            a net decrease in OASDI taxes (for the 5-year estimating period
            for such legislation under con

    [[Page [1041]]]

            sideration), (B) such net decrease, together with the net
            decreases in OASDI taxes resulting from previous legislation
            enacted during that fiscal year or any of the previous 4 fiscal
            years (as estimated at the time of enactment) which are
            attributable to those portions of the 5-year estimating periods
            for such previous legislation that fall within the 5-year
            estimating period for such legislation under consideration,
            exceeds $250,000,000, and (C) such legislation under
            consideration does not provide at least a net decrease, for the
            5-year estimating period for such legislation under
            consideration, in OASDI benefits which, together with net
            decreases in OASDI benefits resulting from such previous
            legislation which are attributable to those portions of the 5-
            year estimating periods for such previous legislation that fall
            within the 5-year estimating period for such legislation under
            consideration, equals the amount by which the net decrease
            derived under subparagraph (B) exceeds $250,000,000.

      (b) Application.--In applying paragraph (3) or (4) of subsection (a),
    any provision of any bill or joint resolution, as reported, or any
    amendment thereto, or conference report thereon, the effect of which is
    to provide for a net decrease for any period in taxes described in
    subsection (c)(2)(A) shall be disregarded if such bill, joint
    resolution, amendment, or conference report also includes a provision
    the effect of which is to provide for a net increase of at least an
    equivalent amount for such period in medicare taxes.

      (c) Definitions.--For purposes of this subsection:
              (1) The term ``OASDI benefits'' means the benefits under the
            old-age, survivors, and disability insurance programs under
            title II of the Social Security Act.
              (2) The term ``OASDI taxes'' means--
                      (A) the taxes imposed under sections 1401(a), 3101(a),
                    and 3111(a) of the Internal Revenue Code of 1986, and
                      (B) the taxes imposed under chapter 1 of such Code (to
                    the extent attributable to section 86 of such Code).
              (3) The term ``medicare taxes'' means the taxes imposed under
            sections 1401(b), 3101(b), and 3111(b) of the Internal Revenue
            Code of 1986.
              (4) The term ``previous legislation'' shall not include
            legislation enacted before fiscal year 1991.

    [[Page [1042]]]

              (5) The term ``5-year estimating period'' means, with respect
            to any legislation, the fiscal year in which such legislation
            becomes or would become effective and the next 4 fiscal years.
              (6) No provision of any bill or resolution, or any amendment
            thereto or conference report thereon, involving a change in
            chapter 1 of the Internal Revenue Code of 1986 shall be treated
            as affecting the amount of OASDI taxes referred to in paragraph
            (2)(B) unless such provision changes the income tax treatment of
            OASDI benefits.
    * * * * *

      For a discussion of the Federal budget process, including the current
    vitality of the Balanced Budget and Emergency Deficit Control Act of
    1985 (Gramm-Rudman), which sets forth executive budget enforcement
    mechanisms, see House Practice, ch. 7.

    [[Page [1043]]]

    ========================================================================

    [DOCID:hd284-149]
                          ``CONGRESSIONAL DISAPPROVAL''

    [DOCID:hd284-150]
                              PROVISIONS CONTAINED

    [DOCID:hd284-151]
                                 IN PUBLIC LAWS

    ========================================================================

    [[Page [1045]]]

    [DOCID:hd284-152]
        ``CONGRESSIONAL DISAPPROVAL'' PROVISIONS CONTAINED IN PUBLIC LAWS

      Congress has, <> from time to time, passed laws
    reserving to itself an absolute or limited right of review by approval
    or disapproval of certain actions of the executive branch or of
    independent agencies. These laws, known as ``congressional disapproval''
    statutes, usually envision some form of congressional action falling
    into one of three general categories: (1) action by both Houses of
    Congress on a bill or joint resolution requiring presidential signature;
    (2) action by one or both Houses of Congress on a simple or concurrent
    resolution; and (3) action by a congressional committee. Although
    provisions in the first category remain viable, provisions in the latter
    two categories should be read in light of Immigration and Naturalization
    Service v. Chadha, 462 U.S. 919 (1983). In that case the Supreme Court
    held unconstitutional as in violation of the presentment clause of
    article I, section 7, and the doctrine of separation of powers the
    provisions of the Immigration and Nationality Act contemplating
    disapproval of a decision of the Attorney General to allow an otherwise
    deportable alien to remain in the United States by simple resolution of
    one House. That same year, the Supreme Court summarily affirmed several
    lower court decisions invalidating provisions contemplating disapproval
    of executive actions by methods described in both categories (2) and (3)
    above. 463 U.S. 1216 (1983). Since then, Congress has amended several
    ``congressional disapproval'' statutes to convert provisions requiring
    simple or concurrent resolutions to provisions requiring joint
    resolutions.
      Many ``congressional disapproval'' statutes prescribe special
    procedures for the House to follow when reviewing executive actions.
    These procedures, termed ``privileged procedures,'' technically are
    rules of the House, enacted expressly or impliedly as an exercise of the
    House's rulemaking authority. At the beginning of each Congress, it is
    customary for the House to re-incorporate by reference in the resolution
    adopting its rules such ``congressional disapproval'' procedures as may
    exist in current law. Never

    [[Page [1046]]]

    theless, because the House retains the constitutional right to change
    its rules at any time, the Committee on Rules may report a resolution
    varying the statutorily prescribed procedures for the House.
      Other ``congressional disapproval'' statutes prescribe no special
    procedures for the consideration of executive actions. As a result,
    those statutes contain no provisions that technically are rules of the
    House; and thus they are not carried in this Manual. For a recent
    listing of those statutes, see the House Rules and Manual for the 102d
    Congress (H. Doc. 101-256).
      Below is a compilation of the various provisions in ``congressional
    disapproval'' statutes setting forth ``privileged procedures'' to be
    followed by the House when considering executive actions, together with
    any annotations of decisions of the Chair interpreting those provisions.
    Although some annotations provide pertinent legislative history, this
    compilation does not endeavor to provide a comprehensive record of
    legislative history for every provision. Excerpts of the Balanced Budget
    and Emergency Deficit Control Act, formerly carried after the
    Congressional Budget Act, have been scaled down and moved to this
    segment of the Manual for quick reference to the legislative procedures
    therein. The primary enforcement mechanisms in the statute (such as
    sequestration) are no longer carried because they are not legislative
    procedures. However, sections 250, 251, and 252 operate in conjunction
    with procedural provisions in title III of the Congressional Budget Act
    of 1974, supra. Sections 258, 258A, 258B, and 258C primarily provide for
    reporting and consideration of legislation in the Senate; therefore,
    only portions those sections are carried here. A more thorough
    understanding of the statutory scheme requires the full statutory text
    (see 2 U.S.C. 900).
                                                                   Sec. 1130

              Resolutions Privileged for Consideration in the House

     1.                       Executive Reorganization.

     2.                       War Powers Resolution.

     3.                       National Emergencies Act.

     4.                       International Emergency Economic Powers Act.

     5.                       District of Columbia Home Rule Act.

     6.                       Title X of the Congressional Budget and
                              Impoundment Control Act of 1974.

    a.                        Impoundment Control.

    b.                        Line Item Veto Authority.

     7.                       Foreign Spent Nuclear Fuel.

    [[Page [1047]]]

     8.                       Pension Reform Act.

     9.                       Multiemployer Guarantees, Revised Schedules.

    10.                       Nuclear Non-Proliferation Provisions of the
                              Atomic Energy Act.

    11.                       Trade Act of 1974.

    a.                        Import Relief.

    b.                        Freedom of Emigration.

    c.                        Nondiscriminatory Treatment.

    d.                        ``Fast-Track'' Procedures.

    e.                        Narcotics Control Provisions.

    f.                        Trade Promotion Authority.

    12.                       Federal Salary Act of 1967.

    13.                       Energy Policy and Conservation Act.

    14.                       Extensions of Emergency Energy Authorities.

    15.                       Nuclear Waste Fund Fees.

    16.                       Arms Export Control.

    a.                        Arms Export Control Act, Sec. 36(b).

    b.                        Arms Export Control Act, Sec. 36(c).

    c.                        Arms Export Control Act, Sec. 36(d).

    d.                        Arms Export Control Act, Sec. 3.

    e.                        Arms Export Control Act, Sec. Sec. 62-63.

    17.                       Federal Election Commission Regulations.

    18.                       Alaska Natural Gas Transportation Act of 1976.

    19.                       Crude Oil Transportation Systems.

    20.                       Alaska National Interest Lands Conservation
                              Act.

    21.                       Federal Land Policy and Management Act of
                              1976.

    a.                        Land Use Planning.

    b.                        Sales.

    c.                        Withdrawals.

    d.                        Review of Withdrawals.

    22.                       Marine Fisheries Conservation Act.

    23.                       Outer Continental Shelf Lands Act.

    24.                       Nuclear Waste Policy Act of 1982.

    a.                        High-level Radioactive Waste and Spent Nuclear
                              Fuel.

    b.                        Interim Storage Program.

    c.                        Monitored Retrievable Storage.

    25.                       Defense Base Closure and Realignment.

    a.                        Defense Base Closure and Realignment Act of
                              1990.

    b.                        Limitation on Military Construction Funds.

    26.                       U.S. Participation in WTO.

    27.                       Congressional Accountability Act of 1995.

    28.                       Termination of Cuban Economic Embargo.

    29.                       Congressional Review of Agency Rulemaking.

    30.                       The Balanced Budget and Emergency Deficit
                              Control Act of 1985.

    31.                       Andean Counterdrug Initiative.

                  1. Executive Reorganization [5 U.S.C. 902-12]
    [DOCID:hd284-153]

                              Sec. 902. definitions

      For the purpose of this chapter--
              (1) ``agency'' means--
                      (A) an Executive agency or part thereof; and
                      (B) an office or officer in the executive branch;
            but does include the General Accounting Office or the
            Comptroller General of the United States;

    [[Page [1048]]]

              (2) ``reorganization'' means a transfer, consolidation,
            coordination, authorization, or abolition, referred to in
            section 903 of this title; and
              (3) ``officer'' is not limited by section 2104 of this title.

                                                                Sec. 1130(1)

                         Sec. 903. reorganization plans

      (a) Whenever the President, after investigation, finds that changes in
    the organization of agencies are necessary to carry out any policy set
    forth in section 901(a) of this title, he shall prepare a reorganization
    plan specifying the reorganizations he finds are necessary. Any plan may
    provide for--
              (1) the transfer of the whole or a part of an agency, or of
            the whole or a part of the functions thereof, to the
            jurisdiction and control of another agency;
              (2) the abolition of all or a part of the functions of an
            agency, except that no enforcement function or statutory program
            shall be abolished by the plan;
              (3) the consolidation or coordination of the whole or a part
            of an agency, or of the whole part of the functions thereof,
            with the whole or a part of another agency or the functions
            thereof;
              (4) the consolidation or coordination of a part of an agency
            or the functions thereof with another part of the same agency or
            the functions thereof;
              (5) the authorization of an officer to delegate any of his
            functions; or
              (6) the abolition of the whole or a part of an agency which
            agency or part does not have, or on the taking effect of the
            reorganization plan will not have, any functions.
    The President shall transmit the plan (bearing an identification number)
    to the Congress together with a declaration that, with respect to each
    reorganization included in the plan, he has found that the
    reorganization is necessary to carry out any policy set forth in section
    901(a) of this title.
      (b) The President shall have a reorganization plan delivered to both
    Houses on the same day and to each House while it is in session, except
    that no more than three plans may be pending before the Congress at one
    time. In his message transmitting a reorganization plan, the President
    shall specify with respect to each abolition of a function included in
    the plan the statutory authority for the

    [[Page [1049]]]

    exercise of the function. The message shall also estimate any reduction
    or increase in expenditures (itemized so far as practicable), and
    describe any improvements in management, delivery of Federal services,
    execution of the laws, and increases in efficiency of Government
    operations, which it is expected will be realized as a result of the
    reorganizations included in the plan. In addition, the President's
    message shall include an implementation section which shall (1) describe
    in detail (A) the actions necessary or planned to complete the
    reorganization, (B) the anticipated nature and substance of any orders,
    directives, and other administrative and operational actions which are
    expected to be required for completing or implementing the
    reorganization, and (C) any preliminary actions which have been taken in
    the implementation process, and (2) contain a projected timetable for
    completion of the implementation process. The President shall also
    submit such further background or other information as the Congress may
    require for its consideration of the plan.
      (c) Any time during the period of 60 calendar days of continuous
    session of Congress after the date on which the plan is transmitted to
    it, but before any resolution described in section 909 has been ordered
    reported in either House, the President may make amendments or
    modifications to the plan, consistent with sections 903-905 of this
    title, which modifications or revisions shall thereafter be treated as a
    part of the reorganization plan originally transmitted and shall not
    affect in any way the time limits otherwise provided for in this
    chapter. The President may withdraw the plan any time prior to the
    conclusion of 90 calendar days of continuous session of Congress
    following the date on which the plan is submitted to Congress.

                                      * * *

                         Sec. 905. limitations on powers

      (a) A reorganization plan may not provide for, and a reorganization
    under this chapter may not have the effect of--
              (1) creating a new executive department or renaming an
            existing executive department, abolishing or transferring an
            executive department or independent regulatory agency, or all
            the functions thereof, or consolidating two or more executive
            departments or two

    [[Page [1050]]]

            or more independent regulatory agencies, or all the functions
            thereof;
              (2) continuing an agency beyond the period authorized by law
            for its existence or beyond the time when it would have
            terminated if the reorganization had not been made;
              (3) continuing a function beyond the period authorized by law
            for its exercise or beyond the time when it would have
            terminated if the reorganization had not been made;
              (4) authorizing an agency to exercise a function which is not
            expressly authorized by law at the time the plan is transmitted
            to Congress;
              (5) creating a new agency which is not a component or part of
            an existing executive department or independent agency;
              (6) increasing the term of an office beyond that provided by
            law for the office; or
              (7) dealing with more than one logically consistent subject
            matter.
      (b) A provision contained in a reorganization plan may take effect
    only if the plan in transmitted to Congress (in accordance with section
    903(b) of this chapter) on or before December 31, 1984.

        Sec. 906. effective date and publication of reorganization plans

      (a) Except as provided under subsection (c) of this section, a
    reorganization plan shall be effective upon approval by the President of
    a resolution (as defined in section 909) with respect to such plan, if
    such resolution is passed by the House of Representatives and the
    Senate, within the first period of 90 calendar days of continuous
    session of Congress after the date on which the plan is transmitted to
    Congress. Failure of either House to act upon such resolution by the end
    of such period shall be the same as disapproval of the resolution.
      (b) For the purpose of this chapter--
              (1) continuity of session is broken only by an adjournment of
            Congress sine die; and
              (2) the days on which either House is not in session because
            of an adjournment of more than three days to a day certain are
            excluded in the computation of any period of time in which
            Congress is in continuous session.

    [[Page [1051]]]

      (c) Under provisions contained in a reorganization plan, any provision
    thereof may be effective at a time later than the date on which the plan
    otherwise is effective.
      (d) A reorganization plan which is effective shall be printed (1) in
    the Statutes at Large in the same volume as the public laws and (2) in
    the Federal Register.

                                      * * *

    Sec. 908. rules of senate and house of representatives on reorganization
                                      plans

      Sections 909 through 912 of this title are enacted by Congress--
              (1) as an exercise of the rulemaking power of the Senate and
            the House of Representatives, respectively, and as such they are
            deemed a part of the rules of each House, respectively, but
            applicable only with respect to the procedure to be followed in
            that House in the case of resolutions with respect to any
            reorganization plans transmitted to Congress (in accordance with
            section 903(b) of this chapter) on or before December 31, 1984;
            and they supersede other rules only to the extent that they are
            inconsistent therewith; and
              (2) with full recognition of the constitutional right of
            either House to change the rules (so far as relating to the
            procedure of that House) at any time, in the same manner and to
            the same extent as in the case of any other rule of that House.

                          Sec. 909. terms of resolution

      For the purpose of sections 908 through 912 of this title,
    ``resolution'' means only a joint resolution of the Congress, the matter
    after the resolving clause of which is as follows: ``That the ------
    Congress approves the reorganization plan numbered ------ transmitted to
    the Congress by the President on ------, 19--.'', and includes such
    modifications and revisions as submitted by the President under section
    903(c) of this chapter. The blank spaces therein are to be filled
    appropriately. The term does not include a resolution which specifies
    more than one reorganization plan.

    [[Page [1052]]]

               Sec. 910. introduction and reference of resolution

      (a) No later than the first day of session following the day on which
    a reorganization plan is transmitted to the House of Representatives and
    the Senate under section 903, a resolution, as defined in section 909,
    shall be introduced (by request) in the House by the chairman of the
    Committee on Government Reform of the House, or by a Member of Members
    of the House designated by such chairman; and shall be introduced (by
    request) in the Senate by the chairman of the Governmental Affairs
    Committee of the Senate, or by a Member or Members of the Senate
    designated by such chairman.
      (b) A resolution with respect to a reorganization plan shall be
    referred to the Committee on Governmental Affairs of the Senate and the
    Committee on Government Reform of the House (and all resolutions with
    respect to the same plan shall be referred to the same committee) by the
    President of the Senate or the Speaker of the House of Representatives,
    as the case may be. The committee shall make its recommendations to the
    House of Representatives or the Senate, respectively, within 75 calendar
    days of continuous session of Congress following the date of such
    resolution's introduction.

             Sec. 911. discharge of committee considering resolution

      If the committee to which is referred a resolution introduced pursuant
    to subsection (a) of section 910 (or, in the absence of such a
    resolution, the first resolution introduced with respect to the same
    reorganization plan) has not reported such resolution or identical
    resolution at the end of 75 calendar days of continuous session of
    Congress after its introduction, such committee shall be deemed to be
    discharged from further consideration of such resolution and such
    resolution shall be placed on the appropriate calendar of the House
    involved.

    Sec. 912. procedure after report or discharge of committee; debate; vote
                                on final passage

      (a) When the committee has reported, or has been deemed to be
    discharged (under section 911) from further consideration of, a
    resolution with respect to a reorganization plan, it is at any time
    thereafter in order (even

    [[Page [1053]]]

    though a previous motion to the same effect has been disagreed to) for
    any Member of the respective House to move to proceed to the
    consideration of the resolution. The motion is highly privileged and is
    not debatable. The motion shall not be subject to amendment, or to a
    motion to postpone, or a motion to proceed to the consideration of other
    business. A motion to reconsider the vote by which the motion is agreed
    to or disagreed to shall not be in order. If a motion to proceed to the
    consideration of the resolution is agreed to, the resolution shall
    remain the unfinished business of the respective House until disposed
    of.
      (b) Debate on the resolution, and on all debatable motions and appeals
    in connection therewith, shall be limited to not more than ten hours,
    which shall be divided equally between individuals favoring and
    individuals opposing the resolution. A motion further to limit debate is
    in order and not debatable. An amendment to, or a motion to postpone, or
    a motion to proceed to the consideration of other business, or a motion
    to recommit the resolution is not in order. A motion to reconsider the
    vote by which the resolution is passed or rejected shall not be in
    order.
      (c) Immediately following the conclusion of the debate on the
    resolution with respect to a reorganization plan, and a single quorum
    call at the conclusion of the debate if requested in accordance with the
    rules of the appropriate House, the vote on final passage of the
    resolution shall occur.
      (d) Appeals from the decisions of the Chair relating to the
    application of the rules of the Senate or the House of Representatives,
    as the case may be, to the procedure relating to a resolution with
    respect to a reorganization plan shall be decided without debate.
      (e) If, prior to the passage by one House of a resolution of that
    House, that House receives a resolution with respect to the same
    reorganization plan from the other House, then--
              (1) the procedure in that House shall be the same as if no
            resolution had been received from the other House; but
              (2) the vote on final passage shall be on the resolution of
            the other House.

      Section 905(b) was amended by Public Law 98-614 to terminate the
    authority of the President to submit reorganization plans under this
    statute on December 31, 1984. These provisions are carried in this
    compilation because other Acts have incorporated their procedures by
    reference.

    [[Page [1054]]]

                                                                Sec. 1130(2)

          2. War Powers Resolution, Sec. Sec. 5-7 [50 U.S.C. 1544-1546]
    [DOCID:hd284-154]

      Sec. 5. (a) Each report submitted pursuant to section 4(a)(1) shall be
    transmitted to the Speaker of the House of Representatives and to the
    President pro tempore of the Senate on the same calendar day. Each
    report so transmitted shall be referred to the Committee on
    International Relations of the House of Representatives and to the
    Committee on Foreign Relations of the Senate for appropriate action. If,
    when the report is transmitted, the Congress has adjourned sine die or
    has adjourned for any period in excess of three calendar days, the
    Speaker of the House of Representatives and the President pro tempore of
    the Senate, if they deem if advisable (or if petitioned by at least 30
    percent of the membership of their respective Houses) shall jointly
    request the President to convene Congress in order that it may consider
    the report and take appropriate action pursuant to this section.
      (b) Within sixty calendar days after a report is submitted or is
    required to be submitted pursuant to section 4(a)(1), whichever is
    earlier, the President shall terminate any use of United States Armed
    Forces with respect to which such report was submitted (or required to
    be submitted), unless the Congress (1) has declared war or has enacted a
    specific authorization for such use of United States Armed Forces, (2)
    has extended by law such sixty-day period, or (3) is physically unable
    to meet as a result of an armed attack upon the United States. Such
    sixty-day period shall be extended for not more than an additional
    thirty days if the President determines and certifies to the Congress in
    writing that unavoidable military necessity respecting the safety of
    United States Armed Forces requires the continued use of such armed
    forces in the course of bringing about a prompt removal of such forces.
      (c) Notwithstanding subsection (b), at any time that United States
    Armed Forces are engaged in hostilities outside the territory of the
    United States, its possessions and territories without a declaration of
    war or specific statutory authorization, such forces shall be removed by
    the President if the Congress so directs by concurrent resolution.

      This section (and section 7, infra) should be read in light of INS v.
    Chadha, 462 U.S. 919 (1983).

    [[Page [1055]]]

      Sec. 6. (a) Any joint resolution or bill introduced pursuant to
    section 5(b) at least thirty calendar days before the expiration of the
    sixty-day period specified in such section shall be referred to the
    Committee on International Relations of the House of Representatives or
    the Committee on Foreign Relations of the Senate, as the case may be,
    and such committee shall report one such joint resolution or bill,
    together with its recommendations, not later than twenty-four calendar
    days before the expiration of the sixty-day period specified in such
    section, unless such House shall otherwise determine by the yeas and
    nays.
      (b) Any joint resolution or bill so reported shall become the pending
    business of the House in question (in the case of the Senate the time
    for debate shall be equally divided between the proponents and the
    opponents), and shall be voted on within three calendar days thereafter,
    unless such House shall otherwise determine by yeas and nays.
      (c) Such a joint resolution or bill passed by one House shall be
    referred to the committee of the other House named in subsection (a) and
    shall be reported out not later than fourteen calendar days before the
    expiration of the sixty-day period specified in section 5(b). The joint
    resolution or bill so reported shall become the pending business of the
    House in question and shall be voted on within three calendar days after
    it has been reported, unless such House shall otherwise determine by
    yeas and nays.
      (d) In the case of any disagreement between the two Houses of Congress
    with respect to a joint resolution or bill passed by both Houses,
    conferees shall be promptly appointed and the committee of conference
    shall make and file a report with respect to such resolution or bill not
    later than four calendar days before the expiration of the sixty-day
    period specified in section 5(b). In the event the conferees are unable
    to agree within 48 hours, they shall report back to their respective
    Houses in disagreement. Notwithstanding any rule in either House
    concerning the printing of conference reports in the Record or
    concerning any delay in the consideration of such reports, such report
    shall be acted on by both Houses not later than the expiration of such
    sixty-day period.

      Sec. 7. (a) Any concurrent resolution introduced pursuant to section
    5(c) shall be referred to the Committee on International Relations of
    the House of Representatives or the Committee on Foreign Relations of
    the Senate, as the case may be, and one such concurrent resolution shall
    be reported out by such committee together with its rec

    [[Page [1056]]]

    ommendations within fifteen calendar days, unless such House shall
    otherwise determine by the yeas and nays.
      (b) Any concurrent resolution so reported shall become the pending
    business of the House in question (in the case of the Senate the time
    for debate shall be equally divided between the proponents and the
    opponents) and shall be voted on within three calendar days thereafter,
    unless such House shall otherwise determine by yeas and nays.
      (c) Such a concurrent resolution passed by one House shall be referred
    to the committee of the other House named in subsection (a) and shall be
    reported out by such committee together with its recommendations within
    fifteen calendar days and shall thereupon become the pending business of
    such House and shall be voted upon within three calendar days, unless
    such House shall otherwise determine by yeas and nays.
      (d) In the case of any disagreement between the two Houses of Congress
    with respect to a concurrent resolution passed by both Houses, conferees
    shall be promptly appointed and the committee of conference shall make
    and file a report with respect to such concurrent resolution within six
    calendar days after the legislation is referred to the committee of
    conference. Notwithstanding any rule in either House concerning the
    printing of conference reports in the Record or concerning any delay in
    the consideration of such reports, such report shall be acted on by both
    Houses not later than six calendar days after the conference report is
    filed. In the event the conferees are unable to agree within 48 hours,
    they shall report back to their respective Houses in disagreement.

      In the 94th Congress the President was granted authority to implement
    a ``Sinai early-warning system'' involving the assignment of civilian
    personnel to noncombat functions. In the same enactment, Congress
    provided for privileged consideration of a concurrent resolution calling
    for the removal of such personnel (see 22 U.S.C. 2348 note).
      In the 98th Congress the Committee on Foreign Affairs reported a joint
    resolution providing statutory authorization under the War Powers
    Resolution for a multinational peacekeeping force in Lebanon. The joint
    resolution would have been subject to consideration under the procedural
    provisions of the statute, but the House adopted a special order
    reported from the Committee on Rules varying the procedures for
    consideration of the joint resolution and also providing for
    consideration of a similar Senate joint resolution (H. Res. 318, Sept.
    28, 1983, p. 26108). The House subsequently passed a Senate joint
    resolution on the subject that changed the rules of the House and Senate
    to provide special procedures for consideration

    [[Page [1057]]]

    of a joint resolution or bill to amend or repeal its provisions (P.L.
    98-119, Sept. 29, 1983, p. 26493).
      In the 98th Congress the Act was amended to provide for expedited
    consideration in the Senate of bills or joint resolutions requiring the
    removal of U.S. forces engaged in hostilities outside U.S. territory
    without a declaration of war (P.L. 98-164, Nov. 22, 1983). Those
    procedures appear in section 601(b) of the International Security
    Assistance and Arms Export Control Act of 1976 (P.L. 94-329; 90 Stat.
    765).
      In the 102d Congress the President was granted specific authority
    within the meaning of section 5(b) of the Act to use U.S. armed forces
    to enforce United Nations resolutions in response to the occupation of
    Kuwait by Iraq (P.L. 102-1, Jan. 14, 1991).
      In the 103d Congress the Committee on Foreign Affairs reported H. Con.
    Res. 170, directing the President pursuant to 5(c) of the Act to remove
    United States Armed Forces from Somalia by January 31, 1994. By
    unanimous consent the House extended by one day the time for privileged
    consideration of that concurrent resolution under section 7(b) (Nov. 4,
    1993, p. 27393).
      In the 105th Congress the Committee on International Relations
    reported H. Con. Res. 227, directing the President pursuant to section
    5(c) of the Act to remove United States Armed Forces from the Republic
    of Bosnia and Herzegovina. By unanimous consent the House postponed
    consideration of the concurrent resolution until a subsequent date
    certain and provided for its consideration under a ``closed'' procedure
    (Mar. 12, 1998, p. ----).
      In the 106th Congress the Committee on International Relations
    reported H. Con. Res. 82, directing the President pursuant to section
    5(c) of the Act to remove United States Armed Forces from their
    positions in connection with the operations against the Federal Republic
    of Yugoslavia, and H. J. Res. 44, pursuant to section 5(b) of the Act
    and article I, section 8 of the Constitution, declaring a state of war
    between the United States and the Government of the Federal Republic of
    Yugoslavia. The House adopted a special order reported from the
    Committee on Rules varying the statutory procedures for consideration of
    both the concurrent resolution and the joint resolution (H. Res. 151,
    Apr. 28, 1999, p. ----).
                                                                Sec. 1130(3)

                  3. National Emergencies Act [50 U.S.C. 1601]
    [DOCID:hd284-155]

               title i--terminating existing declared emergencies

      Sec. 101. (a) All powers and authorities possessed by the President,
    any other officer or employee of the Federal Government, or any
    executive agency, as defined in section 105 of title 5, United States
    Code, as a result of the existence of any declaration of national
    emergency in effect on the date of enactment of this Act [Sept. 14,
    1976]

    [[Page [1058]]]

    are terminated two years from the date of such enactment. Such
    termination shall not affect--
              (1) any action taken or proceeding pending not finally
            concluded or determined on such date;
              (2) any action or proceeding based on any act committed prior
            to such date; or
              (3) any rights or duties that matured or penalties that were
            incurred prior to such date.
      (b) For the purpose of this section, the words ``any national
    emergency in effect'' means a general declaration of emergency made by
    the President.

              title ii--declarations of future national emergencies

      Sec. 201. (a) With respect to Acts of Congress authorizing the
    exercise, during the period of a national emergency, of any special or
    extraordinary power, the President is authorized to declare such
    national emergency. Such proclamation shall immediately be transmitted
    to the Congress and published in the Federal Register.
      (b) Any provisions of law conferring powers and authorities to be
    exercised during a national emergency shall be effective and remain in
    effect (1) only when the President (in accordance with subsection (a) of
    this section), specifically declares a national emergency, and (2) only
    in accordance with this Act. No law enacted after the date of enactment
    of this Act shall supersede this title unless it does so in specific
    terms, referring to this title, and declaring that the new law
    supersedes the provisions of this title.
      Sec. 202. (a) Any national emergency declared by the President in
    accordance with this title shall terminate if--
              (1) there is enacted into law a joint resolution terminating
            the emergency; or
              (2) the President issues a proclamation terminating the
            emergency.
    Any national emergency declared by the President shall be terminated on
    the date specified in any joint resolution referred to in clause (1) or
    on the date specified in a proclamation by the President terminating the
    emergency as provided in clause (2) of this subsection, whichever date
    is earlier, and any powers or authorities exercised by reason of said
    emergency shall cease to be exercised after such specified date, except
    that such termination shall not affect--

    [[Page [1059]]]

              (A) any action taken or proceeding pending not finally
            concluded or determined on such date;
              (B) any action or proceeding based on any act committed prior
            to such date; or
              (C) any rights or duties that matured or penalties that were
            incurred prior to such date.
      (b) Not later than six months after a national emergency is declared,
    and not later than the end of each six-month period thereafter that such
    emergency continues, each House of Congress shall meet to consider a
    vote on a joint resolution to determine whether that emergency shall be
    terminated.
      (c)(1) A joint resolution to terminate a national emergency delared by
    the President shall be referred to the appropriate committee of the
    House of Representatives or the Senate, as the case may be. One such
    joint resolution shall be reported out by such committee together with
    its recommendations within fifteen calendar days after the day on which
    such resolution is referred to such committee, unless such House shall
    otherwise determine by the yeas and nays.
      (2) Any joint resolution so reported shall become the pending business
    of the House in question (in the case of the Senate the time for debate
    shall be equally divided between the proponents and the opponents) and
    shall be voted on within three calendar days after the day on which such
    resolution is reported, unless such House shall otherwise determine by
    yeas and nays.
      (3) Such a joint resolution passed by one House shall be referred to
    the appropriate committee of the other House and shall be reported out
    by such committee together within its recommendations within fifteen
    calendar days after the day on which such resolution is referred to such
    committee and shall thereupon become the pending business of such House
    and shall be voted upon within three calendar days after the day on
    which such resolution is reported, unless such House shall otherwise
    determine by yeas and nays.
      (4) In the case of any disagreement between the two Houses of Congress
    with respect to a joint resolution passed by both Houses, conferees
    shall be promptly appointed and the committee of conference shall make
    and file a report with respect to such joint resolution within six
    calendar days after the day on which managers on the part of the Senate
    and the House have been appointed. Notwithstanding any rule in either
    House concerning the

    [[Page [1060]]]

    printing of conference reports or concerning any delay in the
    consideration of such reports, such report shall be acted on by both
    Houses not later than six calendar days after the conference report is
    filed in the House in which such report is filed first. In the event the
    conferees are unable to agree within forty-eight hours, they shall
    report back to their respective Houses in disagreement.
      (5) Paragraphs (1)-(4) of this subsection (b) of this section, and
    section 502(b) of this Act are enacted by Congress--
              (A) as an exercise of the rulemaking power of the Senate and
            the House of Representatives, respectively, and as such they are
            deemed a part of the rules of each House, respectively, but
            applicable only with respect to the procedure to be followed in
            the House in the case of resolutions described by this
            subsection; and they supersede other rules only to the extent
            that they are inconsistent therewith; and
              (B) with full recognition of the constitutional right of
            either House to change the rules (so far as relating to the
            procedure of that House) at any time, in the same manner, and to
            the same extent as in the case of any other rule of that House.
      (d) Any national emergency declared by the President in accordance
    with this title, and not otherwise previously terminated, shall
    terminate on the anniversary of the declaration of that emergency if,
    within the ninety-day period prior to each anniversary date, the
    President does not publish in the Federal Register and transmit to the
    Congress a notice stating that such emergency is to continue in effect
    after such anniversary.
                                                                Sec. 1130(4)

         4. International Emergency Economic Powers Act [50 U.S.C. 1701]
    [DOCID:hd284-156]

      Sec. 203. (a)(1) At the times and to the extent specified in section
    202, the President may, under such regulations as he may prescribe, by
    means of instructions, licenses, or otherwise--
              (A) investigate, regulate, or prohibit--
                      (i) any transactions in foreign exchange,
                      (ii) transfers of credit or payments between, by,
                    through, or to any banking institution, to the extent
                    that such transfers or payments involve any interest of
                    any foreign country or a national thereof,

    [[Page [1061]]]

                      (iii) the importing or exporting of currency or
                    securities,
            by any person, or with respect to any property, subject to the
            jurisdiction of the United States;
              (B) investigate, block during the pendency of an
            investigation, regulate, direct and compel, nullify, void,
            prevent or prohibit, any acquisition, holding, withholding, use,
            transfer, withdrawal, transportation, importation or exportation
            of, or dealing in, or exercising any right, power, or privilege
            with respect to, or transactions involving, any property in
            which any foreign country or a national thereof has any interest
            by any person, or with respect to any property, subject to the
            jurisdiction of the United States; and
              (C) when the United States is engaged in armed hostilities or
            has been attacked by a foreign country or foreign nationals,
            confiscate any property, subject to the jurisdiction of the
            United States, of any foreign person, foreign organization, or
            foreign country that he determines has planned, authorized,
            aided, or engaged in such hostilities or attacks against the
            United States; and all right, title, and interest in any
            property so confiscated shall vest, when, as, and upon the terms
            directed by the President, in such agency or person as the
            President may designate from time to time, and upon such terms
            and conditions as the President may prescribe, such interest or
            property shall be held, used, administered, liquidated, sold, or
            otherwise dealt with in the interest of and for the benefit of
            the United States, and such designated agency or person may
            perform any and all acts incident to the accomplishment or
            furtherance of these purposes.

                                      * * *

      Sec. 207. * * * (b) The authorities described in subsection (a)(1) may
    not continue to be exercised under this section if the national
    emergency is terminated by the Congress by concurrent resolution
    pursuant to section 202 of the National Emergencies Act [50 U.S.C. 1622]
    and if the Congress specifies in such concurrent resolution that such
    authorities may not continue to be exercised under this section.

    [[Page [1062]]]

                                                                Sec. 1130(5)

    [DOCID:hd284-157]
    5. District of Columbia Home Rule Act, Sec. Sec. 303(b), 602(c), and 604

      Sec. 303. * * * (b) An amendment to the charter ratified by the
    registered electors shall take effect upon the expiration of the 35-
    calendar-day period (excluding Saturdays, Sundays, holidays, and days on
    which either House of Congress is not in session) following the date
    such amendment was submitted to the Congress, or upon the date
    prescribed by such amendment to the Congress, or upon the date
    prescribed by such amendment, whichever is later, unless during such 35-
    day period, there has been enacted into law a joint resolution, in
    accordance with the procedures specified in section 604 of this Act,
    disapproving such amendment. In any case in which any such joint
    resolution disapproving such an amendment has, within such 35-day
    period, passed both Houses of Congress and has been transmitted to the
    President, such resolution, upon becoming law subsequent to the
    expiration of such 35-day period, shall be deemed to have repealed such
    amendment, as of the date such resolution becomes law.

      Sec. 602. * * * (c)(1) Except acts of the Council which are submitted
    to the President in accordance with the Budget and Accounting Act, 1921,
    any act which the Council determines according to section 412(a), should
    take effect immediately because of emergency circumstances, and acts
    proposing amendments to title IV of this Act, and except as provided in
    section 462(c) [relative to general obligation bonds] and section
    472(d)(1) [relative to borrowing in anticipation of revenues], the
    Chairman of the Council shall transmit to the Speaker of the House of
    Representatives, and the President of the Senate a copy of each act
    passed by the Council and signed by the Mayor, or vetoed by the Mayor
    and repassed by two-thirds of the Council present and voting, each act
    passed by the Council and allowed to become effective by the Mayor
    without his signature, and each initiated act and act subject to
    referendum which has been ratified by a majority of the registered
    qualified electors voting on the initiative or referendum. Except as
    provided in paragraph (2), such act shall take effect upon the
    expiration of the 30-calendar-day period (excluding Saturdays, Sundays,
    and holidays, and any day on which neither House is in session because

    [[Page [1063]]]

    of an adjournment sine die, a recess of more than three days, or an
    adjournment of more than three days) beginning on the day such act is
    transmitted by the Chairman to the Speaker of the House of
    Representatives and the President of the Senate, or upon the date
    prescribed by such act, whichever is later, unless during such 30-day
    period, there has been enacted into law a joint resolution disapproving
    such act. In any case in which any such joint resolution disapproving
    such an act has, within such 30-day period, passed both Houses of
    Congress and has been transmitted to the President, such resolution,
    upon becoming law, subsequent to the expiration of such 30-day period,
    shall be deemed to have repealed such act, as of the date such
    resolution becomes law. The provisions of section 604, except
    subsections (d), (e), and (f) of such section, shall apply with respect
    to any joint resolution disapproving any act pursuant to this paragraph.
      (2) In the case of any such Act transmitted by the Chairman with
    respect to any Act codified in title 22, 23, or 24 of the District of
    Columbia Code, such act shall take effect at the end of the 60-day
    period beginning on the day such act is transmitted by the Chairman to
    the Speaker of the House of Representatives and the President of the
    Senate unless, during such 60-day period, there has been enacted into
    law a joint resolution disapproving such act. In any case in which any
    such joint resolution disapproving such an act has, within such 60-day
    period, passed both Houses of Congress and has been transmitted to the
    President, such resolution, upon becoming law subsequent to the
    expiration of such 60-day period shall be deemed to have repealed such
    act, as of the date such resolution becomes law. The provisions of
    section 604, relating to an expedited procedure for consideration of
    joint resolutions, shall apply to a joint resolution disapproving such
    act as specified in this paragraph.
      (3) The Council shall submit with each Act transmitted under this
    subsection an estimate of the costs which will be incurred by the
    District of Columbia as a result of the enactment of the Act in each of
    the first 4 fiscal years for which the Act is in effect, together with a
    statement of the basis for such estimate.

                congressional action on certain district matters

      Sec. 604. (a) This section is enacted by Congress--

    [[Page [1064]]]

              (1) as an exercise of the rulemaking power of the Senate and
            the House of Representatives, respectively, and as such these
            provisions are deemed a part of the rule of each House,
            respectively, but applicable only with respect to the procedure
            to be followed in that House in the case of resolutions
            described by this section; and they supersede other rules only
            to the extent that they are inconsistent therewith; and
              (2) with full recognition of the constitutional right of
            either House to change the rule (so far as relating to the
            procedure of that House) at any time, in the same manner and to
            the same extent as in the case of any other rule of that House.
      (b) For the purpose of this section, ``resolution'' means only a joint
    resolution, the matter after the resolving clause of which is as
    follows: ``That the ------ approves/disapproves of the action of the
    District of Columbia Council described as follows: ------.'', the blank
    spaces therein being appropriately filled, and either approval or
    disapproval being appropriately indicated; but does not include a
    resolution which specifies more than one action.
      (c) A resolution with respect to Council action shall be referred to
    the Committee on Government Reform of the House of Representatives, or
    the Committee on the District of Columbia of the Senate, by the
    President of the Senate or the Speaker of the House of Representatives,
    as the case may be.
      (d) If the committee to which a resolution has been referred has not
    reported it at the end of twenty calendar days after its introduction,
    it is in order to move to discharge the committee from further
    consideration of any other resolution with respect to the same Council
    action which has been referred to the committee.
      (e) A motion to discharge may be made only by an individual favoring
    the resolution, is highly privileged (except that it may not be made
    after the committee has reported a resolution with respect to the same
    action), and debate thereon shall be limited to not more than one hour,
    to be divided equally between those favoring and those opposing the
    resolution. An amendment to the motion is not in order, and it is not in
    order to move to reconsider the vote by which the motion is agreed to or
    disagreed to.
      (f) If the motion to discharge is agreed to or disagreed to, the
    motion may not be renewed, nor may another motion to discharge the
    committee be made with respect to any other resolution with respect to
    the same action.

    [[Page [1065]]]

      (g) When the committee has reported, or has been discharged from
    further consideration of, a resolution, it is at any time thereafter in
    order (even though a previous motion to the same effect has been
    disagreed to) to move to proceed to the consideration of the resolution.
    The motion is highly privileged and is not debatable. An amendment to
    the motion is not in order, and it is not in order to move to reconsider
    the vote by which the motion is agreed to or disagreed to.
      (h) Debate on the resolution shall be limited to not more than ten
    hours, which shall be divided equally between those favoring and those
    opposing the resolution. A motion further to limit debate is not
    debatable. An amendment to, or motion to recommit, the resolution is not
    in order, and it is not in order to move to reconsider the vote by which
    the resolution is agreed to or disagreed to.
      (i) Motions to postpone made with respect to the discharge from
    committee or the consideration of a resolution, and motions to proceed
    to the consideration of other business, shall be decided without debate.
      (j) Appeals from the decisions of the Chair relating to the
    application of the rules of the Senate or the House of Representatives
    as the case may be, to the procedure relating to a resolution shall be
    decided without debate.

      It is not in order to offer as privileged a motion to discharge the
    Committee on the District of Columbia (now Government Reform) from a
    simple (now joint) resolution disapproving an act passed by the D.C.
    City Council prior to the time that the Council was vested with the
    authority to pass the category of act to which the simple resolution
    disapproval procedure applies (Speaker Albert, Sept. 22, 1976, pp.
    31873-74). The D.C. City Council subsequently having been vested with
    that authority, a motion to discharge the Committee on the District of
    Columbia (now Government Reform) from further consideration of a (joint)
    resolution disapproving an act of the Council amending the D.C. Criminal
    Code is privileged after 20 calendar days from introduction of the
    resolution, if not reported during that time (Oct. 1, 1981, p. 22752;
    Oct. 14, 1987, p. 27847).
      Section 604 does not provide a privileged motion to discharge the
    District of Columbia Committee from a concurrent (now joint) resolution
    disapproving acts of the D.C. City Council not affecting the D.C.
    Criminal Code, such concurrent resolutions only being privileged when
    reported by that committee (Speaker Albert, Sept. 22, 1976, pp. 31873-
    74). Under section 604(h), debate on a concurrent (now joint) resolution
    of disapproval can be limited by motion, but otherwise extends not to
    exceed 10 hours; a concurrent (now joint) resolution disapproving an
    action of the D.C. Council which does not affect the U.S. Treasury is
    considered in the House (Dec. 20, 1979, p. 7303).

    [[Page [1066]]]

                                                               Sec. 1130(6A)

    [DOCID:hd284-158]
     6. Title X of the Congressional Budget and Impoundment Control Act of
                                      1974

               a. impoundment control, Sec. Sec. 1011-13 and 1017

                            [2 U.S.C. 682-84 and 688]

                                   definitions

      Sec. 1011. For purposes of this part--
              (1) ``deferral of budget authority'' includes--
                      (A) withholding or delaying the obligation or
                    expenditure of budget authority (whether by establishing
                    reserves or otherwise) provided for projects or
                    activities; or
                      (B) any other type of Executive action or inaction
                    which effectively precludes the obligation or
                    expenditure of budget authority, including authority to
                    obligate by contract in advance of appropriations as
                    specifically authorized by law;
              (2) ``Comptroller General'' means the Comptroller General of
            the United States;
              (3) ``rescission bill'' means a bill or joint resolution which
            only rescinds, in whole or in part, budget authority proposed to
            be rescinded in a special message transmitted by the President
            under section 1012, and upon which the Congress completes action
            before the end of the first period of 45 calendar days of
            continuous session of the Congress after the date on which the
            President's message is received by the Congress;
              (4) ``impoundment resolution'' means a resolution of the House
            of Representatives or the Senate which only expresses its
            disapproval of a proposed deferral of budget authority set forth
            in a special message transmitted by the President under section
            1013; and
              (5) continuity of a session of the Congress shall be
            considered as broken only by an adjournment of the Congress sine
            die, and the days on which either House is not in session
            because of an adjournment of more than 3 days to a day certain
            shall be excluded in the computation of the 45-day period
            referred to in paragraph (3) of this section and in section
            1012, and the 25-day periods referred to in sections 1016 and
            1017(b)(1). If a special message is transmitted under section
            1012 during any Congress and the last session

    [[Page [1067]]]

            of such Congress adjourns sine die before the expiration of 45
            calendar days of continuous session (or a special message is so
            transmitted after the last session of the Congress adjourns sine
            die), the message shall be deemed to have been retransmitted on
            the first day of the succeeding Congress and the 45-day period
            referred to in paragraph (3) of this section and in section 1012
            (with respect to such message) shall commence on the day after
            such first day.

                         rescission of budget authority

      Sec. 1012. (a) transmittal of special message.--Whenever the President
    determines that all or part of any budget authority will not be required
    to carry out the full objectives or scope of programs for which it is
    provided or that such budget authority should be rescinded for fiscal
    policy or other reasons (including the termination of authorized
    projects or activities for which budget authority has been provided), or
    whenever all or part of budget authority provided for only one fiscal
    year is to be reserved from obligation for such fiscal year, the
    President shall transmit to both Houses of Congress a special message
    specifying--
              (1) the amount of budget authority which he proposes to be
            rescinded or which is to be so reserved;
              (2) any account, department, or establishment of the
            Government to which such budget authority is available for
            obligation, and the specific project or governmental functions
            involved;
              (3) the reasons why the budget authority should be rescinded
            or is to be so reserved;
              (4) to the maximum extent practicable, the estimated fiscal,
            economic, and budgetary effect of the proposed rescission or of
            the reservation; and
              (5) all facts, circumstances, and considerations relating to
            or bearing upon the proposed rescission or the reservation and
            the decision to effect the proposed rescission or the
            reservation, and to the maximum extent practicable, the
            estimated effect of the proposed rescission or the reservation
            upon the objects, purposes, and programs for which the budget
            authority is provided.
      (b) requirement to make available for obligation.--Any amount of
    budget authority proposed to be rescinded or that is to be reserved as
    set forth in such special mes

    [[Page [1068]]]

    sage shall be made available for obligation unless, within the
    prescribed 45-day period, the Congress has completed action on a
    rescission bill rescinding all or part of the amount proposed to be
    rescinded or that is to be reserved. Funds made available for obligation
    under this procedure may not be proposed for rescission again.

                     proposed deferrals of budget authority

      Sec. 1013. (a) transmittal of special message.--Whenever the
    President, the Director of the Office of Management and Budget, the head
    of any department or agency of the United States, or any officer or
    employee of the United States proposes to defer any budget authority
    provided for a specific purpose or project, the President shall transmit
    to the House of Representatives and the Senate a special message
    specifying--
              (1) The amount of the budget authority proposed to be
            deferred;
              (2) any account, department, or establishment of the
            Government to which such budget authority is available for
            obligation, and the specific projects or governmental functions
            involved;
              (3) the period of time during which the budget authority is
            proposed to be deferred;
              (4) the reasons for the proposed deferral, including any legal
            authority invoked to justify the proposed deferral;
              (5) to the maximum extent practicable, the estimated fiscal,
            economic, and budgetary effect of the proposed deferral; and
              (6) all facts, circumstances, and considerations relating to
            or bearing upon the proposed deferral and the decision to effect
            the proposed deferral, including an analysis of such facts,
            circumstances, and considerations in terms of their application
            to any legal authority, including specific elements of legal
            authority, invoked to justify such proposed deferral, and to the
            maximum extent practicable, the estimated effect of the proposed
            deferral upon the objects, purposes, and programs for which the
            budget authority is provided.
    A special message may include one or more proposed deferrals of budget
    authority. A deferral may not be proposed for any period of time
    extending beyond the end of the fiscal year in which the special message
    proposing the deferral is transmitted to the House and the Senate.

    [[Page [1069]]]

      (b) consistency with legislative policy.--Deferrals shall be
    permissible only--
              (1) to provide for contingencies;
              (2) to achieve savings made possible by or through changes in
            requirements or greater efficiency of operations; or
              (3) as specifically provided by law.
    No officer or employee of the United States may defer any budget
    authority for any other purpose.
      (c) exception.--The provisions of this section do not apply to any
    budget authority proposed to be rescinded or that is to be reserved as
    set forth in a special message required to be transmitted under section
    1012.

                                      * * *

                          procedure in house and senate

      Sec. 1017. (a) referral.--Any rescission bill introduced with respect
    to a special message or impoundment resolution introduced with respect
    to a proposed deferral of budget authority shall be referred to the
    appropriate committee of the House of Representatives or the Senate, as
    the case may be.
      (b) discharge of committee.--(1) If the committee of which a
    rescission bill or impoundment resolution has been referred has not
    reported it at the end of 25 calendar days of continuous session of the
    Congress after its introduction, it is in order to move either to
    discharge the committee from further consideration of the bill or
    resolution or to discharge the committee from further consideration of
    any other rescission bill with respect to the same special message or
    impoundment resolution with respect to the same proposed deferral, as
    the case may be, which has been referred to the committee.
      (2) A motion to discharge may be made only by an individual favoring
    the bill or resolution, may be made only if supported by one-fifth of
    the Members of the House involved (a quorum being present), and is
    highly privileged in the House and privileged in the Senate (except that
    it may not be made after the committee has reported a bill or resolution
    with respect to the same special message or the same proposed deferral,
    as the case may be); and debate thereon shall be limited to not more
    than 1 hour, the time to be divided in the House equally between those
    favoring and those opposing the bill or resolution, and to be divided in
    the Senate equally between, and controlled by,

    [[Page [1070]]]

    the majority leader and the minority leader or their designees. An
    amendment to the motion is not in order, and it is not in order to move
    to reconsider the vote by which the motion is agreed to or disagreed to.
      (c) floor consideration in the house.--(1) When the committee of the
    House of Representatives has reported, or has been discharged from
    further consideration of, a rescission bill or impoundment resolution,
    it shall at any time thereafter be in order (even though a previous
    motion to the same effect has been disagreed to) to move to proceed to
    the consideration of the bill or resolution. The motion shall be highly
    privileged and not debatable. An amendment to the motion shall not be in
    order, nor shall it be in order to move to reconsider the vote by which
    the motion is agreed to or disagreed to.
      (2) Debate on a rescission bill or impoundment resolution shall be
    limited to not more than 2 hours, which shall be divided equally between
    those favoring and those opposing the bill or resolution. A motion
    further to limit debate shall not be debatable. In the case of an
    impoundment resolution, no amendment to, or motion to recommit, the
    resolution shall be in order. It shall not be in order to move to
    reconsider the vote by which a rescission bill or impoundment resolution
    is agreed to or disagreed to.
      (3) Motions to postpone, made with respect to the consideration of a
    rescission bill or impoundment resolution, and motions to proceed to the
    consideration of other business, shall be decided without debate.
      (4) All appeals from the decisions of the Chair relating to the
    application of the Rules of the House of Representatives to the
    procedure relating to any rescission bill or impoundment resolution
    shall be decided without debate.
      (5) Except to the extent specifically provided in the preceding
    provisions of this subsection, consideration of any rescission bill or
    impoundment resolution and amendments thereto (or any conference report
    thereon) shall be governed by the Rules of the House of Representatives
    applicable to other bills and resolutions, amendments, and conference
    reports in similar circumstances.
      (d) floor consideration in the senate.--(1) Debate in the Senate on
    any rescission bill or impoundment resolution, and all amendments
    thereto (in the case of a rescission bill) and debatable motions and
    appeals in connection therewith, shall be limited to not more than 10
    hours. The time shall be equally divided between, and controlled by,

    [[Page [1071]]]

    the majority leader and the minority leader or their designees.
      (2) Debate in the Senate on any amendment to a rescission bill shall
    be limited to 2 hours, to be equally divided between, and controlled by,
    the mover and the manager of the bill. Debate on any amendment to an
    amendment, to such a bill, and debate on any debatable motion or appeal
    in connection with such a bill or an impoundment resolution shall be
    limited to 1 hour, to be equally divided between, and controlled by, the
    mover and the manager of the bill or resolution, except that in the
    event the manager of the bill or resolution is in favor of any such
    amendment, motion, or appeal, the time in opposition thereto, shall be
    controlled by the minority leader or his designee. No amendment that is
    not germane to the provisions of a rescission bill shall be received.
    Such leaders, or either of them, may, from the time under their control
    on the passage of a rescission bill or impoundment resolution, allot
    additional time to any Senator during the consideration of any
    amendment, debatable motion, or appeal.
      (3) A motion to further limit debate is not debatable. In the case of
    a rescission bill, a motion to recommit (except a motion to recommit
    with instructions to report back within a specified number of days, not
    to exceed 3, not counting any day on which the Senate is not in session)
    is not in order. Debate on any such motion to recommit shall be limited
    to one hour, to be equally divided between, and controlled by, the mover
    and the manager of the concurrent resolution. In the case of an
    impoundment resolution, no amendment or motion to recommit is in order.
      (4) The conference report on any rescission bill shall be in order in
    the Senate at any time after the third day (excluding Saturdays,
    Sundays, and legal holidays) following the day on which such a
    conference report is reported and is available to Members of the Senate.
    A motion to proceed to the consideration of the conference report may be
    made even though a previous motion to the same effect has been disagreed
    to.
      (5) During the consideration in the Senate of the conference report on
    any rescission bill, debate shall be limited to 2 hours, to be equally
    divided between, and controlled by, the majority leader and minority
    leader or their designees. Debate on any debatable motion or appeal
    related to the conference report shall be limited to 30 min

    [[Page [1072]]]

    utes, to be equally divided between, and controlled by, the mover and
    the manager of the conference report.
      (6) Should the conference report be defeated, debate on any request
    for a new conference and the appointment of conferees shall be limited
    to one hour, to be equally divided, between, and controlled by, the
    manager of the conference report and the minority leader or his
    designee, and should any motion be made to instruct the conferees before
    the conferees are named, debate on such motion shall be limited to 30
    minutes, to be equally divided between, and controlled by, the mover and
    the manager of the conference report. Debate on any amendment to any
    such instructions shall be limited to 20 minutes, to be equally divided
    between, and controlled by the mover and the manager of the conference
    report. In all cases when the manager of the conference report is in
    favor of any motion, appeal, or amendment, the time in opposition shall
    be under the control of the minority leader or his designee.
      (7) In any case in which there are amendments in disagreement, time on
    each amendment shall be limited to 30 minutes, to be equally divided
    between, and controlled by, the manager of the conference report and the
    minority leader or his designee. No amendment that is not germane to the
    provisions of such amendments shall be received.

      The privileged status given in section 1017(c)(1) to rescission bills
    within the 45-day period prescribed in section 1011 applies only to the
    initial consideration of the bill in the House, and consideration of a
    conference report on any bill containing rescissions of budget authority
    is subject only to the general rules of the House relating to conference
    reports and is not prevented by the expiration of the 45-day period
    following the initial consideration of the bill in the House (Speaker
    Albert, Mar. 25, 1975, pp. 8484-85).
                                                               Sec. 1130(6B)

                 b. line item veto authority, Sec. Sec. 1021-27

                               [2 U.S.C. 691-91f]

                            line item veto authority

      In Clinton v. City of New York, 524 U.S. 417 (1998), the Supreme Court
    held that the cancellation procedures of the Line Item Veto Act violated
    the presentment clause of article I, section 7 of the Constitution.
    During the period between the January 1, 1997, effective date of the Act
    and the Court decision, the President exercised his authority under the
    Act to cancel dollar amounts of discretionary budget authority (see
    e.g., H. Doc. 105-

    [[Page [1073]]]

    147), new direct spending (H. Doc. 105-115), and limited tax benefits
    (H. Doc. 105-116). Cancellations were effective unless disapproved by
    law (P.L. 105-159). While the congressional review procedures remain in
    the law, the Court decision makes it unlikely that they will be invoked.
    Accordingly their text is omitted here but may be found in pp. 1029-45
    of the House Rules and Manual for the 105th Congress. The procedures may
    be summarized as follows: The cancellations were transmitted to the
    Congress by the President by a special message within five calendar days
    after the enactment of the law to which the cancellation applied. The
    Act provided for a congressional review period of 30 calendar days of
    session with expedited House consideration of bills disapproving the
    cancellations including: (1) prescribing the text (section 1026(6)); (2)
    referral to committee with directions to report within seven calendar
    days subject to a motion to discharge (section 1025(d)); (3)
    consideration of a disapproval bill in the Committee of the Whole with
    no amendment in order (except that a Member, supported by 49 other
    Members, could offer an amendment striking cancellations from the bill),
    and consideration of the bill for amendment limited to one hour (section
    1025(d)); and (4) one-calendar-day availability for a conference report
    (section 1025(f)). The Act also provided for expedited procedures in the
    Senate, and was to have no force or effect after January 1, 2005.
                                                                Sec. 1130(7)

    [DOCID:hd284-159]
        7. Foreign Spent Nuclear Fuel [Department of Energy Act of 1978--
               Civilian Applications, Sec. 107 (22 U.S.C. 3224a)]

      Sec. 107. * * * Provided, That notwithstanding any other provision of
    law, that none of the funds made available to the Secretary of Energy
    under any other authorization or appropriation Act shall be used,
    directly or indirectly, for the repurchase, transportation or storage of
    any foreign spent nuclear fuel (including any nuclear fuel irradiated in
    any nuclear power reactor located outside of the United States and
    operated by any foreign legal entity, government or nongovernment,
    regardless of the legal ownership or control of the fuel or the reactor,
    and regardless of the origin or licensing of the fuel or the reactor,
    but not including fuel irradiated in a research reactor, and not
    including fuel irradiated in a power reactor if the President determines
    that (1) use of funds for repurchase, transportation or storage of such
    fuel is required by an emergency situation, (2) it is in the interest of
    the common defense and security of the United States to take such
    action, and (3) he notifies the Congress of the determination and
    action, with a detailed explanation and justification

    [[Page [1074]]]

    thereof, as soon as possible) unless the President formally notifies,
    with the report information specified herein, the Committee on Energy
    and Natural Resources of the Senate and the Committee on Science of the
    House of Representatives of such use of funds thirty calendar days,
    during such time as either House of Congress is in session, before the
    commitment, expenditure, or obligation of such funds: And provided
    further, That, notwithstanding any other provision of law, that none of
    the funds appropriated pursuant to this Act or any other funds made
    available to the Secretary of Energy under any other authorization or
    appropriation Act shall be used, directly or indirectly, for the
    repurchase, transportation, or storage of any such foreign spent nuclear
    fuel for storage or other disposition, interim or permanent, in the
    United States, unless the use of the funds for that specific purpose has
    been (1) previously and expressly authorized by Congress in legislation
    hereafter enacted, (2) previously and expressly authorized by a
    concurrent resolution, or (3) the President submits a plan for such use,
    with the report information specified herein, thirty days during which
    the Congress is in continuous session, as defined in the Impoundment
    Control Act of 1974, prior to such use and neither House of Congress
    approves a resolution of disapproval of the plan prior to the expiration
    of the aforementioned thirty-day period. If such a resolution of
    disapproval has been introduced, but has not been reported by the
    Committee on or before the twentieth day after transmission of the
    presidential message, a privileged motion shall be in order in the
    respective body to discharge the Committee from further consideration of
    the resolution and to provide for its immediate consideration, using the
    procedures specified for consideration of an impoundment resolution in
    section 1017 of the Impoundment Control Act of 1974 (2 U.S.C. 688).

      This provision should be read in light of INS v. Chadha, 462 U.S. 919
    (1983).
                                                                Sec. 1130(8)

             8. Pension Reform Act, Sec. 4006(b) [29 U.S.C. 1306(b)]
    [DOCID:hd284-160]

      Sec. 4006. revised coverage schedules-- * * * (b)(1) In order to place
    a revised schedule (other than a schedule described in subsection (a)(2)
    (C), (D), or (E) in effect, the corporation shall transmit the proposed
    schedule, its pro

    [[Page [1075]]]

    posed effective date, and the reasons for its proposal to the Committee
    on Ways and Means and the Committee on Economic and Educational
    Opportunities of the House of Representatives, and to the Committee on
    Finance and the Committee on Labor and Human Resources of the Senate.
      (2) The succeeding paragraphs of this subsection are enacted by
    Congress as an exercise of the rulemaking power of the Senate and the
    House of Representatives, respectively, and as such they shall be deemed
    a part of the rules of each House, respectively, but applicable only
    with respect to the procedure to be followed in that House in the case
    of resolutions described in paragraph (3). They shall supersede other
    rules only to the extent that they are inconsistent therewith. They are
    enacted with full recognition of the constitutional right of either
    House to change the rules (so far as relating to the procedure of that
    House) at any time, in the same manner and to the same extent as in the
    case of any rule of that House.
      (3) For the purpose of the succeeding paragraphs of this subsection,
    ``resolution'' means only a joint resolution, the matter after the
    resolving clause of which is as follows: ``The proposed revised schedule
    transmitted to Congress by the Pension Benefit Guaranty Corporation on
    ------ is hereby approved.'', the blank space therein being filled with
    the date on which the corporation's message proposing the rate was
    delivered.
      (4) A resolution shall be referred to the Committee on Ways and Means
    and the Committee on Economic and Educational Opportunities of the House
    of Representatives and to the Committee on Finance and the Committee on
    Labor and Human Resources of the Senate.
      (5) If a committee to which has been referred a resolution has not
    reported it before the expiration of 10 calendar days after its
    introduction, it shall then (but not before) be in order to move to
    discharge the committee from further consideration of that resolution,
    or to discharge the committee from further consideration of any other
    resolution with respect to the proposed adjustment which has been
    referred to the committee. The motion to discharge may be made only by a
    person favoring the resolution, shall be highly privileged (except that
    it may not be made after the committee has reported a resolution with
    respect to the same proposed rate), and debate thereon shall be limited
    to not more than 1 hour, to be divided equally between those favoring
    and those opposing the resolution.

    [[Page [1076]]]

    An amendment to the motion is not in order, and it is not in order to
    move to reconsider the vote by which the motion is agreed to or
    disagreed to. If the motion to discharge is agreed to or disagreed to,
    the motion may not be renewed, nor may another motion to discharge the
    committee be made with respect to any other resolution with respect to
    the same proposed rate.
      (6) When a committee has reported, or has been discharged from further
    consideration of a resolution, it is at any time thereafter in order
    (even though a previous motion to the same effect has been disagreed to)
    to move to proceed to the consideration of the resolution. The motion is
    highly privileged and is not debatable. An amendment to the motion is
    not in order, and it is not in order to move to reconsider the vote by
    which the motion is agreed to or disagreed to. Debate on the resolution
    shall be limited to not more than 10 hours, which shall be divided
    equally between those favoring and those opposing the resolution. A
    motion further to limit debate is not debatable. An amendment to, or
    motion to recommit, the resolution is not in order, and it is not in
    order to move to reconsider the vote by which the resolution is agreed
    to or disagreed to.
      (7) Motions to postpone, made with respect to the discharge from
    committee, or the consideration of, a resolution and motions to proceed
    to the consideration of other business shall be decided without debate.
    Appeals from the decisions of the Chair relating to the application of
    the rules of the Senate or the House of Representatives, as the case may
    be, to the procedure relating to a resolution shall be decided without
    debate.

      By unanimous consent a concurrent resolution approving a revised
    coverage schedule proposed by the Pension Benefit Guaranty Corporation
    was considered in the House as in Committee of the Whole (Nov. 2, 1977,
    pp. 36644-46).
                                                                Sec. 1130(9)

    [DOCID:hd284-161]
      9. Multiemployer Guarantees, Revised Schedules [Employee Retirement
           Income Security Act of 1974, Sec. 4022A (29 U.S.C. 1322a)]

                     multiemployer plan benefits guaranteed

      Sec. 4022A. * * * (f)(1) No later than 5 years after September 26,
    1980, and at least every fifth year thereafter, the corporation shall--
              (A) conduct a study to determine--

    [[Page [1077]]]

                      (i) the premiums needed to maintain the basic-benefit
                    guarantee levels for multiemployer plans described in
                    subsection (c), and
                      (ii) whether the basic-benefit guarantee levels for
                    multiemployer plans may be increased without increasing
                    the basic-benefit premiums for multiemployer plans under
                    this title; and
              (B) report such determinations to the Committee on Ways and
            Means and the Committee on Economic and Educational
            Opportunities of the House of Representatives and to the
            Committee on Finance and the Committee on Labor and Human
            Resources of the Senate.
      (2)(A) If the last report described in paragraph (1) indicates that a
    premium increase is necessary to support the existing basic-benefit
    guarantee levels for multiemployer plans, the corporation shall transmit
    to the Committee on Ways and Means and the Committee on Economic and
    Educational Opportunities of the House of Representatives and to the
    Committee on Finance and the Committee on Labor and Human Resources of
    the Senate by March 31 of any calendar year in which congressional
    action under this subsection is requested--
              (i) a revised schedule of basic-benefit guarantees for
            multiemployer plans which would be necessary in the absence of
            an increase in premiums approved in accordance with section
            4006(b) [29 U.S.C. 1306(b)],
              (ii) a revised schedule of basic-benefit premiums for
            multiemployer plans which is necessary to support the existing
            basic-benefit guarantees for such plans, and
              (iii) a revised schedule of basic-benefit guarantees for
            multiemployer plans for which the schedule of premiums necessary
            is higher than the existing premium schedule for such plans but
            lower than the revised schedule of premiums for such plans
            specified in clause (ii), together with such schedule of
            premiums.
      (B) The revised schedule of increased premiums referred to in
    subparagraph (A)(ii) or (A)(iii) shall go into effect as approved by the
    enactment of a joint resolution.
      (C) If an increase in premiums is not so enacted, the revised
    guarantee schedule described in subparagraph (A)(i) shall go into effect
    on the first day of the second calendar year following the year in which
    such revised guarantee schedule was submitted to the Congress.
      (3)(A) If the last report described in paragraph (1) indicates that
    basic-benefit guarantees for multiemployer

    [[Page [1078]]]

    plans can be increased without increasing the basic-benefit premiums for
    multiemployer plans under this title, the corporation shall submit to
    the Committee on Ways and Means and the Committee on Economic and
    Educational Opportunities of the House of Representatives and to the
    Committee on Finance and the Committee on Labor and Human Resources of
    the Senate by March 31 of the calendar year in which congressional
    action under this paragraph is requested--
              (i) a revised schedule of increases in the basic-benefit
            guarantees which can be supported by the existing schedule of
            basic-benefit premiums for multiemployer plans, and
              (ii) a revised schedule of basic-benefit premiums sufficient
            to support the existing basic-benefit guarantees.
      (B) The revised schedules referred to in subparagraph (A)(i) or
    subparagraph (A)(ii) shall go into effect as approved by the Congress by
    the enactment of a joint resolution.
      (4)(A) The succeeding subparagraphs of this paragraph are enacted by
    the Congress as an exercise of the rulemaking power of the Senate and
    the House of Representatives, respectively, and as such they shall be
    deemed a part of the rules of each House, respectively, but applicable
    only with respect to the procedure to be followed in that House in the
    case of joint resolutions (as defined in subparagraph (B)). Such
    subparagraphs shall supersede other rules only to the extent that they
    are inconsistent therewith. They are enacted with full recognition of
    the constitutional right of either House to change the rules (so far as
    relating to the procedure of that House) at any time, in the same
    manner, and to the same extent as in the case of any rule of that House.
      (B) For purposes of this subsection, ``joint resolution'' means only a
    joint resolution, the matter after the resolving clause of which is as
    follows: ``The proposed schedule described in ------ transmitted to the
    Congress by the Pension Benefit Guaranty Corporation on ------ is hereby
    approved.'', the first blank space therein being filled with ``section
    4022A(f)(2)(A)(ii) of the Employee Retirement Income Security Act of
    1974'', ``section 4022A(f)(2)(A)(iii) of the Employee Retirement Income
    Security Act of 1974'', ``section 4022A(f)(3)(A)(i) of the Employee
    Retirement Income Security Act of 1974'', or ``section
    4022A(f)(3)(A)(ii) of the Employee Retirement Income Security Act of
    1974''

    [[Page [1079]]]

    (whichever is applicable), and the second blank space therein being
    filled with the date on which the corporation's message proposing the
    revision was submitted.
      (C) The procedure for disposition of a joint resolution shall be the
    procedure described in section 4006(b)(4) through (7) [29 U.S.C.
    1306(b)(4)-(7)]. * * *
      (g)(4)(A) No revised schedule of premiums under this subsection, after
    the initial schedule, shall go into effect unless--
              (i) the revised schedule is submitted to the Congress, and
              (ii) a joint resolution described in subparagraph (B) is not
            adopted before the close of the 60th legislative day after such
            schedule is submitted to the Congress.
      (B) For purposes of subparagraph (A), a joint resolution described in
    this subparagraph is a joint resolution the matter after the resolving
    clause of which is as follows: ``The revised premium schedule
    transmitted to the Congress by the Pension Benefit Guaranty Corporation
    under section 4022A(g)(4) of the Employee Retirement Income Security Act
    of 1974 on ------ is hereby disapproved.'', the blank space therein
    being filled with the date on which the revised schedule was submitted.
      (C) For purposes of subparagraph (A), the term ``legislative day''
    means any calendar day other than a day on which either House is not in
    session because of a sine die adjournment or an adjournment of more than
    3 days to a day certain.
      (D) The procedure for disposition of a joint resolution described in
    subparagraph (B) shall be the procedure described in paragraphs (4)
    through (7) of section 4006(b) [29 U.S.C. 1306(b)(4)-(7)].
                                                               Sec. 1130(10)

    [DOCID:hd284-162]
     10. Nuclear Non-Proliferation Provisions of the Atomic Energy Act [42
                                 U.S.C 2153-60]

                         cooperation with other nations

                                [42 U.S.C. 2153]

      Sec. 123. cooperation with other nations.--
      No cooperation with any nation, group of nations or regional defense
    organization pursuant to section 53, 54a., 57, 64, 82, 91, 103, 104, or
    144 [42 U.S.C. 2073, 2074(a), 2077, 2094, 2112, 2121, 2133, 2134, or
    2164] shall be undertaken until--

    [[Page [1080]]]

      a. the proposed agreement for cooperation has been submitted to the
    President, which proposed agreement shall include the terms, conditions,
    duration, nature, and scope of the cooperation; and shall include the
    following requirements: * * *
      b. the President has submitted text of the proposed agreement for
    cooperation (except an agreement arranged pursuant to subsection 91(c),
    144(b), 144(c), or 144(d) [42 U.S.C. 2121(c), 2164(b), 2164(c), or
    2164(d)], together with the accompanying unclassified Nuclear
    Proliferation Assessment Statement, to the Committee on Foreign
    Relations of the Senate and the Committee on Foreign Affairs of the
    House of Representatives, the President has consulted with such
    Committees for a period of not less than thirty days of continuous
    session (as defined in section 130 [42 U.S.C. 2159]) concerning the
    consistency of the terms of the proposed agreement with all the
    requirements of this chapter, and the President has approved and
    authorized the execution of the proposed agreement for cooperation and
    has made a determination in writing that the performance of the proposed
    agreement will promote, and will not constitute an unreasonable risk to,
    the common defense and security;
      c. the proposed agreement for cooperation (if not an agreement subject
    to subsection d.), together with the approval and determination of the
    President, has been submitted to the Committee on International
    Relations of the House of Representatives and the Committee on Foreign
    Relations of the Senate for a period of thirty days of continuous
    session (as defined in subsection 130g. [42 U.S.C. 2159(g)]): Provided,
    however, That these committees, after having received such agreement for
    cooperation, may by resolution in writing waive the conditions of all or
    any portion of such thirty-day period; and
      d. the proposed agreement for cooperation (if arranged pursuant to
    subsection 91c., 144b., 144c., or 144d. [42 U.S.C. 2121(c), 2164(b),
    2164(c), or 2164(d)], or if entailing implementation of section 53,
    54a., 103, or 104 [42 U.S.C. 2073, 2074(a), 2133, or 2134] in relation
    to a reactor that may be capable of producing more than five thermal
    megawatts or special nuclear material for use in connection therewith)
    has been submitted to the Congress, together with the approval and
    determination of the President, for a period of sixty days of continuous
    session (as defined in subsection 130g. of this Act [42 U.S.C. 2159(g)])
    and referred to the Committee on International Relations

    [[Page [1081]]]

    of the House of Representatives and the Committee on Foreign Relations
    of the Senate, and in addition, in the case of a proposed agreement for
    cooperation arranged pursuant to subsection 91c., 144b., 144c., or 144d.
    [42 U.S.C. 2121(c), 2164(b), 2164(c), or 2164(d)], the Committee on
    Armed Services of the House of Representatives and the Committee on
    Armed Services of the Senate, but such proposed agreement for
    cooperation shall not become effective if during such sixty-day period
    the Congress adopts and there is enacted, a joint resolution stating in
    substance that the Congress does not favor the proposed agreement for
    cooperation: Provided, That the sixty-day period shall not begin until a
    Nuclear Proliferation Assessment Statement prepared by the Secretary of
    State, and any annexes thereto, when required by subsection a., have
    been submitted to the Congress. * * *

    Any such proposed agreement for cooperation shall be considered pursuant
    to the procedures set forth in section 130(i) of this Act [42 U.S.C.
    2159(i)].
      Following submission of a proposed agreement for co-operation (except
    an agreement for cooperation arranged pursuant to subsection 91c.,
    144b., 144c., or 144d. [42 U.S.C. 2121(c), 2164(b), 2164(c), or
    2164(d)]) to the Committee on International Relations of the House of
    Representatives and the Committee on Foreign Relations of the Senate,
    the Nuclear Regulatory Commission, the Department of State, the
    Department of Energy, and the Department of Defense shall, upon the
    request of either of those committees, promptly furnish to those
    committees their views as to whether the safeguards and other controls
    contained therein provide an adequate framework to ensure that any
    exports as contemplated by such agreement will not be inimical to or
    constitute an unreasonable risk to the common defense and security.
      If, after March 10, 1978, the Congress fails to disapprove a proposed
    agreement for cooperation which exempts the recipient nation from the
    requirement set forth in subsection a.(2), such failure to act shall
    constitute a failure to adopt a resolution of disapproval pursuant to
    subsection 128b.(3) [42 U.S.C. 2157(b)(3)] for purposes of the
    Commission's consideration of applications and requests under section
    126a.(2) [42 U.S.C. 2155(a)(2)] and there shall be no congressional
    review pursuant to section 128 [42 U.S.C. 2157] of any subsequent
    license or authorization with respect to that until the first such
    license or authorization which is issued after twelve months from

    [[Page [1082]]]

    the elapse of the sixty-day period in which the agreement for
    cooperation in question is reviewed by the Congress.

                           export licensing procedures

                                [42 U.S.C. 2155]

      Sec. 126. export licensing procedures.--
      a. No license may be issued by the Nuclear Regulatory Commission (the
    ``Commission'') for the export of any production or utilization
    facility, or any source material or special nuclear material, including
    distributions of any material by the Department of Energy under sections
    54, 64, or 82 [42 U.S.C. 2074, 2094, 2112], for which a license is
    required or requested, and no exemption from any requirement for such an
    export license may be granted by the Commission, as the case may be,
    until-- * * *

      Provided, That continued cooperation under an agreement for
    cooperation as authorized in accordance with section 124 of this Act [42
    U.S.C. 2154] shall not be prevented by failure to meet the provisions of
    paragraph (4) or (5) of section 127 [42 U.S.C. 2156(4) or (5)] for a
    period of thirty days after March 10, 1978, and for a period of twenty-
    three months thereafter if the Secretary of State notifies the
    Commission that the nation or group of nations bound by the relevant
    agreement has agreed to negotiations as called for in section 404(a) of
    the Nuclear Non-Proliferation Act of 1978 [42 U.S.C. 2153c(a)]; however,
    nothing in this subsection shall be deemed to relinquish any rights
    which the United States may have under agreements for cooperation in
    force on the date of enactment of this section: Provided further, That
    if, upon the expiration of such twenty-month period, the President
    determines that failure to continue cooperation with any group of
    nations which has been exempted pursuant to the above proviso from the
    provisions of paragraph (4) or (5) of section 127 of this Act [42 U.S.C.
    2156(4) or (5)], but which has not yet agreed to comply with those
    provisions would be seriously prejudicial to the achievement of United
    States non-proliferation objectives or otherwise jeopardize the common
    defense and security, he may, after notifying the Congress of his
    determination, extend by Executive order the duration of the above
    proviso for a period of twelve months, and may further extend the
    duration of such proviso by one year increments annually thereafter if
    he again makes such determination and so

    [[Page [1083]]]

    notifies the Congress. In the event that the Committee on International
    Relations of the House of Representatives or the Committee on Foreign
    Relations of the Senate reports a joint resolution to take any action
    with respect to any such extension, such joint resolution will be
    considered in the House or Senate, as the case may be, under procedures
    identical to those provided for the consideration of resolutions
    pursuant to section 130 of this Act [42 U.S.C. 2159]: * * *

      b. * * * (2) * * * If, after receiving the proposed license
    application and reviewing the Commission's decision, the President
    determines that withholding the proposed export would be seriously
    prejudicial to the achievement of United States non-proliferation
    objectives, or would otherwise jeopdarize the common defense and
    security, the proposed export may be authorized by Executive order:
    Provided, That prior to any such export, the President shall submit the
    Executive order, together with his explanation of why, in light of the
    Commission's decision, the export should nonetheless be made, to the
    Congress for a period of sixty days of continuous session (as defined in
    subsection 130g. [42 U.S.C. 2159(g)]) and shall be referred to the
    Committee on International Relations of the House of Representatives and
    the Committee on Foreign Relations of the Senate, but any such proposed
    export shall not occur if during such sixty-day period the Congress
    adopts a concurrent resolution stating in substance that it does not
    favor the proposed export. Any such Executive order shall be considered
    pursuant to the procedures set forth in section 130 of this Act [42
    U.S.C. 2159] for the consideration of Presidential submissions: * * *

      c. In the event that the House of Representatives or the Senate passes
    a joint resolution which would adopt one or more additional export
    criteria, or would modify any existing criteria under this Act, any such
    joint resolution shall be referred in the other House to the Committee
    on Foreign Relations of the Senate or the Committee on International
    Relations of the House of Representatives, as the case may be, and shall
    be considered by the other House under applicable procedures provided
    for the consideration of resolutions pursuant to section 130 of this Act
    [42 U.S.C. 2159].

      Subsection b.(2) should be read in light of INS v. Chadha, 462 U.S.
    919 (1983).

    [[Page [1084]]]

                   additional export criterion and procedures

                                [42 U.S.C. 2157]

      Sec. 128. additional export criterion and procedures.-- * * * b. * * *
    (1) * * * Provided, That no such export of any production or utilization
    facility or of any source or special nuclear material (intended for use
    as fuel in any production or utilization facility) which has been
    licensed or authorized pursuant to this subsection shall be made to any
    non-nuclear-weapon state which has failed to meet such criterion until
    the first such license or authorization with respect to such state is
    submitted to the Congress (together with a detailed assessment of the
    reasons underlying the President's determination, the judgment of the
    executive branch required under section 126 of this Act [42 U.S.C.
    2155], and any Commission opinion and views) for a period of sixty days
    of continuous session (as defined in subsection 130g. of this Act [42
    U.S.C. 2159(g)]) and referred to the Committee on International
    Relations of the House of Representatives and the Committee on Foreign
    Relations of the Senate, but such export shall not occur if during such
    sixty-day period the Congress adopts a concurrent resolution stating in
    substance that the Congress does not favor the proposed export. Any such
    license or authorization shall be considered pursuant to the procedures
    set forth in section 130 of this Act [42 U.S.C. 2159] for the
    consideration of Presidential submissions.
      (2) If the Congress adopts a resolution of disapproval pursuant to
    paragraph (1), no further export of materials, facilities, or technology
    specified in subsection a. shall be permitted for the remainder of that
    Congress, unless such state meets the criterion or the President
    notifies the Congress that he has determined that significant progress
    has been made in achieving adherence to such criterion by such state or
    that United States foreign policy interests dictate reconsideration and
    the Congress, pursuant to the procedure of paragraph (1), does not adopt
    a concurrent resolution stating in substance that it disagrees with the
    President's determination.
      (3) If the Congress does not adopt a resolution of disapproval with
    respect to a license or authorization submitted pursuant to paragraph
    (1), the criterion set forth in subsection a. shall not be applied as an
    export criterion with respect to exports of materials, facilities and
    technology specified in subsection a. to that state: Provided, That the
    first license or authorization with respect to that

    [[Page [1085]]]

    state which is issued pursuant to this paragraph after twelve months
    from the elapse of the sixty-day period specified in paragraph (1), and
    the first such license or authorization which is issued after each
    twelve-month period thereafter, shall be submitted to the Congress for
    review pursuant to the procedures specified in paragraph (1): Provided
    further, That if the Congress adopts a resolution of disapproval during
    any review period provided for by this paragraph, the provisions of
    paragraph (2) shall apply with respect to further exports to such state.

      This provision should be read in light of INS v. Chadha, 462 U.S. 919
    (1983).

               conduct resulting in termination of nuclear exports

                                [42 U.S.C. 2158]

      Sec. 129. conduct resulting in termination of nuclear exports.--No
    nuclear materials and equipment or sensitive nuclear technology shall be
    exported to--
              (1) any non-nuclear-weapon state that is found by the
            President to have, at any time after March 10, 1978,

                                      * * *

    unless the President determines that cessation of such exports would be
    seriously prejudicial to the achievement of United States non-
    proliferation objectives or otherwise jeopardize the common defense and
    security: Provided, That prior to the effective date of any such
    determination, the President's determination, together with a report
    containing the reasons for his determination, shall be submitted to the
    Congress and referred to the Committee on International Relations of the
    House of Representatives and the Committee on Foreign Relations of the
    Senate for a period of sixty days of continuous session (as defined in
    subsection 130g. of this Act [42 U.S.C. 2159(g)]), but any such
    determination shall not become effective if during such sixty-day period
    the Congress adopts a concurrent resolution stating in substance that it
    does not favor the determination. Any such determination shall be
    considered pursuant to the procedures set forth in section 130 of this
    Act [42 U.S.C. 2159] for the consideration of Presidential submissions.

      This provision should be read in light of INS v. Chadha, 462 U.S. 919
    (1983).

    [[Page [1086]]]

                         congressional review procedures

                                [42 U.S.C. 2159]

      Sec. 130. congressional review procedures.--
      a. Not later than forty-five days of continuous session of Congress
    after the date of transmittal to the Congress of any submission of the
    President required by subsection 126a.(2), 126b.(2), 127b., 129,
    131a.(3), or 131f.(1)(A) of this Act [42 U.S.C. 2155(a)(2), 2155(b)(2),
    2157(b), 2158, 2160(a)(3), or 2160(f)(1)(A)], the Committee on Foreign
    Relations of the Senate and the Committee on International Relations of
    the House of Representatives, shall each submit a report to its
    respective House on its views and recommendations respecting such
    Presidential submission together with a resolution, as defined in
    subsection f., stating in substance that the Congress approves or
    disapproves such submission, as the case may be: Provided, That if any
    such committee has not reported such a resolution at the end of such
    forty-five day period, such committee shall be deemed to be discharged
    from further consideration of such submission. If no such resolution has
    been reported at the end of such period, the first resolution, as
    defined in subsection f., which is introduced within five days
    thereafter within such House shall be placed on the appropriate calendar
    of such House.
      b. When the relevant committee or committees have reported such a
    resolution (or have been discharged from further consideration of such a
    resolution pursuant to subsection a. of this section) or when a
    resolution has been introduced and placed on the appropriate calendar
    pursuant to subsection a. of this section, as the case may be, it is at
    any time thereafter in order (even though a previous motion to the same
    effect has been disagreed to) for any Member of the respective House to
    move to proceed to the consideration of the resolution. The motion is
    highly privileged and is not debatable. The motion shall not be subject
    to amendment, or to a motion to postpone, or to a motion to proceed to
    the consideration of other business. A motion to reconsider the vote by
    which the motion is agreed to or disagreed to shall not be in order. If
    a motion to proceed to the consideration of the resolution is agreed to,
    the resolution shall remain the unfinished business of the respective
    House until disposed of.
      c. Debate on the resolution, and on all debatable motions and appeals
    in connection therewith, shall be limited to not more than ten hours,
    which shall be divided equally

    [[Page [1087]]]

    between individuals favoring and individuals opposing the resolution. A
    motion further to limit debate is in order and not debatable. An
    amendment to a motion to postpone, or a motion to recommit the
    resolution, or a motion to proceed to the consideration of other
    business is not in order. A motion to reconsider the vote by which the
    resolution is agreed to or disagreed to shall not be in order. No
    amendment to any concurrent resolution pursuant to the procedures of
    this section is in order except as provided in subsection d. of this
    section.
      d. Immediately following (1) the conclusion of the debate on such
    concurrent resolution, (2) a single quorum call at the conclusion of
    debate if requested in accordance with the rules of the appropriate
    House, and (3) the consideration of an amendment introduced by the
    Majority Leader or his designee to insert the phrase, ``does not'' in
    lieu of the word ``does'' if the resolution under consideration is a
    concurrent resolution of approval, the vote on final approval of the
    resolution shall occur.
      e. Appeals from the decisions of the Chair relating to the application
    of the rules of the Senate or of the House of Representatives, as the
    case may be, to the procedure relating to such a resolution shall be
    decided without debate.
      f. For the purposes of subsections a. through e. of this section, the
    term ``resolution'' means a concurrent resolution of the Congress, the
    matter after the resolving clause of which is as follows: ``That the
    Congress (does or does not) favor the ------ transmitted to the Congress
    by the President on ------.'', the blank spaces therein to be
    appropriately filled, and the affirmative or negative phrase within the
    parenthetical to be appropriately selected.
      g. (1) Except as provided in paragraph (2), for the purposes of this
    section--
              (A) continuity of session is broken only by an adjournment of
            Congress sine die; and
              (B) the days on which either House is not in session because
            of an adjournment of more than three days to a day certain are
            excluded in the computation of any period of time in which
            Congress is in continuous session.
      (2) For purposes of this section insofar as it applies to section 123
    [42 U.S.C. 2153]--
              (A) continuity of session is broken only by an adjournment of
            Congress sine die at the end of a Congress; and

    [[Page [1088]]]

              (B) the days on which either House is not in session because
            of an adjournment of more than three days are excluded in the
            computation of any period of time in which Congress is in
            continuous session.
      h. This section is enacted by Congress--
              (1) as an exercise of the rulemaking power of the Senate and
            the House of Representatives, respectively, and as such they are
            deemed a part of the rules of each House, respectively, but
            applicable only with respect to the procedure to be followed in
            that House in the case of resolutions described by subsection f.
            of this section; and they supersede other rules only to the
            extent that they are inconsistent therewith; and
              (2) with full recognition of the constitutional right of
            either House to change the rules (so far as relating to the
            procedure of that House) at any time, in the same manner and to
            the same extent as in the case of any other rule of that House.
      i. (1) For the purposes of this subsection, the term ``joint
    resolution'' means a joint resolution, the matter after the resolving
    clause of which is as follows: ``That the Congress (does or does not)
    favor the proposed agreement for cooperation transmitted to the Congress
    by the President on ------.'', with the date of the transmission of the
    proposed agreement for cooperation inserted in the blank, and the
    affirmative or negative phrase within the parenthetical appropriately
    selected.
      (2) On the day on which a proposed agreement for cooperation is
    submitted to the House of Representatives and the Senate under section
    123d. [42 U.S.C. 2153(d)], a joint resolution with respect to such
    agreement for cooperation shall be introduced (by request) in the House
    by the chairman of the Committee on International Relations, for himself
    and the ranking minority member of the Committee, or by Members of the
    House designated by the chairman and ranking minority member; and shall
    be introduced (by request) in the Senate by the majority leader of the
    Senate, for himself and the minority leader of the Senate, or by Members
    of the Senate designated by the majority leader and minority leader of
    the Senate. If either House is not in session on the day on which such
    an agreement for cooperation is submitted, the joint resolution shall be
    introduced in that House, as provided in the preceding sentence, on the
    first day thereafter on which that House is in session.

    [[Page [1089]]]

      (3) All joint resolutions introduced in the House of Representatives
    shall be referred to the appropriate committee or committees, and all
    joint resolutions introduced in the Senate shall be referred to the
    Committee on Foreign Relations and in addition, in the case of a
    proposed agreement for cooperation arranged pursuant to section 91c.,
    144b., or 144c. [42 U.S.C. 2121(c), 2164(b), 2164(c)], the Committee on
    Armed Services.
      (4) If the committee of either House to which a joint resolution has
    been referred has not reported it at the end of 45 days after its
    introduction, the committee shall be discharged from further
    consideration of the joint resolution or of any other joint resolution
    introduced with respect to the same matter; except that, in the case of
    a joint resolution which has been referred to more than one committee,
    if before the end of that 45-day period one such committee has reported
    the joint resolution, any other committee to which the joint resolution
    was referred shall be discharged from further consideration of the joint
    resolution or of any other joint resolution introduced with respect to
    the same matter.
      (5) A joint resolution under this subsection shall be considered in
    the Senate in accordance with the provisions of section 601(b)(4) of the
    International Security Assistance and Arms Export Control Act of 1976.
    For the purpose of expediting the consideration and passage of joint
    resolutions reported or discharged pursuant to the provisions of this
    subsection, it shall be in order for the Committee on Rules of the House
    of Representatives to present for consideration a resolution of the
    House of Representatives providing procedures for the immediate
    consideration of a joint resolution under this subsection which may be
    similiar, if applicable, to the procedures set forth in section
    601(b)(4) of the International Security Assistance and Arms Exports
    Control Act of 1976.
      (6) In the case of a joint resolution described in paragraph (1), if
    prior to the passage by one House of a joint resolution of that House,
    that House receives a joint resolution with respect to the same matter
    from the other House, then--
              (A) the procedure in that House shall be the same as if no
            joint resolution had been received from the other House; but
              (B) the vote on final passage shall be on the joint resolution
            of the other House.

    [[Page [1090]]]

                             subsequent arrangements

                                [42 U.S.C. 2160]

      Sec. 131. subsequent arrangements.-- * * *
      f. (1) With regard to any subsequent arrangement under subsection a.
    (2)(E) (for the storage or disposition of irradiated fuel elements),
    where such arrangement involves a direct or indirect commitment of the
    United States for the storage or other disposition, interim or
    permanent, of any foreign spent nuclear fuel in the United States, the
    Secretary of Energy may not enter into any such subsequent arrangement,
    unless:
              (A)(i) Such commitment of the United States has been submitted
            to the Congress for a period of sixty days of continuous session
            (as defined in subsection 130g. of this Act [42 U.S.C. 2159(g)])
            and has been referred to the Committee on International
            Relations of the House of Representatives and the Committee on
            Foreign Relations of the Senate, but any such commitment shall
            not become effective if during such sixty-day period the
            Congress adopts a concurrent resolution stating in substance
            that it does not favor the commitment, any such commitment to be
            considered pursuant to the procedures set forth in section 130
            of this Act [42 U.S.C. 2159] for the consideration of
            Presidential submissions; or (ii) if the President has submitted
            a detailed generic plan for such disposition or storage in the
            United States to the Congress for a period of sixty days of
            continuous session (as defined in subsection 130g. of this Act
            [42 U.S.C. 2159(g)]), which plan has been referred to the
            Committee on International Relations of the House of
            Representatives and the Committee on Foreign Relations of the
            Senate and has not been disapproved during such sixty-day period
            by the adoption of a concurrent resolution stating in substance
            that Congress does not favor the plan; and the commitment is
            subject to the terms of an effective plan. Any such plan shall
            be considered pursuant to the procedures set forth in section
            130 of this Act [42 U.S.C. 2159] for the consideration of
            Presidential submissions;

                                      * * *

    [[Page [1091]]]

                                                              Sec. 1130(11A)

                     11. Trade Act of 1974 [19 U.S.C. 2101]
    [DOCID:hd284-163]

    [Several sections of the Trade Act of 1974, Uruguay Round Agreements
    Act, and Bipartisan Trade Promotion Authority Act of 2002 provide for
    congressional disapproval of certain executive actions. The provisions
    included under Sec. 1130(11A) through (11D) of this Manual are derived
    from the Trade Act of 1974.]

                           a. import relief, Sec. 203

                                [19 U.S.C. 2253]

      Sec. 203. action by president after determination of import injury.--
    * * *
      (b) reports to congress.--(1) On the day the President takes action
    under subsection (a)(1), the President shall transmit to Congress a
    document describing the action and the reasons for taking the action. If
    the action taken by the President differs from the action required to be
    recommended by the Commission under section 202(e)(1), the President
    shall state in detail the reasons for the difference.
      (2) On the day on which the President decides that there is no
    appropriate and feasible action to take under subsection (a)(1) with
    respect to a domestic industry, the President shall transmit to Congress
    a document that sets forth in detail the reasons for the decision.
      (3) On the day on which the President takes any action under
    subsection (a)(1) that is not reported under paragraph (1), the
    President shall transmit to Congress a document setting forth the action
    being taken and the reasons therefor.
      (c) implementation of action recommended by commission.--If the
    President reports under subsection (b)(1) or (2) that--
              (1) the action taken under subsection (a)(1) differs from the
            action recommended by the Commission under section 202(e)(1); or
              (2) no action will be taken under subsection (a)(1) with
            respect to the domestic industry;
    the action recommended by the Commission shall take effect (as provided
    in subsection (d)(2)) upon the enactment of a joint resolution described
    in section 152(a)(1)(A) within the 90-day period beginning on the date
    on which the document referred to in subsection (b)(1) or (2) is
    transmitted to the Congress.

    [[Page [1092]]]

      The House adopted a special order ``hereby'' laying on the table a
    joint resolution disapproving a steel-tariff action taken by the
    President privileged under this section (the joint resolution was
    reported adversely by the Committee on Ways and Means) (H. Res. 414, May
    8, 2002, p. ----).
                                                              Sec. 1130(11B)

                       b. freedom of emigration, Sec. 402

                                [19 U.S.C. 2432]

      Sec. 402. freedom of emigration in east-west trade.-- * * *
      (c)(1) During the 18-month period beginning on the date of the
    enactment of this Act, the President is authorized to waive by Executive
    order the application of subsections (a) and (b) with respect to any
    country, if he reports to the Congress that--
              (A) he has determined that such waiver will substantially
            promote the objectives of this section; and
              (B) he has received assurances that the emigration practices
            of that country will henceforth lead substantially to the
            achievement of the objectives of this section.
      (2) During any period subsequent to the 18-month period referred to in
    paragraph (1), the President is authorized to waive by Executive order
    the application of subsections (a) and (b) with respect to any country,
    if the waiver authority granted by this subsection continues to apply to
    such country pursuant to subsection (d), and if he reports to the
    Congress that--
              (A) he has determined that such waiver will substantially
            promote the objectives of this section; and
              (B) he has received assurances that the emigration practices
            of that country will henceforth lead substantially to the
            achievement of the objectives of this section.
      (3) A waiver with respect to any country shall terminate on the day
    after the waiver authority granted by this subsection ceases to be
    effective with respect to such country pursuant to subsection (d). The
    President may, at any time, terminate by Executive order any waiver
    granted under this subsection.
      (d)(1) If the President determines that the further extension of the
    waiver authority granted under subsection (c) will substantially promote
    the objectives of this section, he may recommend further extensions of
    such authority for successive 12-month periods. Any such recommendations
    shall--

    [[Page [1093]]]

              (A) be made not later than 30 days before the expiration of
            such authority;
              (B) be made in a document transmitted to the House of
            Representatives and the Senate setting forth his reasons for
            recommending the extension of such authority; and
              (C) include, for each country with respect to which a waiver
            granted under subsection (c) is in effect, a determination that
            continuation of the waiver applicable to that country will
            substantially promote the objectives of this section, and a
            statement setting forth his reasons for such determination.
    If the President recommends the further extension of such authority,
    such authority shall continue in effect until the end of the 12-month
    period following the end of the previous 12-month extension with respect
    to any country (except for any country with respect to which such
    authority has not been extended under this subsection), unless a joint
    resolution described in section 153(a) is enacted into law pursuant to
    the provisions of paragraph (2).
      (2)(A) The requirements of this paragraph are met if the joint
    resolution is enacted under the procedures set forth in section 153,
    and--
              (i) the Congress adopts and transmits the joint resolution to
            the President before the end of the 60-day period beginning on
            the date the waiver authority would expire but for an extension
            under paragraph (1), and
              (ii) if the President vetoes the joint resolution, each House
            of Congress votes to override such veto on or before the later
            of the last day of the 60-day period referred to in clause (i)
            or the last day of the 15-day period (excluding any day
            described in section 154(b)) beginning on the date the Congress
            receives the veto message from the President.
      (B) If a joint resolution is enacted into law under the provisions of
    this paragraph, the waiver authority applicable to any country with
    respect to which the joint resolution disapproves of the extension of
    such authority shall cease to be effective as of the day after the 60-
    day period beginning on the date of the enactment of the joint
    resolution.
      (C) A joint resolution to which this subsection and section 153 apply
    may be introduced at any time on or after the date the President
    transmits to the Congress the document described in paragraph (1)(B).

    [[Page [1094]]]

      (e) This section shall not apply to any country the products of which
    are eligible for the rates set forth in rate column numbered 1 of the
    Tariff Schedules of the United States on the date of the enactment of
    this Act.
                                                              Sec. 1130(11C)

                    c. nondiscriminatory treatment, Sec. 407

                                [19 U.S.C. 2437]

      Sec. 407. procedure for congressional approval or disapproval of
    extension of nondiscriminatory treatment and presidential reports.--(a)
    Whenever the President issues a proclamation under section 404 extending
    nondiscriminatory treatment to the products of any foreign country, he
    shall promptly transmit to the House of Representatives and to the
    Senate a document setting forth the proclamation and the agreement the
    proclamation proposes to implement, together with his reasons therefor.
      (b) The President shall transmit to the House of Representatives and
    the Senate a document containing the initial report submitted by him
    under section 402(b) or 409(b) with respect to a nonmarket economy
    country. On or before December 31 of each year, the President shall
    transmit to the House of Representatives and the Senate, a document
    containing the report required by section 402(b) or 409(b) as the case
    may be, to be submitted on or before such December 31.
      (c)(1) In the case of a document referred to in subsection (a), the
    proclamation set forth in the document may become effective and the
    agreement set forth in the document may enter into force and effect only
    if a joint resolution described in section 151(b)(3) that approves of
    the extension of nondiscriminatory treatment to the products of the
    country concerned is enacted into law.
      (2) In the case of a document referred to in subsection (b) which
    contains a report submitted by the President under section 402(b) or
    409(b) with respect to a nonmarket economy country, if, before the close
    of the 90-day period beginning on the day on which such document is
    delivered to the House of Representatives and to the Senate, a joint
    resolution described in section 152(a)(i)(B) is enacted into law that
    disapproves of the report submitted by the President with respect to
    such country, then, beginning with the day after the end of the 60-day
    period beginning with the date of the enactment of such resolution of
    disapproval, (A) nondiscriminatory treatment shall not be in

    [[Page [1095]]]

    force with respect to the products of such country, and the products of
    such country shall be dutiable at the rates set forth in rate column
    numbered 2 of the Harmonized Tariff Schedule of the United States, (B)
    such country may not participate in any program of the Government of the
    United States which extends credit or credit guarantees or investment
    guarantees, and (C) no commercial agreement may thereafter be concluded
    with such country under this title. If the President vetoes the joint
    resolution, the joint resolution shall be treated as enacted into law
    before the end of the 90-day period under this paragraph if both Houses
    of Congress vote to override such veto on or before the later of the
    last day of such 90-day period or the last day of the 15-day period
    (excluding any day described in section 154(b)) beginning on the date
    the Congress receives the veto message from the President.
                                                              Sec. 1130(11D)

       d. ``fast-track'' procedures, Sec. Sec. 151-154 [19 u.s.c. 2191-94]

                          implementing bills, Sec. 151

                                [19 U.S.C. 2191]

      Sec. 151. bills implementing trade agreements on nontariff barriers
    and resolutions approving commercial agreements with communist
    countries.--(a) rules of house of representatives and senate.--This
    section and sections 152 and 153 are enacted by the Congress--
              (1) as an exercise of the rulemaking power of the House of
            Representatives and the Senate, respectively, and as such they
            are deemed a part of the rules of each House, respectively, but
            applicable only with respect to the procedure to be followed in
            that House in the case of implementing bills described in
            subsection (b)(1), implementing revenues bills described in
            subsection (b)(2), approval resolutions described in subsection
            (b)(3), and resolutions described in subsections 152(a) and
            153(a); and they supersede other rules only to the extent that
            they are inconsistent therewith; and
              (2) with full recognition of the constitutional right of
            either House to change the rules (so far as relating to the
            procedure of that House) at any time, in the same manner and to
            the same extent as in the case of any other rule of that House.
      (b) definitions.--For purposes of this section--

    [[Page [1096]]]

              (1) The term ``implementing bill'' means only a bill of either
            House of Congress which is introduced as provided in subsection
            (c) with respect to one or more trade agreements, or with
            respect to an extension described in section 282(c)(3) of the
            Uruguay Round Agreements Act, submitted to the House of
            Representatives and the Senate under section 102 of this Act,
            section 282 of the Uruguay Round Agreements Act, or section
            2105(a)(1) of the Bipartisan Trade Promotion Authority Act of
            2002, and which contains--
                      (A) a provision approving such trade agreement or
                    agreements or such extension,
                      (B) a provision approving the statement of
                    administrative action (if any) proposed to implement
                    such trade agreement or agreements, and
                      (C) if changes in existing laws or new statutory
                    authority is required to implement such trade agreement
                    or agreements or such extension, provisions, necessary
                    or appropriate to implement such trade agreement or
                    agreements, either repealing or amending existing laws
                    or providing new statutory authority.
              (2) The term ``implementing revenue bill'' or resolution means
            an implementing bill or approval resolution which contains one
            or more revenue measures by reason of which it must originate in
            the House of Representatives.
              (3) The term ``approval resolution'' means only a joint
            resolution of the two Houses of the Congress, the matter after
            the resolving clause of which is as follows: ``That the Congress
            approves the extension of nondiscriminatory treatment with
            respect to the products of ------ transmitted by the President
            to the Congress on ------.'', the first blank space being filled
            with the name of the country involved and the second blank space
            being filled with the appropriate date.
      (c) introduction and referral.--(1) On the day on which a trade
    agreement or extension is submitted to the House of Representatives and
    the Senate under section 102, section 282 of the Uruguay Round
    Agreements Act, or section 2105(a)(1) of the Bipartisan Trade Promotion
    Authority Act of 2002, the implementing bill submitted by the President
    with respect to such trade agreement or extension shall be introduced
    (by request) in the House by the majority leader of the House, for
    himself and the minority leader of the House, or by Members of the House

    [[Page [1097]]]

    designated by the majority leader and minority leader of the House; and
    shall be introduced (by request) in the Senate by the majority leader of
    the Senate, for himself the minority leader of the Senate, or by Members
    of the Senate designated by the majority leader and minority leader of
    the Senate. If either House is not in session on the day on which such a
    trade agreement is submitted, the implementing bill shall be introduced
    in that House as provided in the preceding sentence, on the first day
    thereafter on which the House is in session. Such bills shall be
    referred by the Presiding Officers of the respective Houses to the
    appropriate committee, or, in the case of a bill containing provisions
    within the jurisdiction of two or more committees, jointly to such
    committees for consideration of those provisions within their respective
    jurisdictions.
      (2) On the day on which a bilateral commerical agreement, entered into
    under title IV of this Act after the date of the enactment of this Act,
    is transmitted to the House of Representatives and the Senate, an
    approval resolution with respect to such agreement shall be introduced
    (by request) in the House by the majority leader of the House, for
    himself and the minority leader of the House, or by Members of the House
    designated by the majority leader and minority leader of the House; and
    shall be introduced (by request) in the Senate by the majority leader of
    the Senate, for himself and the minority leader of the Senate, or by
    Members of the Senate designated by the majority leader and minority
    leader of the Senate. If either House is not in session on the day on
    which such an agreement is transmitted, the approval resolution with
    respect to such agreement shall be introduced in that House, as provided
    in the preceding sentence, on the first day thereafter on which that
    House is in session. The approval resolution introduced in the House
    shall be referred to the Committee on Ways and Means and the approval
    resolution introduced in the Senate shall be referred to the Committee
    on Finance.
      (d) amendments prohibited.--No amendment to an implementing bill or
    approval resolution shall be in order in either the House of
    Representatives or the Senate; and no motion to suspend the application
    of this subsection shall be in order in either House, nor shall it be in
    order in either House for the Presiding Officer to entertain a request
    to suspend the application of this subsection by unanimous consent.

    [[Page [1098]]]

      (e) period for committee and floor consideration.--(1) Except as
    provided in paragraph (2), if the committee or committees of either
    House to which an implementing bill or approval resolution has been
    referred have not reported it at the close of the 45th day after its
    introduction, such committee or committees shall be automatically
    discharged from further consideration of the bill or resolution and it
    shall be placed on the appropriate calendar. A vote on final passage of
    the bill or resolution shall be taken in each House on or before the
    close of the 15th day after the bill or resolution is reported by the
    committee or committees of that House to which it was referred, or after
    such committee or committees have been discharged from further
    consideration of the bill or resolution. If prior to the passage by one
    House of an implementing bill or approval resolution of that House, that
    House receives the same implementing bill or approval resolution from
    the other House, then--
              (A) the procedure in that House shall be the same as if no
            implementing bill or approval resolution had been received from
            the other House; but
              (B) the vote on final passage shall be on the implementing
            bill or approval resolution of the other House.
      (2) The provisions of paragraph (1) shall not apply in the Senate to
    an implementing revenue bill or resolution. An implementing revenue bill
    or resolution received from the House shall be referred to the
    appropriate committee or committees of the Senate. If such committee or
    committees have not reported such bill at the close of the 15th day
    after its receipt by the Senate (or, if later, before the close of the
    45th day after the corresponding implementing revenue bill or resolution
    was introduced in the Senate), such committee or committees shall be
    automatically discharged from further consideration of such bill or
    resolution and it shall be placed on the calendar. A vote on final
    passage of such bill or resolution shall be taken in the Senate on or
    before the close of the 15th day after such bill or resolution is
    reported by the committee or committees of the Senate to which it was
    referred, or after such committee or committees have been discharged
    from further consideration of such bill or resolution.
      (3) For purposes of paragraphs (1) and (2), in computing a number of
    days in either House, there shall be excluded any day on which that
    House was not in session.
      (f) floor consideration in the house.--(1) A motion in the House of
    Representatives to proceed to the consider

    [[Page [1099]]]

    ation of an implementing bill or approval resolution shall be highly
    privileged and not debatable. An amendment to the motion shall not be in
    order, nor shall it be in order to move to reconsider the vote by which
    the motion is agreed to or disagreed to.
      (2) Debate in the House of Representatives on an implementing bill or
    approval resolution shall be limited to not more than 20 hours, which
    shall be divided equally between those favoring and those opposing the
    bill or resolution. A motion further to limit debate shall not be
    debatable. It shall not be in order to move to recommit an implementing
    bill or approval resolution or to move to reconsider the vote by which
    an implementing bill or approval resolution is agreed to or disagreed
    to.
      (3) Motions to postpone, made in the House of Representatives with
    respect to the consideration of an implementing bill or approval
    resolution, and motions to proceed to the consideration of other
    business, shall be decided without debate.
      (4) All appeals from the decisions of the Chair relating to the
    application of the Rules of the House of Representatives to the
    procedure relating to an implementing bill or approval resolution shall
    be decided without debate.
      (5) Except to the extent specifically provided in the preceding
    provisions of this subsection, consideration of an implementing bill or
    approval resolution shall be governed by the Rules of the House of
    Representatives applicable to other bills and resolutions in similar
    circumstances.
      (g) floor consideration in the senate.--(1) A motion in the Senate to
    proceed to the consideration of an implementing bill or approval
    resolution shall be privileged and not debatable. An amendment to the
    motion shall not be in order, nor shall it be in order to move to
    reconsider the vote by which the motion is agreed to or disagreed to.
      (2) Debate in the Senate on an implementing, and all debatable motions
    and appeals in connection therewith, shall be limited to not more than
    20 hours. The time shall be equally divided between, and controlled by,
    the majority leader and the minority leader or their designees.
      (3) Debate in the Senate on any debatable motion or appeal in
    connection with an implementing bill or approval resolution shall be
    limited to not more than 1 hour, to be equally divided between, and
    controlled by, the mover and the manager of the bill or resolution,
    except that in the event the manager of the bill or resolution is in
    favor of any such motion or appeal, the time in opposition thereto,

    [[Page [1100]]]

    shall be controlled by the minority leader or his designee. Such
    leaders, or either of them, may, from time under their control on the
    passage of an implementing bill or approval resolution, allot additional
    time to any Senator during the consideration of any debatable motion or
    appeal.
      (4) A motion in the Senate to further limit debate is not debatable. A
    motion to recommit an implementing bill or approval resolution is not in
    order.

      Pursuant to section 151(f)(2) of this Act debate on an implementing
    revenue bill must be equally divided and controlled among those favoring
    and opposing the bill (absent unanimous-consent agreement for some other
    distribution of the time); a motion to limit debate on such legislation
    must be made in the House, and not in the Committee of the Whole, and
    may be made either pending the motion to resolve into Committee of the
    Whole or at a later time, after the Committee has risen without
    completing action on the bill (July 10, 1979, pp. 17812-13). An
    implementing bill reported from committee has been considered as
    privileged under the Act (Nov. 14, 1980, p. 29617). The House has
    adopted a special order recommended by the Committee on Rules providing
    for consideration of both a resolution to deny the extension of ``fast
    track'' procedures requested by the President under section 1103(b) of
    the Omnibus Trade and Competitiveness Act of 1988 and a resolution to
    express the sense of the House concerning U.S. negotiating objectives
    after such an extension (May 23, 1991, p. 12137). The Senate has
    affirmed its constitutional authority to enact a statutory rule (as in
    subsection (d) of section 151) prohibiting amendments to specified
    revenue bills in derogation of its constitutional authority to propose
    amendments to House revenue bills (presiding officer sustained on
    appeal) (Nov. 19, 1993, p. 30641).

                      resolutions of disapproval, Sec. 152

                                [19 U.S.C. 2192]

      Sec. 152. resolutions disapproving certain actions.--(a) contents of
    resolution.--(1) For purposes of this section, the term ``resolution''
    means only--
              (A) a joint resolution of the two Houses of the Congress, the
            matter after the resolving clause of which is as follows: ``That
            the Congress does not approve the action taken by, or the
            determination of the President under section 203 of the Trade
            Act of 1974 transmitted to the Congress on ------.'', the blank
            space being filled with the appropriate date; and
              (B) a joint resolution of the two Houses of Congress, the
            matter after the resolving clause of which is as follows: ``That
            the Congress does not approve ------

    [[Page [1101]]]

            transmitted to the Congress on ------.'', with the first blank
            space being filled in accordance with paragraph (2), and the
            second blank space being filled with the appropriate date.
      (2) The first blank space referred to in paragraph (1)(B) shall be
    filled as follows: in the case of a resolution referred to in section
    407(c)(2), with the phrase ``the report of the President submitted under
    section ------ of the Trade Act of 1974 with respect to ------'' (with
    the first blank space being filled with ``402(b)'' or ``409(b)'', as
    appropriate, and the second blank space being filled with the name of
    the country involved).
      (b) reference to committees.--All resolutions introduced in the House
    of Representatives shall be referred to the Committee on Ways and Means
    and all resolutions introduced in the Senate shall be referred to the
    Committee on Finance.
      (c) discharge of committees.--(1) If the committee of either House to
    which a resolution has been referred has not reported it at the end of
    30 days after its introduction, not counting any day which is excluded
    under section 154(b), it is in order to move either to discharge the
    committee from further consideration of the resolution or to discharge
    the committee from further consideration of any other resolution
    introduced with respect to the same matter, except that a motion to
    discharge--
              (A) may only be made on the second legislative day after the
            calendar day on which the Member making the motion announces to
            the House his intention to do so; and
              (B) is not in order after the Committee has reported a
            resolution with respect to the same matter.
      (2) A motion to discharge under paragraph (1) may be made only by an
    individual favoring the resolution, and is highly privileged in the
    House and privileged in the Senate; and debate thereon shall be limited
    to not more than 1 hour, the time to be divided in the House equally
    between those favoring and those opposing the resolution, and to be
    divided in the Senate equally between, and controlled by, the majority
    leader and the minority leader or their designees. An amendment to the
    motion is not in order, and it is not in order to move to reconsider the
    vote by which the motion is agreed to or disagreed to.
      (d) floor consideration in the house.--(1) A motion in the House of
    Representatives to proceed to the consideration of a resolution shall be
    highly privileged and not de

    [[Page [1102]]]

    batable. An amendment to the motion shall not be in order, nor shall it
    be in order to move to reconsider the vote by which the motion is agreed
    to or disagreed to.
      (2) Debate in the House of Representatives on a resolution shall be
    limited to not more than 20 hours, which shall be divided equally
    between those favoring and those opposing the resolution. A motion
    further to limit debate shall not be debatable. No amendment to, or
    motion to recommit, the resolution shall be in order. It shall not be in
    order to move to reconsider the vote by which a resolution is agreed to
    or disagreed to.
      (3) Motions to postpone, made in the House of Representatives with
    respect to the consideration of a resolution, and motions to proceed to
    the consideration of other business, shall be decided without debate.
      (4) All appeals from the decisions of the Chair relating to the
    application of the Rules of the House of Representatives to the
    procedure relating to a resolution shall be decided without debate.
      (5) Except to the extent specifically provided in the preceding
    provisions of this subsection, consideration of a resolution in the
    House of Representatives shall be governed by the Rules of the House of
    Representatives applicable to other resolutions in similar
    circumstances.
      (e) floor consideration in the senate.--(1) A motion in the Senate to
    proceed to the consideration of a resolution shall be privileged. An
    amendment to the motion shall not be in order, nor shall it be in order
    to move to reconsider the vote by which the motion is agreed to or
    disagreed to.
      (2) Debate in the Senate on a resolution, and all debatable motions
    and appeals in connection therewith, shall be limited to not more than
    20 hours, to be equally divided between, and controlled by, the majority
    leader and the minority leader or their designees.
      (3) Debate in the Senate on any debatable motion or appeal in
    connection with a resolution shall be limited to not more than 1 hour,
    to be equally divided between, and controlled by, the mover and the
    manager of the resolution, except that in the event the manager of the
    resolution is in favor of any such motion or appeal, the time in
    opposition thereto, shall be controlled by the minority leader or his
    designee. Such leaders, or either of them, may, from time under their
    control on the passage of a resolution, allot additional time to any
    Senator during the consideration of any debatable motion or appeal.

    [[Page [1103]]]

      (4) A motion in the Senate to further limit debate on a resolution,
    debatable motion, or appeal is not debatable. No amendment to, or motion
    to recommit, a resolution is in order in the Senate.
      (f) procedures in the senate.--(1) Except as otherwise provided in
    this section, the following procedures shall apply in the Senate to a
    resolution to which this section applies:
              (A)(i) Except as provided in clause (ii), a resolution that
            has passed the House of Representatives shall, when received in
            the Senate, be referred to the Committee on Finance for
            consideration in accordance with this section.
              (ii) If a resolution to which this section applies was
            introduced in the Senate before receipt of a resolution that has
            passed the House of Representatives, the resolution from the
            House of Representatives shall, when received in the Senate, be
            placed on the calendar. If this clause applies, the procedures
            in the Senate with respect to a resolution introduced in the
            Senate that contains the identical matter as the resolution that
            passed the House of Representatives shall be the same as if no
            resolution had been received from the House of Representatives,
            except that the vote on passage in the Senate shall be on the
            resolution that passed the House of Representatives.
              (B) If the Senate passes a resolution before receiving from
            the House of Representatives a joint resolution that contains
            the identical matter, the joint resolution shall be held at the
            desk pending receipt of the joint resolution from the House of
            Representatives. Upon receipt of the joint resolution from the
            House of Representatives, such joint resolution shall be deemed
            to be read twice, considered, read the third time, and passed.
      (2) If the texts of joint resolutions described in section 152 or
    153(a), whichever is applicable concerning any matter are not
    identical--
              (A) the Senate shall vote passage on the resolution introduced
            in the Senate, and
              (B) the text of the joint resolution passed by the Senate
            shall, immediately upon its passage (or, if later, upon receipt
            of the joint resolution passed by the House), be substituted for
            the text of the joint resolution passed by the House of
            Representatives, and

    [[Page [1104]]]

            such resolution, as amended, shall be returned with a request
            for a conference between the two Houses.
      (3) Consideration in the Senate of any veto message with respect to a
    joint resolution described in subsection (a)(2)(B) or section 153(a),
    including consideration of all debatable motions and appeals in
    connection therewith, shall be limited to 10 hours, to be equally
    divided between, and controlled by, the majority leader and the minority
    leader or their designees.

      Although a motion that the House resolve itself into the Committee of
    the Whole is not ordinarily subject to the motion to postpone
    indefinitely (VI, 726), the motion to postpone indefinitely may be
    offered pursuant to the provisions of this statute, is nondebatable, and
    represents final adverse disposition of the disapproval resolution (Mar.
    10, 1977, p. 7021).

               resolutions to extend section 402 waivers, Sec. 153

                                [19 U.S.C. 2193]

      Sec. 153. resolutions relating to extension of waiver authority under
    section 402.--(a) contents of resolutions.--For purposes of this
    section, the term ``resolution'' means only a joint resolution of the
    two Houses of Congress, the matter after the resolving clause of which
    is as follows: ``That the Congress does not approve the extension of the
    authority contained in section 402(c) of the Trade Act of 1974
    recommended by the President to the Congress on ------ with respect to
    ------.'', with the first blank space being filled with the appropriate
    date, and the second blank space being filled with the names of those
    countries, if any, with respect to which such extension of authority is
    not approved, and with the clause beginning with ``with-respect-to''
    being omitted if the extension of the authority is not approved with
    respect to any country.
      (b) application of rules of section 152; exceptions.--(1) Except as
    provided in this section, the provisions of section 152 shall apply to
    resolutions described in subsection (a).
      (2) In applying section 152(c)(1), all calendar days shall be counted.
      (3) That part of section 152(d)(2) which provides that no amendment is
    in order shall not apply to any amendment to a resolution which is
    limited to striking out or inserting the names of one or more countries
    or to striking out or inserting a with-respect-to clause. Debate in the
    House of Representatives on any amendment to a resolution shall

    [[Page [1105]]]

    be limited to not more than 1 hour which shall be equally divided
    between those favoring and those opposing the amendment. A motion in the
    House to further limit debate on an amendment to a resolution is not
    debatable.
      (4) That part of section 152(e)(4) which provides that no amendment is
    in order shall not apply to any amendment to a resolution which is
    limited to striking out or inserting the names of one or more countries
    or to striking out or inserting a with-respect-to clause. The time limit
    on a debate on a resolution in the Senate under section 152(e)(2) shall
    include all amendments to a resolution. Debate in the Senate on any
    amendment to a resolution shall be limited to not more than 1 hour, to
    be equally divided between, and controlled by, the mover and the manager
    of the resolution, except that in the event the manager of the
    resolution is in favor of any such amendment, the time in opposition
    thereto shall be controlled by the minority leader or his designee. The
    majority leader and minority leader may, from time under the control on
    the passage of a resolution, allot additional time to any Senator during
    the consideration of any amendment. A motion in the Senate to further
    limit debate on an amendment to a resolution is not debatable.
      (c) consideration of second resolution not in order.--It shall not be
    in order in either the House of Representatives or the Senate to
    consider a resolution with respect to a recommendation of the President
    under section 402(d) (other than a resolution described in subsection
    (a) received from the other House), if that House has adopted a
    resolution with respect to the same recommendation.
      (d) procedures relating to conference reports in the senate.--(1)
    Consideration in the Senate of the conference report on any joint
    resolution described in subsection (a), including consideration of all
    amendments in disagreement (and all amendments thereto), and
    consideration of all debatable motions and appeals in connection
    therewith, shall be limited to 10 hours, to be equally divided between,
    and controlled by, the majority leader and the minority leader or their
    designees. Debate on any debatable motion or appeal related to the
    conference report shall be limited to 1 hour, to be equally divided
    between, and controlled by, the mover and the manager of the conference
    report.
      (2) In any case in which there are amendments in disagreement, time on
    each amendment shall be limited to

    [[Page [1106]]]

    30 minutes, to be equally divided between, and controlled by, the
    manager of the conference report and the minority leader or his
    designee. No amendment to any amendment in disagreement shall be
    received unless it is a germane amendment.

               special rules for congressional procedure, Sec. 154

                                [19 U.S.C. 2194]

      Sec. 154. special rules relating to congressional procedures.--(a)
    Whenever, pursuant to section 102(e), 203(b), 402(d), or 407 (a) or (b),
    a document is required to be transmitted to the Congress, copies of such
    document shall be delivered to both Houses of Congress on the same day
    and shall be delivered to the Clerk of the House of Representatives if
    the House is not in session and to the Secretary of the Senate if the
    Senate is not in session.
      (b) For purposes of sections 203(c), and 407(c)(2), the 90-day period
    referred to in such sections shall be computed by excluding--
              (1) the days on which either House is not in session because
            of an adjournment of more than 3 days to a day certain or an
            adjournment of the Congress sine die, and
              (2) any Saturday and Sunday, not excluded under paragraph (1),
            when either House is not in session.
                                                              Sec. 1130(11E)

    e. Narcotics Control Provisions--Trade Act of 1974, Sec. Sec. 801-05 [19
                                 U.S.C. 2491-95]

     tariff treatment of products of uncooperative major drug producing or
                        drug-transit countries, Sec. 856

                                [19 U.S.C. 2492]

      Sec. 802. (a) required action by president.--Subject to subsection
    (b), for every major drug producing country and every major drug-transit
    country, the President shall, on or after March 1, 1987, and March 1 of
    each succeeding year, to the extent considered necessary by the
    President to achieve the purposes of this title--
              (1) deny to any or all of the products of that country tariff
            treatment under the Generalized System of Preferences, the
            Caribbean Basin Economic Recovery

    [[Page [1107]]]

            Act, or any other law providing preferential tariff treatment;
              (2) apply to any or all of the dutiable products of that
            country an additional duty at a rate not to exceed 50 percent ad
            valorem or the specific rate equivalent;
              (3) apply to one or more duty-free products of that country a
            duty at a rate not to exceed 50 percent ad valorem;
              (4) take the steps described in subsection (d)(1) or (d)(2),
            or both, to curtail air transportation between the United States
            and that country;
              (5) withdraw the personnel and resources of the United States
            from participation in any arrangement with that country for the
            pre-clearance of customs by visitors between the United States
            and that country; or
              (6) take any combination of the actions described in
            paragraphs (1) through (5).
      (b)(1)(A) Subject to paragraph (3), subsection (a) shall not apply
    with respect to a country if the President determines and certifies to
    the Congress, at the time of the submission of the report required by
    section 481(e) of the Foreign Assistance Act of 1961, that-- * * *

                                      * * *

      (3) Subsection (a) shall apply to a country without regard to
    paragraph (1) of this subsection if the Congress enacts, with 45 days of
    continuous session after receipt of a certification under paragraph (1),
    a joint resolution disapproving the determination of the President
    contained in that certification.
      (4) If the President takes action under subsection (a), that action
    shall remain in effect until--
              (A) the President makes the certification under paragraph (a),
            a period of 45 days of continuous session of Congress elapses,
            and during that period the Congress does not enact a joint
            resolution of disapproval; or
              (B) the President submits at any other time a certification of
            the matters described in paragraph (1) with respect to that
            country, a period of 45 days of continuous session of Congress
            elapses, and during that period the Congress does not enact a
            joint resolution of disapproving determination contained in that
            certification.

    [[Page [1108]]]

      (5) For the purpose of expediting the consideration and enactment of
    joint resolutions under paragraphs (3) and (4)--
              (A) a motion to proceed to the consideration of any such joint
            resolution after it has been reported by the Committee on Ways
            and Means shall be treated as highly privileged in the House of
            Representatives; and
              (B) a motion to proceed to the consideration of any such joint
            resolution after it has been reported by the Committee on
            Finance shall be treated as privileged in the Senate.

                                      * * *

                              definitions, Sec. 805

                                [19 U.S.C. 2495]

      Sec. 805. For purposes of this title--
              (1) continuity of a session of Congress is broken only by an
            adjournment of the Congress sine die, and the days on which
            either House is not in session because of an adjournment of more
            than three days to a day certain are excluded in the computation
            of the period indicated; * * *

                                      * * *

                                                              Sec. 1130(11F)

       f. Trade Promotion Authority under the Bipartisan Trade Promotion
          Authority Act of 2002, Sec. Sec. 2101-13 [19 U.S.C. 3801-13]

                           trade agreements authority

                                [19 U.S.C. 3803]

    sec. 2103. trade agreements authority.

    (a) Agreements Regarding Tariff Barriers.--
              (1) In general.--Whenever the President determines that one or
            more existing duties or other import restrictions of any foreign
            country or the United States are unduly burdening and
            restricting the foreign trade of the United States and that the
            purposes, policies, priorities, and objectives of this title
            will be promoted thereby, the President--

    [[Page [1109]]]

                      (A) may enter into trade agreements with foreign
                    countries before--
                            (i) June 1, 2005; or
                            (ii) June 1, 2007, if trade authorities
                        procedures are extended under subsection (c); and
                      (B) may, subject to paragraphs (2) and (3), proclaim--
                            (i) such modification or continuance of any
                        existing duty,
                            (ii) such continuance of existing duty-free or
                        excise treatment, or
                            (iii) such additional duties,
                    as the President determines to be required or
                    appropriate to carry out any such trade agreement.
            The President shall notify the Congress of the President's
            intention to enter into an agreement under this subsection.
              (2) Limitations.--No proclamation may be made under paragraph
            (1) that--
                      (A) reduces any rate of duty (other than a rate of
                    duty that does not exceed 5 percent ad valorem on the
                    date of the enactment of this Act) to a rate of duty
                    which is less than 50 percent of the rate of such duty
                    that applies on such date of enactment;
                      (B) reduces the rate of duty below that applicable
                    under the Uruguay Round Agreements, on any import
                    sensitive agricultural product; or
                      (C) increases any rate of duty above the rate that
                    applied on the date of the enactment of this Act.
              (3) Aggregate reduction; exemption from staging.--
                      (A) Aggregate reduction.--Except as provided in
                    subparagraph (B), the aggregate reduction in the rate of
                    duty on any article which is in effect on any day
                    pursuant to a trade agreement entered into under
                    paragraph (1) shall not exceed the aggregate reduction
                    which would have been in effect on such day if--
                            (i) a reduction of 3 percent ad valorem or a
                        reduction of one-tenth of the total reduction,
                        whichever is greater, had taken effect on the
                        effective date of the first reduction proclaimed
                        under paragraph (1) to carry out such agreement with
                        respect to such article; and

    [[Page [1110]]]

                            (ii) a reduction equal to the amount applicable
                        under clause (i) had taken effect at 1-year
                        intervals after the effective date of such first
                        reduction.
                      (B) Exemption from staging.--No staging is required
                    under subparagraph (A) with respect to a duty reduction
                    that is proclaimed under paragraph (1) for an article of
                    a kind that is not produced in the United States. The
                    United States International Trade Commission shall
                    advise the President of the identity of articles that
                    may be exempted from staging under this subparagraph.
              (4) Rounding.--If the President determines that such action
            will simplify the computation of reductions under paragraph (3),
            the President may round an annual reduction by an amount equal
            to the lesser of--
                      (A) the difference between the reduction without
                    regard to this paragraph and the next lower whole
                    number; or
                      (B) one-half of 1 percent ad valorem.
              (5) Other limitations.--A rate of duty reduction that may not
            be proclaimed by reason of paragraph (2) may take effect only if
            a provision authorizing such reduction is included within an
            implementing bill provided for under section 2105 and that bill
            is enacted into law.
              (6) Other tariff modifications.--Notwithstanding paragraphs
            (1)(B), (2)(A), (2)(C), and (3) through (5), and subject to the
            consultation and layover requirements of section 115 of the
            Uruguay Round Agreements Act, the President may proclaim the
            modification of any duty or staged rate reduction of any duty
            set forth in Schedule XX, as defined in section 2(5) of that
            Act, if the United States agrees to such modification or staged
            rate reduction in a negotiation for the reciprocal elimination
            or harmonization of duties under the auspices of the World Trade
            Organization.
              (7) Authority under uruguay round agreements act not
            affected.--Nothing in this subsection shall limit the authority
            provided to the President under section 111(b) of the Uruguay
            Round Agreements Act (19 U.S.C. 3521(b)).
      (b) Agreements Regarding Tariff and Nontariff Barriers.--

    [[Page [1111]]]

              (1) In general.--(A) Whenever the President determines that--
                      (i) one or more existing duties or any other import
                    restriction of any foreign country or the United States
                    or any other barrier to, or other distortion of,
                    international trade unduly burdens or restricts the
                    foreign trade of the United States or adversely affects
                    the United States economy, or
                      (ii) the imposition of any such barrier or distortion
                    is likely to result in such a burden, restriction, or
                    effect,
            and that the purposes, policies, priorities, and objectives of
            this title will be promoted thereby, the President may enter
            into a trade agreement described in subparagraph (B) during the
            period described in subparagraph (C).
              (B) The President may enter into a trade agreement under
            subparagraph (A) with foreign countries providing for--
                      (i) the reduction or elimination of a duty,
                    restriction, barrier, or other distortion described in
                    subparagraph (A); or
                      (ii) the prohibition of, or limitation on the
                    imposition of, such barrier or other distortion.
              (C) The President may enter into a trade agreement under this
            paragraph before--
                      (i) June 1, 2005; or
                      (ii) June 1, 2007, if trade authorities procedures are
                    extended under subsection (c).
              (2) Conditions.--A trade agreement may be entered into under
            this subsection only if such agreement makes progress in meeting
            the applicable objectives described in section 2102(a) and (b)
            and the President satisfies the conditions set forth in section
            2104.
              (3) Bills qualifying for trade authorities procedures.--(A)
            The provisions of section 151 of the Trade Act of 1974 (in this
            title referred to as ``trade authorities procedures'') apply to
            a bill of either House of Congress which contains provisions
            described in subparagraph (B) to the same extent as such section
            151 applies to implementing bills under that section. A bill to
            which this paragraph applies shall hereafter in this title be
            referred to as an ``implementing bill''.
              (B) The provisions referred to in subparagraph (A) are--

    [[Page [1112]]]

                      (i) a provision approving a trade agreement entered
                    into under this subsection and approving the statement
                    of administrative action, if any, proposed to implement
                    such trade agreement; and
                      (ii) if changes in existing laws or new statutory
                    authority are required to implement such trade agreement
                    or agreements, provisions, necessary or appropriate to
                    implement such trade agreement or agreements, either
                    repealing or amending existing laws or providing new
                    statutory authority.
      (c) Extension Disapproval Process for Congressional Trade Authorities
    Procedures.--
              (1) In general.--Except as provided in section 2105(b)--
                      (A) the trade authorities procedures apply to
                    implementing bills submitted with respect to trade
                    agreements entered into under subsection (b) before July
                    1, 2005; and
                      (B) the trade authorities procedures shall be extended
                    to implementing bills submitted with respect to trade
                    agreements entered into under subsection (b) after June
                    30, 2005, and before July 1, 2007, if (and only if)--
                            (i) the President requests such extension under
                        paragraph (2); and
                            (ii) neither House of the Congress adopts an
                        extension disapproval resolution under paragraph (5)
                        before June 1, 2005.
              (2) Report to congress by the president.--If the President is
            of the opinion that the trade authorities procedures should be
            extended to implementing bills described in paragraph (1)(B),
            the President shall submit to the Congress, not later than March
            1, 2005, a written report that contains a request for such
            extension, together with--
                      (A) a description of all trade agreements that have
                    been negotiated under subsection (b) and the anticipated
                    schedule for submitting such agreements to the Congress
                    for approval;
                      (B) a description of the progress that has been made
                    in negotiations to achieve the purposes, policies,
                    priorities, and objectives of this title, and a
                    statement that such progress justifies the continuation
                    of negotiations; and

    [[Page [1113]]]

                      (C) a statement of the reasons why the extension is
                    needed to complete the negotiations.
              (3) Other reports to congress.--
                      (A) Report by the advisory committee.--The President
                    shall promptly inform the Advisory Committee for Trade
                    Policy and Negotiations established under section 135 of
                    the Trade Act of 1974 (19 U.S.C. 2155) of the
                    President's decision to submit a report to the Congress
                    under paragraph (2). The Advisory Committee shall submit
                    to the Congress as soon as practicable, but not later
                    than May 1, 2005, a written report that contains--
                            (i) its views regarding the progress that has
                        been made in negotiations to achieve the purposes,
                        policies, priorities, and objectives of this title;
                        and
                            (ii) a statement of its views, and the reasons
                        therefor, regarding whether the extension requested
                        under paragraph (2) should be approved or
                        disapproved.
                      (B) Report by itc.--The President shall promptly
                    inform the International Trade Commission of the
                    President's decision to submit a report to the Congress
                    under paragraph (2). The International Trade Commission
                    shall submit to the Congress as soon as practicable, but
                    not later than May 1, 2005, a written report that
                    contains a review and analysis of the economic impact on
                    the United States of all trade agreements implemented
                    between the date of enactment of this Act and the date
                    on which the President decides to seek an extension
                    requested under paragraph (2).
              (4) Status of reports.--The reports submitted to the Congress
            under paragraphs (2) and (3), or any portion of such reports,
            may be classified to the extent the President determines
            appropriate.
              (5) Extension disapproval resolutions.--(A) For purposes of
            paragraph (1), the term ``extension disapproval resolution''
            means a resolution of either House of the Congress, the sole
            matter after the resolving clause of which is as follows: ``That
            the ------ disapproves the request of the President for the
            extension, under section 2103(c)(1)(B)(i) of the Bipartisan
            Trade Promotion Authority Act of 2002, of the trade authorities
            procedures under that Act to any imple

    [[Page [1114]]]

            menting bill submitted with respect to any trade agreement
            entered into under section 2103(b) of that Act after June 30,
            2005.'', with the blank space being filled with the name of the
            resolving House of the Congress.
              (B) Extension disapproval resolutions--
                      (i) may be introduced in either House of the Congress
                    by any member of such House; and
                      (ii) shall be referred, in the House of
                    Representatives, to the Committee on Ways and Means and,
                    in addition, to the Committee on Rules.
              (C) The provisions of section 152(d) and (e) of the Trade Act
            of 1974 (19 U.S.C. 2192(d) and (e)) (relating to the floor
            consideration of certain resolutions in the House and Senate)
            apply to extension disapproval resolutions.
              (D) It is not in order for--
                      (i) the Senate to consider any extension disapproval
                    resolution not reported by the Committee on Finance;
                      (ii) the House of Representatives to consider any
                    extension disapproval resolution not reported by the
                    Committee on Ways and Means and, in addition, by the
                    Committee on Rules; or
                      (iii) either House of the Congress to consider an
                    extension disapproval resolution after June 30, 2005.
      (d) Commencement of Negotiations.--In order to contribute to the
    continued economic expansion of the United States, the President shall
    commence negotiations covering tariff and nontariff barriers affecting
    any industry, product, or service sector, and expand existing sectoral
    agreements to countries that are not parties to those agreements, in
    cases where the President determines that such negotiations are feasible
    and timely and would benefit the United States. Such sectors include
    agriculture, commercial services, intellectual property rights,
    industrial and capital goods, government procurement, information
    technology products, environmental technology and services, medical
    equipment and services, civil aircraft, and infrastructure products. In
    so doing, the President shall take into account all of the principal
    negotiating objectives set forth in section 2102(b).

    sec. 2104. consultations and assessment.

    [[Page [1115]]]

      (a) Notice and Consultation Before Negotiation.--The President, with
    respect to any agreement that is subject to the provisions of section
    2103(b), shall--
              (1) provide, at least 90 calendar days before initiating
            negotiations, written notice to the Congress of the President's
            intention to enter into the negotiations and set forth therein
            the date the President intends to initiate such negotiations,
            the specific United States objectives for the negotiations, and
            whether the President intends to seek an agreement, or changes
            to an existing agreement;
              (2) before and after submission of the notice, consult
            regarding the negotiations with the Committee on Finance of the
            Senate and the Committee on Ways and Means of the House of
            Representatives, such other committees of the House and Senate
            as the President deems appropriate, and the Congressional
            Oversight group convened under section 2107; and
              (3) upon the request of a majority of the members of the
            Congressional Oversight Group under section 2107(c), meet with
            the Congressional Oversight Group before initiating the
            negotiations or at any other time concerning the negotiations.
      (b) Negotiations Regarding Agriculture.--
              (1) In general.--Before initiating or continuing negotiations
            the subject matter of which is directly related to the subject
            matter under section 2102(b)(10)(A)(i) with any country, the
            President shall assess whether United States tariffs on
            agricultural products that were bound under the Uruguay Round
            Agreements are lower than the tariffs bound by that country. In
            addition, the President shall consider whether the tariff levels
            bound and applied throughout the world with respect to imports
            from the United States are higher than United States tariffs and
            whether the negotiation provides an opportunity to address any
            such disparity. The President shall consult with the Committee
            on Ways and Means and the Committee on Agriculture of the House
            of Representatives and the Committee on Finance and the
            Committee on Agriculture, Nutrition, and Forestry of the Senate
            concerning the results of the assessment, whether it is
            appropriate for the United States to agree to further tariff
            reductions based on the conclusions reached in the assessment,
            and how all applicable negotiating objectives will be met.

    [[Page [1116]]]

              (2) Special consultations on import sensitive products.--(A)
            Before initiating negotiations with regard to agriculture, and,
            with respect to the Free Trade Area for the Americas and
            negotiations with regard to agriculture under the auspices of
            the World Trade Organization, as soon as practicable after the
            enactment of this Act, the United States Trade Representative
            shall--
                      (i) identify those agricultural products subject to
                    tariff-rate quotas on the date of enactment of this Act,
                    and agricultural products subject to tariff reductions
                    by the United States as a result of the Uruguay Round
                    Agreements, for which the rate of duty was reduced on
                    January 1, 1995, to a rate which was not less than 97.5
                    percent of the rate of duty that applied to such article
                    on December 31, 1994;
                      (ii) consult with the Committee on Ways and Means and
                    the Committee on Agriculture of the House of
                    Representatives and the Committee on Finance and the
                    Committee on Agriculture, Nutrition, and Forestry of the
                    Senate concerning--
                            (I) whether any further tariff reductions on the
                        products identified under clause (i) should be
                        appropriate, taking into account the impact of any
                        such tariff reduction on the United States industry
                        producing the product concerned;
                            (II) whether the products so identified face
                        unjustified sanitary or phytosanitary restrictions,
                        including those not based on scientific principles
                        in contravention of the Uruguay Round Agreements;
                        and
                            (III) whether the countries participating in the
                        negotiations maintain export subsidies or other
                        programs, policies, or practices that distort world
                        trade in such products and the impact of such
                        programs, policies, and practices on United States
                        producers of the products;
                      (iii) request that the International Trade Commission
                    prepare an assessment of the probable economic effects
                    of any such tariff reduction on the United States
                    industry producing the product concerned and on the
                    United States economy as a whole; and

    [[Page [1117]]]

                      (iv) upon complying with clauses (i), (ii), and (iii),
                    notify the Committee on Ways and Means and the Committee
                    on Agriculture of the House of Representatives and the
                    Committee on Finance and the Committee on Agriculture,
                    Nutrition, and Forestry of the Senate of those products
                    identified under clause (i) for which the Trade
                    Representative intends to seek tariff liberalization in
                    the negotiations and the reasons for seeking such tariff
                    liberalization.
              (B) If, after negotiations described in subparagraph (A) are
            commenced--
                      (i) the United States Trade Representative identifies
                    any additional agricultural product described in
                    subparagraph (A)(i) for tariff reductions which were not
                    the subject of a notification under subparagraph
                    (A)(iv), or
                      (ii) any additional agricultural product described in
                    subparagraph (A)(i) is the subject of a request for
                    tariff reductions by a party to the negotiations,
            the Trade Representative shall, as soon as practicable, notify
            the committees referred to in subparagraph (A)(iv) of those
            products and the reasons for seeking such tariff reductions.
              (3) Negotiations regarding the fishing industry.--Before
            initiating, or continuing, negotiations which directly relate to
            fish or shellfish trade with any country, the President shall
            consult with the Committee on Ways and Means and the Committee
            on Resources of the House of Representatives, and the Committee
            on Finance and the Committee on Commerce, Science, and
            Transportation of the Senate, and shall keep the Committees
            apprised of negotiations on an ongoing and timely basis.
      (c) Negotiations Regarding Textiles.--Before initiating or continuing
    negotiations the subject matter of which is directly related to textiles
    and apparel products with any country, the President shall assess
    whether United States tariffs on textile and apparel products that were
    bound under the Uruguay Round Agreements are lower than the tariffs
    bound by that country and whether the negotiation provides an
    opportunity to address any such disparity. The President shall consult
    with the Committee on Ways and Means of the House of Representatives and
    the Committee on Finance of the Senate con

    [[Page [1118]]]

    cerning the results of the assessment, whether it is appropriate for the
    United States to agree to further tariff reductions based on the
    conclusions reached in the assessment, and how all applicable
    negotiating objectives will be met.
      (d) Consultation With Congress Before Agreements Entered Into.--
              (1) Consultation.--Before entering into any trade agreement
            under section 2103(b), the President shall consult with--
                      (A) the Committee on Ways and Means of the House of
                    Representatives and the Committee on Finance of the
                    Senate;
                      (B) each other committee of the House and the Senate,
                    and each joint committee of the Congress, which has
                    jurisdiction over legislation involving subject matters
                    which would be affected by the trade agreement; and
                      (C) the Congressional Oversight Group convened under
                    section 2107.
              (2) Scope.--The consultation described in paragraph (1) shall
            include consultation with respect to--
                      (A) the nature of the agreement;
                      (B) how and to what extent the agreement will achieve
                    the applicable purposes, policies, priorities, and
                    objectives of this title; and
                      (C) the implementation of the agreement under section
                    2105, including the general effect of the agreement on
                    existing laws.
              (3) Report regarding united states trade remedy laws.--
                      (A) Changes in certain trade laws.--The President, at
                    least 180 calendar days before the day on which the
                    President enters into a trade agreement under section
                    2103(b), shall report to the Committee on Ways and Means
                    of the House of Representatives and the Committee on
                    Finance of the Senate--
                            (i) the range of proposals advanced in the
                        negotiations with respect to that agreement, that
                        may be in the final agreement, and that could
                        require amendments to title VII of the Tariff Act of
                        1930 or to chapter 1 of title II of the Trade Act of
                        1974; and
                            (ii) how these proposals relate to the
                        objectives described in section 2102(b)(14).

    [[Page [1119]]]

                      (B) Certain agreements.--With respect to a trade
                    agreement entered into with Chile or Singapore, the
                    report referred to in subparagraph (A) shall be
                    submitted by the President at least 90 calendar days
                    before the day on which the President enters into that
                    agreement.
                      (C) Resolutions.--(i) At any time after the
                    transmission of the report under subparagraph (A), if a
                    resolution is introduced with respect to that report in
                    either House of Congress, the procedures set forth in
                    clauses (iii) through (vi) shall apply to that
                    resolution if--
                            (I) no other resolution with respect to that
                        report has previously been reported in that House of
                        Congress by the Committee on Ways and Means or the
                        Committee on Finance, as the case may be, pursuant
                        to those procedures; and
                            (II) no procedural disapproval resolution under
                        section 2105(b) introduced with respect to a trade
                        agreement entered into pursuant to the negotiations
                        to which the report under subparagraph (A) relates
                        has previously been reported in that House of
                        Congress by the Committee on Ways and Means or the
                        Committee on Finance, as the case may be.
                      (ii) For purposes of this subparagraph, the term
                    ``resolution'' means only a resolution of either House
                    of Congress, the matter after the resolving clause of
                    which is as follows: ``That the ------ finds that the
                    proposed changes to United States trade remedy laws
                    contained in the report of the President transmitted to
                    the Congress on ------ under section 2104(d)(3) of the
                    Bipartisan Trade Promotion Authority Act of 2002 with
                    respect to ------, are inconsistent with the negotiating
                    objectives described in section 2102(b)(14) of that
                    Act.'', with the first blank space being filled with the
                    name of the resolving House of Congress, the second
                    blank space being filled with the appropriate date of
                    the report, and the third blank space being filled with
                    the name of the country or countries involved.
                      (iii) Resolutions in the House of Representatives--
                            (I) may be introduced by any Member of the
                        House;

    [[Page [1120]]]

                            (II) shall be referred to the Committee on Ways
                        and Means and, in addition, to the Committee on
                        Rules; and
                            (III) may not be amended by either Committee.
                      (iii) Resolutions in the Senate--
                            (I) may introduced by any Member of the Senate;
                            (II) shall be referred to the Committee on
                        Finance; and
                            (III) may not be amended.
                      (iv) It is not in order for the House of
                    Representatives to consider any resolution that is not
                    reported by the Committee on Ways and Means and, in
                    addition, by the Committee on Rules.
                      (v) It is not in order for the Senate to consider any
                    resolution that is not reported by the Committee on
                    Finance.
                      (vi) The provisions of section 152(d) and (e) of the
                    Trade Act of 1974 (19 U.S.C. 2192(d) and (e)) (relating
                    to floor consideration of certain resolutions in the
                    House and Senate) shall apply to resolutions.
      (e) Advisory Committee Reports.--The report required under section
    135(e)(1) of the Trade Act of 1974 regarding any trade agreement entered
    into under section 2103(a) or (b) of this Act shall be provided to the
    President, the Congress, and the United States Trade Representative not
    later than 30 days after the date on which the President notifies the
    Congress under section 2103(a)(1) or 2105(a)(1)(A) of the President's
    intention to enter into the agreement.
      (f) ITC Assessment.--
              (1) In general.--The President at least 90 calendar days
            before the day on which the President enters into a trade
            agreement under section 2103(b), shall provide the International
            Trade Commission (referred to in this subsection as ``the
            Commission'') with the details of the agreement as it exists at
            that time and request the Commission to prepare and submit an
            assessment of the agreement as described in paragraph (2).
            Between the time the President makes the request under this
            paragraph and the time the Commission submits the assessment,
            the President shall keep the Commission current with respect to
            the details of the agreement.

    [[Page [1121]]]

              (2) ITC assessment.--Not later than 90 calendar days after the
            President enters into the agreement, the Commission shall submit
            to the President and the Congress a report assessing the likely
            impact of the agreement on the United States economy as a whole
            and on specific industry sectors, including the impact the
            agreement will have on the gross domestic product, exports and
            imports, aggregate employment and employment opportunities, the
            production, employment, and competitive position of industries
            likely to be significantly affected by the agreement, and the
            interests of United States consumers.
              (3) Review of empirical literature.--In preparing the
            assessment, the Commission shall review available economic
            assessments regarding the agreement, including literature
            regarding any substantially equivalent proposed agreement, and
            shall provide in its assessment a description of the analyses
            used and conclusions drawn in such literature, and a discussion
            of areas of consensus and divergence between the various
            analyses and conclusions, including those of the Commission
            regarding the agreement.

    sec. 2105. implementation of trade agreements.

      (a) In General.--
              (1) Notification and submission.--Any agreement entered into
            under section 2103(b) shall enter into force with respect to the
            United States if (and only if)--
                      (A) the President, at least 90 calendar days before
                    the day on which the President enters into the trade
                    agreement, notifies the House of Representatives and the
                    Senate of the President's intention to enter into the
                    agreement, and promptly thereafter publishes notice of
                    such intention in the Federal Register;
                      (B) within 60 days after entering into the agreement,
                    the President submits to the Congress a description of
                    those changes to existing laws that the President
                    considers would be required in order to bring the United
                    States into compliance with the agreement;
                      (C) after entering into the agreement, the President
                    submits to the Congress, on a day on which both Houses
                    of Congress are in session, a copy of the final legal
                    text of the agreement, together with--

    [[Page [1122]]]

                            (i) a draft of an implementing bill described in
                        section 2103(b)(3);
                            (ii) a statement of any administrative action
                        proposed to implement the trade agreement; and
                            (iii) the supporting information described in
                        paragraph (2); and
                      (D) the implementing bill is enacted into law.
              (2) Supporting information.--The supporting information
            required under paragraph (1)(C)(iii) consists of--
                      (A) an explanation as to how the implementing bill and
                    proposed administrative action will change or affect
                    existing law; and
                      (B) a statement--
                            (i) asserting that the agreement makes progress
                        in achieving the applicable purposes, policies,
                        priorities, and objectives of this title; and
                            (ii) setting forth the reasons of the President
                        regarding--

        (I) how and to what extent the agreement makes progress in achieving
    the applicable purposes, policies, and objectives referred to in clause
    (i);

        (II) whether and how the agreement changes provisions of an agreement
    previously negotiated;

        (III) how the agreement serves the interests of United States commerce;

        (IV) how the implementing bill meets the standards set forth in section
    2103(b)(3); and

        (V) how and to what extent the agreement makes progress in achieving
    the applicable purposes, policies, and objectives referred to in section
    2102(c) regarding the promotion of certain priorities.

              (3) Reciprocal benefits.--In order to ensure that a foreign
            country that is not a party to a trade agreement entered into
            under section 2103(b) does not receive benefits under the
            agreement unless the country is also subject to the obligations
            under the agreement, the implementing bill submitted with
            respect to the agreement shall provide that the benefits and
            obligations under the agreement apply only to the parties to the
            agreement, if such application is consistent with

    [[Page [1123]]]

            the terms of the agreement. The implementing bill may also
            provide that the benefits and obligations under the agreement do
            not apply uniformly to all parties to the agreement, if such
            application is consistent with the terms of the agreement.
              (4) Disclosure of commitments.--Any agreement or other
            understanding with a foreign government or governments (whether
            oral or in writing) that--
                      (A) relates to a trade agreement with respect to which
                    the Congress enacts an implementing bill under trade
                    authorities procedures, and
                      (B) is not disclosed to the Congress before an
                    implementing bill with respect to that agreement is
                    introduced in either House of Congress, shall not be
                    considered to be part of the agreement approved by the
                    Congress and shall have no force and effect under United
                    States law or in any dispute settlement body.
      (b) Limitations on Trade Authorities Procedures.--
              (1) For lack of notice or consultations.--
                      (A) In general.--The trade authorities procedures
                    shall not apply to any implementing bill submitted with
                    respect to a trade agreement or trade agreements entered
                    into under section 2103(b) if during the 60-day period
                    beginning on the date that one House of Congress agrees
                    to a procedural disapproval resolution for lack of
                    notice or consultations with respect to such trade
                    agreement or agreements, the other House separately
                    agrees to a procedural disapproval resolution with
                    respect to such trade agreement or agreements.
                      (B) Procedural disapproval resolution.--(i) For
                    purposes of this paragraph, the term ``procedural
                    disapproval resolution'' means a resolution of either
                    House of Congress, the sole matter after the resolving
                    clause of which is as follows: ``That the President has
                    failed or refused to notify or consult in accordance
                    with the Bipartisan Trade Promotion Authority Act of
                    2002 on negotiations with respect to ------ and,
                    therefore, the trade authorities procedures under that
                    Act shall not apply to any implementing bill submitted
                    with respect to such trade agreement or agreements.'',
                    with the blank space being filled with a description of
                    the trade agreement or agreements with

    [[Page [1124]]]

                    respect to which the President is considered to have
                    failed or refused to notify or consult.
                            (ii) For purposes of clause (i), the President
                        has ``failed or refused to notify or consult in
                        accordance with the Bipartisan Trade Promotion
                        Authority Act of 2002'' on negotiations with respect
                        to a trade agreement or trade agreements if--

        (I) the President has failed or refused to consult (as the case may be)
    in accordance with section 2104 or 2105 with respect to the negotiations,
    agreement, or agreements;

        (II) guidelines under section 2107(b) have not been developed or met
    with respect to the negotiations, agreement, or agreements;

        (III) the President has not met with the Congressional Oversight Group
    pursuant to a request made under section 2107(c) with respect to the
    negotiations, agreement, or agreements; or

        (IV) the agreement or agreements fail to make progress in achieving the
    purposes, policies, priorities, and objectives of this title.

              (2) Procedures for considering resolutions.--(A) Procedural
            disapproval resolutions--
                          (i) in the House of Representatives--

        (I) may be introduced by any Member of the House;

        (II) shall be referred to the Committee on Ways and Means and, in
    addition, to the Committee on Rules; and

        (III) may not be amended by either Committee; and

                            (ii) in the Senate--

        (I) may be introduced by any Member of the Senate

        (II) shall be referred to the Committee on Finance; and

        (III) may not be amended.

                      (B) The provisions of section 152(d) and (e) of the
                    Trade Act of 1974 (19 U.S.C. 2192(d) and (e)) (relating
                    to the floor consideration of certain resolutions in the
                    House and Senate) apply to a procedural disapproval
                    resolution introduced with respect to a trade agreement
                    if no other procedural disapproval resolution with
                    respect to that trade

    [[Page [1125]]]

                    agreement has previously been reported in that House of
                    Congress by the Committee on Ways and Means or the
                    Committee on Finance, as the case may be, and if no
                    resolution described in section 2104(d)(3)(C)(ii) with
                    respect to that trade agreement has been reported in
                    that House of Congress by the Committee on Ways and
                    Means or the Committee on Finance, as the case may be,
                    pursuant to the procedures set forth in clauses (iii)
                    through (vi) of such section 2104(d)(3)(C).
                      (C) It is not in order for the House of
                    Representatives to consider any procedural disapproval
                    resolution not reported by the Committee on Ways and
                    Means and, in addition, by the Committee on Rules.
                      (D) It is not in order for the Senate to consider any
                    procedural disapproval resolution not reported by the
                    Committee on Finance.
              (3) For failure to meet other requirements.--Not later than
            December 31, 2002, the Secretary of Commerce, in consultation
            with the Secretary of State, the Secretary of the Treasury, the
            Attorney General, and the United States Trade Representative,
            shall transmit to the Congress a report setting forth the
            strategy of the executive branch to address concerns of the
            Congress regarding whether dispute settlement panels and the
            Appellate Body of the WTO have added to obligations, or
            diminished rights, of the United States, as described in section
            2101(b)(3). Trade authorities procedures shall not apply to any
            implementing bill with respect to an agreement negotiated under
            the auspices of the WTO unless the Secretary of Commerce has
            issued such report in a timely manner.
      (c) Rules of House of Representatives and Senate.--Subsection (b) of
    this section, section 2103(c), and section 2104(d)(3)(C) are enacted by
    the Congress--
              (1) as an exercise of the rulemaking power of the House of
            Representatives and the Senate, respectively, and as such are
            deemed a part of the rules of each House, respectively, and such
            procedures supersede other rules only to the extent that they
            are inconsistent with such other rules; and
              (2) with the full recognition of the constitutional right of
            either House to change the rules (so far as relating to the
            procedures of that House) at any time,

    [[Page [1126]]]

            in the same manner, and to the same extent as any other rule of
            that House.

    sec. 2106. treatment of certain trade agreements
             for which negotiations have already begun.

      (a) Certain Agreements.--Notwithstanding the prenegotiation
    notification and consultation requirement described in section 2104(a),
    if an agreement to which section 2103(b) applies--
              (1) is entered into under the auspices of the World Trade
            Organization,
              (2) is entered into with Chile,
              (3) is entered into with Singapore, or
              (4) establishes a Free Trade Area for the Americas,
    and results from negotiations that were commenced before the date of the
    enactment of this Act, subsection (b) shall apply.
      (b) Treatment of Agreements.--In the case of any agreement to which
    subsection (a) applies--
              (1) the applicability of the trade authorities procedures to
            implementing bills shall be determined without regard to the
            requirements of section 2104(a) (relating only to 90 days notice
            prior to initiating negotiations), and any procedural
            disapproval resolution under section 2105(b)(1)(B) shall not be
            in order on the basis of a failure or refusal to comply with the
            provisions of section 2104(a); and
              (2) the President shall, as soon as feasible after the
            enactment of this Act--
                      (A) notify the Congress of the negotiations described
                    in subsection (a), the specific United State objectives
                    in the negotiations, and whether the President is
                    seeking a new agreement or changes to an existing
                    agreement; and
                      (B) before and after submission of the notice, consult
                    regarding the negotiations with the committees referred
                    to section 2104(a)(2) and the Congressional Oversight
                    Group convened under section 2107.

                                                               Sec. 1130(12)

        12. Federal Salary Act of 1967, Sec. 225(h)-(j) [2 U.S.C. 358-60]
    [DOCID:hd284-164]

      Sec. 225. citizens' commission on public service and compensation.-- *
    * *

    [[Page [1127]]]

      (h) recommendations of the president with respect to pay [2 u.s.c.
    358].-- * * * (2) The President shall transmit his recommendations under
    this subsection to Congress on the first Monday after January 3 of the
    first calendar year beginning after the date on which the Commission
    submits its report and recommendations to the President under subsection
    (g) [2 U.S.C. 357].

      (i) effective date of recommendations of the president [2 u.s.c.
    359].--(1) None of the President's recommendations under subsection (h)
    [2 U.S.C. 358] shall take effect unless approved under paragraph (2).
      (2)(A) The recommendations of the President under subsection (h) [2
    U.S.C. 358] shall be considered approved under this paragraph if there
    is enacted into law a bill or joint resolution approving such
    recommendations in their entirety. This bill or joint resolution shall
    be passed by recorded vote to reflect the vote of each Member of
    Congress thereon.
      (B)(i) The provisions of this subparagraph are enacted by the
    Congress--
              (I) as an exercise of the rulemaking power of the Senate and
            the House of Representatives and as such shall be considered as
            part of the rules of each House, and shall supersede other rules
            only to the extent that they are inconsistent therewith; and
              (II) with full recognition of the constitutional right of
            either House to change the rules (so far as they relate to the
            procedures of that House) at any time, in the same manner, and
            to the same extent as in the case of any other rule of that
            House.
      (ii) During the 60-calendar-day period beginning on the date that the
    President transmits his recommendations to the Congress under subsection
    (h) [2 U.S.C. 358], it shall be in order as a matter of highest
    privilege in each House of Congress to consider a bill or joint
    resolution, if offered by the majority leader of such House (or a
    designee), approving such recommendations in their entirety.
      (3) Except as provided in paragraph (4), any recommended pay
    adjustment approved under paragraph (2) shall take effect as of the date
    proposed by the President under subsection (h) [2 U.S.C. 358] with
    respect to such adjustment.
      (4)(A) Notwithstanding the approval of the President's pay
    recommendations in accordance with paragraph (2), none of those
    recommendations shall take effect unless, between the date on which the
    bill or resolution approving

    [[Page [1128]]]

    those recommendations is signed by the President (or otherwise becomes
    law) and the earliest date as of which the President proposes (under
    subsection (h) [2 U.S.C. 358]) that any of those recommendations take
    effect, an election of Representatives shall have intervened.
      (B) For purposes of this paragraph, the term ``election of
    Representatives'' means an election held on the Tuesday following the
    first Monday of November in any even-numbered calendar year.

      (j) effect of recommendations on existing law and prior
    recommendations [2 u.s.c. 360].--The recommendations of the President
    taking effect as provided in section 225(i) [2 U.S.C. 359] shall be held
    and considered to modify, supersede, or render inapplicable, as the case
    may be, to the extent inconsistent therewith--
              (A) all provisions of law enacted prior to the effective date
            or dates of all or part (as the case may be) of such
            recommendations (other than any provision of law enacted with
            respect to such recommendations in the period beginning on the
            date the President transmits his recommendations to the Congress
            under subsection (h) [2 U.S.C. 358] and ending on the date of
            their approval under subsection (i)(2) [2 U.S.C. 359(2)]), and
              (B) any prior recommendations of the President which take
            effect under this chapter.

      In 1985, the Salary Act was amended to require a salary commission
    report with respect to fiscal year 1987. The President transmitted his
    recommendations concerning that report in his fiscal year 1988 Budget
    message (Jan. 5, 1987, H. Doc. 100-11). Since not disapproved by the
    Congress in accordance with the Salary Act (2 U.S.C. 359), those
    recommendations took effect on March 1, 1987. On return to the normal
    quadrennial cycle, the President transmitted with his fiscal year 1990
    Budget message recommendations concerning a salary commission report
    with respect to fiscal year 1989 (Jan. 9, 1989, H. Doc. 101-21). Those
    recommendations were disapproved by Public Law 101-1 (H. J. Res. 129,
    101st Cong., Feb. 7, 1989, p. 1708). In 1989, the Salary Act was amended
    to redesignate the Commission, refine the parameters for quadrennial
    adjustments, and provide for privileged consideration of legislation to
    approve adjustments recommended by the President. The quadrennial review
    contemplated by the statute has not occurred since 1993. Adjustments are
    to maintain equal levels of pay among the Speaker, the Vice President,
    and the Chief Justice; among the Majority and Minority Leaders, the
    President pro tempore of the Senate, and level I of the Executive
    Schedule; and among Representatives, Senators, certain judges, and level
    II of the Executive Schedule (2 U.S.C. 362).

    [[Page [1129]]]

      Under section 311(d) of the Legislative Branch Appropriations Act,
    1988 (2 U.S.C. 60a-2a), the Speaker may adjust pay levels for officers
    and employees of the House to maintain certain relationships with
    comparable levels in the Senate and in the other branches of government.
    This authority to issue ``pay orders'' is stated as follows:

      ``Sec. 311. * * * (d)(1) Notwithstanding any other provision of this
    Act, or any other provision of law, rule, or regulation, hereafter each
    time the President pro tempore of the Senate exercises any authority
    pursuant to any of the amendments made by this section with respect to
    rates of pay or any other matter relating to personnel whose pay is
    disbursed by the Secretary of the Senate, or whenever any of the events
    described in paragraph (2) occurs, the Speaker of the House of
    Representatives may adjust the rates of pay (and any minimum or maximum
    rate, limitation, or allowance) applicable to personnel whose pay is
    disbursed by the Clerk of the House of Representatives to the extent
    necessary to ensure--
              ``(A) appropriate pay levels and relationships between and
            among positions held by personnel of the House of
            Representatives; and
              ``(B) appropriate pay relationships between--
                      ``(i) positions referred to in subparagraph (A); and
                      ``(ii)(I) positions under subparagraphs (A) through
                    (D) of section 225(f) of the Federal Salary Act of 1967
                    [2 U.S.C. 356];
                      ``(II) positions held by personnel whose pay is
                    disbursed by the Secretary of the Senate; and
                      ``(III) positions to which the General Schedule
                    applies.
      ``(2) The other events permitting an exercise of authority under this
    subsection are either--
              ``(A) an adjustment under section 5303 of title 5, United
            States Code, in rates of pay under the General Schedule; or
              ``(B) an adjustment in rates of pay for Members of the House
            of Representatives (other than an adjustment which occurs by
            virtue of an adjustment described in subparagraph (A)).
      ``(3) For the purpose of this subsection, the term `Member of the
    House of Representatives' means a Member of the House of
    Representatives, a Delegate to the House of Representatives, and the
    Resident Commissioner from Puerto Rico.''
                                                               Sec. 1130(13)

             13. Energy Policy and Conservation Act [42 U.S.C. 6421]
    [DOCID:hd284-165]

                          Part C--Congressional Review

    procedure for congressional review of presidential requests to implement
                               certain authorities

      Sec. 551. (a) For purposes of this section, the term ``energy action''
    means any matter required to be transmitted,

    [[Page [1130]]]

    or submitted to the Congress in accordance with the procedures of this
    section.
      (b) The President shall transmit any energy action (bearing an
    identification number) to both Houses of Congress on the same day. If
    both Houses are not in session on the day any energy action is received
    by the appropriate officers of each House, for purposes of this section
    such energy action shall be deemed to have transmitted on the first
    succeeding day on which both Houses are in session.
      (c)(1) Except as provided in paragraph (2) of this subsection, if
    energy action is transmitted to the Houses of Congress, such action
    shall take effect at the end of the first period of 15 calendar days of
    continuous session of Congress after the date on which such action is
    transmitted to such Houses, unless between the date of transmittal and
    the end of such 15-day period, either House passes a resolution stating
    in substance that such House does not favor such action.
      (2) An energy action described in paragraph (1) may take effect prior
    to the expiration of the 15-calendar-day period after the date on which
    such action is transmitted, if each House of Congress approves a
    resolution affirmatively stating in substance that such House does not
    object to such action.
      (d) For the purpose of subsection (c) of this section--
              (1) continuity of session is broken only by an adjournment of
            Congress sine die; and
              (2) the days on which either House is not in session because
            of an adjournment of more than 3 days to a day certain are
            excluded in the computation of the 15-calendar-day period.
      (e) Under provisions contained in an energy action, a provision of
    such an action may take effect on a date later than the date on which
    such action otherwise takes effect pursuant to the provisions of this
    section.
      (f)(1) This subsection is enacted by Congress--
              (A) as an exercise of the rulemaking power of the Senate and
            the House of Representatives, respectively, and as such it is
            deemed a part of the rules of each House, respectively, but
            applicable only with respect to the procedure to be followed in
            that House in the case of resolutions described by paragraph (2)
            of this subsection; and it supersedes other rules only to the
            extent that is inconsistent therewith; and

    [[Page [1131]]]

              (B) with full recognition of the constitutional right of
            either House to change the rules (so far as relating to the
            procedure of that House) at any time, in the same manner and to
            the same extent as in the case of any other rule of the House.
      (2) For purposes of this subsection, the term ``resolution'' means
    only a resolution of either House of Congress described in subparagraph
    (A) or (B) of this paragraph.
              (A) A resolution the matter after the resolving clause of
            which is as follows: ``That the ------ does not object to the
            energy action numbered ------ submitted to the Congress on ----
            --, 19--.'', the first blank space therein being filled with the
            name of the resolving House and the other blank spaces being
            appropriately filled; but does not include a resolution which
            specifies more than one energy action.
              (B) A resolution the matter after the resolving clause of
            which is as follows: ``That the ------ does not favor the energy
            action numbered ------ transmitted to Congress on ------,
            19--.'', the first blank space therein being filled with the
            name of the resolving House and other blank spaces therein being
            appropriately filled; but does not include a resolution which
            specifies more than one energy action.
      (3) A resolution once introduced with respect to an energy action
    shall immediately be referred to a committee (and all resolutions with
    respect to the same plan shall be referred to the same committee) by the
    President of the Senate or the Speaker of the House of Representatives,
    as the case may be.
      (4)(A) If the committee to which a resolution with respect to an
    energy action has been referred has not reported it at the end of 5
    calendar days after its referral, it shall be in order to move either to
    discharge the committee from further consideration of such resolution or
    to discharge the committee from further consideration of any other
    resolution with respect to such energy action which has been referred to
    the committee.
      (B) A motion to discharge may be made only by an individual favoring
    the resolution, shall be highly privileged (except that it may not be
    made after the committee has reported a resolution with respect to the
    same energy action), and debate thereon shall be limited to not more
    than one hour, to be divided equally between those favoring and those
    opposing the resolution. An amendment to the motion shall not be in
    order, and it shall not be in order

    [[Page [1132]]]

    to move to reconsider the vote by which the motion was agreed to or
    disagreed to.
      (C) If the motion to discharge is agreed to or disagreed to, the
    motion may not be renewed, nor may another motion to discharge the
    committee be made with respect to any other resolution with respect to
    the same energy action.
      (5)(A) When the committee has reported, or has been discharged from
    further consideration of, a resolution, it shall be at any time
    thereafter in order (even though a previous motion to the same effect
    has been disagreed to) to move to proceed to the consideration of the
    resolution. The motion shall be highly privileged and shall not be
    debatable. An amendment to the motion shall not be in order, and it
    shall not be in order to move to reconsider the vote by which the motion
    was agreed to or disagreed to.
      (B) Debate on the resolution referred to in subparagraph (A) of this
    paragraph shall be limited to not more than 10 hours, which shall be
    divided equally between those favoring and those opposing such
    resolution. A motion further to limit debate shall not be debatable. An
    amendment to, or motion to recommit, the resolution shall not be in
    order, and it shall not be in order to move to reconsider the vote by
    which such resolution was agreed to or disagreed to; except that it
    shall be in order--
              (i) to offer an amendment in the nature of a substitute,
            consisting of the text of a resolution described in paragraph
            (2)(A) of this subsection with respect to an energy action, for
            a resolution described in paragraph (2)(B) of this subsection
            with respect to the same such action, or
              (ii) to offer an amendment in the nature of a substitute,
            consisting of the text of a resolution described in paragraph
            (2)(B) of this subsection with respect to an energy action, for
            a resolution described in paragraph (2)(A) of this subsection
            with respect to the same such action.
    The amendments described in clauses (i) and (ii) of this subparagraph
    shall not be amendable.
      (6)(A) Motions to postpone, made with respect to the discharge from
    committee, or the consideration of a resolution and motions to proceed
    to the consideration of other business, shall be decided without debate.
      (B) Appeals from the decision of the Chair relating to the application
    of the rules of the Senate or the House of

    [[Page [1133]]]

    Representatives, as the case may be, to the procedure relating to a
    resolution shall be decided without debate.
      (7) Notwithstanding any of the provisions of this subsection, if a
    House has approved a resolution with respect to an energy action, then
    it shall not be in order to consider in that House any other resolution
    with respect to the same such action.

      These statutory procedures have been used for consideration of a
    motion to discharge a committee from consideration of a resolution
    disapproving an ``energy action'' under Public Law 94-163 (Apr. 13,
    1976, p. 10794; May 27, 1976, p. 15772).
                                                               Sec. 1130(14)

         14. Extensions of Emergency Energy Authorities [42 U.S.C. 8374]
    [DOCID:hd284-166]

      Sec. 404. emergency authorities.--(a) coal allocation authority.--(1)
    If the President--
              (A) declares a severe energy supply interruption, as defined
            in section 3(8) of the Energy Policy and Conservation Act [42
            U.S.C. 6202(8)], or
              (B) finds, and publishes such finding, that a national or
            regional fuel supply shortage exists or may exist which the
            President determines--
                      (i) is, or is likely to be, of significant scope and
                    duration, and of an emergency nature;
                      (ii) causes, or may cause, major adverse impact on
                    public health, safety, or welfare or on the economy; and
                      (iii) results, or is likely to result, from an
                    interruption in the supply of coal or from sabotage, or
                    an act of God;
    the President may, by order, allocate (and require the transportation
    thereof) for the use of any electrical powerplant or major fuel-burning
    installation, in accordance with such terms and conditions as he may
    prescribe, to insure reliability of electric service or prevent
    unemployment, or protect public health, safety, or welfare.
      (2) For purposes of this subsection, the term ``coal'' means
    anthracite and bituminous coal and lignite (but does not mean any fuel
    derivative thereof).
      (b) emergency prohibition on use of natural gas or petroleum.--If the
    President declares a severe energy supply interruption, as defined in
    section 3(8) of the Energy Policy and Conservation Act [42 U.S.C.
    6202(8)], the President may, by order, prohibit any electric powerplant

    [[Page [1134]]]

    or major fuelburning installation from using natural gas or petroleum,
    or both, as a primary energy source for the duration of such
    interruption. Notwithstanding any other provision of this section, any
    suspension of emission limitations or other requirements of applicable
    implementation plans, as defined in section 110(d) of the Clean Air Act
    [42 U.S.C. 7410(d)], required by such prohibition shall be issued only
    in accordance with section 110(f) of the Clean Air Act [42 U.S.C.
    7410(f)].
      (c) emergency stays.--The President may, by order, stay the
    application of any provision of this act, or any rule or order
    thereunder, applicable to any new or existing electric powerplant, if
    the President finds, and publishes such finding, that an emergency
    exists, due to national, regional, or systemwide shortages of coal or
    other alternate fuels, or disruption of transportation facilities, which
    emergency is likely to affect reliability of service of any such
    electric powerplant.
      (d) duration of emergency orders.--(1) Except as provided in paragraph
    (3), any order issued by the President under this section shall not be
    effective for longer than the duration of the interruption or emergency,
    or 90 days, whichever is less.
      (2) Any such order may be extended by a subsequent order which the
    President shall transmit to the Congress in accordance with section 551
    of the Energy Policy and Conservation Act [42 U.S.C. 6421]. Such order
    shall be subject to congressional review pursuant to such section.
      (3) Notwithstanding paragraph (1), the effectiveness of any order
    issued under this section shall not terminate under this subsection
    during the 15-calendar-day period during which any such subsequent order
    described in paragraph (2) is subject to congressional review under
    section 551 of the Energy Policy and Conservation Act [42 U.S.C. 6421].
                                                               Sec. 1130(15)

                  15. Nuclear Waste Fund Fees [42 U.S.C. 10222]
    [DOCID:hd284-167]

      Sec. 302. (a) contracts.--(1) In the performance of his functions
    under this Act, the Secretary is authorized to enter into contracts with
    any person who generates or holds title to high-level radioactive waste,
    or spent nuclear fuel, of domestic origin for the acceptance of title,
    subsequent transportation, and disposal of such waste or spent fuel.
    Such contracts shall provide for payment to the Sec

    [[Page [1135]]]

    retary of fees pursuant to paragraphs (2) and (3) sufficient to offset
    expenditures described in subsection (d).

                                      * * *

      (4) Not later than 180 days after the date of enactment of this Act,
    the Secretary shall establish procedures for the collection and payment
    of the fees established by paragraph (2) and paragraph (3). The
    Secretary shall annually review the amount of the fees established by
    paragraphs (2) and (3) above to evaluate whether collection of the fee
    will provide sufficient revenues to offset the costs as defined in
    subsection (d) herein. In the event the Secretary determines that either
    insufficient or excess revenues are being collected, in order to recover
    the costs incurred by the Federal Government that are specified in
    subsection (d), the Secretary shall propose an adjustment to the fee to
    insure full cost recovery. The Secretary shall immediately transmit this
    proposal for such an adjustment to Congress. The adjusted fee proposed
    by the Secretary shall be effective after a period of 90 days of
    continuous session have elapsed following the receipt of such
    transmittal unless during such 90-day period either House of Congress
    adopts a resolution disapproving the Secretary's proposed adjustment in
    accordance with the procedures set forth for congressional review of an
    energy action under section 551 of the Energy Policy and Conservation
    Act [42 U.S.C. 6421].
                                                              Sec. 1130(16A)

    [DOCID:hd284-168]
                             16. Arms Export Control

                       a. arms export control act, Sec. 36

                               [22 U.S.C. 2776(b)]

     reports on commercial and governmental military exports; congressional
                                     action

      Sec. 36. * * * (b)(1) Subject to paragraph (6), in the case of any
    letter of offer to sell any defense articles or services under this Act
    for $50,000,000 or more, any design and construction services for
    $200,000,000 or more, or any major defense equipment for $14,000,000 or
    more, before such letter of offer is issued, the President shall submit
    to the Speaker of the House of Representatives and to the chairman of
    the Committee on Foreign Relations of the Senate a numbered
    certification with respect to such

    [[Page [1136]]]

    offer to sell containing the information specified in * * * subsection
    (a) * * *

    A certification transmitted pursuant to this subsection shall be
    unclassified, except that the information specified in clause (ii) and
    the details of the description specified in clause (iii) of subsection
    (a) may be classified if the public disclosure thereof would be clearly
    detrimental to the security of the United States, in which case the
    information shall be accompanied by a description of the damage to the
    national security that could be expected to result from public
    disclosure of the information. The letter of offer shall not be issued
    with respect to a proposed sale to the North Atlantic Treaty
    Organization, any member country of such Organization, Japan, Australia,
    or New Zealand, if the Congress, within fifteen calendar days after
    receiving such certification, or with respect to a proposed sale to any
    other country or organization, if the Congress within thirty calendar
    days after receiving such certification, enacts a joint resolution
    prohibiting the proposed sale, unless the President states in his
    certification that an emergency exists which requires such sale in the
    national security interests of the United States. If the President
    states in his certification that an emergency exists which requires the
    proposed sale in the national security interest of the United States,
    thus waiving the congressional review requirements of this subsection,
    he shall set forth in the certification a detailed justification for his
    determination, including a description of the emergency circumstances
    which necessitate the immediate issuance of the letter of offer and a
    discussion of the national security interests involved.
      (2) Any such joint resolution shall be considered in the Senate in
    accordance with the provisions of section 601(b) of the International
    Security Assistance and Arms Export Control Act of 1976, except that for
    purposes of consideration of any joint resolution with respect to the
    North Atlantic Treaty Organization, any member country of such
    Organization, Japan, Australia, or New Zealand, it shall be in order in
    the Senate to move to discharge a committee to which such joint
    resolution was referred if such committee has not reported such joint
    resolution at the end of five calendar days after its introduction.
      (3) For the purpose of expediting the consideration and enactment of
    joint resolutions under this subsection, a motion to proceed to the
    consideration of any such joint resolution after it has been reported by
    the appropriate com

    [[Page [1137]]]

    mittee shall be treated as highly privileged in the House of
    Representatives.

                                      * * *

      Pursuant to this provision, a motion that the House resolve itself
    into the Committee of the Whole for consideration of a concurrent (now
    joint; see P.L. 99-247) resolution disapproving an export sale of major
    defense equipment is highly privileged after the resolution has been
    reported, subject to the three-day availability requirement of clause 4
    of rule XIII (former clause 2(l)(6) of rule XI) (Oct. 14, 1981, pp.
    23796, 23871, 23872; May 7, 1986, p. 9716).
                                                              Sec. 1130(16B)

                       b. arms export control act, Sec. 36

           commercial exports of defense articles and defense services

                               [22 U.S.C. 2776(c)]

      Sec. 36. * * * (c) * * * (2) Unless the President states in his
    certification [under paragraph (1)] that an emergency exists which
    requires the proposed export in the national security interests of the
    United States, a license for export described in paragraph (1)--
              (A) in the case of a license for an export to the North
            Atlantic Treaty Organization, any member country of that
            Organization or Australia, Japan, or New Zealand, shall not be
            issued until at least 15 calendar days after the Congress
            receives such certification, and shall not be issued then if the
            Congress, within that 15-day period, enacts a joint resolution
            prohibiting the proposed export; and
              (B) in the case of a license for an export of a commercial
            communications satellite for launch from, and by nationals of,
            the Russian Federation, Ukraine, or Kazakhstan, shall not be
            issued until at least 15 calendar days after the Congress
            receives such certification, and shall not be issued then if the
            Congress, within that 15-day period, enacts a joint resolution
            prohibiting the proposed export; and
              (C) in the case of any other license, shall not be issued
            until at least 30 calendar days after the Congress receives such
            certification, and shall not be issued then if the Congress,
            within that 30-day period, enacts a joint resolution prohibiting
            the proposed export.

    [[Page [1138]]]

      (3)(A) Any joint resolution under this subsection shall be considered
    in the Senate in accordance with the provisions of section 601(b) of the
    International Security Assistance and Arms Export Control Act of 1976.
      (B) For the purpose of expediting the consideration and enactment of
    joint resolutions under this subsection, a motion to proceed to the
    consideration of any such joint resolution after it has been reported by
    the appropriate committee shall be treated as highly privileged in the
    House of Representatives.
                                                              Sec. 1130(16C)

                       c. arms export control act, Sec. 36

                       commercial manufacturing agreements

                               [22 U.S.C. 2776(d)]

      Sec. 36. (d)(1) In the case of an approval under section 38 of this
    Act [22 U.S.C. 2778] of a United States commercial technical assistance
    or manufacturing licensing agreement which involves the manufacture
    abroad of any item of significant combat equipment on the United States
    Munitions List, before such approval is given, the President shall
    submit a certification with respect to such proposed commercial
    agreement in a manner similar to the certification required under
    subsection (c)(1) of this section containing comparable information,
    except that the last sentence of such subsection shall not apply to
    certifications submitted pursuant to this subsection.
      (2) A certification under this subsection shall be submitted--
              (A) at least 15 days before approval is given in the case of
            an agreement for or in a country which is a member of the North
            Atlantic Treaty Organization or Australia, Japan, or New
            Zealand; and
              (B) at least 30 days before approval is given in the case of
            an agreement for or in any other country;
    unless the President states in his certification that an emergency
    exists which requires the immediate approval of the agreement in the
    national security interests of the United States.
      (3) If the President states in his certification that an emergency
    exists which requires the immediate approval of the agreement in the
    national security interests of the United States, thus waiving the
    requirements of paragraph (4), he shall set forth in the certification a
    detailed justification for his determination, including a description

    [[Page [1139]]]

    of the emergency circumstances which necessitate the immediate approval
    of the agreement and a discussion of the national security interests
    involved.
      (4) Approval for an agreement subject to paragraph (1) may not be
    given under section 38 if the Congress, within the 15-day or 30-day
    period specified in paragraph (2)(A) or (B), as the case may be, enacts
    a joint resolution prohibiting such approval.
      (5)(A) Any joint resolution under paragraph (4) shall be considered in
    the Senate in accordance with the provisions of section 601(b) of the
    International Security Assistance and Arms Export Control Act of 1976.
      (B) For the purpose of expediting the consideration and enactment of
    joint resolutions under paragraph (4), a motion to proceed to the
    consideration of any such joint resolution after it has been reported by
    the appropriate committee shall be treated as highly privileged in the
    House of Representatives.
                                                              Sec. 1130(16D)

                       d. arms export control act, Sec. 3

                  third country transfer of military equipment

                                [22 U.S.C. 2753]

      Sec. 3. (a) No defense article or defense service shall be sold or
    leased by the United States Government under this Act to any country or
    international organization, and no agreement shall be entered into for a
    cooperative project (as defined in section 27 of this Act [22 U.S.C.
    2767]), unless--

                                      * * *

      (2) the country or international organization shall have agreed not to
    transfer title to, or possession of, any defense article or related
    training or other defense service so furnished to it, or produced in a
    cooperative project (as defined in section 27 of this Act [22 U.S.C.
    2767]), to anyone not an officer, employee, or agent of that country or
    international organization (or the North Atlantic Treaty Organization or
    the specific member countries (other than the United States) in the case
    of a cooperative project) and not to use or permit the use of such
    article or related training or other defense service for purposes other
    than those for which furnished unless the consent of the President has
    first been obtained;

    [[Page [1140]]]

                                      * * *

      (d)(1) Subject to paragraph (5), the President may not give his
    consent under paragraph (2) of subsection (a) or under the third
    sentence of such subsection, or under section 505(a)(1) or 505(a)(4) of
    the Foreign Assistance Act of 1961 [22 U.S.C. 2314(a)(1) or (4)], to a
    transfer of any major defense equipment valued (in terms of its original
    acquisition cost) at $14,000,000 or more, or any defense article or
    related training or of other defense service valued (in terms of its
    original acquisition cost) at $50,000,000 or more, unless the President
    submits to the Speaker of the House of Representatives and the Committee
    on Foreign Relations of the Senate a written certification with respect
    to such proposed transfer containing--
              (A) the name of the country or international organization
            proposing to make such transfer,
              (B) a description of the article or service proposed to be
            transferred, including its acquisition cost,
              (C) the name of the proposed recipient of such article or
            service,
              (D) the reasons for such proposed transfer, and
              (E) the date on which such transfer is proposed to be made.
    Any certification submitted to Congress pursuant to this paragraph shall
    be unclassified, except that information regarding the dollar value and
    number of articles or services proposed to be transferred may be
    classified if public disclosure thereof would be clearly detrimental to
    the security of the United States.
      (2)(A) Except as provided in subparagraph (B), unless the President
    states in the certification submitted pursuant to paragraph (1) of this
    subsection that an emergency exists which requires that consent to the
    proposed transfer become effective immediately in the national security
    interests of the United States, such consent shall not become effective
    until 30 calendar days after the date of such submission and such
    consent shall become effective then only if the Congress does not enact,
    within such 30-day period, a joint resolution prohibiting the proposed
    transfer.
      (B) In the case of a proposed transfer to the North Atlantic Treaty
    Organization, or any member country of such Organization, Japan,
    Australia, or New Zealand, unless the President states in the
    certification submitted pursuant to paragraph (1) of this subsection
    that an emergency exists which requires that consent to the proposed

    [[Page [1141]]]

    transfer become effective immediately in the national security interests
    of the United States, such consent shall not become effective until
    fifteen calendar days after the date of such submission and such consent
    shall become effective then only if the Congress does not enact, with
    such fifteen-day period, a joint resolution prohibiting the proposed
    transfer.
      (C) If the President states in his certification under subparagraph
    (A) or (B) that an emergency exists which requires that consent to the
    proposed transfer become effective immediately in the national security
    interests of the United States, thus waiving the requirements of that
    subparagraph, the President shall set forth in the certification a
    detailed justification for his determination, including a description of
    the emergency circumstances which necessitate immediate consent to the
    transfer and a discussion of the national security interests involved.
      (D)(i) Any joint resolution under this paragraph shall be considered
    in the Senate in accordance with the provisions of section 601(b) of the
    International Security Assistance and Arms Export Control Act of 1976.
      (ii) For the purpose of expediting the consideration and enactment of
    joint resolutions under this paragraph, a motion to proceed to the
    consideration of any such joint resolution after it has been reported by
    the appropriate committee shall be treated as highly privileged in the
    House of Representatives.
      (3)(A) Subject to paragraph (5), the President may not give his
    consent to the transfer of any major defense equipment valued (in terms
    of its original acquisition cost) at $14,000,000 or more, or any defense
    article or defense service valued (in terms of its original acquisition
    cost) at $50,000,000 or more, the export of which has been licensed or
    approved under section 38 of this Act [22 U.S.C. 2778], unless before
    giving such consent the President submits to the Speaker of the House of
    Representatives and the Chairman of the Committee on Foreign Relations
    of the Senate a certification containing the information specified in
    subparagraphs (A) through (E) of paragraph (1). Such certification shall
    be submitted--
              (i) at least 15 calendar days before such consent is given in
            the case of a transfer to a country which is a member of the
            North Atlantic Treaty Organization or Australia, Japan, or New
            Zealand; and
              (ii) at least 30 calendar days before such consent is given in
            the case of a transfer to any other country,

    [[Page [1142]]]

    unless the President states in his certification that an emergency
    exists which requires that consent to the proposed transfer become
    effective immediately in the national security interests of the United
    States. If the President states in his certification that such an
    emergency exists (thus waiving the requirements of clause (i) or (ii),
    as the case may be, and of subparagraph (B)) the President shall set
    forth in the certification a detailed justification for his
    determination, including a description of the emergency circumstances
    which necessitate that consent to the proposed transfer become effective
    immediately and a discussion of the national security interests
    involved.
      (B) Consent to a transfer subject to subparagraph (A) shall become
    effective after the end of the 15-day or 30-day period specified in
    subparagraph (A)(i) or (ii), as the case may be, only if the Congress
    does not enact, within that period, a joint resolution prohibiting the
    proposed transfer.
      (C)(i) Any joint resolution under this paragraph shall be considered
    in the Senate in accordance with the provisions of section 601(b) of the
    International Security Assistance and Arms Export Control Act of 1976.
      (ii) For the purpose of expediting the consideration and enactment of
    joint resolutions under this paragraph, a motion to proceed to the
    consideration of any such joint resolution after it has been reported by
    the appropriate committee shall be treated as highly privileged in the
    House of Representatives.
      (4) This subsection shall not apply--
              (A) to transfers of maintenance, repair, or overhaul defense
            services, or of the repair parts of other defense articles used
            in furnishing such services, if the transfer will not result in
            any increase, relative to the original specifications, in the
            military capability of the defense articles and services to be
            maintained, repaired, or overhauled;
              (B) to temporary transfers of defense articles for the sole
            purpose of receiving maintenance, repair, or overhaul; or
              (C) to arrangements among members of the North Atlantic Treaty
            Organization or between the North Atlantic Treaty Organization
            and any of its member countries--
                      (i) for cooperative cross servicing, or
                      (ii) for lead-nation procurement if the certification
                    transmitted to the Congress pursuant to

    [[Page [1143]]]

                    section 36(b) of this Act [22 U.S.C. 2776(b)] with
                    regard to such lead-nation procurement identified the
                    transferees on whose behalf the lead-nation procurement
                    was proposed.
      (5) In the case of a transfer to a member country of the North
    Atlantic Treaty Organization (NATO) or Australia, Japan, or New Zealand
    that does not authorize a new sales territory that includes any country
    other than such countries, the limitations on consent of the President
    set forth in paragraphs (1) and (3)(A) shall apply only if the transfer
    is--
              (A) a transfer of major defense equipment valued (in terms of
            its original acquisition cost) at $25,000,000 or more; or
              (B) a transfer of defense articles or defense services valued
            (in terms of its original acquisition cost) at $100,000,000 or
            more.

                                      * * *

                                                              Sec. 1130(16E)

                  e. arms export control act, Sec. Sec. 62, 63

                           leases of defense articles

                           [22 U.S.C. 2796a and 2796b]

      Sec. 62. reports to the congress.--(a) Before entering into or
    renewing any agreement with a foreign country or international
    organization to lease any defense article under this chapter, or to loan
    any defense article under chapter 2 of part II of the Foreign Assistance
    Act of 1961 [22 U.S.C. 2311], for a period of one year or longer, the
    President shall transmit to the Speaker of the House of Representatives,
    and to the chairman of the Committee on Foreign Relations of the Senate
    and the chairman of the Committee on Armed Services of the Senate, a
    written certification which specifies--
              (1) the country or international organization to which the
            defense article is to be leased or loaned;
              (2) the type, quantity, and value (in terms of replacement
            cost) of the defense article to be leased or loaned;
              (3) the terms and duration of the lease or loan; and
              (4) a justification for the lease or loan, including an
            explanation of why the defense article is being leased or loaned
            rather than sold under this Act.

    [[Page [1144]]]

      (b) The President may waive the requirements of this section (and in
    the case of an agreement described in section 63 [22 U.S.C. 2796b], may
    waive the provisions of that section) if he states in his certification,
    that an emergency exists which requires that the lease or loan be
    entered into immediately in the national security interests of the
    United States. If the President states in his certification that such an
    emergency exists, he shall set forth in the certification a detailed
    justification for his determination, including a description of the
    emergency circumstances which necessitate that the lease be entered into
    immediately and a discussion of the national security interests
    involved.
      (c) The certification required by subsection (a) shall be
    transmitted--
              (1) not less than 15 calendar days before the agreement is
            entered into or renewed in the case of an agreement with the
            North Atlantic Treaty Organization, any member country of that
            Organization or Australia, Japan, or New Zealand; and
              (2) not less than 30 calendar days before the agreement is
            entered into or renewed in the case of an agreement with any
            other organization or country.

      Sec. 63. legislative review.--(a)(1) Subject to paragraph (2), in the
    case of any agreement involving the lease under this chapter, or the
    loan under chapter 2 of part II of the Foreign Assistance Act of 1961
    [22 U.S.C. 2311], to any foreign country or international organization
    for a period of one year or longer of any defense articles which are
    either (i) major defense equipment valued (in terms of its replacement
    cost less any depreciation in its value) at $14,000,000 or more, or (ii)
    defense articles valued (in terms of their replacement cost less any
    depreciation in their value) at $50,000,000 or more, the agreement may
    not be entered into or renewed if the Congress, within the 15-day or 30-
    day period specified in section 62(c) (1) or (2), as the case may be,
    enacts a joint resolution prohibiting the proposed lease or loan.
      (2) In the case of an agreement described in paragraph (1) that is
    entered into with a member country of the North Atlantic Treaty
    Organization (NATO) or Australia, Japan, or New Zealand, the limitations
    in paragraph (1) shall apply only if the agreement involves a lease or
    loan of--

    [[Page [1145]]]

              (A) major defense equipment valued (in terms of its
            replacement cost less any depreciation in its value) at
            $25,000,000 or more; or
              (B) defense articles valued (in terms of their replacement
            cost less any depreciation in their value) at $100,000,000 or
            more.
      (b) Any joint resolution under subsection (a) shall be considered in
    the Senate in accordance with the provisions of section 601(b) of the
    International Security Assistance and Arms Export Control Act of 1976.
      (c) For the purpose of expediting the consideration and enactment of
    joint resolutions under subsection (a), a motion to proceed to the
    consideration of any such resolution after it has been reported by the
    appropriate committee shall be treated as highly privileged in the House
    of Representatives.
                                                               Sec. 1130(17)

    [DOCID:hd284-169]
       17. Federal Election Commission Regulations, Sec. 311(d) [2 U.S.C.
                                     438(d)]

      Sec. 311. * * * (d)(1) Before prescribing any rule, regulation, or
    form under this section or any other provision of this Act, the
    Commission shall transmit a statement with respect to such rule,
    regulation, or form to the Senate and the House of Representatives, in
    accordance with this subsection. Such statement shall set forth the
    proposed rule, regulation, or form, and shall contain a detailed
    explanation and justification of it.
      (2) If either House of the Congress does not disapprove by resolution
    any proposed rule or regulation submitted by the Commission under this
    section within 30 legislative days after the date of the receipt of such
    proposed rule or regulation or within 10 legislative days after the date
    of receipt of such proposed form, the Commission may prescribe such
    rule, regulation, or form.
      (3) For purposes of this subsection, the term ``legislative day''
    means, with respect to statements transmitted to the Senate, any
    calendar day on which the Senate is in session, and with respect to
    statements transmitted to the House of Representatives, any calendar day
    on which the House of Representatives is in session.
      (4) For purposes of this subsection, the terms ``rule'' and
    ``regulation'' mean a provision or series of interrelated provisions
    stating a single, separate rule of law.
      (5)(A) A motion to discharge a committee of the Senate from the
    consideration of a resolution relating to any such

    [[Page [1146]]]

    rule, regulation, or form or a motion to proceed to the consideration of
    such a resolution, is highly privileged and shall be decided without
    debate.
      (B) Whenever a committee of the House of Representatives reports any
    resolution relating to any such form, rule or regulation, it is at any
    time thereafter in order (even though a previous motion to the same
    effect has been disagreed to) to move to proceed to the consideration of
    the resolution. The motion is highly privileged and is not debatable. An
    amendment to the motion is not in order, and is not in order to move to
    reconsider the vote by which the motion is agreed to or disagreed with.
                                                               Sec. 1130(18)

    [DOCID:hd284-170]
    18. Alaska Natural Gas Transportation Act of 1976, Sec. Sec. 8 and 9 [15
                              U.S.C. 719f and 719g]

                              congressional review

      Sec. 8. * * * (c) For purposes of this section--
              (1) continuity of session of Congress is broken only by an
            adjournment sine die; and
              (2) the days on which either House is not in session because
            of an adjournment of more than 3 days to a day certain are
            excluded in the computation of the 60-day calendar period.
      (d)(1) This subsection is enacted by Congress--
              (A) as an exercise of the rulemaking power of each House of
            Congress, respectively, and as such it is deemed a part of the
            rules of each House, respectively, but applicable only with
            respect to the procedure to be followed in that House in the
            case of resolutions described by paragraph (2) of this
            subsection; and it supersedes other rules only to the extent
            that it is inconsistent therewith; and
              (B) with full recognition of the constitutional right of
            either House to change the rules (so far as those rules relate
            to the procedure of that House) at any time, in the same manner
            and to the same extent as in the case of any other rule of such
            House.
      (2) For purposes of this Act, the term ``resolution'' means (A) a
    joint resolution, the resolving clause of which is as follows: ``That
    the House of Representatives and Senate approve the Presidential
    decision on an Alaska natural gas transportation system submitted to the
    Congress on ------, 19--, and find that any environmental impact
    statements prepared relative to such system and sub

    [[Page [1147]]]

    mitted with the President's decision are in compliance with the Natural
    [so in original] Environmental Policy Act of 1969.''; the blank space
    therein shall be filled with the date on which the President submits his
    decision to the House of Representatives and the Senate; or (B) a joint
    resolution described in subsection (g) of this section.
      (3) A resolution once introduced with respect to a Presidential
    decision on an Alaska natural gas transportation system shall be
    referred to one or more committees (and all resolutions with respect to
    the same Presidential decision on an Alaska natural gas transportation
    system shall be referred to the same committee or committees) by the
    President of the Senate or the Speaker of the House of Representatives,
    as the case may be.
      (4)(A) If any committee to which a resolution with respect to a
    Presidential decision on an Alaska natural gas transportation system has
    been referred has not reported it at the end of 30 calendar days after
    its referral, it shall be in order to move either to discharge such
    committee from further consideration of such resolution or to discharge
    such committee from consideration of any other resolution with respect
    to such Presidential decision on an Alaska natural gas transportation
    system which has been referred to such committee.
      (B) A motion to discharge may be made only by an individual favoring
    the resolution, shall be highly privileged (except that it may not be
    made after the committee has reported a resolution with respect to the
    same Presidential decision on an Alaska natural gas transportation
    system), and debate thereon shall be limited to not more than 1 hour, to
    be divided equally between those favoring and those opposing the
    resolution. An amendment to the motion shall not be in order, and it
    shall not be in order to move to reconsider the vote by which the motion
    was agreed to or disagreed to.
      (C) If the motion to discharge is agreed to or disagreed to, the
    motion may not be made with respect to any other resolution with respect
    to the same Presidential decision on an Alaska natural gas
    transportation system.
      (5)(A) When any committee has reported, or has been discharged from
    further consideration of, a resolution, but in no case earlier than 30
    days after the date or receipt of the President's decision to the
    Congress, it shall be at any time thereafter in order (even though a
    previous motion to the same effect has been disagreed to) to move to
    proceed to the consideration of the resolution. The motion

    [[Page [1148]]]

    shall be highly privileged and shall not be debatable. An amendment to
    the motion shall not be in order, and it shall not be in order to move
    to reconsider the vote by which the motion was agreed to or disagreed
    to.
      (B) Debate on the resolution described in subsection (d)(2)(A) shall
    be limited to not more than 10 hours and on any resolution described in
    subsection (g) to one hour. This time shall be divided equally between
    those favoring and those opposing such resolution. A motion further to
    limit debate shall not be debatable. An amendment to, or motion to
    recommit the resolution shall not be in order, and it shall not be in
    order to move to reconsider the vote by which such resolution was agreed
    to or disagreed to or, thereafter within such 60-day period, to consider
    any other resolution respecting the same Presidential decision.
      (6)(A) Motions to postpone, made with respect to the discharge from
    committee, or the consideration of a resolution and motions to proceed
    to the consideration of other business, shall be decided without debate.
      (B) Appeals from the decision of the Chair relating to the application
    of the rules of the Senate or the House of Representatives, as the case
    may be, to the procedures relating to a resolution shall be decided
    without debate.

                                      * * *

      (g)(1) At any time after a decision designating a transportation
    system is submitted to the Congress pursuant to this section, if the
    President finds that any provision of law applicable to actions to be
    taken under subsection (a) or (c) of section 9 (15 U.S.C. 719g(a) or
    (c)) require waiver in order to permit expeditious construction and
    initial operation of the approved transportation system, the President
    may submit such proposed waiver to both Houses of Congress.
      (2) Such provision shall be waived with respect to actions to be taken
    under subsection (a) or (c) of section 9 [15 U.S.C. 719g(a) or (c)] upon
    enactment of a joint resolution pursuant to the procedures specified in
    subsection (c) and (d) of this section (other than subsection (d)(2)
    thereof) within the first period of 60 calendar days of continuous
    session of Congress beginning on the date after the date of receipt by
    the Senate and House of Representatives of such proposal.
      (3) The resolving clause of the joint resolution referred to in this
    subsection is as follows: ``That the House of Representatives and Senate
    approve the waiver of the provi

    [[Page [1149]]]

    sion of law (------) as proposed by the President, submitted to the
    Congress on ------, 19----.'' The first blank space therein being filled
    with the citation to the provision of law and the second blank space
    therein being filled with the date on which the President submits his
    decision to the House of Representatives and the Senate.
      (4) In the case of action with respect to a joint resolution described
    in this subsection, the phrase ``a waiver of a provision of law'' shall
    be substituted in subsection (d) for the phrase ``the Alaska natural gas
    transportation system.''.

                                 authorizations

      Sec. 9. (a) To the extent that the taking of any action which is
    necessary or related to the construction and initial operation of the
    approved transportation system requires a certificate, right-of-way,
    permit, lease, or other authorization to be issued or granted by a
    Federal officer or agency, such Federal officer or agency shall--
              (1) to the fullest extent permitted by the provisions of law
            administered by such officer or agency, but
              (2) without regard to any provision of law which is waived
            pursuant to section 8(g) [15 U.S.C. 719f(g)] issue or grant such
            certificates, permits, rights-of-way, leases, and other
            authorizations at the earliest practicable date.

                                      * * *

      (c) Any certificate, right-of-way, permit, lease, or other
    authorization issued or granted pursuant to the direction under
    subsection (a) shall include the terms and conditions required by law
    unless waived pursuant to a resolution under section 8(g) [15 U.S.C.
    719f(g)], and may include terms and conditions permitted by law, except
    that with respect to terms and conditions permitted but not required,
    the Federal officer or agency, notwithstanding any such other provision
    of law, shall have no authority to include terms and conditions as would
    compel a change in the basic nature and general route of the approved
    transportation system or those the inclusion of which would otherwise
    prevent or impair in any significant respect the expeditious
    construction and initial operation of such transportation system.

      Pursuant to section 8(d)(6)(A) of this statute [15 U.S.C.
    719f(d)(6)(A)] a privileged motion to resolve into the Committee of the
    Whole to consider a joint resolution providing a waiver of law under the
    statute is subject

    [[Page [1150]]]

    to a nondebatable motion to postpone to a day certain (or indefinitely)
    (Dec. 8, 1981, pp. 29972-73).
                                                               Sec. 1130(19)

              19. Crude Oil Transportation Systems [43 U.S.C. 2008]
    [DOCID:hd284-171]

      Sec. 508. procedures for waiver of federal law.--(a) waiver of
    provisions of federal law.--The President may identify those provisions
    of Federal law (including any law or laws regarding the location of a
    crude oil transportation system but not including any provision of the
    antitrust laws) which, in the national interest, as determined by the
    President, should be waived in whole or in part to facilitate
    construction or operation of any such system approved under section 507
    [43 U.S.C. 2007] or of the Long Beach-Midland project, and he shall
    submit any such proposed waiver to both Houses of the Congress. The
    provisions so identified shall be waived with respect to actions to be
    taken to construct or operate such system or project only upon enactment
    of a joint resolution within the first period of 60 calendar days of
    continuous session of Congress beginning on the date of receipt by the
    House of Representatives and the Senate of such proposal.
      (b) joint resolution.--The resolving clause of the joint resolution
    referred to in subsection (a) is as follows: ``That the House of
    Representatives and Senate approve the waiver of the provisions of law
    (------) as proposed by the President, submitted to the Congress on ----
    --, 19----.''. The first blank space therein being filled with the
    citation to the provisions of law proposed to be waived by the President
    and the second blank space therein being filled with the date on which
    the President submits his decision to waive such provisions of law to
    the House of Representatives and the Senate. Rules and procedures for
    consideration of any such joint resolution shall be governed by section
    8 (c) and (d) of the Alaskan Natural Gas Transportation Act [15 U.S.C.
    719f(c) and (d)], other than paragraph (2) of section 8(d) [15 U.S.C.
    719f(d)], except that for the purposes of this subsection, the phrase
    ``a waiver of provisions of law'' shall be substituted in section 8(d)
    [15 U.S.C. 719f(d)] each place where the phrase ``an Alaska natural gas
    transportation system'' appears.

    [[Page [1151]]]

                                                               Sec. 1130(20)

    [DOCID:hd284-172]
    20. Alaska National Interest Lands Conservation Act, Sec. Sec. 1502 and
                         1503 [16 U.S.C. 3232 and 3233]

                 national need mineral activity recommendations

                                [16 U.S.C. 3232]

      Sec. 1502. (a) recommendation.--At any time after December 2, 1980,
    the President may transmit a recommendation to the Congress that mineral
    exploration, development, or extraction not permitted under this Act or
    other applicable law shall be permitted in a specified area of the lands
    referred to in section 1501 [16 U.S.C. 3231]. Notice of such transmittal
    shall be published in the Federal Register. No recommendation of the
    President under this section may be transmitted to the Congress before
    ninety days after publication in the Federal Register of notice of his
    intention to submit such recommendation.

                                      * * *

      (d) approval.--Any recommendation under this section shall take effect
    only upon enactment of a joint resolution approving such recommendation
    within the first period of one hundred and twenty calendar days of
    continuous session of Congress beginning on the date after the date of
    receipt by the Senate and House of Representatives of such
    recommendation. Any recommendation of the President submitted to
    Congress under subsection (a) shall be considered received by both
    Houses for purposes of this section on the first day on which both are
    in session occurring after such recommendation is submitted.
      (e) one-hundred-and-twenty-day computation.--For purposes of this
    section--
              (1) continuity of session of Congress is broken only by an
            adjournment sine die; and
              (2) the days on which either House is not in session because
            of an adjournment of more than three days to a day certain are
            excluded in the computation of the one-hundred-and-twenty-day
            calendar period.

    [[Page [1152]]]

                         expedited congressional review

                                [16 U.S.C. 3233]

      Sec. 1503. (a) rulemaking.--This subsection is enacted by Congress--
              (1) as an exercise of the rulemaking power of each House of
            Congress, respectively, and as such it is deemed a part of the
            rules of each House, respectively, but applicable only with
            respect to the procedure to be followed in the House in the case
            of resolutions described by subsection (b) of this section and
            it supersedes other rules only to the extent that it is
            inconsistent therewith; and
              (2) with full recognition of the constitutional right of
            either House to change the rules (so far as those relate to the
            procedure of that House) at any time, in the same manner and to
            the same extent as in the case of any other rule of such House.
      (b) resolution.--For purposes of this section, the term ``resolution''
    means a joint resolution, the resolving clause of which is as follows:
    ``That the House of Representatives and Senate approve the
    recommendation of the President for ------ in ------ submitted to the
    Congress on ------, 19----.'', the first blank space therein to be
    filled in with appropriate activity, the second blank space therein to
    be filled in with the name or description of the area of land affected
    by the activity, and the third blank space therein to be filled with the
    date on which the President submits his recommendation to the House of
    Representatives and the Senate. Such resolution may also include
    material relating to the application and effect of the National
    Environmental Policy Act of 1969 [42 U.S.C. 4321] to the recommendation.
      (c) referral.--A resolution once introduced with respect to such
    Presidential recommendation shall be referred to one or more committees
    (and all resolutions with respect to the same Presidential
    recommendation shall be referred to the same committee or committees) by
    the President of the Senate or the Speaker of the House of
    Representatives, as the case may be.
      (d) other procedures.--Except as otherwise provided in this section
    the provisions of section 8(d) of the Alaska Natural Gas Transportation
    Act [15 U.S.C. 719f(d)] shall apply to the consideration of the
    resolution.

    [[Page [1153]]]

                                                              Sec. 1130(21A)

       21. Federal Land Policy and Management Act of 1976 [43 U.S.C. 1701]
    [DOCID:hd284-173]

                              a. land use planning

                                [43 U.S.C. 1712]

      Sec. 202. (a) The Secretary shall, with public involvement and
    consistent with the terms and conditions of this Act, develop, maintain,
    and, when appropriate, revise land use plans which provide by tracts or
    areas for the use of the public lands. Land use plans shall be developed
    for the public lands regardless of whether such lands previously have
    been classified, withdrawn, set aside, or otherwise designated for one
    or more uses.

                                      * * *

      (d) Any classification of public lands or any land use plan in effect
    on October 21, 1976, is subject to review in the land use planning
    process conducted under this section, and all public lands, regardless
    of classification, are subject to inclusion in any land use plan
    developed pursuant to this section. The Secretary may modify or
    terminate any such classification with such land use plans.
      (e) The Secretary may issue management decisions to implement land use
    plans developed or revised under this section in accordance with the
    following:
              (1) Such decisions, including but not limited to exclusions
            (that is, total elimination) of one or more of the principal or
            major uses made by a management decision shall remain subject to
            reconsideration, modification, and termination through revision
            by the Secretary or his delegate, under the provisions of this
            section, of the land use plan involved.
              (2) Any management decision or action pursuant to a management
            decision that excludes (that is, totally eliminates) one or more
            of the principal or major uses for two or more years with
            respect to a tract of land of one hundred thousand acres or more
            shall be reported by the Secretary to the House of
            Representatives and the Senate. If within ninety days from the
            giving of such notice (exclusive of days on which either House
            has adjourned for more than three consecutive days), the
            Congress adopts a concurrent resolution of nonapproval of the
            management decision or

    [[Page [1154]]]

            action, then the management decision or action shall be promptly
            terminated by the Secretary. If the committee to which a
            resolution has been referred during the said ninety day period
            has not reported it at the end of thirty calendar days after its
            referral, it shall be in order to either discharge the committee
            from further consideration of such resolution or to discharge
            the committee from consideration of any other resolution with
            respect to the management decision or action. A motion to
            discharge may be made only by an individual favoring the
            resolution, shall be highly privileged (except that it may not
            be made after the committee has reported such a resolution), and
            debate thereon shall be limited to not more than one hour, to be
            divided equally between those favoring and those opposing the
            resolution. An amendment to the motion shall not be in order,
            and it shall not be in order to move to reconsider the vote by
            which the motion was agreed to or disagreed to. If the motion to
            discharge is agreed to or disagreed to, the motion may not be
            made with respect to any other resolution with respect to the
            same management decision or action. When the committee has
            reported, or has been discharged from further consideration of a
            resolution, it shall at any time thereafter be in order (even
            though a previous motion to the same effect has been disagreed
            to) to move to proceed to the consideration of the resolution.
            The motion shall be highly privileged and shall not be
            debatable. An amendment to the motion shall not be in order, and
            it shall not be in order to move to reconsider the vote by which
            the motion was agreed to or disagreed to.
                                                              Sec. 1130(21B)

                                    b. sales

                                [43 U.S.C. 1713]

      Sec. 203. * * * (c) Where a tract of the public lands in excess of two
    thousand five hundred acres has been designated for sale, such sale may
    be made only after the end of the ninety days (not counting days on
    which the House of Representatives or the Senate has adjourned for more
    than three consecutive days) beginning on the day the Secretary has
    submitted notice of such designation to the Senate and the House of
    Representatives, and then only if the Congress has not adopted a
    concurrent resolution stating that such House does not approve of such
    designa

    [[Page [1155]]]

    tion. If the committee to which a resolution has been referred during
    the said ninety day period has not reported it at the end of thirty
    calendar days after its referral, it shall be in order to either
    discharge the committee from further consideration of such resolution or
    to discharge the committee from consideration of any other resolution
    with respect to the designation. A motion to discharge may be made only
    by an individual favoring the resolution, shall be highly privileged
    (except that it may not be made after the committee has reported such a
    resolution), and debate thereon shall be limited to not more than one
    hour, to be divided equally between those favoring and those opposing
    the resolution. An amendment to the motion shall not be in order, and it
    shall not be in order to move to reconsider the vote by which the motion
    was agreed to or disagreed to. If the motion to discharge is agreed to
    or disagreed to, the motion may not be made with respect to any other
    resolution with respect to the same designation. When the committee has
    reported, or has been discharged from further consideration of a
    resolution, it shall at any time thereafter be in order (even though a
    previous motion to the same effect has been disagreed to) to move to
    proceed to the consideration of the resolution. The motion shall be
    highly privileged and shall not be debatable. An amendment to the motion
    shall not be in order, and it shall not be in order to move to
    reconsider the vote by which the motion was agreed to or disagreed to.
                                                              Sec. 1130(21C)

                                 c. withdrawals

                                [43 U.S.C. 1714]

      Sec. 204. * * * (c)(1) On and after the dates of approval of this Act
    a withdrawal aggregating five thousand acres or more may be made (or
    such a withdrawal or any other withdrawal involving the aggregate five
    thousand acres or more which terminates after such date of approval may
    be extended) only for a period of not more than twenty years by the
    Secretary on his own motion or upon request by a department or agency
    head. The Secretary shall notify both Houses of Congress of such a
    withdrawal no later than its effective date and the withdrawal shall
    terminate and become effective at the end of ninety days (not counting
    days on which the Senate or the House of Representatives has adjourned
    for more than three consecutive days) beginning on the day notice of
    such withdrawal has been submitted to the Senate and to the House of
    Representa

    [[Page [1156]]]

    tives, if the Congress has adopted a concurrent resolution stating that
    such House does not approve the withdrawal. If the committee to which a
    resolution has been referred during the said ninety day period has not
    reported it at the end of thirty calendar days after its referral, it
    shall be in order to either discharge the committee from further
    consideration of such resolution or to discharge the committee from
    consideration of any other resolution with respect to the Presidential
    recommendation. A motion to discharge may be made only by an individual
    favoring the resolution, shall be highly privileged (except that it may
    not be made after the committee has reported such a resolution), and
    debate thereon shall be limited to not more than one hour, to be divided
    equally between those favoring and those opposing the resolution. An
    amendment to the motion shall not be in order, and it shall not be in
    order to move to reconsider the vote by which the motion was agreed to
    or disagreed to. If the motion to discharge is agreed to or disagreed
    to, the motion may not be made with respect to any other resolution with
    respect to the same Presidential recommendation. When the committee has
    reported, or has been discharged from further consideration of a
    resolution, it shall at any time thereafter be in order (even though a
    previous motion to the same effect has been disagreed to) to move to
    proceed to the consideration of the resolution. The motion shall be
    highly privileged and shall not be debatable. An amendment to the motion
    shall not be in order, and it shall not be in order to move to
    reconsider the vote by which the motion was agreed to or disagreed to.
                                                              Sec. 1130(21D)

                            d. review of withdrawals

                                [43 U.S.C. 1714]

      Sec. 204. * * * (l)(1) The Secretary shall, within fifteen years of
    October 21, 1976, review withdrawals existing on the date of approval of
    this Act, in the States of Arizona, California, Colorado, Idaho,
    Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming of
    (1) all Federal lands other than withdrawals of the public lands
    administered by the Bureau of Land Management and of lands which, on the
    date of approval of this Act, were part of Indian reservations and other
    Indian holdings, the National Forest System, the National Park System,
    the National Wildlife Refuge System, other lands administered by the
    Fish and Wildlife Service or the Secretary through

    [[Page [1157]]]

    the Fish and Wildlife Service, the National Wild and Scenic Rivers
    System, and the National System of Trails; and (2) all public lands
    administered by the Bureau of Land Management and of lands in the
    National Forest System (except those in wilderness areas, and those
    areas formally identified as primitive or natural areas or designated as
    national recreation areas) which closed the lands to appropriation under
    the Mining Law of 1872 (17 Stat. 91, as amended; 30 U.S.C. 22) or to
    leasing under the Mineral Leasing Act of 1920 (41 Stat. 437, as amended;
    30 U.S.C. 181).
      (2) In the review required by paragraph (1) of this subsection, the
    Secretary shall determine whether, and for how long, the continuation of
    the existing withdrawal of the lands would be, in his judgment,
    consistent with the statutory objectives of the programs for which the
    lands were dedicated and of the other relevant programs. The Secretary
    shall report his recommendations to the President, together with
    statements of concurrence or nonconcurrence submitted by the heads of
    the departments or agencies which administer the lands. The President
    shall transmit this report to the President of the Senate and the
    Speaker of the House of Representatives, together with his
    recommendations for action by the Secretary, or for legislation. The
    Secretary may act to terminate withdrawals other than those made by Act
    of the Congress in accordance with the recommendations of the President
    unless before the end of ninety days (not counting days on which the
    Senate and the House of Representatives has adjourned for more than
    three consecutive days) beginning on the day the report of the President
    has been submitted to the Senate and the House of Representatives the
    Congress has adopted a concurrent resolution indicating otherwise. If
    the committee to which a resolution has been referred during the said
    ninety day period has not reported it at the end of thirty calendar days
    after its referral, it shall be in order to either discharge the
    committee from further consideration of such resolution or to discharge
    the committee from consideration of any other resolution with respect to
    the Presidential recommendation. A motion to discharge may be made only
    by an individual favoring the resolution, shall be highly privileged
    (except that it may not be made after the committee has reported such a
    resolution), and debate thereon shall be limited to not more than one
    hour, to be divided equally between those favoring and those opposing
    the resolution. An amendment to

    [[Page [1158]]]

    the motion shall not be in order, and it shall not be in order to move
    to reconsider the vote by which the motion was agreed to or disagreed
    to. If the motion to discharge is agreed to or disagreed to, the motion
    may not be made with respect to any other resolution with respect to the
    same Presidential recommendation. When the committee has reported, or
    has been discharged from further consideration of a resolution, it shall
    at any time thereafter be in order (even though a previous motion to the
    same effect has been disagreed to) to move to proceed to the
    consideration of the resolution. The motion shall be highly privileged
    and shall not be debatable. An amendment to the motion shall not be in
    order, and it shall not be in order to move to reconsider the vote by
    which the motion was agreed to or disagreed to.
                                                               Sec. 1130(22)

        22. Marine Fisheries Conservation Act, Sec. 203 [16 U.S.C. 1823]
    [DOCID:hd284-174]

      Sec. 203. congressional oversight of international fishery
    agreements.--(a) in general.--No governing international fishery
    agreement, bycatch reduction agreement, or Pacific Insular Area fishery
    agreement shall become effective with respect to the United States
    before the close of the first 120 days (excluding any days in a period
    for which the Congress is adjourned sine die) after the date on which
    the President transmits to the House of Representatives and to the
    Senate a document setting forth the text of such governing international
    fishery agreement, bycatch reduction agreement, or Pacific Insular Area
    fishery agreement. A copy of the document shall be delivered to each
    House of Congress on the same day and shall be delivered to the Clerk of
    the House of Representatives, if the House is not in session, and to the
    Secretary of the Senate, if the Senate is not in session.
      (b) referral to committees.--Any document described in subsection (a)
    shall be immediately referred in the House of Representatives to the
    Committee on Resources, and in the Senate to the Committees on Commerce
    and Foreign Relations.
      (c) congressional procedures.--(1) rules of the house of
    representatives and senate.--The provisions of this section are enacted
    by the Congress--
              (A) as an exercise of the rulemaking power of the House of
            Representatives and the Senate, respectively, and they are
            deemed a part of the rules of each

    [[Page [1159]]]

            House, respectively, but applicable only with respect to the
            procedure to be followed in that House in the case of fishery
            agreement resolutions described in paragraph (2), and they
            supersede other rules only to the extent that they are
            inconsistent therewith; and
              (B) with full recognition of the constitutional right of
            either House to change the rules (so far as they relate to the
            procedure of that House) at any time, and in the same manner and
            to the same extent as in the case of any other rule of that
            House.
      (2) definition.--For purposes of this subsection, the term ``fishery
    agreement resolution'' refers to a joint resolution of either House of
    Congress--
              (A) the effect of which is to prohibit the entering into force
            and effect of any governing international fishery agreement,
            bycatch reduction agreement, or Pacific Insular Area fishery
            agreement the text of which is transmitted to the Congress
            pursuant to subsection (a); and
              (B) which is reported from the Committee on Resources of the
            House of Representatives or the Committee on Commerce or the
            Committee on Foreign Relations of the Senate, not later than 45
            days after the date on which the document described in
            subsection (a) relating to that agreement is transmitted to the
            Congress.
      (3) placement on calendar.--Any fishery agreement resolution upon
    being reported shall immediately be placed on the appropriate calendar.
      (4) floor consideration in the house.--
              (A) A motion in the House of Representatives to proceed to the
            consideration of any fishery agreement resolution shall be
            highly privileged and not debatable. An amendment to the motion
            shall not be in order, nor shall it be in order to move to
            reconsider the vote by which the motion is agreed to or
            disagreed to.
              (B) Debate in the House of Representatives on any fishery
            agreement resolution shall be limited to not more than 10 hours,
            which shall be divided equally between those favoring and those
            opposing the resolution. A motion further to limit debate shall
            not be debatable. It shall not be in order to move to recommit
            any fishery agreement resolution or to move to reconsider the
            vote by which any fishery agreement resolution is agreed to or
            disagreed to.

    [[Page [1160]]]

              (C) Motions to postpone, made in the House of Representatives
            with respect to the consideration of any fishery agreement
            resolution, and motions to proceed to the consideration of other
            business, shall be decided without debate.
              (D) All appeals from the decisions of the Chair relating to
            the application of the Rules of the House of Representatives to
            the procedure relating to any fishery agreement resolution shall
            be decided without debate.
              (E) Except to the extent specifically provided in the
            preceding provisions of this subsection, consideration of any
            fishery agreement resolution shall be governed by the Rules of
            the House of Representatives applicable to other bills and
            resolutions in similar circumstances.
                                                               Sec. 1130(23)

         23. Outer Continental Shelf Lands Act, Sec. 8 [43 U.S.C. 1337]
    [DOCID:hd284-175]

      Sec. 8. (a)(1) The Secretary is authorized to grant to the highest
    responsible qualified bidder or bidders by competitive bidding, under
    regulations promulgated in advance, any oil and gas lease on submerged
    lands of the Outer Continental Shelf which are not covered by leases
    meeting the requirements of subsection (a) of section 6 of this Act [43
    U.S.C. 1335(a)]. * * *

                                      * * *

      (4)(A) The Secretary of Energy shall submit any bidding system
    authorized in subparagraph (H) of paragraph (1) to the Senate and House
    of Representatives. The Secretary may institute such bidding system
    unless either the Senate or the House of Representatives passes a
    resolution of disapproval within thirty days after receipt of the
    bidding system.
      (B) Subparagraphs (C) through (J) of this paragraph are enacted by
    Congress--
              (i) as an exercise of the rulemaking power of the Senate and
            the House of Representatives, respectively, and as such they are
            deemed a part of the rules of each House, respectively, but they
            are applicable only with respect to the procedures to be
            followed in that House in the case of resolutions described by
            this paragraph, and they supersede other

    [[Page [1161]]]

            rules only to the extent that they are inconsistent therewith;
            and
              (ii) with full recognition of the constitutional right of
            either House to change the rules (so far as relating to the
            procedure of that House) at any time, in the same manner, and to
            the same extent as in the case of any other rule of that House.
      (C) A resolution disapproving a bidding system submitted pursuant to
    this paragraph shall immediately be referred to a committee (and all
    resolutions with respect to the same request shall be referred to the
    same committee) by the President of the Senate or the Speaker of the
    House of Representatives, as the case may be.
      (D) If the committee to which has been referred any resolution
    disapproving the bidding system of the Secretary has not reported the
    resolution at the end of ten calendar days after its referral, it shall
    be in order to move either to discharge the committee from further
    consideration of the resolution or to discharge the committee from
    further consideration of any other resolution with respect to the same
    bidding system which has been referred to the committee.
      (E) A motion to discharge may be made only by an individual favoring
    the resolution, shall be highly privileged (except that it may not be
    made after the committee has reported a resolution with respect to the
    same recommendation), and debate thereon shall be limited to not more
    than one hour, to be divided equally between those favoring and those
    opposing the resolution. An amendment to the motion shall not be in
    order, and it shall not be in order to move to reconsider the vote by
    which the motion is agreed to or disagreed to.
      (F) If the motion to discharge is agreed to or disagreed to, the
    motion may not be renewed, nor may another motion to discharge the
    committee be made with respect to any other resolution with respect to
    the same bidding system.
      (G) When the committee has reported, or has been discharged from
    further consideration of, a resolution as provided in this paragraph, it
    shall be at any time thereafter in order (even though a previous motion
    to the same effect has been disagreed to) to move to proceed to the
    consideration of the resolution. The motion shall be highly privileged
    and shall not be debatable. An amendment to the motion shall not be in
    order, and it shall not be in order

    [[Page [1162]]]

    to move to reconsider the vote by which the motion is agreed to or
    disagreed to.
      (H) Debate on the resolution is limited to not more than two hours, to
    be divided equally between those favoring and those opposing the
    resolution. A motion further to limit debate is not debatable. An
    amendment to, or motion to recommit, the resolution is not in order, and
    it is not in order to move to reconsider the vote by which the
    resolution is agreed to or disagreed to.
      (I) Motions to postpone, made with respect to the discharge from the
    committee, or the consideration of a resolution with respect to a
    bidding system, and motions to proceed to the consideration of other
    business, shall be decided without debate.
      (J) Appeals from the decisions of the Chair relating to the
    application of the rules of the Senate or the House of Representatives,
    as the case may be, to the procedure relating to a resolution with
    respect to a bidding system shall be decided without debate.
                                                              Sec. 1130(24A)

             24. Nuclear Waste Policy Act of 1982 [42 U.S.C. 10101]
    [DOCID:hd284-176]

     a. high-level radioactive waste and spent nuclear fuel, Sec. Sec. 111-
                           125 [42 u.s.c. 10131-10145]

                  review of repository site selection, Sec. 115

                                [42 U.S.C. 10135]

      Sec. 115. (a) definition.--For purposes of this section, the term
    ``resolution of repository siting approval'' means a joint resolution of
    the Congress, the matter after the resolving clause of which is as
    follows: ``That there hereby is approved the site at ------ for a
    repository, with respect to which a notice of disapproval was submitted
    by ------ on ------''. The first blank space in such resolution shall be
    filled with the name of the geographic location of the proposed site of
    the repository to which such resolution pertains; the second blank space
    in such resolution shall be filled with the designation of the State
    Governor and legislature or Indian tribe governing body submitting the
    notice of disapproval to which such resolution pertains; and the last
    blank space in such resolution shall be filled with the date of such
    submission.

    [[Page [1163]]]

      (b) state or indian tribe petitions.--The designation of a site as
    suitable for application for a construction authorization for a
    repository shall be effective at the end of the 60-day period beginning
    on the date that the President recommends such site to the Congress
    under section 114, unless the Governor and the legislature of the State
    in which such site is located, or the governing body of an Indian tribe
    on whose reservation such site is located, as the case may be, has
    submitted to the Congress a notice of disapproval under section 116 or
    118. If any such notice of disapproval has been submitted, the
    designation of such site shall not be effective except as provided under
    subsection (c).
      (c) congressional review of petitions.--If any notice of disapproval
    of a repository site designation has been submitted to the Congress
    under section 116 or 118 after a recommendation for approval of such
    site is made by the President under section 114, such site shall be
    disapproved unless, during the first period of 90 calendar days of
    continuous session of the Congress after the date of the receipt by the
    Congress of such notice of disapproval, the Congress passes a resolution
    of repository siting approval in accordance with this subsection
    approving such site, and such resolution thereafter becomes law.
      (d) procedures applicable to the senate.--[see 42 U.S.C. 10135(d)]

                                      * * *

      (e) procedures applicable to the house of representatives.--(1) The
    provisions of this section are enacted by the Congress--
              (A) as an exercise of the rulemaking power of the House of
            Representatives, and as such they are deemed a part of the rules
            of the House, but applicable only with respect to the procedure
            to be followed in the House in the case of resolutions of
            repository siting approval, and such provisions supersede other
            rules of the House only to the extent that they are inconsistent
            with such other rules; and
              (B) with full recognition of the constitutional right of the
            House to change the rules (so far as relating to the procedure
            of the House) at any time, in the same manner and to the same
            extent as in the case of any other rule of the House.
      (2) Resolutions of repository siting approval shall, upon
    introduction, be immediately referred by the Speaker of

    [[Page [1164]]]

    the House to the appropriate committee or committees of the House. Any
    such resolution received from the Senate shall be held at the Speaker's
    table.
      (3) Upon the expiration of 60 days of continuous session after the
    introduction of the first resolution of repository siting approval with
    respect to any site, each committee to which such resolution was
    referred shall be discharged from further consideration of such
    resolution, and such resolution shall be referred to the appropriate
    calendar, unless such resolution or an identical resolution was
    previously reported by each committee to which it was referred.
      (4) It shall be in order for the Speaker to recognize a Member
    favoring a resolution to call up a resolution of repository siting
    approval after it has been on the appropriate calendar for 5 legislative
    days. When any such resolution is called up, the House shall proceed to
    its immediate consideration and the Speaker shall recognize the Member
    calling up such resolution and a Member opposed to such resolution for 2
    hours of debate in the House, to be equally divided and controlled by
    such Members. When such time has expired, the previous question shall be
    considered as ordered on the resolution to adoption without intervening
    motion. No amendment to any such resolution shall be in order, nor shall
    it be in order to move to reconsider the vote by which such resolution
    is agreed to or disagreed to.
      (5) If the House receives from the Senate a resolution of repository
    siting approval with respect to any site, then the following procedures
    shall apply:
              (A) The resolution of the Senate with respect to such site
            shall not be referred to a committee.
              (B) With respect to the resolution of the House with respect
            to such site--
                      (i) the procedure with respect to that or other
                    resolutions of the House with respect to such site shall
                    be the same as if no resolution from the Senate with
                    respect to such site had been received; but
                      (ii) on any vote on final passage of a resolution of
                    the House with respect to such site, a resolution from
                    the Senate with respect to such site where the text is
                    identical shall be automatically substituted for the
                    resolution of the House.
      (f) computation of days.--For purposes of this section--

    [[Page [1165]]]

              (1) continuity of session of Congress is broken only by an
            adjournment sine die; and
              (2) the days on which either House is not in session because
            of an adjournment of more than 3 days to a day certain are
            excluded in the computation of the 90-day period referred to in
            subsection (c) and the 60-day period referred to in subsections
            (d) and (e).

                                      * * *

      The first time the House considered a measure under these procedures
    was to address the proposed Yucca Mountain Repository Site (H. J. Res.
    87, May 8, 2002, p. ----). A privileged joint resolution of approval
    called up under these procedures is subject to a point of order under
    section 425 of the Congressional Budget Act of 1974 (relating to
    unfunded mandates) (May 8, 2002, p. ----).
                                                              Sec. 1130(24B)

        b. interim storage program, Sec. Sec. 131-37 [42 u.s.c. 10151-57]

            review of storage sites and state participation, Sec. 135

                                [42 U.S.C. 10155]

      Sec. 135. * * * (d) * * * (6)(A) Upon deciding to provide an aggregate
    of 300 or more metric tons of storage capacity under subsection (a)(1)
    at any one site, the Secretary shall notify the Governor and legislature
    of the State where such site is located, or the governing body of the
    Indian tribe in whose reservation such site is located, as the case may
    be, of such decision. During the 60-day period following receipt of
    notification by the Secretary of his decision to provide an aggregate of
    300 or more metric tons of storage capacity at any one site, the
    Governor or legislature of the State in which such site is located, or
    the governing body of the affected Indian tribe where such site is
    located, as the case may be, may disapprove the provision of 300 or more
    metric tons of storage capacity at the site involved and submit to the
    Congress a notice of such disapproval. A notice of disapproval shall be
    considered to be submitted to the Congress on the date of the
    transmittal of such notice of disapproval to the Speaker of the House
    and the President pro tempore of the Senate. Such notice of disapproval
    shall be accompanied by a statement of reasons explaining why the
    provision of such storage capacity at such site was disapproved by such
    Governor or legislature or the governing body of such Indian tribe.

    [[Page [1166]]]

      (B) Unless otherwise provided by State law, the Governor or
    legislature of each State shall have authority to submit a notice of
    disapproval to the Congress under subparagraph (A). In any case in which
    State law provides for submission of any such notice of disapproval by
    any other person or entity, any reference in this subtitle to the
    Governor or legislature of such State shall be considered to refer
    instead to such other person or entity.
      (C) The authority of the Governor and legislature of each State under
    this paragraph shall not be applicable with respect to any site located
    on a reservation.
      (D) If any notice of disapproval is submitted to the Congress under
    subparagraph (A), the proposed provision of 300 or more metric tons of
    storage capacity at the site involved shall be disapproved unless,
    during the first period of 90 calendar days of continuous session of the
    Congress following the date of the receipt by the Congress of such
    notice of disapproval, the Congress passes a resolution approving such
    proposed provision of storage capacity in accordance with the procedures
    established in this paragraph and subsections (d) through (f) of section
    115 and such resolution thereafter becomes law. For purposes of this
    paragraph, the term ``resolution'' means a joint resolution of either
    House of the Congress, the matter after the resolving clause of which is
    as follows: ``That there hereby is approved the provision of 300 or more
    metric tons of spent nuclear fuel storage capacity at the site located
    at ------, with respect to which a notice of disapproval was submitted
    by ------ on ------.''. The first blank space in such resolution shall
    be filled with the geographic location of the site involved; the second
    blank space in such resolution shall be filled with the designation of
    the State Governor and legislature or affected Indian tribe governing
    body submitting the notice of disapproval involved; and the last blank
    space in such resolution shall be filled with the date of submission of
    such notice of disapproval.
      (E) For purposes of the consideration of any resolution described in
    subparagraph (D), each reference in subsections (d) and (e) of section
    115 to a resolution of repository siting approval shall be considered to
    refer to the resolution described in such subparagraph.

                                      * * *

    [[Page [1167]]]

                                                              Sec. 1130(24C)

               c. monitored retrievable storage, Sec. Sec. 141-49

                         secretarial proposal, Sec. 141

                                [42 U.S.C. 10161]

      Sec. 141. * * * (b) submission of proposal by secretary.--(1) On or
    before June 1, 1985, the Secretary shall complete a detailed study of
    the need for and feasibility of, and shall submit to the Congress a
    proposal for, the construction of one or more monitored retrievable
    storage facilities for high-level radioactive waste and spent nuclear
    fuel. Each such facility shall be designed--
              (A) to accommodate spent nuclear fuel and high-level
            radioactive waste resulting from civilian nuclear activities;
              (B) to permit continuous monitoring, management, and
            maintenance of such spent fuel and waste for the foreseeable
            future;
              (C) to provide for the ready retrieval of such spent fuel and
            waste for further processing or disposal; and
              (D) to safely store such spent fuel and waste as long as may
            be necessary by maintaining such facility through appropriate
            means, including any required replacement of such facility. * *
            *

                                      * * *

      (h) participation of states and indian tribes.--Any facility
    authorized pursuant to this section shall be subject to the provisions
    of sections 115, 116(a), 116(b), 116(d), 117, and 118. For purposes of
    carrying out the provisions of this subsection, any reference in
    sections 115 through 118 to a repository shall be considered to refer to
    a monitored retrievable storage facility.

                            site selection, Sec. 145

                                [42 U.S.C. 10165]

      Sec. 145. (a) in general.--The Secretary may select the site evaluated
    under section 144 that the Secretary determines on the basis of
    available information to be the most suitable for a monitored
    retrievable storage facility that is an integral part of the system for
    the disposal of spent nuclear fuel and high-level radioactive waste
    established under this Act.

    [[Page [1168]]]

                                      * * *

                         notice of disapproval, Sec. 146

                                [42 U.S.C. 10166]

      Sec. 146. (a) in general.--The selection of a site under section 145
    shall be effective at the end of the period of 60 calendar days
    beginning on the date of notification under such subsection, unless the
    governing body of the Indian tribe on whose reservation such site is
    located, or, if the site is not on a reservation, the Governor and the
    legislature of the State in which the site is located, has submitted to
    Congress a notice of disapproval with respect to such site. If any such
    notice of disapproval has been submitted under this subsection, the
    selection of the site under section 145 shall not be effective except as
    provided under section 115(c).
      (b) references.--For purposes of carrying out the provisions of this
    subsection, references in section 115(c) to a repository shall be
    considered to refer to a monitored retrievable storage facility and
    references to a notice of disapproval of a repository site designation
    under section 116(b) or 118(a) shall be considered to refer to a notice
    of disapproval under this section.
                                                              Sec. 1130(25A)

    [DOCID:hd284-177]
                    25. Defense Base Closure and Realignment

      a. defense base closure and realignment act of 1990, Sec. Sec. 2903,
                      2904, and 2908 [10 u.s.c. 2687 note]

          recommendations for base closures and realignments, Sec. 2903

      Sec. 2903. * * * (c) dod recommendations.--(1) The Secretary may, by
    no later than April 15, 1991, April 15, 1993, and April 15, 1995,
    publish in the Federal Register and transmit to the congressional
    defense committees and to the Commission a list of the military
    installations inside the United States that the Secretary recommends for
    closure or realignment * * *

      (d) review and recommendations by the commission.-- * * * (2)(A) The
    Commission shall, by no later than July 1 of each year in which the
    Secretary transmits recommendations to it pursuant to subsection (c),
    transmit to the President a report containing the Commission's

    [[Page [1169]]]

    findings and conclusions based on a review and analysis of the
    recommendations made by the Secretary, together with the Commission's
    recommendations for closures and realignments of military installations
    inside the United States.

                                       * * *

      (e) review by the president.--(1) The President shall, by no later
    than July 15 of each year in which the Commission makes recommendations
    under subsection (d), transmit to the Commission and to the Congress a
    report containing the President's approval or disapproval of the
    Commission's recommendations.
      (2) If the President approves all the recommendations of the
    Commission, the President shall transmit a copy of such recommendations
    to the Congress, together with a certification of such approval.
      (3) If the President disapproves the recommendations of the
    Commission, in whole or in part, the President shall transmit to the
    Commission and the Congress the reasons for that disapproval. The
    Commission shall then transmit to the President, by no later than August
    15 of the year concerned, a revised list of recommendations for the
    closure and realignment of military installations.
      (4) If the President approves all of the revised recommendations of
    the Commission transmitted to the President under paragraph (3), the
    President shall transmit a copy of such revised recommendations to the
    Congress, together with a certification of such approval.
      (5) If the President does not transmit to the Congress an approval and
    certification described in paragraph (2) or (4) by September 1 of any
    year in which the Commission has transmitted recommendations to the
    President under this part, the process by which military installations
    may be selected for closure or realignment under this part with respect
    to that year shall be terminated.

          closure and realignment of military installations, Sec. 2904

      Sec. 2904. (a) in general.--Subject to subsection (b), the Secretary
    shall--
              (1) close all military installations recommended for closure
            by the Commission in each report transmitted to the Congress by
            the President pursuant to section 2903(e);

    [[Page [1170]]]

              (2) realign all military installations recommended for
            realignment by such Commission in each such report;
              (3) carry out the privatization in place of a military
            installation recommended for closure or realignment by the
            Commission in the 2005 report only if privatization in place is
            a method of closure or realignment of the military installation
            specified in the recommendations of the Commission in such
            report and is determined by the Commission to be the most cost-
            effective method of implementation of the recommendation;
              (4) initiate all such closures and realignments no later than
            two years after the date on which the President transmits a
            report to the Congress pursuant to section 2903(e) containing
            the recommendations for such closures or realignments; and
              (5) complete all such closures and realignments no later than
            the end of the six-year period beginning on the date on which
            the President transmits the report pursuant to section 2903(e)
            containing the recommendations for such closures or
            realignments.
      (b) congressional disapproval.--(1) The Secretary may not carry out
    any closure or realignment recommended by the Commission in a report
    transmitted from the President pursuant to section 2903(e) if a joint
    resolution is enacted, in accordance with the provisions of section
    2908, disapproving such recommendations of the Commission before the
    earlier of--
              (A) the end of the 45-day period beginning on the date on
            which the President transmits such report; or
              (B) the adjournment of Congress sine die for the session
            during which such report is transmitted.
      (2) For purposes of paragraph (1) of this subsection and subsections
    (a) and (c) of section 2908, the days on which either House of Congress
    is not in session because of an adjournment of more than three days to a
    day certain shall be excluded in the computation of a period.

                                      * * *

           congressional consideration of commission report, Sec. 2908

      Sec. 2908. (a) terms of the resolution.--For purposes of section
    2904(b), the term ``joint resolution'' means only

    [[Page [1171]]]

    a joint resolution which is introduced within the 10-day period
    beginning on the date on which the President transmits the report to the
    Congress under section 2903(e), and--
              (1) which does not have a preamble;
              (2) the matter after the resolving clause of which is as
            follows: ``That Congress disapproves the recommendations of the
            Defense Base Closure and Realignment Commission as submitted by
            the President on ------'', the blank space being filled in with
            the appropriate date; and
              (3) the title of which is as follows: ``Joint resolution
            disapproving the recommendations of the Defense Base Closure and
            Realignment Commission.''.
      (b) referral.--A resolution described in subsection (a) that is
    introduced in the House of Representatives shall be referred to the
    Committee on Armed Services of the House of Representatives. A
    resolution described in subsection (a) introduced in the Senate shall be
    referred to the Committee on Armed Services of the Senate.
      (c) discharge.--If the committee to which a resolution described in
    subsection (a) is referred has not reported such resolution (or an
    identical resolution) by the end of the 20-day period beginning on the
    date on which the President transmits the report to the Congress under
    section 2903(e), such committee shall be, at the end of such period,
    discharged from further consideration of such resolution, and such
    resolution shall be placed on the appropriate calendar of the House
    involved.
      (d) consideration.--(1) On or after the third day after the date on
    which the committee to which such a resolution is referred has reported,
    or has been discharged (under subsection (c)) from further consideration
    of, such a resolution, it is in order (even though a previous motion to
    the same effect has been disagreed to) for any Member of the respective
    House to move to proceed to the consideration of the resolution. A
    Member may make the motion only on the day after the calendar day on
    which the Member announces to the House concerned the Member's intention
    to make the motion, except that, in the case of the House of
    Representatives, the motion may be made without such prior announcement
    if the motion is made by direction of the committee to which the
    resolution was referred. All points of order against the resolution (and
    against consideration of the resolution) are waived. The motion is
    highly privileged in the House of Representa

    [[Page [1172]]]

    tives and is privileged in the Senate and is not debatable. The motion
    is not subject to amendment, or to a motion to postpone, or to a motion
    to proceed to the consideration of other business. A motion to
    reconsider the vote by which the motion is agreed to or disagreed to
    shall not be in order. If a motion to proceed to the consideration of
    the resolution is agreed to, the respective House shall immediately
    proceed to consideration of the joint resolution without intervening
    motion, order, or other business, and the resolution shall remain the
    unfinished business of the respective House until disposed of.
      (2) Debate on the resolution, and on all debatable motions and appeals
    in connection therewith, shall be limited to not more than 2 hours,
    which shall be divided equally between those favoring and those opposing
    the resolution. An amendment to the resolution is not in order. A motion
    further to limit debate is in order and not debatable. A motion to
    postpone, or a motion to proceed to the consideration of other business,
    or a motion to recommit the resolution is not in order. A motion to
    reconsider the vote by which the resolution is agreed to or disagreed to
    is not in order.
      (3) Immediately following the conclusion of the debate on a resolution
    described in subsection (a) and a single quorum call at the conclusion
    of the debate if requested in accordance with the rules of the
    appropriate House, the vote on final passage of the resolution shall
    occur.
      (4) Appeals from the decisions of the Chair relating to the
    application of the rules of the Senate or the House of Representatives,
    as the case may be, to the procedure relating to a resolution described
    in subsection (a) shall be decided without debate.
      (e) consideration by other house.--(1) If, before the passage by one
    House of a resolution of that House described in subsection (a), that
    House receives from the other House a resolution described in subsection
    (a), then the following procedures shall apply:
              (A) The resolution of the other House shall not be referred to
            a committee and may not be considered in the House receiving it
            except in the case of final passage as provided in subparagraph
            (B)(ii).
              (B) With respect to a resolution described in subsection (a)
            of the House receiving the resolution--
                      (i) the procedure in that House shall be the same as
                    if no resolution had been received from the other House;
                    but

    [[Page [1173]]]

                      (ii) the vote on final passage shall be on the
                    resolution of the other House.
      (2) Upon disposition of the resolution received from the other House,
    it shall no longer be in order to consider the resolution that
    originated in the receiving House.
      (f) rules of the senate and house.--This section is enacted by
    Congress--
              (1) as an exercise of the rulemaking power of the Senate and
            House of Representatives, respectively, and as such it is deemed
            a part of the rules of each House, respectively, but applicable
            only with respect to the procedure to be followed in that House
            in the case of a resolution described in subsection (a), and it
            supersedes other rules only to the extent that it is
            inconsistent with such rules; and
              (2) with full recognition of the constitutional right of
            either House to change the rules (so far as relating to the
            procedure of that House) at any time, in the same manner, and to
            the same extent as in the case of any other rule of that House.

                                      * * *

       2005 round of realignments and closures of military installations,
                                    Sec. 2912

                                      * * *

    Sec. 2912. * * *
      (d) authorization of additional round; commission.--
              (1) Appointment of commission.--Subject to the certifications
            required under subsection (b), the President may commence an
            additional round for the selection of military installations for
            closure and realignment under this part in 2005 by transmitting
            to the Senate, not later than March 15, 2005, nominations
            pursuant to section 2902(c) for the appointment of new members
            to the Defense Base Closure and Realignment Commission.
              (2) Effect of failure to nominate.--If the President does not
            transmit to the Senate the nominations for the Commission by
            March 15, 2005, the process by which military installations may
            be selected for closure or realignment under this part in 2005
            shall be terminated.

    [[Page [1174]]]

              (3) Members.--Notwithstanding section 2902(c)(1), the
            Commission appointed under the authority of this subsection
            shall consist of nine members.
              (4) Terms; meetings; termination.--Notwithstanding subsections
            (d), (e)(1), and (l) of section 2902, the Commission appointed
            under the authority of this subsection shall meet during
            calendar year 2005 and shall terminate on April 15, 2006.
              (5) Funding.--If no funds are appropriated to the Commission
            by the end of the second session of the 108th Congress for the
            activities of the Commission in 2005, the Secretary may transfer
            to the Commission for purposes of its activities under this part
            in that year such funds as the Commission may require to carry
            out such activities. The Secretary may transfer funds under the
            preceding sentence from any funds available to the Secretary.
            Funds so transferred shall remain available to the Commission
            for such purposes until expended.

                                      * * *

             commission consideration of recommendations, Sec. 2914

    Sec. 2914. * * *
      (d) Commission Review and Recommendations.--
              (1) In general.--Except as provided in this subsection,
            section 2903(d) shall apply to the consideration by the
            Commission of the recommendations transmitted by the Secretary
            in 2005. The Commission's report containing its findings and
            conclusions, based on a review and analysis of the Secretary's
            recommendations shall be transmitted to the President not later
            than September 8, 2005.

                                      * * *

      (e) Review by the President.--
              (1) In general.--Except as provided in this subsection,
            section 2903(e) shall apply to the review by the President of
            the recommendations of the Commission under this section, and
            the actions, if any, of the Commission in response to such
            review, in 2005. The President shall review the recommendations
            of the Secretary and the recommendations contained in the report
            of the Commission under subsection (d) and prepare a report, not
            later than September 23, 2005,

    [[Page [1175]]]

            containing the President's approval or diapproval of the
            Commission's recommendations.
              (2) Commission reconsideration.--If the Commission prepares a
            revised list of recommendations under section 2903(e)(3) in 2005
            in response to the review of the President in that year under
            paragraph (1), the Commission shall transmit the revised list to
            the President not later than October 20, 2005.
              (3) Effect of failure to transmit.--If the President does not
            transmit to Congress an approval and certification described in
            paragraph (2) or (4) of section 2903(e) by November 7, 2005, the
            process by which military installations may be selected for
            closure or relignment under this part in 2005 shall be
            terminated.
              (4) Effect of transmittal.--A report of the President under
            this subsection containing the President's approval of the
            Commission's recommendations is deemed to be a report under
            section 2903(e) for purposes of sections 2904 and 2908.
                                                              Sec. 1130(25B)

        b. emergency supplemental appropriations and rescissions for the
    department of defense to preserve and enhance military readiness act of
                1994, Sec. 112 [p.l. 104-6; 10 u.s.c. 2687 note]

                  department of defense--military construction

      Sec. 112. None of the funds made available to the Department of
    Defense for any fiscal year for military construction or family housing
    may be obligated to initiate construction projects upon enactment of
    this Act for any project on an installation that--
              (1) was included in the closure and realignment
            recommendations submitted by the Secretary of Defense to the
            Base Closure and Realignment Commission on February 28, 1995,
            unless removed by the Base Closure and Realignment Commission,
            or
              (2) is included in the closure and realignment recommendation
            as submitted to Congress in 1995 in accordance with the Defense
            Base Closure and Realignment Act of 1990, as amended (Public Law
            101-510):
    Provided, That the prohibition on obligation of funds for projects
    located on an installation cited for realignment are only to be in
    effect if the function or activity with which the project is associated
    will be transferred from

    [[Page [1176]]]

    the installation as a result of the realignment: Provided further, That
    this provision will remain in effect unless the Congress enacts a Joint
    Resolution of Disapproval in accordance with the Defense Base Closure
    and Realignment Act of 1990, as amended (Public Law 101-510).
                                                               Sec. 1130(26)

           26. Uruguay Round Agreements Act, Sec. 125 [19 U.S.C. 3535]
    [DOCID:hd284-178]

      Sec. 125. review of participation in the wto.--
      (a) report on the operation of the wto.--The first annual report
    submitted to the Congress under section 124--
              (1) after the end of the 5-year period beginning on the date
            on which the WTO Agreement enters into force with respect to the
            United States, and
              (2) after the end of every 5-year period thereafter, shall
            include an analysis of the effects of the WTO Agreement on the
            interests of the United States, the costs and benefits to the
            United States of its participation in the WTO, and the value of
            the continued participation of the United States in the WTO.
      (b) congressional disapproval of u.s. participation in the wto.--
              (1) general rule.--The approval of the Congress, provided
            under section 101(a), of the WTO Agreement shall cease to be
            effective if, and only if, a joint resolution described in
            subsection (c) is enacted into law pursuant to the provisions of
            paragraph (2).
              (2) procedural provisions.--(A) The requirements of this
            paragraph are met if the joint resolution is enacted under
            subsection (c), and--
                      (i) the Congress adopts and transmits the joint
                    resolution to the President before the end of the 90-day
                    period (excluding any day described in section 154(b) of
                    the Trade Act of 1974), beginning on the date on which
                    the Congress receives a report referred to in subsection
                    (a), and
                      (ii) if the President vetoes the joint resolution,
                    each House of Congress votes to override that veto on or
                    before the later of the last day of the 90-day period
                    referred to in clause (i) or the last day of the 15-day
                    period (excluding any day described in section 154(b) of
                    the Trade Act of 1974) beginning on the date on which
                    the Congress receives the veto message from the
                    President.

    [[Page [1177]]]

              (B) A joint resolution to which this section applies may be
            introduced at any time on or after the date on which the
            President transmits to the Congress a report described in
            subsection (a), and before the end of the 90-day period referred
            to in subparagraph (A).
      (c) joint resolutions.--
              (1) joint resolutions.--For purposes of this section, the term
            ``joint resolution'' means only a joint resolution of the 2
            Houses of Congress, the matter after the resolving clause of
            which is as follows: ``That the Congress withdraws its approval,
            provided under section 101(a) of the Uruguay Round Agreements
            Act, of the WTO Agreement as defined in section 2(9) of that
            Act.''.
              (2) procedures.--(A) Joint resolutions may be introduced in
            either House of the Congress by any member of such House.
              (B) Subject to the provisions of this subsection, the
            provisions of subsections (b), (d), (e), and (f) of section 152
            of the Trade Act of 1974 (19 U.S.C. 2192(b), (d), (e), and (f))
            apply to joint resolutions to the same extent as such provisions
            apply to resolutions under such section.
              (C) If the committee of either House to which a joint
            resolution has been referred has not reported it by the close of
            the 45th day after its introduction (excluding any day described
            in section 154(b) of the Trade Act of 1974), such committee
            shall be automatically discharged from further consideration of
            the joint resolution and it shall be placed on the appropriate
            calendar.
              (D) It is not in order for--
                      (i) the Senate to consider any joint resolution unless
                    it has been reported by the Committee on Finance or the
                    committee has been discharged under subparagraph (C); or
                      (ii) the House of Representatives to consider any
                    joint resolution unless it has been reported by the
                    Committee on Ways and Means or the committee has been
                    discharged under subparagraph (C).
              (E) A motion in the House of Representatives to proceed to the
            consideration of a joint resolution may only be made on the
            second legislative day after the calendar day on which the
            Member making the mo

    [[Page [1178]]]

            tion announces to the House his or her intention to do so.
              (3) consideration of second resolution not in order.--It shall
            not be in order in either the House of Representatives or the
            Senate to consider a joint resolution (other than a joint
            resolution received from the other House), if that House has
            previously adopted a joint resolution under this section.
      (d) rules of house of representatives and senate.--This section is
    enacted by the Congress--
              (1) as an exercise of the rulemaking power of the House of
            Representatives and the Senate, respectively, and as such is
            deemed a part of the rules of each House, respectively, and such
            procedures supersede other rules only to the extent that they
            are inconsistent with such other rules; and
              (2) with the full recognition of the constitutional right of
            either House to change the rules (so far as relating to the
            procedures of that House) at any time, in the same manner, and
            to the same extent as any other rule of that House.
      In the 106th Congress a joint resolution withdrawing the approval of
    the United States from the Agreement establishing the World Trade
    Organization was considered under a special rule and failed of passage
    (H.J.Res. 90, June 21, 2000, p. ----).
                                                               Sec. 1130(27)

     27. Congressional Accountability Act of 1995, Sec. 304 [2 U.S.C. 1384]
    [DOCID:hd284-179]

      Sec. 304. substantive regulations.
      (a) regulations.--

              (1) in general.--The procedures applicable to the regulations
            of the Board issued for the implementation of this Act, which
            shall include regulations the Board is required to issue under
            title II (including regulations on the appropriate application
            of exemptions under the laws made applicable in title II) are
            prescribed in this section.
              (2) rulemaking procedure.--Such regulations of the Board--
                      (A) shall be adopted, approved, and issued in
                    accordance with subsection (b); and
                      (B) shall consist of 3 separate bodies of regulations,
                    which shall apply, respectively, to--

      (i) the Senate and Employees of the Senate;

    [[Page [1179]]]

      (ii) the House of Representatives and employees of the House of
    Representatives; and

      (iii) all other covered employees and employing offices.

      (b) adoption by the board.--The Board shall adopt the regulations
    referred to in subsection (a)(1) in accordance with the principles and
    procedures set forth in section 553 of title 5, United States Code, and
    as provided in the following provisions of this subsection:
              (1) proposal.--The Board shall publish a general notice of
            proposed rulemaking under section 553(b) of title 5, United
            States Code, but, instead of publication of a general notice of
            proposed rulemaking in the Federal Register, the Board shall
            transmit such notice to the Speaker of the House of
            Representatives and the President pro tempore of the Senate for
            publication in the Congressional Record on the first day on
            which both Houses are in session following such transmittal.
            Such notice shall set forth the recommendations of the Deputy
            Director for the Senate in regard to regulations under
            subsection (a)(2)(B)(i), the recommendations of the Deputy
            Director for the House of Representatives in regard to
            regulations under subsection (a)(2)(B)(ii), and the
            recommendations of the Executive Director for regulations under
            subsection (a)(2)(B)(iii).
              (2) comment.--Before adopting regulations, the Board shall
            provide a comment period of at least 30 days after publication
            of a general notice of proposed rulemaking.
              (3) adoption.--After considering comments, the Board shall
            adopt regulations and shall transmit notice of such action
            together with a copy of such regulations to the Speaker of the
            House of Representatives and the President pro tempore of the
            Senate for publication in the Congressional Record on the first
            day on which both Houses are in session following such
            transmittal.
              (4) recommendation as to method of approval.--The Board shall
            include a recommendation in the general notice of proposed
            rulemaking and in the regulations as to whether the regulations
            should be approved by resolution of the Senate, by resolution of
            the House of Representatives, by concurrent resolution, or by
            joint resolution.
      (c) approval of regulations.--

    [[Page [1180]]]

              (1) in general.--Regulations referred to in paragraph
            (2)(B)(i) of subsection (a) may be approved by the Senate by
            resolution or by the Congress by concurrent resolution or by
            joint resolution. Regulations referred to in paragraph
            (2)(B)(ii) of subsection (a) may be approved by the House of
            Representatives by resolution or by the Congress by concurrent
            resolution or by joint resolution. Regulations referred to in
            paragraph (2)(B)(iii) may be approved by Congress by concurrent
            resolution or by joint resolution.
              (2) referral.--Upon receipt of a notice of adoption of
            regulations under subsection (b)(3), the presiding officers of
            the House of Representatives and the Senate shall refer such
            notice, together with a copy of such regulations, to the
            appropriate committee or committees of the House of
            Representatives and of the Senate. The purpose of the referral
            shall be to consider whether such regulations should be
            approved, and, if so, whether such approval should be by
            resolution of the House of Representatives or of the Senate, by
            concurrent resolution or by joint resolution.
              (3) joint referral and discharge in the senate.--The presiding
            officer of the Senate may refer the notice of issuance of
            regulations, or any resolution of approval of regulations, to
            one committee or jointly to more than one committee. If a
            committee of the Senate acts to report a jointly referred
            measure, any other committee of the Senate must act within 30
            calendar days of continuous session, or be automatically
            discharged.
              (4) one-house resolution or concurrent resolution.--In the
            case of a resolution of the House of Representatives or the
            Senate or a concurrent resolution referred to in paragraph (1),
            the matter after the resolving clause shall be the following:
            ``The following regulations issued by the Office of Compliance
            on -------- are hereby approved:'' (the blank space being
            appropriately filled in, and the text of the regulations being
            set forth).
              (5) joint resolution.--In the case of joint resolution
            referred to in paragraph (1), the matter after the resolving
            clause shall be the following: ``The following regulations
            issued by the Office of Compliance on ------ are hereby approved
            and shall have the force and effect of law:'' (the blank space
            being appro

    [[Page [1181]]]

            priately filled in, and the text of the regulations being set
            forth).
      (d) issuance and effective date.--
              (1) publication.--After approval of regulations under
            subsection (c), the Board shall submit the regulations to the
            Speaker of the House of Representatives and the President pro
            tempore of the Senate for publication in the Congressional
            Record on the first day on which both Houses are in session
            following such transmittal.
              (2) date of issuance.--The date of issuance of regulations
            shall be the date on which they are published in the
            Congressional Record under paragraph (1).
              (3) effective date.--Regulations shall become effective not
            less than 60 days after the regulations are issued, except that
            the Board may provide for an earlier effective date for good
            cause found (within the meaning of section 553(d)(3) of title 5,
            United States Code) and published with the regulation.
      (e) amendment of regulations.--Regulations may be amended in the same
    manner as is described in this section for the adoption, approval, and
    issuance of regulations, except that the Board may, in its discretion,
    dispense with publications of a general notice of proposed rulemaking of
    minor, technical, or urgent amendments that satisfy the criteria for
    dispensing with publication of such notice pursuant to section 553(b)(B)
    of title 5, United States Code.

                                      * * *

      In the 104th Congress the House agreed to a concurrent resolution
    approving with changes regulations promulgated by the Office of
    Compliance under this provision (S. Con. Res. 51, Apr. 15, 1996, p.
    7515).
                                                               Sec. 1130(28)

    [DOCID:hd284-180]
      28. Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996,
                          Sec. 204(e) [22 U.S.C. 6064]

      Sec. 204. termination of the economic embargo of cuba.

      (a) presidential actions.--Upon submitting a determination to the
    appropriate congressional committees under section 203(c)(1) that a
    transition government in Cuba is in power, the President, after
    consultation with the Congress, is authorized to take steps to suspend
    the

    [[Page [1182]]]

    economic embargo of Cuba and to suspend the right of action created in
    section 302 [22 U.S.C. 6082] with respect to actions thereafter filed
    against the Cuban Government, to the extent that such steps contribute
    to a stable foundation for a democratically elected government in Cuba.

                                      * * *

      (e) review of suspension of economic embargo.--
              (1)  review.--If the President takes action under subsection
            (a) to suspend the economic embargo of Cuba, the President shall
            immediately so notify the Congress. The President shall report
            to the Congress no less frequently than every 6 months
            thereafter, until he submits a determination under section
            203(c)(3) that a democratically elected government in Cuba is in
            power, on the progress being made by Cuba toward the
            establishment of such a democratically elected government. The
            action of the President under subsection (a) shall cease to be
            effective upon the enactment of a joint resolution described in
            paragraph (2).
              (2)  joint resolutions.--For purposes of this subsection, the
            term ``joint resolution'' means only a joint resolution of the 2
            Houses of Congress, the matter after the resolving clause of
            which is as follows: ``That the Congress disapproves the action
            of the President under section 204(a) of the Cuban Liberty and
            Democratic Solidarity (LIBERTAD) Act of 1996 to suspend the
            economic embargo of Cuba, notice of which was submitted to the
            Congress on ------.'', with the blank space being filled with
            the appropriate date.
              (3)  referral to committees.--Joint resolutions introduced in
            the House of Representatives shall be referred to the Committee
            on International Relations and joint resolutions introduced in
            the Senate shall be referred to the Committee on Foreign
            Relations.
              (4)  procedures.--(A) Any joint resolution shall be considered
            in the Senate in accordance with the provisions of section
            601(b) of the International Security Assistance and Arms Export
            Control Act of 1976.
              (B) For the purpose of expediting the consideration and
            enactment of joint resolutions, a motion to proceed to the
            consideration of any joint resolution after it has been reported
            by the appropriate committee shall be treated as highly
            privileged in the House of Representatives.

    [[Page [1183]]]

              (C) Not more than 1 joint resolution may be considered in the
            House of Representatives and the Senate in the 6-month period
            beginning on the date on which the President notifies the
            Congress under paragraph (1) of the action taken under
            subsection (a), and in each 6-month period thereafter.
                                                               Sec. 1130(29)

    [DOCID:hd284-181]
     29. Congressional Review of Agency Rulemaking [5 U.S.C. 801, 802, and
                                      804]

      The following excerpts of chapter 8 of title 5, United States Code, do
    not contain privileged procedures for the consideration of a measure in
    the House. They are depicted here because they constitute rules of the
    House and potentially affect the legislative process. Detailed
    procedures for the consideration in the Senate of a joint resolution
    disapproving an agency rule may be found in the statute (5 U.S.C. 802).

      Sec. 801. congressional review.

      (a)(1)(A) Before a rule can take effect, the Federal agency
    promulgating such rule shall submit to each House of the Congress and to
    the Comptroller General a report containing--
              (i) a copy of the rule;
              (ii) a concise general statement relating to the rule,
            including whether it is a major rule; and
              (iii) the proposed effective date of the rule.
      (B) On the date of the submission of the report under subparagraph
    (A), the Federal agency promulgating the rule shall submit to the
    Comptroller General and make available to each House of Congress--
              (i) a complete copy of the cost-benefit analysis of the rule,
            if any;
              (ii) the agency's actions relevant to sections 603, 604, 605,
            607, and 609;
              (iii) the agency's actions relevant to sections 202, 203, 204,
            and 205 of the Unfunded Mandates Reform Act of 1995 [2 U.S.C.
            1532-35]; and
              (iv) any other relevant information or requirements under any
            other Act and any relevant Executive orders.
      (C) Upon receipt of a report submitted under subparagraph (A), each
    House shall provide copies of the report to the chairman and ranking
    member of each standing committee with jurisdiction under the rules of
    the House of

    [[Page [1184]]]

    Representatives or the Senate to report a bill to amend the provision of
    law under which the rule is issued.
      (2)(A) The Comptroller General shall provide a report on each major
    rule to the committees of jurisdiction in each House of the Congress by
    the end of 15 calendar days after the submission or publication date as
    provided in section 802(b)(2). The report of the Comptroller General
    shall include an assessment of the agency's compliance with procedural
    steps required by paragraph (1)(B).
      (B) Federal agencies shall cooperate with the Comptroller General by
    providing information relevant to the Comptroller General's report under
    subparagraph (A).
      (3) A major rule relating to a report submitted under paragraph (1)
    shall take effect on the latest of--
              (A) the later of the date occurring 60 days after the date on
            which--
                      (i) the Congress receives the report submitted under
                    paragraph (1); or
                      (ii) the rule is published in the Federal Register, if
                    so published;
              (B) if the Congress passes a joint resolution of disapproval
            described in section 802 relating to the rule, and the President
            signs a veto of such resolution, the earlier date--
                      (i) on which either House of Congress votes and fails
                    to override the veto of the President; or
                      (ii) occurring 30 session days after the date on which
                    the Congress received the veto and objections of the
                    President; or
              (C) the date the rule would have otherwise taken effect, if
            not for this section (unless a joint resolution of disapproval
            under section 802 is enacted).
      (4) Except for a major rule, a rule shall take effect as otherwise
    provided by law after submission to Congress under paragraph (1).
      (5) Notwithstanding paragraph (3), the effective date of a rule shall
    not be delayed by operation of this chapter beyond the date on which
    either House of Congress votes to reject a joint resolution of
    disapproval under section 802.
      (b)(1) A rule shall not take effect (or continue), if the Congress
    enacts a joint resolution of disapproval, described under section 802,
    of the rule.
      (2) A rule that does not take effect (or does not continue) under
    paragraph (1) may not be reissued in substantially the same form, and a
    new rule that is substantially the same as such a rule may not be
    issued, unless the re

    [[Page [1185]]]

    issued or new rule is specifically authorized by a law enacted after the
    date of the joint resolution disapproving the original rule.
      (c)(1) Notwithstanding any other provision of this section (except
    subject to paragraph (3)), a rule that would not take effect by reason
    of subsection (a)(3) may take effect, if the President makes a
    determination under paragraph (2) and submits written notice of such
    determination to the Congress.
      (2) Paragraph (1) applies to a determination made by the President by
    Executive order that the rule should take effect because such rule is--
              (A) necessary because of an imminent threat to health or
            safety or other emergency;
              (B) necessary for the enforcement of criminal laws;
              (C) necessary for national security; or
              (D) issued pursuant to any statute implementing an
            international trade agreement.
      (3) An exercise by the President of the authority under this
    subsection shall have no effect on the procedures under section 802 or
    the effect of a joint resolution of disapproval under this section.
      (d)(1) In addition to the opportunity for review otherwise provided
    under this chapter, in the case of any rule for which a report was
    submitted in accordance with subsection (a)(1)(A) during the period
    beginning on the date occurring--
              (A) in the case of the Senate, 60 session days, or
              (B) in the case of the House of Representatives, 60
            legislative days,
    before the date the Congress adjourns a session of Congress through the
    date on which the same or succeeding Congress first convenes its next
    session, section 802 shall apply to such rule in the succeeding session
    of Congress.
      (2)(A) In applying section 802 for purposes of such additional review,
    a rule described under paragraph (1) shall be treated as though--
              (i) such rule were published in the Federal Register (as a
            rule that shall take effect) on--
                      (I) in the case of the Senate, the 15th session day,
                    or
                      (II) in the case of the House of Representatives, the
                    15th legislative day,
            after the succeeding session of Congress first convenes; and

    [[Page [1186]]]

              (ii) a report on such rule were submitted to Congress under
            subsection (a)(1) on such date.
      (B) Nothing in this paragraph shall be construed to affect the
    requirement under subsection (a)(1) that a report shall be submitted to
    Congress before a rule can take effect.
      (3) A rule described under paragraph (1) shall take effect as
    otherwise provided by law (including other subsections of this section).

                                      * * *

      (f) Any rule that takes effect and later is made of no force or effect
    by enactment of a joint resolution under section 802 shall be treated as
    though such rule had never taken effect.
      (g) If the Congress does not enact a joint resolution of disapproval
    under section 802 respecting a rule, no court or agency may infer any
    intent of the Congress from any action or inaction of the Congress with
    regard to such rule, related statute, or joint resolution of
    disapproval.

      Sec. 802. congressional disapproval procedure.

      (a) For purposes of this section, the term ``joint resolution'' means
    only a joint resolution introduced in the period beginning on the date
    on which the report referred to in section 801(a)(1)(A) is received by
    Congress and ending 60 days thereafter (excluding days either House of
    Congress is adjourned for more than 3 days during a session of
    Congress), the matter after the resolving clause of which is as follows:
    ``That Congress disapproves the rule submitted by the ------ relating to
    ------, and such rule shall have no force or effect.'' (The blank spaces
    being appropriately filled in).
      (b)(1) A joint resolution described in subsection (a) shall be
    referred to the committees in each House of Congress with jurisdiction.
      (2) For purposes of this section, the term ``submission or publication
    date'' means the later of the date on which--
              (A) the Congress receives the report submitted under section
            801(a)(1); or
              (B) the rule is published in the Federal Register, if so
            published.

                                      * * *

      (f) If, before the passage by one House of a joint resolution of that
    House described in subsection (a), that House receives from the other
    House a joint resolution described

    [[Page [1187]]]

    in subsection (a), then the following procedures shall apply:
              (1) The joint resolution of the other House shall not be
            referred to a committee.
              (2) With respect to a joint resolution described in subsection
            (a) of the House receiving the joint resolution--
                      (A) the procedure in that House shall be the same as
                    if no joint resolution had been received from the other
                    House; but
                      (B) the vote on final passage shall be on the joint
                    resolution of the other House.

                                      * * *

      Sec. 804. definitions.

      For purposes of this chapter--
              (1) The term ``Federal agency'' means any agency as that term
            is defined in section 551(1).
              (2) The term ``major rule'' means any rule that the
            Administrator of the Office of Information and Regulatory
            Affairs of the Office of Management and Budget finds has
            resulted in or is likely to result in--
                      (A) an annual effect on the economy of $100,000,000 or
                    more;
                      (B) a major increase in costs or prices for consumers,
                    individual industries, Federal, State, or local
                    government agencies, or geographic regions; or
                      (C) significant adverse effects on competition,
                    employment, investment, productivity, innovation, or on
                    the ability of United States-based enterprises to
                    compete with foreign-based enterprises in domestic and
                    export markets.
            The term does not include any rule promulgated under the
            Telecommunications Act of 1996 and the amendments made by that
            Act.
              (3) The term ``rule'' has the meaning given such term in
            section 551, except that such term does not include--
                      (A) any rule of particular applicability, including a
                    rule that approves or prescribes for the future rates,
                    wages, prices, services, or allowances therefor,
                    corporate or financial structures, reorganizations,
                    mergers, or acquisitions thereof, or accounting
                    practices or disclosures bearing on any of the
                    foregoing;

    [[Page [1188]]]

                      (B) any rule relating to agency management or
                    personnel; or
                      (C) any rule of agency organization, procedure, or
                    practice that does not substantially affect the rights
                    or obligations of non-agency parties.

                                      * * *

      Pursuant to 5 U.S.C. 801(d) notice appears in the Congressional Record
    on the 15th legislative day of a new session of Congress of the
    resubmission of all rules submitted to the House pursuant to 5 U.S.C.
    801(a)(1) during the period from 60 legislative days before the
    adjournment of a session through the convening of the next session (Mar.
    1, 2000, p. ----).
                                                               Sec. 1130(30)

    [DOCID:hd284-182]
    30. Balanced Budget and Emergency Deficit Control Act [2 U.S.C. 904(i),
                                   907a-907d]

      These excerpts are provided for quick reference. They include the
    provisions of the Act that relate directly to House procedure. Sections
    258, 258A, 258B, and 258C primarily provide for reporting and
    consideration of legislation in the Senate; therefore, only portions of
    those sections are carried here. A more thorough understanding of the
    statutory scheme requires the full statutory text (see 2 U.S.C. 900).

    SEC. 254. REPORTS AND ORDERS.
    * * * * *
      (i) Low-Growth Report.--At any time, CBO shall notify the Congress
    if--
              (1) during the period consisting of the quarter during which
            such notification is given, the quarter preceding such
            notification and the 4 quarters following such notification, CBO
            or OMB has determined that real economic growth is projected or
            estimated to be less than zero with respect to each of any 2
            consecutive quarters within such period; or
              (2) the most recent of the Department of Commerce's advance
            preliminary or final reports of actual real economic growth
            indicate that the rate of real economic growth for each of the
            most recently reported quarter and the immediately preceding
            quarter is less than one percent.

    * * * * *

    [[Page [1189]]]

    SEC. 258. SUSPENSION IN THE EVENT OF WAR OR LOW GROWTH.
      (a) Procedures in the Event of a Low-Growth Report.--
              (1) Trigger.--Whenever CBO issues a low-growth report under
            section 254(j), the Majority Leader of the House of
            Representatives may, and the Majority Leader of the Senate
            shall, introduce a joint resolution (in the form set forth in
            paragraph (2)) declaring that the conditions specified in
            section 254(j) are met and suspending the relevant provisions of
            this title, titles III and VI of the Congressional Budget Act of
            1974, and section 1103 of title 31, United States Code.
              (2) Form of joint resolution.--
                      (A) The matter after the resolving clause in any joint
                    resolution introduced pursuant to paragraph (1) shall be
                    as follows: ``That the Congress declares that the
                    conditions specified in section 254(j) of the Balanced
                    Budget and Emergency Deficit Control Act of 1985 are
                    met, and the implementation of the Congressional Budget
                    and Impoundment Control Act of 1974, chapter 11 of title
                    31, United States Code, and part C of the Balanced
                    Budget and Emergency Deficit Control Act of 1985 are
                    modified as described in section 258(b) of the Balanced
                    Budget and Emergency Deficit Control Act of 1985.''.
                      (B) The title of the joint resolution shall be ``Joint
                    resolution suspending certain provisions of law pursuant
                    to section 258(a)(2) of the Balanced Budget and
                    Emergency Deficit Control Act of 1985.''; and the joint
                    resolution shall not contain any preamble.
              (3) Committee action.--Each joint resolution introduced
            pursuant to paragraph (1) shall be referred to the appropriate
            committees of the House of Representatives or the Committee on
            the Budget of the Senate, as the case may be; and such Committee
            shall report the joint resolution to its House without amendment
            on or before the fifth day on which such House is in session
            after the date on which the joint resolution is introduced. If
            the Committee fails to report the joint resolution within the
            five-day period referred to in the preceding sentence, it shall
            be automatically discharged from further consideration of the

    [[Page [1190]]]

            joint resolution, and the joint resolution shall be placed on
            the appropriate calendar.
              (4) Consideration of joint resolution.--(A) A vote on final
            passage of a joint resolution reported to the Senate or
            discharged pursuant to paragraph (3) shall be taken on or before
            the close of the fifth calendar day of session after the date on
            which the joint resolution is reported or after the Committee
            has been discharged from further consideration of the joint
            resolution. If prior to the passage by one House of a joint
            resolution of that House, that House receives the same joint
            resolution from the other House, then--
                      (i) the procedure in that House shall be the same as
                    if no such joint resolution had been received from the
                    other House, but
                      (ii) the vote on final passage shall be on the joint
                    resolution of the other House.
            When the joint resolution is agreed to, the Clerk of the House
            of Representatives (in the case of a House joint resolution
            agreed to in the House of Representatives) or the Secretary of
            the Senate (in the case of a Senate joint resolution agreed to
            in the Senate) shall cause the joint resolution to be engrossed,
            certified, and transmitted to the other House of the Congress as
            soon as practicable.
    * * * * *

      (b) Suspension of Sequestration Procedures.--Upon the enactment of a
    declaration of war or a joint resolution described in subsection (a)--
              (1) the subsequent issuance of any sequestration report or any
            sequestration order is precluded;
              (2) sections 302(f), 310(d), 311(a), and title VI of the
            Congressional Budget Act of 1974 are suspended; and
              (3) section 1103 of title 31, United States Code, is
            suspended.

      (c) Restoration of Sequestration Procedures.--(1) In the event of a
    suspension of sequestration procedures due to a declaration of war,
    then, effective with the first fiscal year that begins in the session
    after the state of war is concluded by Senate ratification of the
    necessary treaties, the provisions of subsection (b) triggered by that
    declaration of war are no longer effective.
      (2) In the event of a suspension of sequestration procedures due to
    the enactment of a joint resolution described

    [[Page [1191]]]

    in subsection (a), then, effective with regard to the first fiscal year
    beginning at least 12 months after the enactment of that resolution, the
    provisions of subsection (b) triggered by that resolution are no longer
    effective.

    SEC. 258A. MODIFICATION OF PRESIDENTIAL ORDER.
      (a) Introduction of Joint Resolution.--At any time after the Director
    of OMB issues a final sequestration report under section 254 for a
    fiscal year, but before the close of the twentieth calendar day of the
    session of Congress beginning after the date of issuance of such report,
    the majority leader of either House of Congress may introduce a joint
    resolution which contains provisions directing the President to modify
    the most recent order issued under section 254 or provide an alternative
    to reduce the deficit for such fiscal year. After the introduction of
    the first such joint resolution in either House of Congress in any
    calendar year, then no other joint resolution introduced in such House
    in such calendar year shall be subject to the procedures set forth in
    this section.

      (b) Procedures for Consideration of Joint Resolutions.--
    * * * * *

              (7) Resolution from other house.--If, before the passage by
            the Senate of a joint resolution of the Senate introduced under
            subsection (a), the Senate receives from the House of
            Representatives a joint resolution introduced under subsection
            (a), then the following procedures shall apply:
                      (A) The joint resolution of the House of
                    Representatives shall not be referred to a committee and
                    shall be placed on the calendar.
                      (B) With respect to a joint resolution introduced
                    under subsection (a) in the Senate--

    [[Page [1192]]]

      (i) the procedure in the Senate shall be the same as if no joint
    resolution had been received from the House; but
      (ii)(I) the vote on final passage shall be on the joint resolution of
    the House if it is identical to the joint resolution then pending for
    passage in the Senate; or
      (II) if the joint resolution from the House is not identical to the
    joint resolution then pending for passage in the Senate and the Senate
    then passes the Senate joint resolution, the Senate shall be considered
    to have passed the House joint resolution as amended by the text of the
    Senate joint resolution.
                      (C) Upon disposition of the joint resolution received
                    from the House, it shall no longer be in order to
                    consider the resolution originated in the Senate.
              (8) Senate action on house resolution.--If the Senate receives
            from the House of Representatives a joint resolution introduced
            under subsection (a) after the Senate has disposed of a Senate
            originated resolution which is identical to the House passed
            joint resolution, the action of the Senate with regard to the
            disposition of the Senate originated joint resolution shall be
            deemed to be the action of the Senate with regard to the House
            originated joint resolution. If it is not identical to the House
            passed joint resolution, then the Senate shall be considered to
            have passed the joint resolution of the House as amended by the
            text of the Senate joint resolution.

    SEC. 258B. FLEXIBILITY AMONG DEFENSE PROGRAMS, PROJECTS, AND ACTIVITIES.
      (a) Subject to subsections (b), (c), and (d), new budget authority and
    unobligated balances for any programs, projects, or activities within
    major functional category 050 (other than a military personnel account)
    may be further reduced beyond the amount specified in an order issued by
    the President under section 254 for such fiscal year. To the extent such
    additional reductions are made and result in additional outlay
    reductions, the President may provide for lesser reductions in new
    budget authority and unobligated balances for other programs, projects,
    or activities within major functional category 050 for such fiscal year,
    but only to the extent that the resulting outlay increases do not exceed
    the additional outlay reductions, and no such program, project, or
    activity may be increased above

    [[Page [1193]]]

    the level actually made available by law in appropriation Acts (before
    taking sequestration into account). In making calculations under this
    subsection, the President shall use account outlay rates that are
    identical to those used in the report by the Director of OMB under
    section 254.

      (b) No actions taken by the President under subsection (a) for a
    fiscal year may result in a domestic base closure or realignment that
    would otherwise be subject to section 2687 of title 10, United States
    Code.

      (c) The President may not exercise the authority provided by this
    paragraph for a fiscal year unless--
              (1) the President submits a single report to Congress
            specifying, for each account, the detailed changes proposed to
            be made for such fiscal year pursuant to this section;
              (2) that report is submitted within 5 calendar days of the
            start of the next session of Congress; and
              (3) a joint resolution affirming or modifying the changes
            proposed by the President pursuant to this paragraph becomes
            law.

      (d) Within 5 calendar days of session after the President submits a
    report to Congress under subsection (c)(1) for a fiscal year, the
    majority leader of each House of Congress shall (by request) introduce a
    joint resolution which contains provisions affirming the changes
    proposed by the President pursuant to this paragraph.

      (e)(1) The matter after the resolving clause in any joint resolution
    introduced pursuant to subsection (d) shall be as follows: ``That the
    report of the President as submitted on [Insert Date] under section 258B
    is hereby approved.''.
      (2) The title of the joint resolution shall be ``Joint resolution
    approving the report of the President submitted under section 258B of
    the Balanced Budget and Emergency Deficit Control Act of 1985.''.
      (3) Such joint resolution shall not contain any preamble.

    * * * * *

      (l) If, before the passage by the Senate of a joint resolution of the
    Senate introduced under subsection (d), the Senate receives from the
    House of Representatives a joint resolution introduced under subsection
    (d), then the following procedures shall apply:
              (1) The joint resolution of the House of Representatives shall
            not be referred to a committee.

    [[Page [1194]]]

              (2) With respect to a joint resolution introduced under
            subsection (d) in the Senate--
                      (A) the procedure in the Senate shall be the same as
                    if no joint resolution had been received from the House;
                    but
                      (B)(i) the vote on final passage shall be on the joint
                    resolution of the House if it is identical to the joint
                    resolution then pending for passage in the Senate; or
                      (ii) if the joint resolution from the House is not
                    identical to the joint resolution then pending for
                    passage in the Senate and the Senate then passes the
                    Senate joint resolution, the Senate shall be considered
                    to have passed the House joint resolution as amended by
                    the text of the Senate joint resolution.
              (3) Upon disposition of the joint resolution received from the
            House, it shall no longer be in order to consider the joint
            resolution originated in the Senate.

      (m) If the Senate receives from the House of Representatives a joint
    resolution introduced under subsection (d) after the Senate has disposed
    of a Senate originated joint resolution which is identical to the House
    passed joint resolution, the action of the Senate with regard to the
    disposition of the Senate originated joint resolution shall be deemed to
    be the action of the Senate with regard to the House originated joint
    resolution. If it is not identical to the House passed joint resolution,
    then the Senate shall be considered to have passed the joint resolution
    of the House as amended by the text of the Senate joint resolution.
                                                               Sec. 1130(31)

    [DOCID:hd284-183]
                        31. Andean Counterdrug Initiative

           foreign operations, export financing, and related programs
      appropriations act, 2003 [division e of consolidated appropriations
                resolution, 2003, p.l. 108-7; 117 stat. 159, 174]

     title II--bilateral economic assistance--andean counterdrug initiative

    * * * Provided further, That the provisions of section 3204(b) through
    (d) of Public Law 106-246, as amended by

    [[Page [1195]]]

    Public Law 107-115, shall be applicable to funds appropriated for fiscal
    year 2003 * * *
    * * * * *

    emergency supplemental act, 2000 Sec. 3204 [p.l. 106-246, 114 stat. 511,
                        576, as amended by p.l. 107-115]

    Sec. 3204. limitations on support for plan colombia and on the
    assignment of united states personnel in colombia.

      (a) limitation on support for plan colombia.--
              (1) limitation.--Except as provided in paragraph (2), none of
            the funds appropriated or otherwise made available by any Act
            shall be available for support of Plan Colombia unless and
            until--
                      (A) the President submits a report to Congress
                    requesting the availability of such funds; and
                      (B) Congress enacts a joint resolution approving the
                    request of the President under subparagraph (A).
              (2) exceptions.--The limitation in paragraph (1) does not
            apply to--
                      (A) appropriations made by this Act, the Foreign
                    Operations, Export Financing, and Related Programs
                    Appropriations Act, 2001, the Military Construction
                    Appropriations Act, 2001, the Commerce, Justice, State
                    and the Judiciary Appropriations Act, 2001, the Treasury
                    and General Government Appropriations Act, 2001, or the
                    Department of Defense Appropriations Act, 2001, for the
                    purpose of support of Plan Colombia; or
                      (B) the unobligated balances from any other program
                    used for their originally appropriated purpose to combat
                    drug production and trafficking, foster peace, increase
                    the rule of law, improve human rights, expand economic
                    development, and institute justice reform in the
                    countries covered by Plan Colombia.
              (3) waiver.--The limitations in subsection (a) may be waived
            by an Act of Congress.
      (b) limitation on assignment of united states personnel in colombia.--
              (1) limitation.--Except as provided in paragraph (2), none of
            the funds appropriated or otherwise made

    [[Page [1196]]]

            available by this or any other Act (including funds described in
            subsection (c)) may be available for--
                      (A) the assignment of any United States military
                    personnel for temporary or permanent duty in Colombia in
                    connection with support of Plan Colombia if that
                    assignment would cause the number of United States
                    military personnel so assigned in Colombia to exceed
                    400, or
                      (B) the employment of any United States individual
                    civilian retained as a contractor in Colombia if that
                    employment would cause the total number of United States
                    individual civilian contractors employed in Colombia in
                    support of Plan Colombia who are funded by Federal funds
                    to exceed 400.
              (2) exception.--The limitation contained in paragraph (1)
            shall not apply if--
                      (A) the President submits a report to Congress
                    requesting that the limitation not apply; and
                      (B) Congress enacts a joint resolution approving the
                    request of the President under subparagraph (A).
      (c) waiver.--The President may waive the limitation in subsection
    (b)(1) for a single period of up to 90 days in the event that the Armed
    Forces of the United States are involved in hostilities or that imminent
    involvement by the Armed Forces of the United States in hostilities is
    clearly indicated by the circumstances.
      (d) statutory construction.--Nothing in this section may be construed
    to affect the authority of the President to carry out any emergency
    evacuation of United States citizens or any search or rescue operation
    for United States military personnel or other United States citizens.
      (e) report on support for plan colombia.--Not later than June 1, 2001,
    and not later than June 1 and December 1 of each of the succeeding 4
    fiscal years, the President shall submit a report to Congress setting
    forth any costs (including incremental costs incurred by the Department
    of Defense) incurred by any department, agency, or other entity of the
    executive branch of Government during the two previous fiscal quarters
    in support of Plan Colombia. Each such report shall provide an
    itemization of expenditures by each such department, agency or entity.
      (f) bimonthly reports.--Beginning within 90 days of the date of the
    enactment of this Act, and every 60 days thereafter, the President shall
    submit a report to Congress

    [[Page [1197]]]

    that shall include the aggregate number, locations, activities, and
    lengths of assignment for all temporary and permanent United States
    military personnel and United States individual civilians retained as
    contractors involved in the antinarcotics campaign in Colombia.
      (g) congressional priority procedures.--
              (1) joint resolutions defined.--
                      (A) For purposes of subsection (a)(1)(B), the term
                    ``joint resolution'' means only a joint resolution
                    introduced not later than 10 days of the date on which
                    the report of the President under subsection (a)(1)(A)
                    is received by Congress, the matter after the resolving
                    clause of which is as follows: ``That Congress approves
                    the request of the President for additional funds for
                    Plan Colombia contained in the report submitted by the
                    President under section 3204(a)(1) of the 2000 Emergency
                    Supplemental Appropriations Act.''.
                      (B) For purposes of subsection (b)(2)(B), the term
                    ``joint resolution'' means only a joint resolution
                    introduced not later than 10 days of the date on which
                    the report of the President under subsection (a)(1)(A)
                    is received by Congress, the matter after the resolving
                    clause of which is as follows: ``That Congress approves
                    the request of the President for exemption from the
                    limitation applicable to the assignment of personnel in
                    Colombia contained in the report submitted by the
                    President under section 3204(b)(2)(B) of the 2000
                    Emergency Supplemental Appropriations Act.''.
              (2) procedures.--Except as provided in subparagraph (B), a
            joint resolution described in paragraph (1)(A) or (1)(B) shall
            be considered in a House of Congress in accordance with the
            procedures applicable to joint resolutions under paragraphs (3)
            through (8) of section 8066(c) of the Department of Defense
            Appropriations Act, 1985 (as contained in Public Law 98-473; 98
            Stat. 1936).
      (h) plan colombia defined.-- In this section, the term ``Plan
    Colombia'' means the plan of the Government of Colombia instituted by
    the administration of President Pastrana to combate drug production and
    trafficking, foster peace, increase the rule of law, improve human
    rights,

    [[Page [1198]]]

    expand economic development, and institute justice reform.
    * * * * *

      department of defense appropriations act, 1985 Sec. 8066(c) [P.L. 98-
                          473; 98 stat. 1904, 1936-37]

      Sec. 8066 * * * (c)
      (c)(3) A resolution described in paragraph (1) introduced in the House
    of Representatives shall be referred to the Committee on Appropriations
    of the House of Representatives. A resolution described in paragraph (1)
    introduced in the Senate shall be referred to the Committee on
    Appropriations of the Senate. Such a resolution may not be reported
    before the eighth day after its introduction.
      (4) If the committee to which is referred a resolution described in
    paragraph (1) has not reported such resolution (or an identical
    resolution) at the end of fifteen calendar days after its introduction,
    such committee shall be discharged from further consideration of such
    resolution and such resolution shall be placed on the appropriate
    calendar of the House involved.
      (5)(A) When the committee to which a resolution is referred has
    reported, or has been deemed to be discharged (under paragraph (4)) from
    further consideration of, a resolution described in paragraph (1)
    notwithstanding any rule or precedent of the Senate, including Rule 22,
    it is at any time thereafter in order (even though a previous motion to
    the same effect has been disagreed to) for any Member of the respective
    House to move to proceed to the consideration of the resolution, and all
    points of order against the resolution (and against consideration of the
    resolution) are waived. The motion is highly privileged in the House of
    Representatives and is privileged in the Senate and is not debatable.
    The motion is not subject to amendment, or to a motion to postpone, or
    to a motion to proceed to the consideration of other business. A motion
    to reconsider the vote by which the motion is agreed to or disagreed to
    shall not be in order. If a motion to proceed to the consideration of
    the resolution is agreed to, the resolution shall remain the unfinished
    business of the respective House until disposed of.
      (B) Debate on the resolution, and all debatable motions and appeals in
    connection therewith, shall be limited to not more than ten hours, which
    shall be divided equally

    [[Page [1199]]]

    between those favoring and those opposing the resolution. A motion
    further to limit debate is in order and not debatable. An amendment to,
    or a motion to postpone, or a motion to proceed to the consideration of
    other business, or a motion to recommit the resolution is not in order.
    A motion to reconsider the vote by which the resolution is agreed to or
    disagreed to is not in order.
      (C) Immediately following the conclusion of the debate on a resolution
    described in paragraph (1), and a single quorum call at the conclusion
    of the debate if requested in accordance with the rules of the
    appropriate House, the vote on final passage of the resolution shall
    occur.
      (D) Appeals from the decisions of the Chair relating to the
    application of the rules of the Senate or the House of Representatives,
    as the case may be, to the procedure relating to a resolution described
    in paragraph (1) shall be decided without debate.
      (6) If, before the passage by the Senate of a resolution described in
    paragraph (1), the Senate receives from the House of Representatives a
    resolution described in paragraph (1), then the following procedures
    shall apply:
              (A) The resolution of the House of Representatives shall not
            be referred to a committee.
              (B) With respect to a resolution described in paragraph (1) of
            the Senate--
                      (i) the procedure in the Senate shall be the same as
                    if no resolution had been received from the House; but
                      (ii) the vote on final passage shall be on the
                    resolution of the House.
              (C) Upon disposition of the resolution received from the
            House, it shall no longer be in order to consider the resolution
            originated in the Senate.
      (7) If the Senate receives from the House of Representatives a
    resolution described in paragraph (1) after the Senate has disposed of a
    Senate originated resolution, the action of the Senate with regard to
    the disposition of the Senate originated resolution shall be deemed to
    be the action of the Senate with regard to the House originated
    resolution.
      (8) This subsection is enacted by Congress--
              (A) as an exercise of the rulemaking power of the Senate and
            House of Representatives, respectively, and as such it is deemed
            a part of the rules of each House, respectively, but applicable
            only with respect to the procedure to be followed in that House
            in the

    [[Page [1200]]]

            case of a resolution described in paragraph (1), and it
            supercedes other rules only to the extent that it is
            inconsistent with such rules; and
              (B) with full recognition of the constitutional right of
            either House to change the rules (so far as relating to the
            procedure of that House) at any time, in the same manner and to
            the same extent as in the case of any other rule of that House.

    * * * * *

    [[Page [1201]]]

    ========================================================================

    [DOCID:hd284-184]
                                      INDEX

    ========================================================================
                                      INDEX

                                      INDEX

    [[Page [1203]]]

                                    I N D E X

                                   __________
                                                                     Section
                                                                     Section
    Absence.  See also Attendance; Quorum
            Attendance required.
    Arrest of Members for absence................................. 1021-1023
                Arrest of Members attending committee meetings during
                    call of the House notwithstanding leave for
                    committee to sit..................................   324
    Call of House................................................ 1025, 1026
    Call of House in old form..................................... 1021-1024
                Deductions from pay of Members on account of absence..   86,
                                                                         671
                House may excuse, during call of the House............  1022
                Jurisdiction of matters relating to...................   730
                Members to be present unless excused..................   671
                Failure of quorum in Committee of the Whole...........   982
                Of chairman in committee..............................   793
                Rule of Parliament as to..............................   311
            Leave of.
                Presentation of requests for..........................   671
                Revoked but not granted during call of the House......  1022
    Accounts.
            In the House, jurisdiction as to..........................   724
            Of receipt and expenditures of public money to be
                published.............................................   143
    Accusation.
            Common fame as ground for.................................   341
            Right of accused to be informed of in criminal cases......   213
    Acts.
            Signed by Speaker...................................... 624, 626
            States reciprocally to give full faith and credit to
                public................................................   183
    Addresses.
            Signed by Speaker.........................................   624
            Of and to the early Presidents............................   316
    Adhere, motion to.  See Amendments between the Houses.
    Adjourn, motion to.  See also Adjournment.
            Nature and conditions of.
    Amendment of................................................... 585, 912

    [[Page [1204]]]

                Repetition of.........................................   918
    General conditions of.......................................... 911, 912
                May be held dilatory..................................   903
            Precedence of.
    High privilege and precedence of.......................... 439, 911, 912
                In order after ordering of yeas and nays..............    80
                In order before reading of the Journal................   621
                In order in House as in Committee of the Whole........   427
    Not in order in Committee of the Whole.................... 333, 334, 912
                When not in order in House............................   912
    Not to interrupt Member having the floor in debate............. 393, 946
                One in order pending motion for suspension of rules...   890
                One in order pending report from Committee on Rules...   857
                Privileged over motion to reconsider..................  1003
                Privileged over questions of privilege................   698
                Yields to presentation but not consideration of
                    conference reports................................  1077
            Relation of, to quorum.
    In order in absence of quorum.................................. 52, 1022
    In order during call of the House............................ 1025, 1026
                Not in order when Committee of the Whole rises to
                    report proceedings incident to securing quorum....   912
            To fix the day.
    General conditions of motion to fix the day to which the House
    shall adjourn.................................................. 911, 913
    Adjournment.  See also Adjourn, motion to.
            Of the House alone.
                At the end of the term of a Congress..................     6
    Emergency postponement of reconvening time...................... 83, 639
    For three days or less...................................... 82, 83, 639
                Hours of, entered on the Journal......................   647
                House has adjourned for more than one day before
                    election of Speaker...............................    83
                Pronounced by the Speaker.............................   587
                Speaker takes Chair at hour to which House has
                    adjourned.........................................   621
            Of Congress--Requirements as to.
                Adjournment during pleasure effected by a recess......   586
                Case in which President may cause.....................   171
                Neither House to adjourn for more than three days
                    without consent of other..........................82, 83
    Joint leadership recall authority under adjournment resolutions to
    another time or place............................................. 82-84
                Of a session as related to constitutional day of
                    meeting...........................................    45

    [[Page [1205]]]

                Parliamentary law as to the adjournment of the Lords
                    and Commons.......................................   584
    Prohibited before completion of congressional budget process....... 1127
                                                                  (sec. 310)
                Session not terminated by an adjournment of Congress
                    for a fixed time over three days..................   590
                Time of...............................................     6
                To be in July with certain exceptions.................  1105
            Of Congress--Manner of.
                For more than three days by privileged concurrent
                    resolution........................................    84
                Jurisdiction of resolutions for final, of Congress....   733
                Manner of closing a session by action of the two
                    Houses............................................   591
                Resolutions relating to, not presented to President
                    for approval......................................   115
            Of Congress--Effect of.
                As affecting signing of enrolled bills................   577
                As affecting the functions of committees..............   589
                As related to action on a veto message................   107
                Conferences not interrupted by........................   533
                Duties of clerks as to committee papers at............   695
                Effect of, as to bills in hands of President..........   111
                Effect of adjournment to day certain, as to bills in
                    hands of President................................   113
    Impeachment not interrupted by................................. 592, 620
    Journal of last day not approved................................ 74, 621
                Obsolete law as to business at time of................   385
                Parliamentary law as to business at the termination of
                    a session.........................................   592
            Of a debate.
                Of a debate, obsolete practice as to..................   444
    Administrative oversight.
            Former subcommittee on....................................   744
    Administrator of General Services.
            Bills that become law deposited with................... 105, 109
    Admiralty.
            Judicial power extends to cases of........................   178
    Admission.  See Floor; Galleries.
    Advance appropriations.
            Point of order against....................................  1127
    Adverse Reports.  See Committees, Reports of.
    Affirmation.  See also Oath.
            In lieu of oath...........................................   196
            In support of certain warrants............................   211

    [[Page [1206]]]

            Senators on, for trial of impeachments....................  615b
    Affrays.  See Decorum.
    Age.
            As qualification of a Representative......................     9
            As qualification of a Senator.............................    35
            As qualification of the President of the United States....   154
            Reference to, as a qualification of suffrage..............   226
            Right to vote extended to persons 18 years or older.......   257
    Aging.
            Former select committee on................................   784
    Agree, motion to.
            Amendments in order on motion to..........................   487
            Negative of, equivalent to affirmative of disagree........   487
            Order of precedence of............... 486, 528, 528a, 528b, 528d
            Precedence of motion to amend over motion to agree or
                disagree.................................... 528, 528b, 528d
            Priority of amendments over..................... 456, 528b, 528d
    Agreements among States.  See States.
    Agriculture.
            Committee on, history and jurisdiction of.................   715
    Aid to enemies of United States.  See Treason.
    Alcoholic liquors.
            Jurisdiction as to bills relating to, generally...........   731
            Jurisdiction as to sale of, in District of Columbia.......   723
    Aliens.
            Jurisdiction of bills relating to, generally..............   730
    Alliance among States.  See States.
    Alteration of a bill.  See Bills.
    Ambassadors.
            Admitted to the floor of the House........................   678
            Duty of President to receive..............................   172
            Gallery for use of........................................   682
            Judicial power extends to cases affecting.................   178
            Jurisdiction of Supreme Court in cases affecting..........   179
            President appoints........................................   166
    Amend, motion to.
            General conditions of.
    Conditions, form, and precedence of the motion.................. 922-927
                In order to amend motion to commit with instructions
                    unless previous question ordered..................   917
    Must be germane................................................. 928-940
                Not to be applied to a conference report..............   550
    Not in order in third degree................................... 454, 923
    Precedence of.................................................. 911, 926

    [[Page [1207]]]

    Precedence of motion to, over motion to agree or disagree.... 528, 528a,
                                                                  528b, 528d
                Precedence of motion to, over one to strike out or
                    agree.............................................   456
                Rule as to offering, degree of........................   922
                Substitute............................................   922
    To title of a bill........................................ 427, 512, 922
                Withdrawal of.........................................   925
                Yields precedence to motion to refer..................   449
            Relations of.
    Application of previous question to............................ 450, 994
    Not applicable to the previous question........................ 452, 927
    Relations of, to motion to postpone.................. 449, 451, 453, 927
                Relations of, to other motions........................   927
                Relations of, to points of order......................   924
            Striking out and inserting.
    Matter to be inserted not divisible............................ 920, 921
    Negative of motion to strike out not a bar to further amendment.... 920,
                                                                         921
                Relations to motion to strike out enacting words......   988
    To strike out and insert not divisible......................... 920, 921
    Amendments.
            General conditions of.
                Amending portions of bill already amended.............   469
    Form, conditions, precedence of................................. 922-927
                Commemoratives prohibited.............................   823
                Conferees restricted as to action on Senate amendments
                    proposing appropriations..........................  1076
                Copies of, furnished by Clerk.........................   978
                Closing debate on.....................................   959
    Divisibility of amendments............................. 921, 1042, 1063a
                Do not have several readings as in case of bills......   496
    En bloc..................................................... 1042, 1063a
                Modification of.......................................   922
    Not in order in the third degree............................... 454, 923
                Of a conference report not in order...................   542
    Of motion to adjourn........................................... 585, 927
    On general appropriation bills, limited....................... 1039-1043
    On general appropriation bills, en bloc..................... 1042, 1063a
                Priority of, over motions to strike out or agree......   456
                Proposing a commemorative prohibited..................   823
                Proposing an appropriation prohibited.................  1065
                Proposing settlement of certain claims prohibited.....   822
    Proposing taxes or tariffs............................. 1066-1068, 1076a

    [[Page [1208]]]

                Reading, motion to dispense with, in Committee of the
                    Whole.............................................   986
    Relation of, to division of the question for voting............ 482, 921
                Relation of point of order to motion to amend.........   924
    Right of Member who has spoken to the main question to speak to an
    amendment...................................................... 465, 959
    Self-executed adoption of amendments by special rule.......... 928, 1065
                Senate may concur with, on revenue bills..............   102
                Separate vote on Senate, if not germane...............  1091
    Speaker not to decide as to legislative or legal effect or
    consistency of................................................. 466, 629
            Germane.
                Required to be germane................................   928
                Amendment being considered, which would have been
                    subject to a point of order, may be perfected by
                    amendments germane to it..........................  1052
                Amendments imposing conditions, qualifications and
                    limitations.......................................   940
                Amendments to bills amending existing law.............   939
                Amendments to special orders reported from Rules
                    Committee.........................................   928
                Committee jurisdiction as test of germaneness.........   934
                Fundamental purpose as test of germaneness............   933
                General provision not germane to a specific subject...   937
                Instructions to committees and amendments thereto must
                    be germane........................................   930
                One individual proposition not germane to another.....   936
                Parliamentary law as to germaneness...................   467
                Proposition to which amendment must be germane........   929
    Senate amendments and matter contained in conference reports,
    procedure for consideration if not germane.............. 931, 1090, 1091
                Specific subjects germane to general propositions of
                    the class.........................................   938
                Subject matter as test of germaneness.................   932
                Various tests of germaneness are not exclusive........   935
            Striking out and inserting.
                Application of the motion to strike out...............   472
                Conditions of repetition of motions to strike out and
                    insert............................................   471
                Conditions of striking out an amendment already agreed
                    to................................................   474
                Effect of affirmative vote on motion to strike out and
                    insert............................................   473

    [[Page [1209]]]

    Motions to strike out and insert not divisible................. 920, 921
    Negative decision on motion to strike out not bar to further
    amendment...................................................... 920, 921
                Principles as to perfecting, before inserting or
                    striking out......................................   469
                Priority of perfecting amendments over................   456
                Reading the motion and putting the question on motion
                    to strike out and insert..........................   470
                To strike out certain words of a bill.................   468
            Of bills.
                Action of House on those, reported from a committee...   423
                Clerk makes corrections of section numbers of.........   479
                For joining and dividing bills........................   476
                For transposing the sections..........................   477
                In ``House as in Committee of the Whole''.............   427
                Method of noting amendments to a bill.................   417
                Numerical designations of amendments printed in Record   987
                Of bills in standing and select committees............   412
    Offered after second reading and before engrossment and third
    reading........................................................ 428, 497
                Order of amending bills in the House..................   413
                To the preamble.......................................   414
    To title of a bill, parliamentary law as to............... 427, 512, 922
            In Committee of the Whole.
                Dispensing with reading of certain amendments in
                    Committee of the Whole............................   986
    Amendments preempted by motion to rise after appropriation bill
    read................................................... 1039, 1040, 1043
                Numerical designations of amendments printed in Record   987
    On general appropriation bills, en bloc..................... 1042, 1063a
                Pro forma, in Committee of the Whole..................   981
                Printing in Record of proposed, 10 minutes debate
                    required on, in Committee of the Whole............   987
                Reading concurrent resolution on budget for amendment.   990
    Rule as to consideration of, in Committee of the Whole.... 978, 980, 981
    Withdrawal of, in Committee of the Whole....................... 925, 978
            By Committee of the Whole.
                Consideration and report of, by Committee of the Whole   336
                Consideration of, by the House after report from
                    Committee of the Whole............................   337
                For filling blanks, and amending numbers..............   455
                For filling blanks as to time.........................   475
                For filling blanks left by the other House............   478

    [[Page [1210]]]

                Former automatic de novo votes in House where
                    Delegates' votes decisive in Committee of the
                    Whole.............................................   985
                Not to be withdrawn when reported from Committee of
                    the Whole.........................................   335
            Of Journal.
    Cut off when previous question is ordered on motion to approve
    Journal......................................................... 74, 621
                Nature of.............................................    74
    Precedence of................................................... 74, 621
                Scope of..............................................    71
            To the Constitution.
                Differences as to, committed to conference............   530
                Form and action on....................................   233
                Jurisdiction over.....................................   730
    Methods of making............................................... 190-193
                Not approved by the President.........................   115
    The twenty-seven................................................ 208-258
    Two-thirds vote on conference report as to..................... 192, 549
                Two-thirds vote not necessary on amendments to a
                    resolution proposing a constitutional amendment...   192
                Two-thirds vote required on amendment of other House
                    to joint resolution proposing a constitutional
                    amendment.........................................   192
                Yeas and nays not necessarily taken on................    76
    Amendments between the Houses.
            General principles as to.
                Amendments to Senate amendment may not contain
                    appropriation on legislative bill.................  1065
                Degree of amendments between the Houses...............   529
    Discussion of, in Jefferson's Manual............................ 521-529
    Germaneness, separate vote on Senate amendments included in
    conference reports or reported in disagreement if not germane...... 931,
                                                                  1090, 1091
    Germaneness, amendments to Senate amendment should be germane...... 931,
                                                                        1091
                Germaneness, reference of nongermane Senate amendments
                    to committee......................................   874
    Senate amendments to legislative bills containing appropriations
                                                                  1076, 1065
    Senate amendments to appropriation bills containing legislation... 1076,
                                                                        1084
    Senate amendments containing taxes or tariffs............... 1066, 1076a
    Stage of disagreement on............................... 528a, 528c, 1074
    Status of, after rejection of a conference report............. 551, 1090

    [[Page [1211]]]

    Text to which both Houses have agreed not to be changed....... 527, 1088
                Two-thirds vote required on agreeing to amendment of
                    the other House to a constitutional amendment.....   224
            Parliamentary principles relative to motions as to.
    Adherence and conference, relations of......................... 553, 554
                Disagree, amendments in order on motion to............   487
    Disagreeing, insisting, and adhering................ 521, 522, 526, 528b
    Division of question on....................................... 525, 528d
    Receding, discussion in Jefferson's Manual...................... 523-526
    Receding, one House not to recede from its own amendment with an
    amendment; or depart from form fixed by adherence.............. 524, 526
                Receding, practice of the House as to receding from
                    its own amendment to a bill of the other House....   524
                Receding, practice of the House as to receding from
                    disagreement to amendment of the other House......   525
                Previous question, motion to amend not in order when
                    demanded on motion to concur......................   486
                Previous question, motion to recede not in order when
                    ordered on motion to adhere.......................   525
    Previous question, effect of demanding or ordering on the motion
    to refer...................................................... 486, 1002
    To lay on the table................................ 519, 528b, 528d, 914
    To refer........................................... 486, 528d, 916, 1002
    To reject nongermane matter in............................... 1089, 1091
                To send to conference,  see Conferences.
            Precedence of motions as to.
    Precedence of motions for disposition of...... 486, 519, 525, 528, 528a,
                                     528b, 528d, 916, 1002, 1084, 1089, 1091
    Precedence of motions before stage of disagreement...... 486, 528, 528a,
                                                                       528b,
    Precedence of motions after stage of disagreement........ 486, 525, 528,
                                                                 528a, 528d,
    Precedence of motions to dispose of nongermane matter in
    conference reports........................................... 1089, 1090
    Precedence of motions to dispose of nongermane matter reported in
    disagreement................................................. 1089, 1091
                Precedence of motion to insist as to legislative
                    amendment to appropriation bill...................  1084
    Precedence of motion to adhere.......................... 486, 528b, 528d
            Equivalent questions as to.
    Discussion of equivalent questions on motions relating to....... 485-488

    [[Page [1212]]]

                Equivalent questions on motions to agree and disagree
                    as related to amendments..........................   487
                No equivalent questions on motions to recede, insist,
                    and adhere........................................   488
            Consideration of.
    Consideration, generally............. 528, 528a, 1072, 1073, 1075, 1076a
                Debate on amendments reported in disagreement.........  1086
                Legislative amendments to appropriation bills.........  1084
    Nongermane Senate amendments in conference reports or reported in
    disagreement.................................................. 1089-1091
    Senate amendments carrying a tax or tariff.................. 1066, 1076a
    Senate amendments in Committee of the Whole............ 528a, 1072, 1073
    Senate amendments in House.............. 528a, 873, 874, 1071-1073, 1075
                When privileged.......................................  1075
                Reference of Senate amendments from Speaker's table... 528a,
                                                                    873, 874
    When consideration of Senate amendments should be in Committee of
    the Whole.................................................... 528a, 1073
            Conferences on.  See Conferences.
    Animal industry.
            Jurisdiction of subjects relating to......................   715
    Announcement of vote.  See Voting.
    Answer.
            In an impeachment...................................... 612, 613
            Right of accused to be heard before an investigating
                committee.............................................   803
    Apology of Members to the House for disorder.  See Decorum.
    Appeal.
            From decisions of Speaker......................... 379, 624, 628
            Debate on.................................................   628
            Guaranty against arbitrary control of Speaker.............   629
            House controls decisions of the Speaker by................   379
            From decisions of the Clerk at organization...............   643
            None on a question of recognition and on counts by Chair
                                                                    629, 949
            None on decision as to dilatory motions................ 629, 903
            None on refusal to entertain prohibited point of order of
                no quorum.............................................   629
            None from responses to parliamentary inquiries............   629
            On questions as to priority of business decided without
                debate................................................   884
    Appearance.
            Of respondent in an impeachment................... 608, 610, 611

    [[Page [1213]]]

            Right of accused to be heard before investigating
                committee.............................................   803
    Appellate jurisdiction of Supreme Court.  See Supreme Court.
    Application of laws to legislative branch.  See Congressional
        Accountability.
    Appointments.
            President makes...........................................   166
            Power of Congress as to...................................   166
            In recess of the Senate by the President..................   167
            Of select and conference committees, rules and practice as
                to....................................................  317,
                                                                    637, 782
            Of committee staff,  see Committee staffs.
    Apportionment.
            Adjustment by districts................................ 226, 227
            First and last............................................    15
            Jurisdiction of matters relating to interstate compacts on
                apportionment of water for irrigation purposes........   732
            Jurisdiction of subjects relating to generally............   724
            Of Representatives among the several States...............   226
            Old provision for.........................................    14
            Questions as to elections in relation to congressional
                districts.............................................   228
            Reduction of basis of, for abridgment of the suffrage.....   226
            Requirement that congressional districts be equally
                populated.............................................   229
    Appropriation bills, general.
            Privilege of.
                Considered in Committee of the Whole..................   973
                Designated emergencies................................  1041
                Exempt from Unfunded Mandates Reform Act..............  1127
                Hearings and reports to be available three days
                    (excluding Saturdays, Sundays, and legal holidays)
                    in advance of consideration of bills..............   852
                Not privileged against Calendar Wednesday.............   901
    Offsetting amendments to.................................... 1042, 1063a
                Precedence of, in Committee of the Whole..............   977
                Precedence of, in order of business...................   856
    Privileged for report and consideration........................ 853, 855
                Public, placed on Union Calendar......................   828
                Reported by Committee on Appropriations only..........   717
                Report on must describe changes in existing law.......   847
                Restrictions on conferees.............................  1076
                Vote on, by yeas and nays.............................  1033
            Authorizations, legislation, and limitations.
    Authorization of law for appropriations................ 1036, 1038, 1045
                Authorization for claims and salaries.................  1046
                Authorization for committee expenses..................   763

    [[Page [1214]]]

                Authorization for public works........................  1047
                Burden of proof on those proposing appropriation on...  1044
                Continuation of a public work by appropriations.......  1048
                Continuation of a public work, examples illustrating..  1049
                Continuation of a public work, new buildings at
                    existing institutions as a........................  1050
                Continuation of a public work, new vessels for naval
                    and other services as in..........................  1051
                Legislation on appropriation bills:
                    Contingencies and congressional action............  1055
                    Construing or amending existing law...............  1056
                    Generally.........................................  1052
                    Imposing duties or requiring determinations.......  1054
                    Mandating expenditures............................  1057
                    Retrenching expenditures in order (Holman rule)... 1038,
                                                                  1040, 1062
                    Rule prohibiting.............................. 1038-1040
                    Senate amendments...................... 1076, 1058, 1084
                    Waivers; amending legislation permitted to remain.  1058
                    Limitations on appropriation bills generally......  1053
    Limitations on, in order..................................... 1040, 1053
                    Effect of, on executive discretion................  1054
                    Consistent with existing law................. 1040, 1056
                    Amendments at end of reading in Committee of the
                        Whole.........................................  1040
                Points of order on general appropriation bills........  1044
                Unauthorized appropriations and legislation on general
                    appropriation bills...............................  1036
    Unexpended balances not to be included unless in continuation of
    public work already commenced................................ 1037, 1063
    Appropriations.
            Conditions of.
                Advance, point of order against.......................  1127
                Annual, committee endeavor to insure..................   755
                Estimates of, transmission and reference..............   827
                Jurisdiction of.......................................   716
                Necessary for drawing money from Treasury.............   143
                None for armies for a longer term than two years......   129
                Propositions for, considered in Committee of the Whole   973
                Senate amendments proposing, may not be agreed to by
                    House conferees under certain conditions..........  1076
                To be made by law.....................................   143

    [[Page [1215]]]

            Committee on.
                Budget Act procedures for, including referral to, of
                    bills providing new entitlement authority.........   745
    Must show, in report on general appropriation bill, effect of any
    provisions changing existing law.................................... 847
    Staff for................................................. 772, 776, 778
                Subcommittee markup of all appropriation bills before
                    report of first regular appropriation bill........   835
                Rescissions of appropriations, jurisdiction over......   716
                Separate headings for rescissions and transfers of
                    unexpended balances required in certain bills and
                    reports...........................................   716
    Sequential referral to, of bills containing new entitlement
    authority exceeding budget resolution allocation........ 1128 (sec. 401)
                Exempted from the former rule proscribing committee
                    sittings during five-minute rule..................   801
                Budget hearings, within 30 days after transmittal of
                    budget............................................   745
                Hearings and reports of, to be available three days
                    (excluding Saturdays, Sundays, and legal holidays)
                    before consideration of appropriation bills.......   852
    Powers and duties concerning appointments, qualifications of staff
                                                          763, 773, 778, 779
                To study existing permanent appropriations with view
                    to reducing.......................................   747
                To study organization and operation of agencies.......   743
            Committees not having jurisdiction of.
                May not report an appropriation.......................  1065
                Point of order may be made at any time................  1065
                Point of order may be made against amendment to Senate
                    amendment.........................................  1065
    Approval.
            Of bills by President.  See also Enrolled bills.
                As to approval of concurrent resolutions by...........   396
                Errors as to..........................................   106
                Notice of.............................................   106
                Of bills, effect of intervening recess on.............   814
                Of joint resolutions..................................   397
                Of orders, resolutions, and votes, as to presentation
                    for...............................................   115
                Parliamentary law as to presenting a bill for the
                    King's assent.....................................   572
                President's approval given by signature...............   104
                Presentation of enrolled bills to.....................   577
                Signing of enrolled bills for presentation to the
                    President.........................................   575

    [[Page [1216]]]

    Time and conditions of signature.......................... 104, 105, 111
    In general...................................................... 73, 621
                Amendment precedes....................................    74
                Place of, in order of business........................   869
    Arid lands.
            Jurisdiction as to irrigation of..........................   732
    Armed Services, Committee on.
            History, jurisdiction and duties of.......................   718
            Special oversight functions of............................   744
    Armies.
            Congress to raise and support.............................   129
            Congress to make rules for................................   131
            No appropriation for a longer term than two years.........   129
            States not to keep troops in time of peace................   148
    Arming.
            Of the militia............................................   133
    Armories.
            Jurisdiction of subjects relating to......................   718
    Arms.
            Right of people to keep and bear..........................   209
    Arms export control.
            expedited procedures................................... 1130(16)
    Army.
            Jurisdiction of bills relating to.........................   718
            Officers in, disqualified as Members......................    98
            President, Commander in Chief of..........................   160
            Trial for crimes in.......................................   212
    Arrest.  See also Absence.
            House releases a Member under.............................   305
            Jefferson's discussion of privilege of Member of Congress
                as to.............................................. 288, 289
            Members liable to, for absence although attending a
                committee with leave to sit...........................   324
            Of Members for absence................................ 1021-1023
            Privileges of Members of Parliament as to......... 287, 305, 307
            Privilege of Senators and Representatives from............90, 91
            Speaker's power to order, doubtful........................   622
    Arsenals.
            Power of Congress over places purchased for...............   134
            Jurisdiction of subjects relating to......................   718
                                                                         727
    Art.
            Works of, duty of Committee on House Administration as to.   724

    [[Page [1217]]]

    Articles of impeachment.  See Impeachment.
    Assaults.
            Arrest and imprisonment in case of, on Member returning...    91
            Members punished for................................. 62-66, 294
            On clerk of a committee in the Capitol a question of
                privilege.............................................   773
            On Members for words spoken in debate.....................    92
            On Members, power of House to punish for..................   294
            Proceedings in cases of, on the floor.....................   367
            Speaker takes Chair to quell disorder from, in Committee
                of the Whole.................................. 331, 332, 622
    Assay offices.
            Jurisdiction of subjects relating to......................   722
    Assembly.
            Of Congress at least once every year.................... 45, 242
            Rights of people as to....................................   208
    Assent.  See Approval.
    Attainder.
            No bill of, to be passed..................................   139
            States not to pass bill of................................   146
            Limitations of, for treason...............................   182
    Attendance.  See also Absence; Quorum.
            Count of Members present to secure a quorum of record.....  1020
            At committee meetings when House is in session............   801
            Jurisdiction of matters relating to.......................   679
            Leave for committee to sit does not release its members
                from, during call of the House........................   324
            Names of absent, reported when quorum fails in Committee
                of the Whole..........................................   982
            Members may be compelled to attend........................ 52-55
            Members privileged from arrest during.................... 90, 91
            Members to be present unless excused......................   671
            Of Commons and House of Representatives at an impeachment
                trial.............................................. 616, 617
            Secured by call of the House................... 1014, 1021, 1025
    Attest.
            Of Clerk on bills, writs..................................   648
    Attire.
            Of Members............................................. 622, 962
    Attorneys.
            Admission of, in investigations...........................   348
            Role in impeachment..................................... 601-620
    Auditing.
            Of accounts against contingent fund (applicable accounts
                of the House).........................................   724

    [[Page [1218]]]

    Authorization of Law.  See Appropriation bills.
    Authors.
            Congress may provide for copyrights for...................   124
    Aviation programs, funding for.
            Point of order............................................ 1064a
    Bail.
            Excessive not to be required..............................   215
    Balanced Budget and Emergency Deficit Control Act.  See Budget.
    Ballot.
            Rule for voting by........................................  1034
            House of Representatives elects President by..............   221
            Members not to remain by Clerk's desk during count of.....   962
            Presidential electors vote, by in several States..........   219
            Record of, in Journal.....................................    72
            Speaker required to vote on...............................   631
    Banking and Financial Services, [now Financial Services] Committee
        on............................................................   722
    Bankruptcy.
            Power of Congress to make laws on.........................   120
            Jurisdiction of bills relating to.........................   730
    Bar, of House.
            Method of examining witnesses at..........................   343
            Trials at, and arraignment of contumacious witnesses at...   344
    Battlefields.
            Jurisdiction of bills relating to.........................   732
    Bells (legislative call system)...................................  1016
    Bicentennial Office of House......................................   669
    Bill of Attainder.
            None to be passed.........................................   139
            States not to pass........................................   146
    Bills.
            Forms, printing, loss, alteration.
                Distinction between a bill and a joint resolution.....   397
                Indorsement of the title on an engrossed bill.........   431
                Loss of...............................................   352
                Improper alteration...................................   352
            Introduction of.
                By request............................................   826
                Commemoratives prohibited.............................   823
                Cosponsorship of public...............................   825
                Cosponsorship of public, more than one Member
                    designated as first sponsor.......................   825
                Fraudulent introduction of............................   821
                Fraudulent introduction of............................   821

    [[Page [1219]]]

    Obsolete provisions as to introduction and readings of.......... 398-400
                Signing of, by chief sponsor..........................   825
            Reference of.
                By Speaker to committees..............................   816
    Committal of, on third reading............................ 494, 916, 994
    Correction of, error of reference......................... 824, 825, 869
                Custody of, in committees.............................   695
                Delivery of bills to committees.......................   403
    House may send to any committee................................ 816, 820
    House bills returned with Senate amendments on a different subject
                                                                    873, 874
                Not to be brought back from committees on motion to
                    reconsider........................................  1011
                Parliamentary law (largely obsolete) as to reference
                    of................................................   401
    Public......................................................... 816, 825
    Recommittal of, to select or standing committees or Committee of
    the Whole.......................................... 420, 994, 1001-1002c
    Referral procedures, multiple referral or referral to ad hoc
    committee...........................................816, 816a, 816b, 820
    With amendments between the Houses... 486, 528-528d, 873, 874, 916, 1002
            Consideration by committees and report.  See Committees.
            In Committee of the Whole.  See also Amendments; Calendar
                Wednesday; Committee of the Whole.
    Consideration of nonprivileged bills, after call of committees..... 882,
                                                                         883
                Construction of the rule requiring consideration in...   973
    Debate in Committee of the Whole................ 948, 957, 978, 979, 987
                Designation of public works, consideration prohibited. 1068a
                Elimination of portions of general appropriation bills  1044
                Forms of going into Committee of the Whole............   328
                General practice as to consideration..................   973
                Old parliamentary usage as to consideration of matters
                    as modified by House rules and practice...........   326
                Order of House to consider certain bills in Committee
                    of the Whole precludes report of others...........   335
                Precedence of revenue and appropriation bills in
                    Committee of the Whole............................   977
                Precedence of motion to go into Committee of the Whole
                    to consider general appropriation bills...........   856
                Question of order on appropriation bills..............  1044
                Reading and amendment under five-minute rule..........   980

    [[Page [1220]]]

    Recommittal of bills to Committee of the Whole........... 420, 988, 1001
                Revenue and appropriation bills considered in
                    Committee of the Whole............................   973
    Subjects not requiring consideration in Committee of the Whole.... 528a,
                                                                         973
                Subjects requiring consideration in Committee of the
                    Whole.............................................   973
                Unfinished business in Committee of the Whole.........   879
                Withdrawal of amendments in Committee of the Whole....   925
            Consideration and amendment in House.
                Action on, in the House after being reported from
                    committee.........................................   423
                Amended after second reading..........................   428
                Amendments of, before third reading...................   497
                Amendments for joining and dividing...................   476
                Amendment to the title of.............................   922
                Amendment to the title of, in ``House as in Committee
                    of the Whole''....................................   427
                As to possession of, by the House.....................   437
                Consideration of a preamble...........................   414
                Consideration of, when reported from Committee of the
                    Whole.............................................   337
                Filling blanks left in by the other House.............   478
                House in perfecting does not agree to paragraph or
                    sections of, individually.........................   456
                Order of considering and amending in the House........   413
                Obsolete requirement as to reading of amendments to...   496
                Parliamentary law as to amendment to the title........   512
                Presumed to have gone through the stages when reported
                    from Committee of the Whole.......................   335
                Prohibition against retroactive income tax rate
                    increase..........................................  1068
                Transposition of sections of, by amendments...........   477
            Reading, engrossment, and passage.
                Reading, engrossment, and passage of..................   941
                First and second readings.............................   942
                Manner of reading a bill the second time..............   428
    Third reading by title after engrossment....................... 941, 943
                Debate in relation to third reading...................   498
                Test of strength on engrossment after amendment.......   429
                Test of strength on a bill before amending............   430
    Obsolete requirements as to third reading and passage.......... 492, 493
                Putting the question on the passage of................   499

    [[Page [1221]]]

                Clerk certifies to passage of all.....................   648
                Question on rejection of, comes indirectly............   484
                Division of, not in order, on vote on engrossment or
                    passage...........................................   921
                Three-fifths vote to increase income tax rates........  1067
                Voting on.............................................   944
                Yeas and nays automatically ordered on appropriation
                    and tax measures and on concurrent resolution on
                    the budget........................................  1033
                Speaker's discretionary authority to postpone further
                    proceedings on the question of passage............  1030
            Effect of rejection or passage of.
                Action on similar bill after rejection................   944
                Once rejected not to be brought up again at the same
                    session...........................................   515
                Exceptions to the rule against bringing up a matter
                    once rejected.....................................   517
                Expedients for changing the effect of bills once
                    passed............................................   516
                Bills not altered after their passage.................   500
                Use of joint resolution to correct error in bill sent
                    to the President..................................   518
                Passage of supplementary bills........................   518
                Obsolete parliamentary practice as to riders..........   495
                Procedure on loss of..................................   352
                Improper alteration of................................   352
            Action of the two Houses on.
    Both Houses pass identical..................................... 873, 944
                Fail when both Houses continue to insist or adhere....   522
                For raising revenue to originate in House.............   102
                From the other House laid on the table................   519
                Information from the other House as to................   520
                Lost when conference report is not acted on...........   549
                Not to be noticed in other House until communicated...   308
                Rejection of, communicated to the other House.........   568
                Votes by which they are passed not communicated.......   567
                When neglected by the other House.....................   570
            Enrollment and presentation to President for approval.
    Enrollment, signing, and presentation to the President for
    approval........................................................ 572-577
    [Former] Duties of Committee on House Administration as to
    enrollment................................................ 577, 724, 754
                Report as to accuracy of enrolled.....................   625
                Reports as to accuracy of enrolled, privileged........   648

    [[Page [1222]]]

                Rule of Parliament as to enrollment...................   573
    Speaker signs enrolled......................................... 624, 625
                Speaker declines to sign enrolled, when motion to
                    reconsider is pending.............................  1007
                Speaker pro tempore signs under conditions............   632
                Speaker's signature vacated...........................   625
    Presented to the President for approval................... 104, 105, 110
                Errors in when sent to the President..................   110
    Become laws without President's approval under conditions....... 111-113
                Effect of recess of Congress before approval..........   814
    Method of approval........................................ 104, 105, 110
    Method of disapproval........................................... 104-109
                Notice of approval....................................   106
                Notice and action as to disapproval...................   104
                When signed by President deposited with Administrator
                    of General Services...............................   105
                When vetoed and passed deposited with Administrator of
                    General Services..................................   109
            Private.  See Private bills.
    Bills of credit.
            States not to emit........................................   146
    Biomedical research and development.
            Jurisdiction of bills relating to.........................   721
    Blanks.
            Rule as to filling by amendment...........................   455
            Amendments, filling as to time............................   475
            Filling those left by the other House.....................   478
            Not counted in vote by ballot.............................  1034
    Blood, corruption of.
            For treason...............................................   182
    Bonded debt.
            Jurisdiction of subjects relating to......................   741
    Books.
            Not to be taken from the Clerk's table during debate......   364
            Jurisdiction of matters relating to purchase of...........   724
    Borrow.
            Power of Congress to borrow money.........................   118
    Botanic Garden.
            Under control of Committees on House Administration and
                Transportation and Infrastructure.................. 724, 739
    Boundary lines.
            Jurisdiction of bills relating to...................... 729, 730

    [[Page [1223]]]

    Bounties.
            Debt incurred for, certain not to be questioned...........   232
    Breach of the peace.
            Members not privileged from arrest for....................90, 91
            Relation of privilege to cases of...................... 305, 306
    Bribery.
            An impeachable offense....................................   173
            Power of House to punish attempts at, on Members....... 293, 294
    Bridges.
            Jurisdiction of bills relating to.........................   739
            Bills for construction of certain banned..................   822
    Broadcasting.
            Press coverage of committee hearings.................... 807-812
            Of House proceedings, rule for............................   684
    Budget.
            Committee on.
    History, composition, jurisdiction, and duties................. 719, 758
                Special oversight functions of........................   748
                Studies and reports required of.......................   748
                Staff for, former rule on appointment of..............   778
                Submissions to, from standing committees..............   756
                Quorum requirements in................................   800
                Exempted from former rule proscribing committee
                    sittings during five-minute rule..................   801
                Privileged reports by.................................   853
            Concurrent resolution on.
                Amendments to must be mathematically consistent and
                    contain certain matter............................   990
    Consideration of........................................ 1127 (sec. 305)
                Considered read after general debate..................   990
    Definition of............................................. 1127 (sec. 3)
    Procedures contained in................................. 1127 (sec. 301)
    Timetable for budget process............................ 1127 (sec. 300)
                Yeas and nays automatically ordered...................  1033
            Congressional budget process.
    Definitions............................................... 1127 (sec. 3)
    Timetable............................................... 1127 (sec. 300)
    Advance budget and revenue authority ineligible for consideration
    before adoption of concurrent resolution................ 1127 (sec. 303)
                Budget Committee must handle budget legislation.......  1127
                                                                  (sec. 306)
    Appropriation bills reported before June 10............. 1127 (sec. 307)
    July adjournment not in order--
                    Until House passes appropriation bills....... 1127 (sec.
                                                                        309)
                    Until reconciliation legislation completed... 1127 (sec.
                                                                        310)

    [[Page [1224]]]

    Reports, summarized projections......................... 1127 (sec. 308)
    Reconciliation process.................................. 1127 (sec. 310)
    Budget authority and revenue legislation to be within appropriate
    limits.................................................. 1127 (sec. 311)
                Rule establishing public debt limit as part of, rule
                    for...............................................  1104
            Provisions to improve fiscal procedures.
    Bills providing certain entitlement authority may not be
    considered.............................................. 1128 (sec. 401)
    Certain bills providing entitlement authority to be referred to
    Committee on Appropriations........................ 747, 1128 (sec. 401)
    Cost estimate by Congressional Budget Office............ 1128 (sec. 407)
                Balanced Budget and Emergency Deficit Control Act.....  1128
                Budget Enforcement Act of 1990........................  1129
            Generally.
                Hearings on by Appropriations Committee...............   746
                Budget Act procedures by Appropriations Committee.....   747
                Emergency designations in appropriation bills.........  1041
                Year-ahead requests for new budget authority..........  1129
                Program review and evaluation.........................  1010
                Transmittal of budget by President....................   169
    Congressional Budget Office, functions of... 748, 845, 1081, 1119, 1127,
                                                                        1128
            Impoundment Control Act and line item veto authority.
    Line item veto authority....................................... 1130(6b)
    Procedures on rescission bills and impoundment resolutions..... 1130(6a)
    Buildings, office.
            Assignment of rooms in....................................  1114
    Buildings, public.
            Appropriations for, as in continuance of a public work.... 1037,
                                                                        1050
            Power of Congress over places purchased for...............   134
            Jurisdiction as to, generally.............................   739
            Jurisdiction as to buildings abroad.......................   729
            Jurisdiction as to marine hospitals.......................   721
            Jurisdiction of bills for penitentiaries..................   730
    Burden of proof.
            On proponent of amendment, as to germaneness..............   928
            On those proposing items in a general appropriation bill..  1044
    Business.  See also Order of business.
            In general.
                As related to election of Clerk.......................    30
    May be transacted only by quorum............................ 52, 55, 510
                Not transacted before approval of Journal.............   621

    [[Page [1225]]]

                Parliamentary law as to that pending at the end of a
                    session...........................................   592
                Obsolete law as to, at end of a session...............   385
                Resumption of business of a preceding session of
                    Congress..........................................   814
            Order of.
                Jurisdiction of matters relating to...................   733
            Unfinished.  See Unfinished business.
    Cabinet.
            Majority of and Vice President to determine Presidential
                inability.............................................   255
            President may require opinions from members of............   161
            Of President, gallery for use of..........................   682
    Calendar Wednesday.
            Rule for order of business on.............................   900
            Business of, protected by two-thirds vote.................   857
            In order to consider President's veto.....................   901
            One committee can occupy but one day, except for
                unfinished business, until other committees called....   901
            Previous question ordered on bill undisposed of on Tuesday
                comes up as unfinished business Thursday..............   901
            Privilege of general appropriation bills limited on.... 856, 901
    Calendars.
            Corrections Calendar,  see Corrections Calendar.
            The three for reports of committees.......................   828
            Adverse reports........................................ 832, 893
            For motions to discharge committees.................... 830, 892
            Former, for unanimous consent and decisions...............   899
            Nonprivileged reports filed with the Clerk for reference
                to....................................................   831
            Of Committee of the Whole, order of taking up bills on....   977
            Publication and distribution of...........................   649
    Call of committees.
            In order on Calendar Wednesday............................   900
            Business on Calendar Wednesday protected by two-thirds
                vote..................................................   857
            Interruption of, for consideration of nonprivileged bills
                in Committee of the Whole.......................... 882, 883
            Place of, in order of business............................   869
            Rule and practice for consideration of bills during.... 880, 881
            Unfinished business in.................................. 876-879
    Call of the House.  See also Absence.
            Motion for, in order in absence of quorum.................    55
            After previous question is ordered........................  1029
            Arrest of Members.................................... 1021, 1023
            Call of the House.................................... 1025, 1026
            Call of the House in the old form..................... 1021-1024

    [[Page [1226]]]

            Clerks to tell Members present............................  1025
            Count of those not voting to make a quorum of record on a
                record vote...........................................  1020
            Dispensing with, after quorum appears................ 1025, 1028
            Electronic equipment for..................................  1014
            Motions during a call of the House........................  1024
            Ordering  and  conducting  the  call  of  the  House  in
                the  old form.........................................  1022
            Power to compel attendance................................52, 55
            Rule of Parliament as to..................................   311
            Speaker may recognize for motion for at any time..........  1028
    Call to order.
            For disorder in debate................................. 960, 961
            May interrupt Member having floor.........................   393
    Campaign contributions.
            Jurisdiction of matters relating to.......................   724
            Prohibition on distribution of in Hall of House...........   683
    Canals.
            Jurisdiction of matters relating to Panama Canal and the
                maintenance of........................................   718
            Jurisdiction of committees as to..........................   739
    Canals, interoceanic.
            Jurisdiction of matters relating to.......................   718
    Capitation tax.
            To be in proportion to census.............................   140
    Capitol.
            Speaker's control of House wing of........................   623
            Architect of, admitted to floor of the House..............   678
            Jurisdiction as to matters relating to building...........   739
            Preservation Commission................................... 1125a
            Police, duties of Sergeant-at-Arms as to..................   656
    Captures.
            Congress to make rules concerning.........................   127
    Caucus.
            Held in Hall of House.....................................   677
            Party caucuses nominate Members for election to standing
                committees............................................   757
            Majority caucus nominates chairmen of standing committees.   761
            Membership is required for committee membership........ 760, 782
            Early organizational......................................  1126
    Celebrations.
            Jurisdiction of matters relating to.......................   723
    Cemeteries, national.
            Jurisdiction of bills relating to...................... 732, 740

    [[Page [1227]]]

    Censure.
            Course of a Member, when subject of debate as to..........   375
            For assault on Member for words spoken in debate..........    94
            Instances of..............................................    65
            Of a Delegate.............................................   675
            Of a counsel before investigating committees..............   803
            Of Member when called to order in debate............... 960, 961
            Procedure of punishment by................................    65
            Punishment for personalities in debate....................   363
            Reprimand.................................................    64
            Speaker not to administer, of own authority...............   622
    Census.
            Taken as basis of apportionment...........................    15
            Capitation or direct taxes to be proportioned to..........   140
            Jurisdiction of subjects relating to......................   723
    Ceremonies.
            As to participation of the House in.................... 387, 388
            Use of Hall of the House for..............................   677
    Certificates.
            Of the electoral vote, transmittal and opening......... 151, 219
            Currency, jurisdiction of subjects relating to............   722
    Chair.
            Speaker takes it at hour of meeting, not waiting for
                ascertainment of a quorum.......................... 310, 621
            Speaker takes, to restore order in Committee of the Whole.   622
            To  be  addressed  when  a  Member  desires  to  interrupt
                 in debate............................................   364
    Chairmen.
            Of standing or select committee.
    Of standing committees elected by the House.................... 317, 761
    Administers oaths to witnesses............................ 343, 346, 805
    Duties relating to appointment, qualification, compensation of
    staff...................................................... 767, 771-781
                May be delegated power to issue subpoenas.............   805
                Presides over committee...............................   317
                Prior claim of, to recognition........................   953
                Procedure of, in investigations.......................   803
                Procedure of, in submitting reports from standing or
                    select committees.................................   418
                Reports to the House by, must be made promptly........   834
                Resignation of, presents question of privilege........   699
                Signs subpoenas issued by committee (or subcommittee).   805
                Speaker appoints, of select and conference committees.   637
                Term limits for committee and subcommittee............   761
    Usually reports from a standing or select committee............ 317, 415
                Vacancy in the position of............................   761

    [[Page [1228]]]

                Vice chairman presides in absence of..................   793
            Of subcommittees.
                Former authority to appoint staff.....................   767
            Of Committee of the Whole.
    Selection of................................................... 327, 970
                Seating of............................................   328
    Administers oaths to witnesses................................. 343, 346
                Always reports from Committee of the Whole............   415
                Causes roll to be called on failure of a quorum and
                    reports unless proceedings are vacated............   982
                Functions of..........................................   971
                Power to preserve order...............................   970
                Report of, alone recognized...........................   335
            Of joint committee.
                Of a joint committee..................................   325
    Challenge.
            Of the right of a Member to take the oath.............. 202, 203
    Chaplain.
            Election and oath of......................................   640
            Offers prayer.......................................... 640, 665
            Place in order of business of prayer by...................   869
    Charges.
            Against a Member or Senator in course of an inquiry..... 321-323
            Course of Member when charges against himself are debated.   375
    Chief Administrative Officer.
            Election, oath, and removal of............................   640
            Duties of.................................................   661
            Duty to cooperate in the performance of reviews and audits   663
            Financial and operational reports to Committee on House
                Administration........................................   662
    Chief Justice.
            Pay of....................................................    86
            Role in impeachment proceedings............ 608a, 615, 615a, 618
    Citizens.
            Limitations on suits of, against States...................   218
            Of the United States and the several States...............   225
            Of States, judicial power extends to cases affecting
                certain...............................................   178
            Privileges and immunities not to be abridged..............   225
            Privileges and immunities of, in States other than their
                own...................................................   184
            Right to vote of those eighteen years of age or older.....   257
            Those of the United States as to voting...................   234
    Citizenship.
            As qualification of Representative........................ 9, 10
            As qualification of a Senator.............................    35

    [[Page [1229]]]

            As a qualification of the President of the United States..   154
            Reference to, as a qualification for suffrage.............   226
    Civil aviation.
            Jurisdiction over subjects related to generally...........   739
            Jurisdiction over research and development................   735
    Civil law.
            Jurisdiction of subjects relating to......................   730
    Civil offices.
            May be removed by impeachment.............................   173
            Members not to be appointed to certain....................    96
    Civil Service.
            Jurisdiction over all Federal Civil Service, including
                intergovernmental personnel...........................   723
    Claims.
            In general.
                Amendments proposing settlement of certain, banned....   822
                Bills for settlement of certain, banned...............   822
                Authorization of payment of, on general appropriation
                    bills.............................................  1046
                Bills referring to Court of Claims considered in
                    Committee of the Whole............................   973
                Consideration of, on Tuesdays.........................   895
                Constitution not to prejudice certain.................   188
                Ex-Members interested in, not admitted to the floor...   678
                Jurisdiction of, generally............................   730
                Jurisdiction of war claims............................   730
                Jurisdiction of, paid from Indian funds...............   732
                Jurisdiction of private land claims...................   732
                Jurisdiction as to certain foreign....................   729
                Jurisdiction of, against the United States............   730
                Jurisdiction relating to international and other......   729
                Reference of bills for private, restricted to certain
                    committees........................................   817
                Relation of officers and employees of House to........  1102
                Those for slaves not to be paid.......................   232
                Withdrawal of papers relating to......................   696
    Claims, Court of.
            Status of reports of, on the calendars....................   828
    Classes.
            Of Senators...............................................    33
    Classified information.  See Information.
    Clerical staff of committees.  See Committee staffs.
    Clerk.
            Election and oath of.
                Election, oath, and removal of........................   640

    [[Page [1230]]]

                Election of, as related to business and adoption of
                    rules.............................................30, 59
                Oath administered to, by Speaker......................   198
                In absence of, designated official acts...............   651
            Duties at organization of House.
                Continues in office until successor is elected........   642
                Duties of, at organization of the House...............   643
                Makes up the roll for organization....................   644
    Officiates at election of Speaker.............................. 312, 643
                Sergeant-at-Arms maintains order under direction of,
                    pending election of Speaker.......................   648
            Legislative duties of.
                Allowing no papers to be taken from the table or out
                    of his custody....................................   352
                Amending section numbers of a bill....................   479
                Announcing pairs......................................  1031
                Attesting and sealing writs, warrants, subpoenas......   648
                Authority to receive messages from the President and
                    the Senate at any time House is not in session....   652
                Calendars, publication and distribution of............   649
    Call of the House............................................ 1021, 1025
                Calling the roll......................................  1015
                Certifying to passage of bills........................   648
                Collecting and transferring noncurrent records........   695
                Committees formerly to make accounting of funds to....   780
                Copies of amendments offered in Committee of the Whole   978
                Custody of committee papers...........................   695
                Custody of oath not to disclose classified information  1095
                Delivering resolutions of inquiry.....................   865
                Distribution of Journal and documents.................   647
                Former insertions in the Congressional Record relating
                    to committee staff................................   780
                Engrossment and enrollment of bills...................   648
                Introduction of bills.................................   818
                Making no changes in enrolling a bill.................   573
                Motions to discharge committees.......................   892
                Noting Members to make a quorum on a vote of record...  1020
                Noting questions of order with the decisions in the
                    Journal...........................................   647
                Papers on file........................................   696
                Placing bills on Corrections Calendar.................   898
                Reading motions.......................................   904
                Referring nonprivileged reports to calendars..........   831
                Stands while he reads.................................   428
                Taking a vote by clerk tellers........................  1012

    [[Page [1231]]]

                Taking a vote by the yeas and nays....................   504
            Executive duties of.
                Administration of vacant Member's office..............   653
                As member of Federal Elections Commission.............   642
                Delivery of documents.................................   650
                Deposits noncurrent records with General Services
                    Administration....................................   695
                Discretionary authority as to printing................   642
                Duty to furnish to Members list of certain reports....   646
                Duty to cooperate in the performance of reviews and
                    audits............................................   655
                Duty under the gift rule..............................  1100
                Financial and operational reports to Committee on
                    House Administration..............................   654
                Formerly kept contingent and stationery accounts and
                    furnished stationery..............................   642
                Formerly made certain contracts.......................   642
                Maintains House library...............................   650
                Maintains list of Members to act as Speaker pro
                    tempore in the case of vacancy in Office of the
                    Speaker...........................................   632
                Role in payment of officers and employees.............   642
                Receives testimony taken in election cases............   642
    Clerks.
            Of Members, allowance for.................................    88
            Of committees,  see Committee staffs.
            Of Speaker, Leaders, and Whips............................    88
    Clerk's desk (or table).
            Disorderly words taken down at......................... 960, 961
            Members may address the House from........................   945
            Members not to write at, or take books or papers from,
                during debate.........................................   364
            No Member to remain near, during record vote..............   962
    Cloakrooms.
            Exclusion of persons from.................................   921
    Closing debate.  See Debate.
    Coast Guard.
            Jurisdiction of matters relating to.......................   739
            Bills to correct certain discharge records banned.........   822
    Coast Guard Academy.
            Jurisdiction of matters relating to.......................   739
    Coastal zone management.
            Jurisdiction over subjects related to.................. 732, 739

    [[Page [1232]]]

    Code of Official Conduct.  See Official conduct.
    Codification.
            Of laws, jurisdiction of, bills for.......................   730
    Coexisting questions.  See Questions.
    Coin.
            Congress to regulate value of.............................   121
            Congress may provide punishment for counterfeiting the....   122
            States to make gold and silver only a tender for payment
                of debts..............................................   146
            Power of Congress relating to coinage (including foreign).   121
            Jurisdiction of subjects relating to......................   722
    Colleges, agricultural.
            Jurisdiction of bills relating to.........................   715
    Comfort.
            To enemies of the United States........................ 181, 232
    Commander in Chief.  See President.
    Commemoratives prohibited.........................................   823
    Commerce.
            Energy and Commerce, Committee on.........................   721
            Jurisdiction of subjects relating to financial aid to.....   722
            Jurisdiction of subjects relating to, with foreign nations   729
            Power of Congress to regulate.............................   119
            No regulation shall give preferences to any ports.........   142
    Commissions.
            Congressional Mailing Standards...........................  1113
            House Office Building.....................................  1114
            U.S. Capitol Preservation................................. 1125a
            President to issue, to officers...........................   172
            For recess appointments of the President..................   167
            Created by law, to sit in a recess after expiration of a
                Congress..............................................   589
            Places on, not incompatible offices.......................    98
            Primary and supplemental expense resolutions for..........   763
    Commit, motion to.  See also Recommit.
            Precedence and use of.
    Precedence and general conditions of............... 911, 916, 1001-1002c
    Debate on motion to, with instructions........................ 917, 1002
    Relation of, to early use of the previous question............. 448, 449
                Has precedence of motion to amend.....................   449
    Instructions with............................................ 917, 1002b
                May not be postponed..................................   451
                Not to be suppressed by another privileged motion.....   450
                Not used in Committee of the Whole....................   916
                Repetition of.........................................   918
                Use of................................................   446

    [[Page [1233]]]

            Application of, to bills.
    After previous question ordered, Committee on Rules limited as to
                                                                   857, 1001
    After previous question ordered......................... 994, 1001, 1002
                In order as to bill on third reading..................   494
                Method of dividing a bill by, with instructions.......   476
                Not applied to reports from Committee on Rules pending
                    previous question.................................   857
    Opposition have preference in recognition for, after previous
    question is ordered......................................... 1001, 1002c
    Ten minutes debate permitted on motion to recommit with
    instructions on bill or joint resolution.................... 1001, 1002a
    On bills with amendments between Houses...... 486, 528b, 528d, 916, 1002
    Committee of the Whole.
            In general.
                House may attend impeachment trial in.................   617
                No control over admission to floor....................   678
    Powers and privileges of Delegates and Resident Commissioner in.... 675,
                                                                         970
    Procedure of the House as in.................................... 424-427
                Rare case of investigation conducted by...............   343
                Relations of, to the Congressional Record.............   688
                Two continuing committees of..........................   332
            Chairman of.
                Chairman preserves order..............................   970
                Functions of..........................................   971
                Discretionary authority as to quorum calls............   982
    Discretionary authority as to five-minute votes on questions in
    sequence...................................................... 984, 1032
                Parliamentary method of selecting.....................   327
                Selection of Chairman.................................   970
            Quorum of.
    Quorum of...................................................... 329, 982
    Call of, by electronic device or clerks....................... 982, 1019
                When failure of may be raised.........................   982
                Rising and reports as related to quorum...............   983
                Short or notice quorum call at discretion of Chairman.   982
            Sitting, rising.
                Former automatic de novo vote in House where
                    Delegates' votes decisive.........................   985
    Informal rising to receive a message........................... 330, 563
                Informal rising for signing of enrolled bill..........   625
                May take a recess only with consent of the House......   586
    Motion to rise privileged...................................... 334, 983

    [[Page [1234]]]

                Motion to rise not in order during time yielded for
                    general debate....................................   979
                Motion to rise prior amendments offered after reading
                    of general appropriation bills....................  1040
                Report from Committee on Rules not in order after
                    House votes to go into............................   857
                Rising after disorder in..............................   331
    Rising when a quorum fails............................... 982, 983, 1027
    Rising with unfinished business................................ 333, 334
            Motions to go into.
                Form of...............................................   328
                Privileged motion to go into, to consider and general
                    appropriation bills...............................   856
    Consideration of nonprivileged bills in, after call of, committees
                                                                    882, 883
                Nonprivileged public bills in, considered on Calendar
                    Wednesday.........................................   900
                Place in order of business for motions to consider
                    nonprivileged bills in............................   869
                Speaker's declaration into............................   972
            Subjects considered in.
                Subjects requiring consideration in...................   973
                As to origination of business in......................   412
                Bill must show on face falls within the rule..........   973
                Conference report not referred to.....................   550
                Construction of the rule requiring consideration in...   973
                Elimination of portions of general appropriation bills
                    by................................................  1044
                General practice as to consideration in...............   973
                Old parliamentary usage as to consideration of matters
                    in, as modified by House rules and practice.......   326
                Questions of order on appropriation bill in...........  1044
    Recommittal of bills to................................. 420, 1001-1002c
    Reference of Senate bills from Speaker's table to.............. 873, 874
    Senate amendments considered in.............................. 1072, 1073
    Subjects not requiring consideration in....................... 528a, 973
            Procedure in, as to motions.
                Amendments not to be withdrawn in.....................   925
    Application of House rules to.................................. 340, 992
                Five-minute recorded vote in, immediately following
                    quorum call.......................................   982
    Five-minute recorded votes in, on questions in sequence....... 984, 1032
                Unanimous consent to modify special orders entertained
                    in................................................   993

    [[Page [1235]]]

    Motions for previous question and to adjourn not used in...... 333, 912,
                                                                         995
                Motion to reconsider not in order in..................  1003
    Recorded vote in....................................... 1012, 1030, 1032
    Relations of motion to strike out enacting words to............ 988, 990
                Yeas and nays not taken in............................    76
            Debate in.
                Closing the five-minute debate........................   987
                General debate in.....................................   978
                Hour rule of debate applicable to.....................   957
                Motion to close general debate........................   979
                Relevancy of debate in................................   948
                Ten minutes debate on amendments submitted in advance
                    and printed in Record.............................   987
            Reading in.  See also Amendments.
                Reading of bill in....................................   942
                Reading of concurrent resolution on the budget in.....   990
            Order of business in.
                Order of business in..................................   977
                Calendars for the business of.........................   828
                Unfinished business in................................   879
            Reports of, and consideration in House.
                Action of the House on amendment reported from........   423
    Amendments of, considered in the House......................... 336, 337
                Bills from, considered in the House...................   338
                Discharge of..........................................   339
                Duties of Speaker and House as to reception of reports
                    of................................................   335
                Former automatic de novo votes in House where
                    Delegates' votes decisive in Committee of the
                    Whole.............................................   985
                Recommitted when report ruled out by House............   335
    Parliamentary law as to reports from........................... 334, 983
            Disorder in.
    Action in case of disorderly words in.......................... 960, 961
    Disorderly words taken down in, reported to the House..... 369, 960, 961
    Effect of breaking up of, by disorder.......................... 332, 622
                Quarrels in, and duty of the Speaker as to............   331
                Questions of privilege in.............................   667
                Sergeant-at-Arms enforces order in....................   648
                Speaker restores order in.............................   622
    Committee staffs.
            Admitted to floor of House under certain conditions.......   678
            Consultants and training.............................. 774, 1095

    [[Page [1236]]]

            Subcommittee staff appointments formerly by chairman and
                ranking minority member...............................   767
            Expense resolution for committee staffs................... 763-d
            Former clerical/professional staff distinction.............. 779
            Former professional/investigative staff distinction.......   777
            Interrogation of witnesses................................   802
            Staff of committees, number and appointment........ 767, 771-781
            Reduction in staff for 104th Congress....................... 773
            Minority staff.................................... 767, 773, 779
            Staff duties..............................................   773
            Associate or shared staff.............................. 776, 779
            Duties of House Administration as to......... 724, 773, 776, 779
            Duties as to papers.......................................   695
            Former reports on staff...................................   780
            Printed amendments submitted to...........................   986
            Rate of pay for...........................................   777
            Staff for Committees on Appropriations and (formerly)
                Budget............................................. 776, 778
            Permission of Committee on House Administration required
                for appointment of staff from Governmental agencies...   779
            Nonpartisan staff.........................................   780
    Committee stenographers.
            Appointment of............................................   685
    Committees.
            Constitution and election of.
    Appointment of Members under indictment or conviction to....... 305, 306
                Clerks of,  see Committee staffs.
                Delegates and Resident Commissioner may vote in.......   675
                Election of, by ballot................................  1034
                Establishment of subcommittees limited................   762
                Former rule regarding election of ranking minority
                    member to Budget Committee........................   719
    General power of Delegates and Resident Commissioner in........ 675, 676
                House elects the standing committees on nominations by
                    caucuses..........................................   757
                Member-elect may be appointed on, before taking the
                    oath..............................................   300
                Members' committee assignments limited................   760
                Membership on, contingent upon membership in party
                    caucus............................................   760
    Names and number of the standing................................ 714-741
                Old and modern requirements as to constitution of.....   402
                Select committees,  see Select committees.
    Rules and practice as to the appointment of.................... 317, 757

    [[Page [1237]]]

                Selection of chairmen of select and of standing
                    committees........................................   761
                Serve through a Congress..............................   317
    Service of Resident Commissioner and Delegates on.............. 675, 676
    Speaker appoints select and conference committees.............. 637, 782
                Subcommittees limited.................................   762
                Term limits for chairmen of committees and
                    subcommittees.....................................   761
                Vacancies in, filled by election by House.............   762
                Vice chairman of......................................   793
            Jurisdiction of, and reference to.
    For jurisdiction and history of, individually,  see Jurisdiction.
                Act only on matters referred to them..................   412
                Bills not to be brought back from, on motion to
                    reconsider........................................  1011
                Commemoratives prohibited.............................   823
                Delivery of bills to..................................   403
                Duty of, in case of recommittal with instructions.....   420
    Functions of, in correcting errors of reference of bills....... 824, 825
                Jurisdiction as to creation, and duties of............   733
                Jurisdiction of, as affected by errors in reference of
                    bills.............................................  824,
                                                                         825
                Nearly all business of the House considered in........   446
                Papers not read in House on ordinary reference to.....   436
                Parliamentary law (largely obsolete) as to reference
                    of bills to.......................................   401
                Private claims to be referred to certain..............   817
                Private claims bills banned in certain cases..........   822
                Receive petitions only through the House..............   320
                Recommittal to select or standing, or of the Whole....   420
    Referral of bills and other matters, procedures for............ 816-816b
            Sittings and procedure of.
                Additional and special meetings.......................   793
    Broadcasting and press coverage of meetings and hearings........ 807-812
                Clerks of,  see Committee staffs.
                Debate in.............................................   318
    Decorum in................................................ 369, 787, 803
    Executive sessions of..................................... 796, 798, 803
                Intelligence, Select Committee on, special procedures
                    for...............................................   785
                May be empowered to sit during recesses of a Congress.   589
    May only act when together................................ 407, 793, 799
    Former rule proscribing sitting during five-minute rule........ 324, 801
    Meetings and action of..................................... 408, 793-805

    [[Page [1238]]]

                Meeting when chairman fails to call...................   793
    Meetings open to public........................................ 746, 798
                Method of voting amendments to a bill in..............   417
                Noting amendments to bill in committee................   417
                Parliamentary law governing consideration of bills in.   412
                Power of, over body and title of a bill...............   411
                Power to sit and act..................................   805
                Presence of Member of the House in a select...........   410
    Procedure in generally......................................... 427, 792
                Proxy voting prohibited...............................   797
    Quorum of a select or standing.................. 343, 409, 799, 800, 805
    Quorum must be present when perjurious testimony is given to
    support charge of perjury................................. 343, 409, 800
                Quorum to release testimony received in executive
                    session...........................................   803
                Quorum for taking testimony...........................   800
                Quorum for reporting a measure........................   799
    Quorum for issuing a subpoena.................................. 343, 805
    Vice chairman or ranking member presides in absence of chairman.... 761,
                                                                         793
                Reading of investigative or oversight reports waived..   788
                Recess of a committee.................................   787
                Reconsideration of a vote in..........................   416
                Record of actions by, to be kept......................   794
                Regular meetings......................................   793
                Rise when the House sits unless leave be given to
                    remain sitting (obsolete).........................   324
                Rules of committee same as House......................   787
                Rules of committees must be written and published in
                    Record............................................   791
    Secrecy of procedure...................................... 319, 798, 803
                Subcommittees subject to direction of full committee..   787
                Subpoena power........................................   805
                Time of hearings and subject matter to be placed in
                    daily Congressional Record and entered into
                    committee scheduling service of House Information
                    Resources.........................................   798
                Transcripts of meetings and hearings paid from
                    contingent fund (applicable accounts of the House)   789
                Vice chairman.........................................   793
                Votes in, available for inspection....................   794
                Witnesses before committees,  see Witnesses.
            Hearings.
                Exclusion of Members and public from..................   798
                Five-minute rule when examining witnesses in..........   802

    [[Page [1239]]]

                On appropriation bills hearings and reports to be
                    available three days in advance of consideration..   852
    Rules to be adhered to in................................. 746, 798, 803
    Broadcasting and press coverage of.............................. 807-812
                Executive hearings open to noncommittee Members.......   798
    Hearings open to public................................... 746, 798, 803
                Hearings to be preserved in Library of Congress.......  1107
                Notice requirement for hearings.......................   798
                Five-minute rule applicable during interrogation of
                    witnesses.........................................   802
    Quorum must be present when perjurious testimony is given to
    support charge of perjury................................. 343, 409, 800
                Quorum to release testimony received in executive
                    session...........................................   803
                Quorum for taking testimony...........................   800
    Quorum to close hearing to discuss or receive certain testimony or
    evidence....................................................... 798, 803
            Reports of, generally.
                Action of the House on amendments reported from.......   423
                Action of the House on reports from...................   422
                Activities report.....................................   790
    Adverse......................................... 831, 832, 853, 861, 893
    Adverse reports from Committee on Rules........................ 861, 893
                Amendments reported by, should be germane.............   928
    Authorization, signing, and validity of..... 407, 408, 415, 799, 831-852
                Availability in electronic form.......................   796
    Availability of, prior to floor consideration.................. 850, 851
    By whom made......................................... 317, 834, 804, 850
    Calendars on which reports of, await action of the House........ 828-899
                Calling up reports made in order by adoption of a
                    resolution by the House...........................   862
    Direction of, for making its report....................... 317, 415, 845
    Filing of, by chairman or majority..............................834, 835
                From Committee on Rules, not divisible................   919
                Hearings and reports of Appropriations Committee to be
                    available three days in advance of consideration
                    of bills..........................................   852
                Joint Economic Committee, report of...................  1108
                Layover requirements..................................   850
                Limitations on reports from Committee on Rules........   857
                Origin and effect of the rule giving privilege to
                    certain reports...................................   854
    Placing adverse reports on the Calendars............. 853, 861, 832, 893
                Practice as to reading reports of, in the House.......   435

    [[Page [1240]]]

                Prior claim of Member in charge of bill to recognition   953
                Prior right of Members of, to recognition for debate..   955
    Privileged reports of........................................... 853-868
                Privilege of individual committees to report..........   855
                Privilege of reports from Committee on Rules..........   857
    Recommittal of................................ 405, 420, 917, 1001-1002c
                Reports to the House must be made promptly............   834
                Restriction on reporting bill containing an
                    appropriation.....................................  1065
                Select committee, report of...........................   419
                Speaker does not decide on sufficiency of.............   628
    Submitting reports............................................. 317, 418
                Single volume.........................................   837
    Supplemental, filing of........................................ 804, 838
            Reports, contents required in.
                    Appropriations Committee reports on general
                        appropriation bills must state effect of any
                        provision changing existing law...............   847
                    Congressional Accountability Act, requirements
                        under.........................................   842
                    Constitutional authority statement................   841
                    Cover must reflect inclusion of certain matters...   804
                    Former ``Dynamic estimate'' of changes in revenues
                        expected to result from enactment of ``major''
                        tax legislation (discretionary)...............   849
                    Macroeconomic analyses of tax proposals...........   849
                    Estimate of cost..................................   844
                    Estimate and comparison of Congressional Budget
                        Office........................................   840
                    Estimate and comparison of funding levels...... 840, 844
                    Filing after hours if views.......................   788
                    Former reporting requirement relating to committee
                        staff.........................................   780
                    General performance goals and objectives..........   840
                    Investigative and oversight reports considered as
                        read..........................................   788
                    Joint reports.....................................   788
                    Minority, supplemental, and additional views....... 804,
                                                               831, 833, 836
                    New budget authority and tax expenditures,
                        statement as to...............................   840
                    Obsolete provision for directing a committee to
                        withdraw and report...........................   404
                    Oversight findings and recommendations......... 742, 840
                    Oversight findings and recommendations of
                        Committee on Government Reform.................. 749

    [[Page [1241]]]

                    Report on bills amending or repealing statutes
                        must show by typographical device parts of
                        statute affected..............................   846
                    Rules Committee reports on resolutions repealing
                        or amending Rules of the House must show by
                        typographical device parts of Rules affected..   848
                    Resolutions of inquiry, requirements for reports
                        of.......................................... 864-867
                    Tax complexity................................ 849, 1092
                    Unfunded Mandates................... 790, 843, 845, 1127
                    Vote totals and names on amendments and motion to
                        report........................................   839
                To be in writing and to be printed....................   833
            Oversight functions.
                Ad hoc oversight committees...........................   743
    General oversight by committees as to laws within their
    jurisdiction.................................................... 742-743
                General oversight findings and recommendations to be
                    included in reports...............................   840
                Establishment of oversight subcommittees required.....   743
                Oversight of Committee on Government Reform...........   743
    Former requirement that oversight findings of Committee on
    Government Reform be included in each committee's reports...... 749, 840
                Oversight plans submitted to Committees on Government
                    Reform and House Administration...................   743
    General oversight of Committee on Appropriations............... 742, 743
                Special oversight functions of Committees on Armed
                    Services, Budget, Education and the Workforce,
                    Energy and Commerce, International Relations,
                    Resources, Science, and Small Business............   744
                Additional functions of committees....................   745
                Budget hearings.......................................   746
    Budget Act procedures......................................... 747, 1127
                Budget Committee, additional functions of.............   748
                Government Reform Committee, additional functions of..   749
                Requirement for oversight subcommittee................   743
            Discharge, instructions.
    Motion to discharge and instruct............................... 406, 892
                Motion to discharge from consideration of vetoed bill.   108
    Motion to discharge under certain public laws...................... 1130
                Obsolete provision for direction to withdraw and bring
                    back a bill.......................................   404
                Recommittal with directions to report forthwith.......   405

    [[Page [1242]]]

                Speaker usually does not judge of fidelity of, to
                    instructions......................................   628
            Call of.
                Place of, in order of business........................   869
                Business on Calendar Wednesday protected by two-thirds
                    vote..............................................   857
                Calendar Wednesday....................................   900
                Morning hour..........................................   880
            In general.
                Availability of publications in electronic form.......   796
                Conferences held by means of select joint.............   532
                Correction of error in Journal by.....................   583
                Custody of papers of..................................   695
    Duties of, as to resolutions of inquiry........................ 864, 867
                Establishment of subcommittees limited................   762
                Expenses of, primary, additional, and interim funding.   768
                Exception to initial funding..........................   766
                Points of order in House against committee procedure..   798
                Records of, to be accessible to all Members...........   796
                Reference in debate to proceedings of.................   360
                Rights as to motions to suspend the rules.............   885
                Verbatim meeting and hearing transcripts..............   794
            Staff of.  See Committee staffs.
    Committees, joint.
            Authorized by concurrent resolutions......................   396
            Number and functions of............................... 1108-1113
            Authorized by concurrent resolutions......................   396
            Compliance with clause 2(a) of rule XI....................   783
            Conferences held by means of..............................   532
            Expiration of select......................................   419
            Taxation, formerly rendered ``dynamic estimate'' on
                ``major'' tax legislation.............................   849
            Taxation, renders ``macroeconomic analyses'' of tax
                proposals.............................................   849
            Membership on contingent on party membership..............   782
            Quorum, chairman, and voting in...........................   325
    Commodities exchanges.
            Jurisdiction of subjects related to.......................   715
    Common defense.
            Power of Congress to provide for..........................   117
    Common fame.
            As a ground for impeachment...............................   605
            As foundation for investigation...........................   341
    Common law.
            Jury trial for suits at...................................   214

    [[Page [1243]]]

            Rules of, in courts.......................................   214
    Communications.
            Rule for reference of............................. 816, 873, 874
            Executive, transmission of, to House......................   827
    Compacts.
            States not to make, without consent of Congress...........   148
            Jurisdiction of, over interstate, generally...............   730
            Jurisdiction of, relating to apportionment of waters for
                irrigation purposes...................................   732
            Jurisdiction of, over interstate energy...................   721
    Compensation.  See also Pay.
            For private property taken for public use.................   212
            Of spouses of Members and employees.......................  1095
    Compliance, Office of.  See Congressional accountability.
    Compulsory process.
            For obtaining witnesses...................................   213
    Concur, motion to.  See also Agree, motion to.
            Relative to striking out enacting words...................   988
    Concurrent resolutions.
            Nature and use of.........................................   396
            As to approval of, by the President.......................   396
            Adjournment for more than three days by...................    84
            On the budget.................................... 719, 990, 1127
            Congressional disapproval provisions utilizing............  1130
    Confederation.
            Validity of debts of......................................   194
            States not to make........................................   146
    Conferees.  See Conferences.
    Conferences.
            Objects and nature of.
                By means of select committees.........................   532
                Effect of recess of Congress on.......................   814
                Free and simple in modern practice....................   540
                Free or instructed....................................   557
                Over matters other than differences as to amendments..   531
                Obsolete provision as to conference on first reading..   559
                Parliamentary law as to free and simple...............   539
                Parliamentary law as to purposes for which conferences
                    may be held.......................................   558
                Questions asked of other House by, rather than by
                    message...........................................   569
    Relations of adherence and conference under the parliamentary law
    and in Congress.................................... 528b, 528d, 553, 554
                Usually asked over differences as to amendments.......   530

    [[Page [1244]]]

            As to requests for.
                Adherence does not prevent granting requests for......   522
    Generally................................ 528a, 530, 533, 535, 1069-1093
    Motions to request, precedence of..... 528a, 528b, 528d, 535, 1069, 1070
    Requests declined or neglected................................ 534, 1070
    Separate vote on certain amendments between the Houses when
    request is made.............................................. 1070, 1072
            Managers and their powers.
    As affected by free and simple conference................. 539, 540, 557
    Managers of, appointment, removal, and function................ 536, 637
    Managers of, motion to instruct or discharge.................. 541, 1079
    Managers restricted to the disagreements of the two Houses.... 546, 1088
                Managers may not agree to Senate amendments making
                    appropriations....................................  1076
                Managers may not agree to Senate amendments to
                    appropriation bills containing legislation........  1076
                May report a germane modification within the scope of
                    disagreement where one House strikes out all after
                    enacting clause of bill of other House and inserts
                    new language......................................  1088
    Meeting and action of managers................................ 548, 1093
                Open conference meetings..............................  1093
                Quorum, evidence of...................................   543
                Reappointment of managers at second or subsequent.....   537
                Remedy where managers exceed their authority..........   547
                Speaker appoints......................................   637
    Text to which both Houses have agreed not to be changed by
    managers unless by authority of both Houses................... 527, 1088
                Vacancies in managers.................................   538
            Reports of managers.
                Accompanying statement................................  1080
                Accompanying statement, Speaker decides as to
                    sufficiency of....................................   628
                Action on a report in the two Houses..................   549
                As to consideration in Committee of the Whole.........   973
                Consideration in House not in order until report
                    available for three days and copies available at
                    least two hours...................................  1082
                Considered as read if available.......................  1085
                Considered rejected if conferees have improperly
                    closed meeting....................................  1093
                Debate on, equally divided between parties............  1086
    Effect of disagreement to a conference report............ 551, 954, 1091
    Form of conference reports............................... 542, 543, 1080

    [[Page [1245]]]

                Have precedence of motion to reconsider...............  1003
                High privilege of.....................................  1077
                Legislation contained in amendments in disagreement,
                    procedure for consideration.......................  1084
                Limited to scope of matter committed to conference....  527,
                                                                   546, 1088
    Motions in order during action on a report............... 550, 1089-1091
                May report germane modification of amendment in nature
                    of substitute.....................................  1088
    Nongermane matter contained in conference agreements, procedure
    for consideration............................................ 1089, 1090
    Nongermane matter in amendments in disagreement, procedure for
    consideration................................................ 1089, 1091
                Not to interrupt reading of Journal...................   621
                Parliamentary law as to reports of managers...........   542
                Partial reports.......................................   544
                Postponing record votes on agreeing to................  1030
                Precedence of, over report from Committee on Rules....   857
                Printing in Record of amendment in total disagreement.  1083
    Recommittal of.................................... 550, 1001-1002c, 1088
                Printing of reports and statements in the Record......  1082
    Rejection of, status of amendments after................. 551, 1089-1091
    Reports of inability to agree................................. 545, 1083
                Retroactive income tax rate increase prohibited in....  1068
                Quorum, evidence of...................................   543
                Signing of............................................   543
                Speaker decides as to validity of reports.............   627
    Statements relating to Federal unfunded mandates............. 1081, 1127
                Three-day layover and two-hour availability before
                    consideration.....................................  1082
                Three-fifths vote to increase income tax rates........  1067
                To be in writing......................................   542
                To be entered in the Journal..........................   542
                Unamendable...........................................   542
                When on constitutional amendments agreed to by two-
                    thirds vote.......................................   192
                Yeas and nays automatically ordered on adoption of
                    certain...........................................  1033
            Custody of papers in.
                After an effective conference.........................   555
                When managers fail to agree...........................   556
                When asked before disagreement........................   552

    [[Page [1246]]]

    Confession.
            In cases of treason.......................................   181
    Confirmation.
            Congress, of President's nominee as Vice President........   256
    Congress.
            Meeting, term.
    Meets once a year............................................... 45, 242
                Term and adjournment of...............................     6
                Adjourns in July with certain exceptions..............  1105
    Neither House to adjourn for more than three days or to another
    place without consent of the other............................... 82, 84
                Place of meeting,  see Place.
    Power of President to convene or adjourn Houses of.............. 82, 171
                President to give information of the state of the
                    Union to..........................................   168
    Prohibited from adjourning sine die before completion of
    congressional budget process............................ 1127 (sec. 310)
            Powers of--legislative and general.
                Legislative...........................................     3
                As to migration of importation of persons.............   137
                Consent of, to acceptance of certain gifts............   144
                To establish patents and copyrights...................   124
                To establish post offices and post roads..............   123
                To make laws to carry its powers into effect..........   136
                To provide for legislative veto of executive actions..  1130
                To regulate coinage, weights, and measures............   121
                To regulate commerce..................................   119
                To regulate naturalization and bankruptcy.............   120
            Powers of--as to taxes, money, property, and territory.
                To lay and collect taxes..............................   117
                To borrow money.......................................   118
                Money to be drawn only on appropriations by...........   143
    Over the seat of Government and ceded places................... 134, 135
                Over the territory and other property of the United
                    States............................................   188
            Powers of--as to war.
                To declare war, grant letters of marque...............   127
                To support armies.....................................   129
                To provide a navy.....................................   130
                To make rules for land and naval forces...............   131
                To provide for calling out the militia................   132
                To provide for organization of militia................   133
                Relative powers of Congress and the President.........   128
            Powers of--as to elections, sufferage.
    As to apportionment and establishment of districts............. 226, 227
                Determines time of choosing electors..................   153
                May by law provide for cases where President-elect nor
                    Vice President-elect shall qualify................   244

    [[Page [1247]]]

    May choose President and Vice President in certain cases........ 221-223
    May confirm nomination to fill vacancy in Vice Presi-
      dency........................................................ 253, 256
                Instances where House and Senate have confirmed
                    nominee as Vice President.........................   256
                May decide termination of Presidential disability.....   255
                May provide for case wherein death occurs among those
                    from whom House and Senate may choose President
                    and Vice President................................   246
    May provide for succession to Presidency or new election....... 155, 244
                Power to make or alter regulations as to elections of
                    Representatives...................................    42
    To legislate to enforce the 13th, 14th, 15th, 23d, and 24th
    amendments to the Constitution.................. 224, 233, 234, 250, 251
                To remove political disabilities......................   230
            Powers of--as to courts.
                Regulates jurisdiction of Supreme Court...............   179
    To establish inferior courts................................... 125, 177
                To fix places for trial of crimes.....................   180
                To regulate the proving of acts, records, and judicial
                    proceedings of the States.........................   183
            Powers of--as to the States.
                As to admission, consolidation, or division of States.   187
                May revise and control certain State laws.............   147
                No State to lay imposts or duties on exports or
                    imports without consent of........................   147
                Consent of, for certain acts of States as to duties,
                    troops, war, and compacts.........................   148
            Powers of--to provide certain punishments.
                Each House may punish its Members for disorderly
                    behavior..........................................    62
                To provide punishment for counterfeiting..............   122
                To provide punishment for piracies....................   126
                To declare punishment of treason......................   182
            Powers of--as to amending Constitution.
                As to amendments to the Constitution..................   190
                To propose amendments to the Constitution or call a
                    convention........................................   190
                Jurisdiction of proposed amendments to................   730
            Powers of--limitations on.
                As related to writ of habeas corpus...................   138

    [[Page [1248]]]

                As to religion, free speech, the press, or right of
                    assembly and petition.............................   208
                Laws of, not binding on House in judging elections....    51
                Limitation on capitation or other direct tax..........   140
                No bill of attainder or ex post facto law to be passed   139
                No export duties to be laid...........................   141
                No preferences to be given as to commerce by water....   142
                No titles of nobility to be granted...................   144
    Congressional accountability.
            Approval of regulations with respect to................ 1130(27)
            Committee reports accompanying measures must contain
                statement relating to.................................   842
            Former rule on application of laws to Congress............  1101
            Office of Compliance......................................  1116
            Point of order for insufficient committee report..........   842
            Settlements under approval by House Administration........   754
    Congressional Budget Office.  See Budget.
    Congressional disapproval, laws providing mechanisms for..........  1130
    Congressional Offices.
            Compilation of....................................... 1113-1125c
    Congressional Record.
            Reports of debates.
    Correction of............................................. 689, 967, 968
                Duties of Joint Committee on Printing in relation to..  1111
                General control of Committee on House Administration
                    over..............................................   728
                Jurisdiction relating to improvement of...............  1111
                ``Leave to print'' in, including cost of..............   692
                Not the official record of proceedings................    69
                Power of Chairman of Committee of the Whole over......   972
                Privilege of Member to revise his remarks.............   691
    Privilege of propositions to correct........................... 685, 690
                Relation of Committee of the Whole to.................   688
                Reporters of debates..................................   685
    Substantially verbatim account of remarks............ 687, 691, 967, 968
            Matters recorded in.
                Amendments to be offered during five-minute rule may
                    be printed in advance, and given a numerical
                    designation.......................................   987
                Certain messages printed in...........................   815
                Clerk supervises daily insertions in..................  1111
                Committee meetings and hearings inserted in...........  1111
                Former ``bullet'' symbols in..........................   692
                House activities of previous day inserted in..........  1111
                Index daily of proceedings of previous day............  1111

    [[Page [1249]]]

                Introduction of bills, petitions, resolutions entered
                    in................................................   818
                Legislative program for the day to be inserted........  1111
                Messages from President entered in....................   875
                Names of Members signing discharge petitions..........   892
                Printing of conference reports in.....................  1082
    Reference of public bills, memorials entered in................ 825, 826
    Substantially verbatim account of remarks................. 691, 967, 968
                Titles of reported bills entered in...................   831
    Congressional Research Service....................................  1117
    Consent.
            Unanimous.  See Unanimous consent.
            Of Congress.
                For acceptance of certain gifts.......................   144
                For certain acts of States as to duties, troops, war,
                    and compacts......................................   148
                No State to tax imports or exports without............   147
            Of a State.
                Required before its equal suffrage in the Senate may
                    be disturbed......................................   190
    Conservation.
            Energy resources, jurisdiction of matters relating to.....   721
            Petroleum (naval), jurisdiction of matters relating to....   718
            Radium, jurisdiction of matters relating to...............   732
            Soil, jurisdiction of matters relating to.................   715
            Wildlife, jurisdiction of matters relating to.............   732
    Consideration, question of.
            Form and history of.......................................   906
            Conditions of raising.................................. 862, 907
            Not to be raised against a report from Committee on Rules.   857
            On Calendar Wednesday.....................................   901
            Questions subject to......................................   908
            To dispose of points of order raised under the Unfunded
                Mandates Reform Act............................... 909, 1127
            Relation of, to other motions.............................   907
            Relation of, to points of order....................... 909, 1077
            Where quorum fails on yea-and-nay vote and adjournment
                intervenes............................................    76
    Consistency.
            Speaker not to decide questions of..................... 466, 628
    Constituency.
            Apportionment and establishment of districts........... 226, 227
            Status of, as related to right to take the oath...........   204

    [[Page [1250]]]

    Constitution of the United States.
            Establishment.
                Enumerated rights of, and those reserved to people....   216
                Established by the people.............................     1
                Formation of..........................................     2
                Disabilities arising from violation of the oath to
                    support...........................................   230
    Jefferson's discussion of privilege of Members of Congress under
    the............................................................ 288, 289
                Judicial power extends to cases of law and equity
                    arising under.....................................   178
                Nothing in it to prejudice certain claims.............   188
                Oath to support.......................................   196
                Officers of House sworn to support....................   640
                Powers delegated to the United States by..............   217
                President sworn to preserve...........................   158
                Supreme law of the land...............................   195
            Ratification and amendment of.
                Amendments to, jurisdiction over......................   730
                Differences as to amendment to, committed to
                    conference........................................   530
                Extension of time for ratification of proposed
                    amendment.........................................   192
                Joint resolution for amendment of, not approved by
                    President.........................................   115
                Limitation on amendment of............................   190
    Methods of amending............................................. 190-192
                Ratification of.......................................   207
    The 27 amendments of............................................ 208-258
                Two-thirds vote on conference report as to............   549
                Yeas and nays not necessarily taken on amendments to..    76
    Constitutional conventions.
            Relation of, to State legislatures, in fixing times of
                elections.............................................    43
            May be called for purpose of proposing amendments to
                Constitution..........................................   190
    Constitutional prerogatives.
            Of House as to revenue legislation........................   102
            Questions of, committed to conference.....................   531
            Questions relating to, treated as of privilege............   698
            Precedence of questions of................................   698
    Constitutional privilege.
            Questions relating to................................... 698-702
    Constitutions.
            Those of States subordinate to that of United States......   195
    Consular service.
            Jurisdiction of subjects relating to......................   729
    Consuls.
            President appoints........................................   166

    [[Page [1251]]]

    Consultants.
            Training..................................................   774
            Lobbying by...............................................  1095
            Jurisdiction of Supreme Court in cases affecting..........   179
            Judicial power extends to cases affecting.................   178
    Consumers.
            Affairs and protection of, jurisdiction over..............   721
    Contempts.
            Committee reports on, privileged for immediate
                consideration without three-day layover............ 299, 698
            Power of the House to punish for........................ 293-299
    Contestants.
            In election cases, admitted to the floor..................   678
            Relations of, to incompatible offices.....................   100
    Contested elections.
            Jurisdiction of matters relating to.......................   724
            Contests affected by death................................    18
            Clerk receives testimony taken in contests................   642
    Contingency fund (applicable accounts of the House).
            Duties of Committee on House Administration as to...... 724, 763
            Clerk formerly kept account of disbursements out of.......   642
            Commission and other entity expenses, payment from........   763
            Committee expenses, payment from..........................   763
            Committee transcripts, cost of printing paid from.........   789
            Early organization caucuses funded from...................  1126
            Privileged reports on.....................................   853
    Continuation of a public work.
            Appropriations for.............................. 1036, 1048-1051
            Examples illustrating.....................................  1049
            New buildings at existing institutions as a...............  1050
            Unexpended balances may be appropriated for.......... 1037, 1063
    Contract labor.
            Jurisdiction of bills relating to.........................   720
    Contractors.
            Not ineligible as Members.................................    98
    Contracts.
            Obligations of, no State to impair........................   146
            Clerk formerly made or approved certain...................   644
    Controversies.
            To which the judicial power extends.......................   178
    Convening of Congress.
            At least once in every year............................. 45, 242
            Emergency postponement of reconvening of the House...... 83, 639
            Laws appointing a different day for.......................   243

    [[Page [1252]]]

            Reconvening (recall) authority under adjournment
                resolution, to reconvene at another time or to another
                place,  See Reconvene.
    Convention.
            To amend the Constitution, method of calling of...........   190
    Convict labor.
            Jurisdiction of bills relating to.........................   720
    Conviction.
            Two-thirds vote for, in impeachments......................    38
            Evidence for, for treason.................................   181
            For crime as basis for involuntary servitude..............   224
            In impeachments......................................... 41, 619
            Members should refrain from voting and committee
                participation following...............................   939
    Copyrights.
            Copyright royalties, limitation on........................  1099
            Jurisdiction as to bills relating to......................   730
    Corporations.
            Jurisdiction of subjects relating to......................   730
    Correction.
            Bills for, of military and naval records are banned.......   822
            Of Congressional Record............ 685, 689, 690, 744, 967, 968
            Of reference of public bills, place of, in order of
                business..............................................   869
            Of reference of bills from Speaker's table............. 873, 874
            Of reference of bills, correction in errors...............   824
    Corrections Calendar.
            Corrections Calendar Office...............................  1124
            Rule providing for..................................... 829, 898
            Postponed proceedings on questions for consideration of
                bills called from.....................................  1030
    Corridors.
            Speaker's control of......................................   623
    Corruption.
            Of blood, for treason.....................................   182
    Cosponsorship, of bills.  See Bills.
    Cost, limit of.
            On public works...........................................  1047
    Coughing.
            Not in order during debate................................   364
    Counsel.
            General, Office of........................................   670
            Floor privileges for respondent counsel in disciplinary
                proceeding............................................   678
            For accused in criminal prosecutions......................   213

    [[Page [1253]]]

            In cases of expulsion.....................................    66
            Admission of, in investigations........................ 348, 803
            May be censured and excluded from hearings................   803
    Count.
            Electoral.
                Constitutional provision for..........................   219
                Jurisdiction of matters relating to...................   728
                In the Hall of the House..............................   220
            On a division or other vote.
    Appeal from Chair's count prohibited........................... 629, 630
                Decision by voice of majority--tie votes..............   508
                Decision of points of order during....................   507
    Division of the House after determination by sound............ 501, 1012
                Duty of Speaker to make an honest count...............  1012
                Interruption of, by demand for yeas and nays..........    77
                Messages not received during rising vote or by tellers   562
                Not to be interrupted by conference report............  1077
                Parliamentary provisions as to division, not
                    applicable in the House...........................   502
                Questions of order arising during, decided
                    peremptorily......................................   628
                Rule as to voting by division.........................  1012
                Two-thirds votes......................................   509
            Of a quorum.
    Certain business suspended by failure of a quorum.............. 510, 832
                By Speaker, to ascertain as to quorum after previous
                    question is ordered...............................  1029
    Not to be verified by tellers or on appeal...................... 54, 629
                Of House when absence of quorum is observed...........   310
    On record vote and otherwise by Speaker........................ 54, 1020
    Counterfeiting.
            Congress may provide punishment for.......................   122
    Courthouses.
            Jurisdiction as to bills for construction of..............   739
    Courts.
            Of the United States.
                Appointment of officers of............................   166
                Congress to constitute inferior.......................   125
                Determination of relevancy of materials subpoenaed
                    from House........................................  291a
                Inferior, their judges................................   177
                Judges bound by Constitution and laws.................   195
                Judicial power vested in supreme and inferior.........   177
                Jurisdiction of, in general...........................   178
                Jurisdiction of Supreme Court.........................   179
                Limitations of judicial power in suits of law or
                    equity............................................   218

    [[Page [1254]]]

                Tenure, compensation of judges........................   177
                Trials of suits at common law in......................   214
            As related to proceedings of Congress.
                Privilege of Members of Congress as to demands of.....  290,
                                                                   291a, 697
                Relations of Members of Parliament to.................   287
                Relations of State courts to election cases...........    50
                Status of reports of Court of Claims on calendars.....   828
                Reference of claims to Court of Claims considered in
                    Committee of the Whole............................   973
                Judicial appearances on behalf of House...............  291b
                Jurisdiction as to certain, in District of Columbia...   723
                Jurisdiction of subjects relating to..................   730
                Jurisdiction as to, in foreign lands..................   729
                In insular possessions and territories................   732
    Credentials.  See also Members.
            As related to the right of a Member to take the oath......   204
            Prima facie effect of, dependent on vacancy...............    23
            House Administration Committee may consider questions as
                to................................................. 724, 728
    Credit.
            For public acts, records, and judicial proceedings of a
                State in other States.................................   183
            Power of Congress to borrow money on......................   118
            States not to emit bills of...............................   146
            Jurisdiction of subjects relating to public...............   722
    Crimes.
            Abridgment of suffrage for................................   226
            As to what are high.......................................   175
            Extradition for...........................................   185
            High impeachable offenses.................................   175
            Involuntary servitude as punishment for...................   224
            Jurisdiction of subjects relating to......................   730
            Members refrain from voting and committee action when
                convicted of..........................................  1095
            Persons to be held to answer for, only on conditions......   212
            Trial of all, except in impeachments, to be by jury.......   180
    Criminal law.
            Jurisdiction of subjects relating to......................   730
    Criminal prosecutions.
            Rights of accused in all..................................   213
            Security as to accusations, and trial.....................   212
    Criticism.  See also Debate.
            Of the House and its proceedings, in debate...............   361

    [[Page [1255]]]

            Of the Speaker............................................   362
            Of the motives of Members.................................   363
    Cruel punishments.
            Not to be inflicted.......................................   215
    Currency.
            Jurisdiction of subjects relating to......................   722
    Custody.
            Procuring attendance of witness in, from other House......   345
    Customhouses.
            Customs, jurisdiction as to...............................   741
            Jurisdiction as to buildings for..........................   739
            Special oversight jurisdiction............................   744
    Dairy products.
            Jurisdiction of bills relating to.........................   715
    Damages to property.
            Bills of payments for, banned with exceptions.............   822
    Dams.
            Jurisdiction of subjects relating to................... 732, 739
    Day.
            Journal dated as of legislative...........................    69
            Speaker takes Chair on each legislative...................   621
    Dean of the House.
            Administers oath to Speaker...............................   198
    Death.
            Bills for payment of certain claims against the United
                States for, banned....................................   822
            Ceremonies for deceased Members...........................   724
            Of officers of House, vacancies caused by may be filled
                temporarily by Speaker................................   640
            Of Member, vacancy caused by..............................    18
            Of President or Vice President of United States... 155, 244, 252
            Of Speaker................................................    28
    Debate.
            Exhibits.
                Use of in debate.............................. 622, 963, 964
            Freedom of.
                Members not to be questioned for, in another place....    92
                Members of Parliament exempted from question as to....  287,
                                                                    302, 309
                Not to be interfered with by other House by notice of.   308
                Privilege of Members of Parliament as to..............   287
            Obtaining the floor for.
                Conditions under which a Member's right to the floor
                    is subjected to the will of the House.............   355
                Member to speak but once, except one Member in reply..   959

    [[Page [1256]]]

    Member who has spoken to the main question may speak to an
    amendment...................................................... 465, 959
                Member's right to close debate on amendment considered
                    under five-minute rule............................   959
                Morning-hour debates..................................   951
                Motion to be stated before............................   904
                Obtaining the floor in debate.........................   945
                One-minute speeches...................................   950
                Oxford-style debates..................................   952
                Parliamentary law as to recognition by the Speaker....   356
                Procedure of the Member in seeking recognition........   354
    Recognition of Members by the Speaker for debate, generally..... 949-956
                Right of a Member to be heard a second time...........   357
                Special-order speeches................................   950
                Rights of Member as to opening and closing in debate..   958
                The hour rule for debate..............................   957
            Interruptions of.
                Interruptions in......................................   364
                Interruption of a Member in debate....................   946
                Certain motions only in order when a question is under   911
                Member having the floor in, not to be interrupted by
                    motions...........................................   393
                Member in, may be interrupted by conference report....  1077
                Messages received during..............................   561
    The call to order in debate.................................... 960, 961
    Words taken down in debate..................................... 960, 961
            Disorder in.
    Calls to order............................................ 364, 960, 961
                Disorder and interruptions during.....................   364
                Disorderly words taken down and reported from
                    Committee of the Whole............................   369
                Impertinent, superfluous, or tedious speaking.........   359
                Members censured for disorder in......................    65
                Parliamentary law as to taking down disorderly words..   368
                Parliamentary method of silencing a tedious Member....   365
                Rules of debate restraint on captiousness of Members..   285
                Warm words and assaults...............................   367
            Personalities, references to other House, committees.
                Criticism of the Speaker..............................   362
    Debate, proceedings, and Members of the other House....... 371, 372, 945
    Decorum and abstention from personalities...................... 361, 945

    [[Page [1257]]]

                Duty of the Speaker to prevent expressions offensive
                    to the other House................................   374
                Language reflecting on the House......................   360
    Motives of Members not to be arraigned......................... 363, 945
                Reference to proceedings of committees................   360
    Reference to the Executive..................................... 370, 945
                Reference to occupants of galleries...................   966
    Relevancy of................................................... 945, 948
            Closing of, in the House.
                Effect of order of yeas and nays in closing...........    80
    Effect of previous question on................................. 994, 995
                Not precluded until the negative has been put.........   490
            Limitations on.
                    Forty minutes of:
                    After previous question is ordered............. 995, 999
                    On motion to suspend the rules....................   891
                    On certain nongermane amendments between the
                        Houses................................... 1070, 1072
                    On nongermane Senate amendments included in
                        conference report......................... 1089-1091
                    Recognition for...................................   955
    Limit of, on appeals........................................... 624, 629
                Morning-hour debate...................................   951
    On conference reports, and on certain motions relating to
    amendments between the Houses................................ 1084, 1086
                On certain secondary motions..........................   911
                On question of order, within Speaker's discretion.....   628
                On questions of privilege.............................   698
                On motion to instruct conferees.......................  1078
                On motion to reconsider...............................  1010
                On motion to strike out enacting words................   989
    On rescission bills and deferral resolutions................... 1130(6a)
                One-minute speeches...................................   950
                Oxford-style debates..................................   952
                Special-order speeches................................   950
                Strictly enforced.....................................   957
                    Ten minutes of:
                    On amendments submitted in advance and printed in
                        Record........................................   987
                    On motion to recommit with instructions..... 1001, 1002a
                    Twenty minutes of:
                    On motions to discharge...........................   892
                Under various laws permitting congressional approval..  1130

    [[Page [1258]]]

            General debate in Committee of the Whole.
    Closing of, in Committee of the Whole.......................... 978, 979
                In Committee of the Whole under the old parliamentary
                    usage.............................................   326
            Five-minute debate.
                Closing five-minute...................................   987
                Closing five-minute, in Committee of the Whole........   987
                Five-minute, on motion to dispense with Calendar
                    Wednesday.........................................   900
                Member's right to close debate on amendment considered
                    under the five-minute rule........................   959
                Reading and amendment under the five-minute rule......   980
                Recognition for, under the five-minute rule...........   980
                Rule as to five-minute, in Committee of the Whole.....   978
                Ten minutes on amendments previously printed in Record
                    even though debate under is limited...............   987
                Time not yielded under five-minute....................   980
            Questions not debatable.
                Amendment to title decided without....................   922
                Appeals as to priority of business decided without....   884
                Correction of reference of public bills to be made
                    without...........................................   825
                Motions to adjourn, lay on the table, and for the
                    previous question not debatable...................   911
                Motion that Journal be read...........................   621
    Motion to discharge a committee not debatable (except under clause
    2, rule XV).................................................... 406, 867
                Under former rule XXX, questions as to reading of
                    papers were determined without....................   965
            Record of.  See Congressional Record.
            Relevancy of
                Requirement of........................................   945
                Application of rule...................................   948
                Irrelevant remarks removed from Record by unanimous
                    consent only......................................   687
            In general.
                Course of the Member when business concerning himself
                    is debated........................................   375
                In standing and select committees.....................   318
                Morning-hour debates..................................   951
                Obsolete practice as to adjournment of debate.........   444
                Obsolete practice as to Member's advice during points
                    of order..........................................   507
                On bills, usually occurs before engrossment and third
                    reading...........................................   498
                One-minute speeches...................................   950

    [[Page [1259]]]

                Oxford-style debates..................................   952
    Participation of the Speaker in debate......................... 358, 947
    Quorum necessary during......................................... 54, 510
                Special-order speeches................................   950
    Under reservation of right to object to a unanimous-consent
    request........................................................ 381, 872
    Debt.
            Claims for slaves.........................................   232
            Jurisdiction of subjects relating to bonded...............   741
            None incurred in aid of insurrection to be paid...........   232
            Power of Congress to pay public...........................   117
            States restricted as to tender in payment of..............   146
            Validity of those contracted prior to the Constitution....   194
            Validity of debt of the United States not to be questioned   232
            Debt limit, rule for establishment of statutory...........  1104
    Decisions.  See Appeal.
    Declarations of war.
            Congress to make..........................................   127
            Jurisdiction as to........................................   729
            War Powers Resolution................................... 1130(2)
    Declination.
            Of seat by Member.........................................    20
    Decorum.  See also Debate.
            As to sitting in place....................................   353
            Assaults and affrays......................................   367
            Attire................................................. 622, 962
            Call to order for transgressions in............... 364, 960, 961
            Clerk to preserve, at organization of the House...........   643
            Committees, preservation of....................... 369, 787, 803
            Conduct of counsel in investigation.......................   803
            Conduct of Members in the Hall............................   962
            Decorum of Members in debate,  see Debate.
            Disorder in Committee of the Whole........................   331
            Member may speak from any place on floor..................   945
            Members' presence when business concerning Member debated.   375
            Movements of Member during voting.........................   506
            Power of House to punish and expel for breaches of........    62
            Exhibits, use of.................................. 622, 963, 964
            Speaker preserves, on floor............................ 331, 622
            Smoking forbidden.........................................   962
            Use of wireless telephone or personal computer forbidden..   962
            Wearing of hats forbidden.............................. 377, 962
    Deductions.
            From the compensation of Members........................ 86, 671

    [[Page [1260]]]

            From the compensation of Members for State income taxes...   648
    Defense.
            Power of Congress to provide for public...................   117
            Jurisdiction of subjects relating to public...............   718
            Counsel for, in criminal cases............................   213
    Defense production.
            Jurisdiction over subjects related to.....................   722
    Deficiencies.
            Jurisdiction of appropriations for........................   716
    Degree.
            Of amendments.......................................... 922, 923
            Of amendments between the Houses..........................   529
    Delegated powers.
            Of the Constitution.......................................   217
    Delegates.
            Admitted to floor of House................................   678
            Clerk formerly kept stationery accounts of................   642
            Clerk to distribute certain documents to..................   647
            Compensation of...........................................    86
            Former de novo votes in House where vote decisive in
                Committee of Whole....................................   985
            Elected to committees.....................................   675
            Establishment and nature of office........................   675
            From District of Columbia, formerly required to be elected
                to the former Committee on District of Columbia.......   675
            From territory of American Samoa..........................   675
            Impeachment began at instance of a........................   603
            May have been appointed a teller..........................  1013
            Formerly could be appointed Chairman, Committee of the
                Whole.................................................   970
            May be appointed a conferee...............................   676
            May be appointed to select committee......................   676
            May call a Member to order............................. 960, 961
            Powers and privileges of, on floor and in committee.......  603,
                                                    675, 676, 960, 970, 1030
            Powers and privileges of, in Committee of the Whole.......   675
            Rooms of, in office buildings.............................  1114
            Sergeant-at-Arms formerly disbursed pay of................   648
            Sworn.....................................................   675
    Department of Agriculture.
            Jurisdiction of appropriations for, and bills relating to
                                                                    715, 716
    Department of Defense.
            Jurisdiction of matters relating to.......................   718
    Department of Energy.
            Jurisdiction over general management of...................   721

    [[Page [1261]]]

    Department of Justice.
            Jurisdiction of subjects relating to......................   730
    Departments.  See Executive departments and agencies.
    Desertion.
            Certain private bills to correct records are banned.......   822
    Designation of public works.
            Consideration prohibited.................................. 1068a
    Desk, Clerk's.  See Clerk's desk.
    Dilatory motions.
            Amendments printed in Record may not be...................   987
            Forbidden pending report from Committee on Rules..........   857
            Not to be entertained by the Speaker......................   903
            One motion to adjourn only in order pending motion to
                suspend rules.........................................   890
            Right to demand yeas and nays not to be overruled as......    77
    Direct tax.  See also Taxes and tariffs.
    Director of Non-legislative and Financial Services
            Former position and functions of..........................   664
    Disabilities.
            Of President or Vice President.................... 155, 244, 252
            Political, arising from disloyalty........................   232
            Consideration of bills removing...........................   731
            Of President-elect or Vice President-elect................   244
    Disagree, motion to.  See Amendments between the Houses.
    Disagreement.
            President may adjourn Congress in a certain case of.......   171
            Stage of,  see Amendments between the Houses.
    Discharge.
            Motions to, of a committee............................. 406, 892
            Motions to, under certain public laws...................... 1130
            Motions as to Committee of the Whole not privileged.......   339
            Motion to discharge a committee from consideration of
                vetoed bill...........................................   108
            Of a committee, from a resolution of inquiry..............   867
    Discipline.
            Of the militia............................................   133
            Of Members.............................................. 62, 806
    Discoveries.
            Congress may provide exclusive rights to..................   124
    Disease.
            Jurisdiction of subjects relating to, generally...........   721
            Of animals................................................   715
    Disorder.
            Disorderly words taken down....................... 369, 960, 961
            Galleries or lobby, cleared by Speaker for................   622
            In Committee of the Whole......................... 331, 332, 622

    [[Page [1262]]]

            May interrupt reading of Journal..........................   621
            Parliamentary law as to taking down disorderly words......   368
            Parliamentary law as to taking down words in Committee of
                the Whole.............................................   369
            Power of Chairman of Committee of the Whole as to, in
                galleries and lobby...................................   970
            Power of each House to punish for......................... 62-66
            Proceedings in case of, on the floor......................   367
    Disqualification.
            As judgment in impeachment.............................. 41, 619
            Members not to hold incompatible offices................. 97-101
            Service of Committee on Standards of Official Conduct.....   806
    Disqualifying interest.
            Of a Member as to voting.......................... 376, 671, 672
    District of Columbia.
            In general.
                Bills relating to, as unfinished business.............   879
    Home Rule Act, disapproval procedures under..................... 1130(5)
                Jurisdiction as to Government buildings within........   739
                Jurisdiction as to parks in...........................   732
    Power of Congress as to legislation over....................... 134, 135
                Representation in Electoral College of................   250
                Second and fourth Mondays for business of.............   894
            Former Committee on.
                Jurisdiction transferred..............................   723
            Delegate from, powers of.  See Delegates.
    Districts.
            Adjustment of, to apportionment...........................   227
            Questions as to elections in relation to..................   228
            Requirement that districts be equally populated...........   229
    Disturbance.
            Galleries or lobby cleared by Speaker for.................   622
            Of another in debate not in order.........................   364
    Division.
            Of papers for reference.
    Of matter for reference to committees..................... 421, 816, 818
                Of bills for reference................................   816
            Voting by.
                Rule as to voting by..................................  1012
                Business suspended by failure of quorum...............   510
                Decision by voice of majority--tie votes..............   508
                Decisions of points of order during...................   507
    Division of the House after determination by sound............ 501, 1012
                Interruption of, by demand for yeas and nays..........    77
                Messages not received during rising vote or vote by
                    tellers...........................................   562

    [[Page [1263]]]

                Not to be interrupted by conference report............  1077
                Parliamentary provisions as to division, not
                    applicable in the House...........................   502
                Questions of order arising during, decided
                    peremptorily......................................   628
                Repetition of demand for division.....................  1012
                Two-thirds votes......................................   509
            Of the question for a vote.
                As related to debate on amendment.....................   482
    Into substantive propositions.................................. 919, 921
                Jefferson's discussion of.............................   481
    Motion to recede and concur divisible......................... 525, 528d
    Motion to strike out and insert not divisible.................. 920, 921
    Offsetting amendments to appropriation bills indivisible.... 1042, 1063a
                Parliamentary law as to...............................   480
                Principles governing..................................   921
    Resolutions or orders reported by Committee on Rules not divisible
                                                                    919, 921
                Resolutions electing standing committees not divisible   919
    Dockyards.
            Power of Congress over places purchased for...............   134
    Documents.
            Reading of those, accompanying President's message........   170
            Clerk to distribute certain, to Members...................   650
    Domestic violence.
            States may ask protection from............................   189
    Doorkeeping.
            Doorkeeping duties of Sergeant-at-Arms................. 380, 658
            History of former Office of the Doorkeeper................  663a
    Doors.
            Of the House kept by Sergeant-at-Arms.................. 380, 658
            Closed on call of the House when ordered by Speaker.......  1019
    Drug testing.
            Rule providing for drug testing of Members, officers, and
                employees.............................................   635
    Due process of law.
            No person to be deprived of life, liberty, or property
                without...............................................   212
            No State to deprive a person of life, liberty, or property
                without...............................................   225
    Duties.  See Taxes and tariffs.
    Economic and Educational Opportunities, Committee on.  See Education and
        the Workforce, Committee on.
    Economic Committee, Joint.........................................  1108

    [[Page [1264]]]

    Economic report.
            Time for filing of, by President..........................   169
    Economic stabilization.
            Jurisdiction over subjects related to.....................   722
    Education.
            Jurisdiction of subjects on............................ 720, 729
    Education and Labor, Committee on.  See Education and the Workforce,
        Committee on.
    Effects.
            Security of, as to searches and seizures..................   211
    Elections.
            Of officers of the two Houses.
    Of officers of the House except Speaker......................... 29, 640
                Of officers of House, except that Speaker may fill
                    vacancies temporarily by appointment..............   640
                Of officers of the Senate.............................    37
                Of President pro tempore of the Senate................   313
    Of Speaker...................................................... 26, 312
                Of Speaker and other officers of House................26, 30
                Of Speaker pro tempore................................   314
                Motion to proceed to election of Speaker of higher
                    privilege than motion to correct the roll.........   644
                Rule for, by ballot...................................  1034
            Of Representatives.  See also Contested elections.
                Apportioned among the States according to numbers.....   226
                Apportionment of, jurisdiction as to..................   730
                Apportionment of (obsolete provision).................    14
                Apportionments, first and last and minimum basis of...    15
                By the people.........................................     5
                Campaign contributions, jurisdiction of matters
                    relating to.......................................   724
                Clerk receives testimony taken in contests............   642
                Contests affected by death............................    18
                Each House judge of................................... 46-51
    Election by districts.......................................... 228, 229
                Functions of State executive..........................    24
    Jurisdiction as to laws relating............................... 724, 728
    Of Members, questions relating to, considered by House
    Administration Committee....................................... 724, 728
                Power of each House to judge as related to State laws. 47-50
                Power to judge as related to law of Congress..........    51
                Prima facie title, enrollment by Clerk not conclusive
                    as to.............................................   644
                Qualifications of electors............................     7
                Question of final right as related to oath............   204
                Questions as to elections in relation to congressional
                    districts.........................................   228
                Regulation of times, places, and manner of............42, 43

    [[Page [1265]]]

    Federal Elections Commission, disapproval of regulations....... 1139(17)
                Suffrage not to be abridged for race, color...........   234
                To fill vacancies.....................................    17
            Of Senators.
    Of Senators................................................. 32, 34, 236
                Congress not to interfere as to place of choosing
                    Senators..........................................    42
                Vice President votes in case of tie in cases of
                    contest in Senate.................................    36
    Of President of the United States and Vice President........... 149-153,
                                                                219-223, 249
                Of electors of President and Vice President...........   151
                No person to be elected President more than twice.....   249
                Power of Congress to provide for special, for
                    President.........................................   155
                Majority of electors required to choose a President of
                    the United States.................................   221
                Qualifications of electors of President as to loyalty.   230
                Jurisdiction of matters relating to...................   724
    Election of President by House in certain cases................. 221-223
    Election of Vice President by Senate in certain cases........... 221-223
                Congress to provide for case wherein death occurs
                    among those from whom House and Senate choose
                    President and Vice President respectively.........   246
    Electoral count.
            Constitutional provision for........................... 219, 220
            Jurisdiction of matters relating to.................... 724, 728
    Electoral votes.
            Transmittal and count of..................................   220
    Electors.
            Of President, appointment and numbers of............... 151, 250
            Of President, qualifications of loyalty...................   226
            Of President, voting of, and count of the votes...........   219
            Of Senators, qualifications of......................... 236, 238
            Qualifications of Electors............................. 151, 152
    Electronic equipment and form of publication.
            Committee publications available in electronic form.......   796
            Wireless telephone and personal computer forbidden in
                Chamber...............................................   962
            Voting and quorum calls by,  see Voting.
    Emancipation.
            Of slaves, no compensation for............................   232
    Emergency Planning, Preparedness, and Operations.
            Office of................................................. 1125c

    [[Page [1266]]]

    Emoluments.
            Conditions on acceptance of, by officers..................   144
            Of civil office under United States, increase of during
                term bars Senators and Representatives................    96
    Employees.
            Admission of, to the floor.............................. 678-681
            Appointed by officers of the House........................   640
            Application of employment laws to legislative branch,  see
                Congressional accountability.
            Clerk formerly disbursed pay of...........................   642
            Code of conduct for.......................................  1095
            Compensation, retirement, and benefits, jurisdiction over.   724
            Consultant contractors....................................  1095
            Sergeant-at-Arms responsible for conduct of his...........   658
            Drug testing of,  see Drug testing.
            Duties of Committee on House Administration as to.........   724
            Former rule on fair employment practices..................  1101
            Former, admission of to floor.......................... 678, 921
            Nondiscrimination in relation to..........................  1095
            Of committees,  see Committee staffs.
            Of House, relations to claims.............................  1102
            Prohibition on distribution of campaign contributions by..   683
            Spouses of, employment of.................................  1095
            To be assigned only to duties for which they are appointed   640
    Enacting words, striking out.
            Rule relating to motion...................................   988
            Practice as to use of motion..............................   989
    Enemies.
            Treason to consist in adhering to or aiding...............   181
            Aid or comfort to those of the United States..............   232
    Energy and Commerce, Committee on.................................   721
    Energy matters.  See also Nuclear energy.
            Jurisdiction over.
    Coastal zone management........................................ 732, 739
                Commercial application of energy technology...........   721
                Conservation of energy resources......................   721
                Energy information generally..........................   721
                Energy research and development.......................   735
                Interstate energy compacts............................   721
                Interstate transmission of power......................   721
                Mineral resources of public lands and mining..........   732
                National energy policy generally......................   721
                Naval petroleum and oil shale reserves................   718
                Water power...........................................   739
                Expedited procedures contained in energy-related laws.  1130

    [[Page [1267]]]

    Engagements.
            Validity of those entered into before adoption of
                Constitution..........................................   194
    Engrossment.
            Of a bill, question on, and procedure.................. 941, 943
            Properly done after a bill is amended.....................   428
            Reading in full not required........................... 941, 943
            Test of strength on.......................................   429
            Endorsement of the title on an engrossed bill.............   431
    Enrolled bills.
            As to raising a question of privilege over delay of, in
                reaching the President................................   572
            As to signing of, by Speaker pro tempore..................   625
            Authority of pro tempore presiding officers to sign
                enrolled bills..................................... 576, 632
            Clerk, duties in connection with....................... 648, 754
            Conditions of signing by the Speaker................... 624, 625
            Parliamentary law as to enrollment........................   573
            Practice of the two Houses of Congress as to enrollment...   574
            Presentation of, to the President.........................   577
            Privileged reports relative to............................   853
            Report as to accuracy.....................................   625
            Signing of, for presentation to the President.............   575
            Signature vacated.........................................   625
    Enrolling clerk.
            To make no changes in text of a bill......................   573
    Enumeration.
            Of people for apportionment...............................    15
            Capitation or direct taxes to be proportioned to..........   140
    Environmental research and development.
            Jurisdiction over subjects related to.....................   735
    Equal protection.
            Of law, guaranteed........................................   225
    Equity.
            Judicial power extends to all cases of....................   178
            Limitation of judicial power in suits of..................   218
    Equivalent questions.  See Question; Amendments between the Houses.
    Errors.
            Cancellation of signatures of an enrolled bill for..... 575, 625
            Correction of, in enrollment of a bill....................   573
            Correction of, in messages................................   565
            Correction of, in reference of a bill to a calender.......   828
            Correction of, in reference of bills, petitions........ 824, 825
            Correction of, in reference of bills from Speaker's table
                                                                    873, 874
            Correction of, in the Journal by a committee..............   583
            In a yea-and-nay vote.....................................  1017

    [[Page [1268]]]

            In bills sent to the President............................   110
            In former vote by tellers.................................  1013
            Questions of privilege affect integrity of proceedings....   698
            Rectifying of, after report by tellers....................   503
            Use of joint resolutions to correct bills sent to the
                President.............................................   518
    Establishment.
            Of religion, Congress to make no law respecting...........   208
    Estimates.
            Of appropriations, transmission of, to Congress...........   827
    Ethics.
            Code of Official Conduct..................................  1095
            Committee on Standards of Official Conduct,  see Standards
                of Official Conduct, Committee on.
            Financial disclosure......................................  1103
            Former Select Committee on................................   738
            Unofficial office accounts prohibited.....................  1096
            Limitations on use of frank...............................  1097
            Limitations on outside earned income......................  1099
            Sanctions for ethical violations...........................62-66
    Evidence.
            Methods of taking............................. 341-348, 802, 803
            Duties of committee clerks as to..........................   695
    Ex-Members.  See Former Members.
    Ex post facto law.
            None to be passed.........................................   139
            States not to pass........................................   146
    Examination.  See Witnesses.
    Excessive bail or fines.
            Not to be required........................................   215
    Excises.  See Taxes and tariffs.
    Exclusion.
            Of certain private bills..................................   822
            Of commemoratives.........................................   823
            Of Member for holding incompatible offices................   101
            Of Member-elect for disqualification.................... 12, 205
            Of petitions, bills for cause.......................... 819, 824
    Excuses.  See Absence.
    Executive.  See President; Executive departments and agencies.
    Executive communications.
            Transmission to House.....................................   827
            Reference of...................................... 816, 873, 874
    Executive departments and agencies.
            Appropriations Committee to study organization and
                operation of..........................................   742

    [[Page [1269]]]

            Congress may vest appointment of certain inferior officers
                in heads of...........................................   166
            Congressional review of agency rulemaking.............. 1130(29)
            Gallery for use of heads of...............................   682
            Heads of, admitted to the floor of the House..............   678
            Jurisdiction of matters relating to reorganization of.....   723
            No employees of, detailed to committee may be employed on
                professional staff except under certain conditions....   779
            Of Government, power of Congress to legislate as to.......   136
            Title 5, U.S.C. 3101; authority to authorize appropriation
                for salary of clerks..................................  1046
            Reference of papers from............................... 873, 874
            Resolutions of inquiry of............................... 864-868
            President may require opinions from officers of...........   161
            Privilege of, as to papers from files.....................   696
            Expenditures in, jurisdiction as to.......................   723
    Executive expenses.
            Jurisdiction of appropriations for........................   716
    Executive of State.
            May apply for protection against domestic violence........   189
            Power to demand fugitives from justice....................   185
    Executive officers.
            Bound by oath to support the Constitution.................   196
    Executive power.
            Vested in the President...................................   149
    Exhibits.
            Use of in debate.................................. 622, 963, 964
    Expenditures.
            Of public money, account to be published..................   143
    Experiment stations.
            Jurisdiction of bills relating to.........................   715
    Explanation.
            Of Member called to order in debate.................... 960, 961
            Personal, made by unanimous consent.......................   945
    Export controls.
            Jurisdiction over subjects related to.....................   729
    Export duties.  See Taxes and tariffs.
    Expulsion.
            Power of the two Houses to punish by................. 62, 63, 66
            Course of Member when subject to debate as to.............   375
            Of a Delegate, question as to.............................   675
            Of Member-elect before taking the oath....................   300
    Expunging.
            Of entries of Journal.....................................    71

    [[Page [1270]]]

    Extradition.
            Of fugitives from justice in any State....................   185
    Extraordinary occasions.
            Power of President to convene Congress on.................   171
    Fact.
            Privilege of the Speaker to speak as to...................   358
            Jurisdiction of Supreme Court as to.......................   179
    Fair employment practices and application of certain laws.
            History of former rules...................................  1101
    Faith.
            For public acts, records, and judicial proceedings of a
                State in other States.................................   183
    Falsehood.
            Not to be charged on Members in debate....................   363
    Fame, common.
            As foundation for investigation...........................   341
            As a ground for impeachment...............................   605
    Farm Credit Administration and farm security.
            Jurisdiction of matters relating to.......................   715
    Federal mandates.
            Statements for conference reports relating to........ 1081, 1127
            Committee reports must contain effect of accompanying
                measures on............................. 790, 843, 845, 1127
            Effective date of Unfunded Mandates Reform Act............  1127
            Motion to strike..........................................   991
            Question of consideration to dispose of points of order
                raised under the Unfunded Mandates Reform Act of 1995
                                                                   910, 1127
            Rules Committee activity report to include waivers
                relating to....................................... 790, 1127
            Rules Committee may not waive certain points of order
                under Unfunded Mandates Reform Act of 1995............  1127
    Felony.
            Conviction of Member for, nonparticipation in committee
                and House business....................................  1095
            Senators and Representatives not privileged from arrests
                for...................................................90, 91
            Relation of privilege to cases of...................... 305, 306
            Congress to punish, on the high seas......................   126
            Extradition for...........................................   185
    Files.  See Papers.
    Financial audits.
            By Inspector General......................................   667
            House officers to cooperate in performance of..... 655, 660, 663
            Of House and joint entities...............................   667
    Financial disclosure.
            By Members, officers, principal assistants, and committee
                professional staff....................................  1103

    [[Page [1271]]]

            Ethics in Government Act..................................  1103
            Financial audits of House and joint entities..............   667
    Financial Services, Committee on..................................   722
    Fines.
            Excessive, not to be imposed..............................   215
            As condition of discharging Member arrested for absence...    55
    First reading.  See Reading.
    Fisheries.
            Jurisdiction of subjects relating to......................   732
            Marine Fisheries Conservation Act, expedited procedures
                under.............................................. 1130(22)
    Five-minute rule.
            Applicability to committee hearings.......................   802
            Closing of debate under...................................   987
            Former rule proscribing committee sittings during...... 324, 801
            Debate must be on the subject.............................   948
            Debate on motion to dispense with Calendar Wednesday......   900
            Debate on amendments submitted in advance and printed in
                Record................................................   987
            Debate on appeal in Committee of the Whole................   629
            Reading and amendment of bills under......................   980
            Pro forma amendments......................................   981
    Fix the day and hour, motion to.  See Adjourn, motion to.
    Flag.
            Jurisdiction of, subject of...............................   731
            Pledge of Allegiance......................................   869
    Flood control.
            Jurisdiction of subjects relating to......................   739
    Floor, Hall of House.
            Abuse of privilege of.....................................   679
            Admission of representative of press and radio to...... 693, 694
            Admission when the House is not sitting...................   680
            Prohibition on distribution of campaign contributions on
                                                                   650a, 683
            Decorum of Members on,  see Decorum.
            Duty of Sergeant-at-Arms to clear of nonprivileged persons   658
            Electoral count held in...................................   220
            Exhibits, use of,  see Exhibits.
            Persons and officials admitted during sessions of the
                House......................................... 678, 680, 681
            Sergeant-at-Arms enforces rules relating to privilege of..   658
            Speaker preserves order on............................. 331, 622
            Use of....................................................   677
            Yielding of, in debate,  see Debate.

    [[Page [1272]]]

    Food programs for children in schools.
            Jurisdiction over subjects related to.....................   720
    Forces.
            Conditions to make rules for land and naval...............   131
            Land or naval, trial for crimes in........................   212
    Foreign affairs.
            Arms Export Control Act, expedited procedures under.... 1130(16)
            International commodity agreements, jurisdiction over.....   729
            International economic policy, jurisdiction over..........   729
            International education, jurisdiction over................   729
            International financial and monetary organizations,
                jurisdiction over.................................. 722, 744
            International fishing agreements, jurisdiction over.... 732, 744
            International waters, jurisdiction over...................   729
            Limitation on loans to foreign entities................ 1013(32)
            Non-proliferation and nuclear export agreements... 729, 1130(10)
            President's relations to..................................   165
            Termination of Cuban Economic Embargo.................. 1130(28)
    Foreign Affairs, Committee on.  See International Relations, Committee
        on.
    Foreign coin.  See Coin.
    Foreign gifts and decorations.
            Constitutional prohibition................................   144
            House rules regarding................................. 753, 1100
            Law regulating acceptance.................................   145
    Foreign ministers.
            Admitted to the floor of the House........................   678
            Gallery for use of........................................   682
    Foreign nations.
            Judicial power extends to cases affecting certain.........   178
            Limitations on suits of subjects of, against..............   218
            Power of Congress to regulate commerce with...............   119
            States not to make engagements with, except on conditions.   148
            Titles, gifts from.................................... 144, 1100
    Forest reserves and forestry.
            Jurisdiction of bills relating to...................... 715, 732
    Forfeiture.
            In cases of, treason......................................   182
    Form of government.
            Republican, guaranteed to the State.......................   189
    Former Members, admission to floor.  See Floor.
    Forms.
            Of putting question
                For viva voce vote....................................   630
                On question of consideration..........................   906
                On engrossment and third reading of a bill............   941

    [[Page [1273]]]

                On the passage of a bill..............................   499
            Of resolutions of inquiry.................................   865
            Of reports from Committee of the Whole................. 333, 334
            Of salutation of reception of messages....................   564
            Of going into Committee of the Whole......................   328
            Of oath of Members........................................   197
    Forthwith.
            Reference with instructions to report.....................   917
    Forts.
            Jurisdiction of matters relating to.......................   718
            Power of Congress over places purchased for...............   134
    Forty minutes' debate.  See Debate.
    Fourteen days.
            Discharge of resolutions of inquiry..................... 864-867
    Franking privilege.
            House Commission on Congressional Mailing Standards.......  1113
            Limitation on use of......................................  1097
    Fraud.
            In introduction of a bill.................................   821
    Free conference.  See Conference.
    Freedom.
            Of religion, speech, the press, and right of assembly and
                petition..............................................   208
    Fugitives.
            From justice, extradition of..............................   185
            From service or labor, return of..........................   186
    Gallaudet College.
            Jurisdiction of bills relating to.........................   720
    Galleries.
            As to right to demand clearing of.........................   382
            Distribution, admission, and control of...................   682
            Members may not introduce occupants in, to House..........   966
            Power of Chairman of Committee of the Whole as to order in   970
            Speaker may order, to be cleared..........................   622
            The Press Gallery.........................................   693
            The Radio/TV Gallery......................................   694
    General Accounting Office, assistance to committees...............  1115
    General appropriation bills.  See Appropriations.
    General Counsel.
            Office of............................................ 670, 1125b
    General debate.  See Debate.
    General revenue sharing.
            Jurisdiction over.........................................   723

    [[Page [1274]]]

    General Services Administrator.
            Bills that become law deposited with................... 105, 109
    General welfare.
            Power of Congress to provide for..........................   117
    Geological survey.
            Jurisdiction of legislation relating to...................   732
    Germane.
            Amendments required to be germane.........................   928
            Amendment being considered, which would have been subject
                to a point of order, may be perfected by amendments
                germane to it.........................................  1058
            Amendments imposing conditions, qualifications, and
                limitations...........................................   940
            Amendments to bills amending existing law.................   939
            Burden of proof as to germaneness.........................   928
            Committee jurisdiction as test of germaneness.............   934
            Fundamental purpose as test of germaneness................   933
            A general provision not germane to a specific subject.....   937
            Instructions to committees and amendments thereto must be
                germane...............................................   930
            One individual proposition not germane to another.........   936
            Parliamentary law as to germaneness.......................   467
            Proposition to which amendment must be germane............   929
            Senate amendments and matter contained in conference
                reports, separate vote if not germane....... 931, 1089, 1090
            Specific subjects germane to general propositions of the
                class.................................................   938
            Subject matter as test of germaneness.....................   932
            Various tests of germaneness are not exclusive............   935
    Gifts.
            Acceptance of by House Administration Committee...........   753
            Foreign...................................................   144
            Gift rule.................................................  1100
    Government.
            Economy and efficiency in, jurisdiction over..............   723
            Intergovernmental relationships, jurisdiction over........   723
            Republican form of, guaranteed to the States..............   189
            Right of people to petition...............................   208
    Government Operations, Committee on.  See Government Reform, Committee
        on.
    Government Reform, Committee on.
            History and jurisdiction of...............................   723
            General oversight functions of......................... 743, 749
            Former requirement that oversight findings of to be
                included in reports of other committees...............   840
            Responsibility as to commemoratives.......................   823

    [[Page [1275]]]

    Government, seat of.
            Power of President to convene Congress at another place....  82,
                                                                     84, 171
            Power of Congress to legislate for........................   134
    Governors of States.
            Admitted to the floor of the House........................   678
            Fill certain vacancies in Senate..........................    34
            Issue writs to fill vacancies in representation...........17, 24
            May apply for protection against domestic violence........   189
            Power to demand fugitives from justice....................   185
    Grand Jury.
            Indictment by, as related to trial for crime..............   212
    Grants.
            Of land, judicial power extends to cases affecting certain   178
    Grievances.
            Right of people to petition for redress of................   208
    Grounds.
            Jurisdiction as to occupied or improved...................   739
    Guam, Delegate from.  see Delegates.
    Habeas corpus.
            Suspension of writ of.....................................   138
    Hall of the House.  See Floor, Hall of House; Galleries.
    Harbors.
            Jurisdiction of subjects relating to the improvement of...   739
    Hatch Act.
            Jurisdiction over subjects related to.....................   723
    Hats.
            Not to be worn by Members in the House................. 377, 962
    Heads of departments.  See also Departments.
            Admitted to the floor of the House........................   678
            Congress may vest appointment of certain inferior officers
                in....................................................   166
            Gallery for use of Cabinet................................   682
            Rule for reference of papers from...................... 873, 874
    Health.
            Jurisdiction over subjects related to generally...........   721
            Care and facilities supported by general revenues,
                jurisdiction over.....................................   721
            Care supported by payroll deductions, jurisdiction over...   741
            Biomedical research and development, jurisdiction over....   721
            Public health and quarantine, jurisdiction over...........   721
            Veterans' health care, jurisdiction over..................   740
            Human nutrition, jurisdiction over........................   715
    Hearings.
            Exclusion of Members and public from......................   798
            Five-minute rule when examining witnesses in..............   802

    [[Page [1276]]]

            On appropriation bills hearings and reports to be
                available three days in advance of consideration......   852
            Rules to be adhered to in......................... 746, 798, 803
    High crimes and misdemeanors, impeachable offenses.  See Impeachment.
    High seas.
            Punishment of piracies and felonies on....................   126
    Hissing.
            Not in order during debate................................   364
    Historian
            Office of House...........................................   669
    Holidays and celebrations.
            Jurisdiction of bills relating to.........................   723
    Holman rule.
            Decisions under Holman rule (in brief)....................  1062
    Homeland Security.
            Select Committee on....................................... 1112a
    Homes, soldiers'.  See Soldiers' homes.
    Honorarium.
            Limitations on................................. 1095, 1099, 1103
    Hour of meeting.
            Speaker takes Chair at....................................   621
            Fixed.....................................................   621
            Standing order as to, expires with the session............   386
            Jurisdiction of orders as to daily........................   733
            Motion to fix.......................................... 911, 913
    Hour rule.
            Of debate.................................................   957
    House Administration, Committee on.
            Allowances of Members and committees, authority to adjust
                                                                      86, 88
            Approval of reserve fund for committee expenses...........   763
            Availability for one day of reports on committee expense
                resolutions................................... 851, 764, 765
            Chairman and four members serve on Joint Committee on the
                Library...............................................  1110
            Chairman and four members serve on Joint Committee on
                Printing..............................................  1111
            Details to committees from Government agencies permitted
                by....................................................   779
            Duty as to acceptance of gifts............................  679d
            Duty as to approval of certain employment settlements.....  679e
            Duty as to relations of officers and employees to claims..  1102
            Duty as to direction of Inspector General.................   752
            [Former] Duty as to enrolled bills........................   754
            Duty as to termination of LSOs.............................. 88a

    [[Page [1277]]]

            Former Subcommittee on Administrative Oversight...........   744
            History, jurisdiction, and duties of................... 724, 750
            Oversight responsibilities................................   743
            Privileged reports from...................................   853
            Reports on committee expense resolutions............... 763, 764
            Reports on election cases.................................   853
            Responsibilities relating to committee staff........... 776, 779
    House as in Committee of the Whole.
            Procedure in............................................ 424-427
            Procedure in generally applicable to House committees...... 407,
                                                                         792
    House Calendar.
            Certain bills placed on, to await action of House.........   828
            Bills on, considered on Calendar Wednesday................   900
            Bills on, considered during ``Morning Hour''..............   880
            Bills from, on Corrections Calendar.................... 829, 898
    House of Commons.
            Members of.
                Common fame as ground for investigation of............   341
    Privilege of.......................................... 287-289, 305, 307
                Relation to the sovereign.............................   309
            Powers of and Procedure in.
                Call of the House.....................................   311
                Election of Speaker...................................   312
    Entry of votes in Journal of................................... 581, 582
                Jurisdiction of as to impeachments....................   601
                Motion to strike......................................   468
                Parliamentary law as to the adjournment of the Lords
                    and Commons.......................................   584
                Possession of a bill by...............................   437
                Power to punish for contempt..........................   296
    Previous question.............................................. 461, 463
                Principles as to disagreeing, insisting, and adhering.   521
                Privileged motions....................................   447
                Proceedings in cases of assaults and affrays..........   367
                Receipt of address....................................   316
                Rules as related to the privilege of minorities.......   283
            Sessions of Parliament....................................   588
    Voting in...................................................... 502, 505
    House of Representatives.
            Part of Congress..........................................     3
            Accounts, jurisdiction of matters relating to.............   724
            Assignment of rooms in office buildings...................  1114
            Attendance of, at an impeachment trial....................   617
            Authority as to treaties................................ 594-599
            Bicentennial, Office of...................................   669

    [[Page [1278]]]

            Bills for raising revenue to originate in................... 102
            Choice of President by................................. 221, 222
            Chooses Speaker and other officers................... 26-30, 640
            Composed of Members chosen by people......................   5-7
            Confirms nomination of Vice President.....................   253
            Contingent fund (applicable accounts of the House), leave
                to report on expenditures at any time.................   853
            Contingent fund (applicable accounts of the House),
                jurisdiction of matters relating to...................   724
            Door of, kept by Sergeant-at-Arms...................... 380, 658
            Early organization of.....................................  1126
            Electoral votes to be counted in presence of..............   219
            Employment of persons, jurisdiction of matters relating to   724
            Has power of impeachment..................................    31
            Historian for.............................................   669
            Indecent language against, not permitted in debate........   360
            Its power to make rules................................... 58-60
            Leadership, compensation, and emoluments of...............86, 89
            Library, Clerk's..........................................   650
            Library, jurisdiction of matters relating to..............   724
            May it prescribe qualifications of Members?...............    12
            Meets at 12 m.............................................6, 621
            Members,  see Members.
            Officers,  see Officers.
            Place of meeting,  see Place.
            Power of President to convene or adjourn..................   171
            Power to punish and expel its Members..................... 62-66
            Questions of privilege affecting........................ 698-668
            Required to keep a Journal................................    68
            Rules,  see Rules.
            Services, jurisdiction of matters relating to.............   724
            Use of Hall of............................................   677
            Vacancies in.............................................. 17-25
    House office buildings.
            Administration of, jurisdiction of matters relating to....   724
            Assignment of rooms in....................................  1114
            Jurisdiction of matters relating to.......................   739
    House offices.
            Compilation of....................................... 1113-1125c
    House Recording Studio.  See Recording Studio.
    House restaurant.  See Restaurant.
    Houses.
            Relation between two of Congress.
    Provisions of Legislative Reorganization Act of 1946 applicable to
    both.......................................................... 1105-1107

    [[Page [1279]]]

                Bill from one laid on the table in the other..........   520
                Communicate fact of rejection of a bill...............   568
                Complaint by one House of conduct of a Member of the
                    other.............................................   373
                Debate and proceedings in the other House not to be
                    noticed in debate.................................   371
                Duty of the Speaker to prevent expressions offensive
                    to the other House................................   374
                Do not communicate votes by which bills are passed....   567
                Each judge of elections...............................    46
                Information transmitted as to bills...................   520
                Messages between to be sent only when both are sitting   570
                Messages from the President usually sent to both at
                    once..............................................   571
                Neither should encroach on the other..................   308
                Procedure when an inquiry in one, implicates a Member
                    of the other......................................   323
                Procuring attendance of witness in custody of other
                    House.............................................   345
                Questions asked by committee, not by message..........   569
                Questions as to prerogatives committed to conference..   531
                Relations of, as to summoning Members or officers as
                    witnesses.........................................   292
                Right of each, to inspect Journal of the other........   582
                The other House and its Members not to be criticized
                    in debate.........................................   372
            Private.
                Security of, as to searches and seizures..............   211
                As to quartering of soldiers in.......................   210
    Housing.
            Jurisdiction of matters relating to public and private....   722
    Howard University.
            Jurisdiction of matters relating to.......................   720
    Immigration.
            Power of Congress over....................................   137
            Jurisdiction of subjects relative to......................   730
    Immunities.
            Of citizens not to be abridged............................   225
            Of citizens in States other than their own................   184
            Of witnesses before committees............................   343
    Impeachment.
            Civil officers removable by...............................   173
            As to who is a civil officer..............................   174
            Nature of impeachable offenses............................   175
            Later impeachment inquiries...............................   176
            Cases of, not to be tried by jury.........................   180

    [[Page [1280]]]

            House has sole power of...................................    31
            Senate alone tries........................................    38
            Conviction by two-thirds only.............................    38
            Judgment in cases of......................................    41
            President not to pardon in cases of.......................   162
            Jurisdiction of Lords and Commons as to...................   601
            Parliamentary law as to accusation in.....................   602
            Inception of proceedings in the House of Representatives..   603
            A proposition to impeach a question of privilege..........   604
            Investigation of charges..................................   605
            Procedure of committee in investigating...................   606
            Common fame as ground for investigation with view to......   341
            Carried to the Senate.....................................   607
            The writ of summons for appearance of respondent..........   608
            Exhibition and form of articles...........................   609
            Parliamentary law as to appearance of respondent..........   610
            Requirements of the Senate as to appearance of respondent.   611
            Answer of respondent......................................   612
            Other pleadings...........................................   613
            Examination of witnesses..................................   614
            Attendance of the Commons.................................   616
            Attendance of the House of Representatives................   617
            Voting on the articles in the trial.......................   618
            Judgment in...............................................   619
            Not interrupted by adjournments...........................   620
            Continued before the Senate from session to session.......   592
    Importation.
            Of persons, power of Congress over........................   137
            Of intoxicating liquors...................................   248
    Imports.  See Taxes and tariffs.
    Imposts.  See Taxes and tariffs.
    Impoundment.
            Control Act of 1974.................................... 1130(6a)
            Impoundment resolutions, definitions, and procedures for
                consideration of................................... 1130(6a)
            Deferral of appropriations, jurisdiction over.......... 716, 717
    Imprisonment.
            Of person who assaulted a Member..........................    91
            As to termination of an order of..........................   386
    Inability.
            Of President or Vice President.................... 155, 254, 255
            Of President-elect or Vice President-elect................   244
    Inauguration.
            Ceremonies of.............................................   159
            Joint Committee on........................................  1112

    [[Page [1281]]]

            Of President when day falls on Sunday.....................   150
    Incapacity.  See also Vacancy.
            Of Members-elect..........................................   205
            Of the President..........................................   256
    Income.
            Limitation on outside earned..............................  1099
    Incompatible offices.
            Relation of Members to................................... 97-101
            As to what are............................................    98
            Jurisdiction of matters relating to.......................   730
    Indefinite postponement.
            Use of the motion for.....................................   443
    Index.
            Of the Journal, Clerk to make.............................   647
    Indians.
            Jurisdiction of subjects relating to................... 720, 732
            Authority of House as to Indian treaties..................   598
            Power of Congress to regulate commerce with...............   119
            Excluded from basis of representation where not taxed.....   226
    Indictment.  See also Impeachment.
            Of grand jury as related to trial for crime...............   212
    Informal rising of Committee of the Whole.  See Committee of the Whole.
    Information.
            Classified, oath not to disclose..........................  1095
            To be given to Congress by the President............... 169, 170
    Inhabitancy.
            As qualification of a Member..............................    11
            As qualification of a Senator.............................    35
            As qualification of the President of the United States....   154
            As modifying the vote of presidential electors............   219
            As a condition of citizenship in the United States and the
                States................................................   225
    Inland waterways.
            Jurisdiction of matters relating to.......................   739
    Inquiry.
            Resolution of.
                As related to the Executive...........................   868
                Discharge of committee from...........................   867
                Form and delivery of..................................   865
                Privileged status of..................................   866
                Rule relating to......................................   864
            For an investigation.  See Investigations.
            Parliamentary.
                No appeal from responses to...........................   629

    [[Page [1282]]]

    Insert, motion to.  See Amendment.
    Insist, motion to.  See Amendments between the Houses.
    Inspection laws.
            Rights of States to levy duties or imposts, to execute....   147
    Inspector General.
            Office of.................................................   667
    Instructions.  See Commit; Conference; Discharge; Recommit; Recommittal;
        Refer.
    Insular affairs.
            Jurisdiction of revenue matters...........................   741
            Jurisdiction of subjects relating to, generally...........   732
    Insult.
            Member censured for, to the House.........................    65
            Bills or petitions excluded for being insulting........ 818, 891
    Insurrection.
            Suppression of............................................   132
            Debts incurred in suppressing, not to be questioned.......   232
            Debts incurred in aid of, not to be paid..................   232
            Participation in, as a disqualification for office........   230
    Intelligence, Permanent Select Committee on.
            History and jurisdiction of...............................   785
            Oversight jurisdiction of.................................   744
            Procedures for disclosure of classified information... 785, 1095
    Interest.
            Disqualifying personal, as to voting.............. 376, 671, 672
    Intergovernmental cooperation, jurisdiction over..................   723
    Internal Revenue Taxation, Joint Committee on.....................  1109
    Internal security.
            Jurisdiction over.........................................   731
    International Relations, Committee on.
            History and jurisdiction of...............................   729
            Special oversight functions of............................   744
            Reports private bills.....................................   817
    Interoceanic canals.
            Jurisdiction of matters relating to.......................   718
    Interruptions.
            Procedure as to, during debate............................   364
            Member having the floor not to be interrupted by motions..   946
            Of Member having the floor in debate......................   945
            Of Member having the floor, by a call to order............   393
            Of business or debate, by conference report...............  1077
            Of a record vote..........................................  1018
            Of record vote by recess not permitted....................   586
            Of the call of committees.................................   881
    Interstate commerce.
            Jurisdiction of bills relating to.........................   721

    [[Page [1283]]]

    Interstate Commerce Commission, jurisdiction over.................   739
    Interstate compacts.  See Compacts.
    Intervening questions.  See Privileged Questions; Privilege, questions
        of.
    Intoxicating liquors.
            Jurisdiction of bills relating to interstate commerce in..   730
            Jurisdiction as to sale of, in District of Columbia.......   723
            Transportation and importation under the 21st amendment...   248
    Introducer, right to speak twice.  See Debate.
    Introduction of bills.  See Bills.
    Invasions.
            Repelling of..............................................   132
            States to be protected against............................   189
            Suspension of writ of habeas corpus for...................   138
    Inventors.
            Congress may provide for patents for......................   124
    Investigation.  See also Committees; Contempt; Counsel; Impeachment;
        Witnesses.
            Common fame as a ground for...............................   341
            Earlier and later practice as to, inquiries at the bar of
                the House.............................................   344
            Jurisdiction of resolutions ordering......................   733
            Method of obtaining testimony of a Member of the other
                House.................................................   347
            Procedure when a Member or Senator is involved.......... 321-323
            Procuring attendance of a witness in custody of the other
                House.................................................   345
    Involuntary servitude.
            Not to exist except for punishment for crime..............   224
    Irrigation and reclamation.
            Jurisdiction of subjects relating to......................   732
    Island possessions.
            Jurisdiction of matters relating to.......................   732
    Jefferson's Manual.
            As source of general parliamentary law....................    60
            Part of rules of House....................................  1105
            Purposes and methods of preparation of (footnote).........   283
            Text of................................................. 283-620
    Jeopardy.
            Of life and limb, not to occur twice......................   212
    Joint committees.  See Committees, joint.
    Joint resolutions.
            Nature and use of.........................................   397
            Clerk certifies to passage of.............................   648
            For amendments to Constitution, not approved by President.   115
            Division of, not in order on vote on engrossment or
                passage...............................................   921

    [[Page [1284]]]

            Signed by Speaker.........................................   624
            Use of, to correct an error in a bill sent to the
                President.............................................   518
            Used for abrogating treaties..............................   599
            Used for amendment to the Constitution....................   191
    Joint rules.
            Jurisdiction as to........................................   733
            Abrogated............................................... 61, 316
            Reference to..............................................  1105
    Joint sponsorship.  See Bills; Memorials.
    Journal.
            The official record.
                Clerk to publish and distribute.......................   647
                House required to keep and publish....................    68
                Not to go out of Clerk's custody......................   352
                Secrecy of portions of................................    68
    The official record............................................. 69, 582
            Entries in.
                Record of proceedings only............................    70
    Clerk to note questions of order in............................ 628, 647
                Conditions under which reports are printed in.........   422
                Control of House over.................................    71
                Of amendments.........................................   580
                Of certain messages...................................   815
                Of conference reports.................................   542
                Of hour of adjournment................................   790
                Of introduction of bills, petitions, and resolutions
                    in................................................   818
                Of Members noted to make a quorum.....................  1020
                Of messages from President............................   875
                Of motions............................................   902
                Of motions (obsolete provisions as to)................   578
                Of motions to discharge committees....................   892
                Of names of absentees when quorum fails in Committee
                    of the Whole......................................   982
                Of names of Members appearing during call of the House  1021
                Of President's objection to a vetoed bill.............   104
    Of questions and answers in, at examinations at the bar of the
    House.......................................................... 343, 344
                Of questions postponed or laid on the table...........   579
                Of record of votes....................................    72
                Of former recorded teller votes in Committee of the
                    Whole or in House.................................  1013
    Of reference of public bills, memorials........................ 825, 826
                Of report of enrolled bills presented to the President   577
                Of titles of reported bills...........................   831
                Of votes in, in the House of Commons..................   581

    [[Page [1285]]]

                Of yeas and nays generally............................ 75-80
                Of yeas and nays on vetoed bill.......................   104
    Relations of, to presence of a quorum.......................... 55, 1027
                Words of censure......................................    65
            Reading of.
                For approval..........................................   621
    As related to quorum........................................... 55, 1027
                Business not transacted before........................   621
                Disorder during.......................................   621
                Interruption of.......................................   621
    Member sworn in before......................................... 201, 621
                Motion to adjourn before..............................   621
                Motion that, be read in full only upon rejection of
                    Speaker's approval................................   621
                Place in order of business............................   869
                Reading of, not interrupted by conference report......  1077
                Reading of, may be interrupted by a question of
                    privilege.........................................   710
            Amendment and approval.
    Amendment of.................................................... 74, 621
    Approval of, by House........................................... 73, 621
                Correction of, through a committee....................   583
                Postponement of record vote on, approval of...........  1030
                Preliminary approval by Speaker.......................   621
    Judges.
            Bound by Constitution and laws............................   195
            Of Supreme Court, President appoints......................   166
            Of Supreme Court, admitted to the floor...................   678
            Of Supreme Court, gallery for use of......................   682
            Tenure and compensation of................................   177
            As to impeachable offenses by........................... 174-176
    Judgment in impeachments.  See Impeachment.
    Judicial expenses.
            Jurisdiction of appropriations for........................   716
    Judicial officers.
            Bound by oath to support the Constitution.................   196
    Judicial power.
            Jurisdiction of Supreme Court.............................   179
            Limitations of, in suits in law and equity................   218
            Scope of..................................................   178
            Vested in supreme and inferior courts.....................   177
    Judicial proceedings.
            States reciprocally to give full faith and credit to......   183
            Jurisdiction of subjects relating to......................   730

    [[Page [1286]]]

    Judiciary, Committee on the.
            History and jurisdiction of............................ 730, 731
            Reports private claims bills........................... 730, 817
            Records transferred to from former Committee on Internal
                Security..............................................   731
    Jurisdiction.
            Of committees of the House.
                Conferred by uncorrected error in reference of public
                    bill..............................................   825
                Not conferred by erroneous reference of private bill..   824
    Of the Permanent Select Committee on Intelligence.............. 744, 785
                Referrals to assure each committee opportunity to
                    report on subjects within.........................   816
            Of the standing committees, severally.
                Agriculture...........................................   715
                Appropriations........................................   716
                Armed Services........................................   718
                Budget................................................   719
                Energy and Commerce...................................   721
                District of Columbia, former Committee on.............   723
                Education and the Workforce...........................   720
                Financial Services....................................   722
                Government Reform.....................................   723
                House Administration..................................   724
                International Relations...............................   729
    Judiciary...................................................... 730, 731
    Merchant Marine and Fisheries, former Committee on... 718, 732, 735, 739
                Post Office and Civil Service, former Committee on....   723
                Resources.............................................   732
                Rules.................................................   733
                Science...............................................   735
                Small Business........................................   736
                Standards of Official Conduct.........................   737
                Transportation and Infrastructure.....................   739
                Veterans' Affairs.....................................   740
                Ways and Means........................................   741
            Of the United States.
                As related to citizenship.............................   225
                Slavery and involuntary servitude forbidden in places
                    under.............................................   224
            Of the Supreme Court.
                Original and appellate, of Supreme Court..............   179
    Jurors.
            All cases of crimes to be tried by, except in impeachments   180
            Grand, indictment by, as related to trial for crime.......   212
            Privilege of Members of Congress as to summons as...... 290, 291

    [[Page [1287]]]

            Privilege of members of Parliament as to summons as.......   287
            Relation of trial by, to impeachment......................   615
            Right to trial by, in criminal prosecutions...............   213
            Suits at common law tried by..............................   214
    Justice.
            An object of the Constitution.............................     1
            Extradition of fugitives from.............................   185
    Kings.
            Gifts, titles, to be accepted on conditions...............   144
    Labor.
            Return of fugitives from..................................   186
            Jurisdiction of regulation or prevention of importation of
                contract labor........................................   720
            Jurisdiction of matters relating to transportation labor..   739
            Jurisdiction of subjects relating to, generally...........   720
    Land forces.
            Congress to make rules for................................   131
    Lands.
            Alaska National Interest Lands Conservation Act, expedited
                procedures under................................... 1130(20)
            Federal Land Policy and Management Act, expedited
                procedures under................................... 1130(21)
            Indian, jurisdiction as to................................   732
            Irrigation of, jurisdiction as to.........................   732
            Judicial power extends to cases affecting certain grants..   178
            Jurisdiction as to occupied or improved grounds...........   739
            Jurisdiction of private claims to...................... 679, 817
            Mineral, jurisdiction of matters relating to..............   732
            Public, jurisdiction of matters relating to...............   732
    Law.
            As related to legislative functions.
                As agency for prescribing qualifications..............    12
                As related to power of House to elect officers........29, 30
    Application of laws to legislative branch,  see Congressional
    accountability.
                Appropriations to be made by..........................   143
                Authority to administer oaths conferred by............    59
                Bill to be approved before becoming...................   104
                Civil and criminal, jurisdiction of subjects related
                    to................................................   730
                Fixes compensation of Representatives and Senators....    86
    Meeting of Congress by.......................................... 45, 279
                Of Congress as related to power to judge elections....    51
                Of State as related to House's power of judging
                    elections......................................... 48-50
                Passed over veto by two-thirds........................   104

    [[Page [1288]]]

                Procedures contained in, for congressional vetoes of
                    executive action..................................  1130
    Relation of, to power to determine rules.................. 59, 388, 1130
                Revision of, jurisdiction of subjects relating to.....   730
                That of 1789 relating to administration of oath at
                    organization......................................   198
            Parliamentary.
                General, before adoption of rules.....................    60
                Jefferson's Manual as a statement of the parliamentary   284
                Relations of the parliamentary law to the early
                    practice of Congress..............................   285
            Making and execution of.
                Congress to provide for calling forth militia to
                    execute...........................................   132
                Power of Congress to make.............................   136
                President to see that laws are faithfully executed....   172
                When made in pursuance of the Constitution the supreme
                    law of the land...................................   195
            Relations of judicial power to.
                Congress may fix places for trial of certain crimes by   180
                Judicial power extends to all cases of................   178
                Jurisdiction of Supreme Court as to...................   179
                Jury trial for suits at common........................   214
                Limitation of judicial power in suits of..............   218
                Of United States, judicial power extends to cases
                    arising under.....................................   178
                Rules of, in courts...................................   214
            Guarantees of liberty and property.
                Due process of, no person to be deprived of life,
                    liberty, or property without......................   212
                Due process of, no person to be deprived of life,
                    liberty, or property by a State without...........   225
                Equal protection of, guaranteed.......................   225
                Impairing obligations of contract, no State to pass...   146
                No ex post facto, to be passed........................   139
                States not to pass ex post facto......................   146
            In General.
    Application of laws to legislative branch,  see Congressional
    accountability.
                Certain, of States subject to revision and control of
                    Congress..........................................   147
                Of nations, offenses against..........................   126
                Punishment of, additional to impeachment..............    41
                Treaties abrogated by.................................   599

    [[Page [1289]]]

    Law Librarian.
            Admitted to floor of the House............................   678
    Law Revision Counsel.
            Office of, establishment and duties of....................  1120
    Lay on the table, motion to.
            Conditions, precedence, and effect of.
    Precedence and general effect and conditions of................ 911, 914
                Conditions of, repetition of..........................   918
                Effect of, as to main question and secondary questions   914
                May intervene before Member in charge begins debate...   955
                Not debatable.........................................   911
                Not in order in Committee of the Whole................   914
                Older and modern use of...............................   445
            Relations to other motions.
                May be applied to other secondary motions.............   914
                Not in order after previous question is ordered.......   914
                Relations of, to motion to reconsider.................  1009
                Relations of, to the previous question................   998
            Application of.
                Applicable to bills from the other House..............   519
                Applicable to preamble of a resolution................   414
                Applicable to vetoed bill.............................   108
                Applicable to Senate amendments.......................  528d
                Not applied to a conference report....................   550
    Leadership.
            Bipartisan Legal Advisory Group, members of...............   670
            Coordination of oversight plans...........................   743
            Joint recall authority....................................    84
            Member of on Budget Committee.............................   758
            Special order hours.......................................   950
            Staff allowances..........................................    89
            Staff floor privileges....................................   678
            Clearance of certain unanimous consent requests...........   857
    Leave for committees to report at any time.  See Committees.
    Leaves of absence.  See Absence.
    Leave to print in Congressional Record.  See Congressional Record.
    Legal tender.
            States restricted as to making............................   146
    Legislation.
            On general appropriation bills prohibited,  see
                Appropriation Bills.
            Power of Congress as to District of Columbia and ceded
                places................................................   134
            Power of Congress to legislate to enforce the 13th, 14th,
                  and 15th amendments...........................  224, 233,
                                                                         234

    [[Page [1290]]]

            Territorial, revision of, jurisdiction as to..............   732
    Legislative call system...........................................  1016
    Legislative Counsel, Office of....................................  1118
    Legislative day.
            Speaker takes Chair on each...............................   621
            Journal dated as of.......................................    69
    Legislative expenses.
            Jurisdiction of appropriations for........................   716
    Legislative oversight by standing committees.  See Committees.
    Legislative powers.  See also Congress, powers of.
            Of Congress............................................ 117, 136
            Vested in Congress........................................     3
    Legislative service organizations.................................   88a
    Legislative veto.
            Laws providing mechanisms for congressional disapproval...  1130
    Legislatures of States.
            Function of, in prescribing times of elections of
                Representatives.......................................42, 43
            As related to qualifications of Electors..................     7
            Choose Senators (obsolete)................................    32
            Constitutional convention to be called on application of..   190
            In recess of, governor appoints Senator (obsolete)........    34
            May apply for protection against domestic violence........   189
            May empower State executive to make temporary appointment
                of Senator............................................   236
            Power as to joining or dividing of their States...........   187
            Direct manner of appointment of electors of President.....   151
            Power of Congress over places purchased with consent of...   134
            Members of, bound by oath to support the Constitution.....   196
            Ratification of constitutional amendments by..............   190
    Letters of Marque.
            And reprisal, Congress to grant...........................   127
            States not to grant.......................................   146
    Liberty.
            An object of the Constitution.............................     1
            No person to be deprived of it without due process of law.   212
            No State to deprive a person of, without due process of
                law...................................................   225
    Librarian.
            Preserves committee hearings..............................  1107
            Of Congress, admitted to floor of House...................   678
            Assistant in Law Library admitted to floor of House.......   678
    Library.  See also Congressional Research Service.
            Of Congress, jurisdiction of Committee on House
                Administration as to..................................   727

    [[Page [1291]]]

            Of Congress, jurisdiction of matters relating to buildings
                and grounds...........................................   739
            Of Clerk's office, certain books and documents to be
                retained in...........................................   650
            Preserves committee hearings..............................  1107
            Joint Committee on........................................  1110
    Lie.
            Not to be charged against Member in debate................   363
    Life.
            No person to be deprived of it without due process of law.   212
            No State to deprive a person of, without due process of
                law...................................................   225
            Persons not to be put twice in jeopardy of................   212
    Lighthouses.
            Jurisdiction of subjects relating to......................   739
    Limitations.
            On general appropriation bills,  see Appropriation bills.
            On outside earned income..................................  1099
            On use of frank...........................................  1097
    Line item veto authority.
            Presidential authority................................. 1130(6b)
    Lists.
            Presidential electors to make certain.....................   219
    Loans (foreign).
            Jurisdiction of matters relating to............... 729, 730, 731
    Lobby.
            Speaker may order, to be cleared..........................   622
            Power of Chairman of Committee of the Whole as to order in   970
    Lobbying.
            By committee consultants..................................  1095
            Jurisdiction of matters relating to.......................   731
            Gifts from lobbyists........................... 1095, 1100, 1103
    Loss of a bill.  See Bills.
    Loyalty.
            As related to the oath and qualifications.............. 205, 230
            Removal of disabilities as to.............................   231
    Mace.
            Symbol of Sergeant-at-Arms................................   657
    Magazines.
            Power of Congress over places purchased for...............   134
    Mail.
            Delivery of...............................................   668
            Jurisdiction of bills relating to.........................   723
            House Commission on Congressional Mailing Standards.......  1113

    [[Page [1292]]]

    Majority.
            Required in elections.
                Necessary for election on ballot vote.................  1034
                Of Senators for choice of a Vice President............   263
                President chosen by...................................   263
    Speaker elected by.............................................. 27, 312
            In procedure of the House.
    Constitutes quorum of a standing or select committee for certain
    actions.............................................. 409, 798, 799, 805
                Constitutes quorum of House...........................52, 53
                Decisions of the House reached by.....................   508
                May reconsider a vote ordering yeas and nays..........    79
                Questions as to priority of business decided by.......   884
    To send bill to conference on motion................... 1069, 1070, 1071
                Rules to be a restraint on............................   283
                Special requirements as to two-thirds vote............   509
    Managers of a conference.  See Conference.
    Manner of elections.  See Elections.
    Manual, Jefferson's.  See Jefferson's Manual.
    Marine affairs.
            Jurisdiction over subjects related to.....................   732
    Marine hospitals.
            Jurisdiction as to........................................   721
    Maritime jurisdiction.
            Judicial power extends to cases of........................   178
    Marque, Letters of.
            Congress to grant.........................................   127
            States not to grant.......................................   146
    Mass mailing.
            Franking of...............................................  1097
    Measures.
            Congress to fix standard of...............................   121
            Jurisdiction of subjects relating to......................   735
    Meeting.
            Of Congress.
    Once every year................................................. 45, 242
                Laws appointing different day for.....................   243
                Power of President to convene.........................   171
                Other power to convene................................   171
                Time of...............................................     6
                Jurisdiction of bills to change date of...............   730
    Duties of Clerk at organization of the House.................... 643-645
    Administration of the oath at organization...................... 198-204
            Of the House.
                Speaker takes Chair at hour of........................   621

    [[Page [1293]]]

                Standing order as to daily hour of, expires with the
                    session...........................................   386
                Jurisdiction of orders as to..........................   733
            Of committees.
    Of committees............................................. 407, 793, 805
    Former rule proscribing committee sittings during five-minute rule
                                                                    324, 801
                Of managers of a conference...........................   548
                Of presidential electors in the several States........   262
                Power to sit and act inside United States.............   805
                When chairman refuses to call.........................   793
    Members.
            Election of.  See Elections; Contested elections.
            Vacancies by death, resignation.  See Vacancies.
            Qualifications of.  See Qualifications.
            Relations of, to oaths.  See Oath.
            Compensation, seats, rooms, and clerks.
    Admission to floor of House,  see Floor.
                Clerk to distribute certain documents to..............   649
                Clerk formerly kept stationery accounts of............   642
                Clerk to furnish to, a list of certain reports........   646
                Committee on House Administration may adjust certain
                    allowances........................................86, 88
    Compensation of.............................................. 85-88, 258
                Compensation may not vary until intervening Congress..   258
                Family and card galleries for use of..................   682
    Franking privilege........................................... 1097, 1113
                Jurisdiction over subjects related to.................   724
                Jurisdiction over travel matters of...................   724
    Mileage of, determined by a committee........................... 85, 724
                Nondiscrimination in employment by....................  1095
                Members' Representational Allowance...................    88
                Outside earned income of..............................  1099
                Rooms of, in office building..........................  1114
                Sergeant-at-Arms formerly disbursed pay and mileage of   648
                Spouses of, employment of.............................  1095
                Travel on official business, designation by Speaker...   636
                Unofficial office allowances prohibited...............  1096
            Privilege of.
                Questions of privilege affecting, defined by rule.....   698
                Arrest, privilege of Members from.....................90, 91
                Arrest, parliamentary law as to arrest of a Member....   307
    Attitude of the House as to demands of the courts.............. 291, 697
                Privilege of Members..................................   698

    [[Page [1294]]]

                Jefferson's discussion as to going and returning......   289
                Jefferson's discussion as to rights of courts to
                    summon as witnesses and jurors....................   290
                Jefferson's review of privilege of members of
                    Parliament........................................   287
                Members of Congress under the Constitution............   288
                Neither House to exercise authority over those of the
                    other.............................................   373
    Not to be questioned in another place for speech or debate....... 92, 93
    Scope of privilege of speech and debate......................... 93, 301
                Parliamentary law as to questioning for speech or
                    debate............................................   302
                Parliamentary law of privilege as related to treason,
                    felony............................................   305
    Power of the House to punish for attempts against.............. 293, 299
                Precedence of questions of personal privilege.........   698
                Privilege of, of Parliament...........................   287
                Raising questions of privilege........................   698
                Relations of, to privilege............................   301
                Relations of the courts to parliamentary privilege....   303
                Rule for responding to subpoenas......................   697
                Relations of sovereign to members of Parliament.......   309
                Status of Member-elect as to..........................   300
            Attendance of.  See Attendance.
            Decorum of.  See Decorum.
            Drug testing of.  See Drug testing.
            Introduction of bills and petitions by.  See Bills; Petitions.
            In debate.  See Debate.
            Right to seat.
                Leave to report matters relating to at any time.......   853
            Rights of, as to motion.
    Conditions of motion to reconsider by........................ 1003, 1004
                In charge of bill, relations of, to previous question.   997
                Motions reduced to writing on demand of...............   902
                Rights of, as to motions to discharge committees......   892
    Rights of, as to motions to suspend the rules.................. 885, 888
                Rights to demand question of consideration............   906
            Rights to have papers read.
                Do not necessarily have a right to have papers read on
                    plea of privilege.................................   433
    Former rights of, as to reading of papers in their places..... 434, 964,
                                                                         965
    Right of, to have paper read once.............................. 432, 964
                But no right where question is not put................   433

    [[Page [1295]]]

            General rights as to procedure.
                As to right to attend a select committee..............   410
                As to right to attend committee hearing...............   798
                Impeachment may be instituted on responsibility of....   603
    May appeal from decisions of Speaker........................... 624, 629
                May not enter protests on the Journal.................    70
                Right of, to cause a secret session...................   969
                Right of, as to calling up bills taken from committees
                    on motions to discharge...........................   892
    Rights of, as to placing adverse reports on the calendar....... 832, 893
    Rights of, to demand the execution of a subsisting order....... 381, 872
                Rights of, to inspect the Journal.....................   582
                Rights of, access to committee files..................   796
            Voting of.  See Voting.
            In general.
                Memorial Day for deceased, jurisdiction of matters
                    relating to.......................................   724
                Prohibition on distribution of campaign contributions
                    in Hall of House..................................   683
    Members-elect.
            Admitted to floor of the House............................   678
            Election of, to an incompatible office....................    99
            Punishment of............................................. 62-66
            Franking privilege........................................  1113
            Oath of, as related to quorum.............................    56
            Questions as to seating under disabilities of fourteenth
                amendment.............................................   231
            Relations of, to incompatible offices.................... 98-101
            Status of, as to privilege, oath, committee service.......   300
    Memorials.
            Introduction and reference of..................... 816, 818, 825
            Joint sponsorship of......................................   825
            Correction of reference of............................. 824, 825
            Duties of Speaker and Members in presenting...............   818
            Exclusion of..............................................   824
            Introduction by request...................................   826
            Nature of.................................................   389
    Merchant marine.
            Jurisdiction of, subjects relating to.................. 718, 739
    Merchant Marine and Fisheries, former Committee on.
            Former jurisdiction transferred.............. 718, 732, 735, 739

    [[Page [1296]]]

    Messages.
            Usages as to.
                As to neglected bills.................................   570
                At organization of two Houses.........................    56
                Between the Houses as to vetoed bills.................   106
                Certain, entered in Journal and Record................   815
                Certain required by law...............................   169
                Confidential, from the President or Senate............   969
                Correction and return of messages.....................   565
                Disposal of messages after reception..................   566
    From the Senate, reference of.................................. 873, 874
                From the Senate, Clerk may receive in adjournment.....   652
                Information by message as to bills passed.............   567
                Information by message as to rejection of bills.......   568
    Informal rising of Committee of the Whole, to receive.......... 330, 563
                Questions asked by conference, not by message.........   569
                Quorum not required during receipt of.................  1027
                Received during a record vote.........................  1018
                Received, but not read in absence of quorum...........    55
                Received during debate................................   561
                Reception during voting, absence of a quorum..........   562
                Salutation of messengers by the Speaker...............   564
                Sent only when both Houses are sitting................   560
            Of the President.
                Clerk may receive in period of adjournment............   652
    To Congress............................................... 168, 169, 571
                Notice of approval of bills by President sent by......   106
                Reception and action on...............................   170
                Reading and action on, when bill is vetoed............   107
                Entered on Journal and Record.........................   875
    Rule of reference of............................................ 873-875
                Reference and distribution of annual..................   875
    Metric system.
            Jurisdiction of matters relating to.......................   735
    Migration.
            Of persons, power of Congress as to.......................   137
    Mileage, allowance of.
            Of Representatives........................................    86
            Sergeant-at-Arms formerly disbursed.......................   648
            Committee on House Administration ascertains..............   724
    Military academy.
            Jurisdiction of matters relating to.......................   718
    Military affairs.
            Jurisdiction of subjects relating to......................   718

    [[Page [1297]]]

    Military and naval records.
            Bills to correct, banned..................................   822
    Military bases.
            Disapproval procedures relating to closures and
                realignments of.................................... 1139(25)
    Military parks.
            Jurisdiction of subjects relating to......................   732
    Military reservations.
            Jurisdiction of matters relating to.......................   718
    Militia.
            Congress to provide for calling forth.....................   132
            Congress to provide for organizing, arming, and
                disciplining..........................................   133
            Right to bear arms........................................   290
            President Commander in Chief of, in certain cases.........   160
            Trials for crimes in......................................   212
    Minerals.
            Jurisdiction of matters relating to.......................   732
    Miners, welfare of.
            Jurisdiction of matters relating to.................... 720, 732
    Mines and mining.
            Jurisdiction of subjects relating to......................   732
    Ministers, public.
            Duty of President to receive..............................   172
            Foreign, admitted to the floor of the House...............   678
            Gallery for use of foreign................................   682
            Judicial power extends to cases affecting.................   178
            Jurisdiction of Supreme Court in cases affecting..........   179
            President appoints........................................   166
    Minority.
            Committee staff for,  see Committee staffs.
            Debate equally divided for, on conference reports and
                amendments in disagreement............................. 1086
            Of managers of a conference may not submit a report.......   543
            Reference of views of, on committee reports to Calendar...   831
            Rules for the protection of...............................   283
            Signing and filing of views of......................... 833, 804
    Mints.
            Jurisdiction of subjects relating to......................   722
    Misdemeanors.
            As to what are............................................   175
            Impeachable offenses.............................. 173, 175, 176
    Mondays.
            First, in December of meeting of Congress (obsolete)......    45
            Every Monday for suspension of rules......................   885
            Second and fourth, for District of Columbia bills and
                motions to discharge committees.................... 892, 894

    [[Page [1298]]]

    Money.
            Account of public, to be published........................   143
            Appropriations of, considered in Committee of the Whole...   973
            Congress to coin and regulate the value of................   121
            Jurisdiction over deposit of public.......................   741
            No appropriation of, for armies for longer term than two
                years.................................................   129
            Not to be drawn from Treasury except on appropriation.....   143
            Power of Congress to borrow...............................   118
            Proper application of, and enforcement of payment of,
                jurisdiction as to....................................   723
            Public bills appropriating, placed on Union Calendar......   828
            States not to coin or issue...............................   146
    Monuments.
            Jurisdiction of bills relating to.........................   732
    Morning hour.
            Rule and practice for consideration of bills in........ 880, 881
            For call of committees, place of, in order of business....   869
            Unfinished business in....................................   879
            Interruption of........................................ 882, 883
            Debates...................................................   951
    Motions.
            In general.
                Calls for orders of the day, obsolete.................   393
    Certain, only in order in absence of quorum.................... 55, 1022
                Conditions of withdrawal..............................   904
                Considered to be pending as to recommendations of
                    Committee of the Whole............................   338
                For practice as to, in rejection and second reading of
                    bills.............................................   484
                In some cases considered as pending...................   945
    In order during call of the House............................ 1024, 1026
                Incidental questions intervening during consideration
                    of main question..................................   457
                Intervening questions relating to reading of papers,
                    obsolete..........................................   459
    Matters of privilege as intervening questions....................... 457
                None to be made except by rising and addressing the
                    Chair.............................................   394
                Not to interrupt Member having the floor..............   393
                Obsolete parliamentary law as to entry of, in the
                    Journal...........................................   578
                Parliamentary law as to making and reading............   392
    Parliamentary law as to withdrawal of.......................... 392, 460
    Reading or statement of........................................ 392, 904
                Reduced to writing and entered on the Journal.........   902
                Repetition of motions.................................   918
                Second not required for ordinary......................   392
                Usually required before debate may proceed............   945

    [[Page [1299]]]

            Coexisting and equivalent.
                Jefferson's discussion of coexisting..................   483
                Equivalent, in general................................   485
    Where negative of one amounts to affirmative of another......... 485-488
            Dilatory.
                Debate for 10 minutes not allowed when offering of
                    amendments printed in Record is...................   987
                Dilatory motions not admitted pending motion to
                    suspend the rules.................................   890
                Forbidden pending report from Committee on Rules......   857
                Right to demand yeas and nays not to be overruled as..    77
                To be ruled out generally.............................   903
            In Committee of the Whole.
    To adjourn and for the previous question not in order in Committee
    of the Whole................................................... 333, 334
                To close general debate...............................   979
                To reconsider, not used in Committee of the Whole.....   416
    To strike out enacting words................................... 988, 989
    Those admitted in ``House as in Committee of the Whole''........ 425-427
                To rise and report at conclusion of reading general
                    appropriation bill................................  1040
            Putting the question on.  See Putting the question.
            Privileged motions, generally.  See also Privileged questions.
                General principles of priority of motions.............   449
                Jefferson's discussion of certain privileged motions..   441
                Laws attaching privilege to congressional disapproval
                    procedures........................................  1130
    Matters of privilege as intervening business............... 458, 698-713
                Obsolete intervening questions relating to reading of
                    papers............................................   459
                Obsolete parliamentary law governing orders of the day   440
                Obsolete provisions as to priority of privileged
                    motions...........................................   448
                One privileged or secondary motion not to be
                    suppressed by another.............................   450
    Precedence and conditions of.................................... 911-917
    Privileged interruptions of daily order of business............ 870, 871
                Privileged motions in the Senate and in Parliament....   447
                Theory as to privileged motions.......................   438
            For motions in order when question is under debate, see:
                Adjourn, motion to.
                Previous question, motion for.
                Postpone, motion to.

    [[Page [1300]]]

                Refer, motion to; Reference.
                Amend, motion to; Amendments.
            Question of consideration.  See Consideration, question of.
            Motion to instruct conferees.  See Conferences.
            Motion to recommit.  See Recommit, motion to; Commit.
            Motion to reconsider.  See Reconsider, motion to.
            Motion to suspend the rules.  See Suspension of rules.
            Motions used in adjusting amendments between the Houses.  See
                Amendments between Houses; Conferences.
            Motions relating to reading of papers and amendments.  See
                Reading.
            Motion to discharge a committee.  See Discharge.
            Miscellaneous motions.  See also Privileged questions.
                By Majority Leader under former rule proscribing
                    committee sittings during five-minute rule........   801
    For a recess.............................................. 586, 911, 913
                For a recess in committee.............................   787
                Motion to strike Federal unfunded mandate.............   991
                To read the Journal...................................   621
                To rescind a special order not privileged under the
                    rules.............................................   734
    Motives.
            Of members not to be arraigned............................   363
    Mover.
            Right of, to speak twice..................................   959
            Right to close debate on amendment considered under five-
                minute rule...........................................   959
    National Aeronautics and Space Administration; and National Space
        Council.
            Jurisdiction of...........................................   735
    National Archives.
            Jurisdiction of subjects relating to......................   723
    National cemeteries.
            Jurisdiction of bills relating to.........................   732
    National Oceanic and Atmospheric Administration fisheries research
        laboratory.
            Jurisdiction of bills transferring interest in............   735
    National parks.
            Jurisdiction of bills relating to.........................   732
    National Science Foundation.
            Jurisdiction of...........................................   735
    National Weather Service.
            Jurisdiction of...........................................   735

    [[Page [1301]]]

    Natural Resources, Committee on.  See Resources, Committee on.
    Naturalization.
            Power of Congress to establish rule of....................   120
            Relations to citizenship..................................   225
            Jurisdiction as to........................................   730
    Naval affairs.
            Jurisdiction of subjects relating to......................   718
    Naval and military records.
            Private bills to correct, banned..........................   822
    Naval vessels.
            Appropriations for, as in continuance of a public work....  1050
    Navigation.
            Between States not to be hampered by duties...............   147
            Jurisdiction of matters relating to pollution of navigable
                waters................................................   739
            Jurisdiction of matters relating to public works for the
                benefit of............................................   739
            Jurisdiction of subjects relating to generally............   739
    Navy.
            Bills to correct certain records banned...................   822
            Congress to provide and maintain..........................   130
            Congress to make rules for................................   131
            Jurisdiction of matters relating to.......................   718
            President, Commander in Chief of..........................   160
            States not to maintain....................................   148
            Trial for crimes in.......................................   212
    Navy yards.
            Jurisdiction of matters relating to.......................   718
            Power of Congress over places purchased for...............   134
    Negative.
            Of one question amounting to the affirmative of another
                                                                     485-488
    Neutrality.
            Jurisdiction of subjects relating to......................   729
    Newspapers, admission to the floor.  See Floor.
    Nobility.
            Titles of, not to be granted..............................   144
            No State to grant title of................................   146
            Foreign gifts and decorations accepted with consent of
                Congress..............................................   145
    Notes.
            Jurisdiction of subjects relating to......................   722
    Nuclear energy.
            Jurisdiction over.
                Jurisdiction of Committee on Energy and Commerce......   721
                Military applications.................................   718

    [[Page [1302]]]

                Non-proliferation and export agreements...............   729
                Regulation of domestic industry.......................   721
                Research and development..............................   735
    Oversight jurisdiction......................................... 721, 744
            Expedited procedures.
    Nuclear non-proliferation provisions of the Atomic Energy Act
                                                                    1130(10)
    Nuclear waste fund fees........................................ 1130(15)
    Nuclear Waste Policy Act....................................... 1130(22)
    Oath.  See also Affirmation.
            Of Senators, Representatives, officers, and employees of the
                House.
                Administration of, at organization of the House.......   198
    Administration, as related to quorum........................ 53, 56, 200
                Administered to Member before reading of Journal......   621
                As related to qualifications..........................     9
    Challenge of right to take...................................... 202-204
                Consideration of objections to taking of..............   203
                Dean administers to Speaker...........................   198
                Disabilities arising from violation of................   230
                Form of...............................................   197
                Function of Speaker in administering..................   231
    Member-elect named on committee, expelled, or permitted to resign
    before taking............................................... 63, 66, 300
                Names of Members not entered on roll for yeas and nays
                    until sworn.......................................   300
                Not to disclose classified information................  1095
                Of Chief Justice in impeachments......................  615a
    Of Senators, for trial of impeachment.......................... 38, 615b
                Officers of House sworn...............................   640
                Precedence of.........................................   198
                Privilege of administration of........................   201
                Quorum not required during administration of..........  1027
                Relation of credentials to right to take..............   204
                Sanity and loyalty as related to......................   205
                Senators, Representatives, and other officers bound by   196
            In general.
                Of President of the United States.....................   158
                Right to administer, given by law rather than by rule.    59
    Speaker, Members, and chairmen may administer to witnesses.... 343, 346,
                                                                         805
                In support of certain warrants........................   211
    Objections.  See also Unanimous consent.
            Challenge of right of a Member to take the oath........ 202, 205

    [[Page [1303]]]

            Ten Members required under former rule proscribing
                committee sittings during five-minute rule............   801
            Of President to a bill....................................   104
            To administration of oath to Members by the Speaker.......   199
    Obligation.
            Of contracts, State not to pass bills impairing...........   146
    Obscenity.
            Bills for petitions rejected for....................... 818, 824
    Occasions, extraordinary.
            Power of President to convene Congress on.................   171
            Other power of convening..................................   171
    Oceanography.
            Jurisdiction over subjects related to.....................   735
    Offenses.
            Power of President to grant pardons for...................   162
            Against law of nations....................................   126
    Office.
            In general.
                As to meaning of word.................................97, 98
                Acceptance of, conditions of, from certain sources....   144
                Acceptance of gifts by holders of, conditions of......   144
    Compilation of House and Congressional offices............... 1113-1125c
                Electors, no person holding office of trust or profit
                    under United States to be an elector..............   151
    Impeachment from............................................... 173, 174
                Jurisdiction as to abolition..........................   723
                Of judges, held during good behavior..................   177
                Religious test for, none required under United States.   196
    Term of President's....................................... 149, 150, 249
            Incompatible.
                As to what are incompatible...........................    98
                Appointment of Members-elect to.......................    99
    Holding of, under the United States disqualifies Mem- ber........ 97-101
                Jurisdiction of matters relating to...................   730
                Members not to be appointed to certain................    96
                Procedure in case of acceptance of, by Member.........   101
                Relations of contestants to...........................   100
    Office accounts.
            Prohibition of unofficial.................................  1096
    Office buildings.
            Assignment of rooms in....................................  1114
    Office of Technology Assessment...................................  1121

    [[Page [1304]]]

    Officers.
            Of the United States.
                Accountability of, jurisdiction as to.................   723
                Bound by oath to support the Constitution.............   228
    Civil, may be removed by impeachment........................... 173, 174
                Congress may determine agency for appointing of
                    inferior..........................................   166
                Of departments, President may require opinions from...   161
                Of the militia........................................   133
                Of United States, as related to legislative power.....   136
                Of United States, and the States, qualifications of as
                    to loyalty........................................   230
                President appoints....................................   166
                President to commission...............................   172
                Senators not civil officers who may be impeached......   174
            Of the House of Representatives.
                Audits of.............................................   667
                Clerk formerly disbursed pay of.......................   642
                Compensation, retirement, and benefits, jurisdiction
                    over..............................................   724
                Continue in office until successors are chosen........   640
    Drug testing of,  see Drug testing.
    Election of, and terms....................................... 26-30, 640
    Election of, except Speaker..................................... 29, 640
                Neither House to exercise authority over those of the
                    other.............................................   373
                Nondiscrimination in employment by....................  1095
    Oath, administered to, by Speaker.............................. 198, 199
                Oversight of..........................................   744
                Privilege of floor extended to present and former.....   678
                Prohibition on distribution of campaign contributions
                    by................................................   683
                Relations to claims...................................  1102
    Removal of..................................................... 315, 640
                Vacancies, Speaker may fill by temporary appointment
                    of................................................   640
            Of the Senate.
                Vice President and his vote...........................    36
                Choice of President pro tempore and other officers....    37
    Official conduct.
            Code of, for Members, officers, and employees.............  1095
            Committee on Standards of.................................   737
            Financial disclosure......................................  1103
            Outside earned income.....................................  1099
            Revisions of remarks in debate, standard of............ 967, 968
            Use of Frank..............................................  1097
            Unofficial office accounts................................  1096
    Official record.
            Journal as................................................   582

    [[Page [1305]]]

    Official reporters.
            Of debates, appointment and removal of................. 724, 685
    One-fifth.
            Of those present order yeas and nays......................75, 78
            Of quorum order recorded vote (or formerly teller vote)...  1012
    One-minute speeches...............................................   950
    Opening.
            Of debate, rights of Member as related to closing.........   958
    Opinions.
            President may require from heads of departments...........   161
            Not entered on Journal....................................    70
    Opposition.
            Preference in recognition given to, for motion to recommit
                after previous question is ordered....................   911
            Right to prior recognition passes to, when essential
                motion is lost........................................   954
    Order.
            Of the House and preservation of.
                Breach of, for Speaker to refuse to put a question in
                    order.............................................   304
    Call to, for disorder in debate................................ 960, 961
                Call to, may interrupt Member.........................   393
    Clerk to preserve, at organization of the House................ 643, 645
                Necessity of rules for preservation of................   285
    Parliamentarylawastotakingdowndisorderlywords.................. 368, 369
    Power of Chairman of Committee of the Whole to preserve, in
    galleries and lobby............................................ 970, 971
                Proceedings in case of disorder on the floor..........   367
                Sergeant-at-Arms maintains, under direction of the
                    Speaker...........................................   648
                Sergeant-at-Arms bears mace while enforcing...........   657
                Speaker calls House to................................   621
                Speaker preserves, on floor, in lobby, and galleries..   622
    Speaker may restore in Committee of the Whole............. 331, 332, 622
            Questions of.
                As to delay in decision of questions of...............   378
    Clerk to decide at organization of the House................... 643, 645
                Clerk to note in Journal..............................   649
    Decided by Speaker............................................. 624, 628
                Decision of, during a division........................   507
                Decisions of questions of, by Chairman of Committee of
                    the Whole.........................................   972
                House controls decisions of, by appeal................   379
                Intervening questions of..............................   457
                Practice governing Speaker in deciding................   628

    [[Page [1306]]]

                Raising of, on appropriation bills in Committee of the
                    Whole.............................................  1044
                Raising of, at any time against appropriation in
                    legislative bills or amendments...................  1065
                Raising of, at any time against tax or tariff in
                    certain bills or amendments.......................  1066
                Relation of question of consideration to..............   909
    Reserving, as to general appropriation bills................. 1044, 1035
                Speaker to be heard first in matters of...............   358
                Time of raising, as to consideration of bills in
                    Committee of the Whole............................   973
    Order of business.  See also Business.
            Rule and conditions of.
                The rule prescribing..................................   869
                Advantage of an order of..............................   349
                Conditions of the old and modern orders of business...   350
                Early discretion of Speaker as to.....................   349
                Jurisdiction as to....................................   733
                Obsolete parliamentary law governing orders of the day   440
    Recognition by the Speaker in accordance with requirements of... 949-956
    Right of a Member to demand the execution of a subsisting order.... 381,
                                                                         872
    The calendars on which reports of committees await action of the
    House........................................................... 828-899
            Interruptions of.
                Business of District of Columbia on second and fourth
                    Mondays...........................................   894
                Business on Tuesdays for consideration of the Private
                    Calendar..........................................   895
                Call of Committees on Calendar Wednesday..............   900
    Call of Committees on Calendar Wednesday protected by two-thirds
    vote........................................................... 857, 900
    Consideration of amendments between Houses, when privileged.... 528-528d
                Consideration of a motion to reconsider...............  1005
                Effect of privileged reports on.......................   854
                Effect of special orders on Tuesday business..........   895
                High privilege of general appropriation bills.........   856
                Interruption by request for unanimous consent.........   872
    Intervening questions as to privilege on reading of papers..... 458, 459
                Intervening questions of order........................   457
                Intervention of private business on Tuesday...........   895

    [[Page [1307]]]

                Making and use of special orders......................   734
                Motion for leave for a committee to sit during
                    sessions not privileged...........................   324
    Precedence of questions of privilege............................ 698-713
                Privilege of conference reports.......................  1077
                Privileged interruptions of order of business.........   870
                Privileged interruptions specified....................   871
    Privileged legislative veto provisions............................. 1130
    Privileged reports from certain committees...................... 853-868
            Speaker's table.
    Business on, disposal of...................................... 528a, 873
                Matters on, for action by the House or by Speaker
                    alone.............................................   874
                Messages on, parliamentary law as to disposal of......   566
                Messages from the President on, consideration of......   170
                Messages from the President on, reference of..........   875
            Unfinished business.
                Rule for unfinished business..........................   876
                Business unfinished in periods set apart for classes
                    of business.......................................   879
                Construction of rule as to unfinished business........   877
    Consideration of unfinished business............................ 876-879
                Priority of unfinished business in Committee of the
                    Whole.............................................   977
                Precedence of a question on which previous question is
                    ordered...........................................   877
                Procedure in the morning hour.........................   881
    Rules and practice for call of committees...................... 880, 881
                The morning hour for the call of committees...........   880
            Call of Committees--Interruption to go into Committee of the
                Whole.
                Conditions of the motion to go into Committee of the
                    Whole at the end of one hour......................   883
                Interruption of the call of committees by motion to go
                    into Committee of the Whole House on the state of
                    the Union.........................................   882
    Rule for consideration of bills in Committee of the Whole after
    call of committees............................................. 882, 883
            Orders of the day.
                Orders of the day now obsolete........................   384
                Parliamentary law as to proceeding with orders of the
                    day...............................................   383
            In Committee of the Whole.
                On calendars of Committee of the Whole................   977
    Orders.
            As to presentation of, to President for approval..........   115
            Nature and use of, as compared with resolutions...........   395

    [[Page [1308]]]

            Standing, reference to....................................  1105
            As to termination of, with reference to the end of the
                session...............................................   386
            Execution of a subsisting order not to be demanded while a
                Member has the floor in debate........................   393
            Obsolete reference to, in order of business...............   869
            Right of a Member to demand the execution of a subsisting
                order.............................................. 381, 872
    Orders, special.
            Application of motion to postpone to................... 734, 915
            Effect of, on Tuesday business............................   895
            Privilege of reports of................................ 853, 857
            Use and method of making..................................   734
    Organization of the two Houses of Congress.
            Administration of the oath at.............................   198
            Clerk's duties at...................................... 643, 645
            Clerk makes up the roll of Members-elect for..............   644
            Challenge of the right to take the oath................. 202-204
            Early organization........................................  1126
            Election of Speaker and other officers.................... 26-30
            Election of Speaker and Clerk as related to adoption of
                rules.................................................    59
            House has adjourned for more than one day before election
                of the Speaker........................................    83
            Messages received before..................................   562
            President's power to convene Congress.....................   171
            Other power to convene....................................   171
            Procedure before adoption of rules........................    60
            Quorum in two Houses as related to........................    56
            Relation of credentials to the right to take the oath.....   204
            Right of the House to determine its order of proceeding in
                effecting.............................................   388
            Sanity and loyalty as related to the oath.................   205
            Speaker's function in administering oath at...............   199
            Taking oath as related to presence of quorum............ 56, 200
            Vice President votes in case of tie as to.................    36
            Yeas and nays may be ordered before.......................    76
    Outer Continental Shelf Lands Act.
            Expedited procedures under............................. 1130(23)
    Outside earned income.
            Limitations on............................................  1099
    Oxford-style debates.
            Structure of..............................................   952
    Pairs.
            Forms and announcement of.................................  1031
            Not to be announced out of order..........................  1015
            In order in Committee of the Whole........................  1031

    [[Page [1309]]]

    Panama Canal.
            Jurisdiction of subjects relating to......................   718
    Papers.
            Security of private.
                Security of, as to searches and seizures..............   211
            In possession of the House.
                Attitude of one House as to the demands of the other
                    for...............................................   292
                Certain, not to go out of Clerk's custody.............   352
                Certain, in Clerk's custody, not open to public.......   642
                Court demands for.....................................   291
                Noncurrent deposited with Archivist...................   695
                Not to be taken from the Clerk's table during debate..   364
                Oath not to disclose classified records...............  1095
    Of committees, custody of...................................... 695, 796
                President allowed to withdraw certain, accompanying a
                    message...........................................   571
                Withdrawal of, from files.............................   696
            Relations of, to conference.
                Custody of, when a conference is asked before
                    disagreement......................................   552
                Custody of, after an effective conference.............   555
                Custody of, when managers fail to agree...............   556
                House must possess, before acting on a conference
                    report............................................   549
                Request for a conference always by House possessed of.   530
            Reading of.
                By consent of the House under former rule XXX.........   965
                Committee reports not read except on order or in
                    debate............................................   435
                Criticizing the Senate or Senators not to be read.....   372
                Intervening questions as to...........................   459
    Member not always privileged to read...................... 434, 964, 965
                Not necessarily to be read on plea of privilege.......   433
    Objections to under former rule XXX............................ 964, 965
                On demand of a Member.................................   964
                On reference..........................................   436
                Parliamentary law as to...............................   432
                President's messages..................................   188
    Paragraphs.
            Amendment of bills by.................................. 413, 980
            Amendments should be germane to...........................   929
            House does not agree to, severally in perfecting a bill...   456
            Reading of bills by.................................... 413, 980
            Transposition of, in a bill by motion to amend............   477
    Pardons.
            Power of President to grant............................ 162, 164
    Parks, District of Columbia.
            Jurisdiction over subjects related to.....................   732

    [[Page [1310]]]

    Parks, military.
            Jurisdiction of bills relating to.........................   732
    Parks, national.
            Jurisdiction of bills relating to.........................   732
    Parliament.  See House of Commons.
    Parliamentarian.
            Office of.................................................  1122
            Precedents compiled by....................................  1122
    Parliamentary inquiries.
            No appeal from responses to...............................   629
            Recognition to propound...................................   628
    Parliamentary law.
            As used before adoption of rules..........................    60
            Jefferson's Manual as a statement of......................   284
            Relations of, to the early practice of Congress...........   286
    Passage of bills.  See Bills.
    Passages.
            Speaker's control of, in House wing.......................   623
    Patents.
            Power of Congress to provide for..........................   124
            Jurisdiction of subjects relating to......................   730
    Pay.
            Clerk formerly disbursed that of employees and certifies
                that of Members in recess.............................   642
            Cost of living adjustments................................... 86
            Of committee staff,  see Committee staffs.
            Of department officers, jurisdiction as to................   729
            Of judges.................................................   177
            Of Members during recess, Clerk certifies to (obsolete)...   647
            Of officers and employees, Clerk formerly disbursed.......   642
            Of President of the United States.........................   157
            Of Representatives and Senators........... 85, 86, 258, 1130(12)
            Of Speaker and leadership.................................86, 89
            Of witnesses..............................................   813
            Pay orders............................................. 1130(12)
            Quadrennial commission................................. 1130(12)
            Sergeant-at-Arms formerly disbursed that of Members.......   648
    Penalties.
            For absent Members........................................    52
    Penitentiaries.
            Jurisdiction of subjects relating to......................   730
    Pensions.
            Certain bills for, banned.................................   822
            Debt incurred for certain, not to be questioned...........   232
            Jurisdiction of appropriations for........................   716

    [[Page [1311]]]

            Of all wars, jurisdiction of bills for....................   740
            Pension Reform Act, disapproval procedures in........... 1130(8)
    People.
            Establish the Constitution................................     1
            Powers reserved to, by the Constitution...................   216
            Quartering soldiers among.................................   424
            Representatives chosen by.................................     5
            Right of, to keep and bear arms...........................   209
            Rights reserved to........................................   217
            Security of, as to accusations, trials, and property......   212
            Security of, as to searches and seizures..................   211
            Their right of assembly and petition......................   208
    Perjury.
            To sustain a conviction of, a quorum of a committee must
                be in attendance when perjurious testimony is given.... 343,
                                                                    409, 803
    Person.
            Security of, as to searches and seizures..................   211
    Personal explanations.
            Made by unanimous consent.................................   945
    Personal interest.
            Disqualifying as to voting........................ 376, 671, 673
    Personal privilege.
            Method of presentation of questions of personal, as
                distinguished from general............................   698
            Precedence of questions of................................  698-
                                                                         668
            Privilege of the Member...................................   698
            Procedure of Member in presenting question of.............   945
    Personalities.
            Arraignment of motives of Members not in order............   363
            Member must refrain from, in debate.......................   945
            Members censured for......................................    65
            Not permitted in debate...................................   361
    Persons.
            No State to deprive, of life, liberty, or property
                unlawfully, or deny equal protection of the laws to...   225
    Petition.
            Introduction and reference of.......................... 816, 818
            Division of, for reference............................. 421, 816
            Duties of Speaker and Members in presenting...............   819
            Correction of reference of................................   824
            Exclusion of..............................................   824
            Nature of.................................................   389
            Parliamentary law as to reception of......................   391
            Received by committees only through the House.............   320
            Right of petition guaranteed..............................   208

    [[Page [1312]]]

            Signing and presentation of...............................   390
    Pictures.
            Jurisdiction as to........................................   724
            Taking of, in committee hearings..........................   811
    Piracies.
            Congress to punish........................................   126
    Place.
            Ceremonial functions in another place.....................    82
            Neither House to adjourn to another, without consent of
                other House.......................................... 82, 84
            Power of President to convene Congress away from seat of
                Government.......................................... 82, 171
    Places of elections.
            Regulation of.............................................42, 43
    Pleadings.
            In an impeachment...................................... 612, 613
    Pledge of Allegiance..............................................   869
    Pocket veto.
            Bills retained by President after Congress adjourns.......   112
            Effect of adjournment to day certain......................   113
    Points of order.
            Decisions on.
                Chairman of Committee of the Whole decides............   971
    Clerk to decide, at organization of the House.................. 643, 645
                Decisions of, during a division.......................   507
                House by appeal controls decisions on.................   379
                Obsolete practice as to Members' advice on............   507
                Power of Speaker to delay decisions...................   378
                Practice governing Speaker in deciding................   628
            In general.
                Clerk to note certain, in Journal.....................   649
    In House on procedure in committee.................................. 798
                On appropriation bills................................  1044
    On conference reports.................................... 547, 1089-1091
    On nongermane portions of conference reports and amendments in
    disagreement.................................................. 1089-1091
                On resolutions, raised before reading completed.......   628
            Relation of.
                To conference reports.................................   547
                To general appropriation bills........................  1044
                To retroactive increases in income tax rates..........  1068
                To motions to amend...................................   924
    To committee procedure............................... 798, 799, 842, 843
    To question of consideration............................. 909, 910, 1127

    [[Page [1313]]]

            Reserving of.
    Against general appropriation bills.......................... 1044, 1035
                Against conference reports............................   547
            Time of raising.
                At any time against an appropriation in legislative
                    bills or amendments...............................  1065
                At any time against tax or tariff provisions in
                    certain bills or amendments.......................  1066
                Former rule with respect to reporting a measure from
                    committee.........................................   839
                On appropriation bills in Committee of the Whole......  1044
                On consideration of bills in Committee of the Whole...   973
                On conference reports where conferees met in closed
                    session...........................................  1093
                On motions to amend...................................   924
                On resolutions........................................   628
                With respect to committee procedure...................   798
            Waivers.  See Rules.
    Police, Capitol.  See Capitol.
    Political disabilities.
            Arising from disloyalty...................................   230
            Consideration of bills removing...........................   895
            Jurisdiction of bills relating to.........................   730
    Poll tax.
            Right to vote not denied for failure to pay...............   251
    Population.
            The basis of representation...............................   226
            Jurisdiction over population and demography generally.....   723
    Ports.
            Of one State not to be favored............................   142
    Possession.
            Of a bill by the House....................................   437
    Post Office and Civil Service, former Committee on.
            Jurisdiction transferred..................................   723
    Post offices.
            Congress may establish....................................   123
            Jurisdiction of subjects relating to......................   723
            Jurisdiction as to buildings for..........................   739
    Post roads.
            Congress may establish....................................   123
            Jurisdiction of subjects relating to construction.........   739
    Postal savings banks.
            Jurisdiction of bills relating to.........................   723
    Postmaster.
            Former election and oath of...............................   668

    [[Page [1314]]]

            Former superintendent of House post office................   668
    Postpone, motion to.
            Precedence and general conditions of................... 911, 915
            Application of previous question to.......................   450
            Applied to motion to resolve into Committee of the Whole..   915
            As to application to a special order......................   805
            Debate on.................................................   911
            Discussion of relations of, to early use of the previous
                question........................................... 448, 449
            May be amended............................................   453
            Nature of the motion to postpone to a day certain.........   444
            Not to be applied to other secondary motions..............   451
            Not to be entertained after previous question is ordered..   915
            Not to be suppressed by another privileged motion.........   450
            Relation of, to motion to amend...........................   449
            Relations of, to the previous question....................   998
            Repetition of.............................................   918
            Use of, to put off indefinitely....................... 443, 1130
    Powers.
            Of Congress--General legislative.
                Legislative...........................................     3
                As to migration or importation of persons.............   137
    Consent of, to acceptance of certain gifts..................... 144, 145
                No preferences to be given as to commerce by water....   142
                To establish patents and copyrights...................   124
                To establish post offices and post roads..............   123
                To make laws to carry its powers into effect..........   136
                To provide punishment for counterfeiting..............   122
                To regulate coinage, weights, and measures............   121
                To regulate commerce..................................   119
                To regulate naturalization and bankruptcy.............   120
                To provide for disapproval of executive action........  1130
            Of Congress--As to elections and political disabilities.
    As to apportionment and establishment of districts............. 226, 227
                Determines time of choosing electors..................   153
                May by law provide for case where neither President-
                    elect nor Vice President-elect shall qualify......   244
    May provide for succession to presidency or new election....... 155, 244
                Power to make or alter regulations as to election of
                    Representatives...................................    42
                To remove political disabilities......................   230
            Of Congress--Over revenue and expenditures.
                To lay and collect taxes..............................   117
                To borrow money.......................................   118

    [[Page [1315]]]

                Money to be drawn from Treasury only on appropriations   143
                Limitation on capitation or other direct tax..........   140
                No export duties to be laid...........................   141
            Of Congress--As to commerce, currency, mails, patents.
                To regulate commerce..................................   119
                To regulate bankruptcy................................   120
                To regulate coinage, weights, and measures............   121
                To provide punishment for counterfeiting..............   122
                To establish post offices and post roads..............   123
                To establish patents and copyrights...................   124
                No preferences to be given as to commerce by water....   142
            Of Congress--As to courts, crimes.
                To regulate jurisdiction of Supreme Court.............   179
    To establish inferior courts................................... 125, 177
                To regulate the proving of acts, records, and judicial
                    proceedings of the States.........................   183
                To fix places for trial of certain crimes.............   180
                To provide punishment for piracies....................   126
                To declare punishment of treason......................   182
                As related to writ of habeas corpus...................   138
                No bill of attainder or ex post facto law to be passed   139
            Of Congress--As to wars.
    To declare war, grant Letters of Marque........................ 127, 163
                To support armies.....................................   128
                To provide a navy.....................................   130
                To make rules for land and naval forces...............   131
                To provide for calling out the militia................   132
                To provide for organization of militia................   133
    War Powers Resolution........................................... 1130(2)
            Of Congress--Jurisdiction over territory and property.
                To exercise jurisdiction over seat of Government and
                    ceded places......................................   134
                Over the territory and other property of the United
                    States............................................   188
            Of Congress--As to immigration and naturalization.
                As to migration or importation of persons.............   137
                To regulate naturalization............................   120
            Of Congress--As related to States and people.
                To revise and control certain State laws..............   147
                As to admission, consolidation, or division of States.   187
                Not to interfere with religion, free speech, the
                    press, or right of assembly and petition..........   208
                No titles of nobility to be granted...................   144
                Those delegated and those reserved to States and
                    people............................................   217

    [[Page [1316]]]

            Of the House of Representatives.
                To confirm Vice President.............................   253
    To elect its Speaker and other officers...................... 26-30, 640
                To judge elections of its Members..................... 46-51
                To punish and expel its Members....................... 62-66
                To make rules......................................... 58-60
    To punish for contempt.......................................... 293-299
    As to treaties................................................. 594, 599
                Of impeachment........................................    31
                Senate tries impeachments.............................    38
            Of President, courts, and States.
                Executive, vested in President of the United States...   149
    Judicial, vested in the courts.................................. 177-179
                Judicial, limitation on, in suits in law or equity....   218
    Of the States, limitations on, as to certain subjects........... 146-148
                Reserved to States and people.........................   217
    Prayer.  See also Chaplain; Clerk.
            Offered by Chaplain.......................................   640
            Chaplain opens each day's sitting with....................   665
            By the Chaplain, place of, in order of business...........   869
            Quorum in relation to.....................................  1027
    Preamble.
            Amended after the body of the resolution has been
                considered, and after engrossment of joint resolution.   414
            As to application of previous question to.................   996
            As to separate vote on....................................   414
            Of a resolution may be laid on table......................   414
    Precedence.
            Of intervening business.
    Certain privileged questions which interrupt the order of business
                                                                    870, 871
                Intervening questions as to reading papers............   458
                Intervening questions of order........................   457
                Of conference reports.................................  1077
                Of conference report over report from Committee on
                    Rules.............................................   857
                Of a proposition to administer the oath to Members....   233
                Of a question on which the previous question is
                    ordered...........................................   878
    Of questions of privilege.................................. 458, 698-668
    Of questions of privilege as related to pending business........ 698-668
                Of revenue and appropriation bills in Committee of the
                    Whole.............................................   977
                Questions as to, decided by a majority without debate.   884

    [[Page [1317]]]

            Of motions.
    For disposition of amendments between the Houses,  see Amendments
    between Houses.
                General provisions of the priority of.................   449
                Obsolete provisions as to priority of privileged......   448
    Secondary or privileged......................................... 911-917
                To adjourn............................................   911
                To adjourn to day or time certain.....................   911
                To amend..............................................   926
                To amend Journal precedes approval....................    74
    To amend over motions to agree or disagree..................... 528-528d
                To amend over motions to strike out or agree..........   456
                To discharge committees...............................   892
    To dispense with further proceedings under a call of the House.... 1019,
                                                                        1022
                To go into Committee of the Whole to consider
                    appropriation bills...............................   856
                To read the Journal...................................   621
                To reconsider.........................................  1005
    To strike out enacting words of a bill......................... 988, 989
                To suspend the rules..................................   887
    Precedents.
            Compilation of............................................  1122
            Place of, in the law of the House.........................   351
            Delay in decision of a question of order in order to
                examine...............................................   378
    Preferences.
            Not to be given to ports of one State over another........   142
    Prerogatives.
            Of House as to revenue legislation........................   102
            Questions related to, treated as of privilege.............   698
            Questions of, committed to conference.....................   531
    Presentment.
            Of grand jury as related to trial for crime...............   212
    Presents.
            Conditions as to acceptance of, by officers...............   144
    President of the Senate.
            Vice President............................................    36
            President pro tempore.....................................    37
            Electoral votes transmitted to............................   153
    President of the United States.  See also Executive.
            Relations of, to Congress--In general.
                Admitted to the floor of the House....................   678
                Gallery for use of....................................   682
                Houses may request him to transmit constitutional
                    amendments to the States..........................   191

    [[Page [1318]]]

                May convene or adjourn Congress under certain
                    conditions........................................   171
                May notify Congress of ratification of a
                    constitutional amendment..........................   191
                President pro tempore chosen when Vice President
                    becomes...........................................    37
                Reference to, in debate...............................   370
    War powers of Congress and the President................... 128, 1130(2)
            Relations of, to Congress--Messages and information from.
                Address by and to.....................................   316
                Clerk may receive messages from, when House adjourned.   652
                Confidential messages from............................   969
                Declaration of inability to discharge duties of office   254
                Gives Congress information and makes recommendations..   168
                Messages from, usually sent to both Houses at once....   571
                Messages required by law..............................   169
                Reception of messages from............................   170
    Resolutions of inquiry as related to........................... 865, 868
    Rule for reference of messages from............................ 873, 876
                Transmits budget during first 15 days of session......   169
    Transmitting proposed rescissions and deferrals of budget
    authority...................................................... 1130(6a)
            Relations of, to Congress--Approval of bills by.
                Approval or disapproval of bills by...................   104
    Approval, act of, as to time and manner........................ 105, 110
                Approval, notice of, sent by message..................   106
                Approval of concurrent resolutions by.................   396
                Approval of joint resolution by.......................   397
                As to presentation of orders, resolutions, and votes
                    for approval......................................   115
                Bills that become law without approval................   111
                Constitutional amendments, President does not sign
                    joint resolution submitting.......................   191
                Effect of recess on...................................   814
                Enrolled bills, signing of, for presentation to the
                    President.........................................   575
                Enrolled bills, authority of pro tempore presiding
                    officers to sign..................................   576
                Enrolled bills, presentation of, to the President.....   577
                Enrollment of bills, parliamentary law as to..........   573
                Enrollment of bills, practice of the two Houses of
                    Congress as to....................................   574
                Errors in bills sent to the President.................   110
    Line item veto authority....................................... 1130(6b)

    [[Page [1319]]]

                Parliamentary law as to presenting a bill for the
                    King's assent.....................................   572
                Pocket veto...........................................   112
                Pocket veto, effect of adjournment to a day certain on   113
    Veto, action on................................................ 108, 109
                Veto, two-thirds of Members present and voting and not
                    two-thirds of entire membership sufficient to pass
                    a bill over.......................................   109
            Office and general powers and duties.
                Appoints public officers..............................   166
                Commander in Chief of Army and Navy...................   160
                Commissions officers..................................   172
                Executive power vested in.............................   149
                Executes the laws.....................................   172
                Fills vacancies in offices during recesses of Senate..   167
                Grants reprieves and pardons..........................   162
                Holds office four years...............................   149
                Jurisdiction of bills relating to office of...........   730
                Makes treaties........................................   165
                Opinions of his advisers..............................   161
                Receives ambassadors..................................   172
    Term of................................................... 149, 150, 241
            Election, oath, impeachment, inability.
                Chief Justice presides when tried on impeachment......    38
                Compensation of.......................................   157
                Congress to provide for case wherein death occurs
                    among those from whom the House chooses a
                    President.........................................   246
    Election of, by the House in certain cases...................... 221-223
                Electors for choice of................................   151
    Grounds for impeachment of..................................... 175, 176
    Inability of.............................................. 252, 254, 255
                Inauguration of.......................................   159
                Limitation on right of electors to vote for...........   219
    May be impeached............................................... 173, 176
                Meeting of electors of, and transmission and count of
                    votes for.........................................   219
                No person to be elected President more than twice.....   249
                Oath of...............................................   158
                Qualification of......................................   154
                Qualifications of electors of, as to loyalty..........   230
                Qualifications of electors, questions as to...........   152
                Time of choosing electors and action of...............   153
    Removal, death, resignation, or disability of.............. 155, 252-256
    Vice President as acting President........................ 252, 254, 255

    [[Page [1320]]]

    President-elect of the United States.
            Death or failure to qualify...............................   244
    President pro tempore.
            Chosen by Senate in certain cases.........................    37
            Election and tenure of....................................   313
            Presides in certain impeachments..........................  615a
    Press.
            Coverage of committee hearings and meetings............. 807-812
            Freedom of, guaranteed....................................   208
            Members of, admission to the floor,  see Floor.
            Admission to press gallery................................   693
    Previous question, motion for.
            Uses of.
                The rule of the.......................................   994
                History, uses of the parliamentary....................   463
                Obsolete use of.......................................   442
    Not in order in Committee of the Whole......................... 333, 334
                Use of, in House as in Committee of the Whole.........   427
            Precedence of.
                Among other secondary motions.........................   911
                Of Parliament.........................................   461
                Questions on which it is ordered, as unfinished
                    business..........................................   877
                Questions of order pending the motion for.............  1000
                Relations of, to failure of a quorum..................  1029
            Application of.
    General application of......................................... 994, 996
                To debatable secondary and privileged motions.........   450
            Moving and putting of.
                Considered as ordered on certain preferential motions
                    to insist.........................................  1084
                Effect of, on debate..................................   995
    Forty minutes of debate after ordering of...................... 891, 999
    Forty minutes debate not allowed when ordered on motion not
    debatable................................................. 979, 891, 999
                Manner of putting.....................................   462
    Moving on nongermane Senate amendments contained in conference
    reports or reported in disagreement........................... 1089-1091
                Not debatable.........................................   911
                Recognition passes to Member leading opposition when
                    voted down........................................   954
                Right to move.........................................   997
                Right to close debate not to be exercised after
                    ordering of.......................................   959
                Speaker's discretionary authority to postpone further
                    proceedings on....................................  1030
            Effect of, on amendment.
                Effect of, on amendments in general...................   994

    [[Page [1321]]]

                Order of, on motion to agree to Senate amendments
                    prevents motion to amend but not to refer.........   486
                Prevents amendment when ordered on motion to approve
                    Journal...........................................    74
            Relations of, to other motions.
    General relation of, to other motions......................... 998, 1002
                Having been moved on a motion to adhere, the motion to
                    recede not admitted...............................   525
                Having been moved on a motion to insist, a motion to
                    recede and concur admitted........................   525
                May not be postponed..................................   451
                Motion to amend not applicable to the.................   452
                Motion to commit after it is ordered..................  1002
                Motion to commit pending, not applied to reports of
                    Committee on Rules pending previous question......   857
                Motion to recommit after ordering of, limitation on
                    Committee on Rules................................   857
    Motion to recommit in connection with and right of opposition as
    to..................................................... 911, 1001, 1002c
                Motion to lay on table not in order after ordering of.   914
    Relation of motion to reconsider to.......................... 1005, 1006
    Prima facie title.
            Credentials as related to a Member's right to take the
                oath..................................................   204
            Effect of credentials as related to vacancy...............    23
    Princes.
            Titles, gifts from, to be accepted on conditions only.....   144
    Printing  See Congressional Record.
            General provisions as to.
                Discretion of Clerk as to.............................   642
                Of committee transcripts, paid for by contingent fund
                    (applicable accounts of the House)................   789
                Of reports when referred to calendars.................   831
                Privileged reports from Committee on House
                    Administration on.................................   853
                Reports of committees to be printed...................   833
            Joint Committee on.
    Duties of, as to Congressional Record......................... 686, 1111
                History, jurisdiction, and duties of..................  1111
                Membership on.........................................  1111
    Priority.  See Precedence.
            All questions relating to priority of business to be
                decided without debate................................   884
    Private bills.
            As unfinished business....................................   879

    [[Page [1322]]]

            Certain, banned...........................................   822
            Correction of error in reference..........................   824
            Dispensing with call of calendar....................... 895, 897
            Introduction and reference of..................... 816, 817, 818
            Interruption of regular order on Tuesdays for
                consideration of the Private Calendar.................   895
            Pension bills.......................................... 822, 895
            Placed on Private Calendar when reported..................   828
            Restriction on reference of certain.................... 817, 822
    Private claims.  See Private bills.
    Private pension bills.  See Private bills.
    Private property.
            Not to be taken without compensation......................   248
    Privilege of floor.  See Floor.
    Privilege, questions of.
            Definition, precedence, and consideration of.
                Consideration of......................................   713
    Constitutional privilege....................................... 698, 702
                Distinction between questions of privilege and
                    privileged questions..............................   707
    Definition and precedence of questions of............. 698-700, 709, 711
                Intervention of questions of..........................   458
    Precedence of questions of personal....................... 699, 708, 711
                Relation of, to quorum................................   712
                Relation of, to the order of business.................   871
            Raising of.
                Breach of privilege reported from Committee of the
                    Whole.............................................   335
                Debate on.............................................   699
                Members not necessarily entitled to have papers read
                    on plea of........................................   433
    Method of presentation of questions of general and personal..... 698-707
                Preliminary decision of Speaker as to questions of....   628
    Procedure when raised by floor leaders......................... 699, 713
    Procedure when raised by Member................................ 699, 945
                Questions of, in relation to a quorum.................   712
                Question of, taken from the table.....................   914
                Time and place of consideration designated by Speaker.   699
            Affecting the House--In general.
                Abuse of privilege of the floor.......................   679
                Administration of the oath to Members.................   201
                Assault on clerk of a committee a question of.........   773
                Attitude of one House as to demands of the other for
                    attendance or papers..............................   292

    [[Page [1323]]]

                Attitude of the House as to demands of the courts.....   291
                Breach of, for one House to encroach or interfere as
                    to the other......................................   308
    Demand of courts for papers................................... 291a, 697
                Jefferson's discussion of privilege as related to
                    rights of courts to summon witnesses and jurors...   290
                Judicial appearances on behalf of House...............  291b
                Procedure for response to subpoenas...................   697
                Proposition to impeach a high question of.............   604
                Relations of the Sovereign to the Parliament and its
                    members...........................................   309
                Relations of the courts to parliamentary privilege....   303
                Resolution for removal of an officer of the House a
                    question of.......................................   315
            Affecting the House--Relating to procedure.
                Breach of privilege for the Speaker to decline to put
                    a question which is in order......................   304
                Censure or expel as questions of......................    67
                Censure for personalities in debate a question of.....   363
    Correction of Congressional Record a question of............... 685, 690
                Correction of an error in a message a question of.....   565
                Discharge of committees from questions of.............   406
                Error in reference of a bill to a calendar a question
                    of................................................   828
                Hour rule of debate applies to........................   957
                May not be invoked to effect change in rules of the
                    House.............................................   706
                Messages received, while question of, is before House.   562
                Previous question applies to questions of.............   996
                Proposal to enter protest on the Journal not a matter
                    of................................................    70
                Question of, raised by fraudulent introduction of a
                    bill..............................................   821
                Raising a question of, over delay of an enrolled bill
                    in reaching the President.........................   572
                Reception of President's message while question of, is
                    pending...........................................   170
                Resolutions providing for adjournment for more than
                    three days........................................    84
            Affecting the House--Contempts.
    Question of privilege..................................... 299, 702, 713
    Jefferson's discussion of power of the House to punish for
    contempts....................................................... 293-299
            Affecting the Member.
                Of the Member.........................................   698
                Assault on Member returning to House a breach of......    91
    Jefferson's discussion of privilege of Members of Congress...... 287-289

    [[Page [1324]]]

                Members not to be questioned in another place for
                    speech or debate..................................    92
    Scope of the privilege of speech and debate..................... 93, 301
                Parliamentary law as to the arrest of a Member........   306
                Parliamentary law of privilege as related to treason,
                    felony............................................   305
                Parliamentary law as to questioning for speech........   302
                Practice of the House as to Members indicted or
                    convicted.........................................   306
                Relations of Members and others to privilege and the
                    waiving thereof...................................   301
                Senators and Representatives privileged from arrest...90, 91
                Status of the Member-elect as to privilege............   300
            Of citizens.
                Not to be abridged by the States......................   225
                In States other than their own........................   184
            Questions relating to:
                Organization..........................................   701
                Constitutional prerogatives...........................   702
                Official conduct......................................   703
                Integrity of proceedings..............................   704
                Comfort and convenience...............................   705
    Privileged questions.
            Theory and examples of.
                The theory as to......................................   438
                Distinction between questions of privilege and
                    privileged questions..............................   707
                Incident questions, like points of order, which
                    intervene during consideration of the main
                    question..........................................   457
                Intervening questions relating to reading of papers...   459
    Laws providing congressional disapproval by privileged resolution
                                                                        1130
    Matters privileged to interrupt the daily order of business.... 870, 871
                Matters of privilege as intervening questions.........   458
                May not interrupt a call of committees................   881
    Not to be called up on Calendar Wednesday...................... 900, 901
                Obsolete parliamentary law governing orders of the day   440
                Presence of nonprivileged matter destroys privileges..   855
    Resolutions of inquiry......................................... 866, 867
            Reports as.
    Of certain committees........................................... 853-868
                Conference reports....................................  1077
    Method of submitting to the House.............................. 418, 854
                Nonprivileged, reference of, to calendars.............   831

    [[Page [1325]]]

                Precedence of conference report over report from
                    Committee on Rules................................   857
                Reference of, to calendars............................   828
    Right to report at any time gives right to consider at any time
    (subject to requirement of availability for three days)........ 853, 854
            Motions as--General principles.
    Precedence and conditions of.................................... 911-917
                General principles of priority of motions.............   449
                In general, one privileged motion not to be suppressed
                    by another........................................   450
                Jefferson's discussion of certain privileged motions..   441
                Obsolete provisions as to priority of privileged
                    motions...........................................   448
                Privileged motions in the Senate and in Parliament....   447
            For motions as--When question is under debate, see:
                Adjourn, motion to.
                Previous question, motion for.
                Postpone, motion to.
                Refer, motion to; Reference.
                Amend, motion to; Amendments.
            Motions as--Various.  See also Motions.
                By Majority Leader under former rule proscribing
                    committee sittings during five-minute rule........   801
    Motions to dispose of amendments between Houses,  see Amendments
    between the Houses.
                Motions to proceed to election of Speaker of higher
                    privilege than motion to correct the roll.........   644
    Motions requesting conferences................................ 528a, 535
                Motions to consider bills made in order by a
                    resolution adopted by the House...................   850
                Motion to consider omnibus private bills in order on
                    third Tuesday.....................................   895
    Relation of motion to consider to other motions.............. 1003, 1005
                To close general debate in Committee of the Whole.....   979
                To discharge a committee from consideration of vetoed
                    bill..............................................   108
                To go into Committee of the Whole to consider general
                    appropriation bills...............................   856
                To read the Journal...................................   621
                To recess in committee................................   787
    To recess in House........................................ 586, 911, 913
    To strike out the enacting words of a bill..................... 988, 989
    To suspend the rules............................................ 885-888
            Motions as--Certain not.  See also Motions.
                Motion to recess formerly not a.......................   586

    [[Page [1326]]]

                Motion to rescind not a...............................   734
    Proceedings.
            Certain of the House not to be criticized in debate.......   360
            Each House determines rules of............................    58
            House governs Journal entries.............................    71
            House required to publish a journal of....................    67
            Journal a record of, only.................................    70
            States reciprocally to give full faith and credit to
                judicial..............................................   183
            Committee,  see Committees.
    Process.
            Of law required to deprive a person of life, liberty, or
                property..............................................   225
            Writ of summons for appearance of respondent in an
                impeachment........................................ 608, 611
            For obtaining witnesses...................................   213
    Professional staffs of committees.  See Committee staffs.
    Profit.
            No one holding office of, to accept certain gifts, titles.   144
    Pro forma amendment.
            In Committee of the Whole.................................   981
    Proof, burden of.
            On those proposing an amendment, as to germaneness........   928
            On those proposing items on general appropriation bills...  1047
    Property.
            Appropriations of, considered in Committee of the Whole...   973
            Disclosure of.............................................  1103
            No person to be deprived of, without due process of law...   212
            No State to deprive a person of, without due process of
                law...................................................   225
            Power of Congress to make rules and regulations as to
                public................................................   188
            Private, not to be taken without compensation.............   212
            Public bills appropriating, placed on Union Calendar......   828
    Proposer, right to close debate.  See Debate.
    Prosecutions.
            Rights of accused in all criminal.........................   213
            Security as to accusations and trial......................   212
    Protection.
            Equal, of the laws guaranteed.............................   225
    Protests.
            Not entered on Journal as a matter of right...............    70
    Proxy voting in committees.  See Committees.
    Public bills.  See Bills.
    Public buildings and grounds.
            Appropriations for, as in continuance of a public work....  1050
            Jurisdiction as to, generally.............................   739
            Jurisdiction as to, abroad................................   729

    [[Page [1327]]]

            Jurisdiction as to marine hospitals.......................   721
            Jurisdiction of bills for penitentiaries..................   730
            Jurisdiction as to immigrant stations.....................   730
            Jurisdiction as to Patent Office............................ 730
    Public credit.
            Jurisdiction of subjects relating to......................   722
    Public debt.  See also Debt.
            Claims for loss or emancipation of slaves not to be paid..   234
            Limit, rule establishing as part of congressional budget
                process...............................................  1104
            None incurred in aid of insurrection or rebellion to be
                paid..................................................   234
            Validity of that of the United States not to be questioned   234
    Public defense.  See Defense.
    Public health.  See Health.
    Public lands.
            Jurisdiction of matters related to........................   732
    Public money.  See Money.
    Public safety.  See Safety, public.
    Public works.
            Authorization of appropriations for.......................  1047
            Appropriations in continuation of......... 1036, 1037, 1048-1051
            Designation of prohibited................................. 1068a
    Public Works and Transportation, Committee on.  See Transportation and
        Infrastructure, Committee on.
    Publication.
            Of accounts of receipts and expenditures of public money..   143
            Of Journals of each House.................................    68
    Puerto Rico.  See Resident Commissioner.
    Punishments.
            Censure or reprimand, of a Member......................... 63-65
            Congress may provide, for counterfeiting..................   122
            Cruel and unusual, not to be inflicted....................   254
            Each House may provide, of its Members for disorderly
                behavior..............................................    62
            Expulsion,  see Expulsion.
            For assault on Member for words spoken in debate..........    92
            For disclosure of intelligence information................   785
            Involuntary servitude as..................................   224
            Member liable to, when called to order in debate....... 960, 961
            Of a Delegate.............................................   675
            Of piracies and felonies on the high seas.................   164
            Of the law additional to impeachment......................    41
            Power of the House to punish for contempt............... 293-299
            Committee on Standards of Official Conduct,  see Standards
                of Official Conduct, Committee on.

    [[Page [1328]]]

            Speaker may not inflict...................................   622
    Putting the question.
            By the chairman in committees.............................   317
            By the Speaker............................................   630
            Decorum during............................................   962
            Duty of Speaker as to.....................................   304
            Effect of, in ending debate...............................   490
            First in the affirmative and then the negative............   489
            Informal..................................................   491
            Messages not received during..............................   562
            Point of no quorum may be raised during............... 982, 1027
            Speaker rises while.......................................   428
            Forms of:
                For vote by clerk tellers or by electronic device.....  1012
                For previous question.................................   462
                For question of consideration.........................   906
    In examinations at the bar of the House........................ 343, 344
                Of final, in an impeachment trial in Senate...........   618
                On engrossment and third reading of a bill............   941
                On a motion to strike out.............................   468
                On motion to strike out and insert....................   470
                On the passage of a bill..............................   499
    Qualifications.
            Of Representatives.
                As electors of President..............................   151
                As related to a Member's right to take the oath.......   204
                As to sanity and loyalty as...........................   205
                Conviction of crime as related to voting and
                    participation in committee business...............  1095
                House Administration Committee may consider questions
                    relating to.......................................   724
                In case of disqualification minority candidate not
                    seated............................................    13
    Incompatible offices,  See Incompatible offices.
                No religious test required for office under United
                    States............................................   196
                Of Representatives....................................  9-11
                Of Senators, Representatives, electors of President,
                    officers of the United States, and State officers
                    as to loyalty.....................................   230
                Other than those of Constitution......................    12
                Power of each House, to judge as to................... 46-51
                Removal of disabilities under fourteenth amendment....   231
            Of Senators, President, Vice President.
                As to inhabitancy modifying votes of presidential
                    electors..........................................   219
    Of electors of President....................................... 151, 152
                Of officers and employees.............................  1102

    [[Page [1329]]]

                Of President of the United States.....................   154
                Of Senators as to age, citizenship, and inhabitancy...    35
                Of Vice President.....................................   221
            For suffrage.
                Of electors of Representatives........................     7
                Reference to..........................................   226
    Quarantine.
            Jurisdiction of subjects relating to......................   721
    Quarrels.
            In Committee of the Whole.................................   331
            Intervening questions relating to.........................   458
            Members may be pledged not to prosecute...................   367
    Quasi committee.
            Procedure in............................................ 424-427
    Question.
            Coexisting and equivalent questions.
                Equivalent in general.................................   485
                Equivalent on amendments between the Houses...........   486
                Jefferson's discussion of coexisting..................   483
                No equivalent questions on motions to recede, insist,
                    and adhere........................................   488
                On agreeing to a conference report the negative of
                    agreeing equals the affirmative of disagreeing....   550
                The motions to agree and disagree as related to
                    motions to amend..................................   487
    Where affirmative of one amounts to negative of another......... 485-488
            Putting of.  See Putting the question.
            Division of.  See Division.
            Relation of, to debate.
                Member to confine himself to the......................   945
                Member who has spoken to, may speak also to amendment.   959
            Of order.  See Points of order.
            Of consideration.  See Points of order.
            Of privilege.  See Privilege.
            In general.
                As to reading of papers...............................   459
                Asked of other House by conference rather than by
                    message...........................................   569
                Former practice as to, in rejection and second reading
                    of bills..........................................   484
                Members of Parliament exempted from, as to debate.....  287,
                                                                    302, 309

    [[Page [1330]]]

    Quorum.
            How constituted.
                Adjustment to......................................... 1024a
                Committees may fix one-third or more as quorum for
                    certain actions...................................   800
                Committees may fix two or more as quorum to take
                    testimony and to close certain hearings...........   800
                Constituted by a majority.............................    52
    Consists of a majority of standing or select committee or
    subcommittee to report, to issue subpoenas, or to close meetings
    or hearings.......................................... 409, 798, 799, 805
                Interpretation of meaning of majority.................    53
    Must be present when perjurious testimony is given to support
    charge of perjury......................................... 343, 409, 800
    Of the Committee of the Whole.................................. 329, 982
                Of House of Representatives and Senate in voting for
                    President and Vice President of the United States.   221
                Of a joint committee..................................   325
                Of Senators in an impeachment trial...................  615b
                Quorum in committees to report........................   799
            Count of.
    Theory of quorum present and Speaker's count.................... 54, 628
            When necessary.
                After failure of, must be of record before transaction
                    of business.......................................    55
                Effect of failure of, as to motions in order pending a
                    motion to suspend the rules.......................   890
                Enrolled bills not signed in absence of...............   625
                Failure of, on second of motion to suspend the rules..   888
                Necessary during debate and other business (obsolete).   310
                Of House, necessary for business......................    52
                Quorum not required in certain situations.............  1027
                Quorum not required in the House unless pending motion
                    or proposition put to vote........................  1027
                Quorum not required in Committee of the Whole, after
                    once ascertained on that day, unless pending
                    motion or proposition put to vote.................   982
                Relations of, to acts of House........................    55
                Relations of, to reception of messages................55, 56
                Relations of motion to reconsider to..................  1003
                Reporting a measure in committee......................   799
                Voting, debate, and other business suspended by
                    failure of (obsolete).............................   510
            Call of the House.
                Arrest of Members.....................................  1023
    Call of the House............................................ 1025, 1026

    [[Page [1331]]]

                Call of the House in the old form.....................  1021
                Call of the House after previous question is ordered..  1029
                Count of those not voting to make a quorum of record
                    on a record vote..................................  1020
                Dispensing with call after quorum responds............  1023
                Motions during a call of the House....................  1024
                Ordering and conducting the call of the House in the
                    old form..........................................  1022
                Power to compel attendance............................52, 55
                Use of clerks to record...............................  1019
                Use of electronic equipment to record.................  1014
            Point of order as to.
                Before adoption of rules..............................    60
                Before approval of Journal............................   621
                Failure of, on yea-and-nay vote to be noted...........    76
                Former rule with respect to reporting a measure from
                    committee.........................................   839
                Making point as to....................................    54
    Not in order before Chaplain offers prayer........... 56, 621, 869, 1027
                Point as to, may be dilatory..........................   903
    Prohibition against making in certain situations.............. 982, 1027
                Right of a Member to have the House told when a quorum
                    is not present....................................   382
                Time of making point of...............................    55
                Withdrawal of point as to.............................    55
            Motions in absence of.
                Excuses, but not leaves of absence, granted by less
                    than..............................................   671
                Less than may order yeas and nays.....................    76
                Motions in order in absence of........................    55
                Questions of privilege in the absence of..............   698
                Right to demand yeas and nays not waived by demand for    77
            In Committee of the Whole.
                Discretionary during general debate in................   982
                Not required, after once ascertained on that day,
                    unless pending motion or proposition put to vote..   982
                Of Committee of the Whole consists of 100 Members.....   982
                Procedure in case of failure of.......................   982
                Rising and reports of, as related to..................   983
                Short or notice quorum................................   982
            Relation of, to organization.
    As related to right of Member to take oath...................... 56, 232
                At organization of the two Houses.....................    56
                Relations of, to business of two Houses at
                    organization......................................    56

    [[Page [1332]]]

            In general.
                At calling of House to order..........................   621
                Clerk to furnish Members a list of certain............   646
                Relations of, to calling of the House to order when
                    Speaker takes the Chair...........................   310
                Relations of Journal to absence of....................    55
                Relations of, to reading of Journal...................    55
                One-fifth of, orders recorded vote (or former vote by
                    tellers)..........................................  1012
    Radio gallery.  See Galleries.
    Radio service.
            Jurisdiction of bills relating to, generally..............   721
    Railroads.
            Jurisdiction over.........................................   739
    Railway-mail service.
            Jurisdiction of subjects relating to......................   723
    Raising revenue.  See Revenue.
    Ramseyer rule.  See Committees.
    Ratification.
            Of the Constitution.......................................   207
            Of amendments to the Constitution.........................   190
            Procedure of Senate in ratifying treaties.................   600
    Reading.
            Of papers.
    Member not always privileged to read a paper in his place..... 434, 964,
                                                                         965
                Intervening questions as to...........................   459
    Objections to reading of papers under former rule XXX.......... 964, 965
    Of papers on which the House is to vote........................ 392, 964
                Of such as criticize the Senate or Senators not in
                    order.............................................   372
                On reference..........................................   436
    Papers not necessarily to be read on plea of privilege......... 433, 964
                Papers read on demand of a Member.....................   964
                Papers read by consent of the House under former rule
                    XXX...............................................   965
    Parliamentary law as to........................................ 432, 964
                Reports of committees not read except in order or in
                    debate............................................   435
            Of bills, resolutions, conference reports.
                Rule for..............................................   941
                A bill read in Committee of the Whole not read in full
                    when taken up in House............................   338
                Amendments before third...............................   497

    [[Page [1333]]]

                Committal of, on third................................   494
                Debate in relation to third...........................   498
    Engrossed copy, reading in full not required................... 941, 943
    First and second............................................... 941, 942
                Manner of reading a bill the second time..............   428
    Obsolete requirements as to.................................... 399, 400
    Obsolete requirements as to third.............................. 492, 493
                Of a bill in Committee of the Whole...................   942
                Of bills for amendment under the five-minute rule.....   980
                Of concurrent resolution on the budget................   990
    Of conference reports and amendments in disagreement, dispensed
    with......................................................... 1082, 1083
                Of Journal, not interrupted by conference report......  1077
                Of Journal, place of, in order of business............   869
                Of President's messages and accompanying documents....   188
                Of a veto message.....................................   107
                Raising points of order before completing reading of
                    resolution........................................   628
                Raising points of order before completing reading of
                    amendment.........................................   924
                Speaker sits while reading, but the Clerk stands......   428
                Third reading after engrossment.......................   943
            Of amendments.
                Motions to dispense with reading......................   986
    Reappropriations.
            Citations relating to................................ 1037, 1063
            Not in order on general appropriation bill unless in
                continuation of public works already commenced... 1037, 1063
    Reasons.
            Not entered on Journal....................................    70
    Rebellion.
            Debts incurred in suppressing, not to be questioned.......   234
            Debts incurred in aid of, not to be paid..................   234
            Participation in, as a disqualification for office........   230
            Suffrage may be abridged for..............................   226
            Suspension of writ of habeas corpus for...................   138
    Recapitulation.
            Of a vote, Speaker's discretion as to.....................  1015
    Recede, motion to.
            Precedence of......................... 486, 528-528d, 1089, 1091
            Motion to recede and concur takes precedence of motion to
                recede and concur with amendment or insist........ 525, 528d
            Motion to recede and concur divisible................. 525, 528d

    [[Page [1334]]]

            Not equivalent of either insisting or adhering when
                decided in negative...................................   488
            One House not to recede from its own amendment with an
                amendment............................................... 526
            Parliamentary law as to receding.................. 523, 528-528d
            Practice of the House as to receding from its own
                amendment to a bill of the other House................   524
            Practice of the House as to receding from disagreement to
                amendment of the other House..........................   525
    Receipts.
            Of public money, account of, to be published..............   143
    Reception.
            Duty of President to receive ambassadors..................   172
    Recess.  See also Adjournment.
            In general.
                Of Congress...........................................   590
                Of a Congress, effect on pending business.............   814
                Of Congress, issue of subpoenas during................   342
                Of Congress, jurisdiction of resolutions relating to..   733
                Of Senate, power of President to fill offices during..   167
                Of House, during day's sitting, conditions of.........   586
    Of House, Speaker's authority to declare....................... 638, 639
    Of House, emergency reconvening................................. 83, 639
                Of a committee........................................   787
            Motion for.
    Status of................................................. 586, 911, 913
                Limitation of, on Calendar Wednesdays.................   900
    Reclamation.
            Jurisdiction of matters relating to.......................   732
    Recognition.
            To call up a bill made in order by a resolution adopted by
                the House.............................................   715
            For debate and amendment under the five-minute rule.......   980
            For motions to discharge committees on second and fourth
                Mondays...............................................   892
            For motion to go to conference....................... 1069, 1070
            For the motion to reconsider..............................  1004
            For the previous question.................................   997
            For question of privilege............................... 698-668
            Loss of right to recognition by Member in charge..........   954
            Parliamentary law as to Speaker's duty in.................   356
            Preliminary action of Member in seeking...................   945
            Preference in, to be given to opposition for motion to
                recommit after previous question is ordered....... 911, 917,
                                                                  1001, 1002

    [[Page [1335]]]

            Prior right of Members of the committee to recognition for
                debate................................................   955
            Procedure of the Member in seeking........................   354
            Under former rule requiring a second on the motion to
                suspend the rules.....................................   889
            Speaker's power of...................................... 949-956
            Speaker's power of with respect to Senate amendments...... 1070,
                                                                        1072
            Speaker governed by usage in...................... 356, 953, 956
            Speaker not to recognize Members to introduce occupants of
                galleries to House....................................   966
            No appeal from Speaker's decision in......................   356
            Exceptions to the usages constraining the Speaker as to
                recognitions..........................................   956
            Right to speak a second time..............................   357
    Recommendations.
            President to make, to Congress............................   168
    Recommit, motion to.  See also Commit, motion to.
            Precedence and general conditions of....... 911, 916, 1001-1002c
            After previous question is ordered, privilege and effect
                of.......................................... 994, 1001, 1002
            Debate on, with instructions......................... 1001, 1002
            Germaneness test with respect to..........................   929
            In order as to bill on third reading......................   494
            Instructions with.............................. 917, 1001, 1002b
            Instructions to strike out amendment adopted by the House
                not in order..........................................   917
            Instructions may be amended by substituting different
                instructions...................................... 917, 1002
            Instructions must be germane to bill before the House...... 930,
                                                                        1002
            Speaker does not usually decide as to whether or not
                committees have followed..............................   628
            Limiting by Committee on Rules............................   857
            May be applied to a conference report under certain
                circumstances............................... 550, 1001, 1002
            Method of dividing a bill by, with instructions...........   476
            Not used in Committee of the Whole........................   916
            Not applied to reports from Committee on Rules pending
                previous question.....................................   857
            One motion to, in order after previous question is ordered
                                                             911, 1001, 1002
            Repetition of motions.....................................   918
            Recognition to offer...................... 911, 917, 1001, 1002c
    Recommittal.
            Of bills to select or standing committees.................   420

    [[Page [1336]]]

            Duty of committee in case of..............................   917
            Of bills amending or repealing statutes when committee
                reports fail to comply with rule......................   846
            Of bills to Committee of the Whole........................   420
            Of report from Committee of the Whole when ruled out in
                the House.............................................   335
            When House nonconcurs in recommendation of Committee of
                the Whole to strike out enacting words................   988
            Speaker does not usually decide as to whether or not
                committees have followed..............................   628
    Reconsider, motion to.
            Rule for the motion and its precedence....................  1003
            Discussion of procedure of................................  1005
            Application of............................................  1006
            Application of, to bills in committee.....................  1011
            As to use in a standing or select committee........... 416, 1005
            Debate on.................................................  1010
            Delegates and Resident Commissioner not to make...........   741
            Effect of.................................................  1007
            Enrolled bills not signed pending.........................   625
            Maker of..................................................  1004
            May be held dilatory......................................   903
            May be applied to vote refusing yeas and nays or ordering
                yeas and nays (if not executed).................... 79, 1007
            Not used in Committee of the Whole........................   416
            Relations of, to motion to lay on the table...............  1009
            Relations of, to the previous question............... 1005, 1006
            Repetition of........................................ 1006, 1007
            Vote on...................................................  1008
            Vote on ordering yeas and nays may be reconsidered by less
                than a quorum.........................................    76
    Reconsideration.
            Bill once rejected not to be brought up again the same
                session...............................................   515
            Early Senate practice as to...............................   513
            Exceptions to the rule against bringing up a matter once
                rejected..............................................   516
            Expedients for changing the effect of bills once passed...   516
            Of a vetoed bill by the two Houses........................   104
            Member voting ``present'' not counted in determining the
                two-thirds............................................   109
            Two-thirds of those voting, a quorum present, sufficient
                to pass bill..........................................   109
            Passage of supplementary bills............................   518
            Parliamentary law as to...................................   514

    [[Page [1337]]]

    Reconvening.
            Emergency reconvening of the House, Speaker's authority..... 83,
                                                                         639
            Reconvening of Congress by joint leadership under recall
                authority in adjournment resolutions................. 82, 84
    Record.  See also Congressional Record.
            The Journal as............................................   582
    Record vote.
            Changes and corrections of votes..........................  1017
            Count of those voting to make a quorum of record on a
                record vote...........................................  1020
            Electronic device.................................... 1014, 1019
            In committee, formerly used as proof quorum present when
                reporting.............................................   839
            In Committee of the Whole on the failure of quorum........   982
            Interruptions of the record vote..........................  1018
            Manner of, during call of the House.......................  1022
            Not to be interrupted for conference report...............  1077
            Not to be interrupted by arrival of time for recess... 586, 1018
            Oath administered to a Member during......................   201
            Postponement of, by Speaker...............................  1030
            Speaker may recognize for motion for call of House at any
                time..................................................  1028
    Recorded vote.
            Ordered by one-fifth of quorum in House...................  1012
            By electronic device or by tellers........................  1012
            Ordered by 25 in Committee of the Whole............... 984, 1012
            Repetition of demand for..................................  1013
            Vote by considered vote by yeas and nays..................  1012
    Recording Studio.
            Establishment and composition of House Recording Studio...  1125
    Records.  See Papers.
    Red Cross.
            Jurisdiction as to affairs of.............................   729
    Redress.
            Of grievances, right of people to petition for............   208
    Refer, motion to.  See also Recommit, motion to.
            Precedence and status of.
    Precedence and general conditions of........................... 911, 916
                Has precedence of motion to amend.....................   449
                May not be postponed..................................   451
                Not to be suppressed by another privileged motion.....   450
                Repetition of.........................................   918
            Use of.
    General use of................................................. 401, 446
                Not used in Committee of the Whole....................   916
    Admitted in ``House as in Committee of the Whole''............. 425, 427

    [[Page [1338]]]

                In relation to motion to strike out enacting words....   988
    In relation to amendments between Houses....................... 528-528d
                In order as to bill on third reading..................   494
                Motion applicable to a vetoed bill....................   108
                Instructions with.....................................   917
    Instructions may be amended.............................. 917, 929, 1002
                Instructions must be germane to bill before the House
                    and not to general law sought to be amended.......  1002
                Method of dividing a bill by, with instructions.......   476
            Relations of, to previous question.
                Application of previous question to...................   450
    Relations of, to the previous question......................... 486, 998
    After previous question is ordered, privilege and effect of... 994, 1002
    Minority has preference in recognition for, after previous
    question is ordered......................................... 1001, 1002c
                After previous question is ordered, Committee on Rules
                    limited as to.....................................    57
                Not applied to reports from Committee on Rules pending
                    previous question.................................   857
    Discussion of relations of, to early use of the previous question
                                                                    448, 449
    Reference.
            Of bills.  See Bills.
            Of memorials, petitions.
    By Speaker................................................ 816, 825, 873
    By Members..................................................... 816, 818
                Private claims referred to certain committees.........   817
    Of communications, rule for............................... 816, 873, 874
    Of messages of the President, rule for..................... 816, 873-875
                Of executive documents................................   827
                Papers not read in House on ordinary reference to
                    committee.........................................   436
            Correction of errors in reference of.
                Errors in.............................................   824
                Correction of, for public bills.......................   825
                Of public bills, place of correction of, in order of
                    business..........................................   869
                Change of, for errors in..............................   824
    Correction of, in case of bills referred from Speaker's table...... 873,
                                                                         874
                Of bill to a calendar, error in, a question of
                    privilege.........................................   828
    Regents.
            Do not hold incompatible offices..........................    98

    [[Page [1339]]]

    Regular order.
            Improper use of demand for................................   381
            Right of the Member to demand..................... 381, 382, 872
            Not to be demanded while a Member has the floor in debate.   393
    Regulations.
            Power of Congress to make, concerning territory and other
                property..............................................   188
            Power of Congress to make, as to jurisdiction of Supreme
                Court.................................................   179
    Rejection.
            Effect of.............................................. 515, 517
            Bill is lost when a conference report is not agreed to....   549
            Bills fail when both Houses continue to insist or adhere..   522
            Of a bill, action on similar bill.........................   944
            Of a bill, communicated to the other House................   568
            Of bills, question on, comes indirectly...................   484
            Status of amendments after rejection of conference report.   551
            Striking out enacting words of a bill equivalent to.......   988
    Relatives.
            May not be employed by Members............................    88
    Relevancy of debate.  See Debate.
    Religion.
            Congress to make no law respecting establishment of, or
                free exercise of......................................   208
            Religious tests not required for officers under United
                States................................................   196
    Remonstrance.
            Nature of.................................................   389
    Removal.
            Of President from office..................................   155
            Of Speaker................................................   315
    Renegotiation.
            Jurisdiction over subject related to......................   722
    Repetition.
            Of motions, general rules as to........................ 911, 918
            Of motion to reconsider.............................. 1006, 1007
            Of motion to strike out and insert..................... 471, 472
            Of motion to request a conference.........................   535
            Of demand for yeas and nays...............................    77
            Of motion to reconsider vote ordering yeas and nays.......    79
            Of a question once determined.............................   514
            Of amendments.............................................   468
    Reporters.
            Of debates................................................   685
            Of debates, duties of Committee on House Administration as
                to....................................................   724
            Press, admission to the floor,  see Floor.

    [[Page [1340]]]

    Reports.
            Of committees.  See Committees.
            From Committees of the Whole.  See also Committee of the Whole.
                As related to amendments adopted......................   336
                As to breach of privilege.............................   335
                Bill presumed to have passed necessary stages.........   335
                Bills from, considered in the House...................   338
                Chairman alone makes reports..........................   335
                Consideration of amendments from, in the House........   337
                Discharge of Committee of the Whole...................   339
                Minutes of Clerk in lieu of, when Committee is
                    discharged........................................   339
                Not to be amended by the House........................   335
    Of disorderly words taken down............................ 369, 960, 961
                Of motion to strike out the enacting words............   988
                Recommitted when ruled out in House...................   335
    Of Chairman when Committee rises before a matter is concluded...... 333,
                                                                    334, 983
                Quorum not required after Committee of the Whole has
                    risen and before report made to House.............  1027
                When a quorum fails...................................   982
            Of managers of conferences.  See Conferences.
            In general.  See also Clerk; Sergeant-at-Arms; Chief
                Administrative Officer.
                Of Members, officers, and employees on financial
                    disclosure........................................  1103
    From heads of departments, rule for reference of............... 873, 874
    From heads of departments to be studied by committees........... 744-749
                Rectification of errors after report of tellers.......   503
    Representation.
            Office of General Counsel............................ 670, 1125b
            Reduction of, for abridgement of the right of suffrage....   226
    Representatives.
            Election, privilege, and duties.  See Members.
            House of.
                Part of Congress......................................     3
                Attendance at an impeachment trial....................   617
    Authority as to treaties........................................ 594-599
                Bills for raising revenue to originate in.............   102
    Choice of President by......................................... 221, 222
                Chooses Speaker and other officers.................... 26-30
                Composed of Members chosen by people..................  5, 7
                Confirms Vice President...............................   253
                Electoral votes to be counted in presence of..........   219
                Has power of impeachment..............................    31

    [[Page [1341]]]

                Indecent language against, not permitted in debate....   360
                Convening time........................................     6
                Power of President to convene or adjourn..............   171
    Questions of privilege affecting............................... 698, 700
                Required to keep a Journal............................    68
                Rules as to use of Hall...............................   677
                The office building...................................  1114
                Vacancies in.......................................... 17-25
    Reprieves.
            Power of President to grant...............................   162
    Reprimand.
            Of a Member...............................................    64
    Reprisal.
            Letters of, Congress to grant.............................   127
            States not to grant.......................................   146
    Republican form of government.
            Guaranteed to the States..................................   189
    Request.
            For a conference.
                Declined or neglected.................................   534
                Made by the House possessed of the papers.............   530
    Motions to........................................ 528a, 535, 1069, 1070
                Practice as to making.................................   533
                Usual but not essential that names of managers be
                    transmitted with..................................   536
            Bills introduced by.
                Introduction of bills, resolutions by.................   826
    Rescind, motion to.
            Not privileged under rules governing the order of business   734
            As to entries on Journal..................................    71
    Rescission.
            Of appropriations, jurisdiction of Appropriations
                Committee.............................................   716
            Separate headings required on in certain bills and reports   716
            Rescission bills, definition and procedure for
                consideration of under Impoundment Control Act..... 1130(6a)
    Reservation.
            Of rights of people.......................................   216
            Of points of order on general appropriation bills.... 1044, 1035
            Of objection to unanimous-consent request.................   872
    Reserved powers.
            Of the State and people...................................   217
    Residence.
            As a condition of citizenship in the United States and the
                State of..............................................   225

    [[Page [1342]]]

    Resident Commissioner.
            Admitted to floor of House................................   678
            Clerk to distribute certain documents to..................   649
            Compensation of...........................................    86
            Elected to committees.....................................   675
            Former de novo vote in House where vote of decisive in
                Committee of the Whole................................   985
            From Puerto Rico, power and privileges of......... 675, 676, 970
            May be appointed to select and conference committees......   676
            Formerly could be appointed Chairman, Committee of the
                Whole.................................................   970
            Of Puerto Rico, admitted to the floor.....................   678
            Powers and privileges in Committee of the Whole........ 675, 970
            Rooms of, in office building..............................  1114
    Resignations.
            As related to procedure for punishments................... 63-66
            From committees, privilege of and debate on....... 700, 668, 948
            Of chairman of a committee, selection of a successor......   761
            Of Member-elect before taking oath........................   300
            Of President of the United States or Vice President.... 155, 156
            Of Speaker................................................    28
            Procedure for considering.................................   700
            Vacancy from..............................................    19
            Vacancies caused by, in Senate............................    34
    Resolutions.
            Commemoratives.
                Prohibited............................................   823
            Simple, of the House--Nature and forms of.
                As to presentation of, to President for approval......   115
                Consideration of a preamble...........................   414
                Introduction by request...............................   826
                Introduction and reference of private.................   818
                Introduction of public................................   825
                Nature and use of, as compared with others............   395
                Raising a question of privileges of the House.........   698
                Reference of..........................................   816
                Of inquiry............................................   864
                Use, to disapprove Executive actions..................  1130
            Simple, of the House--Of inquiry.
                Discharge of a committee from a resolution of inquiry.   867
                Forms of resolutions of inquiry and delivery thereof..   865
                Privileged status of resolutions of inquiry...........   866
                Resolutions of inquiry as related to the Executive....   868
            Simple, of the Senate.
                Not referred in House.................................   874

    [[Page [1343]]]

            Concurrent.
                Adjournment for more than three days by concurrent
                    resolution........................................    84
                Reference of..........................................   816
    Their use..................................................... 396, 1130
            Joint.
    Their use..................................................... 397, 1130
                Clerk certifies to passage of.........................   648
                Division of, not in order on vote on engrossment of
                    passage...........................................   921
                Reference of..........................................   816
                Signed by Speaker.....................................   624
                Used for abrogating treaties..........................   599
                Used for amendments to the Constitution...............   291
                Use of, correct an error in a bill sent to the
                    President.........................................   518
    Resources, Committee on.
            History and jurisdiction of...............................   732
            Special oversight functions of............................   744
    Restaurant.
            Of House, jurisdiction of matters relating to.............   739
            Of House, management of...................................   725
            Retrenching expenditures, amendment providing new
                legislation in order on appropriation bill........ 1036-1062
    Return.
            Of a message sometimes asked..............................   565
    Returns.
            Power of House to judge as to............................. 46-51
    Revenue.
            Power to raise.
                Account of receipts of public money to be published...   143
                Capitation or direct taxes to be proportioned to
                    census............................................   140
                Export duties forbidden...............................   141
                General power of Congress to raise....................   117
                Not to be raised on commerce by water between States..   142
    Power of States as to raising of............................... 147, 148
                Regulations of, not to favor ports....................   142
                Retroactive income tax rate increases prohibited......  1068
            Consideration of bills for raising.
                Amendments must relate to particular item.............   940
                Bills for raising, to originate in House..............   102
                Bills raising, placed on Union Calendar...............   828
                Bills raising, considered in Committee of the Whole...   973
                Consideration in order on third Tuesday...............   895
                Jurisdiction of subjects relating to..................   741
                Jurisdiction as to oleomargarine......................   715

    [[Page [1344]]]

    Point of order against certain bills or amendments carrying taxes
    or tariffs.................................................. 1066, 1076a
                Precedence of bills raising, in Committee of the Whole   977
                Precedence of, in order of business...................   856
    Vote on measures raising income tax rates.................... 1033, 1067
    Revenue sharing, general.
            Jurisdiction over.........................................   723
    Revenue treaties.
            Authority of House as to..................................   597
    Revision of the laws.
            Jurisdiction of subjects relating to......................   730
            Law Revision Counsel, Office of...........................  1120
    Riders.
            Nongermane Senate amendments.......................... 1089-1091
            Rule forbidding, on general appropriation bills,  see
                Appropriations.
            On bills, obsolete parliamentary practice as to...........   495
    Rights.
            Of the people under the Constitution.
                Those enumerated in Constitution and others retained
                    by the people.....................................   216
                As to quartering of soldiers..........................   210
                As to searches and seizures...........................   211
                Excessive bail or fines and cruel punishments
                    prohibited........................................   215
                Of citizens of the United States as to privileges and
                    immunities........................................   225
                Of citizens of the United States to vote..............   235
                Of persons to life, liberty, property, and equal
                    protection of the laws............................   225
                Of religion, speech, free press, assembly, and
                    petition..........................................   208
                Security as to accusations, trials, and property......   212
                To a fair trial by jury...............................   213
                To jury trial in suits at common law..................   214
                To bear arms..........................................   209
                To vote, of citizens eighteen years of age or older...   257
            Certain, of Members of the House.
    Members not always entitled to read papers in their places.... 434, 964,
                                                                         965
                Members not necessarily entitled to have papers read
                    on plea of privilege..............................   433
                Of Member to have paper read..........................   432
    Of Members, to call to order in debate......................... 960, 961
                Of Members to demand division of the House after vote
                    by sound..........................................   501

    [[Page [1345]]]

    Of Members to demand the execution of a subsisting order....... 381, 872
                Of Members to inspect the Journal.....................   582
    Rising.  See also Committee of the Whole.
            Of a Committee when the House sits........................   324
    Rivers and harbors.
            Jurisdiction of subjects relating to......................   739
            Precedence of bills to improve, in Committee of the Whole.   977
    Roads.
            Post, jurisdiction of subjects relating to................   739
            Jurisdiction as to highways and their safety in general...   739
    Roll Call.
            Members not to remain near Clerk's desk during roll call..   962
            Method of call of the roll for the yea-and-nay vote.......  1015
    Rolls.
            Of Members-elect, Clerk makes up..........................   644
            Duty of Clerk as related to qualifications................     9
            Names of Members not entered on yea and nay, until sworn..   300
            Speaker's name not on that from which yeas and nays are
                called................................................   631
    Rooms.
            Assignment of, in office buildings........................  1114
            Control of, in House wing.................................   623
            Duty of Committee on House Administration as to...........   724
            Exclusion of persons from those leading to the Hall.... 678, 680
    Rules.
            House makes its own.
    Abrogation of joint rules....................................... 61, 316
                As related to privileges of minorities................   283
                Congressional Budget Act rules may be changed by the
                    House.............................................  1127
                Each House makes its own.............................. 58-60
                Early parliamentary law as related to.................   286
                House's construction of its power to adopt............   388
                Jefferson's Manual, part of...........................  1105
                Jefferson's views as to power to make.................   387
    Jurisdiction as to............................................. 733, 734
                Necessity of..........................................   285
                Not to be changed by report from Committee of the
                    Whole.............................................   335
                Power to administer oaths not conferred by............    59
    Power to make, not impaired by rule or law...................... 59, 388
                Procedure before adoption of..........................    60

    [[Page [1346]]]

    Those of the House in effect in Committee of the Whole so far as
    applicable..................................................... 340, 992
            Committee on.
                History, jurisdiction, and powers of..................   682
                Limitations on reports from...........................   857
                Member of serves on Budget Committee..................   758
                Activity reports of...................................   790
                Exempted from former rule proscribing committee
                    sittings during five-minute rule..................   801
                Must specify reported waivers.........................   863
                Privileged reports of.................................   857
                Report from, providing special order of business not
                    divisible.........................................   857
                Report may be considered immediately by two-thirds
                    vote..............................................   857
    Certain reports may be considered immediately without two-thirds
    vote.................................................... 850, 1082, 1083
    Reports, adverse, from......................................... 861, 893
                Reports from, on resolutions repealing or amending
                    rules of House must show by typographical device
                    parts of rules affected...........................   848
    Right to report at any time confined to privileged matters..... 853, 857
            Suspension of.  See Suspension of rules.
            Power of Congress to make certain.
                Congress to make, for land and naval forces...........   131
                Congress to make, concerning captures on land and
                    water.............................................   127
                Power of Congress to make, concerning territory and
                    other property....................................   188
    Rumor.
            As a ground for impeachment...............................   605
            As foundation for investigation...........................   341
    Rural development and electrification.
            Jurisdiction of subjects related to.......................   715
    Safety, public.
            As related to suspension of writ of habeas corpus.........   138
    Salaries.
            Of Representatives and Senators............ 85-88, 258, 1130(12)
            Of Speaker................................................    86
            Jurisdiction as to, of legislative employees..............   724
            Authorization of appropriations for, in general
                appropriation bills...................................  1046
    Sanity.
            As related to the oath and qualifications.................   205

    [[Page [1347]]]

    Savings banks, postal.
            Jurisdiction of bills relating to.........................   723
    Science.
            Congress may promote, by patent and copyright laws........   124
    Science, Committee on.
            History, jurisdiction, and duties of......................   735
            Special oversight functions of............................   744
    Science, Space, and Technology, Committee on.  See Science, Committee
        on.
    Seal.
            Of the House, Clerk affixes...............................   648
    Searches.
            As related to security of persons, papers.................   211
    Seat of Government.
            Power of Congress to legislate for..................... 134, 135
            Power of President to convene Congress at another place..... 82,
                                                                         171
            District of Columbia denominated as.......................   135
    Seats.
            Obsolete requirement that a Member sit in his place.......   353
    Second.
            Not required for ordinary motions...................... 392, 904
            Formerly required on motions to suspend the rules.........   889
            Of motion to adjourn on new call of House.................  1025
            Yeas and nays not taken on vote to........................    77
    Second reading.
            Of a bill, obsolete requirement as to.....................   400
            Of bills to be in full................................. 941, 942
            Manner of reading a bill a second time....................   428
    Secondary motions.  See also Motions.
            Application of motion to amend to other...................   927
            Discussion of use and relations of...................... 437-464
            In general, one not to be suppressed by another...........   450
            Precedence and conditions of............................ 911-917
    Secrecy.
            Of portions of the Journal................................    68
            Of committee procedure....................................   319
    Secret sessions.
            Rule for and procedure in.............................. 785, 969
            Of committees, banned with certain exceptions.............   798
    Secretary of State.
            Bills that become laws deposited with (obsolete)....... 105, 109
    Secrets.
            Of the House, oath of officers to keep (obsolete).........   640
    Sections.
            Amendment of bills by.....................................   413
            Amendments should be germane to...........................   928

    [[Page [1348]]]

            Clerk amends numbers of, in a bill........................   479
            House does not agree to severally, in perfecting a bill...   456
            Reading of bills by.......................................   980
            Transportation of, in a bill by amendment.................   477
    Securities.
            Congress may provide punishment for counterfeiting........   122
            Jurisdiction over depository institution securities.......   722
            Jurisdiction over exchange................................   722
    Security.
            Of the people as to searches and seizures.................   211
    Seizures.
            As related to security of persons, papers.................   211
    Select committees.
            Ad hoc to consider legislation............................  816b
            Former Aging..............................................   784
            Compliance with clause 2(a) of rule XI....................   783
            Conferences held by means of..............................   532
            Ethics....................................................   738
            Generally................................................. 1112a
            Homeland Security......................................... 1112a
            Membership contingent on party membership.................   782
            Permanent Select Committee on Intelligence............. 744, 785
            Speaker appoints..........................................   637
            Reports, dissolution, and revival of......................   419
            U.S. National Security and Military/Commercial Concerns
                With the People's Republic of China................... 1112a
    Senate.
            Part of Congress..........................................     3
            Concurs in treaties by two-thirds vote....................   165
            Congress not to interfere as to place of choosing Senators    42
            Composition of............................................    32
            Division into classes.....................................    33
            Election of Senators................................ 32, 42, 236
            Electoral votes transmitted to President of...............   219
            Electoral votes to be counted in presence of..............   219
            Filling vacancies in.................................... 34, 236
            May amend revenue bills...................................   102
            No State to be deprived of equal suffrage in, without
                consent...............................................   191
            Power of President to appoint officers during recess of...   167
            Permissible references to Senate action...................   945
            President pro tempore.....................................    37
            Procedure in ratifying treaties...........................   600
            Qualifications of Senators.............................. 35, 230
            References to debate and proceedings therein, criticisms
                of not generally in order in the House......... 371-374, 945

    [[Page [1349]]]

            Vice President............................................    36
            Tries impeachments........................................ 38-41
    Senate amendments.  See Amendments Between the Houses; Conferences.
    Senate bills.
            Rule for reference of............................. 816, 873, 874
            Consideration of, from Speaker's table with reference to
                Committee of the Whole............................. 873, 874
    Senate resolutions.
            Simple resolutions of Senate not referred in House........   874
    Sergeant-at-Arms.
            Doorkeeping duties..................................... 380, 658
            Duty to cooperate in the performance of reviews and audits   660
            Duties of, on call of the House................ 1021, 1023, 1025
            Election, oath, and removal of............................   640
            Enforces authority of House in House and in Committee of
                the Whole.............................................   648
            Enforces rules as to decorum on floor.....................   962
            Financial and operational reports to Committee on House
                Administration........................................   659
            Formerly disbursed pay and mileage of Members........... 86, 648
            Makes up roll of Members-elect in certain cases...........   648
            Of the Senate, admitted to the floor of the House.........   678
            The Mace as symbol of his office..........................   657
    Service.
            Fugitives from, return of.................................   186
    Servitude.
            Involuntary, not to exist except as punishment for crime..   224
            Suffrage not to be abridged for previous condition of.....   234
    Sessions.  See also Adjournments
            Sessions and recesses (adjournments) of Congress..... 82-84, 590
            Adjournment of Congress during August in certain
                situations............................................  1105
            Adjournment prohibited before completion of congressional
                budget process........................................  1127
            Close of, as related for constitutional day of meeting of
                Congress............................................ 45, 242
            Conference asked at one and concluded at next.............   533
            Congress adjourns not later than last day of July in
                certain situations....................................  1105
            Congress may extend session beyond July...................  1105
            Effect of adjournment on action on a veto.................   107
            Executive, of committees, banned with certain exceptions..   798
            Impeachments continue from one to another.................   620
            Manner of closing session by action of the two Houses...... 242,
                                                                         591
            Obsolete law as to business at end of.....................   385

    [[Page [1350]]]

            Of Congress, resumption of business of a preceding........   814
            Of Parliament.............................................   588
            Parliamentary law as to business at the termination of a
                session...............................................   592
            Relations of, to adjournments for more than three days....    84
            Rule for secret, of the House.............................   969
            Sitting committees in recesses, and creation of
                commissions to sit after Congress adjourns............   589
            Termination of, as affecting approval of bills............   577
    Seven days.
            Any member of standing committee may call up bill after
                resolution making bill in order has been adopted for
                more than.............................................   862
            Any member of Rules Committee may call up special rule
                after it has been on calendar for.....................   861
            Filing of committee report within, after written request..   834
            See clause 2, rule XV, relating to motion to discharge....   892
            Special committee meetings to be called within, upon
                request of committee majority.........................   793
    Sex discrimination.
            Discrimination in employment..............................  1095
            Right of suffrage.........................................   240
    Ships.
            Of war not to be kept by States in time of peace..........   148
    Signature.
            Approval of bill by President valid only with.............   105
            As to signing of enrolled bills by Speaker pro tempore....   632
            Of enrolled bills for presentation to the President.... 575, 576
            Of enrolled bill canceled.............................. 575, 625
            Of bills, effect of recess of Congress on.................   814
            Of conference reports.....................................   543
            Of prime sponsor of bill at introduction..................   821
            Of reports of committees and minority views............ 408, 833
            Of writs, warrants, acts, subpoenas.......................   624
            Speaker declines to sign a bill when motion to reconsider
                is pending............................................  1007
            Speaker does not sign bills in absence of a quorum
                (obsolete)............................................   625
    Simple conferences.  See Conferences.
    Six days.
            Last, of session, status of motion to reconsider during...  1003
            Last, of session, suspension of rules during..............   885
            Conference report not required to be printed in Record on
                last............................................. 1082, 1083
    Slavery.
            Not to exist in the United States.........................   224
            Suffrage not to be abridged for previous condition of.....   234

    [[Page [1351]]]

            No claims to be paid for..................................   232
    Small business.
            Generally.
                Assistance and protection, jurisdiction over..........   736
                Participation in Federal contracts, jurisdiction over.   736
            Committee on.
                History and jurisdiction of...........................   736
                Special oversight functions of........................   744
    Smithsonian Institution.
            Jurisdiction of matters relating to.................... 724, 739
    Smoking.
            Forbidden on floor of House...............................   962
    Social Security.
            Jurisdiction over health care and facilities supported by
                payroll deductions....................................   741
            Jurisdiction over health care supported by general
                revenues..............................................   721
            Jurisdiction of, generally................................   741
    Soldiers.
            As to quartering of.......................................   210
            Of the World War, jurisdiction of matters relating to.....   740
    Soldiers' homes.
            Jurisdiction of matters relating to.......................   718
    Speaker.
            Election of.
    Chosen by the House............................................. 26, 312
    Chosen by majority on rollcall vote by surname.................. 27, 640
                Election of, as related to adoption of rules..........    59
                Election of, in case of death or resignation..........    28
    Election or appointment of Speaker pro tempore............ 314, 632, 634
                Former four-term limit................................  635a
    Has the power to name a Speaker pro tempore under conditions... 632, 634
                House has adjourned for more than one day before
                    election of Speaker...............................    83
                Motion to proceed to election of, of higher privilege
                    than motion to correct the roll...................   644
    Nominations for, precedence of................................... 27, 60
                Removal of............................................   315
                Sergeant-at-Arms maintains order pending election of..   648
            Relations of, to oath.
                Administers oath to Members and officers..............   198
                As to power to direct a Member whose right to be sworn
                    is challenged, to step aside......................   203
                Functions of, in administering the oath to Members....   199

    [[Page [1352]]]

                May administer oaths to witnesses.....................   343
                Oath, administered to, by Dean of House...............   198
            Preserves order and decorum.
                Preserves order and decorum...........................   622
                Censure inflicted by, on order of House...............    65
                Duty of, as to accommodating differences among Members   367
                May cause lobby or gallery to be cleared for disorder.   622
    May not censure or punish a Member.........................622, 960, 961
                May not recognize Members to introduce occupants in
                    galleries.........................................   966
                May not entertain requests to extend floor privileges.   679
                Parliamentary law as to naming a Member by, for
                    disorder..........................................   366
                Power of, as to abuse of privilege of the floor.......   679
                Power to order arrest.................................   622
                Sergeant-at-Arms maintains order and executes commands
                    of House under direction of.......................   648
            Decides questions of order.
    Decides questions of order..................................... 624, 628
                Advice from Members while deciding a question of order
                    during a division.................................   507
                Authority of, to delay decision or a question of order   378
    House by appeal controls decisions on..................... 379, 624, 629
                May not decide questions of consistency as to
                    amendments........................................   466
                Not to pass on sufficiency of a committee's report....   833
                Practice governing, in deciding questions of order....   628
                Questions not for his decision........................   628
            Duties of, as to quorum.
                Actual count of, to ascertain quorum after previous
                    question is ordered...............................  1029
                Count of quorum by....................................    54
                Duties of, when Committee of the Whole rises without a
                    quorum............................................   982
                May order the noting of Members to make quorum on vote
                    of record.........................................  1020
                May recognize for call of the House...................  1028
                Required to notice failure of quorum on yea-and-nay
                    vote..............................................    76
                Takes Chair at hour of meeting, not waiting for
                    ascertainment of quorum...........................   310
            Duties of, as to sittings and adjournment.
                Takes the Chair.......................................   621
                Calls House to order..................................   621
    May declare recesses....................................... 83, 638, 639

    [[Page [1353]]]

                Declares adjournment at end of Congress...............     6
                Pronounces adjournment................................   587
                Right of, to cause secret session.....................   969
            Conduct of.
                As a witness before a committee.......................   346
                Former four-term limit................................  635a
    Functions of, at examinations at the bar of the House.......... 343, 344
                Reprimand of..........................................    64
                Rules a restraint on caprice of.......................   285
            Duties, generally.
    Authority, duties, and privileges as to use of galleries....... 682, 694
                Authority to implement broadcasting of House
                    proceedings.......................................   684
                Certifies to compensation of Members..................    86
                Directed to notify governor of State in case of
                    certain vacancies.................................    22
                Drug testing of Members, officers, and employees......   635
                Duties of, general control of Hall, corridors, and
                    rooms.............................................   623
                Ex officio member of Permanent Select Committee on
                    Intelligence......................................   785
                May designate Members, officers, and employees to
                    travel on official business of the House, on
                    vouchers approved by him..........................   636
                Office for Legislative Floor Activities...............  1123
            Appointment of committees by.
                Appoints select and conference committees.............   637
                Removes conference committees.........................   637
            Appointment of officers of House temporarily by.
                Appoints temporarily to fill vacancies................   640
            Relations to petitions, bills, and order of business.
                Declines to sign a bill when motion to reconsider is
                    pending...........................................  1007
                Directs Clerk as to reference of nonprivileged report
                    to calendars......................................   831
    Duties as to referring matters from Speaker's table............ 873, 874
    Duties of, as to placing bills on the Corrections Calendar.....898, 1124
                Duties of, in presenting petitions....................   818
    Duty as to reception and reference of executive communications..... 816,
                                                                         827
    Duty to exclude certain bills, memorials.................. 818, 822, 823
                Duty of, when validity of a report is questioned......   408

    [[Page [1354]]]

                Early discretion of, as to the order of business......   349
                Exercises discretion about interrupting pending
                    business to receive a message.....................   562
                Functions of, in relation to request for unanimous
                    consent...........................................   872
    Makes reference of public bills, memorials......................816, 825
                Messenger saluted by..................................   564
                Objects to action on a bill without reading...........   942
    Sign acts, writs, subpoenas.................................... 624, 626
    Signing of enrolled bills by................................... 575, 624
            Powers and duties as to recognition.
    Speaker's power of recognition.................................. 949-956
                Designates time and place for consideration of
                    questions of privilege............................   698
                Discretion to recognize for motion for call of House..  1028
    Discretion to recognize for motion to send bill to conference..... 528a,
                                                                  1069, 1070
                Discretion to recognize authorized committee member to
                    call up bill made in order by resolution..........   715
    Duty of, as to entertaining questions of privilege.............. 698-668
                Duty as to recognition for motion to reconsider.......  1004
                Exceptions to the usages constraining the Speaker as
                    to recognitions...................................   956
                Former duty as to recognizing for second of motion to
                    suspend the rules.................................   889
                Function of, in recognizing for debate................   354
                Limitation on power to entertain motion for recess on
                    Wednesdays........................................   900
                Limitation on power of, to entertain motions pending
                    report of Committee on Rules......................   857
                Loss of right to recognition by Member in charge......   954
    No appeal from his recognition................................. 356, 629
                Not to entertain dilatory motions.....................   903
                Not to entertain motion to suspend the rules as to use
                    of Hall of House..................................   677
                Not to entertain motions or requests to suspend rule
                    relating to admission to the floor................   678
                May entertain one motion to adjourn pending motion to
                    suspend rules.....................................   890
                Power to entertain motions to suspend rules limited...   885
                Preliminary action of Member in seeking recognition...   945
                Principles as to recognition for motion for the
                    previous question.................................   997
                Prior right of Members of the committee to recognition
                    for debate........................................   955

    [[Page [1355]]]

    Required to give preference to opposition for motion to recommit
    after previous question is ordered.......................... 1001, 1002c
                Speaker governed by usage in recognition..............   953
                With respect to former Consent Calendar...............   899
            Relations of, to debate.
    Criticism of in debate.................................... 362, 960, 961
    Duty as to calling to order in debate.......................... 960, 961
                Duty of, to suppress reflections on motives...........   363
                Duty of, to prevent expressions in debate offensive to
                    the other House...................................   374
                Participation of, in debate...........................   358
                To be addressed when a Member desires to interrupt in
                    debate............................................   364
            Puts the question.
                Decorum while he is putting the question..............   962
                Duty of, to state motions.............................   904
    Formal and informal putting of the question by.................. 489-491
                Must put a question which is in order.................   304
                Putting of the question by, and taking the vote.......   630
                Reads sitting but rises to put a question.............   428
            Duty and rights as to voting.
                Formerly appointed tellers............................  1013
                Discretionary authority to postpone certain
                    proceedings.......................................  1030
                Discretionary authority to reduce electronic vote to
                    five minutes......................................  1032
    Discretionary authority to use electronic device in taking vote... 1012,
                                                                        1032
                Duty of, when an order of yeas and nays is demanded...    78
                Duty to divide the House on demand of a Member after
                    vote by sound.....................................   501
                Forbidden to entertain a request to record a vote
                    after the record vote.............................  1015
                Has not usually decided as to vote of a Member
                    personally interested.............................   672
                His vote on a record vote.............................  1015
    His vote ordinarily and in case of tie........................ 631, 1015
                Not deprived of vote by rule..........................    59
                Procedure of, in taking a vote of yeas and nays.......   504
            Relations to Committee of the Whole.
                Appoints Chairman of Committee of the Whole and leaves
                    Chair.............................................   970
                Declaration of resolve into Committee of the Whole
                    pursuant to special order.........................   972

    [[Page [1356]]]

                Duty of, as to recognition of a report from a
                    Committee of the Whole............................   335
                Function of, when the House goes into Committee of the
                    Whole.............................................   328
    May take the Chair to restore order in Committee of the Whole...... 331,
                                                                    332, 622
                Remains in the Chair in House as in Committee of the
                    Whole.............................................   424
    Takes the Chair at informal rising of Committee of the Whole to
    receive a message.............................................. 330, 563
            Powers and duties of, as to conferences.
    Functions and duty of, in appointing and removing managers of a
    conference................................................ 536, 637, 782
                May rule out a conference report where managers exceed
                    their authority...................................   547
            Duties as to Journal and Record.
                Approves Journal......................................   621
                May cause Journal to be read..........................   621
                Duties as to reporters of debates and committee
                    stenographers.....................................   685
                May not prevent House from amending Journal...........    71
    Relations of, to Congressional Record.......................... 685, 691
            Vacancy in office of.  See Vacancies and Speaker pro tempore.
    Speaker's Office for Legislative Floor Activities.
            Establishment of..........................................  1123
    Speaker pro tempore.
            Appointed by the Speaker or elected by the House....... 632, 634
            Choice of.................................................   314
            Chosen on removal of Speaker..............................   315
            Competency of, to administer oath to Members..............   199
    Speaker's table.
            Business on, place in order of business...................   869
            Must be authorized by committee in formal meeting to make
                motion................................................   874
            Rule for disposition of business on.................... 873, 874
            Senate bill must be substantially same as House bill as
                reported from House committee.........................   874
            Senate bill to be called up, House bill must correctly be
                on House Calendar.....................................   874
    Special orders.  See also Rules.
            Effect of, on Tuesday business............................   895
            Oxford-style debates......................................   952
            Privilege of reports of........................... 853, 855, 857

    [[Page [1357]]]

            Quorum calls not in order during speeches.................  1027
            Relation of motion to postpone to...................... 734, 915
            Rules Committee must specify waivers contained in.........   863
            Speeches..................................................   950
            Use of, and method of making..............................   734
    Speech.
            Freedom of, guaranteed....................................   208
            Members not to be questioned in another place for.........    92
            Members of Parliament exempted from question as to.... 287, 302,
                                                                         309
            Not to be noticed by the other House......................   308
    Spitting.
            Not in order during debate................................   364
    Spouses.
            Of Members and employees, employment of...................  1095
    St. Elizabeth's Hospital, jurisdiction of.........................   723
    Staffs of committees.  See Committee staffs.
    Standard.
            Congress to fix, for weights and measures.................   121
    Standards of Official Conduct, Committee on.
            Approval of copyright royalty contracts...................  1099
            Composition of............................................   759
            Duties and procedures of as to standards of conduct and
                investigations........................................   806
            Duties under the gift rule................................  1100
            Employing agency under Foreign Gifts and Decorations Act..   737
            Exempted from former rule proscribing committee sittings
                during five-minute rule...............................   801
            History and jurisdiction of...............................   737
            Inspector General makes certain reports to................   667
            Privileged reports from...................................   853
            Sanction Committee may recommend.......................... 62-66
    Standing committees.  See Committees.
    Standing orders.
            Duration of...............................................   386
    State executive.
            Fills certain vacancies in Senate (obsolete)..............    34
            Issues writs to fill vacancies in representation..........17, 24
            May be empowered by legislature to make temporary
                appointment of Senator................................   236
    State of the Union.
            President to inform Congress of...........................   168
    Statement.
            Accompanying conference report, rule as to................  1080
            Of receipts and expenditures of public money to be
                published.............................................   143

    [[Page [1358]]]

    States.
            Relations to the two Houses.
                Admission of, jurisdiction of bills for...............   732
                Authority of, as to establishment of congressional
                    districts.........................................   227
                Clerk to distribute Journal to legislative bodies of..   647
                Constitutional convention to be called on application
                    of legislatures of................................   192
                Governors of, admitted to the floor of the House......   678
                House of Representatives votes by, in choosing
                    President.........................................   221
                Legislatures prescribe time of elections..............42, 43
                May not prescribe qualifications of Members...........    12
                None to be deprived of equal suffrage in Senate
                    without its consent...............................   191
                People of the several, to choose Representatives......     5
                Qualifications of electors of Representatives of, in..     7
                Ratification of constitutional amendments by..........   192
                Representation to be apportioned among................   226
                State laws related to House's power to judge elections 48-50
                Two Senators from each................................    32
            Relations of, to President.
                Appoint electors of President.........................   151
                Electors of, limited as to votes for President and
                    Vice President....................................   219
                Meeting of presidential electors in...................   219
                President Commander in Chief of militia of, in certain
                    cases.............................................   160
            Relations of, to courts, crimes.
                Judges in, bound by Constitution of the United States.   195
                Judicial power extends to cases affecting.............   178
                Jurisdiction of Supreme Court in cases affecting......   179
                Limitations as to certain suits against...............   218
                Relations of, as to extradition.......................   185
                To give full faith and credit to public acts, records,
                    and judicial proceedings of one another...........   183
                Trials for crimes in..................................   180
            Citizenship and suffrage in, and authority of.
                Citizenship of........................................   225
                No State by law to abridge the privileges and
                    immunities of citizens............................   225
                Not to abridge suffrage for race, color...............   235
                Not to deprive any person of life, liberty, or
                    property unlawfully, or deny equal protection of
                    the laws..........................................   225
                Privileges and immunities of the citizens of..........   184
                Admission, consolidation, or division of..............   187
                Authority as to militia...............................   133

    [[Page [1359]]]

                Certain claims of, not to be prejudiced by the
                    Constitution......................................   188
                Duties not to be levied by, on commerce by water......   142
                Eighteen-year-old persons and older granted suffrage..   257
                Jurisdiction of bills as to compacts between, in
                    general...........................................   730
                Jurisdiction of compacts between, of waters for
                    irrigation purposes...............................   732
                Jurisdiction of compacts over interstate energy.......   721
                Jurisdiction of matters relating to boundaries........   730
                Necessity of militia for security of..................   209
                No tax or duty on articles exported from..............   141
                Not to pay any debt incurred in aiding insurrection or
                    rebellion.........................................   234
                Officers of, bound by oath to support the Constitution   196
                One not to enter into agreement or compact with
                    another except on condition.......................   148
                Ports of, not to be given preferences.................   142
                Power of Congress to regulate commerce among..........   119
                Power of Congress over places purchased with consent
                    of................................................   134
                Powers of, as to migration or importation of persons..   137
    Powers of, as to treaties, alliances, confederations, and other
    functions, limited.............................................. 146-148
                Powers reserved to, by the Constitution...............   217
                Qualifications of officers as to loyalty..............   232
                Relations of, as to fugitives from service or labor...   186
                United States to guarantee republican form of
                    government and protect from invasion and domestic
                    violence..........................................   189
    Stationery.
            Clerk formerly furnished..................................   642
            Clerk formerly kept accounts of Members and Delegates as
                to....................................................   642
            For Members...............................................    88
    Statistics.
            Jurisdiction of bills relating to, generally..............   723
            Jurisdiction of matters relating to labor.................   720
    Statuary.
            Jurisdiction as to........................................   724
    Statutes.
            Revision of, jurisdiction as to...........................   730
    Statutory limit on public debt.
            Rule providing for........................................  1104
    Stenographers.
            Admission of unofficial...................................   693
            Of Committees, appointment of.............................   685
            Official reporters of debates.............................   685

    [[Page [1360]]]

    Strike out enacting words.
            Rule governing motions to.................................   988
            Practice as to use of motions to..........................   989
    Strike out, motion to.
            Application of............................................   472
            Conditions of striking out an amendment already agreed to.   474
            Effect of affirmative vote on motion to, and insert.......   473
            Federal unfunded mandate..................................   991
            Motion to strike out and insert not divisible.............   920
            Negative decision of, not bar to further amendment........   920
            Perfecting before voting on...............................   469
            Practice of Parliament and the House as to................   468
            Priority of perfecting amendments over....................   456
            Repetition of the motion to, and insert...................   471
    Subcommittees.  See also Committees.
            Limited number may be established.........................   762
            May authorize and issue subpoenas.........................   805
            Oversight function of.....................................   743
            Staff for.................................................   767
            Subject to full committee control.........................   787
    Subjects.
            Of foreign states, limitations on suits of, against States   218
            Judicial power extends to cases affecting those of foreign
                states................................................   178
    Subpoenas.
            Clerk seals and attests all...............................   648
            From courts for papers of House........................ 291, 697
            Issue of, during recess of Congress.......................   342
            Procedure for response to subpoenas.......................   697
            Signed by Speaker...................................... 624, 626
            Standing committees and their subcommittees may issue.....   805
            Authorizing and signing committee subpoenas...............   805
    Substantive propositions.
            As related to division of the question................. 919, 921
    Substitute amendment.
            Amendment of..............................................   923
            As to division of.........................................   920
            Rule as to offering of....................................   922
            Time of offering in ``House as in Committee of the Whole''   427
    Suffrage.
            Abridgment of a cause of reduction of representation......   226
            Of States in the Senate...................................   190
            Right to, not to be abridged for race, color, or sex... 234, 236
            Right to, not to be abridged by poll tax..................   251
    Suits.
            As to jury trial for those at common law..................   214

    [[Page [1361]]]

            Limitation of judicial power in cases of law or equity....   219
    Summons.
            Writ of, in an impeachment............................. 608, 611
    Sunday.
            Not taken into account in adjournment for three days or
                less..................................................    83
            Excepted from the ten-day limit as to bills presented to
                President.............................................   111
            When inauguration day falls on............................   150
    Sundry civil expenses.
            Jurisdiction of appropriations for........................   716
    Supplemental budget.
            Transmittal of............................................   169
    Supreme Court.
            Admission to Floor,  see Floor.
            Gallery for,  see Galleries.
            Judges of.................................................   682
            Jurisdiction of...........................................   179
            Repository of judicial power..............................   177
            Tenure and compensation of judges of......................   177
    Suspension.
            Of writ of habeas corpus..................................   138
    Suspension of rules.
            Consideration of..........................................  886a
            Consideration on certain suspension days of former Consent
                Calendar..............................................   899
            If quorum not present when former vote on ordering second
                taken by tellers, vote then had under call of the
                House by yeas and nays................................   889
            Motion for, as unfinished business........................   879
            Motion for, entertained after yeas and nays are demanded..    80
            Nature of the motion......................................   886
            One motion to adjourn in order pending....................   890
            Postponement of votes until designated time...............  1030
            Precedence of the motion..................................   887
            Recognition by Speaker for motion on......................   956
            Rule governing the motion for.............................   885
            Rule relating to admission to the floor not to be
                suspended.............................................   678
            Formerly, second required.................................   889
            Speaker not to entertain motion to suspend rule relating
                to use of the Hall of the House.......................   677
            When in order.............................................   885
            Withdrawal of......................................... 889a, 905
            Forty minutes of debate on motions on.....................   891

    [[Page [1362]]]

    Table.
            Speaker's.
    Rule for disposition of business on............................ 873, 874
                Business on, place in daily order.....................   869
            Clerk's.
                No Member to remain near, during voting...............   962
                Members not to take papers from, or write there during
                    debate............................................   364
                Papers on, not to go from Clerk's custody.............   352
                Laying of adverse reports on..........................   832
            Motion to lay on the.  See Lay on the table.
    Taking down words.
            Parliamentary law as to...................... 368, 369, 960, 961
    Taxes and Tariffs.
            Capitation or direct, to be proportioned to census........   140
            Committees not having jurisdiction of, may not report a
                tax or tariff.........................................  1066
            Amendments to bills reported, may not carry...............  1066
            Former dynamic estimate of changes in revenues............   849
            Exempt foundations and trusts, jurisdiction over..........   741
            Export taxes prohibited...................................   141
            Income taxes..............................................   235
            Limitation on rights of States to impose duties... 142, 147, 148
            Old apportionment of......................................    14
            On persons migrating or imported..........................   137
            Point of order against certain bills and amendments
                carrying........................................ 1066, 1076a
            Power of Congress to lay and collect......................   117
            To be uniform.............................................   117
            Propositions for, considered in Committee of the Whole....   973
            Formerly, report on ``major'' tax legislation may include
                ``dynamic estimate''..................................   849
            Report on tax proposal must include ``macroeconomic
                analysis''............................................   849
            Retroactive income tax rates prohibited...................  1068
            Tax complexity analysis............................... 849, 1092
            Vote on measures raising income tax rates............ 1033, 1067
    Technology Assessment.
            Office of.................................................  1121
    Televising.
            Committee meetings and hearings......................... 807-812
            House proceeding..........................................   684
    Tellers.
            Clerk tellers.
    Clerks to serve as, on quorum calls and recorded votes....... 1012, 1019
                Rule and practice.....................................  1012

    [[Page [1363]]]

                Appointment of........................................  1012
                Chair may be counted on a vote by.....................   631
                Demand for, may be held dilatory......................   903
                May be demanded after refusal of yeas and nays........    80
                May not be ordered to verify count of quorum..........    54
                Ordered by a fifth of a quorum........................  1012
    Rule and practice as to voting by.................................. 1012
            Generally.
                Appointment of, for electoral count...................   220
                Clerk appoints, for election of Speaker...............   312
                Former demand for and vote by.........................  1012
                Former duty of Member to serve as teller..............  1013
                Formerly motion to suspend the rules seconded on vote
                    by................................................   889
                Messages not received during vote by..................   562
                Rectification of error after report of................   503
                Relation of, to point as to quorum....................    54
                Sometimes used in ordering yeas and nays..............   504
                Yeas and nays may be demanded during vote by..........    77
    Ten days.
            Limit as to bills presented to President..................   111
    Tender, legal.
            States restricted as to making............................   146
    Term.
            Beginning of President's term.......................... 150, 241
            Of Congress...............................................     6
            Of Member elected to fill vacancy.........................    25
            Of President of the United States...................... 149, 281
            Of Representatives........................................  5, 6
            Of Senators...............................................    32
            Of Speaker (former term limit) and other officers...... 26, 635a
            Of Speaker expires with the Congress......................   643
            Of two years for appropriations for armies................   171
    Territories.
            Jurisdiction of matters relating to boundaries of.........   730
            Jurisdiction of matters relating to courts of.............   730
            Jurisdiction of matters relating to generally.............   732
            Power of Congress to make rules and regulations concerning   188
            Privilege of Delegates from,  see Delegates.
    Testimony.
            Methods of taking, by the House and committees......... 341-348,
                                                          798, 800, 802, 803
            Power of the House to compel..............................   295
            Procedure when it implicates a Member of the other House,
                see Witnesses.

    [[Page [1364]]]

            Quorum to receive,  see Witnesses.
            Required to secure conviction for treason.................   181
            Witnesses before committees,  see Witnesses.
    Tests.
            Of strength usually taken first on the engrossment of a
                bill..................................................   429
            Of strength may be taken before bill is amended...........   430
            Religious, not required for office under United States....   196
    Text of a bill.
            House and not Speaker passes on questions relating to that
                to which both Houses have agreed......................   466
            Perfection of, before striking out or agreeing............   456
            That to which both Houses have agreed not to be changed by
                either House alone or by the conference...............   527
    Thanks.
            Of Congress, persons receiving, admitted to the floor.....   678
    Third reading of a bill.
            Amendments before.........................................   497
            Committal of a bill on....................................   494
            Debate in relation to.....................................   498
            Obsolete parliamentary law as to, of bills................   493
            Obsolete requirements as to reading and passage of bills
                                                                    492, 943
            Question on, and procedure............................. 941, 943
    Three days.  See Adjournment; Committees; Conferences.
    Tie vote.
            Decision on...............................................   508
            In Subcommittee on Administrative Oversight...............   744
            Question lost on..........................................   631
            Speaker's vote in case of............................. 631, 1015
            Vote of Vice President in case of.........................    36
    Time.
            Of adjournment, power of President as to..................   171
            Amendments, filling blanks as to..........................   475
    Times of elections.
            Regulation of.............................................42, 43
    Titles.
            Of bills.
                Amendment of..........................................   922
                Amendment of in ``House as in Committee of the Whole''   427
                Endorsement of, on an engrossed bill..................   431
                Of reported bills entered in Journal and Record.......   831
                Parliamentary law as to amendment of title to a bill..   512
                Power of a committee as to............................   411
            Of Journals.
                Of Journal............................................    69

    [[Page [1365]]]

            Of nobility.
    Conditions on acceptance of, from foreign sources.............. 144, 145
                No State to grant.....................................   146
    None to be accepted by officers of United States............... 144, 145
    None to be granted............................................. 144, 145
    Tonnage.
            States not to levy duties on..............................   148
    Tort claims.
            Bills for certain, banned.................................   822
    Trade, expedited procedures with respect to.
            Termination of Cuban economic embargo.................. 1130(28)
            U.S. participation in the WTO.......................... 1130(26)
            Under the Trade Act of 1974............................ 1130(11)
    Trademarks.
            Jurisdiction of bills relating to.........................   730
    Trading with the enemy.
            Jurisdiction over subjects related to.....................   729
    Transfers of unexpended balances.
            Jurisdiction of subjects related to.......................   716
            Separate headings for in certain bills and reports........   716
    Transportation and Infrastructure, Committee on.
            History, jurisdiction, and duties of......................   739
    Transposition.
            Obligation limitations....................................  1064
            Aviation programs, funding for............................ 1064a
            Of portions of a bill by motion to amend..................   477
    Travel.
            Of Members and employees.
                By retiring or defeated Members following sine die
                    adjournment.......................................  1098
                Use of committee funds for travel.....................   769
                Use by committees of foreign currencies owned by the
                    United States.....................................   769
                Reports by committees on use of foreign currencies....   770
                Expense resolutions for committee travel..............  1098
                Speaker may designate Members, officers, and employees
                    to travel on official business of the House, on
                    vouchers approved by him..........................   636
            Generally.
                Travel and tourism, jurisdiction over subjects related
                    to................................................   721
    Treason.
            An impeachable offense....................................   173
            Aid to enemies of the United States..................... 81, 230
            Definition of.............................................   181
            Extradition for...........................................   185

    [[Page [1366]]]

            Power of Congress to declare the punishment of............   181
            Relations of privilege to case of.........................   305
            Senators and Representatives not privileged from arrest
                for...................................................    90
            Testimony for conviction of...............................   181
    Treasurer of the United States.
            Disburses pay of Members in certain cases.................    86
    Treasury.
            Compensation of Representatives and Senators paid out of..    85
            Duties and imposts on imports or exports levied by States
                to go to..............................................   147
            Money not to be drawn from, except on appropriation.......   143
            Jurisdiction as to subjects relating to...................   741
    Treaties.
            Abrogated by law..........................................   599
            Authority of the House as to revenue......................   596
            Authority of the House as to, in general..................   596
            Authority of the House as to, does not give rise to
                question of privilege.................................   702
            General action of the House as to.........................   595
            General nature of.........................................   593
            House approves Indian.....................................   598
            Jefferson's discussion of, under the Constitution.........   594
            Judicial power extends to cases arising under.............   178
            Jurisdiction of those relating to revenue.................   741
            President makes, with concurrence of Senate...............   165
            Procedure of the Senate as to.............................   600
            States not to make........................................   146
            Supreme law of the land...................................   195
    Treaty rights.
            Jurisdiction as to bills relating to......................   729
    Trial.
            At bar of House for contempts.............................   344
            By jury in suits at common law............................   214
            For capital or infamous crimes............................   212
            For crimes to be in State where committed or where
                Congress may direct...................................   180
            Of crimes to be by jury, except in cases of impeachment...   180
            Persons not to be put twice in jeopardy...................   212
            Rights as to, in criminal prosecutions....................   213
    Tribunals.
            Congress to constitute inferior...........................   125
    Troops.
            States not to keep, in time of peace......................   148
    Trust.
            No one holding office of, to accept certain gifts...... 144, 145

    [[Page [1367]]]

            Public, no religious test required for under United States   196
    Trust funds.
            Jurisdiction of subjects relating to......................   741
    Trusts.
            Jurisdiction of subjects relating to......................   730
    Tuesday.
            Interruption of regular order on the first and third
                Tuesdays for consideration of the Private Calendar....   895
            Motions to suspend rules on...............................   885
            Corrections Calendar called on second and fourth..........   898
    Twenty-minutes' debate.
            On certain motions to discharge committees................   892
    Two-thirds vote.  See Voting.
    Two weeks.
            Last, of session, rule for Calendar Wednesday not to apply
                to....................................................   900
    Unanimous consent.
            Amendments between Houses considered by...................  528a
            Former calendar for bills to be considered by.............   899
            Consideration in House as in Committee of the Whole by....   424
            Correction of reference of public bills may be made by....   825
            Interruption of the order of business for.................   872
            Ordinary function of Speaker as to recognition of requests
                for................................................ 872, 956
            Practice of Speaker as to recognition of requests for.....   956
            Private claims to be referred to certain committees only
                by....................................................   817
            Request as to admission to the floor not to be entertained   678
            Required for withdrawal of amendment in Committee of the
                Whole.................................................   978
            Reservation of objection to...............................   872
            Right of Member to demand execution of subsisting order.... 381,
                                                                         872
    Unfinished business.
            Rule for considering of...................................   876
            Construction of the rule as to............................   877
            Business in periods set apart for classes of business.....   879
            Private, on Tuesdays......................................   895
            Place of, in daily order of business......................   869
            Postponed votes...........................................  1030
            Priority of, in Committee of the Whole....................   977
            Question of consideration does not recur as...............   907
            Resumption of business of a preceding session of Congress.   814
    Unfunded Mandates.  See Federal mandates.
    Union.
            An object of the Constitution.............................     1
            Execution of laws of......................................   132

    [[Page [1368]]]

            States of, guaranteed republican form of government and
                protection from invasion and domestic violence........   189
    Union Calendar.
            Rule and practice for considering bills on, after call of
                committees......................................... 882, 883
            Bills placed on...........................................   828
            Bills on, considered by unanimous consent in House as in
                Committee of the Whole................................   424
            Bills on, considered on Calendar Wednesday................   900
            Bills from, on Corrections Calendar.................... 829, 898
            Referral of State of the Union message to.................   168
            Removal of bill from by Speaker...........................   973
    United States Capitol Preservation Commission.  See Capitol.
    Unofficial office accounts.
            Prohibited................................................  1096
    Unusual punishments.
            Not to be inflicted.......................................   215
    Urban development.
            Jurisdiction over subjects related to.....................   722
    Usage.
            Governing the Speaker in recognitions.....................   953
    Useless papers.
            Disposition of, jurisdiction..............................   724
    Vacancies.
            In membership of House.
                Accounting for........................................ 1024a
                Clerk administers office..............................   653
                Continuation of pay of clerical assistants............    88
                Declared for holding incompatible offices.............   101
    From action of House............................................ 22, 205
                From death............................................    18
                From declination......................................    20
                From incapacity.......................................   205
                From resignation......................................    19
                From withdrawal.......................................    21
                Functions of State executive as to....................    24
                Governor issues writs to fill.........................    17
                In general............................................ 17-25
                Questions as to existence of..........................    23
                Term of Member elected to.............................    25
            In general.
                In managers of a conference...........................   538
                In Office of Clerk....................................    30

    [[Page [1369]]]

                Of House officers, Speaker may fill temporarily.......   640
    In Office of Speaker............................................ 28, 632
                In Office of Vice President...........................   353
    In Office of President........................... 155, 244-246, 252, 256
                In offices, President to fill, during recess of Senate   167
                In Senate.............................................    34
    On Committees, filling of...................................... 757, 793
    Vacating.
            Of Speaker's signature to enrolled bill...................   625
    Validity.
            Of the public debt not to be questioned...................   234
    Vessels.  See also Ships.
            Appropriations for, as in continuance of a public work....  1051
            Bound from State to State.................................   142
            Jurisdiction of subjects relating to......................   739
            Jurisdiction of bills relating to mutiny and destruction
                of....................................................   730
    Veterans' Affairs, Committee on.
            History, jurisdiction, and duties of......................   740
            Other committees consolidated with........................   740
    Veto.
            Of a bill by the President................................   104
            Consideration and action on vetoed bill in House... 104, 107-109
            Line item veto authority of the President.............. 1130(6b)
            Members answering present not considered in determining
                two-thirds............................................   109
            Two-thirds of those voting, a quorum present, sufficient
                to pass bill..........................................   109
            In order to consider on Calendar Wednesday................   901
            Pocket veto...............................................   112
            Effect of adjournment to day certain as to pocket veto....   113
    Vice President.
            Admitted to the floor of the House........................   678
            Confirmation of President's nominee to fill vacancy.... 253, 256
            Election of............................. 151, 153, 246, 253, 256
            Election of, by the Senate in certain cases............. 221-223
            Limitation on right of electors to vote for............ 219, 220
            May be impeached..........................................   173
            Meeting of electors of, and transmission and count of
                votes for.......................................... 219, 220
            Official duties of President devolve on, in certain cases
                                                          155, 252, 254, 255
            President of Senate with a vote in case of tie............    36
            Presides in certain impeachments..........................  615a

    [[Page [1370]]]

            Qualifications of.........................................   221
            Qualifications of electors, as to loyalty.............. 230, 231
            Removal, death, resignation, or inability of..............   155
            Term of................................................ 150, 241
            To act as President if the House of Representatives fails
                to choose.............................................   221
    Views of minority.
            Signing of................................................   833
            Reference of, to calendars................................   831
            Right to file.............................................   804
    Violence.
            Domestic, States may ask protection from..................   189
    Violent Crime Reduction Trust Fund................................  1128
    Virgin Islands.
            Delegate from, powers and privileges,  see Delegates.
    Visitors to institutions.
            Do not hold incompatible offices..........................    98
    Viva voce vote.
            Rules require officers of House, except Speaker, to be
                elected by............................................   640
            Usage to elect Speaker by............................... 27, 640
    Vocational education.
            Jurisdiction of subjects relating to......................   720
    Votes.
            As to presentation of, to President for approval..........   115
            By which a bill is passed not communicated to the other
                House.................................................   567
            Delegates not to vote in House............................   675
            Delegates and Resident Commissioner, voting in committees
                and formerly in the Committee of the Whole......... 675, 985
            Each Senator to have one..................................    32
            Former de novo votes in House where Delegates' votes
                decisive in Committee of the Whole....................   985
            Methods of recording in Journal...........................72, 75
            Not to be noticed in the other House......................   308
            Of Chief Justice in impeachments..........................  615a
            Of electors of President, giving of.......................   153
            Of Speaker not taken away by rule.........................    59
            Of Speaker ordinarily and in case of tie..................   631
            Of Vice President in case of tie..........................    36
            Of States in the Senate...................................   190
            Recorded vote considered vote by yeas and nays............  1012
            Speaker's authority to postpone...........................  1030
            Transmittal and count of electoral..................... 219, 220
            Transmittal of, of electors of President..................   153

    [[Page [1371]]]

            Yeas and nays entered on Journal by order of one-fifth.... 75-78
            Yeas and nays on vetoed bill entered on Journal...........   104
    Voting.
            Duties and rights of Members, Delegates, and Resident
                Commissioner in.
                Absent Members' votes not announced...................  1031
                Member may demand count of Members to make quorum on
                    record vote.......................................  1020
    Change of a vote........................................ 511, 1014, 1017
    Disqualifying personal interest........................... 376, 671, 673
                Control of vote by Member.............................   672
    Duties and rights of Delegates and Resident Commissioner in
    committees and formerly in Committee of the Whole.............. 675, 985
                Former de novo votes in House where Delegates' votes
                    decisive in Committee of the Whole................   985
                May not authorize any other individual to cast his
                    vote..............................................   674
                Members convicted of certain crimes...................  1095
                Members required to vote..............................   671
                Parliamentary law as to giving of votes...............   505
                Proxy voting in committees prohibited.................   797
    Relation of reading of papers to under former rule XXX......... 964, 965
    Right of Member to have read once a paper on which he is to vote
                                                                    432, 964
                Withdrawal of a vote or correction of error in........  1017
                Right of, to demand a division of House after vote by
                    voice.............................................   501
                Right to demand yeas and nays not to be overruled as
                    dilatory..........................................    77
    When Member involved in the cause of an inquiry................. 321-323
    When Member involved in the course of an inquiry................ 321-323
            Decisions by majority--tie.
                Decision by voice of majority--tie votes..............   508
            Three-fifths vote.
                On measures raising income tax rates..................  1067
                On bills considered on Corrections Calendar...........   898
            Two-thirds vote.
                In general............................................   509
    Calendar Wednesday, to dispense with business on............... 857, 900
    Constitution, on proposed amendments to........................ 190, 192
                Constitution, on amendment of other House to proposed
                    amendment to......................................   192
    Constitution, to agree to conference report on a proposed
    amendment to................................................... 192, 549
                Expulsion, for........................................    62

    [[Page [1372]]]

                Impeachment, for conviction on........................    38
    Political disabilities, to remove.............................. 230, 231
                Private Calendar, to dispense with on first Tuesday
                    each month........................................   895
                Report from Committee on Rules, to consider
                    immediately.......................................   857
    Not required for immediate consideration of certain reports from
    Committee on Rules...................................... 850, 1082, 1083
                Suspension of the rules, on...........................   885
                Treaties, Senate concurs in, by.......................   165
    Veto, to pass bill over a...................................... 104, 109
            By electronic system.
                Use in House..........................................  1014
                Use in Committee of the Whole.........................   982
                Bell and light indications............................  1016
                Procedure when voting system inoperable............... 1014a
            Five-minute votes.
                On postponed questions................................  1030
                On questions in sequence in House.....................  1032
                On questions in sequence in Committee of the Whole....   984
            By sound and by division.
                Division of the House after determination by sound....   501
                Messages not received during vote by division.........   562
                Method of viva voce, and by division..................  1012
                Parliamentary provisions as to division not applicable
                    in the House......................................   502
                Repetition of demand for division.....................  1012
            By recorded vote.  See Recorded vote.
            By tellers.  See Tellers.
                Former rule for voting by.............................  1012
            By yeas and nays.  See Yeas and nays.
            By ballot.
                Rule for..............................................  1034
            On bills, amendments.
                As related to debate on amendment.....................   482
                Former de novo votes in House where Delegates' votes
                    decisive in Committee of the Whole................   985
                On amendments, order and principle of.................   922
                On articles in an impeachment.........................   618
                On several stages and passage of a bill...............   944
                Postponing record votes...............................  1030
                Requirements as to, on a motion to reconsider.........  1008
                Right to debate not precluded until negative is put...   482
                Test of strength may be taken on a bill before
                    amendment.........................................   430
                Test of strength usually made on engrossment of a bill   429

    [[Page [1373]]]

            Division.  See Division.
            In election of officers.
    Electors, Presidential, chosen by ballot....................... 219, 220
                Officers of House, except Speaker.....................   640
                President, House elects, by ballot....................   221
                President, majority required in Electoral College or
                    in House to elect.................................   221
    Speaker......................................................... 27, 312
    Speaker elected by majority..................................... 27, 312
                Vice President, in Senate in choice of................   221
            In general.
                Bell and light system to indicate type of vote........  1016
                Business suspended by failure of a quorum.............   510
                Decisions of points of order during...................   507
                In joint committees...................................   325
                Limitations on presentation of conference report
                    during............................................  1077
                Managers of two Houses vote separately at a conference   548
                Members not to remain by Clerk's desk during..........   962
                Movement of Members during voting.....................   506
                Postponed votes, Speaker's authority..................  1030
                Recording of votes by electronic equipment............  1014
    Right of suffrage not to be abridged for race, color, sex, poll
    tax....................................................... 234, 240, 251
                ``Straw votes'' prohibited............................  1012
    Waiver.  See also Rules.
            Of privilege, not permitted to Members....................   814
    War.
            Declaration of, Congress to make..........................   127
            Quartering of soldiers in houses during...................   210
            States not to engage in, except on conditions.............   148
            Treason to consist of levying of, against United States...   181
            Trial for crimes in forces during.........................   212
            Jurisdiction of bills declaring...........................   729
            Jurisdiction of matters relating to soldiers of the World
                Wars..................................................   740
            Jurisdiction as to pensions arising from..................   740
            Relative powers of Congress and the President...... 128, 1130(2)
    War Claims.
            Jurisdiction of bills relating to.........................   730
    Warrants.
            Clerk seals and attests all...............................   648
            Certain, to issue only on certain conditions..............   246
            For arrest of absent Members......................... 1023, 1026
            Signed by Speaker...................................... 624, 626
    Warships.
            Not to be kept by States in time of peace.................   148

    [[Page [1374]]]

    Water.
            Jurisdiction of matters relating to common carriers by....   739
            Jurisdiction over water transportation generally..........   739
            Jurisdiction of matters relating to water power...........   739
            Jurisdiction of matters relating to supply of, for
                reclamation projects..................................   732
            Jurisdiction of matters relating to interstate compacts
                relating to apportionment of, for irrigation purposes.   732
            Jurisdiction of water conservation related to agriculture.   715
    Waterways, inland.
            Jurisdiction of matters relating to.......................   739
    Ways and Means, Committee on.
            Exempted from former rule proscribing committee sittings
                during five-minute rule...............................   801
            History and jurisdiction of...............................   741
            Report from on ``major'' tax legislation formerly included
                ``dynamic estimate''..................................   849
            Report on tax proposal must include ``macroeconomic
                analysis''............................................   849
    Weather Service, national.
            Jurisdiction over subjects related to.....................   735
    Wednesday, Calendar.
            Rule for order of business on.............................   900
            Business of, protected by two-thirds vote.................   857
            In order to consider a veto message of the President......   901
            One committee can only occupy one day except to dispose of
                unfinished business...................................   901
            Previous question ordered, bill undisposed of on Tuesday,
                goes over until Thursday..............................   901
            Privilege of general appropriation bills limited on.... 856, 900
    Weights.
            Congress to fix standard of...............................   121
            Jurisdiction of subjects relating to......................   735
    Welfare, general.
            An object of the Constitution.............................     1
            Power of Congress to provide for..........................   117
    Welfare of miners.
            Jurisdiction of matters relating to.......................   720
    Wildlife.
            Jurisdiction of matters relating to conservation of.......   732
    Withdrawal.
            Of motions, votes.
    Of motions generally...................................... 392, 904, 905
                Parliamentary law of as to motions....................   460
                Amendment reported from Committee of the Whole not
                    subject to........................................   335

    [[Page [1375]]]

    Of motion to amend............................................. 922, 925
    Of motion to amend in Committee of the Whole........................ 978
                Of motion to amend in ``House as in Committee of the
                    Whole''...........................................   427
                Of motion to reconsider...............................  1003
                Of motion to suspend the rules........................   889
                Of point of no quorum.................................    55
                Of vote...............................................  1017
            Of Members, resignations, papers.
                By President of paper accompanying a message..........   571
                Of a Member...........................................    22
    Of Member when a matter concerning himself arises.............. 375, 376
                Of papers from files..................................   696
                Of resignation not permitted..........................    19
                Of witnesses, counsel, and parties during examination
                    at bar of the House...............................   343
    Witnesses.
            Members as.
                Members as witnesses..................................   346
                Method of obtaining testimony of a Member of the other
                    House.............................................   347
                Power of one House to summon Members or officers of
                    the other.........................................   292
    Privilege of Members of Congress as to summons as.............. 290, 292
                Privilege of Members of Parliament not to be summoned
                    as................................................   287
            In examinations by the House.
    Administration of oaths to................................ 343, 346, 805
    Admission of counsel in........................................ 348, 803
                Arraignment of contumacious...........................   344
                Earlier and later practice as to inquiries at the bar
                    of the House......................................   344
                Examination of, in the House and in committee.........   343
                Immunity of...........................................   343
                Pay of................................................   813
                Power of the House to compel testimony................   295
                Procuring attendance of, when in custody of the other
                    House.............................................   345
                The production of, at an inquiry......................   342
            Before committees.
                Committee rules to be furnished to....................   803
                Minority..............................................   802
    Interrogation of.......................................... 343, 802, 803

    [[Page [1376]]]

                ``Truth in testimony,'' curriculum vitae and
                    disclosure statements.............................   798
    Testimony, advance statements of............................... 798, 803
    Quorum must be present when perjurious testimony is given to
    support charge of perjury............................ 343, 409, 800, 803
            In criminal cases.
                Compulsory process for obtaining......................   213
                Examination of, in an impeachment.....................   614
                Necessary to convict for treason......................   181
                No person to be against self in criminal case.........   212
                Right to confront, in criminal prosecutions...........   213
    Words taken down.
            Procedure in case of................................... 960, 961
            Parliamentary procedure in taking down disorderly...... 368, 369
    Work incentive programs.
            Jurisdiction over subjects related to.....................   720
    Works, public.  See Public works.
    Writing.
            By Members at the Clerk's table during debate forbidden...   364
            Motion reduced to, on demand of a Member..................   902
            Reports of committees to be in............................   833
    Writings.
            Congress may provide exclusive rights to..................   124
    Writs.
            Signed by Speaker...................................... 624, 626
            Clerk seals and attests all...............................   648
            Of election to fill vacancies.............................    17
            Of habeas corpus, suspension of...........................   138
            Of summonses in an impeachment......................... 608, 611
    Yachts.
            Jurisdiction of bills relating to.........................   739
    Yeas and nays.
            Automatically ordered.
                On measures making general appropriations and
                    increasing income tax rates.......................  1033
                On measures making general appropriations and
                    increasing income tax rates.......................  1093
                Measures vetoed by the President......................   104
            Demanding and ordering.
    Conditions of ordering.......................................... 76, 504
                Demanding of..........................................    77
                Demand for, not to be held dilatory...................   903
                Effect of the order of................................    80
                In order in ``House as in Committee of the Whole''....   427

    [[Page [1377]]]

                Less than quorum may order............................    76
                One-fifth may order entry of, on Journal..............75, 78
                Ordered during call of the House......................  1019
                Reconsideration of the ordering of....................    79
                Vacating order for....................................    76
            Voting by.
    By the Speaker................................................ 631, 1015
                Changes and corrections of votes......................  1017
                Combining the yea-and-nay vote with a call of the
                    House.............................................  1025
                Count of those not voting to make a quorum of record
                    on a record vote..................................  1020
                Failure of quorum on, to be noticed...................    76
                General provisions as to voting by....................   504
                In committees on amendments and motions to report a
                    bill, vote totals and names included in report....   839
                Interruptions of the record vote......................  1018
                Messages received during vote by......................   562
                Method of call of the roll for the yea-and-nay vote...  1015
                Names of Members not entered on roll for, until sworn.   300
                Not to be interrupted by arrival of time for a recess.   586
                Not to be interrupted by conference report............  1077
                Qualifying in order to vote...........................  1015
                Recorded vote considered vote by......................  1012
                Use of electronic device to record....................  1014
    Yielding.
            Of Member having floor for motions or questions...........   946
            Of time not permitted under five-minute debate............   980
    Zoological Park.
            Jurisdiction of subjects relating to......................   739

    [[Page 1379]]

                                   HOUSE RULES

                                   AND MANUAL

    ________________________________________________________________________

                               One Hundred Eighth
                                    Congress

    [[Page 1381]]

                            ==============================================================
     ____________________________________________________________            ==============================================================

                                        CONSTITUTION

                ____________________________________________________________

                                         JEFFERSON'S

                                           MANUAL

                ____________________________________________________________

                                            RULES

                                             AND

                                          PRACTICE

                                          HOUSE OF

                                       REPRESENTATIVES

                ____________________________________________________________

                ____________________________________________________________

                                       108th CONGRESS

                            ==============================================================
     ____________________________________________________________            ==============================================================

    [[Page 1383]]

    [[Page 1384]]

    [[Page 1385]]

    [[Page 1387]]

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     ____________________________________________________________            ==============================================================

                                        CONSTITUTION

                ____________________________________________________________

                                         JEFFERSON'S

                                           MANUAL

                ____________________________________________________________

                                            RULES

                                             AND

                                          PRACTICE

                                          HOUSE OF

                                       REPRESENTATIVES

                ____________________________________________________________

                                       108th CONGRESS

                            ==============================================================
                ____________________________________________________________            ==============================================================

    [[Page 1389]]]

    107th Congress, 2d Session -  -  -  -  -  -  -  - House Document No. 107-284

    ____________________________________________________________________________

                                  CONSTITUTION

                               JEFFERSON'S MANUAL

                                       AND

                              RULES OF THE HOUSE OF

                                 REPRESENTATIVES

                              OF THE UNITED STATES

                           ONE HUNDRED EIGHTH CONGRESS

                               CHARLES W. JOHNSON

                                 PARLIAMENTARIAN

    [[Page 1390]]]

                      CONSTITUTION, JEFFERSON'S MANUAL, AND

                      RULES OF THE HOUSE OF REPRESENTATIVES