[House Document 110-162]
[From the U.S. Government Publishing Office]




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[DOCID:hd162-1]                         
 
110th Congress, 2d Session -  -  -  -  -  - - House Document No. 110-162

________________________________________________________________________

                              CONSTITUTION

                           JEFFERSON'S MANUAL

                                   AND

                          RULES OF THE HOUSE OF

                             REPRESENTATIVES

                          OF THE UNITED STATES

                      ONE HUNDRED ELEVENTH CONGRESS

                            JOHN V. SULLIVAN

                             PARLIAMENTARIAN

[GRAPHIC] [TIFF OMITTED] TONGRESS.#13


                     U.S. GOVERNMENT PRINTING OFFICE

            50-600

            WASHINGTON : 2009

________________________________________________________________________

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

                          Washington, DC 20402


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                          HOUSE RESOLUTION 1513

                            In the House of Representatives, U.S.,      
                                                   September 27, 2008.  
    Resolved, That a revised edition of the Rules and Manual of the 
House of Representatives for the One Hundred Eleventh 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:
                                               Lorraine C. Miller,      
                                                                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 Eleventh Congress were adopted on 
January 6, 2009, 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 Eleventh 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 111th Congress included:
    (1) modification of the audit responsibilities of the Inspector 
General (clause 6(c) of rule II);
    (2) enhancement of the oversight jurisdiction of the Committee on 
Homeland Security (clause 3(g) of rule X);
    (3) oversight of the services of the Architect of the Capitol by the 
Committee on House Administration (clause 4(d) of rule X);
    (4) elimination of committee chair tenure limitation generally, with 
exceptional treatment for the Committee on the Budget (clause 5 of rule 
X);
    (5) requirement for committees to request their call on Calendar 
Wednesday, and elimination of the restriction on the ability of the 
Committee on Rules to report a rule dispensing with the call (clause 6 
of rule XV; clause 6 of rule XIII);

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    (6) authority for the Chair to postpone proceedings notwithstanding 
the operation of the previous question pursuant to a special order of 
business (clause 1 of rule XIX);
    (7) restriction on permissible instructions in a motion to recommit 
to those proposing an amendment or amendments reported forthwith, and 
rendering certain motions to recommit without instructions debatable 
(clause 2 of rule XIX);
    (8) repeal of policy on holding electronic votes open for the sole 
purpose of reversing the outcome of such votes (clause 2(a) of rule XX);
    (9) prohibition against the consideration of general appropriation 
conference reports in the absence of proper disclosure of congressional 
earmarks, limited tax benefits, or limited tariff benefits, and against 
consideration of a rule or order waiving such prohibition (clause 9 of 
rule XXI);
    (10) with regard to the prohibition on consideration of certain 
measures containing direct spending and revenues reducing a surplus or 
increasing a deficit, (1) modification of the pertinent time periods for 
calculating such effect, (2) cumulation of such calculation in the case 
of a special order of business combining in one engrossment separately-
passed measures, and (3) exclusion from such calculation of certain 
emergency items (clause 10 of rule XXI); and
    (11) application to all Members of the requirement to disclose 
certain employment negotiations (clause 1 of rule XXVII).
    In addition to the amendments cited above, gender-based references 
throughout the standing rules were eliminated or replaced with gender-
neutral language (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _), clause 2 of 
rule XI was amended to require committees to hold certain hearings 
regarding waste, fraud, or abuse in certain federal programs, and clause 
1(d)(3) of rule XI was amended to require committee activity reports to 
include such hearings (H. Res. 40, 111th Cong., Jan. 14, 2009, p. _), 
and clause 11(a)(1) of rule X was amended to increase the size and ratio 
of the Permanent Select Committee on Intelligence (H. Res. 97, 111th 
Cong., Jan. 28, 2009, p. _).
    Citations in this edition refer to:
    (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

[[Page [vii]]]

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 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.
    All of the members of the Office of the Parliamentarian -- Tom 
Wickham, Ethan Lauer, Carrie Wolf, Max Spitzer, Jay Smith, Liz 
Woodworth, Gay Topper, Brian Cooper, Lloyd Jenkins, and Monica 
Rodriguez, as well as Charles Johnson, Bob Cover, Deborah Khalili, Bryan 
Feldblum, and Andrew Neal -- worked diligently to annotate the decisions 
of the Chair and other parliamentary precedents of the 110th Congress 
and of the 111th Congress to the date of publication of this edition. 
Their contributions, and their devotion to the pursuit of excellence in 
the procedural practices of the House, are gratefully acknowledged. 
Particular appreciation goes to Ethan Lauer for his initiative and 
resourcefulness in managing the project and to Tom Wickham for his 
operational leadership.
    It is appropriate from time to time to express gratitude for the 
wealth of recorded precedent that guides the procedural practices of the 
House. Although the continual refinement of written rules and the 
endless ingenuity of legislative practitioners yield questions of first 
impression more frequently than one might expect, even more remarkable 
is how regularly the right answer to a procedural question is readily 
supplied in the work of our predecessors in compiling the parliamentary 
precedents of the

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House: Asher Hinds, Clarence Cannon, Lewis Deschler, William Holmes 
Brown, and Charles Johnson.

                                                      John V. Sullivan  
  June 16, 2009



[[Page [ix]]]



                             C O N T E N T S

                               __________

                            THE CONSTITUTION
                                                                    Page
Preamble..........................................................     3
            Article I.--The legislative power.....................     4
                   II.--The executive power.......................    65
                  III.--The judicial power........................    77
                   IV.--Obligations, duties, etc., of the States..    79
                    V.--Amendments to.............................    81
                   VI.--Law of the land, etc......................    83
                  VII.--Ratification of...........................    87
                        Amendments ratified.......................    90
                           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...................................   149
                    X.--Address...................................   151
                   XI.--Committees................................   152
                  XII.--Committee of the Whole....................   155
                 XIII.--Examination of witnesses..................   164
                  XIV.--Arrangement of business...................   169
                   XV.--Order.....................................   171
                  XVI.--Order respecting papers...................   171
                 XVII.--Order in debate...........................   172
                XVIII.--Orders of the House.......................   193
                  XIX.--Petition..................................   197
                   XX.--Motion....................................   198
                  XXI.--Resolutions...............................   199
                XXIII.--Bills, leave to bring in..................   201
                 XXIV.--Bills, first reading......................   201
                  XXV.--Bills, second reading.....................   202
                 XXVI.--Bills, commitment.........................   203
                XXVII.--Report of committee.......................   213

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                                                                    Page
       Section XXVIII.--Bill, recommitment........................   214
                 XXIX.--Bills, reports taken up...................   216
                  XXX.--Quasi-committee...........................   217
                 XXXI.--Bill, second reading in the House.........   221
                XXXII.--Reading papers............................   223
               XXXIII.--Privileged questions......................   225
                XXXIV.--The previous question.....................   238
                 XXXV.--Amendments................................   240
                XXXVI.--Division of the question..................   249
               XXXVII.--Coexisting questions......................   252
              XXXVIII.--Equivalent questions......................   253
                XXXIX.--The question..............................   255
                   XL.--Bills, third reading......................   256
                  XLI.--Division of the House.....................   260
                 XLII.--Titles....................................   266
                XLIII.--Reconsideration...........................   266
                 XLIV.--Bills sent to the other House.............   269
                  XLV.--Amendments between the Houses.............   270
                 XLVI.--Conferences...............................   280
                XLVII.--Messages..................................   293
               XLVIII.--Assent....................................   298
                 XLIX.--Journals..................................   300
                    L.--Adjournment...............................   302
                   LI.--A session.................................   304
                  LII.--Treaties..................................   307
                 LIII.--Impeachment...............................   311
                           RULES OF THE HOUSE
               Rule I.--The Speaker...............................   331
                   II.--Other Officers and Officials..............   352
                  III.--The Members, Delegates, and Resident 
                        Commissioner of Puerto Rico...............   372
                   IV.--The Hall of the House.....................   376
                    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................   426
                   XI.--Procedures of Committees and Unfinished 
                        Business..................................   537
                  XII.--Receipt and Referral of Measures and 
                        Matters...................................   603
                 XIII.--Calendars and Committee Reports...........   617
                  XIV.--Order and Priority of Business............   651
                   XV.--Business in Order on Special Days.........   662

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                                                                    Page
             Rule XVI.--Motions and Amendments....................   681
                 XVII.--Decorum and Debate........................   734
                XVIII.--The Committee of the Whole House on the 
                        state of the Union........................   762
                  XIX.--Motions Following the Amendment Stage.....   791
                   XX.--Voting and Quorum Calls...................   806
                  XXI.--Restrictions on Certain Bills.............   836
                 XXII.--House and Senate Relations................   891
                XXIII.--Code of Official Conduct..................   918
                 XXIV.--Limitations on Use of Official Funds......   929
                  XXV.--Limitations on Outside Earned Income and 
                        Acceptance of Gifts.......................   933
                 XXVI.--Financial Disclosure......................   962
                XXVII.--Disclosure by Members and Staff of 
                        Employment Negotiations...................   987
               XXVIII.--Statutory Limit on Public Debt............   988
                 XXIX.--General Provisions........................   991
Provisions of Legislative Reorganization Act of 1946, as Amended by the 
    Legislative Reorganization Act of 1970, Applicable to Both Houses
Congressional adjournment.........................................   995
Preservation of committee hearings................................   996
                       Joint and Select Committees
Economic Committee, Joint.........................................   997
Internal Revenue Taxation, Joint Committee on.....................   997
Library, Joint Committee of Congress on the.......................   998
Printing, Joint Committee on......................................   998
Inaugural Ceremonies, Joint Congressional Committee on............   998
Select committees.................................................   998
                     House and Congressional Offices
House Commission on Congressional Mailing Standards...............  1001
House Office Building Commission..................................  1001
Government Accountability Office..................................  1001
Office of Compliance..............................................  1001
Congressional Research Service....................................  1002
Legislative Counsel...............................................  1002
Congressional Budget Office.......................................  1002
Law Revision Counsel..............................................  1002
Technology Assessment.............................................  1002
Office of the Parliamentarian.....................................  1002
Office of Floor Assistants........................................  1003

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                                                                    Page
Office of Interparliamentary Affairs..............................  1003
House Recording Studio............................................  1003
United States Capitol Preservation Commission.....................  1003
Office of General Counsel.........................................  1003
Office of Emergency Planning, Preparedness, and Operations........  1004
Office of Attending Physician.....................................  1004
Office of Architect of the Capitol................................  1004
House Democracy Assistance Commission.............................  1004
Tom Lantos Human Rights Commission................................  1004
Office of Congressional Ethics....................................  1005
Early organization of the House...................................  1007
          Miscellaneous Provisions of Congressional Budget Laws
Congressional Budget Act of 1974..................................  1013
Budget Enforcement Act of 1990....................................  1091
                  Legislative Procedures Enacted in Law
Measures privileged for consideration in House....................  1097
                                  Index
Index.............................................................  1269


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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.

Every Tuesday:

              Motions to suspend rules. Rule XV, clause 1.

                               Wednesdays

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

Every Wednesday:

              Motions to suspend rules. Rule XV, clause 1.


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[DOCID:hd162-2]                         
========================================================================

                              CONSTITUTION

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

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                               __________

  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, 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, 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.





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[DOCID:hd162-3]                         

                               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 (1880); 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, 394 U.S. 526 (1969). 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 
March 4, 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 resolution

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fixing the daily hour of meeting is agreed to at the beginning of each 
session.
  Before 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, if a state of war exists 
pursuant to a congressional declaration or if, 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. 1106, 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, * * *.


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  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 before 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). In Powell v. McCormack, 395 U.S. 486 (1969), the 
Supreme 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. Thornton, 514 
U.S. 779 (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 reasonable 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, 60 U.S. (19 How.) 
393 (1857); Veazie Bank v. Fenno, 75 U.S. (8 Wall.) 533 (1869); Scholey 
v. Rew, 90 U.S. (23 Wall.) 331 (1874); De Treville v. Smalls, 98 U.S. 
517 (1878); Gibbons v. District of Columbia, 116 U.S. 404 (1886); 
Pollock v. Farmers Loan & Trust Co. (Income Tax case), 157 U.S. 429 
(1895); Pollock v. Farmers' Loan & Trust Co. (Rehearing), 158 U.S. 601 
(1895); Thomas v. United States, 192 U.S. 363 (1904); Flint v. Stone 
Tracy Co. (Corporation Tax cases), 220 U.S. 107 (1911); Eisner v. 
Macomber, 252 U.S. 189 (1920); New York Trust Co. v. Eisner, 256 U.S. 
345 (1921); 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. When a vacancy occurs, or when a new Member is sworn, 
the Speaker announces the resulting adjustment in the whole number of 
the House pursuant to clause 5(d) of rule XX (see Sec. 1024b, infra). 
Clause 5(c) of rule XX permits the House to operate with a provisional 
number of the House if the House is without a quorum due to catastrophic 
circumstances (see Sec. 1024a, infra). In extraordinary circumstances, 
section 8 of title 2, United States Code, prescribes special election 
rules to expedite the filling of vacancies in representation of the 
House.

[[Page [10]]]

  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 it is now the practice 
for State authorities to take cognizance of the vacancies without 
notice. When a Member dies while not in attendance in the House or 
during a recess, the House is sufficiently informed of the vacancy by 
the credentials of the 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 (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 having 
died, 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 informs the House by letter that a resignation has been sent to 
the State executive (II, 1167-1176) and this is satisfactory evidence of 
the resignation (I, 567). Both a letter to the Speaker and a copy of the 
letter to the State executive are laid before the House. However, 
Members have resigned by letter to the House alone, it being presumed 
that the Member would also notify the 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). If a Member does not inform the House, the State 
executive may do so (II, 1193, 1194; VI, 232). The House has learned of 
a Member's resignation by means of the credentials of the successor (II, 
1195, 1356). Where the fact of a Member's resignation has not appeared 
either from the credentials of the 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 select a future 
date for a resignation to take effect and, until the arrival of that 
date, participate in the proceedings (II, 1220-1225, 1228, 1229; VI, 
227, 228; Dec. 15, 1997, p. 26709; June 5, 2001, p. 9882; Nov. 27, 2001, 
p. 23006; Jan. 27, 2003, pp. 1750, 1751). It has been possible even for 
a Member

[[Page [11]]]

to resign a seat in the House to be effective on a date following the 
anticipated date of a special election that might fill the vacancy 
thereby created (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. For examples of resignation letters indicating that the State 
executive took cognizance of a prospective resignation, see January 8, 
1952, (p. 14) (New York); July 9, 1991, (p. 17301) (Virginia); June 5, 
2001, (p. 9882) (Florida), and Jan. 27, 2003, (p. 1751) (Texas). 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 a special election before the effective date of 
the resignation (Feb. 28, 2002, p. 2245).
  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, in 
which 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. 22020). 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. 9882).
  Acceptance of the resignation of a Member from 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, 13774; Jan. 
6, 1983 and Feb. 22, 1983, pp. 114, 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 a 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 as 
Vice President (Dec. 6, 1973, p. 39927). A Member of the House having 
been confirmed as Secretary of Defense, a copy of his letter of 
resignation was laid before the House before his taking the oath of that 
office (Mar. 20, 1989, p. 4976).

[[Page [12]]]

  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 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 Governor did 
not attempt to call a special election until after the term began on 
January 3, 1999 (Jan. 6, 1999, p. 42). A Member notified the Speaker and 
the Governor in one Congress that he did not intend to take his seat in 
the next Congress (Jan. 6, 2009, 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 that the legislature 
might recognize (I, 383).
  If 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 in which a Member-elect was unable to take the oath 
of office or to decline the office 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. 7).

[[Page [13]]]

  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 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 the 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 that 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

[[Page [14]]]

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, 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 in which a Speaker has died 
between sessions of Congress or resigned) or by resolution (in the case 
in which a Speaker has died during a session of Congress). For example, 
in the case in which 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 
in which 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 in which 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. 834). 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

[[Page [15]]]

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 that 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 (sec. 2(a), H. Res. 5, Jan. 7, 
2003, p. 7). The Speaker delivered to the Clerk the first such letter on 
February 10, 2003 (Mar. 13, 2003, p. 6118).
<>   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.
   <> It has 
been held that the Act of June 1, 1789 (2 U.S.C. 25) bound the House to 
elect a Clerk before proceeding to business (I, 237, 241). In some 
instances the House has proceeded to legislation and other business 
before electing a Clerk (I, 242, 244). When a vacancy arises in the 
office of Clerk during a session, business has intervened before the 
election of a new Clerk (I, 239).

* * * <> 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 
investigation (28 U.S.C. 595(c)). For a description of impeachment 
proceedings

[[Page [16]]]

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.]

  This provision was changed by the 17th amendment.

  \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.


[[Page [17]]]


  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 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. 7).

-  \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

[[Page [18]]]

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. Cl. 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 a Senate impeachment 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, 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

[[Page [19]]]

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 
paragraph 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 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 in 
which 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). Title III of the Legislative Branch 
Appropriations Act, 2006, amended Federal election law to require States 
to hold special elections for the House within 49 days after a vacancy 
is announced by the Speaker in the extraordinary circumstance that 
vacancies in representation from the States exceed 100 (P.L. 109-55; 2 
U.S.C. 8).
  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

[[Page [20]]]

U.S. 232 (1921); Smiley v. Holm, 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 10th 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.

  \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 has been superseded by the 20th amendment.
  In the later but not the earlier practice (I, 5), before 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

[[Page [21]]]

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 a 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 no role in such matters (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 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 voting, the House has found more 
difficulty in determining the proper exercise of its constitutional 
power. Although the House has always acted on the principle of giving 
expression to the intent of the voter (I, 575, 639, 641; II, 1090), 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 if 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).

[[Page [22]]]

  The courts of <> a State do not have a direct role in 
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).
  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. 381-396); but the House 
regards this law as not of absolute binding force, but rather a prudent 
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

[[Page [23]]]

5(d) of rule XX, when a vacancy occurs or when a new Member is sworn, 
the Speaker announces the resulting adjustment in the whole number of 
the House (see Sec. 1024b, infra). Under clause 5(c) of rule XX, the 
House may establish a provisional number of the House where, due to 
catastrophic circumstances, a quorum fails to appear (sec. 2(h), H. Res. 
5, Jan. 4, 2005, p. _; 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, 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

[[Page [24]]]

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 chair of a Committee of the 
Whole (VI, 666); but in the 93d Congress clause 7 of rule XX (formerly 
clause 6 of rule XV) 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 the 
chair to the House. 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 because 
clause 7 of rule XX (formerly clause 6 of rule XV) is a proper exercise 
of the House's constitutional rulemaking authority that 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 changes to rule XX (formerly rule XV), 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); 
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. 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; Oct. 8, 1968, p. 
30090). Adjournment sine die is in order notwithstanding the absence of 
a quorum if both Houses

[[Page [25]]]

have already adopted a concurrent resolution providing for an 
adjournment sine die 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 to order, 
announced the death of Speaker Rayburn during the adjournment sine die, 
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 (1880); 
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 that constituted the Rules of the House at the end of 
the preceding Congress (e.g., H. Res. 5, 95th Cong., Jan. 4, 1977, pp. 
53-70) and has also incorporated provisions of concurrent resolutions 
that were intended to remain applicable under the Budget Act (e.g., H. 
Res. 5, 107th Cong., Jan. 3, 2001, p. 25). 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. 19317, reaffirmed for the 106th Congress by sec. 2(c), H. Res. 
5, Jan. 6, 1999, p. 47, and reaffirmed for the 107th Congress with an 
exception by sec. 3(a), H. Res. 5, Jan. 3, 2001, p. 24; 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.

[[Page [26]]]

7, 2003, p. 7). 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 a vote as a Member by a rule was 
successfully resisted (V, 5966, 5967). Although the Act of June 1, 1789 
(see 2 U.S.C. 25) requires the election of a Clerk before the House 
proceeds to business, the House has held that it may adopt rules before 
electing a Clerk (I, 245). Although 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; see 2 U.S.C. 26). 
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). 
Before 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,

[[Page [27]]]

3060; Deschler, ch. 1, Sec. 8), even before 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 (Speaker Gingrich, H. Res. 5, Jan. 4, 
1995, p. 447; H. Res. 5, Jan. 4, 2007, p. _). 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. 76; secs. 506-510, H. 
Res. 6, Jan. 5, 2007, p. _; sec. 5, H. Res. 5, Jan. 6, 2009, p. _). The 
Speaker held as not cognizable a point of order that a resolution 
adopting the Rules of the House contained a provision that the House had 
no constitutional authority to adopt, stating that the House decides 
such issues by way of the question of consideration or disposition of 
the resolution (Speaker Hastert, Jan. 4, 2005, p. _).
  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, because the provisions of clause 7 of rule XX 
(formerly clause 6(e) of rule XV) 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 
before 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 before 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).

[[Page [28]]]

  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 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, 111th Cong.). Under rule 
10 of the rules of that committee, 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 to censure and the Member had 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 the time to the accused (Oct. 2, 1980, p. 28966; July 24, 2002, p. 
14309). 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. 14310). 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. 14313). Where the 
manager of a resolution has divided the hour three ways, the Chair 
announced that the order of closing speeches would be as follows:

[[Page [29]]]

the minority manager of the resolution, the subject of the resolution, 
and the manager of the resolution (July 24, 2002, p. 14314). 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; May 22, 2007, p. _; 
Oct. 23, 2007, p. _; July 31, 2008, p. _). 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. 14300), or to refer to committee (Mar. 1, 1979, p. 3753). A 
proposition to censure is not germane to a proposition to expel (VI, 
236).
  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 rule XXVI (formerly rule XLIV) 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

[[Page [30]]]

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 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 clause 3 of rule 
XXIII (formerly clause 4 of rule XLIII), 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 for 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. 14319). Three Senators were 
expelled for their association with the Confederates during the Civil 
War (II, 1268-1270).

[[Page [31]]]

  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 Committee on 
the Judiciary 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, 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. 14319).
  Decisions <> of the Supreme 
Court of the United States: Anderson v. Dunn, 19 U.S. (6 Wheat.) 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). Although it ought to be a correct transcript 
of proceedings, 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).

[[Page [32]]]

  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-
2846).
  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). Although the Speaker has entertained 
motions 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 such act 
(IV, 2785), and holding that he could not prevent a majority of the 
House from so amending the Journal as to undo an actual transaction (IV, 
3091-3093), in none of those rulings was an amendment permitted to 
correct the Journal that 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 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 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 occasions 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). 
If Journals of more than one session remain unapproved, they are taken 
up for approval in chronological order (IV, 2771-2773; Nov. 3, 1987, p. 
30592).
  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

[[Page [33]]]

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 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 the approval of the Journal to 
a later time on that legislative day (H. Res. 5, Jan. 3, 1983, p. 34). 
Although 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 arraignment of 
impeachment (VI, 469), and questions of the privileges of the House (II, 
1630), and the Speaker has discretion to 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 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 matter.
  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). Although a proposed 
correction of the Journal may be recorded in the Journal, 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).


[[Page [34]]]


  * * * 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 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, 13535; Oct. 13, 1962, p. 23474; Oct. 19, 
1966, p. 27641). Although 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 clause 6 of rule I (formerly clause 
5) (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) and if the Member seeking the yeas 
and nays is on his feet and seeking recognition for that purpose when 
the Chair announces the result of the voice vote (Nov. 22, 1991, p. 
34075; Sept. 21, 2005, p. _). 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

[[Page [35]]]

(V, 6042). And it is not in order during the various processes of a 
division to repeat a demand for the yeas and nays that 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; Mar. 8, 2006, p. _; Aug. 3, 2007, p. _), and a request for a 
rising vote of those opposed to the demand is not in order (VIII, 3112-
3114), and the Speaker may refuse to entertain a parliamentary inquiry 
regarding the number of Members counted by the Chair (Aug. 3, 2007, p. 
_). If the Chair prolongs the count of the House in determining whether 
one-fifth have supported the demand for yeas and nays, the Speaker 
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 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).

[[Page [36]]]

  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 if 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 the opinion of the Speaker, the public interest shall 
warrant it (Sec. 639, infra). In recent practice the two Houses have 
granted joint leadership (or their designees) authority for an 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. 13, 2003, p. 4080; H. Con. Res. 1, Jan. 4, 2005, p. _ (not adopted 
by the Senate); H. Con. Res. 1, Jan. 4, 2007, p. _ (not adopted by the 
Senate); H. Con. Res. 1, Jan. 6, 2009, p. _)). The Speaker executes by 
letter the designation under such resolution (e.g., Mar. 13, 2003, p. 
6123; Jan. 20, 2005, p. _). After September 11, 2001, recall authority 
carried in adjournment resolutions has allowed reassembly at such place 
as may be designated (see Sec. 84, infra). 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).
  On November 22, 1940 (p. 13715), the House 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 by 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

[[Page [37]]]

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. 14645).-
  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, but not Sundays (V, 6673, 6674). The House may provide for 
a session of the House on a Sunday, traditionally a ``dies non'' under 
the precedents of the House (e.g., Dec. 17, 1982, p. 31946; Nov. 17, 
1989, p. 30029; Aug. 20, 1994, p. 23367). The House has by standing 
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 adopted 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). Clause 12(c) of rule I 
provides certain authorities for reconvening or postponing the time for 
reconvening during any recess or adjournment of not more than three days 
(see Sec. 639, infra).
  Congress enables an <> adjournment 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). 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 
before a specified date (Nov. 19, 1919, p. 8810).
  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). In the 
modern practice it is common for a concurrent resolution to provide

[[Page [38]]]

for a one-House adjournment or to provide for each House to adjourn for 
different time periods. For example: (1) the House adjourned until 
August 15, 1922, with the consent of the Senate (June 29, 1922, p. 
10439); (2) the two Houses provided for an adjournment sine die of the 
House on August 20, 1954, and of the Senate at any time before December 
25, 1954 (H. Con. Res. 266; Aug. 20, 1954, p. 15554); (3) the two Houses 
provided for an adjournment sine die of the House on December 20 or 
December 21 pursuant to a motion made by the Majority Leader or a 
designee, and of the Senate at any time before January 3, 1983, as 
determined by the Senate, and 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); (4) the two 
Houses provided for an adjournment of the Senate to a day certain and 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); (5) the two Houses provided for an adjournment 
to a day certain, with a provision that if there should be no quorum 
present on that day the session should terminate (V, 6686).
  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 
(see, e.g., July 8, 1943, p. 7516; July 26, 1947, p. 10521; Dec. 20, 
1974, p. 41815; Nov. 21, 1989, p. 31156; Oct. 3, 1996, p. 12275; Dec. 
15, 2000, p. 27019). Pursuant to such recall authority: (1) the Speaker 
and the Majority Leader of the Senate notified Members of the House to 
reassemble, the Senate already being in session (Mar. 20, 2005, p. _, 
pursuant to H. Con. Res. 103, Mar. 17, 2005, p. _; Nov. 19, 2008, p. _ 
and Dec. 9, 2008, _, pursuant to H. Con. Res. 440, Oct. 2, 2008, p. _); 
(2) the Speaker and the Majority Leader of the Senate notified Members 
of both Houses to reassemble (Sept. 2, 2005, p. _, pursuant to H. Con. 
Res. 225, July 28, 2005, p. _).
  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. 23512; H. Con. Res. 531, Dec. 9, 2004, 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. 15138). The Speaker executes by letter the 
designation under a concurrent resolution of adjournment (e.g., Mar. 13, 
2003, p. 6123; Jan. 20, 2005, p. _). The Speaker also executes by letter 
the designation of another Member to utilize reassembly authority under 
a joint resolution changing the convening date of the next session (H. 
J. Res. 80, Dec. 15, 2003, p. 32411).
  On occasion an adjournment resolution has provided for one-House 
recall (see, e.g., July 20, 1970, p. 24978). Joint leadership and House 
only recall provisions were included in the sine die adjournment 
resolution for the second session of the 105th Congress (H. Con. Res. 
353, Oct. 20, 1998, p. 27348), and the Speaker exercised recall 
authority under that resolution to reassemble the House (Dec. 17, 1998, 
p. 27802).

[[Page [39]]]

  When the Senate is out of session for not more than three days, the 
Senate Majority and Minority Leaders may modify an order for the time or 
place of convening when, in their opinion, such action is warranted by 
intervening circumstances (S. Res. 296, 108th Cong., Feb. 3, 2004, p. 
_). Pursuant to such authority, during an adjournment of the Senate for 
not more than three days, the Senate convened earlier than previously 
ordered to adopt a House concurrent resolution providing for an 
adjournment of the two Houses (H. Con. Res. 103, Mar. 17, 2005, p. _), 
section 2 of which enabled a recall of the House (Mar. 20, 2005, 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 (H. Con. Res. 235, Nov. 18, 1999, p. 30734). It 
has become the common practice for the House, by unanimous consent 
adopted after originating an adjournment resolution, to fix a time to 
which it would adjourn within three days unless the House were sooner to 
receive a message from the Senate transmitting its adoption of the 
adjournment resolution, in which case the House would stand adjourned 
pursuant to that resolution (see, e.g., Nov. 3, 2000, p. 25993; Mar. 20, 
2002, p. 3726).
  A concurrent resolution providing for adjournment sine die of the 
first session may contain a proviso that when the second session 
convenes the Senate or House may not conduct organizational or 
legislative business but shall adjourn on that day until a date certain, 
unless sooner recalled (H. Con. Res. 232, Dec. 20, 1979, p. 37317; H. 
Con. Res. 260, Nov. 26, 1991, p. 35840; H. Con. Res. 235, Nov. 18, 1999, 
p. 30734). The prohibition on the conduct of such business may be 
applied to the House by simple resolution and may vest the Speaker with 
the authority to dispense with such business over a period of time (H. 
Res. 619, as amended by H. Res. 640, Dec. 16, 2005, p. _, Dec. 18, 2005, 
p. _). Such a prohibition does not 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. 48). The House has passed a joint resolution appointing a day 
for the convening of a second session of a Congress and provided for 
possible earlier assembly by joint-leadership recall (see, e.g., H. J. 
Res. 80, Dec. 20, 2001, p. 27597; H. J. Res. 80, Nov. 21, 2003, pp. 
30856, 30857).
  A concurrent resolution to provide for adjournment for more than three 
days or an adjournment sine die is offered in the House as a matter of 
privilege (V, 6701-6706), and is not debatable (VIII, 3372-3374), though 
a Member may be recognized under a reservation of objection to a 
unanimous-consent request that the resolution be agreed to (Oct. 27, 
1990, p. 36850). The Legislative Reorganization Act of 1970 provides for 
an adjournment sine die, or (in an odd numbered year) an adjournment of 
slightly

[[Page [40]]]

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 providing adjournments for more 
than three calendar days during the month of July until the House has 
approved 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).

  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, Delegates, the Speaker, the 
Majority and Minority Leaders of the House, and the Vice President is 
established by law (2 U.S.C. 31; 3 U.S.C. 104) with an additional amount 
per annum to assist in defraying expenses (2 U.S.C. 31b; 3 U.S.C. 111). 
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.

[[Page [41]]]

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 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). The pension of a Member may be 
forfeited upon conviction involving abuse of the public trust (5 U.S.C. 
8312, 8411).
  Questions have arisen <> frequently as to compensation of Members especially in 
cases of Members elected to fill vacancies (I, 500; II, 1155) and in 
which there have been questions as to incompatible offices (I, 500) or 
claims to a 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 the predecessor 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

[[Page [42]]]

        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.''

  ``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.

[[Page [43]]]

A Member may not employ a relative on an MRA (5 U.S.C. 3110). The Code 
of Official Conduct also precludes certain hiring practices of Members 
(see Sec. 1095, infra).
  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 death or resignation, until a successor is 
elected to fill the vacancy, and such clerical assistants 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 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 of the 
Legislative Reorganization Act of 1970 (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(12), infra.


[[Page [44]]]


  * * * 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 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 had him 
imprisoned (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), in 
which 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. Rule VIII (formerly rule 
L) 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 (1880), cited at III, 2675. See also 
II, 1655 and Sec. Sec. 301, 302, infra, for provisions in Jefferson's 
Manual

[[Page [45]]]

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 that 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 in 
which 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, because neither was essential to the 
deliberative 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 or 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), in which the Supreme Court held that the aide of a Senator was 
protected under the clause when performing legislative acts that 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 or 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

[[Page [46]]]

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, asking properly and without menace if the speech was 
correctly reported, was held to involve no question of privilege (III, 
2682). Unless it is 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 (1880); 
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; 
P.L.

[[Page [47]]]

110-455 (emoluments of Secretary of State); P.L. 111-1 (emoluments of 
Secretary of the Interior).

<>   
*  *  * 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 Committee on the Judiciary <> 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 statute is not an 
office in the contemplation of the constitutional provision prohibiting 
Members of Congress from holding simultaneously 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 Committee on the Judiciary 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

[[Page [48]]]

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 subscribed to the idea that a 
contestant holding an incompatible office need not make an election 
until the House has declared the contestant 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 Member, 
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).
  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 the taking of the oath 
of office the 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).


[[Page [49]]]


  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 a 
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 although 
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, 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. 2618; Oct. 15, 1998, p. 26483; July 15, 1999, p. 16317; Nov. 
18, 1999, p. 30732; Oct. 24, 2000, p. 24149; Sept. 20, 2001, p. 17454), 
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

[[Page [50]]]

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 large-scale 
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. 2618); a Senate-passed bill proposing new import restrictions 
on products containing any substance derived from rhinoceroses or tigers 
(Oct. 15, 1998, p. 26483); 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. 16317); Senate-passed bills 
prescribing the tax treatment of certain benefits to members of the 
Armed Forces (Nov. 18, 1999, p. 30732) or of public-sector retirement 
plans (Nov. 18, 1999, p. 30734); 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. 24149); 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. 17454). 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. 16565).
  A bill raising revenue incidentally was held not to infringe upon the 
constitutional prerogative of the House to originate revenue legislation 
(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). The Senate decided that a bill proposing a gasoline tax in 
the District of Columbia should not originate in the Senate (VI, 316).

[[Page [51]]]

  Clause 5(a) of rule XXI prohibits consideration of any amendment, 
including any Senate amendment, proposing a tax or tariff during 
consideration of a bill or joint resolution reported by a committee not 
having that jurisdiction (Sec. 1066, infra).
  For a discussion of the prerogatives of the House under this clause, 
and discussion of the prerogatives of the House to originate 
appropriation bills, see Deschler, ch. 13. For a discussion of the 
prerogatives of the House with respect to treaties affecting revenue, 
see Sec. 597, infra. For examples of Senate messages requesting the 
return of Senate revenue measures, see Sec. 565, infra.
  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 Objections 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. * * *.


[[Page [52]]]


  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). Before the 
adoption of the 20th amendment to the Constitution (which changed the 
date of meeting of Congress to January 3), 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, because 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 act of President Tyler in filing with a bill an 
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 if 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 have been approved and of such as 
have been 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

[[Page [53]]]

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). In one instance a veto message that 
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 after the absence of a quorum has 
been ascertained, 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).
  For enrollments returned with ``memoranda of disapproval,'' see 
Sec. 113, infra.
  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 reconsider'' 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, if 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

[[Page [54]]]

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 although 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 (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 (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). Although 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 that 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).

[[Page [55]]]

  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 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. For a 
discussion of the operation of the Act during the period of its 
effectiveness, see Sec. 1130(6b), 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 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 
(IV, 3486). Presidents currently sign bills after adjournment sine die 
but within 10

[[Page [56]]]

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, after 
the convening of the 98th Congress, approved bills passed and presented 
in the 97th 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 
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 that <> 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 adjournment sine die of that session, but is neither signed by the 
President, nor returned to the House in which it originated, does not 
become a law (``The Pocket Veto Case,'' 279 U.S. 655 (1929); VII, 1115). 
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). 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.
  Doubt has existed <> as to whether a bill that 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

[[Page [57]]]

adjournments where authority exists for the appropriate House to receive 
such messages notwithstanding the adjournment.
  In the 101st and 110th Congresses, when the President returned an 
enrolled bill during an 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; Jan. 15, 2008, p. _). 
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).
  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 that 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. 17156; Nov. 13, 2000, p. 26022; Jan. 
15, 2008, p. _).

[[Page [58]]]

  As part of the concurrent resolution providing for the adjournments 
sine die 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. 26538). 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. 18594; 
Nov. 13, 2000, p. 26022; Oct. 3, 2008, 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)).

  \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 early Congresses was to 
present to the President for approval only such concurrent resolutions 
as were legislative in effect (IV, 3483, 3484).

[[Page [59]]]

  For discussion of Presidential approval of a joint resolution 
extending the period for State ratification of a constitutional 
amendment already submitted to the States, see Sec. 192, 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;
<>   \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;

[[Page [60]]]

  \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;

  The 93d <> 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. 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 that 
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(2), 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;

[[Page [61]]]

<>   \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 training 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

[[Page [62]]]

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 that has not been reported by the 
committee to which referred within 20 calendar days after its 
introduction (see Sec. 1130(5), infra).
  Decisions <> of the Supreme 
Court of the United States: Hepburn v. Ellzey, 6 U.S. 445 (1805); 
National Mutual Insurance Co. of D.C. v. Tidewater Transfer Co, 337 U.S. 
582 (1945).

-  \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.

[[Page [63]]]

  \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.
<>   \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 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.


[[Page [64]]]


  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 that 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).

  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 sub

[[Page [65]]]

ject 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:hd162-4]                         

                               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 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.


[[Page [66]]]


  \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 because their number 
was not sufficient to affect the result and 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).

  \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

[[Page [67]]]

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 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 statute 
also provides 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).


[[Page [68]]]


  \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 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 also has 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).


[[Page [69]]]


  \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 is established by law (3 U.S.C. 
102). In addition, the law provides an expense allowance (3 U.S.C. 102) 
and a travel allowance (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.''

  The <> taking of this 
oath, which is termed the inauguration, is made the occasion of certain 
ceremonies that 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 inclement 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., Oct. 9, 1984, p. 30926).


[[Page [70]]]


  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.

  The <>  93d 
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 under this clause. For further discussion of the reports to 
Congress 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 on August 9, 1974, following 
the decision of the Committee on the Judiciary to report to the House a 
recommendation of impeachment (H. Rept. 93-1305, 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

[[Page [71]]]

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. For a discussion of the role of the House with respect to 
treaties affecting revenue, see Sec. 597, infra.

  \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 
protocol 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. A message in writing is usually communicated 
to both Houses on the same day, but an accompanying document can 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

[[Page [72]]]

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, the President 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 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 expressed desire to address Congress in person 
a concurrent resolution is adopted by both Houses arranging for a joint 
session to receive the message. The Speaker presides and the President 
of the Senate (the Vice President) sits to the right of the Speaker, but 
in the absence of the Vice President, the President pro tempore sits to 
the left of the Speaker (Nov. 27, 1963, p. 22838).
  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). Although a message of the President is always read, 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 on

[[Page [73]]]

occasion 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.

  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 (a statute currently ineffective 
under 28 U.S.C. 599) 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. 21560).

[[Page [74]]]

  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 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). Although 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 office, whether moral, intellectual, or physical 
(III, 2015), 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 
as a cause for impeachment (III, 2404, 2508, 2509, 2516, 2517). There 
also has 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, 1998, p. 
27828). 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

[[Page [75]]]

written questions from the Committee on the Judiciary), only the first 
and third were adopted by the House (Dec. 19, 1998, p. 28110). The 
President was acquitted by the Senate on each article (Feb. 12, 1999, p. 
2376).
  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. 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 that is a serious dereliction from public duty and (2) for 
nonjudicial conduct that 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 (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 (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 recommended impeachment of 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

[[Page [76]]]

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 criminal trial (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 (Sept. 11, 1998, p. 20020). 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 (Oct. 
8, 1998, p. 24679). 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 (Dec. 17, 1998, p. 27819). The chair of 
the Committee on the Judiciary called up the resolution on December 18, 
1998 (p. 27828).

[[Page [77]]]

  In 2008, the House agreed to an unreported resolution authorizing an 
impeachment inquiry of a federal district judge by the Committee on the 
Judiciary and investing it with special investigative authorities to 
facilitate the inquiry (Sept. 17, 2008, p. _), which was continued in 
the next Congress (Jan. 13, 2009, p. _).
  In 2009, 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 Samuel B. Kent for high crimes 
and misdemeanors specified in 4 articles of impeachment, some of them 
addressing allegations on which the judge had been convicted in a 
Federal criminal trial (111th Cong., June 19, 2009, 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. 27825). To a privileged resolution of impeachment, an 
amendment proposing instead censure, which is not privileged, was held 
not germane (Dec. 19, 1998, p. 28100).
  For further discussion of impeachment proceedings, see Sec. Sec. 601-
620, infra; Sec. 31, supra, and Deschler, ch. 14.




[DOCID:hd162-5]                         

                              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 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 admi

[[Page [78]]]

ralty 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 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.


[[Page [79]]]


  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:hd162-6]                         

                               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 
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.

[[Page [80]]]

  \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
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).


[[Page [81]]]


  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:hd162-7]                         

                               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 affect 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

[[Page [82]]]

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 final passage 
and not to amendments (V, 7031, 7032; VIII, 3504), or prior stages (V, 
7029, 7030), but is required if 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, 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 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 such a measure (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, see 
Idaho v. Freeman, 529 F.Supp. 1107 (D.C.D. Idaho, 1981), judgment stayed 
sub nom. National Organization

[[Page [83]]]

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, or rescind, 
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 (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)).
  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:hd162-8]                         

                               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, 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 sup

[[Page [84]]]

port 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).
  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 the Speaker should not do so 
(I, 139, 140). And in case of doubt the Speaker 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

[[Page [85]]]

in the absence of the Speaker a Member-elect waited until the Speaker 
could 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 (VI, 20). The House may authorize the Speaker to administer the 
oath 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 before ascertainment of a quorum and election of Speaker 
McCormack to succeed Speaker Rayburn, who had died during the 
adjournment sine die (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 is a matter of high privilege 
(VI, 14). It has been administered during a call of the roll and during 
an electronic vote on a motion to agree to rules at the time of 
organization (I, 173; VI, 22; Jan. 5, 2005, p. _) and during an 
electronic vote taken during House deliberations interlocutory to an 
ongoing joint session to count the electoral votes (Jan. 6, 2005, p. _). 
It also has been administered 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) or 
pending engrossment and third reading (June 19, 2008, p. _). A division 
being demanded on a resolution seating several claimants, the oath may 
be administered to each as soon as his case is decided (I, 623). If a 
Member-elect whose right to a seat has been determined by the House is 
present to take the oath, the 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).
  The <> right 
of a Member-elect to take the oath is sometimes challenged, usually at 
the time of organization of the House. The challenge may be made by a 
Member-elect who has not yet taken the oath (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).

[[Page [86]]]

  It <> has been held, although not uniformly, that in cases in 
which 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; Jan. 4, 2007, p. _). 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 a 
Member without credentials (I, 162-168), yet it has been done in cases 
in which the credentials are delayed or lost and there is no doubt of 
the election (I, 85, 176-178; VI, 12, 13), or in which 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). If the prima facie right is 
contested the Speaker declines to administer the oath (I, 550), but the 
House admits on a 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 
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).

[[Page [87]]]

  Questions <> of sanity (I, 441) and loyalty (I, 448) seem to pertain 
to competency to take the oath as a 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, in which 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 
(1969), 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, in which 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:hd162-9]                         

                              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 September in the Year of our Lord one thousand 
    seven hundred and Eighty seven and of the Independence of the United 
    States of

[[Page [88]]]

    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,

                                Maryland.

James McHenry,                       Dan of ST Thos. Jenifer.

Danl Carroll,

                                Virginia.

John Blair,                          James Madison Jr.

[[Page [89]]]

                             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 [90]]]
[DOCID:hd162-10]                         

Admendments ratified


   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.




                              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.




                              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 [91]]]

                             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.



                              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.



                              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 [92]]]

                              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.




                             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.



                             AMENDMENT VIII.

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




[[Page [93]]]

                              AMENDMENT IX.

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




                              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.




                       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 [94]]]

                      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;-- * * *
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  \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 [95]]]


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  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); (4) the 1997 count was changed to Thursday, 
January 9 (P.L. 104-296); (5) the 2009 count was changed to Thursday, 
January 8 (P.L. 110-430).
  Sections 15-18 of title 3, 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. 101; Jan. 6, 2005, p. _), but only when in 
writing and signed by both a Member and a Senator (Jan. 6, 2001, p. 101; 
Jan. 6, 2005, p. _). Examples of an ``other question arising in the 
matter'' include: (1) an objection for lack of a quorum (Jan. 6, 2001, 
p. 101); (2) a motion that either House withdraw from the joint session 
(Jan. 6, 2001, p. 101); and (3) an appeal from a ruling by the presiding 
officer (Jan. 6, 2001, p. 101). Such questions are not debatable in the 
joint session (3 U.S.C. 18; Jan. 6, 2001, p. 101). 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 or as a sitting Vice President, has participated in 
the ceremonies (e.g., VI, 446; Jan. 6, 2005, p. _). 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. 70 (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. 98 (2000)).


[[Page [96]]]


  * * * 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 
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 ineli

[[Page [97]]]

gible to the Office of President shall be eligible to that of Vice-
President of the United States.

  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).




                      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 [98]]]

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 December 18, 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.




                      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 [99]]]

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, and on April 23, 2003, revoked the 
resolution of rescission); Oregon, September 19, 1866; New York, January 
10, 1867; Ohio, January 11, 1867 (subsequently rescinded its 
ratification on January 13, 1868, and ratified on March 12, 2003); 
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

[[Page [100]]]

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 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 meth

[[Page [101]]]

od, 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 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 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 also has made 
evident that it will take judicial review of a claim 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

[[Page [102]]]

may by a vote of two-thirds of each House, remove such disability.

-  Congress <> has by law removed generally the 
disabilities arising from the Civil War (30 Stat. 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 discriminatory State qualifications for electors (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 [103]]]

                       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 [104]]]

                      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.
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  \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.

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[[Page [105]]]

                      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.
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  \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; 
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.
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  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 thereof to make temporary appointments 
until

[[Page [106]]]

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), aff'd., 380 U.S. 529 (1965)).




                     AMENDMENT XVIII.\9\

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

[[Page [107]]]

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.]




                      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).

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[[Page [108]]]

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




                      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 [109]]]

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.

  Before 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 before and pursuant 
to the 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

[[Page [110]]]

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, 1980, pp. 37773, 37774; Jan. 3, 
1996, pp. 35, 36). The House has adjourned the second session of a 
Congress without motion at its expiration and convened the first session 
of the new Congress on a different date as prescribed by law (Jan. 3, 
2009, p. _).
  Since <> ratification, the following days for assembling have been 
established: 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; 
Public Law 108-181, Jan. 20, 2004; Public Law 108-433, Jan. 4, 2005; 
Public Law 109-447, Jan. 4, 2007; Public Law 110-430, Jan. 6, 2009. Such 
laws for the convening of a second session of a Congress may provide for 
possible earlier assembly by joint-leadership recall (see, e.g., Public 
Law 107-98, Jan. 23, 2002).

-  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

[[Page [111]]]

elect shall act as President until a President shall have qualified; and 
the Congress may by law provide for the case wherein neither a President 
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.
  Before 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.


[[Page [112]]]

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




                      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 deliv

[[Page [113]]]

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




                     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

[[Page [114]]]

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 
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.



                     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.

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[[Page [115]]]

  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.



                     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 [116]]]

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.



                      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 [117]]]

  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

[[Page [118]]]

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 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 [119]]]


  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, 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 rule X has jurisdiction over 
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 to 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 three 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 of the constitutional powers and duties of the Office of 
President, and advising that he was doing so immediately (July 15, 1985, 
p. 18955; July 8, 2002, pp. 12089, 12090; July 23, 2007, p. _).




[[Page [120]]]

                     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.



                     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.


[[Page [121]]]

  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 (adopted May 20, 1992, p. 12051)). 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 the Ethics Reform Act of 1989 (103 Stat. 
1716), see Boehner v. Anderson, 809 F. Supp. 138 (D.D.C. 1992), aff'd, 
30 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:hd162-11]                         

                 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 that 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 XXIX, 
Sec. 1105, infra. In 1880 the committee that 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 that refer exclusively to Senate 
procedure or that refer to English practice wholly inapplicable to the 
House have been omitted. Paragraphs from the Constitution of the United 
States have also been omitted, because 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.

  Whether the House is in order so that a Member may proceed in debate 
is determined by the Chair (Apr. 23, 2008, p. _). Alleged partiality in 
making such a determination has been renounced (July 31, 2008, p. _). 
The comportment of a presiding officer has formed the basis of a 
question of privilege (Aug. 3, 2007, p. _).

* * * * *




[DOCID:hd162-12]                         

                           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

[[Page [129]]]

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 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

[[Page [130]]]

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 provide 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 ex

[[Page [131]]]

emption 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 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,

[[Page [132]]]

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, 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, in which 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 in which 
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

[[Page [133]]]

in the district (of Maryland) where it was issued. In re Guthrie, 733 
F.2d 634 (4th Cir. 1984). If 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 
employees 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 in which 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).
  Although <> 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 chair 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(j)(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),

[[Page [134]]]

and authorizing the chair 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 
authorized the Speaker to take any steps 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 also has 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), including an unreported resolution (adopted by 
special rule) regarding initiating or intervening in judicial 
enforcement of committee subpoenas (Feb. 14, 2008, p. _), which 
authority was continued and expanded in the next Congress (sec. 4(f), H. 
Res. 5, Jan. 6, 2009, p. _). 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 
other House 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

[[Page [135]]]

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 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, because ``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, 19 U.S. (6 
Wheat.) 204, 226, 227 (1821)). In 1828 an assault on the President's 
secretary in the Capitol gave rise to a question of privilege that 
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 because 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).

[[Page [136]]]

  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 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'' (Kilbourn v. Thompson, 103 U.S. 168, 189 (1880); 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 (1897)). The nature of the punishment that the House may 
inflict was discussed by the Court in Anderson's case (II, 1607; 
Anderson v. Dunn, 19 U.S. (6 Wheat.) 204 (1821)).
  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 that 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 chair, 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

[[Page [137]]]

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 that was exerted by the House 
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 
that 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 that in 
and of themselves inherently prevent or obstruct the discharge of 
legislative duty and to compel the doing of those things that are 
essential to the performance of the legislative functions. As pointed 
out in Anderson v. Dunn, 19 U.S. (6 Wheat.) 204 (1821), 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

[[Page [138]]]

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).)

  * * * <> 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

[[Page [139]]]

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 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

[[Page [140]]]

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 deputies 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

[[Page [141]]]

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 
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. 25200). 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 resolving 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 resolving clause certifying 
contemptuous conduct of several individuals (Oct. 27, 2000, p. 25200; 
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. 25200).
  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 (Dec. 16, 1982, p. 31754). In the following 
Congress, 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

[[Page [142]]]

been entered into between the committee and the executive branch for 
access by the committee to the documents that Anne Gorsuch had failed to 
submit and that were the subject of the contempt citation (where the 
contempt had not yet been prosecuted) (Aug. 3, 1983, p. 22692). In other 
cases in which 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 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. 25217). 
In the 110th Congress, the House adopted (by special rule) a resolution 
directing the Speaker to certify to the United States Attorney the 
refusal of White House Chief of Staff to produce douments to a 
committee, and former White House Counsel to appear, testify, and 
produce documents to a subcommittee, each as directed by subpoena (Feb. 
14, 2008, 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 being 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

[[Page [143]]]

effective only when sworn (e.g., H. Res. 26, 27; Jan. 6, 1983, p. 132). 
In one case, when a Member did not appear to take the oath, the Speaker 
with the consent of the House appointed another Member to the committee 
in his 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 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. 42); 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 (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, 442 U.S. 477 (1979), the Supreme Court 
discussed the ability of either an individual Member or the entire 
Congress

[[Page [144]]]

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 or Debate clause is not an impediment 
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

[[Page [145]]]

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.

  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.


[[Page [146]]]


  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 in which 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 in which 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 convicted 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). After 
conviction but before the Senator's resignation, and while an appeal for 
rehearing was pending, the Senate continued its investigation (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

[[Page [147]]]

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 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:hd162-13]                         

                             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

[[Page [148]]]

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 
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 the Speaker has put the 
pending question or proposition to a vote. Although it was formerly the 
rule that a quorum was necessary for debate as well as business (IV, 
2935-2949), in the 94th Congress the House restricted the Chair's 
ability to recognize the absence of a quorum (clause 7 of rule XX). 
Clause 5(c) of rule XX permits the House to operate with a ``provisional 
quorum'' where the House is without a quorum due to catastrophic 
circumstances. Title III of the Legislative Branch Appropriations Act, 
2006, amended Federal election law to require States to hold special 
elections for the House within 49 days after a vacancy is announced by 
the Speaker in the extraordinary circumstance that vacancies in 
representation from the States exceed 100 (P.L. 109-55; 2 U.S.C. 8).




[DOCID:hd162-14]                         

                       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.

[[Page [149]]]

  Orders for calls on different days may subsist at the same time. 2 
Hats., 72.

  Rule XX provides for a call of the House. Members do not rise on 
answering, and quorum calls are normally conducted by electronic device 
(clause 2(a) of rule XX). Clause 5(c) of rule XX permits the House to 
operate with a ``provisional quorum'' where the House is without a 
quorum due to catastrophic circumstances.
* * * * *




[DOCID:hd162-15]                         

                            sec. ix--speaker

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


[[Page [150]]]


  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 shifted after inauguration of 
the Vice President (S. Res. 3, Jan. 3, 2001, p. 7).

  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

[[Page [151]]]

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.

  A resolution declaring the Office of Speaker vacant presents a 
question of constitutional privilege (VI, 35), though the House has 
never removed a Speaker. It has on several occasions removed or 
suspended other officers, such as Clerk and Doorkeeper (I, 287-290, 292; 
II, 1417). A resolution for the removal of an officer is presented as a 
matter of privilege (I, 284-286; VI, 35). The Speaker may remove the 
Clerk, Sergeant-at-Arms, and Chief Administrative Officer under clause 1 
of rule II.




[DOCID:hd162-16]                         

                             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 presen

[[Page [152]]]

tation 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:hd162-17]                         

                           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 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.

  Before the 62d Congress, standing as well as select committees and 
their chairs 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 chairs 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 chair, 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, p. 12871 (Burns of Hawaii)); and 
the chair sometimes submits a report in which the chair has not 
concurred (IV, 4670). Clause 2 of rule XIII requires that a report that 
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.

[[Page [153]]]

  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 (III, 1694, 1732; IV, 4558-4564; see 
also clause 2(g) of rule XI), and the House 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 
that 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 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 if the 
Chair is not aware of the executive-session status of the information 
(Nov. 5, 1997, p. 24648). 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).
  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. In addition, clause 2(k) of rule XI 
establishes a 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.
<>   * * * Nor 
can they receive a petition but through the House. 9 Grey, 412.

[[Page [154]]]

  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.

  Although <> 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 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, because 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 a 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).


[[Page [155]]]


  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.

  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 chair in one notable instance (IV, 4424), and in 
another the joint committee elected its chair (IV, 4447).




[DOCID:hd162-18]                         

                    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

[[Page [156]]]

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 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 chair of the Committee of the Whole to the Speaker (IV, 4704).


[[Page [157]]]


  * * * <> 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 chair of the Committee 
of the Whole sits in the Speaker's chair. Clause 1(b) of rule XVIII 
(former rule XXIII) 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).

  * * * <> 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 (formerly 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.


[[Page [158]]]


  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 Chair 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. 4778).

  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 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 the Speaker may yield to the chair that the 
committee may rise in due form (II, 1349). In one instance, the Chair, 
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).

[[Page [159]]]

  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, because 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). After restoring order, the Speaker usually 
leaves the chair, 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 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 com

[[Page [160]]]

mittee 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 five-minute debate by 
motion. When the committee rises without concluding a matter the Chair 
reports that it ``has 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 Chair 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. 
12471). A Member yielded time in general debate may not yield to another 
for such motion (Feb. 22, 1950, p. 2178; May 17, 2000, p. 8200). The 
motion that the Committee of the Whole rise is privileged during debate 
under the five-minute rule, 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. 8203). For a further 
discussion of the motion to rise, see Sec. 983, infra. For a point of 
order against the motion to rise and report an appropriation bill to the 
House where the bill, as proposed to be amended, exceeds an applicable 
allocation of new budget authority under section 302(b) of the 
Congressional Budget Act of 1974, and procedures for the Committee of 
the Whole in the event that the point of order is sustained, see 
Sec. 1044b, infra.
  The <> Speaker recognizes only reports 
from the Committee of the Whole made by the chair 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). In 
one instance, however, the committee reported with a bill a resolution 
relating to an alleged

[[Page [161]]]

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). 
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 before or 
between consideration of amendments proposing certain limitations or 
retrenchments (H. Res. 5, Jan. 3, 1983, p. 34). The 104th Congress 
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 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 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

[[Page [162]]]

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, pp. 19098-
107). Normally, if the Committee of the Whole perfects a bill by 
adopting certain amendments and then adopts an amendment striking all 
after section one of the bill and inserting a new text, only the bill, 
as amended by the motion to strike 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 a section of a committee substitute, but not on perfecting 
amendments that 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, because 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 if 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, because only one amendment in its perfected form has 
been reported back to the House (Nov. 17, 1983, p. 33463).
  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

[[Page [163]]]

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 before 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. 
10654), 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). For automatic reconsideration in 
the House of amendments if the votes of Delegates and the Resident 
Commissioner are decisive, see Sec.  985, infra.
  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 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

[[Page [164]]]

chair of the Committee of the Whole who 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 offer 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 chair, 
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.




[DOCID:hd162-19]                         

                   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).


[[Page [165]]]


<>   
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 chair of a full committee. Authorized subpoenas are signed by the 
chair 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). Under section 2954 of title 5, United States Code, an executive 
agency, if so requested by the Committee on Government Operations (now 
Oversight and Government Reform), or any seven members thereof, shall 
submit any information requested of it relating to any matter within the 
jurisdiction of the committee.

  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

[[Page [166]]]

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 chair of the Committee of 
the Whole, as well as the Speaker, chairs 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 
(1949). 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 executive, 
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.
  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 also has arraigned 
at its bar contumacious

[[Page [167]]]

witnesses before taking steps to punish by its own action or through the 
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. 67-1372, and Jan. 25, 1923, pp. 2415-23). 
In one instance the chair 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. 
27819).
  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 Lobbying Disclosure Act of 1995 requires all 
lobbyists to register with the Clerk of the House and the Secretary of 
the Senate (2 U.S.C. 1603).




[DOCID:hd162-20]                         

                    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 
(providing relief in the existing national emergency in banking), 
following a message from the President recommending its immediate 
passage (Mar. 9, 1933, pp. 75-84).

  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 amendments to bills are taken up as soon as the

[[Page [171]]]

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 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:hd162-21]                         

                             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 rulings to give precedent its proper 
influence (II, 1317), because the advantage of such a course is 
undeniable (IV, 4045). But decisions of the Speakers on questions of 
order are not like judgments of courts that 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.




[DOCID:hd162-22]                         

                    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.

[[Page [172]]]

  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). Alleged abuse of power in the processing and enrollment of 
bills has formed the basis of questions of privilege (Feb. 16, 2006, p. 
_; May 22, 2008, p. _). The Clerk signs engrossments; the Speaker signs 
enrollments (1 U.S.C. 106).




[DOCID:hd162-23]                         

                       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 rule XVII; and 
this provision of the parliamentary law is practically obsolete.

  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,

[[Page [173]]]

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.

  This provision has been superseded by clause 1 of rule XVII. 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 
because 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.

  Except as provided in clause 4 of rule XVII, no question is put as to 
the right of a Member to the floor.

  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.
  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).


[[Page [174]]]


  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. 4497; Oct. 18, 2007, 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.

  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

[[Page [175]]]

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 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), 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 that 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).

  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 remarks must be 
confined to the question under debate, but neither by rule nor practice 
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,

[[Page [176]]]

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, 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 
a Member 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. 10226, p. 10232).
  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 if 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. 4926; Sept. 26, 2008, p. _). Although 
accusing

[[Page [177]]]

another Member of deceit engages in personality, merely accusing another 
Member of making a mistake does not (Oct. 26, 2000, p. 24921).
  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. 9738; July 15, 
2004, 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) or ``mean-
spirited'' (May 13, 1992, p. 11235); (5) questioning the integrity of a 
Member (July 25, 1996, p. 19170); (6) denunciating the spirit in which a 
Member had spoken (V, 6981); (7) using a Member's surname as though an 
adjective for a word of ridicule (June 13, 2002, p. 10232; May 13, 2008, 
p. _); (8) questioning the decency of another Member (Mar. 21, 2007, 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; July 16, 2008, p. _). 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 character 
of the measure's proponent (Nov. 9, 1995, p. 31413). The Chair also has 
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. 4926). A general statement seeming 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. 9005 
(sustained by tabling of appeal)). Likewise, a general statement linking 
politics with armed conflict in an impersonal way was held not to breach 
decorum (Oct. 18, 2007, p. _).
  A Member may not read in debate extraneous material critical of 
another Member that 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 that 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).

[[Page [178]]]

  A Member should refrain from references in debate to the official 
conduct of a Member if 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; Apr. 27, 2005, p. 
_); and, although such references are ordinarily enforced by the Chair 
in response to a point of order, the Chair may take the initiative in 
order to maintain proper decorum (Apr. 1, 1992, p. 7899; June 17, 2004, 
p. _). 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. 24, 1996, pp. 24483, 24485; Apr. 17, 1997, p. 5831). 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. 20, 1995, pp. 25825, 
25826; 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. 14300). 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 
Standards 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

[[Page [179]]]

Official Conduct (Apr. 1, 1992, p. 7899; Mar. 3, 1995, p. 6715; Sept. 
19, 1996, p. 23812; Sept. 24, 1996, p. 24317); (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).
  For precedents applicable to references in debate to the President, 
see Sec. 370, infra, or Members of the Senate, see Sec. 371, infra.
  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. 5831). 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; May 13, 2008, p. _). 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).

  * * * <> 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 Speakers have intervened to prevent 
it, in the earlier practice preventing even mildest imputations (V, 
5161,

[[Page [180]]]

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). Although in debate the assertion of one Member may be 
declared untrue by another, in so doing an intentional misrepresentation 
must not be implied (V, 5157-5160), and if stated or implied is 
censurable (II, 1305). 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 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 to 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 referred to during debate 
(Aug. 2, 1984, p. 22241). A Member may ask another to yield from any 
microphone in the

[[Page [181]]]

Chamber, including those in the well, so long as not crossing between 
the Member having the floor and the Chair (June 5, 1998, p. 11170). 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), because 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. 23293). Hissing and 
jeering is not proper decorum in the House (May 21, 1998, p. 10282). 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 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

[[Page [182]]]

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.

  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).


[[Page [183]]]


  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 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

[[Page [184]]]

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); (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. 27829); and Members 
must abstain from comparisons to the personal conduct of sitting Members 
of the House or Senate (Dec. 18, 1998, p. 27829). Furthermore, when 
impeachment is not the pending business on the floor, 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. 20171; Sept. 17, 1998, p. 20758), 
although they may refer to the communication, itself, within the 
confines of proper decorum in debate (Oct. 6, 1998, p. 23841).
  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; Sept. 7, 2006, p. _). Under this standard it 
is not in order to

[[Page [185]]]

call the President, or a presumptive major-party nominee for President, 
a ``liar'' or accuse such person 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. 3937; Nov. 14, 2002, p. 22370; July 
15, 2003, pp. 18172, 18173; Mar. 24, 2004, p. _). Indeed, any suggestion 
of mendacity is out of order. For example, the following remarks have 
been held out of order: (1) suggesting that the President misrepresented 
the truth, attempted to obstruct justice, and encouraged others to 
perjure themselves (Feb. 25, 1998, p. 2621); (2) accusing him of 
dishonesty (July 13, 2004, p. _; June 29, 2005, p. _), accusing him of 
making a ``dishonest argument'' (Sept. 12, 2006, p. _, charging him with 
intent to be intellectually dishonest (May 9, 1990, p. 9828), or stating 
that many were convinced he had ``not been honest'' (Mar. 5, 1998, p. 
2620); (3) accusing him of ``raping'' the truth (Apr. 24, 1996, p. 
8807), not telling the truth (Oct. 29, 2003, p. 26363), or distorting 
the truth (Sept. 9, 2003, pp. 21570-73); (4) stating that he was not 
being ``straight with us'' (Nov. 19, 2003, p. 29811); (5) accusing him 
of being deceptive (Mar. 29, 2004, p. _; Feb. 1, 2006, p. _) or using 
``deceptive rhetoric'' (Oct. 17, 2007, p. _), fabricating an issue (July 
6, 2004, p. _), or intending to mislead (Oct. 6, 2004, p. _; July 12, 
2007, p. _); (6) accusing him of intentional mischaracterization, 
although mischaracterization without intent to deceive is not 
necessarily out of order (July 19, 2005, p. _).
  Furthermore, the following remarks have been held out of order as 
unparliamentary references to the President, or to a presumptive major-
party nominee for President: (1) attributing to him ``hypocrisy'' (Sept. 
25, 1992, p. 27674; Apr. 26, 2006, p. _); (2) accusing him of giving 
``aid and comfort to the enemy'' (Jan. 25, 1995, p. 2352; May 6, 2004, 
p. _); (3) accusing him of ``demagoguery'' (Jan. 23, 1996, p. 1144; Jan. 
24, 1996, pp. 1220, 1221; May 30, 1996, pp. 12646, 12647); (4) calling 
him a ``draft-dodger'' (Apr. 24, 1996, pp. 8807, 8808; Sept. 30, 1996, 
p. 26603) or alleging unexcused absences from military service (May 5, 
2004, p. _), including allegations that the President was ``A.W.O.L.'' 
(Sept. 22, 2004, p. _); (5) describing his action as ``cowardly'' (Oct. 
25, 1989, p. 25817); (6) referring to him as ``a little bugger'' (Nov. 
18, 1995, p. 33974); (7) alluding to alleged sexual misconduct on his 
part (May 10, 1994, p. 9697; Feb. 25, 1998, p. 1828; Mar. 5, 1998, p. 
2620; May 18, 1998, p. 9418); (8) alluding to unethical behavior or 
corruption (e.g., June 20, 1996, p. 14829; July 9, 2002, p. 12286; Oct. 
29, 2003, pp. 26400-402), such as implying a cause-and-effect 
relationship between political contributions and his actions as 
President (e.g., May 22, 2001, p. 9028; Sept. 29, 2004, p. _), including 
an accusation that the President had ``lined the pockets'' of his 
``political cronies'' and filled ``campaign coffers'' (Sept. 14, 2005, 
p. _); (9) discussing ``charges'' leveled at the President or under 
investigation (Mar. 19, 1998, p. 4094; June 11, 1998, p. 12025), 
including alluding to ``fund-raising abuses'' (Mar. 14, 2000, p. 2716) 
or speculating that the Vice President might someday pardon the 
President for certain charges (Apr. 12, 2000, p. 5419); or discussing

[[Page [186]]]

alleged criminal conduct (Sept. 10, 1998, p. 19976) or ``illegal 
surveillance'' (June 20, 2006, p. _); (10) discussing personal conduct 
even as a point of reference or comparison (July 16, 1998, p. 15784; 
Sept. 9, 1998, p. 19735); (11) asserting that a major-party nominee had 
done something ``disgusting'' and ``despicable' (Mar. 11, 2004, p. _); 
(12) asserting that a major-party nominee is not ``a large enough 
person'' to apologize (Mar. 11, 2004, p. _) or that the President does 
not care about black people (Sept. 8, 2005, p. _); (13) describing his 
action as ``arrogant'' (Jan. 11, 2007, p. _; Mar. 22, 2007, p. _) or 
``mean-spirited'' (July 15, 2008, p. _); (14) equating his decisions 
with regard to armed conflict as him having ``slaughtered'' thousands 
(Mar. 8, 2007, p. _) or that a soldier's death was for his ``amusement'' 
(Oct. 18, 2007, 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 that would be improper if spoken in the Member's own 
words (Mar. 3, 1993, p. 3958; Nov. 15, 1995, p. 32587; May 2, 1996, p. 
10010; Mar. 17, 1998, p. 3799; July 15, 2003, p. 18170; Sept. 16, 2003, 
pp. 22151, 22152; Oct. 17, 2007, p. _). This prohibition includes the 
recitation of another Member's criticism of the President made off the 
floor (even if recited as a rebuttal to such criticism) (Dec. 17, 1998, 
p. 27775).
  The Chair has advised that the protections afforded by Jefferson's 
Manual and the precedents against unparliamentary references to the 
President, personally, do not necessarily extend to members of his 
family (July 12, 1990, p. 17206).
  References in debate to former Presidents are not governed by these 
standards (Nov. 15, 1945, p. 10735; June 27, 2002, pp. 11844, 11845).
  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 the capacity as a 
candidate (Speaker Foley, Sept. 24, 1992, p. 27344); and this policy has 
been extended to a presumptive major-party nominee for President (e.g., 
Apr. 22, 2004, p. _). However, references to the past statements or 
views of such nominee are not unparliamentary (May 6, 2004, p. _).
  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

[[Page [187]]]

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.

  Until former clause 1 of rule XIV (currently clause 1 of rule XVII) 
was amended in the 100th and 101st Congresses (H. Res. 5, Jan. 6, 1987, 
p. 6; H. Res. 5, Jan. 3, 1989, p. 72), this principle of comity and 
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). From 
the 101st Congress through the 108th Congress, clause 1 of rule XVII 
permitted some factual references that were a matter of public record, 
references to the pendency or sponsorship in the Senate of certain 
measures, factual descriptions concerning a measure under debate in the 
House, and quotations from Senate proceedings relevant to the making of 
legislative history on a pending measure. In the 109th Congress clause 1 
was amended to permit debate to include references to the Senate or its 
Members but within the general stricture that requires Members to avoid 
personality (sec. 2(g), H. Res. 5, Jan. 4, 2005, p. _). For a recitation 
of precedents under the former rule, see Sec. 371 of the House Rules and 
Manual for the 108th Congress (H. Doc. 107-284).
  Since the adoption of the new rule, the following references to 
Members of the Senate have been held unparliamentary: (1) accusing 
Senate Republicans of hypocrisy (May 16, 2005, p. _); (2) referring to 
Senate Democrats as ``cowardly'' (May 18, 2005, p. _); (3) accusing a 
Senator of making slanderous statements (June 17, 2005, p. _; June 21, 
2005, p. _); (4) attrib

[[Page [188]]]

uting to a Senator a list of offenses under investigation by the 
Securities and Exchange Commission (Oct. 18, 2005, p. _); (5) accusing a 
Senator of giving ``aid and comfort'' to the enemy (Dec. 13, 2005, p. 
_).
  It remains the duty of the Chair to call to order a Member who engages 
in personality with respect to a Senator (see Sec. 374, infra), and the 
Chair may admonish a Member for unparliamentary references even after 
intervening recognition (Oct. 12, 1999, p. 24954; Nov. 15, 2001, p. 
22596). Although the Chair is under a duty to caution Members against 
unparliamentary references, the Chair will not advise Members on how to 
construct their remarks to avoid improper references (Feb. 25, 2004, p. 
_).
  The prohibition against improper references to Senators includes (1) 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); (2) 
the reading of a paper making criticisms of a Senator (V, 5127); (3) a 
reference to another person's criticism of a Senator (Aug. 4, 1983, p. 
23145). Similarly, the Chair has consistently held that if references to 
the Senate are appropriate, the Member delivering them is not required 
to use the term ``the other body,'' (Oct. 4, 1984, p. 30047) and, by the 
same token, references to ``the other body'' will not cure 
unparliamentary references directed to the Senate (e.g., Oct. 2, 2002, 
p. 18913; Apr. 2, 2004, p. _).
  Under the earlier form of the rule, the Chair held that 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. 27829) and remarks in debate may not criticize 
words spoken in the Senate by one not a Member of that body in the 
course of an impeachment trial (V, 5106). After examination by a 
committee under the earlier form of the rule, 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). Under the earlier form of the rule, where a 
Member had been assailed in the Senate, he was 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 were entertained as a matter of 
privilege (V, 5129, 6980).
  The precise standard in former clause 1 of rule XIV for references to 
``individual Members of the Senate'' did not apply to references to 
former Senators (Dec. 14, 1995, p. 36968).
  The official policies, actions, and opinions of a Senator who is a 
candidate for President or Vice President (as, in modern practice, with 
one who is not) 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 in that context are not in order 
(Oct. 30, 1979, p. 30150).
  References in debate to the Vice President (as President of the 
Senate) are governed by the standards of reference permitted toward the 
President, as under the earlier form of the rule. As such, a Member may 
criticize

[[Page [189]]]

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. 15314; 
Sept. 20, 2000, p. 18639). For example, it is not in order to allude to 
``wrongdoings [including] fund-raising telephone calls by the Vice 
President'' (Mar. 14, 2000, p. 2716); to attribute to him a list of 
offenses under investigation by a special prosecutor (Oct. 18, 2005, p. 
_); to suggest that the House should investigate him in connection with 
government contracts awarded to his former employer (June 15, 2006, p. 
_); to speculate that he might someday pardon the President (Apr. 12, 
2000, p. 5419); to accuse him of lying (Sept. 20, 2000, p. 18639; Sept. 
21, 2000, p. 18789; Feb. 16, 2006, p. _; Mar. 6, 2007, p. _); to suggest 
``he has a problem with the truth'' (Oct. 5, 2000, p. 21014); to allege 
``unethical behavior'' or ``corruption'' (see, e.g., Oct. 29, 2003, pp. 
26400-402; Nov. 4, 2003, pp. 27070, 27071), including innuendo 
suggesting policy choices were made on the basis of personal pecuniary 
gain (July 7, 2004, p. _; Sept. 13, 2005, p. _) or accusations of abuse 
of power (July 14, 2004, p. _); to describe him as ``arrogant'' (June 
28, 2007, p. _; Sept. 25, 2008, p. _). The rule also precludes the 
insertion in the Record of a paper making improper references to the 
Vice President (Sept. 19, 2000, p. 18580).
   A Member may not read in debate extraneous material regarding the 
Vice President that would be improper if spoken in the Member's own 
words (Feb. 16, 2006, 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). Although on one occasion it was held that a 
resolution offered in the House requesting the Senate 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

[[Page [190]]]

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.

  A rule of comity prohibiting most references in debate to the Senate 
was first enunciated in Jefferson's Manual and was strictly enforced in 
the House through the 108th Congress (albeit with certain exceptions 
adopted in the 100th and 101st Congresses in the former clause 1(b) of 
rule XVII) (Sec. 371, supra and Sec. 945, infra). In the 109th Congress 
clause 1 was amended to permit references to the Senate or its Members, 
even critical references, so long as avoiding personality (sec. 2(g), H. 
Res. 5, Jan. 4, 2005, p. _). Nevertheless, it remains the duty of the 
Chair to call to order a Member who violates the rule in debate or 
through an insertion in the Record.
  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, 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. 24954). 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 House 
to proceed

[[Page [191]]]

in order (Speaker O'Neill, June 16, 1982, p. 13843). Under the earlier 
form of clause 1 of rule XVII, the Chair refused to respond to 
hypothetical questions as to the propriety of possible characterizations 
of Senate actions before 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; July 24, 2002, pp. 14299, 
14309). 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 [192]]]


  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 from 
debate when the Member's private interests are concerned in a pending 
measure, although clause 1 of rule III addresses voting 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.

  As described in Sec. Sec. 628 and 628a, infra, the Speaker has 
declined, on a difficult question of order, to rule until taking time 
for examination (III, 2725; VI, 432; VII, 2106; VIII, 2174, 2396, 3475), 
and may take a parliamentary inquiry under advisement, especially if not 
related to the pending proceedings (VIII, 2174; Apr. 7, 1992, p. 8274). 
However, 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

[[Page [193]]]

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

<>   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:hd162-24]                         

                     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). If 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 purpose; or to have the House told 
when there

[[Page [194]]]

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, because 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 chair 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, 
sometimes comes to a resolution that no new bill be

[[Page [195]]]

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, because 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 that 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 conventional among those who are willing to

[[Page [196]]]

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 also has 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 also has 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 
(current rule XXIX) when the House recodified its rules in the 106th 
Congress (H. Res. 5, Jan. 6, 1999, p. 75, see Sec. 1105, 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 (July 25, 2002, p. 14645), usually preferring 
that its Members go individually (V, 7061-7064) or that it be 
represented by a committee (V, 7053-7056) or other delegation (May 28, 
1987, p. 14031). It has discussed, but not settled, its power to compel 
a Member to accompany it outside 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 [197]]]
[DOCID:hd162-25]                         

                           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 in which 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 [198]]]

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

  Before 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:hd162-26]                         

                             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 (see Sec. 904, infra); and clause 1 of the same rule provides 
that the motion shall be reduced to writing on the demand of any Member 
(see Sec. 902, infra). 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

[[Page [199]]]

order in another to interrupt him, unless by calling 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 are in force.




[DOCID:hd162-27]                         

                          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 [200]]]


  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 (Dec. 20, 1982, p. 32875), providing for joint session to 
receive message from the President (VIII, 3335, 3336), authorizing the 
printing of congressional documents (July 1, 1969, p. 17948); 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 that 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, because 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 
overtaken by another enactment (H. Con. Res. 234, adopted by the House 
on Nov. 18, 1999, p. 30719). 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), 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 and incidental purposes (V, 7319), continuing 
appropriations (H.J. Res. 790, P.L. 91-33); establishing the date for 
convening of Congress (H.J. Res. 1041, P.L. 91-182); extending the 
submission date under law for transmittal of a report to Congress by the 
President (H.J. Res. 635, P.L. 97-469); and extending the termination 
date

[[Page [201]]]

for a law (H.J. Res. 864, P.L. 91-59). 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 vote 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:hd162-28]                         

                  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 because rule XII provides 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 system of permitting Members to 
introduce at will bills for printing and reference began to develop (IV, 
3365).




[DOCID:hd162-29]                         

                     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

[[Page [202]]]

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:hd162-30]                         

                     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.
  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

[[Page [203]]]

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:hd162-31]                         

                      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 that 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.

  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

[[Page [204]]]

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 inapplicable in the House because committees have 
majority and minority representation (IV, 4467, 4477, footnote).

  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.

  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, because the order of 
business does not provide for such a motion.
  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 chair 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).

[[Page [205]]]

  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 if 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. 792, 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 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 frequently than monthly, 
under clause 2(b) of rule XI), and additional meetings may be called by 
the chair as deemed necessary or by a majority of the committee in 
certain circumstances (clause 2(c) of rule XI). If a committee has a 
fixed date of meeting, a quorum of the committee may convene on such 
date without call of the chair and transact business regardless of the 
absence of the chair (VIII, 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 chair, call a meeting of the committee 
on the same day (VIII, 2213). For restrictions on committee action 
during a joint meeting or joint session, see clause 2(i) of rule XI.

[[Page [206]]]

  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).
   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 in which 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).
  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). A resolution alleging that a 
committee report on a bill contained descriptions of recorded votes on 
certain amendments as prescribed by clause 3(b) of rule XIII that 
deliberately mischaracterized the amendments, and directing the chair of 
the committee to file a supplemental report to change those 
descriptions, qualified as a question of the privileges of the House 
(May 3, 2005, p. _).
  It is the duty of the chair of each committee to report or cause to be 
reported promptly any measure approved by the 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).
  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 
by those concurring in them (IV, 4671; VIII, 2229).
  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 the Speaker may decide the question if satisfied of 
the validity or of the invalidity of the authorization (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 the 
Speaker 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).

[[Page [207]]]

  Where a question was raised regarding a chair'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 chair 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 chair 
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, pp. 18698; July 23, 2003, p. 
19171, 19172).

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

  A majority quorum is required in certain circumstances, such as 
reporting a measure or recommendation (clause 2(h) of rule XI); 
authorizing a subpoena (clause 2(m) of rule XI); closing 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); 
requesting immunity for a witness (18 U.S.C. 6005); releasing executive-
session material (clause 2(k)(7) of rule XI); and proceeding in open 
session after an assertion under clause 2(k)(5) of rule XI. 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).
  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, 
338 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 if 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).


[[Page [208]]]


  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.

  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). Formerly, a committee 
could close its doors in executive session meetings to persons not 
invited or required, including Members of the House who were not members 
of the committee (III, 1694; IV, 4558-4565; see discussion at IV, 4540).

  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.

  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,

[[Page [209]]]

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.

  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 before 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

[[Page [210]]]

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).

  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 inti

[[Page [211]]]

mated 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 
remains 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, because the 
question on passage covers the preamble as well as the resolving clause 
(V, 6147, 6148; 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). 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,

[[Page [212]]]

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 chair 
of each committee to report or cause to be reported promptly any measure 
approved by the 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 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 chair (IV, 4669), or by 
any other member of the committee (IV, 4526), even one from the minority 
party (IV, 4672, 4673; VIII, 2314). A committee report may be filed by a 
Delegate (July 1, 1958, p. 12870). Only the chair 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 that 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

[[Page [213]]]

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 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:hd162-32]                         

                     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 alter

[[Page [214]]]

ations 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 chair or other member of the committee from the floor 
(clause 5 of rule XIII). Except as provided in clause 2(c) of rule XIII, 
committee reports must be submitted while the House is in session; and 
this requirement may be waived by only by order of the House (by rule, 
suspension, or unanimous consent but not by motion) (Dec. 17, 1982, p. 
31951). Subject to availability requirements under clause 4 and timing 
considerations under clause 6 of rule XIII, all reports privileged under 
clause 5 of rule XIII may be called up for consideration immediately 
after being filed (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34406). For 
a discussion of the three-day layover rule, see Sec. 850, infra.

  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:hd162-33]                         

                     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

[[Page [215]]]

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 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 
(except under extraordinary circumstances), (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).





[[Page [216]]]
[DOCID:hd162-34]                         

                    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 
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, bills, joint resolutions, concurrent resolutions, and 
simple resolutions come before the House for action although 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, because 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,

[[Page [217]]]

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 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. 16216).




[DOCID:hd162-35]                         

                        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

[[Page [218]]]

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 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). If 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

[[Page [219]]]

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 motion 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 con

[[Page [220]]]

tinues 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 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 consid

[[Page [221]]]

ered (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).
  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. 413, 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.




[DOCID:hd162-36]                         

              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 [222]]]

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

  In the House the Clerk and not the Speaker or chair 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 [223]]]


  In <> the 
House there are two other means of testing strength: raising the 
question of consideration when the bill first comes up (clause 3 of rule 
XVI), and moving to strike 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:hd162-37]                         

                       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 [224]]]


  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). But in a few cases, in which 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).

  Formerly, <> when 
papers were referred to a committee, they used to be first read; but of 
late only the titles, un

[[Page [225]]]

less 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:hd162-38]                         

                    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 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

[[Page [226]]]

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 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'' were part of the regular and daily order of 
business (IV, 3151). Although a mention of them has survived in clause 1 
of rule XIV, they 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'' is also used separately 
to describe permission to address the House at the conclusion of 
legislative business.
  After <> these there are other privileged questions, which will 
require considerable explanation.

[[Page [227]]]

  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.

  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.


[[Page [228]]]


  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 that 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 that 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, 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).


[[Page [229]]]


  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:



                 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 motion shall be received, unless it be for the 
previous question, or to postpone, commit, or amend

[[Page [230]]]

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 }>


  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

[[Page [231]]]

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.

  Although 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.
  The fourth class. Amendment of the main question first moved, and 
afterwards the pre

[[Page [232]]]

vious 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.

  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,

[[Page [233]]]

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.

  Although the general principle that one secondary or privileged motion 
should not be applied to another is generally recognized in the House, 
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 because 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 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.

[[Page [234]]]

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.

  * * * 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

[[Page [235]]]

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, 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

[[Page [236]]]

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 
substitute. 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 amend

[[Page [237]]]

ments changing other portions of the resolution that 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, 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).
  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 and the practice thereunder, confirm and amplify the 
principles of this provision of the parliamentary law.

[[Page [238]]]

<>   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-
965, 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 right withdraw a motion.




[DOCID:hd162-39]                         

                    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 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.


[[Page [239]]]


  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 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

[[Page [240]]]

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:hd162-40]                         

                          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 
amendment 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

[[Page [241]]]

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).

  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, but is always 
whether the words shall be stricken; and if there is a desire that 
certain

[[Page [242]]]

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 a lesser portion thereof, 
and the perfecting amendment is voted on first (June 11, 1975, p. 
18435). And when a motion to strike certain words is disagreed to, it is 
in order to move to strike a portion of those words (V, 5769); but when 
it is proposed to strike 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 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, 
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 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

[[Page [243]]]

be considered as adopted, an amendment to strike that provision is not 
in order (May 23, 2002, pp. 8920-24). 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 that 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 
that 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. 4335), or to amend unamended portions that 
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. 4335). Where the vote on 
an amendment to strike a section and insert new language is postponed by 
the chair 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. 
19125).
  When it is proposed to perfect a paragraph, a motion to strike it, 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. 18074). 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 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 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,

[[Page [244]]]

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 a paragraph is pending and the paragraph is perfected by an 
amendment, striking and inserting an entire new text, the pending motion 
to strike must fall, because it would not be in order to strike 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 and insert a 
portion of a pending section is not in order as a substitute for a 
motion to strike 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 (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.

  Clause 5(c) of rule XVI provides that the motion to strike and insert 
is not divisible. As to the manner of stating the question, the Clerk 
reads only the words to be stricken and the words to be inserted.

  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

[[Page [245]]]

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 and insert it is not necessary 
to inquire, because clause 5(c) of rule XVI forbids division of that 
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 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 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, pp. 19098-107).
  The principle <> set forth by Jefferson as to repetition of the motion to 
strike prevails in the House, where it has been held in order, after the 
failure of a motion to strike certain words, to move to strike a portion 
of those words (V, 5769; VIII, 2858). When a bill is under consideration 
by paragraphs, a motion to strike can apply only to the paragraph under 
consideration (V, 5774).


[[Page [246]]]


  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.

  Although 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 the pending title of a bill and re-insert all 
sections of that title except one is not in order if 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

[[Page [247]]]

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 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 a part of the words of 
this amendment with other words of the paragraph (V, 5766).

[[Page [248]]]

  The motion to strike 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. 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., June 
16, 1999, p. 13080).

  * * * 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).

  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 that may be 
altered by amend

[[Page [249]]]

ment. 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:hd162-41]                         

                  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. 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. 
Although 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).


[[Page [250]]]


  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 
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

[[Page [251]]]

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.
  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.


[[Page [252]]]


  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:hd162-42]                         

                    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 
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

[[Page [253]]]

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:hd162-43]                         

                   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 decision 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 as an 
illustration is no longer justified, because the practice of the House 
under clause 5(c)

[[Page [254]]]

of rule XVI does not permit the negative of the motion to strike 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, 6172-6174), 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

[[Page [255]]]

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 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:hd162-44]                         

                        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.


[[Page [256]]]


  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.

  After the Chair has put the affirmative part of the question, any 
Member who seeks to debate the matter or offer a motion may be 
recognized (V, 5925; June 22, 2006, p. _), and such recognition is not 
subject to appeal (June 22, 2006, p. _). On one occasion, the Chair 
refused to entertain a motion to lay on the table after putting the 
affirmative part of the pending question where the Chair had affirmed 
the admissibility of that motion before putting the main question, and 
that motion nevertheless was not then offered (Sept. 20, 1979, p. 
25512). Where not pertinent to the pending parliamentary situation, a 
parliamentary inquiry regarding whether the Chair heard the ayes on a 
prematurely-commenced vote by voice was not entertained (June 22, 2006, 
p. _).

  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:hd162-45]                         

                      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.
  The usage of the Senate is not to put bills on their passage till 
noon.

[[Page [257]]]

  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 are 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 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.

[[Page [258]]]

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


[[Page [259]]]


  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.

  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

[[Page [260]]]

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. Title amendments are transacted following 
passage (Sec. 512, infra).




[DOCID:hd162-46]                         

                     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 [261]]]

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 [262]]]

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 discretionarily orders the 
utilization of other prescribed procedures.


[[Page [263]]]


  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 also has 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 [264]]]


  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 the call of the 
Private Calendar on the first Tuesday of each month (clause

[[Page [265]]]

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).

  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.

  Although 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 [266]]]
[DOCID:hd162-47]                         

                            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:hd162-48]                         

                       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 [267]]]

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 [268]]]

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 [269]]]

  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:hd162-49]                         

                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, because 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 [270]]]


  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:hd162-50]                         

                 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 [271]]]

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).
  If both <> Houses insist and neither ask a conference nor recede, the 
bill fails (V, 6228). If 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 [272]]]


  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, because 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 previously had 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 [273]]]

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 [274]]]


  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.
  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 that 
has passed both Houses (V, 6182).

<>   A motion to amend an amendment from the other 
House takes precedence of a motion to agree or disagree.


[[Page [275]]]


  This is the rule of the House if the stage of disagreement has not 
been reached (V, 6164, 6169-71; VIII, 3202), or if 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).
  Before 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 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;

[[Page [276]]]

(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. 
Although the House may adhere, adherence is seldom utilized (because 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, because 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 that 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, if 
the House has concurred in a Senate amendment to a House bill with 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 
because 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

[[Page [277]]]

conferees have reported (the House may unilaterally discharge its 
conferees and consider the bill, if 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 because 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, 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 that 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

[[Page [278]]]

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 in which 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 chair 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 incorporating by reference the text of an 
introduced House bill was offered (Nov. 14, 2002, p. 22409).
  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. Although 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 and each portion may be separately debatable (Oct. 
5, 1978, 33698-701). If the House agrees to recede, a motion to concur 
with an

[[Page [279]]]

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, the manager 
should not be entitled to offer two motions, one preferential to the 
other, to be pending at the same time. However, where the manager's 
first motion to insist on disagreement has been superseded by the 
House's voting to recede from disagreement, then the initial motion is 
no longer pending; and the manager 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 in which the bill manager offers a motion to dispose of a 
Senate amendment that 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 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

[[Page [280]]]

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-
6178). For a discussion of the attitude of the Senate on this topic, see 
October 31, 1991 (p. 29494).




[DOCID:hd162-51]                         

                         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).
  Although 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

[[Page [281]]]

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 
that is in possession 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, in which 
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, in which 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 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

[[Page [282]]]

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 primary committee and all reporting committees of initial referral 
and if the Speaker chooses to recognize for that purpose. Under clause 
2(a)(3) of rule XI, a committee may adopt a rule providing that the 
chair be directed to offer a motion under clause 1 of rule XXII. A 
motion under the latter clause may be repeated, if again authorized by 
the relevant committees, 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).
  Although 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). Although 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). Although the appointment of 
conferees, both as to their number and composition, is within the 
discretion of the Chair (Speaker Garner, June 24, 1932, p. 13876; 
Speaker Martin, July 8, 1947, p. 8469), and although a point of order 
will not lie against the exercise of this discretion (VIII, 2193, 3221), 
the Speaker

[[Page [283]]]

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 the appointments to members of the 
committee in charge of the bill (V, 6370). In one case, in which 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). If 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 at the termination of a session, 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 record the justification of each House to the nation at 
large and to posterity and in proof that

[[Page [284]]]

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 in which 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 in which 
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 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

[[Page [285]]]

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). A Member may 
not be recognized for a unanimous-consent request to modify a pending 
motion to instruct unless yielded to for that purpose by the proponent 
(Mar. 29, 2006, p. _). 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); and the ruling out of such a motion 
does not preclude the offering of a proper motion (VIII, 3235; Dec. 7, 
2005, p. _); but one motion having been considered and disposed of, 
further motions are not in order (VIII, 3236). The restriction on 
further motions 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 if two minority 
members of the reporting committee seek recognition to offer a motion to 
instruct conferees before 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).

  * * * 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 [286]]]


  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 
the manager 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. 20333).
  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). 
Although under the earlier practice, when conferees reported in complete 
disagreement, the amendments in disagreement were considered available

[[Page [287]]]

for immediate disposition (VIII, 3299, 3332), the current practice (as a 
result 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 if the amendment in issue strikes 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). If 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, pp. 22408, 22409). 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. 22408).
  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. 22409).

[[Page [288]]]

  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 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, pp. 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. Public Law 110-81 amended it to provide a new 
procedure (see, e.g., Nov. 7, 2007, p. _).
  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 meeting except if 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). Clause 12(a)(3) of rule XXII 
provides additional statements on the meetings, discussions, and 
signatures of House managers. Clause 13 of rule XXII provides a point of 
order against consideration of a conference report that differs in a 
non-clerical manner from the version placed before the House managers 
for signature.
  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 con

[[Page [289]]]

ference report but also sundry motions to dispose of amendments reported 
from conference in disagreement (June 18, 1992, p. 15453). Although 
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 in 
which the Senate had adopted a report recommending 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 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 (Sec. 1088, 
infra); and, under clause 7(d) of rule XXII, a motion to instruct may 
not contain argument (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

[[Page [290]]]

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 that clause 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, 1090, infra).

  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,

[[Page [291]]]

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. * * *

  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), because 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 in both Houses, 
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).

[[Page [292]]]

  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, 
because it seemed proper for the asking House to take the first action 
(V, 6573). 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 
ad

[[Page [293]]]

dress 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, 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:hd162-52]                         

                          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, and amended in the 111th Congress, to authorize the Clerk to 
receive messages at any time that the House is not in session (H. Res. 
5, Jan. 5, 1981, p. 98) or in recess (H. Res. 5, Jan. 6, 2009, p. _).

<>   * * * 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

[[Page [294]]]

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 vote by division. 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), 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 
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 title, after the messenger, with an inclination, has 
addressed the 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

[[Page [295]]]

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, may qualify as privileged in the House or may be disposed of by 
unanimous consent (III, 2613; V, 6605; Deschler, ch. 32, Sec. 2; Oct. 1, 
1982, p. 27172; May 20, 1996, p. 11809). For example: (1) 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. 8386) or to the end 
that the bill be recommitted to committee (July 15, 2004, p. _); (2) the 
House by unanimous consent directed its Clerk to correct an error in a 
message to the Senate (V, 6607); (3) 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); (4) 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); (5) 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); (6) the Speaker laid before the House as privileged a 
message from the Senate requesting the return of a Senate bill that 
included provisions intruding on the constitutional prerogative of the 
House to originate revenue measures (Oct. 19, 1999, p. 25901; Sept. 28, 
2004, p. _; Sept. 30, 2004, p. _); (7) where the engrossment failed to 
depict certain action of the House, the House considered and agreed to a 
privileged resolution requesting the Senate to return the engrossment of 
a House bill (July 15, 2004, p. _) and a House-passed Senate bill (Oct. 
8, 2004, p. _); (8) the Speaker laid before the House as privileged a 
message from the Senate requesting the return of Senate amendments to a 
House bill where the engrossment failed to properly depict the action of 
the Senate (July 12, 2005, 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

[[Page [296]]]

till they shall be called for to be read. Hakew., 178.

  In the House the message goes to the Speaker's table for disposition 
under clause 2 of rule XIV. The Speaker does not acquaint the House, 
because it has already heard the message.

  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 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 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).


[[Page [297]]]


  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.

  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 is rarely 
exercised, to suspend a roll call in order to receive a message from the 
President.





[[Page [298]]]
[DOCID:hd162-53]                         

                           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 presented 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), 
but a resolution seeking such a determination may be privileged (Oct. 8, 
1991, p. 25761).

  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 
before 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,

[[Page [299]]]

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 
before the last six days, a joint resolution waiving 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. 24735). 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., P.L. 106-554). Only 
in a very exceptional case have the two Houses waived the 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). 
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).

[[Page [300]]]

  A Speaker pro <> tempore elected by the House (II, 
1401), or whose designation has received the approval of the House (II, 
1404; VI, 277; clause 8 of rule I), 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 chair 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. 25). 
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 (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). 
Enrollments presented at the close of the 97th Congress were signed by 
the President after the convening of the 98th Congress.




[DOCID:hd162-54]                         

                           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.

[[Page [301]]]

  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 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

[[Page [302]]]

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.

  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:hd162-55]                         

                           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

[[Page [303]]]

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 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 said certain day as a legislative day (IV, 
3192). And an adjournment at a time before 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 speci

[[Page [304]]]

fied 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). 
For the Speaker's authority to declare an emergency recess when notified 
of an imminent threat to the safety of the House, see Sec. 639, infra.

  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.




[DOCID:hd162-56]                         

                           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.

[[Page [305]]]

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 constituting them commissioners for the particular purpose.

  The House may empower a committee to sit during a recess that is 
within the constitutional term of the House (IV, 4541-4543), but not 
thereafter (IV, 4545). A commission created by law may operate beyond 
the term of the Congress in which it was created (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 adjournment sine die.

  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

[[Page [306]]]

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. 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 an adjournment sine die. See Sec. 1106, 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). Before 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 wheth

[[Page [307]]]

er 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.

  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:hd162-57]                         

                           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

[[Page [308]]]

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 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 other

[[Page [309]]]

wise 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 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

[[Page [310]]]

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 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 before such abrogation, 
does not constitute a question of the privileges of the House under rule 
IX (June 6, 2002, pp. 9492-98 (sustained by tabling of appeal)).


[[Page [311]]]


  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.

  The Senate now has rules governing its procedure on treaties.




[DOCID:hd162-58]                         

                         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

[[Page [312]]]

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, 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.


[[Page [313]]]


  In the <> House various events have been credited with setting an 
impeachment in motion: 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); charges preferred by a memorial, which is usually 
referred to a committee for examination (III, 2364, 2491, 2494, 2496, 
2499, 2515; VI, 543); a resolution introduced by a Member and referred 
to a committee (Apr. 15, 1970, p. 11941; Oct. 23, 1973, p. 34873); a 
message from the President (III, 2294, 2319; VI, 498); charges 
transmitted from the legislature of a State (III, 2469) or territory 
(III, 2487) or from a grand jury (III, 2488); or 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 because 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 before 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 
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. 20020). 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. 24679). 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, pp. 21560-62; Nov. 6, 2007, p. _; June 10, 
2008, p. _; July 15, 2008, 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; July 15, 2008, _ (see June 10, 
2008, _)), previous action of the House not affecting it (III, 2053). As 
such, a report of the Committee on

[[Page [314]]]

the Judiciary accompanying an impeachment resolution is filed from the 
floor as privileged (Dec. 17, 1998, p. 27819), and is called up as 
privileged (Dec. 18, 1998, p. 27828). 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. 28107). 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. 21560).
  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. 
28112), 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. 
14), empowering managers to hire special legal and clerical personnel 
and providing for their pay, and to carry out other responsibilities 
(Jan. 3, 1989, p. 84; Dec. 19, 1998, p. 28112; Jan. 6, 1999, p. 240), 
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. 24679). 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(j)(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).

[[Page [315]]]

  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) or has 
referred to committee an impeachment resolution raised as a question of 
privilege (Nov. 6, 2007, p. _; June 11, 2008, p. _). 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, but 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. 20020). 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, pp. 24679, 24735).
  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 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 chair 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 chair and members of the committee for their efforts (Aug. 20, 1974, 
p. 29361).

[[Page [316]]]

  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. 27829). A 
resolution setting forth four separate articles of impeachment may be 
divided among the articles (Dec. 19, 1998, p. 28110).
  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 
(III, 2445) or nine (July 22, 1986, p. 17306) or 13 (Dec. 19, 1998, p. 
28112). These Members in two notable cases represented the majority 
party alone (e.g., Dec. 19, 1998, p. 28112), 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 into a single indivisible privileged resolution (H. Res. 614, 
Dec. 19, 1998, p. 28112; H. Res. 10, Jan. 6, 1999, p. 240).
  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.


[[Page [317]]]


  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. 37). 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. 272). 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. 
272); and (2) the two articles of impeachment (H. Res. 611, Jan. 7, 
1999, p. 273). Thereupon, the managers requested the Senate take order 
for trial (Jan. 7, 1999, p. 273).
  The Senate adopted a resolution governing the initial impeachment 
proceedings of President Clinton (S. Res. 16, Jan. 8, 1999, p. 349). 
Later it adopted a second resolution governing the remaining proceedings 
(S. Res. 30, Jan. 28, 1999, p. 1843). 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 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. 357). Pursuant to the 
previous order of the Senate (S. Res. 16, Jan. 8, 1999, p. 349), the 
House managers were recognized for 24 hours to present their case in 
support of conviction and removal (Jan. 14, 1999, p. 521); counsel for 
the President was then recognized for 24 hours to

[[Page [318]]]

present the President's defense (Jan. 19, 1999, p. 1055); 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. 
1244). 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. 
1250; Jan. 23, 1999, p. 1320). The Senate adopted a motion to consider a 
motion to dismiss in executive session (Jan. 25, 1999, p. 1339), and the 
motion to dismiss was defeated (Jan. 27, 1999, p. 1397). The Senate 
adopted a motion to consider a motion of the House managers to subpoena 
witnesses in executive session (Jan. 26, 1999, p. 1370). 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 the President at a deposition (Jan. 26, 1999, p. 1370).
  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. 1453). 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. 1817); 
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. 4, 1999, p. 1817). 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. 1827). 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. 1817). 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. 1827); 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. 1827). By unanimous consent the Senate printed

[[Page [319]]]

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. 1827). 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. 1954). After closing arguments, the Senate adopted a motion 
to consider the articles of impeachment in closed session (Feb. 9, 1999, 
p. 2055). After closed deliberations the Senate Clerk read the articles 
of impeachment in open session, and each Senator voted ``guilty'' or 
``not guilty'' on each article (Feb. 12, 1999, p. 2375). 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. 2375). The 
Senate communicated to the House and the Secretary of State the judgment 
of the Senate (Feb. 12, 1999, p. 2375).
  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, p. 29126; Jan. 7, 1999, p. 272). 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. 240). 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

[[Page [320]]]

(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 that 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., 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

[[Page [321]]]

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 (VI, 511, 524; Apr. 11, 1936, pp. 5370-86; Oct. 7, 1986, 
p. 29149), or may not appear at all (III, 2307, 2333, 2393). In case the 
accused does not appear the House does not ask that the accused be 
compelled to appear (III, 2308), but the trial proceeds as on a plea of 
``not guilty.'' The writ of summons to the accused recites the articles 
and notifies the accused to appear at a fixed time and place and file an 
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 chair 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. 349); 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 inquiry 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

[[Page [322]]]

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, pp. 359-361). 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 also has filed a protest instead of pleading on the 
merits (III, 2461), but 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

[[Page [323]]]

standard of proof in an impeachment trial, and to postpone the 
impeachment trial) before voting in open session to dispose of those 
motions (Oct. 7, 8, 1986, pp. 29151, 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, 506 U.S. 224 (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.

  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

[[Page [324]]]

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, 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. 272). In response to an 
objection raised by a Senator, the Chief Justice held that

[[Page [325]]]

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. 580).
  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. 272).
  In impeachments for officers other than the President of the United 
States the presiding officer of the Senate presides, whether being 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, 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. 272).

  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

[[Page [326]]]

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). Although 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 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,

[[Page [327]]]

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 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,

[[Page [328]]]

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, 
because 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 
removal from office (H. Res. 1333, 93d Cong., Aug. 20, 1974, p. 29361) 
or for both removal and disqualification from holding any future office 
(H. Res. 611, 105th Cong., Dec. 19, 1998, p. 27828).

  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 Congress (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); (4) the impeachment of President 
Clinton was presented to the Senate after the Senate had adjourned sine 
die for the 105th Congress (Jan. 6, 1999, p. 14), and the Senate 
conducted the trial in the 106th Congress (Jan. 7, 1999, p. 272). 
Although 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. 15).

[[Page [329]]]


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

                  RULES OF THE HOUSE OF REPRESENTATIVES

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

[[Page [331]]]

    RULES OF THE HOUSE OF REPRESENTATIVES, WITH NOTES AND ANNOTATIONS

                               __________



[DOCID:hd162-59]                         

                                 Rile I
                              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 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, 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. 47). A gender-based reference was eliminated in 
the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _).

[[Page [332]]]

  The hour of meeting is fixed by standing order, and was traditionally 
set at noon (I, 104-109, 116, 117; IV, 4325); but beginning in the 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 (e.g., H. 
Res. 7, Jan. 4, 1977, p. 70). 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. The House may 
provide for a session of the House on a Sunday, traditionally a ``dies 
non'' under the precedents of the House (e.g., Dec. 17, 1982, p. 31946; 
Dec. 18, 1987, p. 36352; Oct. 10, 1998, p. 25483). Beginning in the 
second session of the 103d Congress, the House has by unanimous consent 
agreed to convene earlier on Mondays and Tuesdays for morning-hour 
debate and then recess to the hour established for convening under a 
previous order (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). Before the 96th Congress, clause 1 of rule I directed the 
Speaker to announce the 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 before the 
reading of the Journal (IV, 2733; VI, 625) or during its reading (VI, 
624). In the 96th Congress, the House eliminated the necessity for the 
appearance of a quorum before the Speaker's announcement of the 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).
  Before 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

[[Page [333]]]

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 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 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; clause 7(a) of 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).

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. 47).
  The Speaker may name a Member who is disorderly, but may not, of the 
Speaker's own authority, censure or punish the Member (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). The Speaker, as an 
exercise of authority under this clause, has on initiative declared the 
House in recess in an emergency (Speaker Martin, Mar. 1, 1954, p. 2424; 
see also Speaker Rayburn, Mar. 1, 1943, p. 1487 (air-raid drill)). A 
former Member must observe the rules of decorum while on the floor, and 
the Speaker

[[Page [334]]]

may request the Sergeant-at-Arms to assist in maintaining such decorum 
(Sept. 17, 1997, pp. 19026, 19027).
  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. 19543; Oct. 
10, 2002, p. 20274). Occupants of the gallery are not to manifest 
approval or disapproval of, or otherwise disrupt, proceedings on the 
floor (see, e.g., Speaker Foley, June 12, 1990, p. 13593) and the 
Speaker may quell such demonstrations before the adoption of the rules 
(Speaker Gingrich, Jan. 4, 1995, p. 454).
  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 that is not being utilized 
during debate (Apr. 1, 1982, p. 6304; Apr. 19, 1990, p. 7402). The 
Speaker's responsibility to preserve decorum requires the disallowance 
of exhibits in debate that would be demeaning to the House, or to any 
Member of the House, or that 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,'' including a Member's child (see Sec. 678, infra). The 
Chair also has cautioned Members to refrain from using audio devices 
during debate (May 24, 2005, 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. 14417; Speaker Hastert, June 12, 
2003, p. 14576). 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. 14627). 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 chair 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

[[Page [335]]]

during debate on a measure (May 20, 1999, p. 10280). 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). 
See also Sec. 962, infra.
  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 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. 12965; Oct. 2, 2003, pp. 23949, 
23950), 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 before 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 pro

[[Page [336]]]

ceed 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. 47).
  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. 17466). The Speaker has announced standards for 
use of the Chamber when the House is not in session (Speaker Pelosi, 
Jan. 6, 2009, p. _).

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

[[Page [337]]]

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. 
47).
  Enrolled <> bills are 
signed first by the Speaker (IV, 3429) or a Speaker pro tempore under 
clause 8 of rule I. For precedents relevant to the signing of enrolled 
bills before this clause was amended to permit the Speaker to sign at 
any time, see IV, 3458, and V, 5705. Before the adoption of clause 
2(d)(2) of rule II (enabling the Clerk to examine enrolled bills), the 
House authorized the Speaker to sign an enrolled bill before the 
Committee on Enrolled Bills could attest to its accuracy (IV, 3452). In 
cases of error the House has permitted the Speaker's signature to be 
vacated (IV, 3453, 3455-3457; VII, 1077-1080).
  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; e.g., H. Res. 611, Dec. 19, 
1998, p. 28112); 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 under clause 2(m) of rule XI need only be signed 
by the chair of that committee, whereas when the House issues an order 
or warrant, the summons is issued under the hand and seal of the 
Speaker, and it must be attested by the Clerk (III, 1668; see H. Rept. 
96-1078, p. 22).

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. 47).

[[Page [338]]]

  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). For 
example, the Chair declined to entertain a point of order that a motion 
to recommit was not germane before any nongermane portion of the motion 
had been read (May 9, 2003, p. 11110); and a motion to recommit with 
instructions was ruled out of order before the entire motion had been 
read as a matter of form where a special order of business precluded 
instructions (May 6, 2004, p. _). 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 taking 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. 25420). 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 
(e.g., July 18, 1995, p. 19335; June 22, 2000, p. 12078; Oct. 16, 2003, 
p. _). Members must address the Chair and cannot engage in colloquies on 
the point of order (e.g., Sept. 18, 1986, p. 24083; Oct. 16, 2003, p. 
_), nor can they offer pro forma amendments to debate the point of order 
(July 21, 1998, p. 16369; June 27, 2007, 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. 8493, 8494; 
July 24, 1998, p. 17278; June 12, 2008, 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. 
14095). 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. 17278). If a Member 
incorrectly demands the ``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). Although the Chair will normally not disregard a 
decision of the Chair previously made on the same facts (IV, 4045), such 
precedents may

[[Page [339]]]

be examined and reversed if 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. 9129), 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), or on the propriety or expediency of a 
proposed course of action (II, 1275, 1325, 1326, 1337; IV, 3091-3093, 
3127).
  Also, the Chair does not rule on: (1) the constitutional power of the 
House (II, 1490; IV, 3507), such as the constitutional authority of the 
House to propose a rule of the House, such matter appropriately being 
decided by way of the question of consideration or disposition of the 
proposal (Jan. 4, 2005, p. _); (2) the constitutional competency of 
proposed legislation (II, 1255, 1318-1322, VI, 250, 251; VIII, 2225, 
3031, 3427; July 21, 1947, pp. 9522, 9551; May 13, 1948, p. 5817; Oct. 
10, 1998, p. 25424); (3) the constitutional rights of Members (VIII, 
3071).
  The Chair is not required to decide a question not directly presented 
by the proceedings (II, 1314). Furthermore, it is not the duty of the 
Chair 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. 3283) 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 if 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. 10377); (3) the admissibility under 
clause 2 of rule XXI of an amendment already pending (July 29, 1998, p. 
17963), against which all points of order had been waived (July 27, 
1995, p. 20800); (4) the admissibility of an amendment at a future date, 
pending a ruling of the Chair on its immediate admissibility (June 25, 
1997, p. 12488). The Chair will not declare judgment on the propriety of 
words taken down before they are read to the House (Sept. 21, 2001, p. 
17613). The Chair does not take cognizance of complaints relating to 
pairs (VIII, 3087). The Chair 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

[[Page [340]]]

of committees, the Chair 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 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 (formerly 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. 25). 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 if the 
Chair is not aware of the executive-session status of the information 
(Nov. 5, 1997, p. 24648). 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. 
29537).
  Under long practice, 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). 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 (Speaker Gingrich, 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 28, 2000, p. 12649; Mar. 
8, 2001, p. 3229; May 22, 2002, p. 8681; Oct.

[[Page [341]]]

17, 2003, pp. 25031, 25032). 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. 8681; Oct. 17, 2003, pp. 25031, 25032). 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. 19343).
  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. 28107), and rarely 
takes initiative to raise and submit a question (II, 1277, 1315, 1316; 
VIII, 3405). Even as to questions of privilege the Speaker 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).
  Recognition <> for parliamentary inquiry lies 
in the discretion of the Chair (VI, 541; Apr. 7, 1992, p. 8273). As 
such, the Chair may recognize for a demand for the yeas and nays rather 
than entertain a parliamentary inquiry (Aug. 4, 2007, p. _). The Speaker 
may recognize and respond to a parliamentary inquiry although the 
previous question may have been demanded (Mar. 27, 1926, p. 6469). 
Although the Chair has discretion to recognize Members for parliamentary 
inquiries when no other Member is occupying the floor for debate, a 
parliamentary inquiry may not be raised unless the Member having the 
floor yields for that purpose (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. 23510).
  The Speaker may take a parliamentary inquiry under advisement, 
especially if 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. 24653; Sept. 9, 
2003, pp. 21557, 21558).
  The Speaker may entertain a parliamentary inquiry during a record vote 
if it relates to the vote (Oct. 9, 1997, p. 22017; Oct. 6, 1999, p. 
24199; Sept. 9, 2003, pp. 21557, 21558; Mar. 30, 2004, p. _). However, 
the Speaker will not (1) respond to a request to place the length of a 
record vote in

[[Page [342]]]

historical context (Sept. 9, 2003, p. _), (2) explain the exercise of 
discretion to hold a vote open beyond the minimum time prescribed under 
clause 2 of rule XX (Mar. 30, 2004, p. _), or (3) state the vote tally 
as it stood upon expiration of the minimum time (May 8, 2008, 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. 25424; 
July 18, 2006, 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; June 17, 2004, p. _); (3) judge the propriety of words uttered 
earlier in debate (June 15, 2000, p. 11106; July 18, 2007, p. _); (4) 
reexamine and explain the validity of a prior ruling (Oct. 26, 1995, p. 
29477; June 8, 2005, p. _; May 15, 2008, p. _); (5) anticipate the 
precedential effect of a ruling (Oct. 10, 1998, p. 25424); (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. 23510); (8) respond to political commentary (June 25, 
1998, p. 13978; Apr. 4, 2001, p. 5417; Oct. 8, 2004, p. _); (9) comment 
on the effect of time consumed on a pending amendment as a tactic to 
prevent the offering of other amendments under a special order adopted 
by the House (May 10, 2000, p. 7508); (10) anticipate whether bill 
language would trigger certain executive actions; (11) interpret a 
pending proposition (Sept. 20, 1989, p. 20969; May 13, 1998, p. 9129) 
(although the Chair may explain the application of the procedural status 
quo to a pending proposal to change that status quo by way of an 
amendment to the standing rules (Feb. 1, 2006, p. _)); (12) judge the 
appropriateness of Senate action (Apr. 10, 2003, p. 9279); (13) 
characterize proceedings of a committee (June 15, 2006, p. _) or 
speculate as to the operation of committee rules (July 27, 2007, p. _; 
Oct. 10, 2007, p. _), although the Chair has confirmed that the adoption 
of a motion to recommit with instructions to report ``promptly'' does 
not necessarily suspend the operation of any rule of the House (Feb. 27, 
2008, p. _) or of a committee (Nov. 15, 2007, p. _).
  The Chair may clarify a prior response to a parliamentary inquiry 
(July 31, 1996, p. 20700).
  The <> right of appeal 
insures the House against the arbitrary control of the Speaker and 
cannot be taken away from the House (V, 6002). Although 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;

[[Page [343]]]

Apr. 4, 1995, p. 10298; June 17, 1999, p. 13465; June 22, 2006, p. _); 
(3) decision on dilatoriness of motions (V, 5731); (4) question on which 
an appeal has just been decided (IV, 3036; V, 6877); (5) count of the 
number rising to demand tellers (VIII, 3105), to demand a recorded vote 
(June 24, 1976, p. 20390; June 14, 2000, p. 10841) 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) 
count of a quorum (July 24, 1974, p. 25012); (7) call of a voice vote 
(Aug. 10, 1994, p. 20766); (8) refusal to recapitulate a vote (VIII, 
3128); (9) refusal under clause 7 of rule XX (formerly 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); 
(11) announcement of the whole number of the House upon the death, 
resignation, expulsion, disqualification, or removal of a Member (clause 
5(d) of rule XX); (12) announcement of the content of a catastrophic 
quorum failure report under clause 5(c) of rule XX (Sec. 1024a, infra). 
Although an announcement by the Chair that an objection to a unanimous-
consent request has been heard is not subject to appeal, the Chair's 
ruling on the timeliness of the objection is subject to appeal (Apr. 14, 
2005, p. _). Although the timeliness of the Chair's recognition of a 
Member to offer a motion to table an appeal is not subject to appeal 
(June 22, 2006, p. _), the Chair's ruling on timeliness of a Member's 
demand that words be taken down is subject to appeal (Jan. 22, 2007, p. 
_).
  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); (4) when 
dilatory (V, 5715-5722; VIII, 2822).
  An appeal may be debated (VII, 1608; VIII, 2347, 2375, 3453-3455; June 
24, 2003, pp. 15854-56); unless laid on the table (V, 5301; 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. 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, pp. 15854-56), and may be closed by motion to close 
debate or to rise and report (V, 6947, 6950; VIII, 3453). 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. 9954). An appeal may be withdrawn at 
any time before action by the House thereon (as where the Chair has not 
even stated the question on appeal) (May 6, 2004, p. _).

[[Page [344]]]

  A motion to postpone an appeal has been held in order (VIII, 2613). 
The Speaker may vote to sustain the Speaker's 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 (formerly 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. 47).
  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 before 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).

Discretion to vote
  7. <> The Speaker is not 
required to vote in ordinary legislative proceedings, except when such 
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. A gender-based reference was eliminated in the 111th Congress 
(sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _). Before the House recodified 
its rules in the 106th Congress, clause 7 (formerly clause 6) consisted 
of this clause and current clause 1(c) of rule XX (H. Res. 5, Jan. 6, 
1999, p. 47).
  Although the amendment of 1850 granted the Speaker the same right to 
vote as other Members (V, 5966, 5967), it has historically rarely been 
exercised (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 the 
Speaker's

[[Page [345]]]

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 the Speaker's vote 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, or 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, the Speaker 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 the Speaker's vote 
would be decisive (V, 5969, 6061-6063; VIII, 3075). In one instance the 
Speaker asserted a right to withdraw a vote where a correction indicated 
that it was unnecessary (V, 5971).
  Before the vote by tellers was repealed (Sec. Sec. 1012, 1013, infra), 
the chair 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 illness, the Speaker may appoint a Member to 
perform the duties of the Chair for a period not exceeding 10 days, 
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

[[Page [346]]]

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 the election of the Speaker and 
whenever 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). The clause was again amended in the 99th Congress to 
authorize the Speaker, with approval of the House, to designate a 
Speaker pro tempore to sign enrolled bills (H. Res. 7, Jan. 3, 1985, p. 
393). Gender-based references were eliminated in the 111th Congress 
(sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _). Before the House recodified 
its rules in the 106th Congress, clause 8 (formerly clause 7) and clause 
9 occupied a single clause (H. Res. 5, Jan. 6, 1999, p. 47). Clause 
8(b)(3) was added in the 108th Congress (sec. 2(a), H. Res. 5, Jan. 7, 
2003, p. 7). The Speaker delivers to the Clerk the list required under 
clause 8(b)(3)(B) and announces such delivery to the House (e.g., Mar. 
13, 2003, p. 6118; Jan. 20, 2005, p. _).
  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 such 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 chair of the Democratic Caucus then 
administered the

[[Page [347]]]

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. 2192). Elected Speakers pro tempore 
have signed enrolled bills, appointed select committees, administered 
the oath of office to a Member-elect (Mar. 17, 1998, p. 3836), etc., 
functions not exercised by a Speaker pro tempore designated under 
paragraph (a) of this clause (II, 1399, 1400, 1404; VI, 274, 277; Sept. 
21, 1961, p. 20572; June 21, 1984, p. 17708). The House may agree 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 (e.g., Aug. 6, 1998, p. 19128).
  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 debate, the Speaker designates a Speaker pro tempore in 
writing (II, 1378, 1401); but does not usually announce the Members 
called to the chair temporarily during the day's sitting (II, 1379, 
1400). The presence of the Speaker either at the opening of morning-hour 
debate 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), but rarely otherwise (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 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.


[[Page [348]]]


  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. 47). This clause was redesignated from clause 13 to 
clause 9 in the 108th Congress (sec. 2(b), H. Res. 5, Jan. 7, 2003, p. 
7).

  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. 7). Before the House 
recodified its rules in the 106th Congress, the former term-limit rule 
and current clause 8 occupied a single clause (formerly clause 7) (H. 
Res. 5, Jan. 6, 1999, p. 47).

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(j)(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). In the 106th and 109th Congresses, clerical corrections were 
effected with respect to the ``applicable accounts of the House'' (H. 
Res. 5, Jan. 6, 1999, p. 47; sec. 2(a), H. Res. 5, Jan. 4, 2005, 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. 47). 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 chair of the committee 
for members and employees thereof.


[[Page [349]]]

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 
the 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 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. 47).
  Before 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 (IV, 4471-4476). In the earlier practice of the House, the Member 
moving a select committee was appointed its chair (II, 1275; III, 2342;

[[Page [350]]]

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). The Speaker has 
removed Members from a select committee (e.g., Sept. 8, 2004, p. _).
  It is within the discretion of the Chair as to whom to appoint as 
conferees (June 24, 1932, p. 13876; July 8, 1947, p. 8469), and such 
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) that have not 
reported a measure; (2) that 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); 
(3) that 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) or a principal proponent of an adopted floor amendment (June 
21, 1977, p. 20132). 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 the 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 modify an appointment 
by removal (e.g., Mar. 10, 1998, p. 3049), addition (e.g., Nov. 14, 
2005, p. _), or substitution of one conferee for another (Dec. 16, 2005, 
p. _), or by expansion of the specification of provisions for which a 
conferee is appointed (Oct. 3, 2002, p. 19011; Nov. 14, 2005, p. _). In 
the 102d Congress the Speaker reiterated the 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

[[Page [351]]]

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 the authority to remove) absent 
an order of the House (Nov. 4, 1987, p. 30808).
  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. 7). 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. 7381). A Member's mere 
revelation that the Member 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. 23524; 
June 25, 2003, p. 16241).

  (b)(1) <> 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.
  (2) To suspend the business of the Committee of the Whole House on the 
state of the Union when notified of an imminent threat to its safety, 
the Chair of the Committee of the Whole 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 impair

[[Page [352]]]

ment of the place of reconvening at the time previously appointed, then 
the Speaker 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 the opinion of 
the Speaker, 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. 7) and the application of paragraph (b) to the 
Committee of the Whole was clarified in the 110th Congress (sec. 505(a), 
H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 2007)). Gender-based 
references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, 
Jan. 6, 2009, p. _). For similar authority in the Senate, see Senate 
Resolution 296 (108th Cong., Feb. 3, 2004, p. _). An emergency recess 
under paragraph (b) was declared by the Speaker pro tempore on May 11, 
2005 (p. _) and by the chair of the Committee of the Whole on June 29, 
2005 (p. _). For a drill, see March 6, 2003 (p. 5355). For the Speaker's 
inherent authority to declare a recess under clause 2 of rule I, see 
Sec. 622, supra.




[DOCID:hd162-60]                         

                                 Rule II
                      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

[[Page [353]]]

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 
the office to the best of the knowledge and ability of the officer, and 
to keep the secrets of the House. Each of these officers shall appoint 
all of the employees of the department concerned provided 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. 47). A rudimentary form of this clause was adopted in 1789, and 
was amended several times before 1880, when it assumed the form it 
retained for more than a century (I, 187). During the 102d Congress, 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 certain 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. 47). Gender-based references were 
eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, 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

[[Page [354]]]

vote is required for the election of officers of both Houses of Congress 
(VI, 23). The oath is administered by the Speaker to the officers (I, 
81; Sec. 198, supra). 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 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 
subordinates (I, 249). Employees under the Clerk and other officers are 
to be assigned only 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 the 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. 6, 1999, p. 257; Nov. 18, 2005, p. 
_), Chaplain (Mar. 14, 1966, p. 5712; Mar. 23, 2000, p. 3481), 
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. 17021; Speaker 
Hastert, Dec. 6, 2005, p. _) even when prospective (Feb. 6, 2007, p. _). 
The resignation of an elected officer of the House is subject to 
acceptance by the House (Mar. 23, 2000, p. 3480; Feb. 6, 2007, 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

[[Page [355]]]

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. 47). Paragraph (a) was initially framed in 1880, on a basis 
furnished by a rule of 1860 (I, 64), and amended in 1911.
  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 requires the furnishing of 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. 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, 60, supra. The Clerk, in presiding 
before the election of the Speaker, recognizes Members (I, 74). The 
Members-elect have on one occasion, 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).
  Although 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

[[Page [356]]]

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).
  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 an adjournment sine die 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. 41).

  (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 required to be made by such officer.

  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. 47). 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. 25). A gender-based

[[Page [357]]]

reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, 
Jan. 6, 2009, p. _).

  (c) The Clerk shall--
      (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. 47). 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 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 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. 47). 
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. 25).


[[Page [358]]]


  (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. 47). When the House issues an order or warrant, the 
Speaker must issue the summons under the Speaker's 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 chair 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. 28).


[[Page [359]]]


  (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. 47). 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. 25).

  (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. 47). 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. 25).


[[Page [360]]]


  (g) <> The 
Clerk shall provide for the temporary absence or disability of the Clerk 
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. 47). 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 were effected in the 108th 
Congress (sec. 2(u), H. Res. 5, Jan. 7, 2003, p. 7). A gender-based 
reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, 
Jan. 6, 2009, p. _).

  (h) <> The Clerk may 
receive messages from the President and from the Senate at any time when 
the House is in recess or adjournment.

  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. 47). It was adopted in the 97th Congress (H. Res. 5, Jan. 5, 
1981, pp. 98-113) and amended in the 111th Congress to apply to recesses 
as well as adjournments (sec. 2(m), H. Res. 5, Jan. 6, 2009, p. _) to 
reflect current practice (see Dec. 22, 1987, p. 37966). 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.


[[Page [361]]]


  (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. When acting as a supervisory 
authority over such staff, the Clerk 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. 47). 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. 47). A gender-based reference was eliminated in the 111th Congress 
(sec. 2(l), H. Res. 5, Jan. 6, 2009, 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 [362]]]

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. 47). 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. 47).
  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 the Sergeant-
at-Arms 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. 47). It was adopted initially in 1789, with additions and 
amendments

[[Page [363]]]

in 1838, 1877, 1890 (I, 257), 1911 (VI, 29), and 1971. A gender-based 
reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, 
Jan. 6, 2009, p. _). Amendments adopted in the 92d Congress to clarify 
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) were stricken by 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 transferred to the 
Director of Non-legislative and Financial Services pursuant to that 
resolution (see Sec. 664, supra). 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). 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(j)(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. 19769).
  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 imposed on the Sergeant-at-Arms by law (I, 258) include 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. 26). The death of the Sergeant-at-Arms being announced, the House 
passed

[[Page [364]]]

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 the 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).

-- <>   (b) The symbol of the Office of the Sergeant-at-Arms shall 
be the mace, which shall be borne by the Sergeant-at-Arms 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. 47). 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). 
A gender-based reference was eliminated in the 111th Congress (sec. 
2(l), H. Res. 5, Jan. 6, 2009, p. _). Extreme disorder arising on the 
floor, the Speaker directed the Sergeant-at-Arms to enforce order with 
the mace (VI, 258; VIII, 2530), but an attempt to enforce order without 
the mace has been questioned as illegitimate (II, 1347).

  (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 
employees of the office of the Sergeant-at-Arms.
  (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, shall see

[[Page [365]]]

that the floor is cleared of all persons except those privileged to 
remain.

  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. 47). 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). 
Gender-based references were eliminated in the 111th Congress (sec. 
2(l), H. Res. 5, Jan. 6, 2009, p. _). 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. 47). 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. 47).


[[Page [366]]]

Chief Administrative Officer
  4. <> (a) The Chief Administrative Officer shall 
have operational and financial responsibility for functions as assigned 
by the Committee on House Administration 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. 47). 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. 
47). 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. 25). The earlier

[[Page [367]]]

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 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 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, 422).-
  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 the House 
Administrative Reform Resolution of 1992 (H. Res. 423, Apr. 9, 1992, p. 
9040), which also 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. 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 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. 47). 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

[[Page [368]]]

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 is offered (VI, 663; clause 7 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. 
3480). Form of resolution electing a Chaplain emeritus (VI, 31; Jan. 30, 
1950, p. 1095; Nov. 10, 1999, p. 29493).
  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) provide audit, investigative, and advisory services to the 
House and joint entities in a manner consistent with government-wide 
standards;
      (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;

[[Page [369]]]

      (3) simultaneously notify the Speaker, the Majority Leader, the 
Minority Leader, and the chair and ranking minority member of the 
Committee on House Administration in the case of any financial 
irregularity discovered in the course of carrying out responsibilities 
under this clause;
      (4) simultaneously submit to the Speaker, the Majority Leader, the 
Minority Leader, and the chair 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. 47). 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. 47). 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). Paragraph (c)(1) was amended, and gender-
based references were eliminated, in the 111th Congress (secs. 2(a), 
2(l), H. Res. 5, Jan. 6, 2009, p. _).
  In the form of the rule adopted in the 103d Congress, paragraph (a) 
(formerly 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

[[Page [370]]]

Officer; see clause 4 of rule II, Sec. Sec. 661-663, supra), and 
paragraph (b) (formerly 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), formerly clause 2(c)(1)); add requirements for simultaneous 
reporting (paragraphs (c)(3) and (4), formerly clauses 2(c)(3) and (4)); 
delete a provision relating to classification of employees (formerly 
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).

  Until <> the 102d 
Congress, former rule VI provided for an Office of the Postmaster, who 
supervised 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. 47). 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. 47). 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

[[Page [371]]]

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 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. 47). It was adopted intially in the 103d Congress (H. Res. 5, 
Jan. 5, 1993, p. 49). The previous year, in 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 [372]]]
[DOCID:hd162-61]                         

                                Rule III
    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 
having 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). A gender-based reference was eliminated in 
the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _). 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. 47).
  Leaves of absence are presented pending the motion to adjourn (IV, 
3151), and are usually granted by unanimous 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 
although 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 and not the

[[Page [373]]]

Chair should determine this question (V, 5950, 5951; 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 the Speaker's 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 at times 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 that Member 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 in which 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). A Member should not vote on direct questions affecting 
that Member, but has sometimes voted on incidental questions (V, 5960, 
5961).

  2. <> (a) A Member may not authorize any 
other person to cast the vote of such Member or record the presence of 
such Member 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. 47). Gender-based references were eliminated in the 111th 
Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _). The Committee on 
Standards of Official Conduct recommended this addition to the rules in 
its May 15, 1980, report on voting anomalies that 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 before the addition 
of this clause, however, ``ghost voting'' was considered unethical (VII, 
1014; Dec. 18, 1987, p. 36274).


[[Page [374]]]

Delegates and the Resident Commissioner
  3. <> (a) In a Committee of the Whole 
House on the state of the Union, each Delegate and the Resident 
Commissioner shall possess the same powers and privileges as Members of 
the House. 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. 47). 
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 (current clause 6(h) of rule XVIII) (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. 985, infra). The changes 
effected in the 103d Congress were revoked in the 104th Congress (sec. 
212, H. Res. 6, Jan. 4, 1995, p. 462) and reinstated in the 110th 
Congress (H. Res. 78, Jan. 24, 2007, p. _).
  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 (current clause 6(h) of rule XVIII), 
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).

[[Page [375]]]

  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 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 Delegate from the Commonwealth of the Northern 
Mariana Islands was established by Public Law 110-229 (122 Stat. 868). 
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.
  The law provides that on the floor of the House a Delegate may debate 
(II, 1290), and may in debate call a Member to order (II, 1295), may 
make any motion that a Member may make except the motion to reconsider 
(II, 1291, 1292), and 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. 27825). A Delegate may be appointed a teller (II, 
1302); but the law forbids a Delegate to vote (II, 1290). A Delegate 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). A discharge petition may not be signed by a Delegate or the 
Resident Commissioner, even by unanimous consent (Oct. 1, 2003, p. 
23853) because the phrase in clause 2 of rule XV ``a majority of the 
total membership of the House'' is construed to mean 218 Members 
(Speaker Byrns, Apr. 15, 1936, p. 5509), not including Delegates or the 
Resident Commissioner. The rights and prerogatives of Delegates in 
parliamentary matters are not limited to legislation affecting their own 
territory (VI, 240). Under paragraph (a), the Delegates and the Resident 
Commissioner are counted for purposes of establishing a quorum in a 
Committee of the Whole (Feb. 8, 2007, p. _).

[[Page [376]]]

  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. 41).
  A Delegate resigns in a communication addressed to the Speaker (II, 
1304). A Delegate may be arrested and censured for disorderly conduct 
(II, 1305), but there has been disagreement as to whether expulsion is 
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). Before the 
independence of the Philippines it was represented in the House by a 
Resident Commissioner (Deschler, ch. 7, Sec. 3.3).

   <> (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. 47). 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).
  Before 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:hd162-62]                         


                                 Rule IV
                          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 en

[[Page [377]]]

tertain 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. 47). 
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). The Speaker has announced standards for use of 
the Chamber when the House is not in session (Speaker Pelosi, Jan. 6, 
2009, p. _).

  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.

[[Page [378]]]

      (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.
      (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. 47). It was subjected to many changes from 1802 until 1880 (V, 
7283; 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 Congress was 
revised to grant all Delegates 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 before this 
change. This clause was substantially

[[Page [379]]]

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. 7). This amendment codified 
current practice, including the Speaker's ultimate control over such 
assignments.
  The portion of this clause that 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 chair 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 in which 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 an 
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 before 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 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. 7320; June 17, 2004, 
p. _), other children (May 18, 1995, p. 13490; Oct. 7, 1999, p. 24425), 
or Senators exercising floor privileges (May 18, 1995, p. 13491).


[[Page [380]]]


  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 
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. 47). It was adopted initially in 1902 (V, 7346).

  4. <> (a) A former 
Member, Delegate, or Resident Commissioner; a former Parliamentarian of 
the House; or a former elected officer of the House or former minority 
employee nominated as an elected officer of the House shall not be 
entitled to the privilege of admission to the Hall of the House and 
rooms leading thereto if such individual--
      (1) is a registered lobbyist or agent of a foreign principal as 
those terms are defined in clause 5 of rule XXV;
      (2) has any direct personal or pecuniary interest in any 
legislative measure pending before the House or reported by a committee; 
or
      (3) is in the employ of or represents any party or organization 
for the purpose of influencing, directly or indirectly, the passage, 
defeat, or amendment of any legislative proposal.

[[Page [381]]]

  (b) The Speaker may promulgate regulations to carry out this rule 
including regulations that exempt ceremonial or educational functions 
from the restrictions of this clause.

  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. 47). It was adopted initially in the 94th Congress (H. Res. 
1435, Oct. 1, 1976, pp. 35175-80) to consolidate in one place 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 to enforce the rule. The form of the rule adopted during the 
109th Congress established plainer proscriptions with respect to 
registered lobbyists, agents of foreign principals, and persons with 
similar representational roles and specified particular exercises of 
regulatory authority by the Speaker (H. Res. 648, Feb. 1, 2006, p. _). 
The 111th Congress clarified the authority of the Speaker over the 
entire rule and not merely the exemptions specified in paragraph (b), 
and eliminated a gender-based reference (secs. 2(l), 2 (m), H. Res. 5, 
Jan. 6, 2009, p. _).
  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 granted by this clause, Speakers have issued regulations from 
time to time (Speaker O'Neill, Jan. 6, 1977, p. 321; Speaker Foley, June 
9, 1994, p. 12387; Speaker Gingrich, May 24, 1995, p. 14300; Speaker 
Gingrich, Aug. 1, 1996, p. 21031; Speaker Hastert, Feb. 1, 2006, p. _; 
Speaker Pelosi, Jan. 5, 2007, p. _).
  A former Member has not been entitled to the privileges of the floor 
under this clause if (1) having a direct personal or pecuniary interest 
in legislation under consideration in the House or reported by any 
committee, or (2) representing 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 has been 
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). Even before the adoption of a 
more categorical form of the rule during the 109th Congress, intent to 
lobby was assumed if a former Member was 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, for example, the Speaker's 
Lobby and the cloakrooms (Speaker Gingrich, May 24, 1995, p. 14300; Aug. 
1, 1996, p. 21031) and the Rayburn Room (Feb. 1, 2006, p. _).

[[Page [382]]]

  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, pp. 19026, 19027). 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. 19340).

  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 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. 47). 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 having 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

[[Page [383]]]

under this clause are not permitted to distribute 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 
control one bench. On the request of a Member, Delegate, Resident 
Commissioner, or Senator, the Speaker shall issue a card of admission to 
the family of such individual, 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. 
47). It was adopted initially in 1880 (V, 7302) and renumbered January 
3, 1953 (p. 24). A gender-based reference was eliminated in the 111th 
Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _).
  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.


[[Page [384]]]

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. 47). It was adopted initially in the 105th Congress (H. Res. 
5, Jan. 7, 1997, p. 121).





[DOCID:hd162-63]                         

                                Rule V
                         broadcasting the house

  1. <> The Speaker 
shall administer, direct, and control a system 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 Capitol and the House Office Buildings as the Speaker 
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, direct, and control a system 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

[[Page [385]]]

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.
  3. The Speaker may delegate any of the responsibilities under this 
rule to such legislative entity as the Speaker 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. 47). It was adopted initially in the 96th Congress (H. Res. 5, 
Jan. 15, 1979, p. 7). Gender-based references were eliminated in the 
111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _). The 
requirement that televised broadcasts of 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

[[Page [386]]]

to investigate the impact on the safety, dignity, and integrity of House 
proceedings, of a test authorized by the Speaker under the Speaker's 
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: ``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 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 ``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 debate 
(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 recognition 
for debate (Mar. 16, 1988, p. 4081).








[[Page [387]]]
[DOCID:hd162-64]                         

                                 Rule VI
               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. 47). 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 played an important role in the 
evolution of the system by which the House compiles 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:

  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

[[Page [388]]]

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 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:

[[Page [389]]]

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 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.

[[Page [390]]]

      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 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

[[Page [391]]]

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 that the Congressional Record be a 
substantially verbatim account of remarks actually rendered was included 
in clause 8(a) of rule XVII (formerly clause 9 of rule XIV) in the 104th 
Congress, with the prescription that that rule constitute a standard of 
conduct under former clause 3(a)(2) of rule XI (formerly clause 
4(e)(1)(B) of rule X) (sec. 213, H. Res. 6, Jan. 4, 1995, p. 468). Under 
clause 8 of rule XVII, remarks actually delivered may not be deleted and 
remarks inserted must appear in distinctive type (Jan. 4, 1995, p. 541). 
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).
  Words spoken by a Member not under recognition are not included in the 
Congressional Record (V, 6975-6978; VIII, 3466, 3471). For example the 
Record does not include remarks uttered: (1) after a Member has been 
called to order (July 29, 1994, p. 18609); (2) when a Member fails to 
heed the gavel at the expiration of time for debate (May 22, 2003, p. 
12965; Oct. 2, 2003, p. 23950); (3) when a Member interrupts another 
during debate without being yielded or otherwise recognized (as on a 
point of order) (Speaker O'Neill, Feb. 7, 1985, p. 2229). Remarks held 
irrelevant by the Chair may be removed from the Record by unanimous 
consent only (Mar. 20, 2002, p. 3663).
  In response to a parliamentary inquiry, the Chair advised that when 
the Pledge of Allegiance is delivered as the third element of the daily 
order of business, the Record reflects the pledge in its statutory form 
(Apr. 27, 2004, p. _). 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. 
2535; see also Feb. 25, 2003, p. 4402).
  Under long practice and applicable precedents and guidelines, the 
Chair has refined rulings on points of order in the Record in order to 
clarify them without changing their substance, including those sustained 
by the

[[Page [392]]]

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 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). In the 104th Congress the 
Speaker ruled that the requirement of clause 8 of rule XVII (formerly 
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).
  The Congressional 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). 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). As a general principle the Speaker has no control over the 
Record (V, 6984, 7017).
  The traditional practice to allow Members, with the approval of the 
House and under conditions set forth by the Joint Committee on Printing, 
to revise 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 the Member's own speech in such a way as to affect the 
remarks of another without bringing the correction to the attention of 
that Member (V, 6972; VIII, 3461) because such alterations 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 that do not contain reflections 
on that Member, delivered by another Member and withheld for revision 
(V, 6964).
  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 a call to order (V, 6987). In a case wherein a 
letter read in Committee involved a breach of privilege, the Committee 
reported the matter to the House for action, and the House struck the 
letter from the Record (V, 6986). The chair 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). 
The Com

[[Page [393]]]

mittee of the Whole may neither 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 
permit the inclusion of extraneous material (Jan. 23, 1936, p. 950; Feb. 
1, 1937, p. 656; Sept. 19, 1967, p. 26032).
  Although 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, because this would be 
determining what a Member should utter on the floor (V, 6974; VI, 583; 
VIII, 3469, 3498). Neither should one House strike 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 what was actually said (V, 6972). Similarly, 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 
offered on a previous day and that had been substantially misprinted in 
the daily Record for the day on which it was offered (Deschler, ch. 5, 
Sec. 18.6). In addition, privileged motions have been permitted to 
correct the Record as follows: (1) striking unparliamentary words 
inserted in the Record (Deschler, ch. 5, Sec. 17); (2) correcting the 
Record where the remarks of one Member have been attributed to another 
(Deschler, ch. 5, Sec. Sec. 18.1, 18.2); (3) correcting the Record where 
a Member has improperly altered his remarks during an exchange of 
colloquy with another Member (Deschler, ch. 5, Sec.  18.9). Mere 
typographical errors in the 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), because such changes for the permanent 
edition of the Record may be made without the permission of the House 
(Deschler, ch. 5, Sec. 19) (subject to clause 8 of rule XVII). The House 
does not change the Record merely to show what a Member should have said 
during debate (Deschler, ch. 5, Sec. 18).
  Furthermore, 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 votes (Feb. 6, 1973, 
p. 3558; Apr. 18, 1973, p. 13081; Dec. 3, 1974, p. 37897). It also has 
been held that a Member may not, in a controversy over a proposed 
correction of the Record as to a matter of business, demand as a matter 
of right the reading of the reporter's notes (V, 6967; VIII, 3460).
  The accuracy and propriety of reports in the Congressional Record 
constitute questions of the privileges of the House (see Sec. 704, 
infra). Subject to the requirements of rule IX, a motion or resolution 
for the correction of the Record that involves a question of privilege 
may be made properly after the reading and approval of the Journal (V, 
7013; VIII, 3496), is not in order pending the approval of the Journal 
(V, 6989), and may not be raised until the Record has appeared (V, 
7020). A correction of the

[[Page [394]]]

Record that involves a motion and a vote is recorded in the Journal (IV, 
2877). A resolution directing the placement of an asterisk in the Record 
to note alleged inaccuracies in a State of the Union address (but not 
alleging improper transcription of that address) was held not to 
constitute a question of privilege (Oct. 20, 2003, pp. 25255, 25256). 
Propositions to make corrections are sometimes considered by the 
Committee on House Administration.
  Where <> a Member had uttered disorderly words on the floor without 
challenge, the House decided that it was not precluded from action when 
the words, after being withheld for revision, appeared in the Record, 
and struck them (V, 6979, 6981; VI, 582; VIII, 2538, 3463, 3472). The 
House also has ordered stricken 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 to direct 
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). 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). A resolution to omit from the Record 
certain remarks merely declared by the Member offering the resolution to 
be out of order is not privileged (V, 7021). A motion to strike 
unparliamentary words from the Record is privileged (see Sec. 961, 
infra), although a question of privilege may not subsequently arise 
therefrom (V, 7023; VI, 596).
  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 fully debate public questions on the floor (V, 6990-6996, 
6998-7000). The House, in granting such leave to print, stipulates that 
it 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 individual; (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;

[[Page [395]]]

Oct. 2, 1992, p. 30709; Sept. 27, 1996, p. 25633); (4) a Member may not 
insert the individual votes of Members on a question of which the yeas 
and nays have not been entered on the Journal (V, 6982). 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 may 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). This prohibition does not 
apply to the insertion of remarks spoken in debate in the Senate in the 
form of a colloquy (Mar. 7, 2006, p. _) given the form of clause 1 of 
rule XVII as adopted in the 109th Congress.
  The House, and not the Speaker, determines what liberty shall be 
allowed to a Member who has leave to extend 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). 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 remarks (V, 
7009, 7010; VIII, 3488-3490), though such leave should be granted only 
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 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 
(formerly clause 9 of rule XIV) requires substantive remarks inserted 
under leave to revise 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 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

[[Page [396]]]

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 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). 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; 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 (e.g., Jan. 6, 
1999, p. 247) or a Congress (e.g., Jan. 4, 2007, 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

[[Page [397]]]

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 the Speaker 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. 47). 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). A gender-based 
reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, 
Jan. 6, 2009, p. _). See also Consumers Union v. Periodical 
Correspondents' Association, 515 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).
  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 Correspond

[[Page [398]]]

ents' 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 the 
Speaker 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. 47). 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). 
A gender-based reference was eliminated in the 111th Congress (sec. 
2(l), H. Res. 5, Jan. 6, 2009, p. _).




[DOCID:hd162-65]                         

                                Rule VII
                          records of the house

Archiving
  1. (a) <> At the end of each Congress, the chair 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 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

[[Page [399]]]

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 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.

[[Page [400]]]

  (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 chair 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 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.

[[Page [401]]]

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. 
47). 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. 47). Clerical corrections were effected 
in the 107th Congress to correct cross references (sec. 2(x), H. Res. 5, 
Jan. 3, 2001, p. 24). Gender-based references were eliminated in the 
111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, 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, 
June 16, 1953, p. 6641). Under this rule, an order of the House is 
required for the release of noncurrent records of the House not covered 
by clause 3 of this rule (Mar. 22, 1991, p. 7549).


[[Page [402]]]


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 the office of the 
Clerk relating to such claim. The Clerk may lend temporarily to an 
officer or bureau of the executive departments any papers on file in the 
office of the Clerk 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. 
47). It was adopted initially in 1873 and amended in 1880 (V, 7256). It 
was renumbered January 3, 1953 (p. 24). Gender-based references were 
eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 
_).
  The House usually allows the withdrawal of papers only in cases in 
which 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 for procedure for response to subpoenas for papers of 
the House.




[DOCID:hd162-66]                         

                                Rule VIII
                          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 
the Speaker 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. 47). 
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 sub

[[Page [406]]]

poena, the House would adopt a resolution authorizing the person to 
respond. In the 95th and 96th Congresses general authority was granted 
to respond to subpoenas without the necessity of a House vote (H. Res. 
10, Jan. 4, 1977, p. 73; H. Res. 10, Jan. 15, 1979, p. 19). 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. 25). A gender-based reference was eliminated in the 111th 
Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, 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. 18298; May 3, 1999, p. 8040).
  Under clause 2, the Speaker promptly lays before the House a 
communication notifying the Speaker 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:hd162-67]                         

                                 Rule IX
                         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

[[Page [407]]]

the privileges of the House, or offered as privileged 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 an 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) to codify long-established 
practice that 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 after that Member 
has announced to the House an intention to do so and the content of the 
resolution, and to divide the time for debate on the resolution (H. Res. 
5, Jan. 5, 1993, p. 49). Clause 2 was amended in the 106th Congress to 
permit the announcement of the

[[Page [408]]]

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. 47). A 
gender-based reference was eliminated in the 111th Congress (sec. 2(l), 
H. Res. 5, Jan. 6, 2009, p. _).

  The <> body of 
precedent relating to questions of the privileges of the House includes 
rulings that span the adoption of this rule. 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).

  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 a 
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); (4) to propose directly 
to dispose of a contest over the title to a seat in the House (Nov. 8, 
1997, p. 25294; Nov. 9, 1997, p. 25721; Jan. 28, 1998, p. 175) or to 
dispose of such contest upon the expiration of a specified day (Oct. 23, 
1997, p. 23231; Oct. 29, 1997, p. 23695; Oct. 30, 1997, p. 23959; Nov. 
5, 1997, p. 24645).
  A resolution electing a House officer is presented as a question of 
the privileges of the House (July 31, 1997, p. 17021; Feb. 6, 2007, 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

[[Page [409]]]

respect to the organization of the House 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. 16565). 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); (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. For examples of Senate 
messages requesting the return of Senate measures that intruded on the 
constitutional prerogative of the House to originate revenue measures, 
see Sec. 565, supra. For a discussion of the prerogatives of the House 
with respect to treaties affecting revenue, see Sec. 597, 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.

[[Page [410]]]

40; Jan. 24, 1996, p. 1248; Feb. 1, 1996, p. 2245; Oct. 10, 1998, p. 
25420; Nov. 4, 1999, pp. 28528-33; June 6, 2002, p. 9492 (sustained by 
tabling of appeal); Oct. 2, 2002, pp. 18932 (sustained by tabling of 
appeal), 18934 (sustained by tabling of appeal), 18936 (sustained by 
tabling of appeal), 18938 (sustained by tabling of appeal); Oct. 3, 
2002, pp. 19001 (sustained by tabling of appeal), 19002 (sustained by 
tabling of appeal)). For example, the following legislative propositions 
have been held not to involve a question 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); (2) a resolution alleging an unconstitutional 
abrogation of a treaty by the President, and calling on the President to 
seek the approval of Congress before such abrogation (June 6, 2002, p. 
9492 (sustained by tabling of appeal)); (3) a resolution alleging that 
Congress had been negligent in its oversight responsibilities with 
regard to military involvement in Iraq, and calling on leadership and 
committee chairs to conduct oversight of that matter, but refraining 
from alleging any impropriety (Nov. 3, 2005, p. _ (sustained by tabling 
of appeal)). 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) 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) establishing an ad hoc committee to investigate allegations of 
``ghost'' employment in the House (Apr. 9, 1992, p. 9029); (3) 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) 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) appointing an outside counsel 
(Sept. 19, 1996, p. 23851; Sept. 24, 1996, p. 24525); (6) committing 
other matters to an outside counsel already appointed by the committee 
(June 27, 1996, p. 15917); (7) directing the committee to release the 
report of an outside counsel (Sept. 19, 1996, p. 23852; Sept. 24, 1996, 
p. 24526); (8) 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) making 
allegations of improper

[[Page [411]]]

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) making allegations of unauthorized actions by a 
committee employee to intervene in judicial proceedings (Feb. 5, 1992, 
p. 1601); (11) 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); (12) alleging a chronology of 
litigation relating to the immunity of a Member from civil liability for 
bona fide official acts and expressing the views of the House thereon 
(May 12, 1988, p. 10574); (13) directing the Committee on Standards of 
Official Conduct to establish an investigative subcommittee and appoint 
outside counsel to investigate certain allegations against a Member 
(Oct. 8, 2004, p. _); (14) alleging, among other things, the improper 
and unilateral firing of nonpartisan staff of the Committee on Standards 
of Official Conduct and directing the Speaker to appoint a bipartisan 
task force to address the efficacy of that committee so as to restore 
public confidence in the ethics process (Mar. 15, 2005, p. _; Apr. 14, 
2005, p. _) and directing the committee to appoint nonpartisan 
professional staff (June 9, 2005, p. _); (15) alleging, among other 
things, the improper and unilateral firing of nonpartisan staff of the 
Committee on Standards of Official Conduct and illegal activities 
between a lobbyist and Members, and directing that committee to 
investigate misconduct of Members and staff with that lobbyist (Mar. 30, 
2006, p. _; Apr. 5, 2006, p. _); (16) alleging improper conduct by a 
former Member with regard to the House Page program and insufficient 
response thereto by the House leadership, and directing the Committee on 
Standards of Official Conduct to establish a subcommittee to investigate 
(Sept. 29, 2006, p. _); (17) alleging a violation of the Code of 
Official Conduct and issuing a reprimand (May 22, 2007, p. _); (18) 
directing the Committee on Standards of Official Conduct to investigate 
a Member's conduct and make a recommendation regarding expulsion (June 
5, 2007, p. _); (19) directing the Committee on Standards of Official 
Conduct to review irregularities in the conduct of a vote in the House 
(Aug. 3, 2007, p. _); (20) directing the Committee on Standards of 
Official Conduct and a previously-established select committee to 
investigate whether a vote was held open beyond a reasonable period of 
time for the purpose of circumventing the will of the House, and 
vacating such vote (Mar. 12, 2008, p. _); (21) directing the Committee 
on Standards of Official Conduct to investigate violations of the Code 
of Official Conduct (Mar. 12, 2008, p. _); (22) alleging receipt of 
illegal campaign contributions and gifts and censuring a Member therefor 
(July 31, 2008, p. _); (23) alleging receipt of illegal campaign 
contributions and gifts and violations of federal tax law, directing the 
Committee on Standards of Official Conduct to investigate, and removing 
a Member as chair of a standing committee pending such investigation 
(Sept. 18, 2008, p. _); (24) alleging failure to properly report the 
receipt of gifts in accordance

[[Page [412]]]

with financial disclosure and tax laws, and removing the Member as chair 
pending an on-going investigation by the Committee on Standards of 
Official Conduct (Feb. 10, 2009, p. _); (25) alleging a quid pro quo 
between legislative activity and campaign contributions to Members, and 
directing the Committee on Standards of Official Conduct to investigate 
that relationship (Feb. 25, 2009, p. _; Mar. 5, 2009, p. _; Mar. 10, 
2009, p. _; Mar. 19, 2009, p. _; Mar. 25, 2009, p. _; Mar. 30, 2009, p. 
_; Apr. 1, 2009, p. _; May 12, 2009, p. _); (26) alleging improper 
involvement of Members with a certain lobbying organization, and 
directing the Committee on Standards of Official Conduct to report any 
action it has taken with respect thereto (June 3, 2009, p. _). On the 
other hand, a resolution alleging inconsistency between statements of 
the Speaker and of an intelligence agency and commissioning an 
investigation of the accuracy of her statements, where such 
investigation would extend beyond the conduct of a Member and 
necessarily involve a review of the agency itself, was held not to 
constitute a question of the privileges of the House (May 21, 2009, p. 
_; June 16, 2009, p. _).
  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); (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 com

[[Page [413]]]

mittee 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 (July 22, 1992, p. 18796; July 23, 1992, p. 19125); (9) directing 
the Committee on House Administration to redress the erroneous 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); (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. 2058). The moratorium was extended through September 10, 
1997 (July 30, 1997, p. 16958). 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. 19340).


[[Page [414]]]


  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); (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 of a contested election to which he was party (H. Res. 233, 
Sept. 18, 1997, p. 19340).
  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 Record (Jan. 24, 1984, p. 250); (3) addressing 
whether the Record should constitute a verbatim transcript (May 8, 1985, 
p. 11072; Feb. 7, 1990, p. 1515); (4) alleging impropriety by a 
presiding officer and improper alteration of the Record, and directing 
that a select committee investigate and that the Record be corrected 
(Aug. 4, 2007, p. _). Although a motion to correct the Congressional 
Record based on improper alterations or insertions may constitute 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). A 
resolution directing the placement of an asterisk in the Congressional 
Record to note alleged inaccuracies in a State of the Union address (but 
not alleging improper transcription of that address) was held not to 
constitute a question of privilege (Oct. 20, 2003, pp. 25255, 25256).
  The protection of House records constitutes a question of the 
privileges of the House, especially when records are demanded by the 
courts (III, 2604, 2659-2664; VI, 587; Sept. 18, 1992, p. 25750; see 
also Sec. 291a, supra). Privileges of the House involving records also 
include resolutions: (1) furnishing certain requested information to an 
Independent Counsel investigating covert arms transactions with Iran 
(June 4, 1992, p. 13664); (2)

[[Page [415]]]

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) 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) 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); (5) alleging that a Member willfully abused 
his power as chair 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. 9279). 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. 21562).
  A question regarding the accuracy of House documents constitutes a 
question of privileges of the House (V, 7329), including resolutions: 
(1) 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 
occurred in other committee hearing transcripts, and proposing the 
creation of a select committee to investigate and report by a date 
certain (June 29, 1983, p. 18279); (2) 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); (3) alleging that a committee report contained descriptions 
of recorded votes (as required by clause 3(b) of rule XIII) that 
deliberately mischaracterized certain amendments and directing the chair 
of the committee to file a supplemental report to change those 
descriptions (May 3, 2005, p. _); (4) alleging that known errors in the 
engrossment of a bill were ignored, that matter had been inserted into a 
conference report after conferees had signed it, that material 
information concerning legislation had been withheld for the purpose of 
achieving passage of that measure in a prior Congress, and resolving 
that the Committee on Standards of Official Conduct investigate 
inaccuracies in the enrollment of a bill (Feb. 16, 2006, p. _); (5) 
alleging that known errors in the enrollment of a bill were ignored by 
the majority leadership after the President had transmitted to the House 
a return veto of the measure, admonishing the majority leadership for 
their roles therein, and directing the Committee on Standards of 
Official Conduct to investigate the abuse of power surrounding the 
inaccuracies (May 22, 2008, p. _). 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.

[[Page [416]]]

25761); (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). For a discussion of the 
privileged status of a request of one House for the return of a measure 
messaged to the other, see Sec. 565, supra.
  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 (formerly 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).
  Integrity in the conduct of a vote may involve a question of the 
privileges of the House, including resolutions: (1) alleging intentional 
abuse of House practices and customs in holding a vote open for 
approximately three hours for the sole purpose of circumventing the 
initial will of the House and directing the Speaker to take such steps 
as necessary to prevent further abuse (Dec. 8, 2003, p. 32099), or 
alleging such abuse, both in a prior Congress and in the current one, 
and alleging illegal behavior on the House floor during one such vote 
(bribery of a public official) (Dec. 8, 2005, p. _); (2) directing the 
Committee on Standards of Official Conduct to review irregularities in 
the conduct of a vote in the House (Aug. 3, 2007, p. _); (3) alleging 
irregularities in the conduct of a vote, directing House officers to 
preserve all records relating thereto, and establishing a select 
committee of investigation thereof (Aug. 3, 2007, p. _); (4) directing 
the Committee on Standards of Official Conduct and a previously-
established select committee to investigate whether a vote was held open 
beyond a reasonable period of time for the purpose of circumventing the 
will of the House, and vacating such vote (Mar. 12, 2008, p. _).
  A resolution alleging partiality in the manner of presiding by a 
Speaker pro tempore and stating that such actions bring dishonor and 
discredit on the House (Aug. 3, 2007, p. _) or alleging impropriety by a 
presiding officer, as well as alleging improper alteration of the 
Congressional Record and directing an investigation and correction 
thereof (Aug. 4, 2007, p. _), presents a question of the privileges of 
the House.
  Alleged improprieties in committee procedures, including charges of 
committee inaction (III, 2610), secret committee conferences (VI, 578), 
refusal to make a 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 calling for a determination whether a committee violated House rules 
by voting to take allegedly de

[[Page [417]]]

famatory 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) alleging that the chair 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 chair 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 chair conducted the markup, and finding that the bill considered at 
that markup was not validly ordered reported (July 18, 2003, p. 18698) 
and resolving that the House disapproves of the manner in which the 
chair 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. 19171); (2) alleging, among other 
things, the improper and unilateral firing of nonpartisan staff of the 
Committee on Standards of Official Conduct and directing the Speaker to 
appoint a bipartisan task force to address the efficacy of that 
committee so as to restore public confidence in the ethics process (Mar. 
15, 2005, p. _; Apr. 14, 2005, p. _) and directing the committee to 
appoint nonpartisan professional staff (June 9, 2005, p. _); (3) 
alleging that the chair of a committee intentionally violated House 
rules and abused his power as chair during a minority day of hearings 
under clause 2(j) of rule XI and directing the chair to schedule a 
further day of hearings (June 16, 2005, p. _); (4) alleging that the 
majority members of a committee wrongfully withheld a committee record 
from minority committee members (Jan. 24, 2007, 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) or an insecure ceiling in the Hall (III, 2685); 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); and 
directing the Sergeant-at-Arms to ensure that House personnel are 
alerted to the dangers of electronic security breaches on computer and 
information systems (June 11, 2008, p. _).

  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 House's decision 
of March 19, 1910 (VIII, 3376), which held such motion privileged

[[Page [418]]]

(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 the 
discretionary power of recognition under clause 2 of rule XVII (formerly 
clause 2 of rule XIV) (July 25, 1980, pp. 19762-64), for example, by 
requiring that the Speaker 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 the Speaker 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 
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 
appropria

[[Page [419]]]

tions 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 a change in 
the rules and therefore not to constitute a question of the privileges 
of the House (Dec. 18, 1998, p. 27825). 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. 21562). 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. 9492 
(sustained by tabling of appeal)).
  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. 25420; Nov. 4, 1999, pp. 28528-33; June 
6, 2002, p. 9492 (sustained by tabling of appeal); Oct. 2, 2002, pp. 
18932 (sustained by tabling of appeal), 18934 (sustained by tabling of 
appeal), 18936 (sustained by tabling of appeal), 18938 (sustained by 
tabling of appeal); Oct. 3, 2002, pp. 19001 (sustained by tabling of 
appeal), 19002 (sustained by tabling of appeal)). For 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) or 
exhorting it to do so (Mar. 11, 2008, p. _ (sustained by tabling of 
appeal)); (3) a resolution precluding an adjournment of the House until 
a specified legislative measure is considered (Feb. 1, 1996, p. 2247; 
Mar. 13, 2008, p. _ (sustained by tabling of appeal)). See also 
Sec. 702, supra, for a discussion of legislative propositions purporting 
to present questions of the privileges of the House.


[[Page [420]]]


  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'' that 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, have been held to have a privilege that 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. 26538), and a 
resolution declaring the Office of the Speaker vacant (VI, 35); but 
under later decisions certain of these matters that 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 appropriate funds for the investigating committee from the 
contingent fund (now referred to as ``applicable accounts of the House 
described in clause 1(j)(1) of rule X'') (VI, 395).

  The <> privilege of 
the Member rests primarily on the Constitution, which grants conditional 
immunity from arrest (Sec. 90, supra) and an unconditional freedom of 
debate in the House (III, 2670, Sec. 92, supra). 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 in 
matters 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

[[Page [421]]]

relate to the Member's representative capacity (III, 1828-1830, 2716; 
VI, 604, 612; VIII, 2479), but not when they relate to conduct at a time 
before such person became a Member (II, 1287; III, 2691, 2723, 2725). 
Although 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 (because 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). Although 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 such Member was properly participating, such Member 
may not raise a question of personal privilege merely to complain that 
microphones had been turned off during disorderly conduct following 
expiration of recognition for debate (Mar. 16, 1988, p. 4085). A 
Member's mere assertion of general corruption in the House does not 
support a question of personal privilege (Jan. 18, 2007, p. _).
  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. 5834). 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. 3478).
  A Member rose to a question of personal privilege to discuss: (1) 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); (2) reflections on his character in pointed 
descriptions of recorded votes taken in committee on a Member's 
amendments, included in a committee report under clause 3(b) of rule 
XIII, which question was based on the report and on certain media 
coverage thereof (May 5, 2005, p. _; May 10, 2005, p. _); (3) 
allegations that he had used procedural tactics to disrupt a memorial 
service in the Rotunda for a late Member (Feb. 14, 2008, p. _); (4) a 
``Dear Colleague'' alleging willful violation of the rules of the 
Committee on Standards of Official Conduct by its ranking minority 
member (Mar. 12, 2008, p. _).
  A committee chair rose to a question of personal privilege: (1) based 
on press accounts concerning allegations by other Members that he had

[[Page [422]]]

been ``buying votes'' (Mar. 26, 1998, p. 4851); (2) based on press 
accounts containing statements impugning his character and motive by 
alleging intentional violation of rules governing the conduct of an 
investigation (May 12, 1998, p. 8838); (3) 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. 21048); 
(4) 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. 19171); based on press accounts regarding the receipt of illegal 
gifts and campaign contributions (July 31, 2008, p. _) and violations of 
federal tax law (Sept. 10, 2008, p. _).
  A distinction has been drawn between charges made by one Member 
against another in a newspaper or press release (July 28, 1970, p. 
26002) or in a ``Dear Colleague'' letter (Aug. 4, 1989, p. 19139; May 
14, 1996, p. 11081; Mar. 12, 2008, p. _), 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. 17613; Mar. 31, 
2004, p. _) or conveyed by an exhibit in debate (June 28, 2000, p. 
12723). 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, that impugn his character or motives (May 15, 1984, pp. 
12207, 12211; May 31, 1984, p. 14620), newspaper accounts of televised 
press coverage of a committee hearing at which he was criticized 
derogatorily (Mar. 3, 1988, p. 3196), or press accounts arraigning 
personally offensive remarks a Member had made in debate regarding the 
President (Oct. 23, 2007, p. _).

  The <> body of precedent relating to the precedence of questions of 
privilege spans both the adoption of this rule in 1880 and its amendment 
to require notice in certain cases in 1993.
  A question of privilege may interrupt: (1) the reading of the Journal 
(II, 1630; VI, 637); (2) the consideration of a bill (or series of 
measures) that had been made in order by a special rule (III, 2524, 
2525); (3) in an exceptional decision, where the rule thereon ordered 
the previous question to final passage without intervening motion, after 
consideration of the measure in the Committee of the Whole but before 
passage in the House (VI, 560); (4) under antiquated drafting 
conventions for special or

[[Page [423]]]

ders of business that ordered the previous question after debate, the 
consideration of certain matters on which the previous question has been 
ordered (III, 2532; VI, 561; VIII, 2688). A question of privilege takes 
precedence over (1) business in order on Calendar Wednesday (VI, 394; 
VII, 908-910), a ``suspension day'' (III, 2553; VI, 553; June 5, 2007, 
p. _), or over certain motions given precedence under a special rule 
(VI, 565); (2) reports from the Rules Committee before consideration has 
begun (VIII, 3491; Mar. 11, 1987, p. 5403); (3) call of the Consent 
Calendar on Monday (VI, 553), before that Calendar was repealed (H. Res. 
168, June 20, 1995, p. 16574); (4) motions to resolve into the Committee 
of the Whole (VI, 554; VIII, 3461); (5) unfinished business, privileged 
under clauses 1 and 3 of rule XIV (formerly rule XXIV) (Speaker Albert, 
June 4, 1975, p. 16860). Because 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 (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). Although 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 the 
power of recognition under clause 2 of rule XVII (formerly clause 2 of 
rule XIV), entertain unanimous-consent requests for ``one-minute 
speeches'' pending recognition for a question of privilege, because 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, if a special order is pending, such 
announcements are counted against debate on the resolution absent 
unanimous consent to the contrary (Oct. 28, 1997, pp. 23525, 23527).
  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). Although 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 (formerly clause 1 of rule XVII) (Speaker Albert, Feb. 19, 
1976, p. 3914; Apr. 28, 1983, p. 10423; Mar. 22, 1990, p. 4996).


[[Page [424]]]


  When <> a Member proposes merely to address the House on a question 
of personal privilege, and does not offer 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 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 a demand that words be taken down 
pursuant to clause 4 of rule XVI; 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). The Chair may require a Member to 
submit for examination the material upon which the Member would rely 
before conferring recognition for a question of personal privilege (Jan. 
18, 2007, p. _).

   <> 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). In raising a question of personal privilege, a Member in the 
first instance must apprise the Chair of the grounds on which 
recognition may be conferred (Deschler, ch. 11, Sec. 21.1; Sept. 10, 
2008, p. _).
  Under the form of the rule adopted in the 103d Congress, the Speaker 
has discretion to 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 (Speaker Foley, Feb. 3, 1993, p. 1974); and 
is not required to announce the time designated to consider a resolution 
at the time the resolution is noticed (Feb. 11, 1994, p. 2209). The 
Speaker

[[Page [425]]]

does not rule on the privileged status of a resolution at the time that 
resolution is noticed, but only when called up (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 (formerly 
clause 2(l)(6) of rule XI) that reports from committees be available to 
Members for at least three calendar days before consideration (Speaker 
Albert, July 13, 1971, pp. 24720-23). But a Member may not, as a matter 
of right, require the reading of a book or paper by 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 must take 
this preliminary step in raising a question of the privileges of the 
House (III, 2546, 2547; VI, 565-569; VII, 3464). Such a resolution is 
read in full by the Clerk (Oct. 10, 1998, p. 25420), and a parliamentary 
inquiry regarding its content, in the discretion of the Chair, should 
await the conclusion of the reading (Dec. 8, 2005, p. _). 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 may include 
recognition for an hour of debate on a motion to refer under clause 4 of 
rule XVI (Mar. 12, 1992, p. 5557; Sept. 29, 2006, p. _); a separate hour 
of debate on the resolution, itself, under clause 2 of rule XVII 
(formerly 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 
(formerly 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; June 8, 2006, p. _). 
Debate on a question of personal privilege must be confined to the 
statements or issues that gave rise to the question of privilege (V, 
5075-77; VI, 576, 608; VIII, 2448, 2481; May 31, 1984, p. 14623). A 
Member recognized only on the question of whether a resolution qualifies 
as a question of privilege is not recognized to debate such resolution 
(Nov. 3, 2005, p. _). Remarks uttered while not under recognition for 
debate do not render untimely a motion before debate to lay on the table 
a resolution offered under this rule (Aug. 3, 2007, p. _).





[[Page [426]]]
[DOCID:hd162-68]                         

                                 Rule X
                       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 number of standing committees grew over time with 
the creation of the Committee on Science and Astronautics (now Science 
and Technology), 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).
  The 104th Congress reduced the 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 Oversight and 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 Natural Resources, Transportation and Infrastructure 
(formerly Public Works and Transportation), Armed Services (National 
Security during the 104th and 105th Congresses), and Science and 
Technology (formerly Science, Space, and Technology) (sec. 202(a), H. 
Res. 6, Jan. 4, 1995, p.

[[Page [427]]]

464). The 109th Congress established the Committee on Homeland Security 
(sec. 2(a), H. Res. 5, Jan. 4, 2005, p. _).
  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, that committee was 
found in former rule XLVIII (current clause 11 of rule X) (H. Res. 5, 
Jan. 6, 1999, p. 47). 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 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), and the size and 
ratio of the Committee on Standards of Official Conduct (clause 
5(a)(3)(A) of rule X), as well as the size and preferred composition of 
the Permanent Select Committee on Intelligence (clause 11(a) of rule X).
  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), 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).
  Before the 94th Congress, a bill could not be divided among two or 
more committees, even though it might have contained 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. 7; 
see Sec. 816, infra).

[[Page [428]]]

  A committee having jurisdiction over 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 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 over 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, in effect 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 timely 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 before 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 receipt 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 prod

[[Page [429]]]

ucts, and commodities (not including distribution outside of the United 
States).
      (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) 
(CCC) while transferring jurisdiction over foreign distribution and 
nondomestic production of commodities to the Committee on Foreign 
Affairs (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 com

[[Page [430]]]

modities exchanges and rural development were codified effective January 
3, 1975.
  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. 
47).
  The committee has had jurisdiction over 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), and, in addition to the Committee 
on Energy and Commerce, amending the Horse Protection Act to prevent the 
shipping, transporting, moving, delivering, or receiving of horses to be 
slaughtered for human consumption (July 13, 2006, p. _).
  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). The Committee on Natural 
Resources, and not this committee, has jurisdiction over a bill to 
convey land that is part of a National Forest created from the public 
domain (Mar. 23, 2004, p. _). The committee also has exercised 
jurisdiction over 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.

[[Page [431]]]

      (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 entitlement 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 (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. 47). 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. 47).
  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 (formerly 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 respon

[[Page [432]]]

sibility of all standing committees of the House by clause 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 rescissions of appropriations), 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, which was 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.

[[Page [433]]]

      (7) Military applications of nuclear energy.
      (8) Tactical intelligence and intelligence-related activities of 
the Department of Defense.
      (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 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. 47). 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. 47).
  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

[[Page [434]]]

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(a) was 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 
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 military medical facilities 
(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 Natural Resources) over a resolution 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

[[Page [435]]]

off-budget Federal agencies and measures providing exemption from 
reduction under any 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(c) 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. 47)).
  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). In the 104th 
Congress, the House 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) 
(now subparagraph (1)); (2) granting the committee jurisdiction over the 
congressional budget process generally in a new subparagraph (3) (now 
subparagraph (2)); and (3) granting the committee jurisdiction over 
special controls over the Federal budget in a new subparagraph (4) (now 
subparagraph (3)), including receiving from the former Committee on 
Government Operations (now Oversight and 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 
Oversight and Government Reform retains programmatic jurisdiction over 
that Fund); (2) the Committee on the Budget

[[Page [436]]]

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 chair 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 Oversight and 
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. 47). 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. 27085). 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. 27085). 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 the budget (Feb. 13, 2001, p. 1817).

  (e) Committee on Education and Labor.
      (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.

[[Page [437]]]

      (8) Regulation or prevention of importation of foreign laborers 
under contract.
      (9) Workers' compensation.
      (10) Vocational rehabilitation.
      (11) Wages and hours of labor.
      (12) Welfare of miners.
      (13) Work incentive programs.

  This committee was established 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 the Committee on Education 
and the Workforce (H. Res. 5, Jan. 7, 1997, p. 121) and was again 
redesignated the Committee on Education and Labor in the 110th Congress 
(sec. 212(a), H. Res. 6, Jan. 4, 2007, p. _).
  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 Natural Resources); 
jurisdiction of the committee over international education matters was 
specifically transferred to the Committee on Foreign Affairs; 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. 47).
  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 the Department of Health, Education, and Welfare (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. 
23967), and compensation for work injuries to Federal employees (Apr. 
16, 1975, p. 10339); over bills amending the Community Services Block 
Grant Act

[[Page [438]]]

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 
jurisdiction over a bill comprehensively 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. 1023). 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. This committee, and 
not also the Committees on Oversight and Government Reform and House 
Administration, has jurisdiction over a bill amending the Family and 
Medical Leave Act of 1993 to address only private-sector employees (Oct. 
30, 2007, p. _).

  (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

[[Page [439]]]

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 functions 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 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 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 (sec. 2(d), H. Res. 5, Jan. 3, 2001, p. 25).
  In the 74th Congress the jurisdictional statement of the committee was 
amended to include jurisdiction over bills relating to radio, and to 
transfer jurisdiction over water transportation, Coast Guard, lifesaving 
service,

[[Page [440]]]

lighthouses, lightships, ocean derelicts, Coast and Geodetic Survey, and 
the Panama Canal to 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 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 and Technology) (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. (15)), 
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, and jurisdiction over trading with the enemy to 
the Committee on Foreign Affairs (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 (now Science and Technology), 
while the Committee on Energy and Commerce

[[Page [441]]]

obtained jurisdiction over regulation of the domestic nuclear energy 
industry (subpara. (13)) from the Committee on Natural 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. 47). In the 107th Congress the committee's 
jurisdiction over securities and exchanges was transferred to the 
Committee on Financial Services (sec. 2(d), H. Res. 5, Jan. 3, 2001, p. 
25). The Speaker inserted in the Congressional Record a memorandum of 
understanding between the two committees to clarify the nature of this 
transfer (Jan. 30, 2001, p. 995), the final two paragraphs of which no 
longer provide jurisdictional guidance (Jan. 4, 2005, p. _).
  The committee has the special oversight responsibility under clause 
3(e) 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 
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 over bills affecting domestic 
and foreign commerce, except such as may affect the revenue (IV, 4097). 
It also has jurisdiction over 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). 
This committee formerly had jurisdiction over bills proposing 
construction of bridges across navigable streams, which now are banned 
under clause 4 of rule XII if private (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 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),

[[Page [442]]]

bills creating civil remedies for false 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 Labor, 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 Education 
and Labor (then Education and the Workforce) (Feb. 10, 2000, p. 1023). 
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.


[[Page [443]]]


  This committee was established in 1865 as the Committee on Banking and 
Currency (IV, 4082). In the Committee Reform Amendments of 1974, 
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 (sec. 2(d), H. Res. 5, Jan. 3, 2001, p. 25).
  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 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 
and Technology) 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). Before 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 Foreign Affairs), 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 Foreign Affairs, 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. 47). In the 107th Congress jurisdiction over securities and 
exchanges was transferred from the Committee on Energy and Commerce to 
this committee (sec. 2(d), H. Res. 5, Jan. 3, 2001, p. 25). As a result 
of the new jurisdiction of the Committee

[[Page [444]]]

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. 25). In the 107th 
Congress this committee also received jurisdiction over insurance 
generally (sec. 2(d), H. Res. 5, Jan. 3, 2001, p. 25). 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. 995), the final 
two paragraphs of which no longer provide jurisdictional guidance (Jan. 
4, 2005, p. _). A technical change to subparagraph (6) was effected in 
the 108th Congress (sec. 2(u), H. Res. 5, Jan. 7, 2003, p. 7).
  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 over 
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 Foreign Affairs.
      (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.

[[Page [445]]]

      (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 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 the 110th 
Congress it was changed back to Foreign Affairs (sec. 213(a), H. Res. 6, 
Jan. 4, 2007, p. _).
  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 those 
relating to sugar (subpara. (6)), formerly within the jurisdiction of 
the Committee on Agriculture; trading with the enemy (subpara. (16)), 
formerly within the juris

[[Page [446]]]

diction 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 Natural Resources) (H. 
Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). When the legislative 
jurisdiction of the Joint Committee on Atomic Energy in the House 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. 
47).
  It has broad jurisdiction over foreign relations, including boundary 
lines between the United States and foreign nations, bridges and dams on 
international waters (IV, 4166; see also the ``General Bridge Act,'' 33 
U.S.C. 525, 533), the protection of American citizens abroad and 
expatriation (IV, 4169; VII, 1883), extradition with foreign nations, 
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).
  The committee also has 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 general but not exclusive 
jurisdiction over legislation relating to claims affecting international 
relations (IV, 4168; VII, 1882). Pursuant to its jurisdiction over 
international education, the committee (and not the 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).

[[Page [447]]]

  The special oversight function of the committee set forth in clause 
3(f) of rule X (current clause 3(g) of rule X) was made effective 
January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470).


  (i) Committee on Homeland Security.
      (1) Overall homeland <> security policy.
      (2) Organization and administration of the Department of Homeland 
Security.
      (3) Functions of the Department of Homeland Security relating to 
the following:
          (A) Border and port security (except immigration policy and 
non-border enforcement).
          (B) Customs (except customs revenue).
          (C) Integration, analysis, and dissemination of homeland 
security information.
          (D) Domestic preparedness for and collective response to 
terrorism.
          (E) Research and development.
          (F) Transportation security.

  This committee was established in the 109th Congress (sec. 2(a), H. 
Res. 5, Jan. 4, 2005, p. _). For debate (and material submitted during 
debate) that may edify the reader on the jurisdictional issues 
surrounding the new committee, see January 4, 2005, p. _. The Speaker 
announced that the referral of measures in the 108th Congress to the 
Select Committee on Homeland Security would not constitute precedent for 
referral to this committee (Jan. 4, 2005, p. _).
  In the <> 107th Congress the House established a Select Committee on 
Homeland Security (H. Res. 449, June 19, 2002, p. 10722). 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. 23433). In the 108th Congress the House reestablished a 
Select Committee on Homeland Security (sec. 4, H. Res. 5, Jan. 7, 2003, 
p. 11). Its mission was to develop recommendations on such matters that 
relate to the Home

[[Page [448]]]

land 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.

  (j) 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 (r)(11), the Library of 
Congress, including management thereof; the House Library; statuary and 
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 (r)(11)).
      (6) Expenditure of accounts described in subparagraph (1).
      (7) Franking Commission.
      (8) Printing and correction of the Congressional Record.

[[Page [449]]]

      (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 Resident 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

[[Page [450]]]

as the House Commission on Congressional Mailing Standards) in 
subparagraph (7), while transferring to the Committee on Resources (now 
Natural 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. 47). 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. 25).

  The <> Committee has jurisdiction 
over measures relating to the House Restaurant (2 U.S.C. 2041), 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), and then 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 
compensation, 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, and House Information Resources.

  Under <> the Reorganization Act the 
committee has jurisdiction over 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 Smithso

[[Page [451]]]

nian Institution, which fall under the jurisdiction of the Committee on 
Transportion (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 over 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. 101), are elected by resolution each 
Congress.
  The committee has jurisdiction over 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. 25).

  (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) Criminal law enforcement.
      (8) Federal courts and judges, and local courts in the Territories 
and possessions.
      (9) Immigration policy and non-border enforcement.
      (10) Interstate compacts generally.
      (11) Claims against the United States.

[[Page [452]]]

      (12) Meetings of Congress; attendance of Members, Delegates, and 
the Resident Commissioner; and their acceptance of incompatible offices.
      (13) National penitentiaries.
      (14) Patents, the Patent and Trademark Office, copyrights, and 
trademarks.
      (15) Presidential succession.
      (16) Protection of trade and commerce against unlawful restraints 
and monopolies.
      (17) Revision and codification of the Statutes of the United 
States.
      (18) State and territorial boundary lines.
      (19) <> 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 Oversight and 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), now (19)) (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) (now (8)); and combined former 
subparagraphs (13) and (14) in a new subparagraph (13) (now (14)) (sec. 
202(a),

[[Page [453]]]

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. 47). In the 109th Congress the House 
established the Committee on Homeland Security with jurisdiction over 
certain functions of the Department of Homeland Security that resulted 
in a conforming change to subparagraph (9) (sec. 2(a)(1), H. Res. 5, 
Jan. 4, 2005, p. _). For debate (and material submitted during debate) 
that may edify the reader on the jurisdictional issues surrounding the 
creation of the Committee on Homeland Security, see January 4, 2005, p. 
_. In the 109th Congress the House added subparagraph (7) (sec. 2(a)(2), 
H. Res. 5, Jan. 4, 2005, p. _).
  Under subparagraph (15) 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, 1998, p. 27819). If the House has voted to impeach, 
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. 28112; Jan. 6, 1999, p. 15).
  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 (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 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 (VII, 1768), meeting 
of Congress and attendance of Members and their acceptance of 
incompatible offices (IV, 4077).
  The committee also has jurisdiction over joint resolutions proposing 
amendments to the Constitution (IV, 4056; VII, 1779). 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).

[[Page [454]]]

  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), eliminating racketeering in the interstate sale of 
cigarettes (Feb. 9, 1972, p. 3429), providing worker's compensation for 
non-Federal firefighters killed during civil disorder (May 6, 1968, p. 
11798) or to non-Federal policemen and firemen (Dec. 12, 1975, p. 
40204), 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 sole jurisdiction over the Legal 
Services Corporation (Nov. 19, 1975, p. 37288). The committee has 
exercised jurisdiction, with the Committee on Education and Labor, 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 Oversight and Government Reform, and 
not this committee, has jurisdiction over pay adjustments for 
administrative law judges (July 31, 1991, p. 20677; June 10, 1999, p. 
12435). The Committee on Natural Resources, and not this committee, has 
jurisdiction over a bill to designate an immigration museum within a 
facility of the National Park Service (July 8, 2004, p. _).
  The committee has the general oversight responsibility set forth in 
clause 2(b).

  (l) Committee on Natural 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.

[[Page [455]]]

      (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 relating 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.

[[Page [456]]]

      (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. 
883); to Natural Resources (H. Res. 5, Jan. 5, 1993, p. 49); to 
Resources (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464); and back to 
Natural Resources (sec. 214(a), H. Res. 6, Jan. 4, 2007, p. _).
  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 miners, formerly 
under the jurisdiction of the Committee on Mines and Mining, in the 
Committee on Education and Labor. Until the Reorganization Act, military 
parks, battlefields, and national cemeteries were under the 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 the 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 Trans

[[Page [457]]]

portation 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 House recodified its rules in the 106th 
Congress, (H. Res. 5, Jan. 6, 1999, p. 47).
  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 created out of the public 
domain (IV, 4197, 4199), including measures relating to criminal 
trespass provisions applying only within national forests created from 
the public domain (July 18, 1977, p. 23434); admission of States (IV, 
4208); preservation of prehistoric ruins and objects of interest on the 
public domain (IV, 4199); and 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 park land 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. 18796). 
The Committee on National Security (now Armed Services), and not this 
committee,

[[Page [458]]]

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 Labor, 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. 23967). This 
committee, and not the Committee on Agriculture, has jurisdiction over a 
bill to convey land that is part of a National Forest created from the 
public domain (Mar. 23, 2004, p. _). This committee, and not the 
Committee on the Judiciary, has jurisdiction over a bill to designate an 
immigration museum within a facility of the National Park Service (July 
8, 2004, p. _). This committee, and not the Committee on Transportation 
and Infrastructure, has jurisdiction over a bill addressing a federal 
water project operated by the Bureau of Reclamation (June 25, 2007, p. 
_).
  The authority of the committee to report as privileged bills for the 
forfeiture of land grants to railroad and other corporations, preventing 
speculation in the public lands, for the preservation of the public 
lands for the benefit of actual and bona fide settlers, and 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 Oversight and 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.
      (5) Holidays and celebrations.
      (6) Overall economy, efficiency, and management of government 
operations and activities, including Federal procurement.
      (7) National archives.

[[Page [459]]]

      (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), in 
the 106th Congress to Government Reform (H. Res. 5, Jan. 6, 1999, p. 
47), and in the 110th Congress to Oversight and Government Reform (sec. 
215(a), H. Res. 6, Jan. 4, 2007, 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 was stricken 
from the jurisdictional statement of this committee in the 104th 
Congress (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464), 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 (subpara. (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 committee'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

[[Page [460]]]

on the Budget. Three rereferrals from this committee 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 this committee) 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. 
47).
  The committee has exercised jurisdiction over bills: waiving 
Reorganization Plans to establish 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. 
22933), even if the post office building also houses a courthouse (Sept. 
14, 2000, p. 18054). 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 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 separa

[[Page [461]]]

tion 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. 23186). 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. 12435).
  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. The committee may authorize the taking of depositions 
pursuant to subpoena (clause 4(c)(3) of rule X). 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). Under section 2954 of title 5, United States Code, an executive 
agency, if so requested by this committee or any seven members thereof, 
shall submit any information requested of it relating to any matter 
within the jurisdiction of the committee.

  (n) 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. 47). 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

[[Page [462]]]

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 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), to create 
committees (IV, 4322; VII, 2048), and to direct 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 chair 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

[[Page [463]]]

jurisdiction, over a bill amending the Budget Act to establish new 
legislative points of order and directing that the President include a 
specified matter in the budget (Feb. 13, 2001, p. 1817).

  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 this 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 to provide that a subject be made a special order by way of 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 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; H. Res. 5, Jan. 4, 2007, p. _). A special 
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 that 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 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 chair (in the temporary absence of the chair) 
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-
863, infra.

  (o) Committee on Science and Technology.
      (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.

[[Page [464]]]

      (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.
      (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(k)). 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

[[Page [465]]]

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 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. 47). The 
110th Congress renamed the committee as the Committee on Science and 
Technology (sec. 216(a), H. Res. 6, Jan. 4, 2007, p. _).
  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 Natural 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 Natural 
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. 18796).

  (p) 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.


[[Page [466]]]


  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(l)). 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 undesignated recitation of general 
and special oversight functions (H. Res. 5, Jan. 6, 1999, p. 47).

  (q) 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

[[Page [467]]]

of a redundant undesignated recitation of general and special functions 
(H. Res. 5, Jan. 6, 1999, p. 47).
  Three 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, rule XXV, 
limitations on outside earned income and acceptance of gifts, and rule 
XXVII, disclosure of employment negotiations.
  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 the 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''). The House referred to the 
committee a resolution relating to the House Page Program offered as a 
question of privilege (H. Res. 1065, 109th Cong., Sept. 29, 2006, p. _).
  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 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 (110th 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.

[[Page [468]]]

  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).
  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).
  For Office of Congressional Ethics, see Sec. 1125h, infra.

  (r) 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.

[[Page [469]]]

      (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 courthouses, 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 (except the 
Transportation Security Administration).
      (19) Roads and the safety thereof.
      (20) Transportation, including civil aviation, railroads, water 
transportation, transportation safety (except automobile safety and 
transpor

[[Page [470]]]

tation security functions of the Department of Homeland Security), 
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 Natural 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 Commission, 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. 47). In the 109th Congress the House established the Committee 
on Homeland Security (sec. 2(a), H. Res. 5, Jan. 4, 2005, p. _). The new 
committee was given jurisdiction over certain functions of the 
Department of Homeland Security that resulted in two conforming changes 
to this paragraph. For debate (and material submitted during debate) 
that may edify the reader on the jurisdictional issues surrounding the 
creation of that committee, see January 4, 2005, p. _.
  The committee has jurisdiction over proposals establishing Treasury 
revolving funds for the Southeastern and Southwestern Power Administra

[[Page [471]]]

tions (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), 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 Oversight and 
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. 22933) and renaming an existing post office building that 
also housed a courthouse (Sept. 14, 2000, p. 18054). However, this 
committee, and not the Committee on Oversight and Government Reform, has 
jurisdiction over a bill redesignating a general-purpose Federal 
building as a post office (Apr. 24, 1997, p. 6291). 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 Natural 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 Oversight 
and 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. 23186).
  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 Oversight and Government Reform) over a bill 
to require the Administrator

[[Page [472]]]

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 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).

  (s) 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).
      (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 servicemembers to civil life.
      (7) Servicemembers' 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' Legisla

[[Page [473]]]

tion (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 Natural 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 
Labor. The committee has jurisdiction over bills to amend the 
Servicemembers Civil Relief Act 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. 47). Technical changes to subparagraphs (6) and (7) 
were effected in the 109th Congress (sec. 2(l), H. Res. 5, Jan. 4, 2005, 
p. _).

  (t) Committee on Ways and Means.
      (1) <> Customs revenue, 
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.
      (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 
Bank

[[Page [474]]]

ing 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; 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 Reform Amendments 
also transferred jurisdiction over general revenue sharing from this 
committee to the Committee on Government Operations (now Oversight and 
Government Reform); however, revenue sharing was stricken from the 
jurisdictional statement of that committee in the 104th Congress (sec. 
202(a), H. Res. 6, Jan. 4, 1995, p. 464).
  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) 
(formerly 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. 47). In the 109th Congress the House established the Committee 
on Homeland Security (sec. 2(a), H. Res. 5, Jan. 4, 2005, p. _), which 
was given jurisdiction over certain functions of the Department of 
Homeland Security that resulted in a conforming change to this 
paragraph. For debate (and material submitted during debate) that may 
edify the reader on the jurisdictional issues surrounding the creation 
of that committee, see January 4, 2005, 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 Committee on Merchant Marine and 
Fisheries (VII, 1725, 1851). As exemplified by sequential referrals in 
the 96th Congress, the committee has jurisdiction over reported bills 
creating major oil spill and hazardous waste trust funds in the 
Treasury, funded by assessments on all quantities of oil, petrochemical 
feedstocks, and other hazardous substances offered for

[[Page [475]]]

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. 27085). 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. 
27085).
  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 Natural 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).
  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).


[[Page [476]]]


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 responsibilities for the administration and execution of 
laws and programs addressing subjects within its jurisdiction;

[[Page [477]]]

      (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 
Oversight and Government Reform and to the Committee on House 
Administration. In developing its plan each committee shall, to the 
maximum extent feasible--

[[Page [478]]]

      (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;
      (D) have a view toward ensuring that all significant laws, 
programs, or agencies within its jurisdiction are subject to review 
every 10 years; and
      (E) have a view toward insuring against duplication of Federal 
programs.
  (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 Oversight and 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 most effective coordination

[[Page [479]]]

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). Oversight responsibilities are also 
contained in section 190d of title 2, United States Code. On January 14, 
1975, the size of those standing committees required by clause 2(b)(2) 
(formerly 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 Oversight and 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 the 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 Oversight and Government Reform) and House Oversight (now 
House Administration). The 104th Congress also added paragraph (e) (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. 47). Clause 
2(d)(1)(B) was added in the 107th Congress (sec. 2(e), H. Res. 5, Jan. 
3, 2001, p. 25). Clause 2(d)(1)(E) was added in the 109th Congress (sec. 
2(b), H. Res. 5, Jan. 4, 2005, p. _). Paragraph (d) was amended in the 
110th Congress to reflect a change in committee name (sec. 215(b), H. 
Res. 6, Jan. 4, 2007, p. _).


[[Page [480]]]

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 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.
  (c) 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.
  (d) The Committee on Education and Labor 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 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.

[[Page [481]]]

  (f) The Committee on Foreign Affairs 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)(1) The Committee on Homeland Security shall review and study on a 
continuing basis all Government activities relating to homeland 
security, including the interaction of all departments and agencies with 
the Department of Homeland Security.
  (2) In addition, the committee shall review and study on a primary and 
continuing basis all Government activities, programs, and organizations 
related to homeland security that fall within its primary legislative 
jurisdiction.
  (h) The Committee on Natural Resources shall review and study on a 
continuing basis laws, programs, and Government activities relating to 
Native Americans.
  (i) The Committee on Oversight and 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.
  (j) 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.

[[Page [482]]]

  (k) The Committee on Science and Technology shall review and study on 
a continuing basis laws, programs, and Government activities relating to 
nonmilitary research and development.
  (l) The Committee on Small Business shall study and investigate on a 
continuing basis the problems of all types of small business.
  (m) 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 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 
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 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 
(e) (formerly 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 Oversight and Government Reform 
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 Natural Resources 
and Energy and Commerce were adopted to reflect the transfer of 
jurisdiction over nonmilitary nuclear energy from the Committee on 
Natural Resources to the Committee on Energy and Commerce (H. Res. 254, 
Nov. 30, 1995, p. 35077). Paragraph (j) 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 (except for paragraphs (g) and (m)) 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.

[[Page [483]]]

7, 1997, p. 121; H. Res. 5, Jan. 6, 1999, p. 47; H. Res. 6, Jan. 4, 
2007, 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 Oversight and 
Government Reform and Appropriations found in clause 2 (H. Res. 5, Jan. 
6, 1999, p. 47). The oversight authority of the Permanent Select 
Committee on Intelligence in paragraph (m) was added in the 107th 
Congress (sec. 2(f), H. Res. 5, Jan. 3, 2001, p. 25). The Committee on 
Homeland Security was established in the 109th Congress and given the 
oversight authority set forth in paragraph (g)(1) (sec. 2(a), H. Res. 5, 
Jan. 4, 2005, p. _). Paragraph (g)(2) was added in the 111th Congress 
(sec. 2(b), H. Res. 5, Jan. 6, 2009, 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 chair 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 Congress to provide that the Speaker, the Majority and Minority 
Leaders, and the chair 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

[[Page [484]]]

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 
furnished 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. 47).

-  (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

[[Page [485]]]

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 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

[[Page [486]]]

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) 
(formerly paragraph (h)) was originally 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. 47).

  (5)(A) <> There 
is established a Select Intelligence Oversight Panel of the Committee on 
Appropriations (hereinafter in this paragraph referred to as the 
``select panel''). The select panel shall be composed of not more than 
13 Members, Delegates, or the Resident Commissioner appointed by the 
Speaker, of whom not more than eight may be from the same political 
party. The select panel shall include the chair and ranking minority 
member of the Committee on Appropriations, the chair and ranking 
minority member of its

[[Page [487]]]

Subcommittee on Defense, six additional members of the Committee on 
Appropriations, and three members of the Permanent Select Committee on 
Intelligence.
  (B) The Speaker shall designate one member of the select panel as its 
chair and one member as its ranking minority member.
  (C) Each member on the select panel shall be treated as though a 
member of the Committee on Appropriations for purposes of the select 
panel.
  (D) The select panel shall review and study on a continuing basis 
budget requests for and execution of intelligence activities; make 
recommendations to relevant subcommittees of the Committee on 
Appropriations; and, on an annual basis, prepare a report to the Defense 
Subcommittee of the Committee on Appropriations containing budgetary and 
oversight observations and recommendations for use by such subcommittee 
in preparation of the classified annex to the bill making appropriations 
for the Department of Defense.
  (E) Rule XI shall apply to the select panel in the same manner as a 
subcommittee (except for clause 2(m)(1)(B) of that rule).
  (F) A subpoena of the Committee on Appropriations or its Subcommittee 
on Defense may specify terms of return to the select panel.

  Subparagraph (5) was added in the 110th Congress (H. Res. 35, Jan. 9, 
2007, p. _). Gender-based references were eliminated in the 111th 
Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _).

  (b) The Committee on the Budget shall--

[[Page [488]]]

      (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 
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.

[[Page [489]]]

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. 47).

  (c)(1) <> The 
Committee on Oversight and 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.
      (2) In addition to its duties under subparagraph (1), the 
Committee on Oversight and 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 com

[[Page [490]]]

mittee having jurisdiction over the matter involved.
  (3)(A) The Committee on Oversight and Government Reform may adopt a 
rule authorizing and regulating the taking of depositions by a member or 
counsel of the committee, including pursuant to subpoena under clause 
2(m) of rule XI (which hereby is made applicable for such purpose).
  (B) A rule adopted by the committee pursuant to this subparagraph--
      (i) may provide that a deponent be directed to subscribe an oath 
or affirmation before a person authorized by law to administer the same; 
and
      (ii) shall ensure that the minority members and staff of the 
committee are accorded equitable treatment with respect to notice of and 
a reasonable opportunity to participate in any proceeding conducted 
thereunder.
  (C) Information secured pursuant to the authority described in 
subdivision (A) shall retain the character of discovery until offered 
for admission in evidence before the committee, at which time any proper 
objection shall be timely.

  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 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. 24). Clerical and 
stylistic changes were effected when the House recodified its rules in 
the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). Under section 2954 
of title 5, United States Code, an executive agency, if so requested by 
this committee or any seven

[[Page [491]]]

members thereof, shall submit any information requested of it relating 
to any matter within the jurisdiction of the committee. Paragraph (c)(3) 
was added in the 110th Congress (sec. 502, H. Res. 6, Jan. 4, 2007, p. _ 
(adopted Jan. 5, 2007)). Other comittees have been granted such 
authority for specific investigations (Dec. 5, 2007, p. _; sec. 4(f), H. 
Res. 5, Jan. 6, 2009, 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) oversee the management of services provided to the House by the 
Architect of the Capitol, except those services that lie within the 
jurisdiction of the Committee on Transportation and Infrastructure under 
clause 1(r);
  (C) <> 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
  (D) promulgate regulations to carry out subdivision (C).
  (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 chair and 
ranking minority member of the Committee on House Administration 
concerning the amount of such payment.


[[Page [492]]]


  The duty of the committee 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, in the 107th Congress the House 
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. 24). The 
Committee also provides policy review and oversight of the Chief 
Executive Officer for Visitor Services within the Office of the 
Architect of the Capitol (sec. 6701, P.L. 110-28). 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). In the 111th Congress a new subparagraph 
(1)(B) was inserted regarding the Architect of the Capitol (and existing 
subparagraphs (1)(B) and (1)(C) were redesignated) (sec. 2(c), H. Res. 
5, Jan. 6, 2009, p. _). 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 changes were effected when the House recodified its rules 
in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). The 107th 
Congress transferred the committee's responsibilities with respect to 
enrolled bills (formerly paragraph (d)(1)(A)) to the Clerk (clause 
2(d)(2) of rule II) (sec. 2(b), H. Res. 5, Jan. 3, 2001, p. 25).

  (e)(1) <> Each standing 
committee shall, in its consideration of all public bills and public 
joint resolutions within its

[[Page [493]]]

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. 
47).

Budget Act responsibilities
  (f)(1) <> Each standing 
committee shall submit to the Committee on the Budget not later than six 
weeks after the submission of the budget by the President, or at such 
time as the Committee on the Budget may request--

[[Page [494]]]

      (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 were 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 well as the first 
concurrent resolution on the budget for fiscal year 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. 47). 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. 
47), but committees are still required to submit such rec

[[Page [495]]]

ommendations 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. 47). 
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. 24), which was reinstated in the 108th Congress 
as rule XXVII (sec. 2(t), H. Res. 5, Jan. 7, 2003, p. 7) and renumbered 
in the 110th Congress as rule XXVIII (sec. 301, P.L. 110-81). A gender-
based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 
5, Jan. 6, 2009, 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 resolutions 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) if offered by direction of the 
respective party caucus (a requirement that 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 
committees is discussed in detail in Deschler, ch. 17, Sec. 9. In the 
99th Congress the requirement for 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

[[Page [496]]]

provision was found in former clause 6 of rule X (H. Res. 5, Jan. 6, 
1999, p. 47).

  (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 designated by the elected leadership of the 
majority party; and
      (iii) one Member designated by 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 described in subdivision (A)(ii) or 
(A)(iii) 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) A Member, Delegate, or Resident Commissioner may exceed the 
limitation of subdivision (B) if elected to serve a second consecutive 
Congress as the chair or a second consecutive Congress as the ranking 
minority member.

  This paragraph (formerly clause 1(d) of rule X) was amended in the 
96th Congress to relax the limitation on Members' service on the Budget 
Committee 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 chair who 
had served on the committee for three Congresses and as chair for not 
more than one Congress to be eligible for reelection as chair for one 
additional Congress (H. Res. 5, Jan. 15, 1979, p. 8). It was again 
amended in the 100th Congress to

[[Page [497]]]

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 the 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 a third 
term on the committee to serve one additional term on the committee 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 chair or 
as ranking minority member during a fourth such Congress may serve in 
either capacity during a fifth, so long as not thereby exceeding two 
consecutive terms as chair 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. 47). The special tenure limitation for the chair and 
ranking minority member was replaced in the 108th Congress with a 
provision subjecting the chair only to the overall tenure limitation 
that applies to all standing committee chairs (sec. 2(e-1), H. Res. 5, 
Jan. 7, 2003, p. 7). This provision was replaced in the 111th Congress 
with an exception to the tenure limitation for the second consecutive 
Congress in which a chair or ranking minority member serves (sec. 2(d), 
H. Res. 5, Jan. 6, 2009, p. _). In the 109th Congress subdivisions 
(A)(ii) and (A)(iii) were amended to address a member designated by the 
elected leadership as opposed to a member of the elected leadership of 
each party, and a conforming change was made to subdivision (B) (sec. 
2(c), H. Res. 5, Jan. 4, 2005, 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). In the 
99th Congress, the House 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. 7).

[[Page [498]]]

  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. 47).

  (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 chair or the ranking minority 
member of the committee.
  (4)(A) At the beginning of a Congress, the Speaker or a designee and 
the Minority Leader or a designee each shall name 10 Members, Delegates, 
or the Resident Commissioner from the respective party of such 
individual 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 chair and the ranking minority member of the 
Committee on Standards of Official Conduct jointly determine that Mem

[[Page [499]]]

bers, 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 the respective party of such 
individual to serve on that subcommittee.

  Before the 93d Congress, the rule that established the size of the 
Committee on Standards of Official Conduct at 12 members also required 
that its membership be equally divided between the parties. Effective in 
the 93d Congress, the ratio of the committee was codified in the first 
sentence of subparagraph (3)(A) (formerly 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. 19336; H. Res. 5, Jan. 6, 1999, p. 47). 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. 19336), but 
was deleted in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). 
Subparagraph (4) (formerly clause 6(a)(3)) was adopted in the 105th 
Congress (sec. 1, H. Res. 168, Sept. 18, 1997, p. 19335). The 106th 
Congress 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. 47). Gender-based references were eliminated in the 111th 
Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, 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. 47).

  (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

[[Page [500]]]

Member, Delegate, or Resident Commissioner shall automatically cease to 
be a member of each standing committee to which elected on the basis of 
nomination by that caucus or conference. The chair 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 chair 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 chair 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) may be 
approved by the House on the recommendation of the relevant party caucus 
or conference.

[[Page [501]]]

  (C) In this subparagraph the term ``subcommittee'' includes a panel 
(other than a special 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 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. 19335). A technical correction was 
effected in the 106th Congress to conform references to a renamed 
committee (H. Res. 5, Jan. 6, 1999, p. 47). A technical correction to 
paragraph (b)(2)(B)(iii) was effected in the 109th Congress (sec. 2(l), 
H. Res. 5, Jan. 4, 2005, p. _). Gender-based references were eliminated 
in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, 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. 16586; Feb. 1, 2000, p. 401; Sept. 13, 2000, p. 
17832). The Speaker also lays before the House a communication from a 
Member announcing a change in party affiliation (Sept. 13, 2000, p. 
17832). 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. 17832). The earlier practice was for 
the minority party to handle committee assignments for third-party 
Members (VIII, 2184-2185). In the latter practice, a major party takes 
that responsibility by separate resolution (see, e.g., H. Res. 45, Jan. 
24, 1991, p. 2171).

  (c) <> 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 chair thereof. In the 
absence of the member serving as

[[Page [502]]]

chair, the member next in rank (and so on, as often as the case shall 
happen) shall act as chair. Rank shall be determined by the order 
members are named in resolutions electing them to the committee. In the 
case of a vacancy in the elected chair of a committee, the House shall 
elect another chair.

  The requirement that nominations for chairs 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). A provision 
addressing temporary and permanent vacancies in chairs was adopted on 
April 5, 1911 (VIII, 2201), and was continued in the Legislative 
Reorganization Act of 1946 (60 Stat. 812), but the 111th Congress 
deleted such references when clarifying the devolution of authority in 
case of absence or vacancy (sec. 2(m), H. Res. 5, Jan. 6, 2009, p. _). 
The 104th Congress adopted a limitation on terms for committee and 
subcommittee chairs (sec. 103(b), H. Res. 6, Jan. 4, 1995, p. 462). The 
109th Congress excepted the Committee on Rules from that limitation 
(sec. 2(c), H. Res. 5, Jan. 4, 2005, p. _). The 111th Congress repealed 
the limitation (sec. 2(d), H. Res. 5, Jan. 6, 2009, p. _). Gender-based 
references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, 
Jan. 6, 2009, p. _). 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. 47).
  In the 102d Congress a resolution included as a matter properly 
incidental to its election of the chair of a standing committee a 
proviso that his powers and duties be exercised by the vice chair 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 
chair to exercise the powers and duties of a chair 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.
  (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 Oversight and

[[Page [503]]]

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. 
47). In the 110th Congress it was amended to reflect a change in the 
name of a committee (sec. 215(e), H. Res. 6, Jan. 4, 2007, 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. 47).
  Notwithstanding clause 5(d), the Committee on Oversight and 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. 
47; sec. 3(c), H. Res. 5, Jan. 3, 2001, p. 26); the Committee on Foreign 
Affairs was permitted to have not more than six during the 107th and 
108th Congresses and not more than seven during the 109th, 110th, and 
111th Congresses (sec. 3(c), H. Res. 5, Jan. 3, 2001, p. 26; sec. 3(b), 
H. Res. 5, Jan. 7, 2003, p. 11; sec. 3(b), H. Res. 5, Jan. 4, 2005, p. 
_; sec. 511(b), H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 2007); 
sec. 3(b), H. Res. 5, Jan. 6, 2009, p. _); the Committee on 
Transportation and Infrastructure was permitted to have not more than 
six during the 107th through 111th Congresses (sec. 3(c), H. Res. 5, 
Jan. 3, 2001, p. 26; sec. 3(b), H. Res. 5, Jan. 7, 2003, p. 11; sec. 
3(b), H. Res. 5, Jan. 4, 2005, p. _; sec. 511(b), H. Res. 6, Jan. 4, 
2007, p. _ (adopted Jan. 5, 2007); sec. 3(b), H. Res. 5, Jan. 6, 2009, 
p. _); and the Committee on Armed Services was permitted to have not 
more than six during the 108th and 109th Congresses and not more than 
seven during the 110th and 111th Congress (sec. 3(b), H. Res. 5, Jan. 7, 
2003, p. 11; sec. 3(b), H. Res. 5, Jan. 4, 2005, p. _; sec. 511(b), H. 
Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 2007); sec. 3(a)(1), H. Res. 
5, Jan. 6, 2009, 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) by creating a new 
subcommittee on Homeland Security and combining the subcommittees on 
Transportation and Treasury, Postal Service and General Government. That 
committee reduced the number of its subcommittees to 10 in the 109th 
Congress, and increased it to 12 in the 110th Congress. In each case, 
the committee's reorganization was in compliance with this clause.


[[Page [504]]]


  (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 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. 47).
  Form of resolution electing a Member to a committee and fixing 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 the 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

[[Page [505]]]

(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 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 sal

[[Page [506]]]

aries) 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. 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

[[Page [507]]]

      (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 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 
were 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. 47). 
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. 47).
  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

[[Page [508]]]

payment of its expenses from the contingent fund of the House (now 
referred to as ``applicable accounts of the House described in clause 
1(j)(1) of rule X'') was held not to be subject to a point of order 
under clause 5(a) of rule XI (now clause 6(a) of this rule) for lack of 
report language detailing the funding provided, because the resolution 
was called up at the beginning of the session before consideration of a 
primary expense resolution for all committees for that calendar year 
(Feb. 5, 1992, p. 1621).

  (d) <> From the funds made available for the appointment of 
committee staff by a primary or additional expense resolution, the chair 
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 chair 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 
adopted in the 92d Congress, the paragraph 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. 47). A gender-based reference was 
eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, 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. 47).


[[Page [509]]]

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 accounts 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 in

[[Page [510]]]

volved, signed by the chair 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 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 
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 (formerly 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 Committee on House Administration to 
establish interim funding for

[[Page [511]]]

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. 47). Clerical corrections were 
effected in the 107th Congress (sec. 2(x), H. Res. 5, Jan. 3, 2001, p. 
24). Paragraph (e) was simplified and a gender-based reference was 
eliminated in the 111th Congress (secs. 2(l), 2(m), H. Res. 5, Jan. 6, 
2009, 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. 47).
  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). The House by unanimous consent has agreed to a resolution 
providing funding for interim expenses of a new select committee (H. 
Res. 77, Feb. 13, 2003, p. 3793) and a new standing committee (Jan. 4, 
2005, p. _).

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 clause 6, 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

[[Page [512]]]

excess of the maximum per diem set forth in applicable Federal law.
      (2) A member or employee shall be reimbursed for the expenses of 
such individual 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) incurred during that day.
      (3) <> Each member or employee of 
a committee shall make to the chair 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 chair 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.

[[Page [513]]]

  (2) A member or employee shall be reimbursed for the expenses of such 
individual 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) 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.

  Before the adoption of this clause (formerly 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

[[Page [514]]]

XXV (redesignated as rule XXIV in the 107th Congress) (H. Res. 5, Jan. 
6, 1999, p. 47). Clerical corrections were effected and gender-based 
references were eliminated in the 111th Congress (secs. 2(l), 2(m), H. 
Res. 5, Jan. 6, 2009, p. _).
  Under section 502(b) of the Mutual Security Act of 1954 (22 U.S.C. 
1754(b)), foreign local currencies owned or purchased by the United 
States may be used for foreign travel expenses by members or employees 
of standing or select committees when authorized by the chair 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 chair 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

[[Page [515]]]

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 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 (formerly 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 chairs 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

[[Page [516]]]

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 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). A gender-based reference was eliminated in the 111th 
Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, 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. 47).
  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 chair certifies that the compensation paid 
by the committee for any such staff is commensurate with the work 
performed for the

[[Page [517]]]

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, 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. 47); in the 107th Congress, which conformed 
references to a redesignated rule (sec. 2(s), H. Res. 5, Jan. 3, 2001, 
p. 24); 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. 7). A gender-
based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 
5, Jan. 6, 2009, 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. 47).

  (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 chair and that does 
not exceed the maximum rate of pay as in effect from time to time under 
applicable provisions of law.

  This provision (formerly 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)(1)), as specified in

[[Page [518]]]

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 the elimination of the former distinction between 
``professional'' and ``clerical'' staff (sec. 101(c)(5), H. Res. 6, Jan. 
4, 1995, p. 462). A gender-based reference was eliminated in the 111th 
Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, 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. 47).

  (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 (formerly 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 XI (H. 
Res. 5, Jan. 6, 1999, p. 47).

  (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 writ

[[Page [519]]]

ten 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. 47).

  (f) If a request for the appointment of a minority professional staff 
member under paragraph (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(j)(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

[[Page [520]]]

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 
paragraph (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) (formerly 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. 47). A clerical correction was effected in the 
107th Congress (sec. 2(x), H. Res. 5, Jan. 3, 2001, p. 24), and a 
conforming change to paragraph (f) was effected in the 109th Congress 
(sec. 2(a), H. Res. 5, Jan. 4, 2005, 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 major

[[Page [521]]]

ity 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) (formerly 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 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. 47).
  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 assigned. The chair of the relevant party

[[Page [522]]]

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 chair 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, Jan. 3, 1983, p. 34). Gender-based references were eliminated in 
the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _). 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. 47).

  (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. 
47). 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

[[Page [523]]]

than 22 Members, Delegates, or the Resident Commissioner, of whom not 
more than 13 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 Foreign Affairs; and
      (D) the Committee on the Judiciary.
  (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 respective 
leadership staff member to assist in the capacity of the Speaker or 
Minority Leader 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).

[[Page [524]]]

  (B) In the case of a Member, Delegate, or Resident Commissioner 
appointed to serve as the chair 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 National 
Intelligence, and the National 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 National 
Intelligence, and the National 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 tac

[[Page [525]]]

tical 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 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 chair 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.

[[Page [526]]]

  (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 consistent with paragraph (g) to 
protect national security.
  (2) The select committee shall obtain annual reports from the Director 
of National Intelligence, 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

[[Page [527]]]

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.
  (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

[[Page [528]]]

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 the employment or contractual 
agreement of such employee or person with the select committee; and
      (2) received an appropriate security clearance, as determined by 
the select committee in consultation with the Director of National 
Intelligence, that is commensurate with the sensitivity of the 
classified information to which 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 informa

[[Page [529]]]

tion 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 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 the President objects to the 
disclosure of such information, provides 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 objections to the disclosure of information as provided in 
subdivi

[[Page [530]]]

sion (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 
chair 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.
  (E) If the chair 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

[[Page [531]]]

divided and controlled by the chair 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.
  (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

[[Page [532]]]

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 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

[[Page [533]]]

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 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 Director of National Intelligence and 
the Office of the Director of National Intelligence.
      (2) The activities of the Central Intelligence Agency.
      (3) The activities of the Defense Intelligence Agency.
      (4) The activities of the National Security Agency.
      (5) The intelligence and intelligence-related activities of other 
agencies and subdivisions of the Department of Defense.
      (6) The intelligence and intelligence-related activities of the 
Department of State.

[[Page [534]]]

      (7) The intelligence and intelligence-related activities of the 
Federal Bureau of Investigation.
      (8) The intelligence and intelligence-related activities of all 
other departments and agencies of the executive branch.
  (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 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

[[Page [535]]]

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.
  (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 (formerly 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 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 limit the size of the panel to 16, with no more than nine members 
from the same party; to set the tenure limitation at four Congresses 
within a period of six Con

[[Page [536]]]

gresses, with exceptions for ongoing service as chair or ranking 
minority member; to make the Speaker (rather than the Majority Leader) 
an ex officio member of the panel (as opposed to former free access to 
its meetings and information); and to conform references to renamed 
committees (sec. 221, H. Res. 6, 104th Cong., Jan. 4, 1995, p. 469); (8) 
to make certain conforming changes (Budget Enforcement Act of 1997, sec. 
10104, P.L. 105-33; H. Res. 5, Jan. 6, 1999, p. 47); (9) 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. 25); (10) to make a clerical correction in a 
cross reference (sec. 2(x), H. Res. 5, 107th Cong., Jan. 3, 2001, p. 
26); (11) to remove the tenure limitation for the chair and ranking 
minority member (sec. 2(e-1), H. Res. 5, 108th Cong., Jan. 7, 2003, p. 
7); (12) to increase the size of the committee to not more than 21 
members, of whom not more than 12 shall be of the same political party 
(H. Res. 51, 109th Cong., Jan. 26, 2005, p. _); (13) to reflect a change 
in the name of a committee (sec. 213(c), H. Res. 6, Jan. 4, 2007, p. _); 
(14) to conform jurisdictional statements to changes in the intelligence 
community (sec. 504, H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 
2007)); (15) to eliminate gender-based references (sec. 2(l), H. Res. 5, 
Jan. 6, 2009, p. _); (16) to increase the size of the committee to not 
more than 22 members, of whom not more than 13 shall be of the same 
political party (H. Res. 97, 111th Cong., Jan. 28, 2009, 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. 47). 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. 25). The Intelligence 
Reform and Terrorism Prevention Act of 2004 (P.L. 108-458) reorganized 
the intelligence community.
  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 committee (H. Res. 
5, Jan. 15, 1979, pp. 7-16); (2) paragraph (d) (formerly 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 committee to vote to go 
into executive session if a majority of the members present, there being 
in attendance the requisite number under the 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); (3) paragraph (d) 
(formerly clause 4) was amended to provide the 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); (4) paragraph (b)(1) (formerly clause 2(a)) was 
amended to clarify jurisdiction over the National Foreign Intelligence 
Program and the tactical intel

[[Page [537]]]

ligence and intelligence-related activities of the Department of Defense 
and paragraph (a)(3) (formerly clause 1(b)) was added to clarify 
staffing arrangements for the Speaker and the Minority Leader as ex 
officio members (sec. 221, H. Res. 6, Jan. 4, 1995, p. 469).
  The resolution creating the 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 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 committee has shared 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 
Technology) and Foreign Affairs 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 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 (formerly 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 House 
Practice, ch. 11, Sec. Sec. 12, 13.
  In the 107th Congress the committee was given oversight authority 
described in clause 3(m) of rule X (sec. 2(f), H. Res. 5, Jan. 3, 2001, 
p. 25).




[DOCID:hd162-69]                         

                                 Rule XI
            procedures of committees and unfinished business

In general
  1. <> (a)(1)(A) The Rules of the 
House are the rules of its committees and subcommittees so far as 
applicable.

[[Page [538]]]

  (B) 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.
  (2)(A) In a committee or subcommittee--
      (i) a motion to recess from day to day, or to recess subject to 
the call of the Chair (within 24 hours), shall be privileged; and
      (ii) a motion to dispense with the first reading (in full) of a 
bill or resolution shall be privileged if printed copies are available.
  (B) A motion accorded privilege under this subparagraph shall be 
decided without debate.

  This paragraph was first adopted December 8, 1931, to provide that the 
Rules of the House are the rules of the standing committees (without 
reference to subcommittees) and to provide for a privileged motion to 
recess from day to day (VIII, 2215). The paragraph was amended March 23, 
1955, when the House adopted rules governing committee investigations 
that are now embodied in clause 2 (pp. 3569-3585). In the 92d Congress 
paragraph (a) was amended in the form contained in the Legislative 
Reorganization Act of 1970 (84 Stat. 1140) to specifically address 
subcommittees (H. Res. 5, Jan. 22, 1971, p. 144). It was amended again 
in the 99th Congress to allow a privileged motion to dispense with the 
first reading of a measure if 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. 47). In the 109th Congress paragraph (a) was reorganized and 
amended to provide for a privileged motion to recess subject to the call 
of the chair (within 24 hours) (sec. 2(d), H. Res. 5, Jan. 4, 2005, p. 
_). For the requirement in Jefferson's Manual that a bill or resolution 
be read in full upon demand, before being read by paragraphs or sections 
for amendment, see Sec. 412, supra.
  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 also has been given subcommittees by the House 
(III, 1754-1759, 1801, 2499, 2504, 2508, 2517; IV, 4548).
  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.


[[Page [539]]]


  (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) 
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

[[Page [540]]]

changes were effected when the House recodified its rules in the 106th 
Congress (H. Res. 5, Jan. 6, 1999, p. 47).

  (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(j)(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. 47), and a conforming 
change was effected in the 109th Congress (sec. 2(a), H. Res. 5, Jan. 4, 
2005, p. _). Clerical and stylistic changes were effected when the House 
recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 
47).

  (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 plan, a summary of any additional oversight activities 
undertaken by that committee, and any

[[Page [541]]]

recommendations made or actions taken thereon. That section shall also 
delineate any hearings held pursuant to clauses 2(n), (o), or (p) of 
this rule.
  (4) After an adjournment sine die of the last regular session of a 
Congress, the chair 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. 47). In the 111th Congress, the House amended 
subparagraph (3) to require the inclusion of hearings under paragraphs 
(n), (o), and (p) of this clause in the oversight section of activities 
reports (H. Res. 40, Jan. 14, 2009, p. _), and eliminated a gender-based 
reference (sec. 2(l), H. Res. 5, Jan. 6, 2009, 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

[[Page [542]]]

or joint resolution number and subject matter (sec. 107(b), P.L. 104-4; 
109 Stat. 63).

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.
  (3) A committee may adopt a rule providing that the chair be directed 
to offer a motion under clause 1 of rule XXII whenever the chair 
considers it appropriate.

  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.

[[Page [543]]]

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 in which a Senate 
committee failed to publish in the Record a rule regarding a quorum for 
the purpose of taking sworn testimony. 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. 47). 
Subparagraph (3) was added in the 109th Congress (sec. 2(d), H. Res. 5, 
Jan. 4, 2005, p. _). Gender-based references were eliminated in the 
111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, 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. 14014).
  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 before 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 governs the House and its committees in all 
cases to which it is applicable (clause 1 of rule XXIX). 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, 427, supra) generally apply to proceedings in committees 
of the House of Representatives, except that because a measure 
considered in committee must be read for amendment, a motion to limit

[[Page [544]]]

debate under the five-minute rule in committee must be confined to the 
portion of the bill then pending. The motion for the previous question 
may be applied to a question under debate in committee when it has been 
read (or considered as read) for amendment in its entirety.
  Committees generally conduct their business under the five-minute rule 
but may employ the ordinary motions that are in order in the House, such 
as under clause 4 of rule XVI.
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 chair of each standing committee may call and convene, as 
the chair 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 chair.
  (2) Three or more members of a standing committee may file in the 
offices of the committee a written request that the chair 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

[[Page [545]]]

clerk of the committee shall notify the chair of the filing of the 
request. If the chair does not call the requested special meeting within 
three calendar days after the filing of the request (to be held within 
seven calendar days 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 chair
  (d) A member of the majority party on each standing committee or 
subcommittee thereof shall be designated by the chair of the full 
committee as the vice chair of the committee or subcommittee, as the 
case may be, and shall preside during the absence of the chair from any 
meeting. If the chair and vice chair 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.


[[Page [546]]]


  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 
chair (H. Res. 5, Jan. 3, 1991, p. 39). In the 104th Congress paragraph 
(d) was amended to permit the chair of a full committee to designate 
vice chairs 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. 47). Gender-based references were eliminated in the 
111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, 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 chair (VIII, 2213, 2214). These 
precedents should be read in light of paragraph (d) and clause 5(c) of 
rule X. 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 chair, 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 inspec

[[Page [547]]]

tion 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.
  (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 chair. 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

[[Page [548]]]

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.
  (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. 19336). 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 because 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. 47). A gender-based reference was 
eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 
_).

[[Page [549]]]

  Although all Members have access to committee records under this 
clause, it is not without qualification. For example, this clause: (1) 
does not give a Member the right 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); (2) 
does not necessarily apply to records within the possession of the 
executive branch that 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); (3) does not apply to records (an executive communication not 
yet referred to committee) in the possession of the House (Sept. 9, 
1998, p. 19769). 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. 20020).
  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). 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 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). Compare this clause with clause 11(g)(3) of rule X, 
which only permits access of nonmembers of the Permanent Select 
Committee on Intelligence to classified information in the possession of 
that committee when authorized by that committee. A resolution directing 
a standing committee to release executive-session material referred to 
it 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. 21562).
  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.

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

[[Page [550]]]

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. 47).
  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

[[Page [551]]]

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 
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).

[[Page [552]]]

  (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 Committee 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 chair 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 chair 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 re

[[Page [553]]]

quired under the rules of the committee for the transaction of business, 
the chair shall make the announcement at the earliest possible date. An 
announcement made under this subparagraph 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.

[[Page [554]]]

  (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, 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 the case of a 
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 and Armed Services, 
and the Permanent Select Committee on 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. 47). 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. 19336). 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

[[Page [555]]]

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 hearings 
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 a 
determination of good cause either by vote of the committee or 
subcommittee or by its chair 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. 47). 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. 47). Gender-based references were eliminated in the 
111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, 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. 20020).

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 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. 47). 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 although 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

[[Page [556]]]

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 
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) (formerly 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) (formerly 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. 47). 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. 25).
  By unanimous consent the Committee on Standards of Official Conduct 
was authorized to receive evidence and take testimony before a quorum

[[Page [557]]]

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 
(other than the committee on Oversight and Government Reform under 
clause 4(c) of rule X) to conduct 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. 
11677).

  (4)(A) <> Each 
committee may adopt a rule authorizing the chair 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. 7). A gender-based reference was eliminated in the 
111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, 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. Although the rule 
formerly prohibited committees from sitting at any time when the House 
was in session, it was narrowed to

[[Page [558]]]

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, p. 34470), the Committees on Appropriations, 
the Budget, and Rules were exempted from this clause; 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), who controls one hour of debate thereon 
(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. 47).

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 chair 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 dur

[[Page [559]]]

ing the questioning of witnesses in a hearing until such time as each 
member of the committee 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. Although 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 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. 47). A gender-based reference was 
eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 
_).


[[Page [560]]]


Hearing procedures
  (k)(1) <> The chair at a hearing shall 
announce in an opening statement the subject of the hearing.
  (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 chair 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

[[Page [561]]]

committee, a majority being present, determines that such evidence or 
testimony will not tend to defame, degrade, or incriminate any person.
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 chair 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 the testimony of such 
witness 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. 25). The former requirement of 
paragraph (k)(9) that

[[Page [562]]]

a witness must pay the cost of a transcript copy of 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 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 that 
witness) or a member of the Committee (with respect to any person) (sec. 
2(j), H. Res. 5, Jan. 3, 2001, p. 25). 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. 47). ``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. 25). Gender-based 
references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, 
Jan. 6, 2009, 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 prohibits disclosure of information provided to committees or 
Members of the House except in a secret session. For a discussion of 
questions of the privileges of the House addressing committee hearing 
procedure, see Sec. 704, supra.

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,

[[Page [563]]]

that member shall be entitled to not less than two additional calendar 
days after the day of 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. 47).

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.

[[Page [564]]]

  (2) The chair of the committee, or a member designated by the chair, 
may administer oaths to witnesses.
  (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 chair of the committee under 
such rules and under such limitations as the committee may prescribe. 
Authorized subpoenas shall be signed by the chair 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.

  Before 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

[[Page [565]]]

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 the chair 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 chair 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. 19319). 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. 
47). 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. 26). Gender-based references were eliminated in the 111th 
Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _).
  A subpoena issued under this clause need only be signed by the chair 
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 the Speaker's hand and seal, and it 
must be attested by the Clerk pursuant to clause 2(c) of rule II 
(formerly 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 chair 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 the House 
of Congress of which a Member, or any committee thereof.
  Although 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 authorizes an 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) (formerly subparagraph (2)(B)) has been interpreted to require 
authorization by the full House before a subcommittee chair could 
intervene in a lawsuit 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 or interrogatories. Except in the 
case

[[Page [566]]]

of the Committee on Oversight and Government Reform under clause 4(c) of 
rule X, such authority must be conferred by separate action of the House 
(see Sec. 800, supra).

  (n)(1) <> Each standing 
committee, or a subcommittee thereof, shall hold at least one hearing 
during each 120-day period following the establishment of the committee 
on the topic of waste, fraud, abuse, or mismanagement in Government 
programs which that committee may authorize.
  (2) A hearing described in subparagraph (1) shall include a focus on 
the most egregious instances of waste, fraud, abuse, or mismanagement as 
documented by any report the committee has received from a Federal 
Office of the Inspector General or the Comptroller General of the United 
States.
  (o) Each committee, or a subcommittee thereof, shall hold at least one 
hearing in any session in which the committee has received disclaimers 
of agency financial statements from auditors of any Federal agency that 
the committee may authorize to hear testimony on such disclaimers from 
representatives of any such agency.
  (p) Each standing committee, or a subcommittee thereof, shall hold at 
least one hearing on issues raised by reports issued by the Comptroller 
General of the United States indicating that Federal programs or 
operations that the committee may authorize are at high risk for waste, 
fraud, and mismanagement, known as the ``high-risk list'' or the ``high-
risk series.''

  Paragraphs (n), (o), and (p) were added in the 111th Congress (H. Res. 
40, Jan. 14, 2009, p. _).


[[Page [567]]]

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 the duties or the discharge of the responsibilities 
of such individual. 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

[[Page [568]]]

action as 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 the duties or the discharge of the responsibilities of 
such individual 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.
      (6)(A) The committee shall offer annual ethics training to each 
Member, Delegate, Resi

[[Page [569]]]

dent Commissioner, officer, and employee of the House. Such training 
shall--
          (i) involve the classes of employees for whom the committee 
determines such training to be appropriate; and
          (ii) include such knowledge of the Code of Official Conduct 
and related House rules as may be determined appropriate by the 
committee.
      (B)(i) A new officer or employee of the House shall receive 
training under this paragraph not later than 60 days after beginning 
service to the House.
      (ii) Not later than January 31 of each year, each officer and 
employee of the House shall file a certification with the committee that 
the officer or employee attended ethics training in the last year as 
established by this subparagraph.
  (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 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 chair 
and ranking minority member jointly may ap

[[Page [570]]]

point members to serve as an investigative subcommittee.
  (ii) The chair 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;
      (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 such Member, Delegate, or 
Resident Commissioner believes the information is submitted in good 
faith and warrants the review and consideration of the committee; or

[[Page [571]]]

      (C) upon receipt of a report regarding a referral from the board 
of the Office of Congressional Ethics.
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 chair 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 chair 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.
  (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,

[[Page [572]]]

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 seek disqualification 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 
chair 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.
  (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.
  (8)(A) Except as provided by subdivisions (B), (C), and (D), not later 
than 45 calendar days or

[[Page [573]]]

5 legislative days, whichever is later, after receipt of a written 
report and any findings and supporting documentation regarding a 
referral from the board of the Office of Congressional Ethics or of a 
referral of the matter from the board pursuant to a request under 
paragraph (r), the chairman of the Committee on Standards of Official 
Conduct shall make public the written report and findings of the board 
unless the chairman and ranking member, acting jointly, decide or the 
committee votes to withhold such information for not more than one 
additional period of the same duration, in which case the chairman 
shall--
      (i) upon the termination of such additional period, make public 
the written report and findings; and
      (ii) upon the day of such decision or vote, make a public 
statement that the committee has voted to extend the matter relating to 
the referral made by the board of the Office of Congressional Ethics 
regarding the Member, officer, or employee of the House who is the 
subject of the applicable referral.
At least one calendar day before the committee makes public any written 
report and findings of the board, the chairman shall notify such board 
and the applicable Member, officer, or employee of that fact and 
transmit to such individual a copy of the statement on the committee's 
disposition of, and any committee report on, the matter.

[[Page [574]]]

  (B)(i) Notwithstanding subdivision (A)(i), if the committee votes to 
dismiss a matter which is the subject of a referral from the board of 
the Office of Congressional Ethics, the committee is not required to 
make public the written report and findings described in such 
subdivision unless the committee's vote is inconsistent with the 
recommendation of the board. For purposes of the previous sentence, a 
vote by the committee to dismiss a matter is not inconsistent with a 
report from the board respecting the matter as unresolved due to a tie 
vote.
  (ii) Notwithstanding subdivision (A)(ii), if the board transmits a 
report respecting any matter with a recommendation to dismiss or as 
unresolved due to a tie vote, and the committee votes to extend the 
matter for an additional period as provided in subdivision (A), the 
committee is not required to make a public statement that the committee 
has voted to extend the matter.
  (iii) Except as provided by subdivision (E), if the committee 
establishes an investigative subcommittee respecting any such matter, 
then the report and findings of the board shall not be made public until 
the conclusion of the investigative subcommittee process and the 
committee shall issue a public statement of the establishment of an 
investigative subcommittee, which statement shall include the name of 
the applicable Member, officer, or employee, and shall set forth the 
alleged violation. If any such investigative subcommittee does not 
conclude its review within one year after the board transmits

[[Page [575]]]

a report respecting any matter, then the committee shall make public the 
report and upon the expiration of the Congress in which the report is 
made public, the committee shall make public any findings.
  (C)(i) If, after receipt of a written report and any findings and 
supporting documentation regarding a referral from the board of the 
Office of Congressional Ethics or of a referral of the matter from the 
board pursuant to a request under paragraph (r), the committee agrees to 
a request from an appropriate law enforcement or regulatory authority to 
defer taking action on the matter--
      (I) notwithstanding subdivision (A)(i), the committee is not 
required to make public the written report and findings described in 
such subdivision, except that if the recommendation of the board with 
respect to the report is that the matter requires further review, the 
committee shall make public the written report but not the findings; and
      (II) before the end of the first day (excluding Saturdays, 
Sundays, and public holidays) after the day that the committee agrees to 
the request, the committee shall make a public statement that it is 
deferring taking action on the matter at the request of such authority.
  (ii) If, upon the expiration of the one-year period that begins on the 
date the committee makes the public statement described in item (i)(II), 
the committee has not acted on the matter, the committee shall make a 
new public

[[Page [576]]]

statement that it is still deferring taking action on the matter, and 
shall make a new statement upon the expiration of each succeeding one-
year period during which the committee has not acted on the matter.
  (D) The committee may not receive any referral from the board of the 
Office of Congressional Ethics within 60 days before a Federal, State, 
or local election in which the subject of the referral is a candidate. 
The committee may delay any reporting requirement under this 
subparagraph that falls within that 60-day period until the end of such 
period and in that case, for purposes of subdivision (A), days within 
the 60-day period shall not be counted.
  (E) If, at the close of any applicable period for a reporting 
requirement under this subparagraph with respect to a referral from the 
board of the Office of Congressional Ethics, the vote of the committee 
is a tie or the committee fails to act, the report and the findings of 
the board shall be made public by the committee, along with a public 
statement by the chairman explaining the status of the matter.
  (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

[[Page [577]]]

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 authorized 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 af

[[Page [578]]]

firmative 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 (formerly 
clause 4(e) of rule X) was first conferred upon the committee in the 
90th Congress (H. Res. 1099, Apr. 3, 1968, p. 8802). Effective January 
3, 1975, the former requirement in paragraph (b)(1)(A) (formerly clause 
4(e)(2)(A) of rule X) that not less than seven committee members 
authorize an investigation was changed to permit a majority of the 
committee 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 chair 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. 19318). Paragraph (b)(5) (formerly 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 seek disqualification from 
participating in an investigation, and paragraph (b)(6) (formerly 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) (formerly clause 
4(e)(1)(A) of rule X) was amended to enable a letter of reproval or 
other administrative action of the committee to be implemented as part 
of a report to the House, with no action required of the House; (2) 
paragraph (a)(2) (formerly 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) 
(formerly clause 4(e)(1)(E) of rule X) was added to empower the 
committee to consider requests that the rule restricting the acceptance 
of gifts be waived in exceptional circumstances; and (4) paragraph 
(b)(3) (formerly 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 
committee filed one report to the House (H. Rept. 105-1, H. Res. 31, 
Jan. 21, 1997, p. 393). The current form of paragraph (c) (formerly 
clause 4(e)(3) of rule X) was adopted later in the 105th Congress (sec. 
5, H. Res. 168, Sept. 18, 1997, p. 19318).

[[Page [579]]]

  Additional amendments to this provision were adopted in the 105th 
Congress as follows: (1) paragraphs (d) and (3) (formerly clauses 
4(e)(4) and 4(e)(5)) were adopted (sec. 6 and sec. 19, H. Res. 168, 
Sept. 18, 1997, pp. 19318, 19320); (2) paragraph (b)(2) (formerly 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 committee rules 
and to specify parameters for the filing of complaints by non-Members 
(sec. 11, H. Res. 168, Sept. 18, 1997, p. 19318); and (3) paragraph 
(a)(3) (formerly clause 4(e)(1)(C) of rule X) was amended to permit the 
committee 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 committee without the approval of the House (sec. 18, H. 
Res. 168, Sept. 18, 1997, p. 19320). Paragraph (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. 24). Paragraph (a)(6) was added in the 110th 
Congress, effective March 1, 2007 (sec. 211, H. Res. 6, Jan. 4, 2007, p. 
_). Paragraphs (b)(2)(C) and (b)(8) were added in the 110th Congress (H. 
Res. 895, Mar. 11, 2008, p. _). Gender-based references were eliminated 
in the 111th Congress, and paragraph (b)(5) was amended to clarify the 
disqualification process (sec. 2(l), H. Res. 5, Jan. 6, 2009, 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. 
47).
  In the 110th and 111th Congresses, the House directed the committee to 
empanel an investigative subcommittee upon a Member being indicted or 
otherwise formally charged with criminal conduct, or to report to the 
House if it decides not to so empanel a subcommittee (June 5, 2007, p. 
_; sec. 4(e), H. Res. 5, Jan. 6, 2009, p. _).
  In the 110th Congress, the House adopted a resolution establishing an 
independent Office of Congressional Ethics to investigate individually-
initiated alleged ethics violations and to report its recommendations to 
the Committee (Mar. 11, 2008, p. _). The 111th Congress re-established 
the office with a modification on its authority to engage consultants 
(sec. 4(d), H. Res. 5, Jan. 6, 2009, p. _).

Committee agendas
  (f) <> The committee shall adopt rules providing that the chair shall 
establish the agenda for meetings of the committee, but shall not 
preclude the ranking minority member from placing any item on the 
agenda.

[[Page [580]]]

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 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 the employment or duties with the committee of such 
individual without specific prior approval from the chair 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.
  (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

[[Page [581]]]

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 chair and ranking minority 
member each may appoint one individual as a shared staff member from the 
respective personal staff of the chair or ranking minority member to 
perform service for the committee. Such shared staff may assist the 
chair or ranking minority member on any subcommittee on which the chair 
or ranking minority member serves.

[[Page [582]]]

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 chair 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 
committee, the chair and ranking minority member shall have 14 calendar 
days or five legislative

[[Page [583]]]

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 chair and ranking minority member regarding properly filed 
        complaints
  (k)(1) The committee shall adopt rules providing that whenever the 
chair 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 necessary in order to make a 
recommendation under subdivision (A).

[[Page [584]]]

  (2) The committee shall adopt rules providing that if the chair 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 chair 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 chair and ranking minority member regarding information not 
        constituting a complaint
  (l) The committee shall adopt rules providing that whenever the chair 
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 [585]]]

      (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 chair 
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 chair shall designate one 
member of a subcommittee to serve as chair and the ranking minority

[[Page [586]]]

member shall designate one member of the subcommittee to serve as the 
ranking minority member; and
      (3) the chair 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, 
expand the scope of its investigation approved

[[Page [587]]]

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 witness; but if such evidence is 
withheld, the

[[Page [588]]]

subcommittee shall inform the respondent that evidence is being withheld 
and of the count to which such evidence relates;
      (2) neither the respondent nor the counsel of the respondent 
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 the counsel of the respondent 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 [589]]]

          (B) the commencement of an adjudicatory hearing if the 
respondent has not waived an adjudicatory hearing;
    but the failure of respondent and the counsel of the respondent 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 chair 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 chair 
and ranking minority member of the subcommittee, and the outside 
counsel, if any;
      (7) statements or information derived solely from a respondent or 
the counsel of a respond

[[Page [590]]]

ent 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 the respondent 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 the 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 [591]]]

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.
  (r) Upon receipt of any written notification from the board of the 
Office of Congressional Ethics that the board is undertaking a review of 
any alleged conduct of any Member, officer, or employee of the House and 
if the committee is

[[Page [592]]]

investigating such matter, the committee may at any time so notify the 
board and request that the board cease its review and refer the matter 
to the committee for its consideration. If at the end of the applicable 
time period (including any permissible extension) the committee has not 
reached a final resolution of the matter or has not referred the matter 
to the appropriate Federal or State authorities, the committee shall so 
notify the board of the Office of Congressional Ethics in writing. The 
committee may not request the same matter from the board more than one 
time.

  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 with the expectation that the recommendations of the task 
force would include changes 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. 2058). The moratorium was 
extended through September 10, 1997 (July 30, 1997, p. 16958). On 
September 18, 1997, the House adopted the recommendations of the task 
force with certain amendments (H. Res. 168, 105th Cong., p. 19340), 
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. 47) and again for the 107th Congress with an 
exception to section 13 (sec. 3(a), H. Res. 5, Jan. 3, 2001, p. 24). In 
the 108th Congress the pertinent free-standing 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. 7). On the opening day of the 109th Congress, various 
changes were made to paragraphs (b), (k), (p), and (q) (sec. 2(k), H. 
Res. 5, Jan. 4, 2005, p. _). Later in the 109th Congress, those changes 
were redacted and the affected provisions as they existed at the close 
of the 108th Congress were reinstated (H. Res. 240, Apr. 27, 2005, p. 
_). Paragraph (r) was added in the 110th Congress (H. Res. 895, Mar. 11, 
2008, p. _). Gender-based references were eliminated in the 111th 
Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _).

[[Page [593]]]

  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
          ``(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;

[[Page [594]]]

          ``(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 individuals 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 Rep

[[Page [595]]]

        resentatives 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 in which 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, 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 direction of the House, the 
acting chair 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 chair 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. 5631). In the 106th Congress the committee 
filed a report issuing a letter of reproval regarding the conduct of a 
Member (Oct. 16, 2000, p. 22834).
  Under clause 3(b)(4) (formerly 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 des

[[Page [596]]]

ignates 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) (formerly 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 chair 
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 (110th Cong., 2d Sess.). In the Manual, the 
committee incorporates its advisory opinions issued under clause 3(a)(4) 
(formerly 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.

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

[[Page [597]]]

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) 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

[[Page [598]]]

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 chair may not limit the number of television 
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 tele

[[Page [599]]]

vision cameras permitted by a committee or subcommittee chair 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 installed 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.

[[Page [600]]]

      (7) In the allocation of the number of still photographers 
permitted by a committee or subcommittee chair 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 chair 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.
      (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 cov

[[Page [601]]]

erage 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 chair 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 chairs from limiting coverage to less than two 
representatives from each medium, except if 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 105th Congress (H. Res. 301, Nov. 12, 1997, p. 
26041). Gender-based references were eliminated in the 111th Congress 
(sec. 2(l), H. Res. 5, Jan. 6, 2009, 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. 47).

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

[[Page [602]]]

witness has been summoned at the place of examination.

  This clause (formerly 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. 47). 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. 47). 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.''

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 limitation. 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

[[Page [603]]]

in the 106th Congress, this provision was found in former rule XXVI (H. 
Res. 5, Jan. 6, 1999, p. 47).
  The business of conferences between the two Houses is not interrupted 
by an adjournment of a session that does not terminate the Congress (V, 
6260-6262), and if 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).




[DOCID:hd162-70]                         

                                Rule XII
              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. 47).
  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

[[Page [604]]]

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.
  (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 the Speaker 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

[[Page [605]]]

      (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). Before 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 exception in paragraph (c)(1) was added (sec. 
2(i), H. Res. 5, Jan. 7, 2003, p. 7). 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 Natural Resources) 
(regulation of the domestic nuclear energy industry, since transferred 
to the Committee on Energy and Commerce in the 104th Congress), Foreign 
Affairs (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 (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. A 
gender-based reference was eliminated in the 111th Congress (sec. 2(l), 
H. Res. 5, Jan. 6, 2009, p. _). 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. 47).
  An order of the House precluding or limiting the potential for 
organizational or legislative business on certain days 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, Nov. 26, 1991, p. 35840, extended by unanimous consent on Jan. 22, 
1992, p. 149, and

[[Page [606]]]

Jan. 28, 1992, p. 745; H. Res. 619, Dec. 16, 2005, p. _, amended by H. 
Res. 640, Dec. 18, 2005, p. _; H. Res. 877, Dec. 18, 2007, p. _).
  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. 7354), 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; Speaker Hastert, Mar. 
13, 2001, p. 3448; Speaker Hastert, July 26, 2002, p. 15146). 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; reiterated by Speaker Foley, Jan. 5, 1993, 
p. 105). The Speaker may refer a bill primarily to one committee 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 clause 2 of rule XIV (formerly clause 2 of rule XXIV), 
relating to messages from the Senate, the Speaker 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. The Speaker 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

[[Page [607]]]

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. 9384). The Speaker exercised 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 the 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); (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 if a bill is reported by the 
primary committee with an amendment in the nature of a substitute 
(Speaker Ging

[[Page [608]]]

rich, 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. 8690).
  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 Natural 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. 23681); (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).

[[Page [609]]]

  Pursuant to the authority under paragraph (c)(4), the Speaker may 
refer a bill to a special ad hoc committee appointed by the Speaker 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 a discussion of Speaker's referrals to the former Select 
Committees on Homeland Security, see Sec. 723b, supra.
  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 Foreign Affairs 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; sec. 213(d), H. Res. 6, 
Jan. 4, 2007, p. _). 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 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. 47).
  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 Foreign Affairs (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

[[Page [610]]]

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, the 
Member, Delegate, or Resident Commissioner shall sign it, 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 entered 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). A gender-based reference was 
eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 
_). 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. 47).
  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 another State (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 di

[[Page [611]]]

vided 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 (formerly 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. 7355).
  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).

  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. 47). The prohibition 
relating to correction of a military 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 the military record (Sept. 18, 1984, p. 
25824).


[[Page [612]]]

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.

  The 104th Congress added the prohibition against commemorative 
legislation and directed the Committee on Government Reform and 
Oversight (now Oversight and 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). No recommendations were reported. 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. 
47). The House by unanimous consent waived the prohibition against 
introduction of a certain joint resolution specified by sponsor and 
title proposing a commemoration (which was contained in the resolving 
clause and not merely in the preamble) (Oct. 24, 2001, p. 20545).

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.


[[Page [613]]]


  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. 47).
  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 where 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). 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.

[[Page [614]]]

  (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.
  (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.


[[Page [615]]]


  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. 26). 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. 47).
  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. 47). In the 107th and 108th Congresses the House adopted the 
same order, but extended the applicable time to the entire first session 
(sec. 3(d), H. Res. 5, Jan. 3, 2001, p. 24; sec. 3(c), H. Res. 5, Jan. 
7, 2003, p. 7). In the 108th Congress, the House by unanimous consent 
extended such authority through the remainder of the Congress (Oct. 4, 
2004, p. _). In the 109th through 111th Congresses the House adopted the 
same initial order but for the entire Congress (sec. 3(c), H. Res. 5, 
Jan. 4, 2005, p. _; sec. 217, H. Res. 6, Jan. 4, 2007, p. _; sec. 3(d), 
H. Res. 5, Jan. 6, 2009, 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). 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 by clause 2 (formerly 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

[[Page [616]]]

Members to add their names as cosponsors to bills or resolutions that 
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, before the 106th Congress, paragraph (b)(2) only permitted a 
cosponsoring Member to request unanimous consent to be deleted 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 inadvertently or erroneously listed (Feb. 9, 1982). This 
practice was codified in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 
47). 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. 982), 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 to be deleted as 
a cosponsor of an unreported bill during its consideration under 
suspension of the rules and before a final vote thereon (June 9, 1986, 
p. 12979).
  By unanimous consent a Member may be added as a cosponsor of an 
unreported bill if the primary sponsor is no longer a Member of the 
House (Aug. 4, 1983, p. 23188; Oct. 3, 2008, p. _), and a designated 
Member may be authorized to sign and submit lists of additional 
cosponsors if the actual primary sponsor is no longer a Member (e.g., 
June 23, 1989, p. 13271; Apr. 5, 2000, p. 4487; June 20, 2001, p. 11196; 
Sept. 21, 2004, 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. 15878), 
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. 24413).
  The Chair does not entertain a unanimous-consent request to designate 
a co-offeror of an amendment (May 20, 2004, p. _; Sept. 14, 2004, p. _).
  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 such ``primary'' 
sponsors would be required on the bills (Speaker Gingrich, Jan. 4, 1995, 
p. 551). A Member was subsequently added as such a ``primary'' sponsor 
by unanimous consent (Jan. 18, 1995, p. 1447).


[[Page [617]]]


  (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. 47). 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.

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. 47). 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:hd162-71]                         

                                Rule XIII
                     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

[[Page [618]]]

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 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. 47), 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 a bill to a calendar is governed 
by the text of the bill as referred to committee, 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 did not remain on the calendar from Congress to 
Congress, even when a law seemed 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).

[[Page [619]]]

  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), the Speaker 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 (formerly 
clause 5 of rule X), authorizing and directing the Speaker to assure 
that each committee has responsibility to consider legislation within 
its jurisdiction by fashioning sequential referrals when appropriate 
(Speaker O'Neill, Apr. 27, 1978, p. 11742; June 19, 1986, p. 14741).

  (b) <> There is established a 
Calendar of Motions to Discharge Committees as provided in clause 2 of 
rule XV.

  From the 106th Congress through the 108th Congress, paragraph (b) was 
occupied by a cross reference to the Corrections Calendar. The provision 
was added when the House recodified its rules in the 106th Congress (H. 
Res. 5, Jan. 6, 1999, p. 47) and was stricken when the Corrections 
Calendar was abolished in the 109th Congress (sec. 2(f), H. Res. 5, Jan. 
4, 2005, p. _). Before the House recodified its rules in the 106th 
Congress, the current paragraph (b) was found in former clause 5 of rule 
XIII (H. Res. 5, Jan. 6, 1999, p. 47).

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) 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 (other than those filed as privileged) shall be laid on the 
table unless a committee to which the bill or resolution

[[Page [620]]]

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. 47), but the 111th Congress reversed an inadvertent 
change to paragraph (a)(2) to restore its application to nonprivileged 
reports only (sec. 2(m), H. Res. 5, Jan. 6, 2009, p. _) (contrast the 
1999 codification with its predecessor in form; 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. 47). 
Former clause 2 of rule XVIII was adopted in 1880 (V, 5647).
  The House insists on its requirement that all reports 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). However, for 
various availability and layover requirements in the rules, see clause 6 
of rule X (Sec. 764, supra), clauses 4, 5, and 6 of rule XIII 
(Sec. Sec. 850-852, Sec. 853, Sec. 857, infra, respectively), and clause 
8 of rule XXII (Sec. 1082, infra). See also clause 3(a)(2) of rule XIII 
(Sec. 838, infra), which excepts from the availability requirements of 
clause 4 supplemental reports to correct a technical error in the 
depiction of record votes in a committee report.
  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 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).


[[Page [621]]]


  (b)(1) <> It shall be the duty of the 
chair 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 chair 
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) (formerly 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 chair to call up a bill on 
Calendar Wednesday (Speaker Rayburn, Feb. 22, 1950, p. 2162). 
Subparagraph (2) (formerly 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 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

[[Page [622]]]

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). Gender-based references were eliminated in the 111th 
Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _). 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. 47).
  Absent a special order of the House, committee reports must be 
submitted while the House is in session, except as permitted under 
clause 2(c) of rule XIII with respect to the guaranteed time 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 provision was found in former clause 2(l)(5) 
of rule XI (H. Res. 5, Jan. 6, 1999, p. 47).


[[Page [623]]]

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 or clause 6 concerning the availability of 
reports.

  Clause 3 (formerly 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. 47). The last 
sentence of subparagraph (2) was added in the 107th Congress (sec. 2(k), 
H. Res. 5, Jan. 3, 2001, p. 25). A technical correction to subparagraph 
(1)(B) was effected in the 108th Congress (sec. 2(u), H. Res. 5, Jan. 7, 
2003, p. 7).

[[Page [624]]]

  (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 a report by the Committee on Rules on a rule, 
joint rule, or the order of business or to votes taken in executive 
session by the Committee on Standards of Official Conduct.

  The requirement of subparagraph (b) (formerly 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 
expanded 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). An exception for the 
Committee on Standards of Official Conduct was adopted in the 105th 
Congress (sec. 8, H. Res. 168, Sept. 18, 1997, p. 19318) and expanded to 
include the Committee on Rules in the 110th Congress (sec. 503, H. Res. 
6, Jan. 4, 2007, p. _ (adopted Jan. 5, 2007)). 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. 47). 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). A question alleging that a committee report contained 
descriptions of recorded votes (as required by this clause) that 
deliberately mischaracterized certain amendments and directing the chair 
of the committee to file a supplemental report to change those 
descriptions was held to constitute a question of the privileges of the 
House (May 3, 2005, p. _).

  (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:

[[Page [625]]]

      (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, except 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 (formerly 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) (formerly 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) 
(formerly 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. 47). 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 
Enforce

[[Page [626]]]

ment 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. 
25).

  (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 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 reso

[[Page [627]]]

lution 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 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

[[Page [628]]]

to the Joint Committee on Atomic Energy. Subparagraph (3)(B) (formerly 
clause 7(d)) was amended in the 97th Congress (H. Res. 5, Jan. 5, 1981, 
pp. 98-113) to render committee cost estimates optional if an estimate 
by the Congressional Budget Office is included in the report. It was 
amended 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) (formerly 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. 47). 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. 47).
  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

[[Page [629]]]

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 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 (formerly clause 3) was adopted 
January 28, 1929 (VIII, 2234), was redesignated January 3, 1953 (p. 24), 
and subparagraph (2) (formerly a 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. 47).
  Technical failure of a committee report to comply with the 
``Ramseyer'' rule may be remedied by a supplemental report (VIII, 2247). 
Although 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 if 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

[[Page [630]]]

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).
  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 (formerly 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. 25). Before the House

[[Page [631]]]

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. 47).

  (2) Whenever the Committee on Appropriations reports a bill or joint 
resolution including 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 (formerly 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. 47).

  (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 (formerly 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. 47). 
This clause

[[Page [632]]]

is applicable to resolutions reported from the Committee on Rules that 
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 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 chair 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 
January 1, 1999 (sec. 4022, P.L. 105-206). It was transferred to this 
paragraph when the House recodified its rules in the 106th Congress (H. 
Res. 5, Jan. 6, 1999, p. 47). A gender-based reference was eliminated in 
the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, 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;

[[Page [633]]]

      (ii) the report includes a statement from the Joint Committee on 
Internal Revenue Taxation explaining why a macroeconomic impact analysis 
is not calculable; or
      (iii) the chair 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 chair 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. 7). 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. 47). A gender-
based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 
5, Jan. 6, 2009, 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

[[Page [634]]]

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 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(j)(1) of rule X reported by the Committee on House 
Administration considered under clause 6 of rule X;
      (C) a resolution presenting a question of the privileges of the 
House reported by any committee;
      (D) a measure for the declaration of war, or the declaration of a 
national emergency, by Congress; and
      (E) 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.

[[Page [635]]]

  (b) A committee that reports a measure or matter shall make every 
reasonable effort to have its hearings thereon (if any) printed and 
available for distribution to Members, Delegates, and the Resident 
Commissioner before the consideration of the measure or matter in the 
House.

  This provision (formerly 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. 
47). Subparagraph (2)(C) was added in the 107th Congress (sec. 2(n), H. 
Res. 5, Jan. 3, 2001, p. 25). In the 109th Congress a conforming change 
to subparagraph (2)(B) was effected and a subdivision was deleted as 
obsolete upon the repeal of the Corrections Calendar (sec. 2(a), H. Res. 
5, Jan. 4, 2005, p. _).
  The availability requirement is not applicable to privileged reports 
from the Committee on Rules or to bills before the House that 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 
(formerly 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

[[Page [636]]]

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, 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. 24680, with respect to impeachment reports; and Feb. 12, 1998, 
p. 1323, 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. 25).-
  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 that are privileged (such as a 
resolution authorizing the printing of material as a House document), 
but that 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

[[Page [637]]]

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. 47). In counting the ``three calendar days'' specified 
in the clause, either 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).

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(j)(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 em

[[Page [638]]]

ployee 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.
  (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), again on February 2, 1951 (p. 883), and yet again 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 Natural 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. 47). 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

[[Page [639]]]

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. 47). A 
conforming change to subparagraph (3) was effected in the 109th Congress 
(sec. 2(a) H. Res. 5, Jan. 4, 2005, 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 business 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). Before 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 because the privilege relates 
merely to the order of business under the rules, they must be 
distinguished from

[[Page [640]]]

``questions of privilege'' that 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 that 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). The Speaker has declined to allow a call 
of committees to be interrupted by a privileged report (IV, 3132). The 
presence of nonprivileged 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 <> 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 that 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 (formerly 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 (formerly 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

[[Page [641]]]

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 also has reported as privileged a joint 
resolution 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 the provisions in Jefferson's Manual on 
reconsideration (Sec. 513, supra) 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 construed not to apply 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 
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 before 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 require

[[Page [642]]]

ments), 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 over the motion to resolve 
into Committee of the Whole House to consider the Private Calendar (IV, 
3082-3085; VI, 719, 720). The motion could be made on a ``suspension 
day'' as on other days (IV, 3080); and on consent days the call of the 
former Consent Calendar (abolished in the 104th Congress) took 
precedence of the motion (VII, 986). 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 over 
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).

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 but may not entertain any other 
dilatory motion until the report shall have been disposed of.

[[Page [643]]]

  (c) The Committee on Rules may not report 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 that 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 (formerly clause 4(b) of rule XI) was adopted in 1892 (IV, 4621) 
and was 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 a 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). In the 111th Congress paragraph (c) was amended to remove 
a restriction on the authority of the committee with regard to Calendar 
Wednesday business under clause 6 of rule XV (sec. 2(e), H. Res. 5, Jan. 
6, 2009, p. _). 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. 47). A conforming change to paragraph (c) was 
effected in the 109th Congress (sec. 2(f), H. Res. 5, Jan. 4, 2005, p. 
_) and a technical change to paragraph (b) was effected in the 110th 
Congress (sec. 505(b), H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 
2007)). For rulings under the earlier form of the rule, see Sec. 859, 
infra.

[[Page [644]]]

  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, but a report properly filed by the committee at any time before 
the convening of the House on the next legislative day may be called up 
for immediate consideration without the two-thirds vote 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 over it, 
even when the previous question and the yeas and nays 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 (formerly clause 
6). A report from the Committee on Rules takes precedence over a motion 
to consider a measure that 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; H. 
Res. 5, Jan. 4, 2007, p. _).
  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 that 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,

[[Page [645]]]

p. 8418), or that would otherwise establish an exclusive procedure for 
consideration of a particular type of measure (Speaker O'Neill, Apr. 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, if 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).
  For a discussion of the Speaker's announced policy with respect to 
entertaining unanimous-consent requests in the House to alter a special 
order previously adopted by the House, see Sec. 956, infra. For a 
discussion of the unanimous-consent requests that may not be entertained 
in the Committee of the Whole if their effect is to materially modify 
procedures required by a special order adopted by the House, see 
Sec. 993, infra.
  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 led the opposition to the 
previous question is accorded priority in 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 thereto without 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 
reconsider the vote

[[Page [646]]]

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, 
pp. 15366, 15374; Mar. 11, 2008, p. _) and may be offered immediately 
after the reading of the resolution (Mar. 20, 2002, pp. 3671, 3672) but 
may not be made when another Member has the floor (Sept. 27, 1993, p. 
22608). If the House adjourns during the consideration of a report from 
the Committee on Rules, further consideration of the report becomes the 
unfinished business on the following day, and debate resumes from the 
point where interrupted (Sept. 27, 1993, p. 22609; Sept. 28, 1993, p. 
22719). 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 (VIII, 2267; 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., a special order providing that 
a concurrent

[[Page [647]]]

resolution correcting the enrollment of a bill within the jurisdiction 
of another committee be considered 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 special rules, see House 
Practice, ch. 51, Sec. 11. For an exchange of correspondence between the 
chair and ranking minority member of the Rules Committee regarding this 
practice, see January 24, 1996, pp. 1228, 1229.
  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 intention to do so. The Speaker shall 
recognize a member of the committee who rises for that purpose.

[[Page [648]]]

  (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. 47). 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). A gender-based 
reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, 
Jan. 6, 2009, p. _). 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. 47). In 
modern practice, 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

[[Page [649]]]

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 (formerly 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. 47).

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), although 
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. 47).
  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 ``request'' in asking for information from the 
President and ``direct'' in addressing the heads of departments (III, 
1856, footnote, 1895). It is usual

[[Page [650]]]

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'' (except on Calendar Wednesday (VII, 896-898)) 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). 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 a prescribed timeframe (formerly one week, now 14 
legislative days) (VIII, 3368; Speaker Rayburn, Feb. 9, 1950, p. 1755) 
exclusive of the day of introduction and the day of discharge (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 of resolutions of inquiry (III, 1866-
1870). And this motion to discharge is privileged at the end of the time 
period, though

[[Page [651]]]

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 before or after 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 that 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:hd162-72]                         

                                Rule XIV
                     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 [652]]]

  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 much freedom as 
possible in selecting for consideration and completing the consideration 
of the bills that it deems most important. The basic form of the rule 
has been in place since 1890 (IV, 3056). The 98th Congress made a 
conforming change to the second order of business relating to the 
postponement of the vote on approval of the Journal (H. Res. 5, Jan. 3, 
1983, p. 34). The 104th Congress added the present third order of 
business respecting the Pledge of Allegiance (sec. 218, H. Res. 6, Jan. 
4, 1995, p. 468). Before the House recodified its rules in the 106th 
Congress, this provision was found in former clause 1 of rule XXIV (H. 
Res. 5, Jan. 6, 1999, p. 47). A correction to a cross reference was 
effected in the 107th Congress (sec. 2(x), H. Res. 5, Jan. 3, 2001, p. 
26).
  The Speaker does not entertain a point of no quorum before the prayer 
is offered (VI, 663). Under clause 7 of rule XX, a point of no quorum 
may not be entertained unless a question is pending (see Sec. 1027, 
infra).
  In response to serial parliamentary inquiries regarding the pledge of 
allegiance to the flag, the Chair advised that (1) under clause 1 of 
rule XIV, the third element of the daily order of business is the Pledge 
of Allegiance; (2) section 4 of title 4, United States Code, prescribes 
the text of the pledge; (3) when the pledge is delivered as the third 
element of the daily order of business, the Record reflects the pledge 
in its statutory form; and (4) the statute prescribes the manner of 
delivery of the pledge (Apr. 27, 2004, p. _).
  This rule <> does not, however, bind the House to a daily 
routine, because the system of making certain important subjects 
privileged (see clause 5 of rule XIII and rule XXII) permits the 
interruption of the order of business by matters that, in fact, often 
supplant it entirely for days at a time. In the 106th Congress the 
recodification acknowledged in the parenthetical of this clause that the 
prescribed daily order

[[Page [653]]]

of business could be superseded by operation of other rules (H. Res. 5, 
Jan. 6, 1999, p. 47). But when the order of business is interrupted by a 
privileged matter, the business in order proceeds from the place of 
interruption (IV, 3070, 3071) unless the House adjourns. After an 
adjournment, the House begins again at the beginning. Although 
privileged matters may interrupt the order of business, they may do so 
only with the consent of a majority of the House, expressed as to 
appropriation bills by the vote on resolving into Committee of the Whole 
to consider such bills, and as to matters like conference reports, 
questions of privilege, etc., by raising and voting on the question of 
consideration. The only exceptions to the principle that a majority may 
prevent interruption are 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 gives 
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 that may interrupt the order of 
business include: l  (1) General appropriation bills (clause 5 of rule 
XIII; IV, 3072). l  (2) Conference reports (clause 7(a) of rule XXII; V, 
6443) and motions to discharge or instruct conferees (clause 7(c) of 
rule XXII).
  (3) Special orders reported by the Committee on Rules for 
consideration by the House (clause 5 of rule XIII; IV, 3070-3076, 4621).
  (4) Consideration of amendments between the Houses after disagreement 
(IV, 3149, 3150).
  (5) Questions of privilege (rule IX; III, 2521).
  (6) Privileged bills reported under the right to report at any time 
(clauses 5 and 7 of rule XIII; IV, 3142-3144, 4621).
  (7) Call of committees on Wednesdays for bills on House and Union 
Calendars (clause 6 of rule XV).
  (8) Private business 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) 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

[[Page [654]]]

reception of messages (V, 6602). Before the 104th Congress, addressing 
the House out of order by unanimous consent, the Speaker announced that 
on at least two subsequent days he would recognize designated Members 
after approval of the Journal to lead the House in the Pledge of 
Allegiance to the Flag (Speaker Wright, Sept. 9, 1988, p. 23310). 
Requests of Members for leaves of absence are in practice put before the 
House at the time of adjournment (IV, 3151).
  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 
Chair, may object, or reserve the right to object and inquire, for 
example, about the reasons for the request, or demand the ``regular 
order'' (IV, 3058). Debate under a reservation of objection proceeds at 
the sufferance of the House and may not continue after a demand for the 
regular order (see, e.g., Speaker Foley, Nov. 14, 1991, p. 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 
objection by declining to put the request of the Member, thus saving the 
time of the House. The Speaker's guidelines for recognition for 
unanimous-consent requests for consideration of unreported measures are 
issued pursuant to clause 2 of rule XVII and are discussed in Sec. 956, 
infra. The request for unanimous consent began to be used about 1832 
when the House first felt a pressure of business and the necessity of 
adhering to a fixed order (IV, 3155-3159). In 1909, by the adoption of 
former clause 4 of rule XIII, a Consent Calendar was established, which 
was abolished in the 104th Congress (H. Res. 168, June 20, 1995, p. 
16574). For discussion of unanimous-consent requests and reservations of 
objections, see Sec. 956, infra. Unanimous consent for the immediate 
consideration of a measure in the House does not preclude a demand for a 
record vote when the Chair puts the question on final passage, because 
it merely permits consideration of a matter not otherwise privileged 
(Dec. 16, 1987, p. 35816).

  2. Business on the Speaker's table <> shall be disposed of as follows:

[[Page [655]]]

      (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, 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 (formerly clause 2 of 
rule XXIV) (H. Res. 5, Jan. 6, 1999, p. 47).

[[Page [656]]]

  Such <> portions of messages from the Senate as 
require action by the House, all messages from the President except 
those transmitting 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 messages; 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 
the Speaker (or may pursuant to former clause 1 of rule IV (current 
clause 3(a) of rule II) order the Sergeant-at-Arms to assume custody) 
pending House disposition of a special order reported from the Committee 
on Rules relating to a referral of the communication to committee (Sept. 
9, 1998, p. 19769).
  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 (formerly clause 5 of rule X) for referral of introduced bills; 
the Speaker 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

[[Page [657]]]

by the rule (IV, 3098, 3099; VI, 727, 734, 737), and must have come to 
the House after and not before the House bill ``substantially the same'' 
and not involving an expenditure (IV, 3103) has been placed on the House 
Calendar (IV, 3096; VI, 727, 736, 738) or Private Calendar (IV, 3102). 
In the event the House bill has passed before the Senate bill is 
received, the Senate bill may nevertheless be disposed of on motion 
directed by the committee (VI, 734, 735). The House bill must be 
correctly on the House Calendar (VI, 736). In determining whether the 
House bill is substantially the same as the Senate bill, amendments 
recommended by the House committee must be considered (VI, 734, 736). 
The rule applies to private as well as to public Senate bills (IV, 
3101), and to concurrent resolutions as well as to bills (IV, 3097). 
Although a committee must authorize the calling up of the Senate bill 
(VI, 739), the actual motion need not be made by a member of the 
committee (IV, 3100). The authority of a committee to call up a bill 
must be given at a formal meeting of the committee (VIII, 2211, 2212, 
2222).
  A <> message of the President on the Speaker's table is 
regularly laid before the House only at the time prescribed by the order 
of business (V, 6635-6638). Although it is always read in full and 
entered on the Journal and the Congressional Record (V, 6963), the 
accompanying documents are not read on demand of a Member or entered in 
the Journal or Record (V, 5267-5271; VII, 1108). The annual message of 
the President is usually referred to the Committee of the Whole House on 
the state of 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

[[Page [658]]]

all other unfinished business shall be resumed whenever the class of 
business to which it belongs shall be in order under the rules.

  The first rule relating to unfinished business was adopted in 1794. 
Changes were made in 1860 and 1880, but the rule finally became 
unsatisfactory, because of delays caused by it, and in 1890 the present 
form was adopted (IV, 3112). Before the House recodified its rules in 
the 106th Congress, this provision was found in former clause 3 of rule 
XXIV (H. Res. 5, Jan. 6, 1999, p. 47). A clerical correction to a cross 
reference was effected in the 107th Congress (sec. 2(x), H. Res. 5, Jan. 
3, 2001, p. 26).
  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). If the House adjourns during the 
consideration of a report from the Committee on Rules, further 
consideration of the report becomes the unfinished business on the 
following day, and debate resumes from the point where interrupted 
(Sept. 27, 1993, p. 22609; Sept. 28, 1993, p. 22719). When the House 
adjourns on the second legislative day after postponement of a question 
under clause 8 of rule XX without resuming proceedings thereon, the 
question remains unfinished business on the next legislative day (Oct. 
1, 1997, p. 20922; Oct. 2, 1997, p. 20991). When the House adjourns 
while a motion to instruct under clause 7(c) of rule XXII is pending, 
the motion to instruct becomes unfinished business on the next day and 
does not need to be renoticed (Oct. 1, 1997, p. 20894).
  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 mo

[[Page [659]]]

tions for the previous question were made (V, 5518). When the previous 
question is ordered on a bill undisposed of at adjournment on Friday, 
the bill comes up for disposition on the next legislative day (VIII, 
2694). A bill going over from Calendar Wednesday with the previous 
question ordered on it should be disposed of on the next legislative day 
(VII, 967). A bill coming over from a preceding day with the previous 
question ordered was of equal privilege with business on the former 
Consent Calendar (VII, 990).
  The rule <> excepts by its terms certain classes of 
business that are considered in periods set apart for classes of 
business, viz: l  (a) Bills considered in the morning hour and on 
Calendar Wednesday for the call of committees. l  (b) Bills in Committee 
of the Whole.
  (c) Private bills considered on Tuesdays.
  (d) District of Columbia bills.
  (e) Bills brought up under the rule setting apart days for motions to 
suspend the rules, 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 that 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

[[Page [660]]]

left off, giving preference to the last bill or resolution under 
consideration. A committee that has occupied the call for two days may 
not call up another bill or resolution until the other committees have 
been called in their turn.

  The morning hour is one of the oldest devices of the rules for 
devoting an early portion of the session to a specific class of 
business. Until 1885 it was the hour for the reception of reports from 
committees. In 1890 it was provided that reports should be filed with 
the Clerk, and the morning hour was by this rule devoted to a call of 
committees for the consideration of House Calendar bills (IV, 3181). 
Since the adoption of the Calendar Wednesday rule (clause 6 of rule XV), 
the morning hour has been used but rarely. Before the House recodified 
its rules in the 106th Congress, this provision was found in former 
clause 4 of rule XXIV (H. Res. 5, Jan. 6, 1999, p. 47).
  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 was 
interrupted is concluded, the call is resumed unless there be other 
interrupting business or the House adjourns (IV, 3133). A bill once 
brought up on the call continues before the House in that order of 
business until disposed of (IV, 3120), unless withdrawn by authority of 
the committee before action that puts it in possession of the House (IV, 
3129); and may not be made a special order for a future day by a motion 
to postpone to a day certain (IV, 3164). In order to be called up in 
this order a bill must properly be on the House Calendar (IV, 3122-
3126), and a bill on the Union Calendar may not be brought up on call of 
committees under this clause (VI, 753). If the authority of the 
committee to call up a bill is disputed, the Chair does not consider it 
a duty to decide the question (IV, 3127) but may base the decision on 
statements from the chair and other members of the committee (IV, 3128).


[[Page [661]]]


  5. After <> consideration of bills or resolutions under clause 4 for one 
hour, it shall be in order, pending consideration thereof, to entertain 
a motion that the House resolve into the Committee of the Whole House on 
the state of the Union or, when authorized by a committee, that the 
House resolve into the Committee of the Whole House on the state of the 
Union to consider a particular bill. Such a motion shall be subject to 
only one amendment designating another bill. If such a motion is decided 
in the negative, another such motion may not be considered until the 
matter that was pending when such motion was offered is disposed of.

  This portion of the rule was adopted in 1890 as part of the plan for 
enabling the House at will to go at any time to any public bill on its 
calendars (IV, 3134). Before the House recodified its rules in the 106th 
Congress, this provision was found in former clause 5 of rule XXIV (H. 
Res. 5, Jan. 6, 1999, p. 47).
  The phrase <> ``one hour'' has been 
interpreted to include a shorter time in the case that the call of 
committees shall have exhausted itself before the expiration of one hour 
(IV, 3135); but not otherwise (IV, 3141). After the House has been in 
Committee of the Whole under this order and has risen and reported, and 
the report has been acted on by the House, other motions to go into 
Committee to consider other bills are in order (IV, 3136). The motion to 
go into Committee generally may be made by the individual Member (IV, 
3138), but when it is proposed to designate a particular bill the Member 
must have the authority of a committee (IV, 3138). The amendment to the 
motion to consider a particular bill must refer to a bill on the Union 
Calendar (IV, 3139). This order of business is used entirely for 
nonprivileged bills and is not used in the House for consideration of 
bills in Committee of the Whole House on the state of the Union if 
otherwise privileged under clause 5 of rule XIII.


[[Page [662]]]


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. 47). 
The question of consideration under clause 3 of rule XVI and the motion 
that the House resolve itself into the Committee of the Whole are not 
debatable (VIII, 2447; IV, 3062, 3063).
  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).




[DOCID:hd162-73]                         

                                 Rule XV
                    business in order on special days

Suspensions
  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, Tuesdays, and Wednesdays and during 
the last six days of a session of Congress.

  This provision (formerly 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 motions to suspend the rules 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 Con

[[Page [663]]]

gress, the rule was amended to permit 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. 11). That authority was extended by unanimous 
consent through the last Wednesday in June (Apr. 30, 2003, p. 10063) and 
by resolution through the entire 108th Congress (H. Res. 297, June 26, 
2003, p. 16275). In the 109th Congress, the House amended the rule to 
permit motions to suspend the rules every Wednesday (sec. 2(e), H. Res. 
5, Jan. 4, 2005, 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. 47).
  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 
that enabled the House on any day to consider public bills on its 
calendars. 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 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 that has been ruled out 
of order by the Speaker

[[Page [664]]]

(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. 18510). 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; Jan. 22, 2007, p. _). 
However, if a special rule requires that the object of a motion to 
suspend the rules be announced on the floor at least one hour before the 
Chair's entertaining the motion, unanimous consent is required to permit 
the Chair to entertain the motion before that time (Sept. 28, 1996, p. 
25765, 25774).
  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. 5206), and the power to withdraw and modify 
the motion rests with its proponent (May 10, 2006, p. _). The motion may 
not be 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 but 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 the Member 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).

[[Page [665]]]

  For a discussion of debate on the motion and the Chair's recognition 
of a Member to control time in opposition to the motion, see Sec. 891, 
infra.
  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, if 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 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), and yields to such 
questions of privilege (III, 2553; VI, 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). 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 Committee on Rules. 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).
   <> Authorization by a committee is not required for the Speaker to 
recognize for a motion to suspend the rules (VIII, 3410), including a 
motion to suspend the rules and pass a measure ``as amended'' (June 22, 
1992, p. 15617).
Before 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,

[[Page [666]]]

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). The committee could 
not present a bill that had not been referred to it (V, 6813) or was not 
within its jurisdiction (V, 6848).
  Before <> 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 consumption of the time of the House by forcing consideration of 
undesirable propositions (V, 6797). The requirement (formerly 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 but may not entertain 
any other motion until the vote is taken on the suspension.


[[Page [667]]]


  This provision (formerly clause 8 of rule XVI) was adopted in 1868 (V, 
5743), and amended in 1911 (VIII, 2823). A technical change was effected 
in the 110th Congress (sec. 505(c), H. Res. 6, Jan. 4, 2007, p. _ 
(adopted Jan. 5, 2007)). 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.

  This provision (formerly 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. 47). 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; Oct. 5, 2004, 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).
  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. 19275). Any challenge to 
the Member recognized to control the time in opposition to the motion 
must be made when the time is allocated by the Chair (May 15, 1984, p. 
12215; Speaker Wright, June 2, 1987, p. 14223).
  This paragraph formerly included a provision dealing with the 
Speaker's authority to postpone further proceedings on motions to 
suspend the rules.

[[Page [668]]]

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--
      (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

[[Page [669]]]

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 
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.

[[Page [670]]]

  (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 but may not entertain any 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.

[[Page [671]]]

  (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 providing 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 (formerly 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

[[Page [672]]]

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. 26) and a 
technical correction was effected in the 110th Congress (sec. 505(d), H. 
Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 2007)).
  The phrase ``a majority of the total membership of the House'' was 
construed to mean 218 Members (Speaker Byrns, Apr. 15, 1936, p. 5509), 
not including Delegates or the Resident Commissioner; and a Delegate or 
the Resident Commissioner may not sign a discharge petition even by 
unanimous consent (Oct. 1, 2003, p. 23853). The rule does not authorize 
signature of discharge motions by proxy (VII, 1014). When a Member 
withdraws a 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. 6590).
  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 the signature (May 31, 1934, p. 10159). It may be withdrawn 
by the Member's 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

[[Page [673]]]

for the consideration of a measure to provide campaign finance reform 
(Jan. 24, 2002, pp. 145-56).
  The right to close debate on a motion to discharge a committee is 
reserved to the proponent of the motion (VII, 1010a); and the chair 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 (formerly 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. 23293).

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. 47).


[[Page [674]]]

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 Oversight and 
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 (formerly 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 on Government Reform and Oversight (and in the 
106th and 110th Congresses 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. 47; sec. 215(f), H. Res. 6, Jan. 4, 2007, 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. 47).
  The Committee on Government Reform and Oversight (now Oversight and 
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 Oversight and 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

[[Page [675]]]

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 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

[[Page [676]]]

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.
  (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 (formerly 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. 47).

[[Page [677]]]

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. 11015; Nov. 17, 2003, p. 29279). 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 has 
discretion to recognize a Member to move a call of the House before 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 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 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. 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 that 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 in those cases, 
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 
(provided that the Chair has not exercised discretionary authority (Nov. 
17, 1981, p. 27770 (sustained by tabling of appeal)) to dispense with 
the call).

  In the <> 109th Congress 
the Corrections Calendar (formerly clause 6 of rule XV) was abolished 
(sec. 2(f), H. Res. 5, Jan. 4, 2005, p. _). The Corrections Calendar was 
established in the 104th Congress as a replacement for the Consent 
Calendar (H. Res. 168, June 20, 1995, p. 16574). Later in the 104th 
Congress several technical changes were effected to admit amendments by 
a designee of the chair of the primary committee (H. Res. 254, Nov. 30, 
1995, p. 14974). In the 105th Congress it 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 it 
was amended to delete the requirement that a bill be on the Corrections 
Calendar for three days

[[Page [678]]]

before being called therefrom (sec. 2(n), H. Res. 5, Jan. 3, 2001, p. 
25). Before the House recodified its rules in the 106th Congress, the 
provision was found in former clause 4 of rule XIII (H. Res. 5, Jan. 6, 
1999, p. 47). The House could 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). Section 106 of the Legislative Branch Appropriations Act, 2004, 
transferred the positions, and associated funding, of the Corrections 
Calendar Office to the Speaker and the Minority Leader (117 Stat. 1041).

  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 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 prior placement on 
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).
  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
  6. (a) <> On Wednesday of 
each week, business shall not be in order before completion of the call 
of those committees (except as provided by clause 4 of rule XIV) whose 
chair, or other member authorized by the

[[Page [679]]]

committee, has announced to the House a request for such call on the 
preceding legislative day.
  (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.
  (c) This clause does not apply during the last two weeks of a session 
of Congress.

  This clause (formerly 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) was adopted January 18, 
1916. The clause was re-written in the 111th Congress to provide for 
Calendar Wednesday business from a committee only upon its request (sec. 
2(e), H. Res. 5, Jan. 6, 2009, p. _). For a history of the clause as it 
existed before that Congress, and related precedents, see Sec. Sec. 900, 
901 of the House Rules and Manual for the One Hundred Tenth Congress (H. 
Doc. 109-157).
  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). The rule does not apply to amendments between 
the Houses, unreported bills, or Senate bills being held at the 
Speaker's desk (Mar. 12, 2008, p. _). House Calendar bills have no 
preference over Union Calendar bills (VII, 938).
  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).

[[Page [680]]]

  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 before 
automatically resolving 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 (formerly clause 4 of rule XXIV), the morning 
hour, and another under Calendar Wednesday (VII, 944) when committees 
are called twice (VII, 924; Mar. 12, 2008, p. _).
  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 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, 
because such a question is privileged under the Constitution (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 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) (Mar. 28, 1984, p. 6869) and for 
one-minute speeches (Mar. 21, 1984, pp. 6187, 6188; May 7, 2008. p. _) 
before the call of committees on Calendar Wednesday. District of 
Columbia business is eligible for consideration on Calendar Wednesday 
(VII, 937). A motion to adjourn (May 7, 2008, p. _) and the 
administration of the oath (May 7, 2008, p. _; VI, 22) may interrupt the 
call of committees. Once Calendar Wednesday proceedings are completed, 
other business may be conducted (VII, 921).
  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 a Member who is in favor of the bill 
(VII, 962), but this principle has been questioned (VII, 961).
  Clause 2(b) of rule XIII (formerly clause 2(l)(1) of rule XI), 
requiring the chair of each committee to report or cause to be reported 
promptly measures approved by the committee and to take such necessary 
steps to bring the matter to a vote, is sufficient authority for the 
chair to call up a properly-noticed bill on Calendar Wednesday, but any 
other committee

[[Page [681]]]

member must obtain specific authority of the 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; Apr. 18, 2007, p. 
_). Before 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 its chair by a 
committee (IV, 3127).




[DOCID:hd162-74]                         

                                Rule XVI
                         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 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.

  In 1880 the first sentence of this clause was composed of language 
adopted in 1789 and 1806 (V, 5300). The last sentence of this clause 
(formerly 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. 47).
  Because of this provision it has been held not in order to amend or 
strike 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, including the motion to adjourn, be 
reduced to writing and in the proper form (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 chair 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. 12749).

[[Page [682]]]

  The <> Speaker has declined to 
entertain debate or appeal on a question as to the dilatoriness of a 
motion, because doing so would 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), 
to lay on the table (VIII, 2816), and to the question of consideration 
(V, 5731-5733). The point of no quorum also has 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 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 a ruling by Speaker Gillett construing dilatory motions, see VIII, 
2804. For discussion of dilatory motions pending consideration of a 
report from the Committee on Rules, see Sec. Sec. 857-858, supra.

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. 
47).
  The House always insists that the motion 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 the question on a 
motion in order

[[Page [683]]]

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 (such as the practice of extinguishing 
reconsideration by laying a motion to reconsider on the table), a Member 
may offer 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. 25737) and a contempt 
resolution (Oct. 27, 2000, p. 25200). 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).
  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, in which 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. 17291; Apr. 3, 2003, pp. 8490, 8491; Nov. 7, 2007, p. _). An 
amendment disposed of in the Committee of the Whole by voice vote may 
not be withdrawn (June 17, 2004, 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 with

[[Page [684]]]

drawn, the Chair is not obligated to rule on the point of order (VIII, 
3405; Dec. 3, 1979, p. 34385).
  A decision that 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).
  If 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 (V, 5349; Feb. 26, 1985, p. 3501) or if a 
voice vote (and the record vote on the associated motion for the 
previous question) has been vacated (Sept. 25, 2008, p. _), the 
resolution may be withdrawn. 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 against a voice vote thereon (pursuant to 
former clause 5 of rule I (current clause 8 of rule XX)), the manager 
may withdraw such motion when it is again before the House as unfinished 
business (July 24, 1989, p. 15818).
  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. 47). 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

[[Page [685]]]

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 that 
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 offering of a motion to lay on the 
table but before its disposition (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 
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 in which the yeas and nays had been ordered and the House 
had 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 a 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 merely for reference, 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 the consideration of which has been provided by a special 
order of business (IV, 3175; V, 4953-4957; June 22, 2006, p. _; Jan. 24, 
2007, p. _; Jan. 31, 2007, p. _), 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

[[Page [686]]]

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), 
and the question of consideration is not available after the House has 
resolved into the Committee of the Whole (May 10, 2007, p. _).
  A <> point of order against consideration of a bill 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).
  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 permit 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.
  Clause 9 of rule XXI establishes a point of order against 
consideration of certain measures for failure to disclose (or disclaim 
the presence of) certain earmarks, tax benefits, and tariff benefits 
(paragraphs (a) and (b)), and permits a vote on the question of 
consideration of a rule or order waiving such points of order (paragraph 
(c)). Certain cognizability thresholds are established for points of 
order under the rule (paragraph (d)). See Sec. 1068d, infra.

[[Page [687]]]

  Both points of order may be raised against the same special order of 
business (May 14, 2008, p. _).

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 the 
discretion of the Speaker, to entertain a motion--
      (A) that the Speaker be authorized to declare a recess; or
      (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) was added in the 93d Congress to 
enable a privileged, nondebatable motion to fix the adjournment (H. Res. 
6, Jan.

[[Page [688]]]

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). A gender-based reference was eliminated in the 111th 
Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _). 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. 47).
  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 the following yield to it: (1) a question of privilege 
(III, 2521), including a resolution considered to be a ``question of 
high constitutional privilege'' such as one declaring the office of 
Speaker vacant and to direct the House to proceed at once to the 
election of a new Speaker (VIII, 2641); (2) 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); (3) a motion to suspend the rules 
(Aug. 11, 1992, p. 23086); (4) a motion to reconsider (V, 5605; see also 
clause 3 of rule XIX); (5) in the absence of a quorum, the motion for a 
call of the House (VIII, 2642); (6) a motion to dispense with further 
proceedings under the call (VIII, 2643); (7) a motion directing the 
Sergeant-at-Arms to arrest absentees during a call of the House (June 6, 
1973, p. 18403). 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 to adjourn may not interrupt a Member who has the floor (V, 5369, 
5370; VIII, 2646; Mar. 25, 1993, p. 6373; Oct. 1, 1997, p. 20902) 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

[[Page [689]]]

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. 10725; Apr. 18, 2002, p. _). A 
Member's mere revelation that the Member 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. 23524; June 25, 2003, p. _).
  When the House has fixed the hour of daily meeting, the simple motion 
to adjourn may not be amended (V, 5754), whether 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); or 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. 1291), 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 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 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 
legisla

[[Page [690]]]

tive 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 
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 because 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 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. 1541), an appeal from a decision of the Chair (VIII, 3453; June 
22, 2006, p. _), 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 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),

[[Page [691]]]

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 a preamble or another resolution with 
which it is connected (V, 5428, 5430); a petition does not accompany the 
motion to receive it when the latter is laid on the table (V, 5431-
5433); and a bill does not accompany a motion to instruct conferees that 
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. 
17054) and does not apply to motions to resolve 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).
  The motion to lay on the table generally is not applicable to motions 
that are neither debatable nor amendable. As such, it is not applicable 
to the following motions: (1) to adjourn (Aug. 3, 1990, p. 22195); (2) 
that when the House adjourn it stand adjourned to a day and time certain 
(Nov. 17, 1981, p. 27770); (3) to dispense with further proceedings 
under a call of the House (Speaker McCormack, Aug. 27, 1962, pp. 17651-
54); (4) to order the previous question (V, 5410, 5411; Oct. 4, 1994, p. 
27649). Furthermore, the motion may not be applied to: (1) a motion to 
suspend the rules (V, 5405); (2) a motion to commit after the previous 
question is ordered (V, 5412-5414; VIII, 2653, 2655); (3) 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).
  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 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.

[[Page [692]]]

  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). If 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 move to postpone pending business to Calendar Wednesday 
(VIII, 2614), but if so postponed by consent, when consideration is 
concluded on that Wednesday, proceedings under the Calendar Wednesday 
rule are in order (VII, 970). The motion is not available in Committee 
of the Whole (July 14, 1998, p. 15305), 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 
only within narrow limits (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), the motion to suspend the rules (V, 
5322), or the 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 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 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).

[[Page [693]]]

  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 (or commit, as the case may be), with or 
without instructions, pending the motion for or after ordering of the 
previous question as provided in clause 2(a) of rule XIX (V, 5569); the 
motion to recommit (or commit, as the case may be), with or without 
instructions, after the previous question has been ordered on a bill or 
joint resolution to final passage, provided in clause 2(b) of rule XIX; 
and the motion to refer, with or without instructions, pending a vote in 
the House to strike 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 if 
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 a 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 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,

[[Page [694]]]

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, 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), or 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.
  (2) A resolution or order reported by the Committee on Rules providing 
a special order of business is not divisible.

[[Page [695]]]

  (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) were first adopted in 1789, 
and were 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. 47).
  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), because 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 because 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, because 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 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).

[[Page [696]]]

  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 resolving clauses separately certifying the 
contemptuous conduct of two individuals is divisible (Feb. 27, 1986, p. 
3040); as is a resolution with one resolving clause certifying 
contemptuous conduct of several individuals (Oct. 27, 2000, p. 25200; 
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. 11064; June 19, 2009, 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 if 
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 before the Chair puts the question thereon (Nov. 8, 
1983, p. 31495). A division may be demanded on an amendment to strike 
various unrelated phrases (VIII, 3166; Mar. 28, 1984, p. 6898). An 
amendment proposing 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

[[Page [697]]]

(July 15, 1993, p. 15843). Absent a contrary order, the question may be 
divided on amendments 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 
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. 5418) and a perfecting amendment to an amendment may be divided if 
not in the form of a motion to strike and insert (V, 6131). When it is 
proposed to strike 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 the words may not be offered as a 
substitute, because it would have the effect of dividing the motion to 
strike 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 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 reported from the Committee on Rules 
and a pending amendment thereto

[[Page [698]]]

(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. 18622), 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 the House (VIII, 2175, 3164), 
a question against which a point of order is pending (VIII, 3432), or 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 (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 portion of the question, the second is 
open to debate and amendment, unless the previous question is ordered 
(see Sec. 482, supra). If a motion to concur in a Senate amendment is 
divided pursuant to a special rule, 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). If 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, if 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). If 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). If the question on adopting an amendment 
is divided by special rule (rather than on demand from the floor), the 
Chair puts the question on each divided portion of the amendment in the 
order in which it appears (May 23, 1996, p. 12316).

[[Page [699]]]

  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 (formerly 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. 47). 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 becomes unfinished business and is no longer 
pending, thereby permitting the offering of another amendment (May 10, 
2000, p. 7513). An amendment

[[Page [700]]]

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. 5418). 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). The Chair does not entertain a unanimous-
consent request to designate a co-offeror of an amendment (May 20, 2004, 
p. _; Sept. 14, 2004, p. _).
  A Member may not amend or modify his or her own amendment except by 
unanimous consent (Oct. 1, 1985, p. 25453); and if 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, pp. 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 all 
after its first word and inserting a new text (V, 5793, 5794). Although 
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 an

[[Page [701]]]

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 perfecting 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 before 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 in which the amendatory instructions of the substitute 
displace 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 
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 paragraph, the substitute may be 
moved to the first paragraph, with notice that, if agreed to, motions 
will be made to strike 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). If 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 is in order (Speaker O'Neill, Mar. 26, 
1985, p. 6274). If a perfecting amendment to an amend

[[Page [702]]]

ment in the nature of a substitute, striking 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).
  Except <> as provided in clauses 4 and 5(a) of rule XXI, a point of order 
against an amendment is timely if made or reserved before formal 
recognition of the proponent to commence debate thereon (July 16, 1991, 
p. 18391; July 15, 1997, pp. 14492, 14493), but thereafter comes too 
late (V, 6894, 6898-6899) unless the Member was on his or her feet 
seeking recognition for that purpose at the time the amendment was 
offered (July 28, 1995, p. 20897; May 25, 2006, p. _). To preclude a 
point of order, debate should be on the merits of the proposition (V, 
6901). 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, if the Member making the point of order is on his or 
her feet seeking recognition (July 16, 1991, p. 18391; see Deschler-
Brown, ch. 31, Sec. Sec. 6.39, 6.41). 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 raise a point of order (V, 6906; July 
18, 1990, p. 17930).
  Although <> 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 chair of the 
committee reporting a bill should be recognized preferentially to offer 
amendments to perfect it over other Members (II, 1450). Amendments may 
not be offered by proxy (VIII, 2830). The motion to strike the enacting 
clause has precedence of the motion to amend, and may be offered while 
an amendment is pending (V, 5328-5331; VIII,

[[Page [703]]]

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).
  With <> some exceptions an amendment may attach itself to secondary 
or 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. 47).
  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). Before 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 words 
already in a bill may not be ruled out as not germane (V, 5805; VIII, 
2918) unless such action would expand the scope and meaning of the text 
(VIII, 2917-2921; Mar. 23, 1960, p. 6381); and a pro forma amendment 
``to strike the last word'' has been considered germane (July 28, 1965, 
p. 18639). Although 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

[[Page [704]]]

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, because the amendment is not separately 
before the 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 by 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. 13605), and if 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). A special order of business directing that certain matter be 
added to the engrossment of a bill does not operate until passage of 
that bill (Mar. 5, 2008, p. _).
  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, 
because affecting budget authority

[[Page [705]]]

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. 
13605).
  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 if 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). If 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). Although the heading of the final 
title of a bill as ``miscellaneous'' does not thereby permit amendments 
to that title that are not germane thereto, the inclusion of 
sufficiently diverse provisions in such title affecting various 
provisions in the bill may permit further amendments that 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 House-passed bill, 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,

[[Page [706]]]

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 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 that, 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 the following sections that it would supersede (V, 
5823; July 29, 1969, p. 21221). If a perfecting amendment to the text is 
offered pending a vote on a motion to strike 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, because 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 if 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

[[Page [707]]]

and within the jurisdiction of the committee reporting the bill (Mar. 2, 
1967, p. 5155; July 16, 1991, p. 18397).
  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 House provisions (V, 6188; VIII, 2936). 
But if a Senate amendment proposes to strike 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 that was originally in the Senate bill or amendment and that 
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) that 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 [708]]]

  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. 
12488); to a joint resolution continuing appropriations for the current 
fiscal year, a motion to recommit with instructions to revise the 
reconciliation instructions in the concurrent resolution on the budget 
(Sept. 29, 2005, p. _); 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. 13605); 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. 11333); 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

[[Page [709]]]

and the United States (Nov. 6, 1997, p. 24824); 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. 4301); to a bill addessing enforcement of 
State liquor laws, an amendment addressing enforcement of State firearm 
laws (Aug. 3, 1999, p. 19213); to a bill addressing taxation under the 
Internal Revenue Code, a motion to recommit with instructions extending 
unemployment insurance benefits (May 9, 2003, p. 11110 (sustained by 
tabling of appeal)); to a bill reauthorizing the National Transportation 
Safety Board, an amendment extending unemployment insurance benefits 
(May 15, 2003, p. 11955 (sustained on appeal)); to an immigration bill 
addressing (1) issues of admissibility, detention, removal, and 
deportation of various classes of aliens (Sept. 21, 2006, p. _ 
(sustained by tabling of appeal)) or (2) improvements in enforcement and 
judicial proceedings (Sept. 21, 2006, p. _), a motion to recommit with 
instructions proposing an increase in the number of U.S. Marshals; to a 
bill confined to housing-related matters, an amendment providing funding 
for various infrastructure projects (May 17, 2007, p. _); to a bill 
settling land claims of two tribal communities in a state, a motion to 
recommit with instructions broaching fuel procurement by federal 
agencies (June 25, 2008, p. _ (sustained by tabling of appeal)); to a 
bill addressing economic stabilization and assistance funds and housing 
matters, a motion to recommit with instructions addressing the solvency 
of various Social Security trust funds (Jan. 21, 2009, p. _ (sustained 
by tabling of 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 by enlisted personnel (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

[[Page [710]]]

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. 
19213), 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, 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 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. Thus, 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. 19213). 
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, pp. 11233, 11234).
  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 regu

[[Page [711]]]

lation 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 obligation of such funds on the basis of legislative findings 
concerning readiness, because 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 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

[[Page [712]]]

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, 
implicitly overruling V, 5582); to a bill prohibiting poll taxes, a 
motion to recommit the bill with instructions that the committee report 
it back in the form of a joint resolution amending the Constitution to 
accomplish the purpose of the bill (Deschler-Brown, ch. 28, Sec. 23.8); 
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 (also broader in scope) (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 (also 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 employment (also within the jurisdiction of a 
different committee) (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, 
thereby 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); to a bill 
providing new budget authority, a motion to recommit with instructions 
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

[[Page [713]]]

through prevention and treatment, an amendment imposing civil penalties 
on drug dealers (Sept. 16, 1998, p. 20587); to a resolution impeaching 
the President, an amendment censuring the President (Dec. 19, 1998, p. 
28107); 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 creating new Federal laws 
to regulate intoxicating liquor (Aug. 3, 1999, p. 19216); 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. 3203).
  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 (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 
joint resolution continuing appropriations for the current fiscal year, 
a motion to recommit with instructions to revise the reconciliation 
instructions in the concurrent resolution on the budget (Sept. 29, 2005, 
p. _); 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 of 1974) 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

[[Page [714]]]

authorizing military procurement and personnel strengths for one fiscal 
year, an amendment imposing permanent prohibitions and conditions on 
troop withdrawals from the Republic of Korea because 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 
(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 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

[[Page [715]]]

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 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. 
794); 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. 3389); to a 
resolution authorizing the deployment of troops to implement a peace 
agreement within the jurisdiction of the Committee on Foreign Affairs, 
an amendment expressing support for the armed forces carrying such 
mission within the jurisdiction of both the Committees on Armed Services 
and Foreign Affairs (Mar. 11, 1999, p. 4301); to a bill addressing 
certain diplomatic efforts to curb alleged price-fixing in the global 
oil market within the jurisdiction of the Committee on Foreign Affairs, 
an amendment proposing to suspend oil exportation through changes to the 
Mineral Leasing Act within the jurisdiction of the Committee on Natural 
Resources and an amendment proposing to change the Energy Policy

[[Page [716]]]

and Conservation Act to reauthorize Presidential authority to draw down 
the strategic petroleum reserve, a matter within the jurisdiction of the 
Committee on Energy and Commerce (Mar. 22, 2000, p. 3281); to a bill 
confined to tax issues within the jurisdiction of the Committee on Ways 
and Means, a motion to recommit with instructions to report an amendment 
addressing the minimum wage, a matter within the jurisdiction of the 
Committee on Education and the Workforce (now Education and Labor) (June 
22, 2006, p. _ (sustained by tabling of appeal)), or vice versa (Jan. 
10, 2007, p. _ (sustained by tabling of appeal)); to several individual 
bills on various topics within the jurisdiction of various other 
committees, an amendment addressing the Foreign Intelligence 
Surveillance Act of 1978, a matter within the jurisdiction of the 
Committee on the Judiciary and the Permanent Select Committee on 
Intelligence (July 12, 2007, p. _; Feb. 26, 2008, p. _; Feb. 27, 2008, 
p. _; Mar. 5, 2008, p. _; Mar. 6, 2008, p. _ (in each case sustained by 
tabling of appeal); Apr. 16, 2008, p. _ (sustained on appeal)); to a 
bill studying two rivers under the Wild and Scenic Rivers Act, and 
issues related thereto, within the jurisdiction of the Committee on 
Natural Resources, a motion to recommit with instructions addressing 
comprehensive energy legislation touching several other committees' 
jurisdictions (Sept. 10, 2008, p. _ (sustained by tabling of appeal)); 
to a bill confined to taxation issues within the jurisdiction of the 
Committee on Ways and Means, a motion to recommit with instructions 
addressing laws within the jurisdiction of the Committees on 
Agriculture, Natural Resources, and Education and Labor (Sept. 26, 2008, 
p. _ (sustained by tabling of appeal)).
  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 rendering further similar 
amendments 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 because 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 Foreign Affairs, and

[[Page [717]]]

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 within the jurisdiction of the Committee on the Judiciary, is 
not germane (Oct. 4, 2001, pp. 18797, 18809).
  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 if 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 that, 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) (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. 
24824).

[[Page [718]]]

  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 
terms of Senators, an amendment changing the manner of their election 
(V, 5882); 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. 19213).
  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; June 20, 
2001, pp. 11233, 11234); to a measure continuing appropriations for the 
current fiscal year for a specified period, an amendment proposed in a 
motion to recommit making certain funds available beyond such

[[Page [719]]]

time (Dec. 13, 2007, p. _ (sustained by tabling of appeal)); 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, 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 (also in 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 earmark from an appropriation 
bill, a House amendment reinserting part of the amount but adding other 
earmarks 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

[[Page [720]]]

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. 28121-24); 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 
law, an amendment to accomplish another purpose by amending that 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 (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 (VIII, 2955) where it could not be shown that the amendment 
intended a return to the facility's existing designation (Feb. 4, 1998, 
p. 792); 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. 819); 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. 3389); to a joint resolution proposing an 
amendment to the Constitution authorizing Congress to prohibit physical 
desecration of the flag, a motion to recommit with instructions 
proposing an amendment to the Constitution requiring a balanced budget 
(June 22, 2005, p. _ (sustained by tabling of appeal)) or requiring that 
Social Security receipts and outlays

[[Page [721]]]

be counted as receipts or outlays of the United States (June 22, 2005, 
p. _ (sustained by tabling of appeal)); to a joint resolution proposing 
an amendment to the Constitution to afford equal rights on the basis of 
sex, an amendment to add ``race, creed, or color'' (Oct. 12, 1971, pp. 
35813, 35814).
  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 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 a department 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 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 before 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

[[Page [722]]]

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 addressing 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 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. 20, 1997, p. 4425); to 
a bill addressing one class of imported goods (those produced by forced 
labor), an amendment addressing all imported goods from a specified 
country (Nov. 5, 1997, p. 24643); to a bill confined to a single 
national historic trail designation, a motion to recommit with 
instructions extending to all trails addressed by the National Trails 
System Act (July 10, 2008, 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, an 
amendment addressing funding for other departments as well as 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

[[Page [723]]]

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 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). Although 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 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 
meth

[[Page [724]]]

od to accomplish that result (artist employment through the 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 
appropriation 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 
(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 if 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 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 included in 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

[[Page [725]]]

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 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 if 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, 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; Feb. 13, 2008, p. _ 
(sustained by tabling of appeal)). 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, because 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). Although an 
amendment making a permanent change in existing law has been held not 
germane to a bill proposing a temporary change in that law, if 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, nec

[[Page [726]]]

essarily 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 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 may be 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). If 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 relate to the provision 
of law being repealed (July 28, 1965, p. 18636). Generally to a bill 
amending one 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, because it was 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

[[Page [727]]]

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 military 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); to a proposition 
reducing the line-item authorization for certain missiles and 
prohibiting procurement of certain other missiles, an amendment 
proposing a conditional restriction on the availability of funds for 
such procurement that merely requires observation of activities of 
another country, which activities already constitute the policy basis 
for the funding of that governmental activity (missile procurement) (May 
16, 1984, p. 12510); to a bill authorizing federal funding of certain 
qualifying state programs, 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); to an 
authorization bill, an amendment that conditions the availability of 
such funds 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

[[Page [728]]]

(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); 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 
program) (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 (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

[[Page [729]]]

referring to funds provided in other acts (Nov. 17, 1967, p. 32968); and 
an amendment conditioning the availability of defense funds to foreign 
contractors based upon their compliance with Federal law regarding 
discrimination not otherwise applicable to them (and within the 
jurisdiction of other committees) (June 16, 1983, p. 16060); an 
amendment conditioning the availability of grants to states and 
localities based upon their compliance with Federal immigration law 
regarding employment eligibility verification not otherwise applicable 
to them (and within the jurisdiction of other committees) (Mar. 7, 2007, 
p. _).
  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. 13605).
  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 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, although 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), and 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 has 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

[[Page [730]]]

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); an amendment 
conditioning authorization for one agency (National Science Foundation) 
on appropriations for another (National Aeronautics and Space 
Administration) (May 2, 2007, p. _); 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); and 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. 794). 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 that directs that official to take 
certain actions in the exercise of the authority or proposes to limit 
such authority (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 that 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 the 
official in the bill, an amendment further restricting such official's 
authority to construe under any circumstances certain other laws to be 
administered by that official (as an additional, although more

[[Page [731]]]

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 if 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, pp. 18355-58, 18361). Although 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 an unrelated 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. 
21475). 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 on autos for 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

[[Page [732]]]

was held not germane, because it dealt 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 the violation of an 
international agreement was held germane because 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 
labor disputes affecting public utilities (VIII, 3024).

Readings
  8. <> Bills 
and joint resolutions are subject to readings as follows:
      (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 (formerly clause 1 of rule XXI) was adopted in 1789, 
amended in 1794, 1880 (IV, 3391), and on Jan. 4, 1965 (H. Res. 8, 89th 
Cong., p. 21). This latest amendment eliminated the provision that 
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,

[[Page [733]]]

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. 47).
  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), although when called 
up pursuant to a unanimous-consent request, it is reported by title only 
(Dec. 18, 2005, p. _). 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).
  The right to <> demand the reading in full of the engrossed copy of a 
bill formerly guaranteed by the rule existed immediately after it had 
been ordered to be engrossed and before it had been read a third time by 
title (IV, 3400, 3403, 3404; VII, 1061); and 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). If 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

[[Page [734]]]

vote on the final passage (V, 7029, 7030; VIII, 3504). A bill having 
been rejected by the House, consideration of a similar but not identical 
bill on the same subject was afterwards held to be in order (IV, 3384).




[DOCID:hd162-75]                         

                                Rule XVII
                           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 the 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.
  (b) Remarks in debate (which may include references to the Senate or 
its Members) shall be confined to the question under debate, avoiding 
personality.

  This clause (formerly clause 1 of rule XIV) was adopted in 1880, but 
was made up, in its main provisions, of older rules, which dated from 
1789 and 1811 (V, 4979). A rule of comity prohibiting most references in 
debate to the Senate was first enunciated in Jefferson's Manual and was 
strictly enforced in the House through the 108th Congress (albeit with 
certain exceptions adopted in the 100th and 101st Congresses outlined in 
former paragraph (b)) (Sec. 371, supra; H. Res. 5, Jan. 6, 1987, p. 6; 
H. Res. 5, Jan. 3, 1989, p. 72). In the 109th Congress the exceptions 
were deleted and the parenthetical in paragraph (b) was inserted (sec. 
2(g), H. Res. 5, Jan. 4, 2005, p. _). The rule continues to require 
Members to avoid personality, and the Chair remains under a duty to call 
to order a Member who violates the rule. A gender-based reference was 
eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 
_). 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. 47). This clause, and rulings of the Chair with respect to 
references in debate to the Senate, are discussed in Sec. Sec. 361, 371, 
supra.

[[Page [735]]]

  The Speaker, who has a responsibility under rule I to maintain and 
enforce decorum in debate, and the chair of the Committee of the Whole, 
who enforces decorum in debate under rule XVIII, have reminded and 
advised Members of the following: (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; Oct. 17, 2005, p. _); (3) Members 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. 17032; Oct. 11, 
2000, p. 22189; Oct. 2, 2003, pp. 23949, 23950; Mar. 10, 2004, 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 such references to the Senate or the President (Jan. 4, 1995, p. 
551); (7) Members should refrain from discussing the President's 
personal character (May 10, 1994, p. 9697); (8) Members should heed the 
gavel (see, e.g., Mar. 16, 1988, p. 4081; May 22, 2003, p. 12965; Oct. 
2, 2003, p. 23950; May 19, 2004, p. _), and remarks uttered in debate 
while not under recognition do not appear in the Congressional Record 
(e.g., May 22, 2003, p. 12965; Oct. 2, 2003, p. 23950; May 19, 2004, p. 
_); (9) Members may not use audio devices during debate (May 24, 2005, 
p. _). 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 the Chair's 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, Members 
direct their remarks to the occupant of the Chair (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 also has been interpreted to proscribe the wearing of 
badges by Members to communicate a message, because 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. 
17157; Sept.

[[Page [736]]]

28, 2000, p. 19940; Sept. 22, 2004, 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 
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 before a Member may proceed in debate (V, 4984, 4985), and this 
motion must be reduced to writing upon demand (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 a Member is not 
required to offer a resolution, as is the case involving the privileges 
of the House (III, 2546, 2547; VI, 565, 566, 580; see Sec. 708, supra ). 
Personal explanations merely are made by unanimous consent (V, 5065).
  A <> Member 
having the floor may not be deprived of it 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), 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 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 the right 
to continue when the subject is again continued (V, 5009-5013), but if 
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. 
12471). A Member may also be seated while a paper is being read on the 
Member's time without losing the right to the floor (V, 5015). A Member 
who, having the floor, moved the previous question was per

[[Page [737]]]

mitted 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; May 11, 2006, p. _). A Member recognized under the five-minute 
rule in the Committee of the Whole may not yield to another Member to 
offer an amendment, because it is within the power of the Chair to 
recognize Members 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 discretion as to whether or not to 
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 the Member will yield after having declined to do so (Apr. 9, 
1992, p. 9040; Nov. 13, 1997, p. 26533; Mar. 19, 2009, p. _). If a 
Member interrupts another during debate without being yielded to or 
otherwise recognized (as on a point of order), such 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 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 
remarks must be confined to the subject under debate (V, 5043-5048; VI, 
576; VIII, 2481, 2534). The Chair normally does not take initiative but 
waits for the question of relevancy of debate to be raised (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. 3663), which is untimely after intervening debate (July 31, 2007, p. 
_).
  During debate on a bill, a Member under recognition must confine 
remarks to the pending legislation; that is, remarks must not dwell on 
another measure not before the House (Nov. 4, 1999, p. 28524), but 
rather must maintain a constant nexus between debate and the subject of 
the bill (Nov. 14, 1995, pp. 32354-57; Mar. 12, 1996, p. 4450; Mar. 20, 
2002,

[[Page [738]]]

pp. 3663-64; June 3, 2003, p. 13483, p. 13486). Although remarks 
comparing a pending question to a broader policy concern may be 
relevant, discussion of the broader policy concern may not stray from 
its nexus to the pending question (July 31, 2007, p. _). Debate on a 
motion to amend must be confined to the amendment (or the second-degree 
amendment, as the case may be (July 31, 2007, p. _)), 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. 5734). 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. 9997). Debate on a special order providing for 
the consideration of a bill may range to the merits 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. 3664) or to the Rules of the House in 
general (July 9, 2004, p. _ (sustained by tabling of appeal)). 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 that 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, 
although 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 Mem

[[Page [739]]]

ber 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).
  Although Speakers have entertained appeals from decisions as to 
irrelevancy, they have held such appeals not debatable (V, 5056-5063).
  Under prior practice in Committee of the Whole, remarks did not have 
to be confined 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, if a general provisions title is pending debate may relate 
to any agency funded by the bill (June 13, 1991, p. 14692).

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. 47).
  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 such 
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 that 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 line of precedent that continues (VI, 292; VIII, 
2429, 2646, 2762). It also has been determined that a Member may not 
invoke clause 6 of rule XIV (formerly 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).--

[[Page [740]]]

  Recognition <> for one-minute speeches by unanimous consent and the order 
of recognition therefor are entirely within the discretion of the 
Speaker (Nov. 15, 1983, p. 32657; Mar. 7, 2001, p. 3027), who may 
decline a unanimous-consent request to increase the number (Sept. 16, 
2008, 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, because 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 
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. The Speaker announced 
that the Chair would recognize for speeches of five minutes or less 
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 designee; (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 guide

[[Page [741]]]

lines 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. 31, 2001, p. 1078).
  Although 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). 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), to recognize for a 
special order after midnight (May 10, 2007, p. _), or to extend a 
special order beyond midnight (Oct. 7, 1998, p. 24394). 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, 1998, p. 23151; Dec. 12, 2001, p. 25605). 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. 1078).-
  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 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. 602; Jan. 3, 2001, p. 38; 
Jan. 23, 2002, p. 3; Jan. 7, 2003, p. 24; Jan. 20, 2004, p. _; Jan. 4, 
2005, p. _; Jan. 31, 2006, p. _; Jan. 4, 2007, 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 debate 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 
House extended such order in a modified form to accommodate early 
convening times on any Monday or Tuesday (Jan. 20, 2004, p. _; Jan. 4, 
2005, p. _; Jan. 31, 2006, p. _; Jan. 4, 2007, p. _). The above-cited 
orders of the House also: (1) postpone the Prayer, approval of the 
Journal, and the Pledge of Allegiance during morning-hour debate; 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

[[Page [742]]]

morning-hour debate, the Chair does not entertain a unanimous-consent 
request to extend a five-minute period of recognition (Apr. 28, 1998, p. 
6924; Nov. 12, 2002, p. 21327). 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).
  Although <> there is no appeal from the Speaker's recognition, the 
Speaker is not a free agent in determining who is to have the floor. The 
practice of the House establishes rules from which the Speaker should 
not depart. For example, when the order of business brings before the 
House a certain bill the Speaker must first recognize, for motions for 
its disposition, the Member who represents the committee that has 
reported it (II, 1447; VI, 306, 514). This is not necessarily the chair 
of the committee, for a chair who, in committee, has opposed the bill, 
must yield the prior recognition to a member of the committee who has 
favored the bill (II, 1449). Usually, however, the chair 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). This principle does not, however, apply to the chair of the 
Committee of the Whole (II, 1453). 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). In the case of a motion 
to instruct conferees (Mar. 29, 2006, p. _), a measure on which the 
previous question has been ordered without intervening motion (Feb. 13, 
2007, p. _, p. _), or a measure on which time has been yielded under the 
hour rule solely for the purpose of debate (Dec. 16, 2005, p. _; Nov. 7, 
2007, p. _), the Chair will entertain a unanimous-consent request 
regarding the disposition of the measure only if the majority manager 
yields for that purpose. The Member who originally introduces the bill 
that a committee reports has no claim to recognition as opposed to the 
claims of the members of the committee, but in cases in which 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

[[Page [743]]]

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). Where a Member raises an objection 
in a joint session to count the electoral vote, and the Houses separate 
to consider the objection, the Chair first recognizes that Member (III, 
1956; Jan. 6, 2005, p. _) or a co-signer of the objection (Jan. 6, 1969, 
pp. 145-7). 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). When the House establishes a 
special order for consideration of a measure, only a manager identified 
by the terms of that order is recognized to call up the measure 
(Deschler, ch. 21, Sec. 1.25; Jan. 18, 2007, p. _). 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 chair 
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 the Member to prior recognition on a motion relating to another 
matter (II, 1464). It is because the Speaker is governed by these usages 
that the Speaker often asks, when a Member seeks recognition, ``For what 
purpose does the gentleman (or gentlewoman) rise?''. By this question 
the Speaker determines whether the Member proposes business or a motion 
that is entitled to precedence, and 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 the Member seeks to offer a motion to adjourn does not 
suffice to render that motion ``pending,'' and thus the Chair remains 
able to declare a short recess under clause 12 of rule I (Oct. 28, 1997, 
p. 23524; June 25, 2003, p. 16241). 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; Mar. 23, 2007, p. _), who may take a 
parliamentary inquiry under advisement (VIII, 2174), especially if 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 elected leaders (Speaker, Majority Leader, and Minority Leader) 
additional time to make their remarks in debate (Dec. 18, 1998, p. 
27834; May 18, 2004, 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

[[Page [744]]]

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).
  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 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 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, Tuesdays, and Wednesdays, the Speaker exercises 
discretion in recognition (V, 6791-6794, 6845; VIII, 3402-3404). The 
Speaker 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 objection to the 
request. But this authority did not extend to the former Consent 
Calendar. Where the

[[Page [745]]]

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 the 
discretionary power of recognition under this clause (Feb. 10, 2000, p. 
1019). 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 certain legislation only when assured that the majority 
and minority floor and committee leaderships have no objection. This 
policy includes: (1) requests relating to reported measures (July 23, 
1993, p. 16820) and unreported measures (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. 10297); (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. 5153); (4) requests to permit consideration of 
(nongermane) amendments to bills (Nov. 14, 1991, p. 32083; Dec. 20, 
1995, p. 37877; June 27, 2002, p. 11838); (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 (formerly 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. 18942), 
including one identical to a House-passed bill (Feb. 4, 1998, p. 799) 
and a Senate concurrent resolution to correct an enrollment (Oct. 20, 
1998, p. 27358); (7) requests to dispose of Senate amendments to House 
bills on the Speaker's table (Jan. 4, 1996, pp. 200, 210; Nov. 22, 2002, 
p. 23510). 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. 20339; Oct. 16, 2002, 
p. 20765; Nov. 14, 2002, p. 22513). The Speaker's enforcement of this 
policy is not subject to appeal (Apr. 4, 1995, p. 10298) and is a matter 
of discretionary recognition in the first instance (Sept. 27, 2006, p. 
_). ``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. 23510), but 
the Chair may indicate cog

[[Page [746]]]

nizance of a source of objection for the Record (Feb. 4, 1998, p. 799). 
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 chair 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 (formerly clause 2 of rule XIV) dates from 1841, when 
the increase of membership had made it necessary to prevent the making 
of long speeches that 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. 47).
  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 the hour 
without moving the previous question, thereby permitting another Member 
to be recognized for a successive hour (Dec. 18, 1998, p. 27838). 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. 23254). The Chair has advised that the Member in charge of measure 
would be recognized for unanimous-consent requests to enlarge the time 
for debate (Feb. 4, 2009, p. _; Feb. 13, 2009, p. _). In the 104th 
Congress the Speaker announced the intention to strictly enforce time 
limitations on debate (Jan. 4, 1995, pp. 457-552). The Chair has 
announced that the Chair 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 (see, e.g., Mar. 24, 1995, p. 9215; June 27, 2002, p. 
11849; May 9, 2003, p. 11039; July 24, 2003, p. 19464; Nov. 21, 2003, p. 
30793).

[[Page [747]]]

  For a discussion of morning-hour debate 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.
  (c) A manager of a measure who opposes an amendment thereto is 
entitled to close controlled debate thereon.

  Paragraphs (a) and (c) (formerly clause 3 of rule XIV) were adopted in 
1847 and perfected in 1880 (V, 4996). Paragraph (b) (formerly 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. 
47).
  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. 9042, 9050); or as against the subject of 
a disciplinary resolution (July 24, 2002, p. 14313). If 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. 5454). If 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

[[Page [748]]]

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. 16726; July 27, 1999, p. 18012; 
June 21, 2000, pp. 11704, 11721; July 26, 2000, p. 16437). 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. 2059). For further discussion of management of time for general 
debate and for debate on amendments in the Committee of the Whole, see 
Sec. 978, infra.
  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 after that Member has begun speaking 
(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. 4497). 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 where not a member 
of the reporting committee (V, 4995). The right of a contestant in an 
election case to close when permitted to speak in the contest has been a 
matter of discussion (V, 5001).
  As codified in paragraph (c), the manager of a bill or other 
representative of the committee and not the proponent of an amendment 
has the right to close controlled debate on an amendment (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), including the minority manager (June 29, 1984, p. 
20253; Aug. 14, 1986, p. 21660; July 26, 1989, p. 16403; Oct. 27, 1997, 
p. 23212; July 26, 2002, p. 14972) and including the manager of a 
measure that was reported adversely (Feb. 13, 2002, p. 1355). This is so 
even if 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 
if the measure called up is unreported (Apr. 15, 1996, p. 7421; July 24, 
1998, p. 17263), if an unreported compromise text is made in order as 
original text in lieu of committee amendments (Oct. 19, 1995, p. 28650), 
or if the committee reported the measure without recommendation (Feb. 
12, 1997, pp. 2108, 2109). If the pending text includes a provision 
recommended by a committee of sequential referral, a member of that 
committee is entitled to close debate in oppostion to an amendment 
thereto (June 15, 1989, pp. 12084-87). If 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 in oppostion

[[Page [749]]]

to an amendment thereto (Sept. 18, 1997, p. 19325). 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. 9110). 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, pp. 19961-
63). 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, pp. 18585-87). 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 
paragraph (c) (June 15, 2000, pp. 11040, 11047).
  Under certain circumstances, however, the proponent of the amendment 
may close debate if representing 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 if a member of the 
committee does not claim time in opposition (May 13, 1998, p. 9092). 
Similarly, the proponent may close debate if neither a committee 
representative nor a Member assigned a managerial role by the governing 
special order oppose the amendment (Aug. 15, 1986, p. 22057; May 6, 
1998, pp. 8307, 8316; July 14, 1998, p. 15321; July 17, 2003, pp. 18585-
87). If 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, pp. 15684, 15685, 
15689). Similarly, the proponent of the amendment may close debate if no 
representative from the reporting committee opposes an amendment to a 
multijurisdictional bill (Mar. 9, 1995, p. 7467); if the measure is 
unreported and has no ``manager'' under the terms of a special rule 
(Apr. 24, 1985, p. 9206); or if 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

[[Page [750]]]

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 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) (formerly clause 4 of rule XIV) were adopted in 1789 and 
amended in 1822 and 1880 (V, 5175). The last sentence of paragraph (a) 
and the last sentence of paragraph (b) (formerly clause 5 of rule XIV) 
were 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. 47).

[[Page [751]]]

  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 the 
Member (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 of a Member who engages in personality in 
debate with respect to Members of the Senate, including 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, it is 
customary for the Chair to await an initiative from the floor to call to 
order a Member who engages in personality 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 recognition for debate (Mar. 16, 1988, p. 4081) or during 
recognition of another Member (June 5, 2003, p. 13884). The Chair may 
order the offending Member to be seated (June 5, 2003, p. 13884) or may 
deny further recognition, subject to the will of the House on the 
question of 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 before a demand that the words be taken 
down (Sept. 24, 1992, p. 27345).
  This clause (formerly 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) and the Chair's ruling in that regard is 
subject to appeal (Jan. 22, 2007, p. _). However, a Member standing 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

[[Page [752]]]

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). 
Similarly, a parliamentary inquiry concerning the propriety of words 
just spoken in debate does not render untimely a demand that the words 
be taken down as unparliamentary (May 6, 2004, p. _). However, an 
improper parliamentary inquiry concerning the substantive content of the 
words does render untimely such demand (July 20, 2005, 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. 24002). 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). If 
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, if a Member declines to proceed in order at the 
directive of the Chair after points of order have been 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 Chair may entertain a unanimous-consent request to withdraw or 
modify words taken down either before (Deschler-Brown, ch. 29, 
Sec. 51.1) or after (Deschler-Brown, ch. 29, Sec. 51.2) the words have 
been reported to the House (VIII, 2528, 2538, 2540, 2543, 2544; July 16, 
1998, p. 15827; June 28, 2000, pp. 12771, 12776). Unanimous consent is 
not required for a Member to withdraw a demand that words be taken down 
before a ruling by the Chair (June 18, 1986, p. 14232).
  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, 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 
simulta

[[Page [753]]]

neously 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. 9005).
  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. 5832), even on 
yielded time (V, 5147), and may not insert unspoken remarks in the 
Record (Jan. 25, 1995, p. 2352), but still may exercise the 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. 10232) or offered by any 
Member (July 25, 1996, p. 1970; Mar. 21, 2007, p. _). The motion is not 
inconsistent with the immediate consequence of the call to order because 
this clause (formerly 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 Member to proceed in order (see, e.g., Sept. 12, 1996, p. 
22898) or, particularly if admonitions have been ignored, may deny the 
Member recognition for the balance of the time for which 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. 10232), 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

[[Page [754]]]

(Feb. 18, 1941, p. 1126) or offered by the Member called to order (Feb. 
11, 1941, pp. 894, 899).
  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.

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

[[Page [755]]]

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 (formerly 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, 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. 7). 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. 47).
  Originally Members wore their hats during sessions, as in Parliament, 
and the custom was not abolished until 1837 (II, 1136). The prohibition 
against Members wearing hats in the Chamber while the House is in 
session includes doffing a 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 and 109th Congresses 
Members were reminded of the need to be in proper attire in the Chamber 
(June 28, 2000, p. 12654; June 20, 2006, p. _), and the Chair has so 
admonished a Member speaking in debate without a jacket (Apr. 3, 2001, 
p. 5361). 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. 
15744; Oct. 7, 1999, p. 24415; Jan. 27, 2000, p. 132) and that Members 
should disable wireless telephones on entering the Chamber (e.g., June 
12, 2000, p. 10369; July 19, 2000, p. 15344; Oct. 10, 2000, p. 22021; 
Oct. 19, 2000, p. 23616; May 13, 2004, 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 
legisla

[[Page [756]]]

tive 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). The Chair has 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. 14627); 
(2) that Members should not engage in disruption while another Member is 
speaking (Dec. 20, 1995, p. 37878), including shouting interjections 
during debate (Feb. 13, 2009, p. _). 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. 23293).
  Hissing and jeering is not proper decorum in the House (May 21, 1998, 
p. 10282).
  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. 19027). 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. 19340).

Exhibits
  6. <> When the use of an 
exhibit in debate is objected to by a Member, Delegate, or Resident 
Commissioner, the Chair, in the discretion of the Chair, 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 give the Chair the 
discretion to submit the question of its use to the House (sec. 2(o), H. 
Res. 5, Jan. 3, 2001, p. 25). A gender-based reference was eliminated in 
the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, 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. 47).

[[Page [757]]]

  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. 12977). 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. 25770). For a discussion of the 
Speaker's responsibility to preserve decorum that may require the 
disallowance of exhibits in debate that would be demeaning to the House, 
or to any Member of the House, or that would be disruptive of the 
decorum thereof, see Sec. 622, supra.
  The earlier <> form of the rule (formerly 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 
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).

[[Page [758]]]

  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. Although Members may use exhibits such as charts 
during debate subject to this rule, the Speaker may, pursuant to the 
authority to preserve order and decorum under rule I (see Sec. 622, 
supra), direct the removal from the well of the House of a chart that is 
not being utilized during debate (Apr. 1, 1982, p. 6304), or that is 
otherwise disruptive of decorum.
  The reading <> of papers other than 
those on which the vote was about to be taken was usually permitted 
without question (V, 5258). 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 that the Member proposed to have read in his or 
her own time or to read in his or her 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).

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.


[[Page [759]]]


  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. 47). The Chair 
takes the initiative to enforce this clause (Deschler-Brown, ch. 29, 
Sec. Sec. 45.4, 45.7).

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. 47). 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. 3663). Remarks uttered while not under recognition (such as 
when a Member fails to heed the gavel at the expiration of debate time) 
do not appear in the Record (e.g., May 22, 2003, p. 12965; Oct. 2, 2003, 
p. 23950; May 19, 2004, p. _). Paragraph (a) 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.


[[Page [760]]]

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 such 
individual has communications that such individual 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 (formerly 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). Gender-based references were 
eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 
_). 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. 
47).
  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 chair 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). A motion having been defeated, a 
Member may offer a second motion on the same legislative day if having 
additional communications to make (May 10, 2007, p. _). The motion is 
subject to the motion to lay on the table (May 10, 2007, p. _).

[[Page [761]]]

  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. 5229; Sept. 26, 2006, 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 the manager 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 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).
  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 occasion since 1830), where the Member offering the motion 
had assured 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).
  On March 13, 2008, the House by unanimous consent authorized the Chair 
to resolve the House into secret session pursuant to this rule, that 
debate therein proceed without intervening motion for one hour equally 
divided and controlled by the Majority Leader and the Minority Whip, and 
that at the conclusion of debate the secret session be dissolved and the 
House stand adjourned (p. _). Before commencement of that secret 
session, the Speaker pro tempore (1) read to the House the contents of 
clause 9; (2) announced a recess to clear the galleries and floor of all 
persons

[[Page [762]]]

except Members and necessary staff, to permit staff to sign a notarized 
oath of secrecy, and to conduct a security sweep of the Chamber; (3) 
reminded Members of clause 13 of the Code of Official Conduct; (4) 
announced that all proceedings in secret session would remain secret 
unless otherwise ordered by the House; (5) announced that three bells 
would be rung approximately 15 minutes before the House reconvened for 
the secret session (Mar. 13, 2008, p. _).
  The House conducted a 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 because the Speaker must rely on the assurance of a Member that 
he has confidential communications to make to the House, and because 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).
  Under the authority in clause 3 of rule I, the Speaker may convene a 
classified briefing for Members on the House floor when the House is not 
in session (e.g., Mar. 18, 1999, p. 4863).




[DOCID:hd162-76]                         

                               Rule XVIII
       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 Member, Delegate, or the 
Resident Commissioner as Chair to preside. In case of disturbance or 
disorderly conduct in the galleries or lobby, the Chair may cause the 
same to be cleared.


[[Page [763]]]


  This provision (formerly 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 chair 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). 
That authority was repealed in the 104th Congress (sec. 212(b), H. Res. 
6, Jan. 4, 1995, p. 468) and reinstated in the 110th Congress (H. Res. 
78, Jan. 24, 2007, p. _). Delegates presided in two instances during the 
103d Congress (Oct. 6, 1994, p. 28533; Oct. 7, 1994, p. 29167). Gender-
based references were eliminated in the 111th Congress (sec. 2(l), H. 
Res. 5, Jan. 6, 2009, p. _). 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. 47).
  The <> Sergeant-at-Arms attends the sittings of the Committee of the 
Whole and, under direction of the Chair, maintains order (I, 257). The 
Chair recognizes for debate (V, 5003). Like the Speaker, the Chair is 
forbidden to recognize for requests to suspend the rule of admission to 
the floor (V, 7285).
  The Chair 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 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 
Chair does not respond to a parliamentary inquiry relating to possible 
proceedings in the House on a motion to recommit (Feb. 27, 2002, p. 
2079). The Chair 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. 29537).
  Decisions of the Chair 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. 9954). An appeal is debatable in the Committee 
of the Whole under the five-minute rule (June 24, 2003, pp. 15854-56). A 
majority vote sustains the ruling (Aug. 1, 1989, p. 17159).
  The chair 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 the chair 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 chair to determine whether 
or not the Committee shall rise (V, 6736, 6737). The Chair may declare

[[Page [764]]]

an emergency recess under clause 12 of rule I. In rare cases wherein the 
chair has been defied or insulted, the chair 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 chair may direct the exclusion of disorderly words spoken by 
a Member after having 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. 14095).

  2. (a) <> Except as provided in paragraph (b) 
and in clause 6 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 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. 47). A conforming 
change to paragraph (a) was effected in the 109th Congress (sec. 2(f), 
H. Res. 5, Jan. 4, 2005, p. _). Paragraph (b) was added in the 98th 
Congress

[[Page [765]]]

(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. 47).

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 amendment 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. 47). A technical correction 
to this clause was effected in the 108th Congress (sec. 2(u), H. Res. 5, 
Jan. 7, 2003, p. 7).
  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). If the expenditure is a mere matter of speculation 
(IV, 4818-4821; VIII, 2388), or if the bill might involve a charge but 
does not necessarily do so (IV, 4809, 4810), the rule does not apply. 
However, if 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

[[Page [766]]]

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 of 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 in the 
House by special rule (IV, 3216-3224) or by unanimous consent (IV, 4823; 
VIII, 2393), the effect is to discharge the Committee of the Whole. If 
the special order so dictates, the bill is before the full House for 
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.
  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).
  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(j)(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 that is to be borne other 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 
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 a 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

[[Page [767]]]

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 resolutions 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. 47). At that time references in this provision to 
revenue bills and rivers and harbors bills were deleted to conform to 
changes made to the rules 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 in which 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).


[[Page [768]]]

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 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

[[Page [769]]]

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 to 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). 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. 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. 47). 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. 47).
  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). If 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 
manager in general debate will be considered as yielded back upon 
recognition of the majority manager to close general debate (Feb. 27, 
2002, p. 2059). In the 104th Congress the Speaker announced his 
intention to strictly enforce time limitations on debate (Jan. 4, 1995, 
p. 457). The Chair manages the sequence in which committees use their 
time for general debate under a special rule as a matter of recognition 
and may recognize any member of the committee who is filling the role of 
chair or ranking minority member under the governing special rule (Mar. 
9, 2005, p. _). For a further discussion of management of time for 
general debate and debate on amendments in the Committee of the Whole, 
see Sec. 959, supra.
  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. 12522; Sept. 4, 2003, p. 21155, p. 21157, p. 
21158). However, a Member may not, in time yielded for general debate,

[[Page [770]]]

move that the Committee rise (May 25, 1967, p. 14121) or further yield 
to another for such motion (Feb. 22, 1950, p. 2178; May 17, 2000, p. 
8200).
  The motion <> to close general debate in Committee of the 
Whole, successor in 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). If the previous question is ordered, the 40 minutes of debate 
under clause 1(a) of rule XIX (formerly 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 the absence of an 
order by the House, the Committee of the Whole may by unanimous consent 
determine general debate (V, 5232; VIII, 2553). If 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, 
pp. 13437, 13442).-
  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. 47).
  Revenue, general appropriation, lighthouse, and river and harbor bills 
are generally read by paragraphs. Other bills are read by sections (IV, 
4738, 4740). Absent an order of the House to the contrary, the matter is 
in the discretion of the Chair (VIII, 2341, 2344, 2346), although the 
Committee of the Whole has overruled a decision (VIII, 2347). A Senate 
amendment, however, is read in its entirety, and not by 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. If 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, pp. 8923, 8924).
  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 for amendment by sections is not in order (Mar. 25, 1975,

[[Page [771]]]

p. 8490). The chair 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. 14733).
  To a bill read by paragraph, a motion to strike an entire title, 
encompassing multiple paragraphs, is not in order (Aug. 5, 1998, p. 
18928). If 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). If a bill is considered by title, the 
offering of an amendment inserting a new title precludes subsequent 
amendment to the pending title (Sept. 14, 2005, p. _; see also Deschler-
Brown, ch. 27, Sec. 10.13).
  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. 12262). The chair 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 (or other portion of the bill then 
open to amendment) should be made before the next paragraph (or portion 
of the bill) is read or before an amendment is offered thereto (V, 6931; 
VIII, 2351; June 16, 2004, p. _). The paragraph or section having 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 
remaining standing (June 10, 1998, p. 11976); and must confine remarks 
to the subject (V, 5240-5256; VIII, 2591). If 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) 
or yield blocks of time (June 14, 2006, p. _). For a further discussion 
of management of time for debate on amendments in the Committee of the 
Whole, see Sec. 959, supra.
  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

[[Page [772]]]

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. 15735). 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 declare in 
advance the order in which Members proposing amendments will be 
recognized (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 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). An amendment that has 
been disposed of in the Committee of the Whole may not be withdrawn 
(June 17, 2004, p. _).-
  The pro <> forma amendment to ``strike 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 or 
proposition, even on a subsequent day (July 14, 1998, p. 15298; May 23, 
2002, p. 8913 (see May 22, 2002, p. 8707)), 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 (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); a Member who has 
debated a substantive amendment may thereafter rise in opposition to a 
pro forma amendment thereto (July 20, 1951, p. 8566); and a Member may 
offer a pro forma amendment each to a pending amendment and a second 
degree amendment thereto (June 12, 2007, p. _; July 31, 2007, p. _), but 
not more than one (July 31, 2007, p. _). A Member who has offered a 
substantive amendment and then debated it for five minutes

[[Page [773]]]

may not extend that time by offering a pro forma amendment, because it 
is not in order for the offeror of an amendment to amend his or her 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, 
because 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, but may in yielding indicate 
to the Chair when the Member intends to reclaim 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 Chair shall invoke the 
procedure for a quorum call set forth in clause 2 of rule XX, unless the 
Chair 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 Chair shall report the names of 
absentees to the House.
  (b)(1) The Chair 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 Chair may 
entertain a point of order that a quorum is not present only when the 
Committee of the Whole House on the state

[[Page [774]]]

of the Union is operating under the five-minute rule and the Chair has 
put the pending proposition to a vote.
  (3) Upon sustaining a point of order that a quorum is not present, the 
Chair 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 Chair may announce an intention to declare 
that a quorum is constituted at any time during the quorum call when the 
Chair determines that a quorum has appeared. If the Chair 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 (formerly 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 Committee should be 100 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 give the Chair discretion to 
vacate proceedings under the call 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 Chair 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-

[[Page [775]]]

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 Chair 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 Chair the discretion whether or not to entertain a 
point of order of no quorum during general debate only. Gender-based 
references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, 
Jan. 6, 2009, p. _). 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. 47).
  The chair 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)). If 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).
  Clause 6(c) permits the chair of the Committee of the Whole to 
announce in advance, at the time that the absence of a quorum is 
ascertained, an intention to 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 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 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 
chair normally directs that Members record their presence by electronic 
device. The Chair may however, in the Chair's 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).

[[Page [776]]]

  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 that 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 Chair'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 an immediately prior 
count on a point of no quorum and on the Chair's 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). Although 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).
  Under <> clause 6(d), the presence of a quorum is not necessary for 
adoption of a motion that the Committee of the Whole rise (IV, 2975, 
2976, 4914; Mar. 5, 1980, p. 4801; Oct. 3, 1985, p. 26096; May 21, 1992, 
p. 12394; July 21, 2004, p. _).
  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; June 12, 2007, p. _), and is not debatable (May 17, 2000, p. 
8203). However, the motion cannot interrupt a Member who has the floor 
(VIII, 2370, 2371; June 12, 2007, p. _, p. _) and may be ruled out when 
dilatory (VIII, 2800). For a further discussion of the motion to rise, 
see Sec. 334, supra. For a point of order against the motion to rise and 
report an appropriation bill to the House where the bill, as proposed to 
be amended, exceeds an applicable allocation of new budget authority 
under section 302(b) of the

[[Page [777]]]

Congressional Budget Act of 1974, and setting forth procedures in the 
Committee of the Whole in the event that the point of order is 
sustained, see Sec. 1044b, infra.
  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 chair has reported the bill or 
resolution back to the House. The chair 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 recorded vote had disclosed a quorum (IV, 2972).
  Under the modern practice, the Committee of the Whole may rise 
informally without motion to enable the Chair to lay an enrolled bill 
before the House (Jan. 28, 1980, p. 888; Apr. 30, 1980, p. 9505).

  (e) In the Committee of the Whole House on the state of the Union, the 
Chair 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). A gender-based reference was eliminated in the 111th 
Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _). 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. 47). A 
demand for a recorded vote on an amendment is untimely where the Chair 
has recognized for the next amendment (Dec. 15, 2005, p. _) or put the 
question on the next amendment pending on the tree (Procedure, ch. 30, 
Sec. 12.5), or where considerable time has elapsed after the Chair's 
announcement of the voice vote (June 13, 2006, p. _). A motion to vacate 
a pending vote by electronic device is not in order (May 8, 2008, p. _).

-  (f) <> In the Committee of the Whole House on the state of the Union, 
the Chair 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.

[[Page [778]]]

  (g) The Chair may postpone a request for a recorded vote on any 
amendment. The Chair may resume proceedings on a postponed request at 
any time. The Chair may reduce to five minutes the minimum time for 
electronic 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). Gender-based references were eliminated in the 111th Congress 
(sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _). 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. 47). A vote by 
division is not such intervening business as would preclude a five-
minute vote under this paragraph (July 22, 1994, p. 17609). By unanimous 
consent waiving the five-minute minimum set by paragraphs (f) and (g), 
the House has authorized the chair of the Committee of the Whole to 
reduce questions to two-minute electronic votes (e.g., Mar. 16, 2006, p. 
_; May 23, 2006, p. _).
  Paragraph (g) was added in the 107th Congress (H. Res. 5, Jan. 3, 
2001, p. 25). Before the adoption of paragraph (g), the chair of the 
Committee of the Whole could not entertain a unanimous-consent request 
to reduce to fewer than 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. 
15305). An amendment pending as unfinished business where proceedings on 
a request for a recorded vote have been postponed can be modified by 
unanimous consent on the initiative of its proponent (July 19, 2005, p. 
_; see also Mar. 30, 2000, p. 4037). Special rules of the House before 
adoption of paragraph (g) commonly provided the chair 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 (e.g., Aug. 5, 1998, p. 18950); (2) 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. 
7994); (3) 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. 
9954); (4) the Committee of the Whole by unanimous

[[Page [779]]]

consent could vacate postponed proceedings, thereby permitting the Chair 
to put the question de novo (June 20, 2000, p. 11526); and (5) 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. 13615).
  Pursuant to this clause, where the Speaker has announced that the 
Speaker 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 intervening business such as to preclude 
a five-minute vote under this authority except by unanimous consent 
(June 22, 2000, p. 12087; June 27, 2000, p. 12586). A request for a 
record vote under this paragraph may be withdrawn by unanimous consent 
before proceedings resume on the request as unfinished business, in 
which case the amendment stands disposed of by the voice vote thereon 
(e.g., Sept. 17, 1998, p. 20845; June 25, 2004, p. _) unless the request 
proposes that the Chair put the question de novo (Sept. 22, 2004, p. _).
  (h) <> Whenever a recorded vote on any question has been decided by 
a margin within which the votes cast by the Delegates and the Resident 
Commissioner have been decisive, the Committee of the Whole shall rise 
and the Speaker shall put such question de novo without intervening 
motion. Upon the announcement of the vote on that question, the 
Committee of the Whole shall resume its sitting without intervening 
motion.

  This paragraph (former clause 2(d) of rule XXIII) was added in the 
103d Congress (H. Res. 5, Jan. 5, 1993, p. 49), repealed in the 104th 
Congress (sec. 212(c), H. Res. 6, Jan. 4, 1995, p. 468), and reinstated 
in the 110th Congress (H. Res. 78, Jan. 24, 2007, p. _).
  Whether the votes cast by the delegates are decisive is determined by 
a ``but for'' test, the question being whether the result would be 
different if their votes were not counted (May 19, 1993, p. 10409; Feb. 
8, 2007, p. _). The Chair's count in such matter is not subject to 
appeal (Feb. 8, 2007, p. _). The Chair does not differentiate between 
Members and Delegates and the Resident Commissioner in announcing the 
result of a record vote in the Committee of the Whole (Feb. 8, 2007, p. 
_). An amendment adopted by immediate proceedings de novo in the House 
does not

[[Page [780]]]

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). This paragraph is applicable only to votes 
taken in the Committee of the Whole (Mar. 11, 2008, p. _).

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. 47).

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.

[[Page [781]]]

  (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 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 (formerly 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

[[Page [782]]]

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. 47). A clerical correction was effected to paragraph (c) in the 
107th Congress (sec. 2(x), H. Res. 5, Jan. 3, 2001, p. 26).
  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 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 (formerly clause 7) 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, although not debatable (Apr. 23, 1975, p. 11534; 
June 5, 1975, p. 17187, July 14, 1998,

[[Page [783]]]

p. 15304), 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). 
Although 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. 8348). 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 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 the Chair's 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. 7515). The Chair also may, in the Chair's 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

[[Page [784]]]

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 the Chair's discretion, continue to 
proceed under the five-minute rule until desiring to allocate remaining 
time on possible amendments, and may then divide that time among 
proponents of anticipated amendments and committee members opposing 
those amendments (e.g., July 16, 1981, p. 16044; Feb. 28, 1995, pp. 
6306-08). 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) a manager of the bill controlling time in opposition to 
an amendment, and not the proponent of the pending amendment, has the 
right to close debate on the amendment (July 16, 1981, p. 16043), even 
where the manager is 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. Whenever 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

[[Page [785]]]

House it shall be referred to the Committee of the Whole without debate.

  The practice of rejecting a bill by striking 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. 47). 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), and 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). If a special order provides that a bill shall be open to 
amendment in Committee of the Whole, a motion to strike the enacting 
words is in order (VII, 787); contra (IV, 3215), but after the stage of 
amendment has been passed the motion to strike the enacting words is not 
in order (IV, 4782; VIII, 2368). Where a bill is being considered under 
a special order that permits only committee 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 if 
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 the 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

[[Page [786]]]

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 (June 20, 1975, p. 19966). For more 
concerning debate on the motion, see Deschler, ch. 19, Sec. 13.
  A second motion to strike 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, the motion to strike 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 the enacting words and does not 
refer it under the provisions 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, 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, the 
House automatically resolves into Committee of the Whole for further 
consideration (VII, 943).


[[Page [787]]]

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
      (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

[[Page [788]]]

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 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. 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. 47).

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 (formerly 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

[[Page [789]]]

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. 47). An amendment has been admitted 
under this clause to a bill being considered under a modified-closed 
rule that did not specifically preclude such amendment (Apr. 21, 2005, 
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. 47).
  The Chair may not entertain a unanimous-consent <> request in the Committee of the Whole 
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 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. 19218; Oct. 21, 1999, p. 26492); (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, pp. 13437, 13442; 
Feb. 9, 2005, p. _ (Chair corrected himself)) of general debate 
specified by the House, including a ``wrap up'' debate following the 
amendment process (Mar. 25, 2004, p. _); (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); (7) to postpone a 
vote on an appeal of a ruling of the Chair (June 8, 2000, p. 9954); (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 amend

[[Page [790]]]

ment 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. 11914; July 29, 1999, p. 18735; May 3, 2007, 
p. _); (10) to permit consideration of an additional amendment (July 28, 
1988, p. 19491; June 10, 1998, p. 11914; June 24, 2005, p. _; Mar. 15, 
2006, p. _); (11) to authorize a supplemental report from the Committee 
on Rules in lieu of the original report referred to in the special order 
(Speaker Wright, Aug. 11, 1988, p. 22105); (12) to permit another to 
offer an amendment vested in a specified Member (May 1, 1990, p. 9030); 
(13) to permit a division of the question on an amendment rendered 
indivisible by a special order (July 16, 1996, p. 17318); (14) to 
preclude procedural votes (where the order of the House refrained from 
precluding any form of motion to rise) (July 26, 2001, p. 14754); (15) 
to preclude further amendment except as specified (Apr. 3, 2003, p. 
8490); (16) to permit the offering of a pro forma amendment to an 
amendment when the special order governing consideration occupied the 
field by permitting pro forma amendments to the bill only (July 7, 2004, 
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 (see, e.g., June 10, 1993, p. 12486; July 
24, 1996, p. 18906; May 6, 1998, p. 8332; Mar. 29, 2000, p. 4017; Mar. 
13, 2002, p. 3127), including as unfinished business where proceedings 
on a request for a recorded vote have been postponed (Mar. 30, 2000, p. 
4037); (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 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; Mar. 25, 
2004, p. _); (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 proponent of an 
amendment to yield control of time in support to another (Mar. 9, 2006, 
p. _); (9) 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); (10) to reach ahead in the reading of a general 
appropriation bill to consider one amendment without prejudice

[[Page [791]]]

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. 
3980); (11) to permit the reading of an amendment that already was 
considered as read under the special order of the House (June 13, 2000, 
p. 10546; July 10, 2002, p. 12441); (12) to permit a request for a 
recorded vote even though untimely (Mar. 28, 2007, p. _); (13) to vacate 
a pending recorded vote in favor of taking the question de novo 
(although a motion to that effect is not available) (May 8, 2008, 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. 
15751). For a description of the authority under clause 6(g) for the 
chair of the Committee of the Whole to postpone and cluster requests for 
recorded votes on amendments (which, before the adoption of that clause, 
was commonly provided by special orders of the House), and the Chair's 
interpretation thereof, see Sec. 984, supra.




[DOCID:hd162-77]                         

                                Rule XIX
                  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 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

[[Page [792]]]

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. 47).
  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).
  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 and 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. 15793). When a bill is reported from 
the Committee of the Whole with the recommendation that the enacting 
words be stricken, 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

[[Page [793]]]

ordered on a resolution with a preamble there is doubt of its 
application to the preamble, unless the motion so specifies (V, 5469, 
5470). Thus, the practice of the House is for special rules to order the 
previous question on a resolution and on its preamble. 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).
  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), which must be put first (V, 5480; VIII, 
2609, 2684). 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 of the floor (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 chair 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, that Member 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 surrendering 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), another Member may move the previous question on the bill or 
resolution 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).

[[Page [794]]]

  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 
from the beginning of debate to final passage without intervening motion 
(IV, 3211-3213, June 14, 2001, p. 10725; Apr. 18, 2002, p. 4969).
  This <> clause allows 40 minutes of debate when 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; Mar. 
22, 1990, p. 4996) but not before it is ordered (Nov. 6, 2007, p. _). 
However, 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) (although when 
the previous question is ordered merely on an amendment that has not 
been debated, the 40 minutes are allowed (V, 5503)); (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); (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 (V, 5495; 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

[[Page [795]]]

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. 47). 
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 debated after the ordering of the previous question (III, 
2532).

  (c) <> Notwithstanding paragraph (a), 
when the previous question is operating to adoption or passage of a 
measure pursuant to a special order of business, the Chair may postpone 
further consideration of such measure in the House to such time as may 
be designated by the Speaker.

  This provision was adopted in the 111th Congress (sec. 2(f), H. Res. 
5, Jan. 6, 2009, p. _).

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 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)(1) Except as provided in paragraph (c), a motion that the House 
recommit a bill or joint resolution on which the previous question has 
been ordered to passage shall be debatable for 10 minutes equally 
divided between the proponent and an opponent.

[[Page [796]]]

  (b)(2) A motion to recommit a bill or joint resolution may include 
instructions only in the form of a direction to report an amendment or 
amendments back to the House forthwith.
  (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 (formerly 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). Paragraph 
(c) and an earlier form of paragraph (b), 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). Paragraph (b) was amended in the 111th Congress 
to allow for debate on the straight motion, and subparagraph (2) was 
added to restrict the range of permissible instructions to those 
``forthwith'' (sec. 2(g), H. Res. 5, Jan. 6, 2009, _). 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. 47). 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 
providing 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).

[[Page [797]]]

  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 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 (formerly 
clause 4(b) of rule XI) the Committee on Rules is prohibited from 
reporting a special order that precludes the motion to recommit as 
provided 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 a 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. 10725).
  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 
motion to commit is in order after the engrossment and third reading (V, 
5591).
  Before <>  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 does not apply to a motion to recommit a simple or 
concurrent resolution or a conference report, because the clause limits

[[Page [798]]]

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 is not ``controlled,'' and therefore Members may not reserve or 
yield blocks of time (July 26, 2006, p. _), a Member under recognition 
may yield to another while remaining standing (Feb. 27, 2002, p. 2081).
  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. 
2084). An amendment to a motion to recommit is not debatable (Feb. 27, 
2002, p. 2084). An amendment striking all of the proposed instructions 
and substituting others cannot be ruled out as interfering with the 
right of the minority to move recommittal (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).
  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). If the House adopts a motion to recommit with 
instructions that the committee report ``forthwith,'' the chair reports 
at once without awaiting action by the committee (V, 5545-5547; VIII, 
2730), the bill is before the House for immediate consideration (V, 
5550; VIII, 2735), and the amendments must be adopted by the House 
(VIII, 2734). When recommitted without such instructions, the measure is 
before the committee anew (IV, 4557; V, 5558).
  It is not in order to propose as instructions anything that might not 
be proposed directly as an amendment such as: (1) 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) an 
amendment in violation of clause 2 of rule XXI (V, 5533-5540; Sept.

[[Page [799]]]

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). 
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. 11072).
  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) of rule XIII, which precludes the Committee on Rules from 
reporting a rule that would prevent a motion to recommit from including 
amendatory instructions (see Sec. 857, supra).
  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).
  Only one motion to commit is in order (V, 5577, 5582, 5585; VIII, 
2763). If a motion to recommit is ruled out, a proper motion is 
admissible (VIII, 2736, 2760, 2761, 2763; June 22, 2005, p. _). 
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 section 425(a) of 
that Act, a proper motion to recommit remains available (Mar. 28, 1996, 
p. 6932).
  A motion to recommit with instructions was ruled out of order before 
the entire motion had been read as a matter of form where a special 
order of business precluded instructions (May 6, 2004, p. _). A point of 
order against a motion to recommit that initially is reserved pending 
its reading may be insisted upon before commencement of debate thereon 
(July 12, 2007, p. _) but not after (Mar. 5, 2008, p. _).
  Before the adoption of paragraph (b)(2) in the 111th Congress, it was 
permissible to direct a committee to study an issue (with or without 
amendatory instructions) and to report ``promptly'' its recommendations 
(Mar. 29, 1990, p. 1834) as long as they were germane and not 
argumentative (Sept. 23, 1992, p. 27178). Such motions sent the bill or 
joint resolution to committee, whose eventual report (if any) would not 
be immediately before the House (Deschler, ch. 23, Sec. 32.25; May 24, 
2000, p. 9151; May 3, 2007, p. _). When a bill was so recommitted, the 
committee had to confine itself to the instructions (IV, 4404; V, 5526).
  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

[[Page [800]]]

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. 47), 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 a 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 the motion read by the Clerk, that Member is not 
entitled to the floor so as to prevent a 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 degree of a Member's opposition (Oct. 23, 
1991, p. 28258) and accepts a Member's averment of opposition (Nov. 9, 
2005, p. _; Apr. 26, 2006, p. _; May 4, 2006, p. _). 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). In response to a parliamentary inquiry, the Chair 
requested all Members to reflect on the importance of the Chair's being 
able to rely on the veracity of a Member's assertion, when qualifying to 
offer a motion to recommit, of opposition to the bill; and the Chair 
recited to the Members the following apology by the ranking minority 
member of the Committee on Appropriations in 1979: ``The honorable, if 
not technical, duty of a Member offering a motion to recommit is to vote 
against the bill on final passage'' (Speaker Hastert, June 23, 2005, p. 
_, quoting from Deschler-Brown, ch. 29, Sec. 23.49). The Chair also 
advised that it is not a violation of the rules for a Member to vote for 
passage after asserting opposition to a measure in order to qualify to 
offer a motion to recommit, and it is not the province of the Chair to 
instruct a Member how to vote (Apr. 26, 2006, p. _).
  The priority in 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

[[Page [801]]]

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 is entitled to offer an amendment to the 
motion to recommit, regardless of party affiliation, such as the chair 
(June 26, 1981, pp. 14791-93) or another majority-party member (Feb. 27, 
2002, pp. 2080-85) of the committee reporting the bill. 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 opposition to the preamble, even though it is not otherwise 
subject to separate vote or amendment (Feb. 12, 1998, p. 1333). A Member 
rising in opposition to a motion to recommit must likewise qualify as 
opposed to the motion (Apr. 29, 1998, p. 7156) or obtain unanimous 
consent if not (e.g., Mar. 14, 2007, 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.

  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

[[Page [802]]]

rules in the 106th Congress, this provision was found in former clause 1 
of rule XVIII (H. Res. 5, Jan. 6, 1999, p. 47).
  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 such Member 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, any Member, irrespective of whether voting 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 voted 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. 
22017).
  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 (V, 5656). It also takes precedence of the motion to resolve 
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

[[Page [803]]]

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 that 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 or her 
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 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 practice in 
the standing committees, 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 the 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 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 recon

[[Page [804]]]

sider 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 (formerly 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 resolve 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), but recent practice does not admit 
the motion (e.g., Aug. 1, 2007, p. _). 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 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.
  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

[[Page [805]]]

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 the 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. 19946); 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 record vote, the Speaker put the question de novo and 
entertained a new demand for a record 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).
  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).

[[Page [806]]]

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 proposition 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 (formerly 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. 47). 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).




[DOCID:hd162-78]                         

                                 Rule XX
                         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 divi

[[Page [807]]]

sion 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 (formerly 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'' before 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 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. 47).
  The former right to demand tellers was not precluded by the fact that 
the yeas and nays had been refused (V, 5998; VIII, 3103), by a point of 
no quorum 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).

[[Page [808]]]

  One of the suppositions on which parliamentary law is founded is that 
the Speaker will not betray the 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 clause 8, 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, although 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. 18993). 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. 9134). 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 record vote cannot interrupt a vote by division that is 
in progress (June 10, 1975, p. 18048). Where both a division vote and a 
recorded vote are requested, the Chair will count for a recorded vote 
(July 22, 2003, p. 18993). 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. 11856). A demand for a 
recorded vote may be untimely even if the body has not moved on to other 
business (June 26, 2007, p. _).

[[Page [809]]]

  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. 47).

  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 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 (formerly clause 5(a) of rule XV) (H. Res. 1123, Oct. 13, 
1972,

[[Page [810]]]

p. 36012). A technical correction to paragraph (a) was effected in the 
108th Congress (sec. 2(u), H. Res. 5, Jan. 7, 2003, p. 7). The 
electronic system was first utilized in the House on January 23, 1973 
(p. 1793).
  A provision regarding holding a vote open for the sole purpose of 
reversing its outcome was added in the 110th Congress (sec. 302, H. Res. 
6, Jan. 4, 2007, p. _ (adopted Jan. 5, 2007)). A select committee to 
investigate certain voting irregularities recommended its repeal (H. 
Rept. 110-885), and the 111th Congress did so (sec. 2(h), H. Res. 5, 
Jan. 6, 2009, p. _). That provision did not establish a point of order 
(Apr. 15, 2008, p. _; May 8, 2008, p. _) but a vote could have been 
subject to collateral challenge as a question of the privileges of the 
House (Mar. 12, 2008, p. _; Apr. 15, 2008, 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 in lieu of utilizing the 
electronic voting device (Mar. 7, 1973, p. 6699), and pursuant to this 
clause and clause 6 (formerly clause 4 of rule XV) the Speaker may 
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).
  A request that the voting display be turned on during debate is not in 
order (Oct. 12, 1998, p. 25770).
  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). Once the Clerk has announced changes, the voting 
stations close and further changes must be made in the well (Nov. 17, 
2005, p. _).
  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), 
unless the request is to delete a vote that was not actually cast (June 
26, 2000, p. 12371). A recorded vote or quorum call may not be reopened 
once the Chair has announced the result (June 15, 2000, p. 11098). 
However, the Speaker may announce a change in the result of a vote taken 
by electronic device

[[Page [811]]]

where required to correct an error in identifying a signature on a 
voting card submitted in the well (Speaker O'Neill, June 11, 1981) or as 
a result of an untabulated voting card (Sept. 25, 2008, 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. 22016; Sept. 9, 2003, p. 21558; Mar. 30, 2004, p. _; July 8, 
2004, p. _; July 9, 2004, p. _). When an emergency recess under clause 
12(b) of rule I occurred during an electronic vote, the Chair extended 
the period of time in which to cast a vote by 15 additional minutes (May 
11, 2005, p. _; June 29, 2005, p. _). A resolution alleging intentional 
misuse of House practices and customs in holding a vote open for 
approximately three hours for the sole purpose of circumventing the will 
of the House, and directing the Speaker to take such steps as necessary 
to prevent further abuse, constitutes a question of the privileges of 
the House (Dec. 8, 2003, p. _; Dec. 8, 2005, pp. 32099, 32100). 
Similarly, resolutions directing the Committee on Standards of Official 
Conduct to review irregularities in the conduct of a vote in the House 
(Aug. 3, 2007, p. _) or alleging irregularities in the conduct of a 
vote, directing House officers to preserve all records relating thereto, 
and establishing a select committee of investigation thereof (Aug. 3, 
2007, p. _) constitute questions of the privileges of the House.
  Where the Chair attempted to prematurely close a vote by electronic 
device while voting cards submitted in the well were still being 
tabulated, he allowed such tabulation to conclude before announcing the 
outcome of the vote (Aug. 2, 2007, p. _). The ``scoreboard'' components 
of the electronic voting system are for display only, such that when the 
clock-setting on the board reads ``final'' the Chair may continue to 
allow Members in the well to cast votes or enter changes (Sept. 18, 
2007, p. _).
  Because this clause is incorporated by reference into clause 6 of rule 
XVIII (formerly clause 2 of rule XXIII), the chair 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 may continue to exercise 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 Members in the Chamber the right to have their votes 
recorded even if the Chair has announced the result (e.g., 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). In the 103d Congress 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.

[[Page [812]]]

6, 1993, p. 106). Starting in the 104th Congress, the Speaker has 
announced that each occupant of the Chair would have the Speaker's 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. 11849; 
Speaker Hastert, Jan. 6, 1999, p. 249; Speaker Hastert, Jan. 3, 2001, p. 
41; Speaker Hastert, Jan. 7, 2003, p. 24; Jan. 8, 2003, p. 172; Speaker 
Hastert, Jan. 4, 2005, p. _; Speaker Pelosi, Jan. 5, 2007, 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; 
Nov. 17, 2005, p. _).
  (b) When <> the electronic voting system is inoperable or is not used, 
the Speaker or Chair 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. 47). A gender-based 
reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, 
Jan. 6, 2009, 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. 
24198) or may direct a new electronic vote with a new 15-minute voting 
period (July 13, 2004, p. _). The determination that 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. 
24198). 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. 
1021; Apr. 9, 2002, p. 4054; Sept. 19, 2002, p. 17237; Sept. 4, 2003, 
pp. 21151, 21152). Similarly, where the electronic voting system 
malfunctioned only temporarily, the Chair continued an electronic vote 
but advised Members to verify that they were recorded correctly (Mar. 
25, 2004, 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 in 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. 24198). On 
one occasion, when the electronic voting system became inoperative 
during a vote, the Chair announced that (1) the vote would be held open

[[Page [813]]]

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. 17103).

--  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 (formerly 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. 47). Although 
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. 47; see Sec. 1031, infra).
  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 voting, the 
Speaker's name is called at the close of the roll (V, 5965). In case of 
a tie that is revealed by a correction of the roll, the Speaker has 
voted after intervening business or even on another day (V, 5969, 6061-
6063; VIII, 3075). Where the Speak

[[Page [814]]]

er 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 the Speaker 
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, before 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 the Member qualified by declaring 
that the Member had been within the Hall, listening, when the name 
should have been called and failed to hear it (V, 6071-6072; VIII, 3144-
3150), and then only on the theory that the name may have been 
inadvertently omitted by the Clerk (VIII, 3137). Under the former 
practice in which 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 a 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. Bells are repeated five minutes after the first ring. When by 
unanimous consent waiving the five-minute minimum set by clause 9 
(formerly clause 5(b)(3) of rule I) the House authorized the Speaker to 
put remaining postponed questions (Oct. 4, 1988, pp. 28126, 28148) or 
any question following another vote by electronic device (e.g., May. 23, 
2006, p. _) to two-minute electronic votes, two bells were rung.
  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 imme

[[Page [815]]]

diately 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 used.
  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 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).
  Before <> the 
result of a vote has been finally and conclusively pronounced by the 
Chair, but not thereafter, a Member may change a 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

[[Page [816]]]

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 or her 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).
  Once <> begun the 
roll call may not be interrupted even by a motion to adjourn (V, 6053; 
VIII, 3133), a parliamentary inquiry (VIII, 3132) except in the 
discretion of the Chair and if related to the call (Deschler-Brown, ch. 
31, Sec. Sec.  15.14, 15.15), 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). A Member-elect may be 
sworn during a record vote (Jan. 4, 2005, p. _; Jan. 6, 2005, p. _; Jan. 
25, 2005, p. _). 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 
how the Member would have voted if present (Speaker Rayburn, June 27, 
1957, p. 10521; contra VIII, 3151), but neither the rules nor 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, 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.


[[Page [817]]]


  This paragraph was adopted as part of the general revision of this 
rule (formerly rule XV) that 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. 47). The Speaker has discretion to direct that the 
presence of Members be recorded by this procedure in lieu of using the 
electronic system, or the Chair may direct that a quorum call be taken 
by an alphabetical call of the roll (Mar. 7, 1973, p. 6699). The chair 
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 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. 10665). 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 (formerly clause 4 of rule XV) of this rule the 
necessity for its 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. 47). 
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.


[[Page [818]]]


  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 described in paragraph (a) may 
order the Sergeant-at-Arms to send officers appointed by the Sergeant-
at-Arms 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 
electronic device unless the Speaker orders the use of the alternative 
procedure in clause 2(b). Together with clause 7 (formerly 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 chooses to recognize 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 (formerly 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. A technical 
correction to paragraph (b) was effected in the 109th Congress (sec. 
2(l), H. Res. 5, Jan. 4, 2005, p. _). A gender-based reference was 
eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 
_). Before the House recodified its rules in the 106th Congress, this 
provision was found in former clause 2(a) of rule XV (H. Res. 5, Jan. 6, 
1999, p. 47).

[[Page [819]]]

  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).
  Although 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 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 the former leave for a committee to sit 
during sessions did 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 in which 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 
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

[[Page [820]]]

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). 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); and 
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).
  Form of resolution for the arrest of Members absent without leave (VI, 
686).
  During <> the call, which in 
later practice has been invoked only in the absence of a quorum, 
incidental motions may be agreed to by less than a quorum (IV, 2994, 
3029; VI, 681), and under clause 7 (formerly 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 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). An appeal also may not be 
entertained during a call of the yeas and nays (V, 6051). 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)(1) If <> the House 
should be without a quorum due to catastrophic circumstances, then--

[[Page [821]]]

      (A) until there appear in the House a sufficient number of 
Representatives to constitute a quorum among the whole number of the 
House, a quorum in the House shall be determined based upon the 
provisional number of the House; and
      (B) the provisional number of the House, as of the close of the 
call of the House described in subparagraph (3)(C), shall be the number 
of Representatives responding to that call of the House.
  (2) If a Representative counted in determining the provisional number 
of the House thereafter ceases to be a Representative, or if a 
Representative not counted in determining the provisional number of the 
House thereafter appears in the House, the provisional number of the 
House shall be adjusted accordingly.
  (3) For the purposes of subparagraph (1), the House shall be 
considered to be without a quorum due to catastrophic circumstances if, 
after a motion under paragraph (a) has been disposed of and without 
intervening adjournment, each of the following occurs in the stated 
sequence:
      (A) A call of the House (or a series of calls of the House) is 
closed after aggregating a period in excess of 72 hours (excluding time 
the House is in recess) without producing a quorum.
      (B) The Speaker--
          (i) with the Majority Leader and the Minority Leader, receives 
from the Sergeant-

[[Page [822]]]

at-Arms (or a designee) a catastrophic quorum failure report, as 
described in subparagraph (4);
          (ii) consults with the Majority Leader and the Minority Leader 
on the content of that report; and
          (iii) announces the content of that report to the House.
      (C) A further call of the House (or a series of calls of the 
House) is closed after aggregating a period in excess of 24 hours 
(excluding time the House is in recess) without producing a quorum.
  (4)(A) For purposes of subparagraph (3), a catastrophic quorum failure 
report is a report advising that the inability of the House to establish 
a quorum is attributable to catastrophic circumstances involving natural 
disaster, attack, contagion, or similar calamity rendering 
Representatives incapable of attending the proceedings of the House.
  (B) Such report shall specify the following:
      (i) The number of vacancies in the House and the names of former 
Representatives whose seats are vacant.
      (ii) The names of Representatives considered incapacitated.
      (iii) The names of Representatives not incapacitated but otherwise 
incapable of attending the proceedings of the House.
      (iv) The names of Representatives unaccounted for.

[[Page [823]]]

  (C) Such report shall be prepared on the basis of the most 
authoritative information available after consultation with the 
Attending Physician to the Congress and the Clerk (or their respective 
designees) and pertinent public health and law enforcement officials.
  (D) Such report shall be updated every legislative day for the 
duration of any proceedings under or in reliance on this paragraph. The 
Speaker shall make such updates available to the House.
  (5) An announcement by the Speaker under subparagraph (3)(B)(iii) 
shall not be subject to appeal.
  (6) Subparagraph (1) does not apply to a proposal to create a vacancy 
in the representation from any State in respect of a Representative not 
incapacitated but otherwise incapable of attending the proceedings of 
the House.
  (7) For purposes of this paragraph:
      (A) The term ``provisional number of the House'' means the number 
of Representatives upon which a quorum will be computed in the House 
until Representatives sufficient in number to constitute a quorum among 
the whole number of the House appear in the House.
      (B) The term ``whole number of the House'' means the number of 
Representatives chosen, sworn, and living whose membership in the House 
has not been terminated by resignation or by the action of the House.

  This paragraph was added in the 109th Congress (sec. 2(h), H. Res. 5, 
Jan. 4, 2005, p. _). It was amended in the 111th Congress to correct a

[[Page [824]]]

cross-reference and to eliminate a gender-based reference (secs. 2(l), 
2(m), H. Res. 5, Jan. 6, 2009, p. _). In extraordinary circumstances, 
section 8 of title 2, United States Code, prescribes special election 
rules to expedite the filling of vacancies in representation of the 
House.
  (d) <> Upon the death, 
resignation, expulsion, disqualification, removal, or swearing of a 
Member, the whole number of the House 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 the Speaker deems pertinent.

  This paragraph was added in the 108th Congress (sec. 2(l), H. Res. 5, 
Jan. 7, 2003, p. 7). In the 109th Congress it was redesignated from 
paragraph (c) to paragraph (d) and the Speaker's responsibility to 
announce an adjustment was extended to the swearing of a Member (sec. 
2(h), H. Res. 5, Jan. 4, 2005, p. _). A gender-based reference was 
eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, 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 
Ser

[[Page [825]]]

geant-at-Arms before the House, whereupon the Member shall be noted as 
present, discharged from arrest, and given an opportunity to vote; and 
such 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 proceedings 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 ordered under this clause, 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 (formerly 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 (formerly clause 5) of this rule (H. Res. 1123, 92d Cong., p. 
36012). Paragraph (c) was amended to clarify the privileged nature of 
the motion to adjourn during the call in the 108th Congress (sec. 2(m), 
H. Res. 5, Jan. 7, 2003, p. 7) and the 111th Congress (sec. 2(m), H. 
Res. 5, Jan. 6, 2009, p. _), when gender-based references were also 
eliminated (sec. 2(l), H. Res. 5, Jan. 6, 2009, 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. 47).
  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 (formerly clause 5), or may direct the Clerk to call the 
roll pursuant to this clause (May 16, 1973, p. 15860).

[[Page [826]]]

  It applies only to votes in which 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; Aug. 4, 2007, p. _), or motions 
incidental to a call of the House that 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). Although 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 the 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 taken 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, because 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 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 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).

[[Page [827]]]

  When a quorum fails to vote on a yea-and-nay vote on a motion that 
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). If the House does 
adjourn, the question is put de novo the next meeting day (Oct. 10, 
1940, p. 13535).
  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, 
if a vote is objected to under this clause, further proceedings may be 
postponed, in which case the question is put de novo when that vote 
recurs as unfinished business. Furthermore, when such proceedings are 
postponed, the point of order that a quorum is not present is considered 
as withdrawn because no longer in order (a question not being put after 
the Speaker's announcement of postponement) (see clause 7, infra).

  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

[[Page [828]]]

the House when a quorum appears unless the Speaker chooses to recognize 
for a motion. Paragraph (c) (formerly 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. 47).
  Under this clause the Speaker may not entertain a point of order of no 
quorum when the Speaker 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. 20837; July 21, 1998, p. 16342; June 14, 2001, p. 10725). 
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 choose to recognize a Member to move a call of the House 
(Speaker O'Neill, Jan. 19, 1977, p. 1719; Jan. 31, 1977, p. 2640; Aug. 
6, 1986, p. 19370), or may choose not to do so (Sept. 30, 1997, p. 
20837), or by unanimous consent may initiate a call of the House without 
motion (Speaker Foley, Mar. 14, 1990, p. 4324) even, for example, before 
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). When one Member is already under recognition for 
debate, however, another Member may be recognized to move a call of the 
House only if the first Member yields for that purpose (July 23, 1998, 
p. 16989). For precedents addressing timeliness in raising a point of 
order of no quorum, 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, because 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 the 
Speaker has put the pending question to a vote (Oct. 28, 1987, p. 
29682).
  In adopting this rule, the House has manifested a determination 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).


[[Page [829]]]

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:
      (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 ordering the previous question on a question 
described in subdivision (A), (B), (C), or (D).
      (F) The question of agreeing to a motion to suspend the rules.

[[Page [830]]]

      (G) The question of agreeing to a motion to reconsider or the 
question of agreeing to a motion to lay on the table a motion to 
reconsider.
      (H) The question of agreeing to an amendment reported from the 
Committee of the Whole.
  (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 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 (formerly clause 5(b) of rule I) was added in the 96th 
Congress (H. Res. 5, Jan. 15, 1979, p. 7), and paragraph (a) was amended 
in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113) to 
consolidate most authority for the postponing of further proceedings on 
certain questions into this paragraph. This consolidation was 
accomplished with the addition of the authority to postpone further 
proceedings on reports from the Committee on Rules and motions to 
suspend the rules. The Speaker was granted additional authority to 
postpone further proceedings as follows: (1) the Speaker's approval of 
the Journal until later that legislative day in the 98th Congress (H. 
Res. 5, Jan. 3, 1983, p. 34); (2) motions to instruct conferees under 
clause 7(c) of rule XXII in the 101st Congress (H. Res. 5, Jan. 3, 1989, 
p. 72); (3) the original motion to instruct conferees

[[Page [831]]]

in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47); (4) ordering the 
previous question on another question that is, itself, susceptible of 
postponement (and the list was reordered) in the 104th Congress (sec. 
223(a), H. Res. 6, Jan. 4, 1995, p. 469); (5) certain questions during 
consideration of bills called from the Corrections Calendar in the 105th 
Congress (H. Res. 5, Jan. 7, 1997, p. 121), but that provision was 
stricken in the 109th Congress when the Corrections Calendar was 
repealed (sec. 2(f), H. Res. 5, Jan. 4, 2005, p. _); (6) questions 
incidental to a postponed question (and to permit the first postponed 
vote in a series to be a five-minute vote if it immediately follows a 
15-minute vote) in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47); 
(7) the question of agreeing to the motion to reconsider, the question 
of agreeing to the motion to lay on the table a motion to reconsider, 
and the question of agreeing to an amendment reported from the Committee 
of the Whole in the 109th Congress (sec. 2(i), H. Res. 5, Jan. 4, 2005, 
p. _). 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. 47). 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. 7). The House by unanimous consent authorized the Speaker to 
postpone further proceedings on a specified class of record votes to a 
date certain beyond the two legislative days permitted under this clause 
(Sept. 17, 2003, p. 22272).
  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. 7). 
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.
  The Speaker first exercised the 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 (formerly 
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 before the 106th Congress, unanimous consent is required to 
permit the Speaker to postpone such record votes (Oct. 6, 1986, p. 
28704).
  Pursuant to clause 7 of rule XX (formerly 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, because 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 the question will be put 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 (formerly clause 4 of rule XV) 
or for a ``yea

[[Page [832]]]

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 (formerly 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, the Speaker 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. 
20922).
  Following the first postponed vote on motions to suspend the rules, 
the Speaker may 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 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 
to recognize for a unanimous-consent request to reduce to five minutes 
the first vote in the series, because the bell and light system would 
not give adequate notice of the initial five-minute vote (Oct. 8, 1985, 
p. 26666; see also Sec. 1032, infra). However, before 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) (formerly 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 before the next postponed vote (Feb. 15, 1983, p. 2175). 
Because a resolution raising a question

[[Page [833]]]

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. 25961).
  For several years before the 107th Congress, special rules adopted by 
the House commonly provided the chair 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 chair 
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. 47). ``Live'' pairs still may be announced 
under clause 3 of rule XX (Sec. 1015, supra).
  Before the 106th Congress, pairs were not announced at a time other 
than that prescribed by the former rule (V, 6046), and the voting 
intentions of an absent Member were not otherwise announced by a 
colleague (VIII, 3151). Before 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 regarding 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

[[Page [834]]]

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. 47); and (5) finally (the present 
language of the rule), on any question arising without intervening 
business after an electronic vote on another question in the 108th 
Congress (sec. 2(n), H. Res. 5, Jan. 7, 2003, p. 7). Before the House 
recodified its rules in the 106th Congress, this provision was found in 
former clause 5(b) of rule XV (H. Res. 5, Jan. 6, 1999, p. 47).
  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 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; (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 (June 29, 1994, p. 15107). The Chair 
does not entertain a unanimous-consent request to reduce a vote below 
the minimum if Members have not been given sufficient notice (e.g., July 
14, 1999, p. 16008; June 23, 2004, p. _; Sept. 15, 2005, p. _; July 19, 
2007, p. _). However, the Chair may entertain such a request when 
circumstances ensure sufficient notice (June 24, 2005, p. _; June 15, 
2007, p. _). The House has by unanimous consent authorized the Speaker 
to reduce to two minutes electronic votes conducted under this clause 
(e.g., May 23, 2007, 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. 11211). A voice vote on the question of adoption of a 
resolution following

[[Page [835]]]

a 15-minute vote on ordering the previous question is not construed as 
``intervening business'' such as would preclude five-minute votes on 
certain postponed questions (Sept. 26, 2002, pp. 18096, 18097). 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. 47). The Chair announced the ordering of 
the yeas and nays under this clause on passage of a joint resolution not 
only further continuing appropriations for the current fiscal year but 
also enacting by reference six general appropriation bills (Oct. 21, 
2003, pp. 25314, 25315).

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).


[[Page [836]]]






[DOCID:hd162-79]                         

                                Rule XXI
                      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. 47).

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

[[Page [837]]]

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 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 amend

[[Page [838]]]

ments 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 Emergency 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

[[Page [839]]]

of order against such portions) and are 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 that 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 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. 47).
  Paragraph (a)(1) (formerly 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) (formerly 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.

[[Page [840]]]

  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 budget authority provided by a law other than an 
appropriation Act (see, Sec. 1052, infra). 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 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 (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 the preferential 
motion to rise and report to the Majority Leader or a 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).
  Paragraphs (e) and (f) were added in the 104th Congress (sec. 215, H. 
Res. 6, Jan. 4, 1995, p. 468). However, paragraph (e) is no longer 
effective with respect to discretionary spending because under section 
275 of the Balanced Budget and Emergency Deficit Control Act section 251 
expired on September 30, 2002. A technical correction to paragraph (f) 
was effected in the 109th Congress (sec. 2(l), H. Res. 5, Jan. 4, 2005, 
p. _).

  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 clause (VII, 1122). The following 
have been held not to be ``general appropriation bills'' within the 
purview of this clause: (1) a joint resolution providing an 
appropriation for a single Government

[[Page [841]]]

agency (Jan. 31, 1962, p. 1352); (2) a joint resolution only containing 
continuing appropriations for diverse agencies to provide funds until 
regular appropriation bills are enacted (Sept. 21, 1967, p. 26370); (3) 
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); (4) a joint resolution transferring 
funds already appropriated from one specific agency to another (Mar. 26, 
1980, p. 6716); (5) 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).
  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. 8600).
  As all bills making or authorizing appropriations require 
consideration in Committee of the Whole, it follows that the enforcement 
of the rule 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. Before the adoption of clause 1 (formerly 
clause 8) in the 104th Congress (see Sec. 1035, supra), it was necessary 
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 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, because the initial 
reservation carried over to the subsequent filing (Mar. 1, 1983, p. 
3241). In an instance in which 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 chair 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; Aug. 1, 2008, p. _). 
Clause 2(c) provides that a limitation not specifically contained in 
existing law or authorized for the period of the limitation shall not be 
in order during consideration of a general appropriation bill except as 
contemplated by

[[Page [842]]]

clause 2(d), including a requirement that it come at the end of the 
reading (Speaker Foley, Aug. 1, 1989, p. 17159; Aug. 3, 1989, p. 18546; 
June 18, 2009, p. _); 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 (e.g., July 
16, 1998, p. 15806; Sept. 4, 2003, pp. 21164, 21167, pp. 21169, 21170; 
Sept. 14, 2004, p. _; June 29, 2005, 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 that 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, pp. 14716, 14721). Where a point of order is 
sustained against the whole of a paragraph the whole must be stricken, 
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 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 before 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 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. 8595; July 22, 2003, p. 18984). 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

[[Page [843]]]

order against specific portions have been sustained and an amendment to 
the paragraph has been offered (June 27, 1974, pp. 21670-72).
  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. 1058, infra. 

  To <> resolve an ambiguity when ruling on a point of order, 
the Chair may: (1) examine legislative history established during debate 
on an amendment against which a point of order has been reserved (June 
14, 1978, p. 17651); (2) inquire after its author's intent (Oct. 29, 
1991, p. 28818); or (3) examine the accompanying report to determine the 
intent of the section (June 25, 2004, p. _).
  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. 
12123). Thus, the burden of proving the authorization for appropriations 
carried in a bill, or that the language in the bill constitutes a valid 
limitation that does not change existing law, falls on the proponents 
and managers of the bill (May 28, 1968, p. 15357; Nov. 30, 1982, p. 
28062; June 25, 2004, p. _). By the same token, the proponent of an 
amendment has the burden of proof to show that an appropriation 
contained in an amendment is authorized by law (e.g., 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) or that the amendment 
constitutes a valid limitation (July 17, 1975, p. 23239; June 16, 1976, 
p. 18666; July 18, 1995, p. 19357; June 24, 2003, pp. 15858, 15859). For 
example, the proponent of a provision in the bill or of an amendment, as 
the case may be, has the burden to show the following: (1) that any 
duties imposed by a limitation are merely ministerial or already 
required under existing law (July 16, 1998, p. 15829); (2) in the case 
of language proposing a double-negative, that the object of the double-
negative is specifically contemplated by existing law (July 23, 2003, 
pp. 19250-51, pp. 19251-53; see Sec. 1053, infra); (3) that the 
amendment does not increase levels of budget authority or outlays within 
the meaning of clause 2(f) (e.g., Oct. 11, 2001, pp. 19368, 19369; see 
also July 13, 2004, p. _, p. _ and May 25, 2006, p. _, where the Chair 
sustained the point of order in part because the manager's averment that 
the amendment increased outlays went unchallenged); (4) if the language 
is suscep

[[Page [844]]]

tible to more than one interpretation, that it merits the construction 
that it does not violate the rule (Deschler, ch. 26, Sec. 22.26), 
although 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 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 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 a 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).

  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)) before 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 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 (Sept. 19, 1983, p. 24647 
(sustained on appeal)). An amendment not only reducing an amount in a 
paragraph of an appropriation bill but also limiting expenditure of 
those funds on a particular

[[Page [845]]]

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 (June 18, 1991, p. 15214; 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 takes 
precedence over the motion to amend under clause 9 of rule XVIII 
(formerly clause 7 of rule XXIII) and also over the motion to rise and 
report under clause 2(d) (July 24, 1986, p. 17641).
  The 109th Congress adopted a resolution creating a point of order 
against the motion to rise and report an appropriation bill to the House 
where the bill, as proposed to be amended, exceeded an applicable 
allocation of new budget authority under section 302(b) of the 
Congressional Budget Act of 1974, and setting forth procedures in the 
Committee of the Whole in the event that the point of order was 
sustained (sec. 2, H. Res. 248, Apr. 28, 2005, p. _). The 110th and 
111th Congresses adopted the same procedure (sec. 511(a)(5), H. Res. 6, 
Jan. 4, 2007, p. _ (adopted Jan. 5, 2007); sec. 3(a)(4), H. Res. 5, Jan. 
6, 2009, p. _), to wit:

  Sec. 3. (a)(4)(A) During the One Hundred Eleventh Congress, except as 
provided in subsection (C), a motion that the Committee of the Whole 
rise and report a bill to the House shall not be in order if the bill, 
as amended, exceeds an applicable allocation of new budget authority 
under section 302(b) of the Congressional Budget Act of 1974, as 
estimated by the Committee on the Budget.
  (B) If a point of order under subsection (A) is sustained, the Chair 
shall put the question: `Shall the Committee of the Whole rise and 
report the bill to the House with such amendments as may have been 
adopted notwithstanding that the bill exceeds its allocation of new 
budget authority under section 302(b) of the Congressional Budget Act of 
1974?'. Such question shall be debatable for 10 minutes equally divided 
and controlled by a proponent of the question and an opponent but shall 
be decided without intervening motion.
  (C) Subsection (A) shall not apply--
          (i) to a motion offered under clause 2(d) of rule XXI; or
          (ii) after disposition of a question under subsection (B) on a 
        given bill.
  (D) If a question under subsection (B) is decided in the negative, no 
further amendment shall be in order except--
          (i) one proper amendment, which shall be debatable for 10 
        minutes equally divided and controlled by the proponent and an 
        opponent, shall not be subject to amendment, and shall not be 
        subject to a de

[[Page [846]]]

        mand for division of the question in the House or in the 
        Committee of the Whole; and
          (ii) pro forma amendments, if offered by the chair or ranking 
        minority member of the Committee on Appropriations or their 
        designees, for the purpose of debate.

  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 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 sufficient 
authorization by law for appropriations in a general appropriation bill 
for compensation of particular private property owners (July 18, 2001, 
pp. 13662-65; cf. VII, 1144).
  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 that 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 appro

[[Page [847]]]

priation 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), cooperation with 
State investigations (IV, 3650; VII, 1301, 1302), 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 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. 11936; Nov. 28, 2001, pp. 23239, 23240) or from the Airport 
and Airway Trust Fund (e.g., Sept. 14, 2004, p. _; June 29, 2005, p. _). 
A paragraph providing funds for the President to meet ``unanticipated 
needs'' was held unauthorized (July 16, 1998, p. 15808). 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). Similarly, an amendment limiting funds to the 
extent provided in authorizing legislation on or after the date of 
enactment of the pending appropriation bill is not in order (May 19, 
2005, 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. 18197). 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

[[Page [848]]]

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'' (or ``not to exceed'') a certain amount be made available to a 
program requires an authorization (June 21, 1988, p. 15440; July 12, 
2000, p. 14070; July 13, 2000, p. 14084; July 25, 2007, p. _).
  Pursuant to clause 11(i) of rule X (formerly 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 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 was construed not 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

[[Page [849]]]

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). Language in an appropriation 
bill precluding funds for projects not authorized by law or beyond the 
amount authorized was held to limit expenditures to authorized projects 
and was not legislation (Deschler, ch. 25, Sec. 2.18).

  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, p. 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. 3307) 
specifically prohibits the making of an appropriation to construct or 
alter any public building involving more than a certain amount of money 
unless approved by the House and Senate Public Works Committees, an 
appropriation for such purposes not authorized by both committees is out 
of order notwithstanding the ``works in progress'' exemption, because 
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 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). ``Public works and objects already in 
progress'' include tangible matters like buildings, roads, etc., but 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).

[[Page [850]]]

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, p. 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) as 
have additions to existing buildings in cases in which 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

[[Page [851]]]

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). Although 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; June 9, 2006, p. _); 
(2) permitting funds to be available immediately upon enactment before 
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 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, pp. 19228, 19229).
  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 budget authority provided in 
law other than appropriations acts, such as contract authority (e.g., 
Sept. 22, 1993, p. 22138; May 15, 1997, p. 8510; July 23, 1997, p. 
15353; July 29, 1998, p. 17956) or a loan guarantee program (July 13, 
2004, p. _). Similarly, a provision canceling funds under the Farm 
Security and Rural Investment Act of 2002 was held to be legislation 
(June 16, 2004, p. _). A provision constituting congressional 
disapproval of a deferral of budget authority proposed by the President 
pursuant to the Impoundment Control Act of 1974 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).
  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,

[[Page [852]]]

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 (or so designated under provisions of a budget 
resolution) is fundamentally legislative in character (e.g., Sept. 8, 
1999, pp. 20900; June 19, 2000, pp. 11294-97 (sustained on appeal); June 
20, 2001, p. 11224; Oct. 16, 2003, pp. 24962, 24963; Mar. 15, 2005, p. _ 
(sustained on appeal)). 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).
  Language in an appropriation bill precluding funds for projects not 
authorized by law or beyond the amount authorized has been held in order 
as simply limiting expenditures to authorized projects (Deschler, ch. 
25, Sec. 2.18). However, an amendment limiting funds to the extent 
provided for in authorizing legislation on or after the date of 
enactment of the pending appropriation bill is not in order (May 19, 
2005, p. _).
  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. 10509). 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), nor contracts 
authorized (IV, 3868-3870; May 14, 1937, p. 4595).
  An amendment to a general appropriation bill stating a legislative 
position constitutes legislation (July 24, 2001, pp. 14349, 14351) as 
does one establishing a select committee (Mar. 16, 2006, p. _) or a 
trust fund in the Treasury (June 9, 2006, 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 for part of the purpose while 
appropriating for the remainder of it (IV, 3936; VII, 1595). Paragraph 
(c) prohibits consideration of limitation amendments during the reading 
of the bill by paragraph unless specifically authorized by existing law 
for the period of the limitation, even if the amendment is expanding a 
limitation already in the bill (July 23, 2003, p. 19238).

[[Page [853]]]

  A limitation may provide 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 although 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, pp. 13683, 13684).
  The limitation must apply solely to the money of the appropriation 
under consideration (VII, 1597, 1600, 1720; Feb. 26, 1958, p. 2895). For 
example, a limitation on funds: (1) may not apply 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); (2) 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 year does not justify its inclusion in the pending annual bill 
(Sept. 22, 1983, p. 25406, June 26, 2000, p. 12355).

[[Page [854]]]

  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; July 15, 2004, p. _). 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. 
13109).
  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, pp. 22006-07).
  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, pp. 
19250-53). 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, pp. 19250-51, pp. 19251-53). 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, pp. 19250-51); (3) 
an amendment to limit funds to prohibit the establishment of an 
independent commission not contemplated by existing law (July 23, 2003, 
pp. 19251-53).
  It is not in order, even by language in the form of a limitation, to 
restrict the discretionary authority conferred by law to administer the 
expenditure of appropriated funds, 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 obligation 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

[[Page [855]]]

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, 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. 13605).

  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, 18655; June 27, 1994, p. 
14572), even in cases in which 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.
  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) require a judgment as to 
whether racial imbalance had been overcome (July 31, 1969, pp. 21653, 
21675); (4) 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); (5) require new determinations of full Federal compliance with 
mandates imposed upon States (July 22, 1981, p. 16829); (6)

[[Page [856]]]

require the evaluation of the theoretical basis of a program (July 22, 
1981, p. 16822); (7) 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); (8) incorporate by 
reference determinations already made in administrative processes not 
affecting programs funded by the bill (Oct. 6, 1981, p. 23361); (9) 
require new determinations of rates of interest payable (July 29, 1982, 
p. 18624; Dec. 9, 1982, p. 29691); (10) require a determination of 
whether the Office of Management and Budget interfered with the 
rulemaking authority of a regulatory agency (Nov. 30, 1982, p. 28062); 
(11) authorize the President to reduce each appropriation in the bill by 
not more than 10 percent (May 31, 1984, p. 14617; June 6, 1984, p. 
15120); (12) apply standards of conduct to foreign entities where 
existing law requires such conduct only by domestic entities (July 17, 
1986, p. 16951); (13) require the enforcement of a standard where 
existing law only requires inspection of an area (July 30, 1986, p. 
18189); (14) prohibit the availability of funds for the purchase of 
``nondomestic'' goods and services (Sept. 12, 1986, p. 23178); (15) 
mandate contractual provisions (May 18, 1988, p. 11389); (16) 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); 
(17) 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); (18) 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); (19) require an agency to investigate and determine whether 
private airports are collecting certain fees for each enplaning 
passenger (Sept. 23, 1993, p. 22213); (20) 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. 19045); (21) require an agency to determine 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. 15816); (22) require 
a determination of ``successor agency'' status (Sept. 26, 1997, p. 
20347); (23) require a determination whether a delegate or envoy to the 
United Nations has ``advocated'' the adoption of a certain convention 
(June 26, 2000, p. 12355); (24) require tests or reports not required 
under existing law (May 19, 2000, p. 8616) or require all quarterly and 
annual reports required by law in accordance with standards for reports 
under a specified law not otherwise applicable (Sept. 9, 2003, pp. 
21548, 21549); (25) 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. 9849); (26) require an 
investigation of the conscription requirements of other nations (July 
13, 2000, p. 14121); (27) require a determination whether ``efforts'' 
have been made to change any nation's

[[Page [857]]]

laws regarding abortion, family planning, or population control (July 
13, 2000, p. 14130); (28) 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, pp. 13001-03); (29) 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, pp. 13693, 13694); (30) require an 
investigation into whether an applicant for immigration has been 
involved in the harvesting of organs (July 18, 2001, pp. 13702-05); (31) 
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, pp. 11788, 11789); (32) require the examination of certain 
legislative reports to determine whether an entity is specifically 
identified by name (July 17, 2002, pp. 13365, 13366); (33) require 
several agencies to process certain information where current law 
required only one specific agency to process that information (June 24, 
2003, p. _); (34) 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, pp. 18628-31); (35) require a 
determination that certain trade agreements achieved generic undefined 
policy goals that were not set forth in existing law (July 23, 2003, pp. 
19156-58); (36) require a determination that a drug has been prescribed 
``for the purpose of relieving or managing pain'' (July 7, 2004, p. _); 
(37) require a determination as to the date on which various road 
construction projects in a National Forest were commenced within the 
periods in which they were authorized to commence (May 19, 2005, p. _); 
(38) require the Food and Drug Administration to examine a registry of 
clinical trials maintained by the National Institutes of Health, a 
different entity (June 8, 2005, p. _) or require the administrator of 
the Low-Income Home Energy Assistance Program to determine whether a 
federal prohibition on certain mineral exploration (administered by a 
different federal entity) remained in effect (Mar. 15, 2006, p. _); (39) 
require a determination regarding a specific type of employment behavior 
before initiating an employment investigation (June 8, 2005, p. _); (40) 
require a determination as to whether a local educational agency had 
obtained parental consent before providing military recruiters student 
information (June 24, 2004, p. _); (41) in the case of a limitation on 
the enforcement of a regulation against a specified class, require a 
determination as to whether a person is a member of that class (June 30, 
2005, p. _); (42) prescribe a policy for an agency in the distribution 
of grants (June 6, 2006, p. _); (43) require determinations of 
citizenship based on birth (June 6, 2006, p. _). The fact that an 
executive official may have been directed by an Executive Order to 
consult another executive official before taking an action does not 
permit inclusion of language directing

[[Page [858]]]

the official being consulted to make determinations not specifically 
required by law (July 22, 1980, p. 19087).
  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 such 
official 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 
determining payment levels (June 18, 1980, p. 15355); (4) denying the 
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. 15751); (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) or for the plan, 
design, study, or construction of roads in a specified forest for the 
purpose of private timber harvest (June 26, 2007, p. _) unless also 
requiring a determination of the date a given road project commenced 
(May 19, 2005, p. _); (10) denying the use of funds to eliminate an 
existing legal requirement for sureties on custom bonds (June 27, 1984, 
p. 19101); (11) denying the use of funds by any Federal official in any 
manner that would prevent a provision of existing law (relating to 
import restrictions) from being enforced (June 27, 1984, p. 19101); (12) 
denying the 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 the use of funds for specified 
Federal departments to file cer

[[Page [859]]]

tain motions in specified civil actions (all matters of public record in 
the litigation and therefore available to responsible intervening 
Federal officials) (July 18, 2001, pp. 13683, 13684); (14) denying the 
use of funds in contravention of a cited statute (May 17, 2005, p. _; 
June 6, 2006, 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, because 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 
commonly make such determinations (June 17, 1977, p. 1969; June 30, 
1993, p. 14871; July 16, 1998, p. 15828). 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,'' 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 in which 
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, because 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. 15829). 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. 15841). 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 
because 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

[[Page [860]]]

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 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. 14493; July 24, 1997, p. 15758).

  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 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); (3) making the availability of 
funding in the bill contingent on the funding of a separate provision of 
law (Mar. 15, 2006, p. _); and (4) changing a permanent appropriation in 
existing law to restrict its avail

[[Page [861]]]

ability 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. 19079).
  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, p. 
16087); (2) a substantive determination by a State or local government 
official or agency that is not otherwise required by existing law (July 
25, 1985, p. 20569); (3) the Selective Service Administration to issue 
regulations to bring its classifications into conformance with a Supreme 
Court decision (July 20, 1989, p. 15405); (4) a change in a rule of the 
House (IV, 3819); (5) an agency to submit all quarterly and annual 
reports required by law in accordance with standards for reports under a 
specified law not otherwise applicable (Sept. 9, 2003, p. 21548); (6) 
compliance with a law not otherwise applicable (Sept. 4, 2003, p. 
21213).

  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

[[Page [862]]]

legislation (June 21, 2000, p. 11773). 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 the 
renter 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 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 as it would require 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 (e.g., Nov. 13, 1975, p. 36271; June 20, 1996, p. 
14847; May 19, 2000, p. 8600), 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; Mar. 16, 2006, p. _ (sustained on 
appeal)).
  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).
  It is in order by way of limitation to deny the use of funds for 
implementation of the following: (1) an Executive Order, which was 
precisely described

[[Page [863]]]

in the amendment (Mar. 16, 1977, p. 7748); (2) a regulation, which was 
promulgated pursuant to court order and constitutional provisions--the 
authority for the regulation being an argument on the merits of the 
amendment and not rendering it legislative in nature (Aug. 19, 1980, pp. 
21981-84); (3) a ruling of the Internal Revenue Service that taxpayers 
are not entitled to certain charitable deductions because 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); (4) changes 
to a set of overtime compensation regulations in existence on a given 
date (with a certain nonlegislative exception) because they did not 
require the Department to administer superseded regulations (Sept. 4, 
2004, p. _).
  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 (see, e.g., 
Sept. 8, 1999, pp. 20896-98; June 24, 2003, p. 15831 (sustained on 
appeal); July 10, 2003, p. 17535, p. 17576).

  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), or requires 
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) (including by stating that not less than a 
certain sum ``should be allocated'' (June 9, 2006, p. _)), or earmarks 
appropriated funds to the arts and requires 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, 
because 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,

[[Page [864]]]

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. 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. 13475; July 13, 2000, p. 
14093; June 26, 2007, 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. 19513).
  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, p. 14746; Sept. 17, 1998, p. 20818; June 27, 2007, 
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. 14747). 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 because 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. 15250).

[[Page [865]]]

  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, pp. 16284, 16291). 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). 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. 14092); (4) an amendment to a legislative 
provision extending the availability of certain housing assistance to 
certain recipients (June 13, 2006, p. _).
  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. 18934). To a legislative provision permitted to remain that 
excepted from a denial of funds for abortions cases in which the life of 
the mother would be endangered if a fetus were carried to term, an 
amendment excepting instead cases in which the health of the mother 
would be endangered if the fetus were carried to term was held not to 
constitute further legislation, because 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 despite 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

[[Page [866]]]

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 in which 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 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.

[[Page [867]]]

1, 1975, p. 31058). An amendment to a general appropriation bill denying 
the availability of funds to certain recipients but requiring 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, because 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 because not specifically requiring a new determination and because 
constituting a retrenchment 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 
Federal Treasury from one-half, as provided in the bill, to one-fourth 
of the entire appropriation is in order, because 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

[[Page [868]]]

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 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 
that 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 that involved

[[Page [869]]]

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. 47), 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).
  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) (formerly 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 that 
are available for the current fiscal year available for certain new 
purposes was held out of order under clause 2(a)(2) because 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, because 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).

[[Page [870]]]

  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; June 9, 
2006, p. _). 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. 19513; 
July 12, 2000, p. 14071; July 13, 2004, pp. _, _); and the proponent of 
an amendment carries the burden of so proving (see Sec. 1044a, supra). 
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. 19513). The 
Chair will query for points of order against provisions of a bill not 
yet read when they are addressed by an offsetting amendment under this 
paragraph (e.g., May 17, 2005, p. _).

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 8003 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for 
Users, as adjusted, for the highway category or the mass transit 
category, as applicable. For purposes of this clause, any obligation 
limitation relating to surface transportation projects under section 
1602 of the Transportation Equity Act for the 21st Century and section 
1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users 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

[[Page [871]]]

States to decide High Priority Project funding priorities within State 
program allocations.

  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. 47). In the 109th Congress the 
first sentence of this clause was amended to conform the rule to the 
current law authorizing funds for highway and transit programs, and a 
second sentence was added (sec. 8004, Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), 
P.L. 109-59; 2 U.S.C. 901 note). The second sentence was derived from 
the following provision of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act, 1999 (sec. 108, div. C, P.L. 105-277; 
112 Stat. 2681-586): ``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.'' Section 8005 of SAFETEA-LU states as follows: ``For 
purposes of clauses 2 and 3 of rule XXI of the House of Representatives, 
it shall be in order to transfer funds, in amounts specified in annual 
appropriation Acts to carry out the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users (including the 
amendments made by that Act), from the Federal Transit Administration's 
administrative expenses account to other mass transit budget accounts 
under section 250(c)(4)(C) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.'' An amendment limiting funds for a transportation 
project (1) that was part of an aggregate, annual level of obligation 
limitations set forth in section 8003 of SAFETEA-LU, (2) that was not 
covered by the ``past practice'' assumption, and (3) the funding for 
which could not be redirected elsewhere in the program, was held to 
cause an obligation limitation to be below the funding level required by 
this clause (June 14, 2006, p. _).
  Section 48114 <> of 
title 49 (a provision first added by the Wendell H. Ford Aviation 
Investment and Reform Act for the 21st Century (sec. 106, P.L. 106-181), 
and extended to 2007 by its reenactment in title 49 (sec. 104, P.L. 108-
176)) provides a point of order to enforce guarantees of total budget 
resources in a fiscal year for certain aviation investment programs as 
follows:

Sec. 48114. 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

[[Page [872]]]

                through fiscal year 2007 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.
          (2) Additional authorizations of appropriations from the 
        general fund.--In any fiscal year through fiscal year 2007, 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 
        title and for which appropriations are provided pursuant to 
        authorizations contained in this title:
                  (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 appropria

[[Page [873]]]

        tion (or any amendment thereto) for any fiscal year through 
        fiscal year 2007 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 chairs 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. 2805).

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. 47), 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 (except as 
applied through clause 5 of rule XXII) (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 amend

[[Page [874]]]

ment 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 
because the committees having jurisdiction over 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 that 
has been taken away from a nonappropriating committee by a motion to 
discharge (VII, 1019a). 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 an amendment containing an 
appropriation, because 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 before its adoption (Apr. 23, 1975, pp. 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, because 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, because 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).

[[Page [875]]]

  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, because 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 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, resolution, or 
amendment

[[Page [876]]]

that 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 acts (see Sec. 1127, supra). See also Deschler, ch. 25, 
Sec. 4 for a discussion of appropriations on legislative bills 
generally.

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. 7). 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. 47).
  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 
chair 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

[[Page [877]]]

a manner consistent with this paragraph (Jan. 3, 1991, p. 64 (reiterated 
at the beginning of each Congress, e.g., Jan. 4, 1995, p. 551; Jan. 3, 
2001, p. 39)):
          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 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

[[Page [878]]]

        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 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. 12). Under that standard the following 
amendments to a general appropriation bill have been held to impose a 
limitation on funds in violation of this clause: (1) a limitation on 
funds to assess or collect any tax liability attributable to the 
inclusion of certain economic assistance in the taxpayer's gross income 
(Sept. 9, 2003, p. 21531); (2) a limitation on funds to process the 
importation of any product from Iran (June 18, 2004, p. _); (3) a 
limitation on funds for the accession of the Russian Federation into the 
World Trade Organization, thereby effecting changes to that country's 
products under domestic tariff law (June 28, 2006, p. _).
  The precedents developed under this clause before its change in the 
108th Congress 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

[[Page [879]]]

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 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 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 
remain

[[Page [880]]]

ing 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 
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 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 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 and Technology), 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), 
as were amendments to a general appropriation bill proposing in part to 
temper recently enacted reductions in rates of tax on income (July 10, 
2003, p. 17535, p. 17576).

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

[[Page [881]]]

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 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. 47). 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). The modified version of this 
paragraph comprises three elements (an amendment to a pertinent section 
of the Internal Revenue Code of 1986, the imposition of a new rate of 
tax thereunder, and an increase in the amount of tax thereby imposed) 
and a measure that does not fulfill even the first element does not 
carry a Federal income tax rate increase (Jan. 18, 2007, p. _ (sustained 
by tabling of appeal)). This paragraph does not apply to a concurrent 
resolution (Speaker Gingrich, May 18, 1995, p. 13499). A resolution 
reported from the Committee on Rules rendering this paragraph 
inapplicable 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 rendering this paragraph inapplicable (Oct. 26, 1995, p. 29477).


[[Page [882]]]


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. 47).

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. 25).



[[Page [883]]]


   <> 7. It 
shall not be in order to consider a concurrent resolution on the budget, 
or an amendment thereto, or a conference report thereon that contains 
reconciliation directives under section 310 of the Congressional Budget 
Act of 1974 that specify changes in law reducing the surplus or 
increasing the deficit for either period described in clause 10(a). In 
determining whether reconciliation directives specify changes in law 
reducing the surplus or increasing the deficit, the sum of the 
directives for each reconciliation bill (under section 310 of the 
Congressional Budget Act of 1974) envisioned by that measure shall be 
evaluated.

  This clause was added in the 110th Congress (sec. 402, H. Res. 6, Jan. 
4, 2007, p. _ (adopted Jan. 5, 2007)) and amended in the 111th Congress 
to reflect a change in the time periods in clause 10(a)(1) (sec. 2(j), 
H. Res. 5, Jan. 6, 2009, p. _).

   <> 8. With respect to 
measures considered pursuant to a special order of business, points of 
order under title III of the Congressional Budget Act of 1974 shall 
operate without regard to whether the measure concerned has been 
reported from committee. Such points of order shall operate with respect 
to (as the case may be)--
      (a) the form of a measure recommended by the reporting committee 
where the statute uses the term ``as reported'' (in the case of a 
measure that has been so reported);

[[Page [884]]]

      (b) the form of the measure made in order as an original bill or 
joint resolution for the purpose of amendment; or
      (c) the form of the measure on which the previous question is 
ordered directly to passage.

  This clause was added in the 110th Congress (sec. 403, H. Res. 6, Jan. 
4, 2007, p. _ (adopted Jan. 5, 2007)).

  9. (a) It shall not be in order to consider--
      (1) a <> bill or joint 
resolution reported by a committee unless the report includes a list of 
congressional earmarks, limited tax benefits, and limited tariff 
benefits in the bill or in the report (and the name of any Member, 
Delegate, or Resident Commissioner who submitted a request to the 
committee for each respective item included in such list) or a statement 
that the proposition contains no congressional earmarks, limited tax 
benefits, or limited tariff benefits;
      (2) a bill or joint resolution not reported by a committee unless 
the chair of each committee of initial referral has caused a list of 
congressional earmarks, limited tax benefits, and limited tariff 
benefits in the bill (and the name of any Member, Delegate, or Resident 
Commissioner who submitted a request to the committee for each 
respective item included in such list) or a statement that the 
proposition contains no congressional earmarks, limited tax benefits, or 
limited tariff benefits to be printed in the Congressional Record prior 
to its consideration;

[[Page [885]]]

      (3) an amendment to a bill or joint resolution to be offered at 
the outset of its consideration for amendment by a member of a committee 
of initial referral as designated in a report of the Committee on Rules 
to accompany a resolution prescribing a special order of business unless 
the proponent has caused a list of congressional earmarks, limited tax 
benefits, and limited tariff benefits in the amendment (and the name of 
any Member, Delegate, or Resident Commissioner who submitted a request 
to the proponent for each respective item included in such list) or a 
statement that the proposition contains no congressional earmarks, 
limited tax benefits, or limited tariff benefits to be printed in the 
Congressional Record prior to its consideration; or
      (4) a conference report to accompany a bill or joint resolution 
unless the joint explanatory statement prepared by the managers on the 
part of the House and the managers on the part of the Senate includes a 
list of congressional earmarks, limited tax benefits, and limited tariff 
benefits in the conference report or joint statement (and the name of 
any Member, Delegate, Resident Commissioner, or Senator who submitted a 
request to the House or Senate committees of jurisdiction for each 
respective item included in such list) or a statement that the 
proposition contains no congressional earmarks, limited tax benefits, or 
limited tariff benefits.

[[Page [886]]]

  (b) It shall not be in order to consider a conference report to 
accompany a regular general appropriation bill unless the joint 
explanatory statement prepared by the managers on the part of the House 
and the managers on the part of the Senate includes--
      (1) a list of congressional earmarks, limited tax benefits, and 
limited tariff benefits in the conference report or joint statement (and 
the name of any Member, Delegate, Resident Commissioner, or Senator who 
submitted a request to the House or Senate committees of jurisdiction 
for each respective item included in such list) that were neither 
committed to the conference committee by either House nor in a report of 
a committee of either House on such bill or on a companion measure; or
      (2) a statement that the proposition contains no such 
congressional earmarks, limited tax benefits, or limited tariff 
benefits.
  (c) It shall not be in order to consider a rule or order that waives 
the application of paragraph (a) or (b). As disposition of a point of 
order under this paragraph or paragraph (b), the Chair shall put the 
question of consideration with respect to the rule or order or 
conference report, as applicable. The question of consideration shall be 
debatable for 10 minutes by the Member initiating the point of order and 
for 10 minutes by an opponent, but shall otherwise be decided without 
intervening motion except one that the House adjourn.

[[Page [887]]]

  (d) In order to be cognizable by the Chair, a point of order raised 
under paragraph (a) may be based only on the failure of a report, 
submission to the Congressional Record, or joint explanatory statement 
to include a list required by paragraph (a) or a statement that the 
proposition contains no congressional earmarks, limited tax benefits, or 
limited tariff benefits.
  (e) For the purpose of this clause, the term ``congressional earmark'' 
means a provision or report language included primarily at the request 
of a Member, Delegate, Resident Commissioner, or Senator providing, 
authorizing or recommending a specific amount of discretionary budget 
authority, credit authority, or other spending authority for a contract, 
loan, loan guarantee, grant, loan authority, or other expenditure with 
or to an entity, or targeted to a specific State, locality or 
Congressional district, other than through a statutory or administrative 
formula-driven or competitive award process.
  (f) For the purpose of this clause, the term ``limited tax benefit'' 
means--
      (1) any revenue-losing provision that--
          (A) provides a Federal tax deduction, credit, exclusion, or 
preference to 10 or fewer beneficiaries under the Internal Revenue Code 
of 1986, and
          (B) contains eligibility criteria that are not uniform in 
application with respect to potential beneficiaries of such provision; 
or
      (2) any Federal tax provision which provides one beneficiary 
temporary or permanent tran

[[Page [888]]]

sition relief from a change to the Internal Revenue Code of 1986.
  (g) For the purpose of this clause, the term ``limited tariff 
benefit'' means a provision modifying the Harmonized Tariff Schedule of 
the United States in a manner that benefits 10 or fewer entities.

  This clause was added in the 110th Congress (sec. 404, H. Res. 6, Jan. 
4, 2007, p. _ (adopted Jan. 5, 2007)), a similar point of order having 
operated during part of the 109th Congress (H. Res. 1000, Sept. 14, 
2006, p. _). Paragraph (b) was added in the 111th Congress (and 
subsequent paragraphs redesignated) (sec. 2(i), H. Res. 5, Jan. 6, 2009, 
p. _), a similar point of order having operated during part of the 110th 
Congress (H. Res. 491, June 18, 2007, p. _). A clarifying change to 
paragraph (b)(2) was made during the 111th Congress (sec. 2, H. Res. 
544, June 16, 2009, p. _). A gender-based reference was eliminated in 
the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _).
  A point of order under this clause does not lie against an unreported 
measure where the chair of the committee of initial referral has printed 
in the Record a statement that the measure contains no congressional 
earmarks, limited tax benefits, or limited tariff benefits (Jan. 31, 
2007, p. _ (sustained by tabling of appeal)), or against a reported 
measure where the committee report contains such a statement (May 10, 
2007, p. _; May 23, 2007, p. _). Paragraph (d) requires that a point of 
order under this clause be predicated only on the absence of a complying 
statement, and does not contemplate a question of order relating to the 
content of such statement (May 10, 2007, p. _). A point of order under 
this clause is untimely after consideration has begun (Mar. 23, 2007, p. 
_). Because paragraph (a) does not apply to a Senate amendment or an 
amendment considered as adopted pursuant to a special order of business, 
a rule waiving all points of order against a motion to dispose of a 
Senate amendment (Sept. 25, 2007, p. _ (sustained by tabling of appeal)) 
or a rule effecting a ``self-executing'' amendment (Sept. 27, 2007, p. 
_)) has no tendency to waive the applicability of paragraph (a) within 
the meaning of paragraph (c).
  Debate on the point of order is on the question of considering the 
measure that is the subject of the point of order (May 14, 2008, _). A 
point of order under both this clause and section 426 of the 
Congressional Budget Act, respectively, may be raised against a special 
order of business (May 14, 2008, p. _).

---
[[Page [889]]]


   <> 10. (a)(1) Except as 
provided in paragraphs (b) and (c), it shall not be in order to consider 
any bill, joint resolution, amendment, or conference report if the 
provisions of such measure affecting direct spending and revenues have 
the net effect of increasing the deficit or reducing the surplus for 
either the period comprising--
      (A) the current fiscal year, the budget year set forth in the most 
recently completed concurrent resolution on the budget, and the four 
fiscal years following that budget year; or
      (B) the current fiscal year, the budget year set forth in the most 
recently completed concurrent resolution on the budget, and the nine 
fiscal years following that budget year.
  (2) The effect of such measure on the deficit or surplus shall be 
determined on the basis of estimates made by the Committee on the Budget 
relative to baseline estimates supplied by the Congressional Budget 
Office consistent with section 257 of the Balanced Budget and Emergency 
Deficit Control Act of 1985.
  (b) If a bill, joint resolution, or amendment is considered pursuant 
to a special order of the House directing the Clerk to add as new matter 
at the end of such measure the provisions of a separate measure as 
passed by the House, the provisions of such separate measure as passed 
by the House shall be included in the evaluation under paragraph (a) of 
the bill, joint resolution, or amendment.

[[Page [890]]]

  (c)(1) Except as provided in subparagraph (2), the evaluation under 
paragraph (a) shall exclude a provision expressly designated as an 
emergency for purposes of pay-as-you-go principles in the case of a 
point of order under this clause against consideration of--
      (A) a bill or joint resolution;
      (B) an amendment made in order as original text by a special order 
of business;
      (C) a conference report; or
      (D) an amendment between the Houses.
  (2) In the case of an amendment (other than one specified in 
subparagraph (1)) to a bill or joint resolution, the evaluation under 
paragraph (a) shall give no cognizance to any designation of emergency.
  (3) If a bill, a joint resolution, an amendment made in order as 
original text by a special order of business, a conference report, or an 
amendment between the Houses includes a provision expressly designated 
as an emergency for purposes of pay-as-you-go principles, the Chair 
shall put the question of consideration with respect thereto.

  Paragraph (a) was added in the 110th Congress (sec. 405, H. Res. 6, 
Jan. 4, 2007, p. _ (adopted Jan. 5, 2007)). Paragraph (a) was amended, 
and paragraphs (b) and (c) were added, in the 111th Congress (sec. 2(j), 
H. Res. 5, Jan. 6, 2009, p. _).
  The Chair is authoritatively guided by estimates from the Committee on 
the Budget as to the net effect of a provision on the relevant surplus 
or deficit (Dec. 12, 2007, p. _). Spending provided by appropriation 
acts does not constitute ``direct spending'' for purposes of paragraph 
(a) (May 15, 2008, p. _). The Committee on the Budget is required to use 
the baseline prescribed by paragraph (a) in providing estimates for the 
Chair, but the Chair will not advise which baseline was used for 
purposes of consideration of a given concurrent resolution on the budget 
(May 14, 2008, p.

[[Page [891]]]

_). Under paragraph (c), the Chair puts the question of consideration 
before the House resolves into the Committee of the Whole on a bill 
containing an emergency declaration (Jan. 26, 2009, p. _).




[DOCID:hd162-80]                         

                                Rule XXII
                       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 
(formerly clause 1 of rule XX) (H. Res. 5, Jan. 6, 1999, p. 47). 
Technical changes were effected in the 108th Congress (sec. 2(u), H. 
Res. 5, Jan. 7, 2003, p. 7).
  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). However, a committee receiving sequential 
referral of a bill or not reporting thereon need not authorize the 
motion (Oct. 4, 1994, p. 27643). This clause was recodified in the 106th 
Congress to reflect this practice (H. Res. 5, Jan. 6, 1999, p. 47). On a 
Senate bill with

[[Page [892]]]

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. 22944). 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 chair to make the motion (Deschler-Brown, 
ch. 33, Sec. 2.13). The motion to send to conference is in order only if 
the Speaker chooses to recognize for that purpose, and the Speaker will 
not recognize for the motion where there has been referred a nongermane 
Senate amendment to a House committee with jurisdiction and they have 
not yet had the opportunity to consider the amendment (June 28, 1984, p. 
19770). Under clause 2(a)(3) of rule XI, a committee may adopt a rule 
providing that the chair be directed to offer a motion under this clause 
whenever the chair considers it appropriate (Sec. 791, supra).

  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 (formerly clause 2 
of rule XXIV). When the House recodified its rules in the 106th 
Congress, all provisions of former clause 2 of rule XXIV except this one 
were transferred to clause 2 of rule XIV (H. Res. 5, Jan. 6, 1999, p. 
47). 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 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 (formerly clause 1 
of rule XX) (H. Res. 5, Jan. 6, 1999, p. 47).

[[Page [893]]]

  Although <> a Senate amendment that is merely a 
modification of a House proposition, such as 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 that 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 an 
amendment is offered in the House to provide an appropriation for 
another purpose than that of the Senate amendment, the House resolves 
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 on which a separate vote is demanded 
are voted on severally (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 after the House has disagreed thereto and 
the amendments have been reported from conference in disagreement to 
raise a point of order that Senate amendments should have been 
considered in Committee of the Whole (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).
  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

[[Page [894]]]

House amendment with a further amendment, the matter was privileged in 
the House for further disposition because 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 current practice, which is described in 
Sec. 1074, supra (H. Res. 5, Jan. 6, 1999, p. 47).

  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--
      (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. 47).

[[Page [895]]]

  Although 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 from 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 unauthorized, because 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

[[Page [896]]]

clause applies only to language in Senate amendments. Thus the conferees 
may without violating this clause agree to language in a Senate bill 
that 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 
that was permitted to remain and that 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. 47).

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.

[[Page [897]]]

6, 1999, p. 47). 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); (7) pending 
the forthwith report of a committee following adoption of a motion to 
recommit while the previous question is operating (e.g., Apr. 24, 2007, 
p. _); (8) on Calendar Wednesday (VII, 907), but consideration of such 
reports yields to Calendar Wednesday business (VII, 899). It takes 
precedence over: (1) 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); (2) a report from the Committee on Rules (V, 6449); (3) the 
motion to reconsider (V, 5605); (4) the motion to resolve into the 
Committee of the Whole for consideration of general appropriation bills 
(VIII, 3291); (5) consideration of District of Columbia business on 
Monday (VIII, 3292); (6) unfinished business (Speaker O'Neill, Oct. 4, 
1978, p. 33473). It 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 that 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 correct a conference report, including the 
joint statement of managers, because it is a joint report to the two 
Houses (Oct. 3, 2000, p. 20560).
  Although 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.


[[Page [898]]]


  (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. 47). 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 (formerly 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).

  (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 an

[[Page [899]]]

nounces to the House 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, a motion under 
subparagraph (1) shall be privileged after a conference committee has 
been appointed for 36 hours without making a report and the proponent 
meets the notice requirement in subparagraph (1).
  (d) Instructions to conferees in a motion to instruct or in a motion 
to recommit to conference may not include argument.

  Paragraph (c) (formerly 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. 7); and technical 
amendments to paragraph (c)(3) were effected in the 109th Congress (sec. 
2(l), H. Res. 5, Jan. 4, 2005, p. _) and 111th Congress (sec. 2(m), H. 
Res. 5, Jan. 6, 2009, p. _). Paragraph (d) was added in the 107th 
Congress (sec. 2(r), H. Res. 5, Jan. 3, 2001, p. 25). A gender-based 
reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, 
Jan. 6, 2009, 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. 47). Recodification resulted in certain 
unintended changes to paragraph (c), and the paragraph was restored to 
its original intent in the 107th Congress (sec. 2(r), H. Res. 5, Jan. 3, 
2001, p. 25).
  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

[[Page [900]]]

failed to report 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, because 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. 
20886), 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. 20894). 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. 
25961; Nov. 21, 2003, p. 30780; May 19, 2004, 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 interpret the 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 Reorganization 
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. 47).

[[Page [901]]]

  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 chair 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. 25502).
  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 the Congressional 
Budget 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.
  (2) Subparagraph (1)(A) does not apply during the last six days of a 
session of Congress.

  The original rule (formerly clause 2(a) of rule XXVIII) requiring that 
conference reports be printed in the Record was adopted in 1902 (V, 
6516).

[[Page [902]]]

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 waiving only 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. 47).
  For an example of a resolution reported by the Rules Committee waiving 
only the availability requirement of this clause and called up the same 
day reported without a two-thirds vote, see August 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
      (B) copies of the report in disagreement and any accompanying 
statement, together with the text of the Senate amendment, have been

[[Page [903]]]

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 (formerly 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. 47).
  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 chair of the committee having jurisdiction of the subject 
matter of the amendment or a designee. Such a preferential motion shall 
be separately debatable for one hour equally divided between its 
proponent

[[Page [904]]]

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 offered 
in a timely manner by the chair of a committee of jurisdiction or a 
designee. A gender-based reference was eliminated in the 111th Congress 
(sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _). 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. 47). The 
Committee on Post Office and Civil Service (now Oversight and 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 chair 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. 47).

  (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 [905]]]

  (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. 47).
  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, pp. 6624, 6634), preceded by the minority manager, 
preceded 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, pp. 22409, 22460).
  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 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), upon 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 
upon a motion to dispose of a further stage of amendment that is 
subsequently before

[[Page [906]]]

the House (Aug. 1, 1985, p. 22561; Dec. 19, 1985, p. 38360). A Member 
offering a preferential motion does not thereby control half of the 
time, because 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 (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 added 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. 47).

  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 [907]]]

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 (formerly 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. 
47).
  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 [908]]]

counterpart in either the House bill or Senate amendment was held to 
exceed scope (Nov. 14, 2002, pp. 22408, 22409).
  Although 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 that were not contained in either version and that 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 that 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 
that 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 that directed them 
to agree to matter violating this clause: the House bill created an 
energy trust fund composed of certain revenues to be distributed by 
subse

[[Page [909]]]

quent 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).
  Before the revision of this clause in 1971, 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 either a funding limitation (Sept. 13, 
1994, p. 24402) or a change in income tax law (Nov. 8, 2005, p. _ 
(sustained by tabling of appeal); Dec. 7, 2005, p. _) not contained in 
the House bill or Senate amendment. Such motion also may not instruct 
managers to include funding for a program above both of the respective 
amounts in the House bill and Senate amendment for that program (Dec. 7, 
2005, p. _ (sustained by tabling of appeal)). 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 with 
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.


[[Page [910]]]


  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--
      (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

[[Page [911]]]

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 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 amend

[[Page [912]]]

ment, 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.
      (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).

  The provision (formerly 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. The provision (formerly 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 
matters originally contained in Senate bills sent

[[Page [913]]]

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. 47).
  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 that 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 that 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 (formerly clause 3) of this rule 
(Speaker Albert, Dec. 15, 1975, p. 40671).
  Where possible, the Speaker rules on points of order against 
conference reports that, if sustained, will vitiate the entire 
conference report (as under clause 9 of this rule or under the 
Congressional Budget Act of 1974) 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.

[[Page [914]]]

This clause is not applicable to a provision contained in a motion to 
recede and concur with an amendment that was not contained in any form 
in the Senate version and that 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 (formerly clause 5(a)) of rule 
XXI (appropriations on a legislative bill) against a motion to dispose 
of a Senate amendment in disagreement (as by concurring therein with a 
House amendment carrying an appropriation) which, if sustained, would 
vitiate the entire motion, must be disposed of before 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 chair 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 Reform Act of 1998 
(sec. 4022, P.L. 105-206) added this provision as a new clause 7 of rule 
XXVIII. A gender-based reference was eliminated in the 111th Congress 
(sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _). 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. 47).

  12. (a)(1) <> Subject to 
subparagraph (2), a meeting of each conference committee shall be open 
to the public.

[[Page [915]]]

  (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.
  (3) In conducting conferences with the Senate, managers on the part of 
the House should endeavor to ensure--
      (A) that meetings for the resolution of differences between the 
two Houses occur only under circumstances in which every manager on the 
part of the House has notice of the meeting and a reasonable opportunity 
to attend;
      (B) that all provisions on which the two Houses disagree are 
considered as open to discussion at any meeting of a conference 
committee; and
      (C) that papers reflecting a conference agreement are held 
inviolate to change without renewal of the opportunity of all managers 
on the part of the House to reconsider their decisions to sign or not to 
sign the agreement.
  (4) Managers on the part of the House shall be provided a unitary time 
and place with access to at least one complete copy of the final 
conference agreement for the purpose of recording their approval (or 
not) of the final conference agreement by placing their signatures (or 
not) on the sheets prepared to accompany the conference report and joint 
explanatory statement of the managers.

[[Page [916]]]

  (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. 
47). 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. 7). Subparagraphs (a)(3) and (4) were added in 
the 110th Congress (sec. 303(a), H. Res. 6, Jan. 4, 2007, p. _ (adopted 
Jan. 5, 2007)).
  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 (now the yeas and nays) (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,

[[Page [917]]]

a motion may be offered as privileged under this clause to authorize a 
conference committee to close its meetings to the public, except to 
Members of Congress (Speaker O'Neill, May 23, 1977, pp. 15880-84).
  In response to a parliamentary inquiry, the Chair stated that, under 
the rules and precedents of the House, a conference report must be the 
product of an actual meeting of the managers appointed by the two Houses 
(Oct. 30, 2003, p. 26413, p. 26443). 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). 
Also, conferees on the part of the House are entitled to reasonable 
notice of and opportunity to attend a meeting of the conference 
committee (July 20, 2000, p. 15657). The adoption of paragraphs (a)(3) 
and (a)(4) in the 110th Congress imposed additional considerations on 
conference committees. However, a 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. 15654; Oct. 30, 2003, p. 26452).
  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.

  13. <>  It shall not be 
in order to consider a conference report the text of which differs in 
any way, other than clerical, from the text that reflects the action of 
the conferees on all of the differences between the two Houses, as 
recorded by their placement of their signatures (or not) on the sheets 
prepared to accompany the conference report and joint explanatory 
statement of the managers.

  This clause was added in the 110th Congress (sec. 303(b), H. Res. 6, 
Jan. 4, 2007, p. _ (adopted Jan. 5, 2007)).








[[Page [918]]]
[DOCID:hd162-81]                         

                               Rule XXIII
                        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 behave 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 the beneficial interest of such individual 
from any source, the receipt of which would occur by virtue of influence 
improperly exerted from the position of such individual 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.

[[Page [919]]]

      6. A Member, Delegate, or Resident Commissioner--
          (a) shall keep the campaign funds of such individual separate 
from the personal funds of such individual;
          (b) may not convert campaign funds to personal use in excess 
of an amount representing reimbursement for legitimate and verifiable 
campaign expenditures; and
          (c) except as provided in clause 1(b) of rule XXIV, may not 
expend funds from a campaign accounts of such individual 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 
such employee receives.
      (b) In the case of a committee employee who works under the direct 
supervision of a member of the committee other than a chair, the chair 
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 chair with this clause and with clause 9 of rule X.

[[Page [920]]]

      (c)(1) Except as specified in subparagraph (2)--
          (A) a Member, Delegate, or Resident Commissioner may not 
retain the spouse of such individual in a paid position; and
          (B) an employee of the House may not accept compensation for 
work for a committee on which the spouse of such employee 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' imprisonment may be imposed should 
refrain from participation in the business of each committee of which 
such individual 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

[[Page [921]]]

state of the Union, unless or until judicial or executive proceedings 
result in reinstatement of the presumption of the innocence of such 
Member or until the Member 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 the 
employing authority of such employee of a significant financial interest 
described in paragraph (a) and obtains from such employing 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.

[[Page [922]]]

      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 Member, Delegate, or Resident Commissioner may not, with the 
intent to influence on the basis of partisan political affiliation an 
employment decision or employment practice of any private entity--
          (a) take or withhold, or offer or threaten to take or 
withhold, an official act; or
          (b) influence, or offer or threaten to influence, the official 
act of another.

[[Page [923]]]

      15. (a) Except as provided in paragraph (b), a Member, Delegate, 
or Resident Commissioner may not use personal funds, official funds, or 
campaign funds for a flight on an aircraft.
      (b) Paragraph (a) does not apply if--
          (1) the aircraft is operated by an air carrier or commercial 
operator certificated by the Federal Aviation Administration and the 
flight is required to be conducted under air carrier safety rules, or, 
in the case of travel which is abroad, by an air carrier or commercial 
operator certificated by an appropriate foreign civil aviation authority 
and the flight is required to be conducted under air carrier safety 
rules;
          (2) the aircraft is owned or leased by a Member, Delegate, 
Resident Commissioner or a family member of a Member, Delegate, or 
Resident Commissioner (including an aircraft owned by an entity that is 
not a public corporation in which the Member, Delegate, Resident 
Commissioner or a family member of a Member, Delegate, or Resident 
Commissioner has an ownership interest, provided that such Member, 
Delegate, or Resident Commissioner does not use the aircraft any more 
than the Member, Delegate, Resident Commissioner, or family member's 
proportionate share of ownership allows);
          (3) the flight consists of the personal use of an aircraft by 
a Member, Delegate, or Resident Commissioner that is supplied by

[[Page [924]]]

an individual on the basis of personal friendship; or
          (4) the aircraft is operated by an entity of the Federal 
government or an entity of the government of any State.
      (c) In this clause--
          (1) the term ``campaign funds'' includes funds of any 
political committee under the Federal Election Campaign Act of 1971, 
without regard to whether the committee is an authorized committee of 
the Member, Delegate, or Resident Commissioner involved under such Act;
          (2) the term ``family member'' means an individual who is 
related to the Member, Delegate, or Resident Commissioner, as father, 
mother, son, daughter, brother, sister, husband, wife, father-in-law, or 
mother-in-law; and
          (3) the term ``on the basis of personal friendship'' has the 
same meaning as in clause 5 of rule XXV and shall be determined as under 
clause 5(a)(3)(D)(ii) of rule XXV.
      16. A Member, Delegate, or Resident Commissioner may not condition 
the inclusion of language to provide funding for a congressional 
earmark, a limited tax benefit, or a limited tariff benefit in any bill 
or joint resolution (or an accompanying report) or in any conference 
report on a bill or joint resolution (including an accompanying joint 
explanatory statement of managers) on any vote cast by

[[Page [925]]]

another Member, Delegate, or Resident Commissioner. For purposes of this 
clause and clause 17, the terms ``congressional earmark,'' ``limited tax 
benefit,'' and ``limited tariff benefit'' shall have the meanings given 
them in clause 9 of rule XXI.
      17. (a) A Member, Delegate, or Resident Commissioner who requests 
a congressional earmark, a limited tax benefit, or a limited tariff 
benefit in any bill or joint resolution (or an accompanying report) or 
in any conference report on a bill or joint resolution (or an 
accompanying joint statement of managers) shall provide a written 
statement to the chair and ranking minority member of the committee of 
jurisdiction, including--
          (1) the name of the Member, Delegate, or Resident 
Commissioner;
          (2) in the case of a congressional earmark, the name and 
address of the intended recipient or, if there is no specifically 
intended recipient, the intended location of the activity;
          (3) in the case of a limited tax or tariff benefit, 
identification of the individual or entities reasonably anticipated to 
benefit, to the extent known to the Member, Delegate, or Resident 
Commissioner;
          (4) the purpose of such congressional earmark or limited tax 
or tariff benefit; and
          (5) a certification that the Member, Delegate, or Resident 
Commissioner or spouse has no financial interest in such congres

[[Page [926]]]

sional earmark or limited tax or tariff benefit.
      (b) Each committee shall maintain the information transmitted 
under paragraph (a), and the written disclosures for any congressional 
earmarks, limited tax benefits, or limited tariff benefits included in 
any measure reported by the committee or conference report filed by the 
chair of the committee or any subcommittee thereof shall be open for 
public inspection.
      18. (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.
      (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. In the case of such an individual who is a 
member or employee of a firm, partnership, or other business 
organization, the other members and employees of the firm, partnership, 
or other business organization shall be subject to the same

[[Page [927]]]

restrictions on lobbying that apply to the individual under this 
paragraph.

  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. 
47). It was redesignated as rule XXIII in the 107th Congress (sec. 2(s), 
H. Res. 5, Jan. 3, 2001, p. 24). 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). Before 
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) and was again 
amended in the 109th Congress to conform it to the change in clause 1 of 
rule XXIV to permit campaign funds to be used to defray certain official 
expenses (sec. 2(j), H. Res. 5, Jan. 4, 2005, p. _). Clause 6 was also 
amended by the Ethics Reform Act of 1989 (P.L. 101-194) to specify that 
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. 47). 
Clause 8(c) was added in the 107th Congress (sec. 2(t), H. Res. 5, Jan. 
3, 2001, p. 24). 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 in the 101st Congress to conform existing staff 
antidiscrimination rules to the Fair Employment

[[Page [928]]]

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)). 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. 24). Clause 18 (which was an undesignated paragraph at 
the end of the rule before being numbered as clause 14 when 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. 47) and in the 107th 
Congress to add the last two sentences of paragraph (b) (sec. 2(v), H. 
Res. 5, Jan. 3, 2001, p. 24). Paragraph (b) was amended during the 110th 
Congress with regard to firms, partnerships, and other business 
organizations (sec. 303, P.L. 110-81). 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. 
47); 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. 24) and a clerical correction to a cross reference in clause 8(b) was 
effected (sec. 2(x), H. Res. 5, Jan. 3, 2001, p. 26). Clauses 14 through 
17 were added in the 110th Congress (secs. 202, 207, H. Res. 6, Jan. 4, 
2007, p. _; sec. 404(b), H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 
2007)). Clause 15 was amended in its entirety during the 110th Congress 
(H. Res. 363, May 2, 2007, p. _). Gender-based references were 
eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 
_).
  For an in-depth discussion of this rule prepared by the Committee on 
Standards of Official Conduct, see the House Ethics Manual (110th 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, because it 
is for the House and not the Chair to judge the conduct of Members (Nov. 
17, 1987, p. 32153). In response to a parliamentary inquiry, the Chair 
advised that the operation of clause 16 was not affected by a special 
order of the House waiving various points of order against a measure and 
against its consideration (Mar. 23, 2007, p. _). The Committee on 
Standards of Official Conduct has 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).








[[Page [929]]]
[DOCID:hd162-82]                         

                                Rule XXIV
                  limitations on use of official funds

Limitations on use of official and unofficial accounts
  1. <> (a) Except as provided in 
paragraph (b), a Member, Delegate, or Resident Commissioner may not 
maintain, or have maintained for the use of such individual, an 
unofficial office account. Funds may not be paid into an unofficial 
office account.
  (b)(1) Except as provided in subparagraph (2), a Member, Delegate, or 
Resident Commissioner may defray official expenses with funds of the 
principal campaign committee of such individual under the Federal 
Election Campaign Act of 1971 (2 U.S.C. 431 et seq.).
  (2) The funds specified in subparagraph (1) may not be used to defray 
official expenses for mail or other communications, compensation for 
services, office space, office furniture, office equipment, or any 
associated information technology services (excluding handheld 
communications devices).
  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

[[Page [930]]]

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.

  This provision (formerly 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. 47). This rule was redesignated as rule XXIV in the 
107th Congress (sec. 2(s), H. Res. 5, Jan. 3, 2001, p. 24). In the 109th 
Congress clause 1 was amended to permit campaign funds to be used to 
defray certain official expenses (sec. 2(j), H. Res. 5, Jan. 4, 2005, p. 
25). In the 111th Congress a technical correction to clause 1(b)(2) was 
effected and gender-based references in clause 1 were eliminated (secs. 
2(l), 2(m), H. Res. 5, Jan. 6, 2009, p. _).
  For an in-depth discussion of this rule prepared by the Committee on 
Standards of Official Conduct, see the House Ethics Manual (110th 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 sub

[[Page [931]]]

mit 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.
  7. A Member, Delegate, or Resident Commissioner may not send a mass 
mailing outside the congressional district from which 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 90 days before the date of a 
primary or general election (whether regular, special, or runoff) in 
which such individual 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

[[Page [932]]]

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 (formerly rule XLVI) was adopted in the 95th Congress 
(H. Res. 287, Mar. 2, 1977, pp. 5933-53). In the 102d Congress it was 
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 (formerly 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. 47). In the 109th Congress clause 8 was amended to expand the window 
during which a mass mailing is not frankable to 90 days before the date 
of an election (from 60 days), thereby conforming the rule to section 
3210 of title 39, United States Code (sec. 2(j), H. Res. 5, Jan. 4, 
2005, p. _). Gender-based references were eliminated in the 111th 
Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _).
  For an in-depth discussion of this rule prepared by the Committee on 
Standards of Official Conduct, see the House Ethics Manual (110th 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(j)(1) of rule X, including 
funds from committee expense resolutions, and funds in any local 
currencies owned by the United States may

[[Page [933]]]

not be made available for travel by a Member, Delegate, Resident 
Commissioner, or Senator after the date of a general election in which 
such individual 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. 47). 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. 47). A 
conforming change was effected in the 109th Congress (sec. 2(a), H. Res. 
5, Jan. 4, 2005, p. _). A gender-based reference was eliminated in the 
111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _).




[DOCID:hd162-83]                         

                                Rule XXV
      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

[[Page [934]]]

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 occurs 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

[[Page [935]]]

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;
      (b) permit the name of such individual 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.

[[Page [936]]]


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 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

[[Page [937]]]

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 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

[[Page [938]]]

lodging and meals while away from the residence or principal place of 
employment of such individual.
  (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 such 
individual 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-
qualified pension, profit-sharing, or stock bonus plan and received by 
such individual 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 such individual or the family of such individual holds a 
controlling interest and in which both personal services and capital are 
income-producing factors, any amount received by the Member, Delegate, 
Resident Commis

[[Page [939]]]

sioner, officer, or employee, so long as the personal services actually 
rendered by such individual 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 (formerly 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 a Member's 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 (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 re

[[Page [940]]]

strictions 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. 47). This rule was redesignated as 
rule XXV in the 107th Congress (sec. 2(s), H. Res. 5, Jan. 3, 2001, p. 
24). 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. 26). 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. 
7). Gender-based references were eliminated in the 111th Congress (sec. 
2(l), H. Res. 5, Jan. 6, 2009, p. _).
  For an in-depth discussion of this rule prepared by the Committee on 
Standards of Official Conduct, see the House Ethics Manual (110th 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) and reinstated it in the 102d Congress (S. Res. 192, Oct. 31, 
1991, p. 29567).
  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).

Gifts
  5. (a)(1)(A)(i) <> A Member, Delegate, 
Resident Commissioner, officer, or employee of the House may not 
knowingly accept a gift except as provided in this clause.
  (ii) A Member, Delegate, Resident Commissioner, officer, or employee 
of the House may not knowingly accept a gift from a registered lobbyist 
or agent of a foreign principal or from a

[[Page [941]]]

private entity that retains or employs registered lobbyists or agents of 
a foreign principal except as provided in subparagraph (3) of this 
paragraph.
  (B)(i) A Member, Delegate, Resident Commissioner, officer, or employee 
of the House may accept a gift (other than cash or cash equivalent) not 
prohibited by subdivision (A)(ii) 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.
  (ii) A gift of a ticket to a sporting or entertainment event shall be 
valued at the face value of the ticket or, in the case of a ticket 
without a face value, at the highest cost of a ticket with a face value 
for the event. The price printed on a ticket to an event shall be deemed 
its face value only if it also is the price at which the issuer offers 
that ticket for sale to the public.
  (2)(A) In this clause the term ``gift'' means a gratuity, favor, 
discount, entertainment, hospitality, loan, forbearance, or other item 
having

[[Page [942]]]

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 employee 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 the official position of 
such individual.
  (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

[[Page [943]]]

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 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 (5 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 the official position of 
such individual 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 the relationship of such individual with 
the individual giving the gift, including any previous exchange of gifts 
between them.
          (II) Whether to the actual knowledge of such individual the 
individual who gave the

[[Page [944]]]

gift personally paid for the gift or sought a tax deduction or business 
reimbursement for the gift.
          (III) Whether to the actual knowledge of such individual 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 (e)(3), a contribution or 
other payment to a legal expense fund established for the benefit of a 
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 the duties of such individual as an officeholder), or of 
the spouse of such individual, if such benefits have not been offered or 
enhanced because of the official position of such individual and are 
customarily provided to others in similar circumstances;

[[Page [945]]]

          (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.
      (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.

[[Page [946]]]

      (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 Act) of an individual other than a 
registered lobbyist or agent of a foreign principal.
      (Q) Free attendance at an 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 dis

[[Page [947]]]

criminates 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 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,

[[Page [948]]]

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 
the official position of such individual; or
      (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;

[[Page [949]]]

      (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 furnished 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 for 
necessary transportation, lodging, and related

[[Page [950]]]

expenses for travel to a meeting, speaking engagement, factfinding trip, 
or similar event in connection with the duties of such individual as an 
officeholder shall be considered as a reimbursement to the House and not 
a gift prohibited by this clause when it is from a private source other 
than a registered lobbyist or agent of a foreign principal or a private 
entity that retains or employs registered lobbyists or agents of a 
foreign principal (except as provided in subdivision (C)), if the 
Member, Delegate, Resident Commissioner, officer, or employee--
      (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 15 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.
  (C) A reimbursement (including payment in kind) to a Member, Delegate, 
Resident Commissioner, officer, or employee of the House for any purpose 
described in subdivision (A) also shall be considered as a reimbursement 
to the House and not a gift prohibited by this clause (without

[[Page [951]]]

regard to whether the source retains or employs registered lobbyists or 
agents of a foreign principal) if it is, under regulations prescribed by 
the Committee on Standards of Official Conduct to implement this 
provision--
      (i) directly from an institution of higher education within the 
meaning of section 101 of the Higher Education Act of 1965; or
      (ii) provided only for attendance at or participation in a one-day 
event (exclusive of travel time and an overnight stay).
Regulations prescribed to implement this provision may permit a two-
night stay when determined by the committee on a case-by-case basis to 
be practically required to participate in the one-day event.
  (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) shall be signed by 
the Member, Delegate,

[[Page [952]]]

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);
      (F) a description of meetings and events attended; and
      (G) in the case of a reimbursement to a Member, Delegate, Resident 
Commissioner, or officer, a determination that the travel was in 
connection with the duties of such individual 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''--

[[Page [953]]]

      (A) includes reasonable expenses that are necessary for travel for 
a period not exceeding four days within the United States or seven 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 a relative 
of the Member, Delegate, Resident Commissioner, officer, or employee.
  (5) The Clerk of the House shall make all advance authorizations, 
certifications, and disclosures filed pursuant to this paragraph 
available for public inspection as soon as possible after they are 
received.
  (c)(1)(A) Except as provided in subdivision (B), a Member, Delegate, 
Resident Commissioner, officer, or employee of the House may not accept 
a reimbursement (including payment in kind) for transportation, lodging, 
or related expenses for a

[[Page [954]]]

trip on which the traveler is accompanied on any segment by a registered 
lobbyist or agent of a foreign principal.
  (B) Subdivision (A) does not apply to a trip for which the source of 
reimbursement is an institution of higher education within the meaning 
of section 101 of the Higher Education Act of 1965.
  (2) A Member, Delegate, Resident Commissioner, officer, or employee of 
the House may not accept a reimbursement (including payment in kind) for 
transportation, lodging, or related expenses under the exception in 
paragraph (b)(1)(C)(ii) of this clause for a trip that is financed in 
whole or in part by a private entity that retains or employs registered 
lobbyists or agents of a foreign principal unless any involvement of a 
registered lobbyist or agent of a foreign principal in the planning, 
organization, request, or arrangement of the trip is de minimis under 
rules prescribed by the Committee on Standards of Official Conduct to 
implement paragraph (b)(1)(C) of this clause.
  (3) A Member, Delegate, Resident Commissioner, officer, or employee of 
the House may not accept a reimbursement (including payment in kind) for 
transportation, lodging, or related expenses for a trip (other than a 
trip permitted under paragraph (b)(1)(C) of this clause) if such trip is 
in any part planned, organized, requested, or arranged by a registered 
lobbyist or agent of a foreign principal.
  (d) A Member, Delegate, Resident Commissioner, officer, or employee of 
the House shall,

[[Page [955]]]

before accepting travel otherwise permissible under paragraph (b)(1) of 
this clause from any private source--
      (1) provide to the Committee on Standards of Official Conduct 
before such trip a written certification signed by the source or (in the 
case of a corporate person) by an officer of the source--
          (A) that the trip will not be financed in any part by a 
registered lobbyist or agent of a foreign principal;
          (B) that the source either--
              (i) does not retain or employ registered lobbyists or 
agents of a foreign principal; or
              (ii) is an institution of higher education within the 
meaning of section 101 of the Higher Education Act of 1965; or
              (iii) certifies that the trip meets the requirements 
specified in rules prescribed by the Committee on Standards of Official 
Conduct to implement paragraph (b)(1)(C)(ii) of this clause and 
specifically details the extent of any involvement of a registered 
lobbyist or agent of a foreign principal in the planning, organization, 
request, or arrangement of the trip considered to qualify as de minimis 
under such rules;
          (C) that the source will not accept from another source any 
funds earmarked directly or indirectly for the purpose of financing any 
aspect of the trip;

[[Page [956]]]

          (D) that the traveler will not be accompanied on any segment 
of the trip by a registered lobbyist or agent of a foreign principal 
(except in the case of a trip for which the source of reimbursement is 
an institution of higher education within the meaning of section 101 of 
the Higher Education Act of 1965); and
          (E) that (except as permitted in paragraph (b)(1)(C) of this 
clause) the trip will not in any part be planned, organized, requested, 
or arranged by a registered lobbyist or agent of a foreign principal; 
and
      (2) after the Committee on Standards of Official Conduct has 
promulgated the regulations mandated in paragraph (i)(1)(B) of this 
clause, obtain the prior approval of the committee for such trip.
  (e) 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.
      (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 
solicita

[[Page [957]]]

tion directed to a broad category of persons or entities), other than a 
charitable contribution permitted by paragraph (f).
      (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.
  (f)(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 is not 
considered a gift under this clause if it is reported as provided in 
subparagraph (2).
  (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--

[[Page [958]]]

      (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.
  (g) 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.
  (h) 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 authorized to issue 
guidance on any matter contained in this clause.
  (i)(1) Not later than 45 days after the date of adoption of this 
paragraph and at annual intervals thereafter, the Committee on Standards 
of Official Conduct shall develop and revise, as necessary--

[[Page [959]]]

      (A) guidelines on judging the reasonableness of an expense or 
expenditure for purposes of this clause, including the factors that tend 
to establish--
          (i) a connection between a trip and official duties;
          (ii) the reasonableness of an amount spent by a sponsor;
          (iii) a relationship between an event and an officially 
connected purpose; and
          (iv) a direct and immediate relationship between a source of 
funding and an event; and
      (B) regulations describing the information it will require 
individuals subject to this clause to submit to the committee in order 
to obtain the prior approval of the committee for any travel covered by 
this clause, including any required certifications.
  (2) In developing and revising guidelines under subparagraph (1)(A), 
the committee shall take into account the maximum per diem rates for 
official Government travel published annually by the General Services 
Administration, the Department of State, and the Department of Defense.

  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. 237). 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 rules XLI and XLVIII under former rule XXVI 
(redesignated as rule XXV in the 107th Congress) (H. Res. 5, Jan. 6, 
1999, p. 47). Clause

[[Page [960]]]

5(e) (now 5(g)) 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. 26). 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. 7) 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. 7). In the 109th Congress, 
clause 5(b)(4)(D) was amended to expand the definition of ``necessary 
transportation, lodging, and related expenses'' to include travel 
expenses of a relative of a Member (rather than only a spouse or child) 
(sec. 2(j), H. Res. 5, Jan. 4, 2005, p. _). In the 110th Congress, 
clause 5 was amended as follows: (1) to add subdivision (ii) to 
paragraph (a)(1)(A), with a corresponding cross reference in paragraph 
(a)(1)(B)(i); (2) to add subdivision (ii) to paragraph (a)(1)(B); (3) to 
include as gifts reimbursement for transportation and lodging expenses 
from entities that retain registered lobbyists or agents of a foreign 
principal in paragraph (b)(1)(A) with an exception in a new subdivision 
(C) for reimbursements from institutions of higher education or for 
participation in one-day events (effective March 1, 2007); (4) to 
shorten from 30 to 15 days the time in which disclosure is made to the 
Clerk under paragraph (b)(1)(A)(ii) (effective March 1, 2007); (5) to 
add subdivision (F) to paragraph (b)(3); (6) to make a conforming 
amendment to paragraph (b)(3) (effective March 1, 2007); (7) to include 
additional certifications and disclosures in paragraph (b)(5) (effective 
March 1, 2007); (8) to add paragraphs (c) and (d) (effective March 1, 
2007); and (9) to add paragraph (i) (effective March 1, 2007). 
Subdivision (Q) was amended during the 110th Congress to clarify the 
events for which a gift of free attendance is not prohibited (sec. 4, H. 
Res. 437, May 24, 2007, p. _). Subdivision (Q) was amended during the 
110th Congress to clarify the events for which a gift of free attendance 
is not prohibited (sec. 4, H. Res. 437, May 24, 2007, p. _). In the 
111th Congress a technical correction to paragraph (i)(2) was effected 
and gender-based references were eliminated (secs. 2(l), 2(m), H. Res. 
5, Jan. 6, 2009, p. _).

  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

[[Page [961]]]

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).

Claims against the Government
  6. <> A person may not be an officer or employee of the House, or 
continue in its employment, if acting as an agent for the prosecution of 
a claim against the Government or if 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). Gender-based references were eliminated 
in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _). 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. 47).

  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).

  7. <> A 
Member, Delegate, or Resident Commissioner shall prohibit all staff 
employed by that Member, Delegate, or Resident Commissioner (including 
staff in personal, committee, and leadershipoffices) from making any 
lobbying contact (as defined in section 3 of the Lobbying Disclosure Act 
of 1995) with that individual's

[[Page [962]]]

spouse if that spouse is a lobbyist under the Lobbying Disclosure Act of 
1995 or is employed or retained by such a lobbyist for the purpose of 
influencing legislation.

  This provision was adopted in the 110th Congress (sec. 302, P.L. 110-
81).

  8. <> During the dates on which the national political party to 
which a Member (including a Delegate or Resident Commissioner) belongs 
holds its convention to nominate a candidate for the officeof President 
or Vice President, the Member may not participate in an event honoring 
that Member, other than in the capacity as a candidate for such office, 
if such event is directly paid for by a registered lobbyist under the 
Lobbying Disclosure Act of 1995 or a private entity that retains or 
employs such a registered lobbyist.

  This provision was adopted in the 110th Congress (sec. 305, P.L. 110-
81). A gender-based reference was eliminated in the 111th Congress (sec. 
2(l), H. Res. 5, Jan. 6, 2009, p. _).




[DOCID:hd162-84]                         

                                Rule XXVI
                          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 the Clerk

[[Page [963]]]

by Members within the period beginning on January 1 and ending on June 
15 of each year and 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.
  3. Members of the board of the Office of Congressional Ethics shall 
file annual financial disclosure reports with the Clerk of the House on 
or before May 15 of each calendar year after any year in which they 
perform the duties of that position. Such reports shall be on a form 
prepared by the Clerk that is substantially similar to form 450 of the 
Office of Government Ethics. The Clerk shall send a copy of each such 
report filed with the Clerk within the seven-day period beginning on the 
date on which the report is filed to the Committee on Standards of 
Official Conduct and shall have them printed as a House document and 
made available to the public pursuant to clause 1.

  The original version of this rule (formerly 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,

[[Page [964]]]

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 by 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 (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. 
47). This rule was redesignated as rule XXVI in the 107th Congress (sec. 
2(s), H. Res. 5, Jan. 3, 2001, p. 24). Clause 3 was added in the 110th 
Congress (H. Res. 895, Mar. 11, 2008, p. _). A gender-based reference 
was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 
2009, p. _).
  For an in-depth discussion of this rule prepared by the Committee on 
Standards of Official Conduct, see the House Ethics Manual (110th Cong., 
2d Sess.).

  Pertinent provisions of title I of the Ethics in Government Act of 
1978 (5 U.S.C. App. 101-111) follow:

     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

[[Page [965]]]

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);

                                  * * *

  (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--

[[Page [966]]]

          (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:
          (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 re

[[Page [967]]]

ceived 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.

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,

[[Page [968]]]

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 executed 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.

[[Page [969]]]

  (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 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:

[[Page [970]]]

          (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 (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

[[Page [971]]]

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--
                  (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.

[[Page [972]]]

          (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 
                required 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 subse

[[Page [973]]]

                quent 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, 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 paragraph (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

[[Page [974]]]

        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
          (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

[[Page [975]]]

(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;
          (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

[[Page [976]]]

          (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.

                                  * * *

  (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, United States Capitol Police, 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 elec

[[Page [977]]]

        tion 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.
  (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.

[[Page [978]]]

                 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 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,

[[Page [979]]]

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, 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.

[[Page [980]]]

  (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, 2005, and apply to 
filings through calendar year 2005.
  (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 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.

[[Page [981]]]

  (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 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

[[Page [982]]]

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 subsection 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.

[[Page [983]]]

  (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
          (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;

[[Page [984]]]

          (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 Government Accountability Office;
          (E) the Government Printing Office;
          (F) the Library of Congress;
          (G) the United States Capitol Police;
          (H) the Office of Technology Assessment; and
          (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

[[Page [985]]]

        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--
          (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

[[Page [986]]]

          (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 * * *

                                  * * *

  (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).

                                  * * *








[[Page [987]]]
[DOCID:hd162-85]                         

                               Rule XXVII
       Disclosure by Members and Staff of Employment Negotiations

  1. <> A Member, 
Delegate, or Resident Commissioner shall not directly negotiate or have 
any agreement of future employment or compensation, unless such Member, 
Delegate, or Resident Commissioner, within 3 business days after the 
commencement of such negotiation or agreement of future employment or 
compensation, files with the Committee on Standards of Official Conduct 
a statement, which must be signed by the Member, Delegate, or Resident 
Commissioner, regarding such negotiations or agreement, including the 
name of the private entity or entities involved in such negotiations or 
agreement, and the date such negotiations or agreement commenced.
  2. An officer or an employee of the House earning in excess of 75 
percent of the salary paid to a Member shall notify the Committee on 
Standards of Official Conduct that such individual is negotiating or has 
any agreement of future employment or compensation.
  3. The disclosure and notification under this rule shall be made 
within 3 business days after the commencement of such negotiation or 
agreement of future employment or compensation.
  4. A Member, Delegate, or Resident Commissioner, and an officer or 
employee to whom this rule applies, shall recuse himself or herself from 
any matter in which there is a conflict of inter

[[Page [988]]]

est or an appearance of a conflict for that Member, Delegate, Resident 
Commissioner, officer, or employee under this rule and shall notify the 
Committee on Standards of Official Conduct of such recusal. A Member, 
Delegate, or Resident Commissioner making such recusal shall, upon such 
recusal, submit to the Clerk for public disclosure the statement of 
disclosure under clause 1 with respect to which the recusal was made.

  This rule was added in the 110th Congress by Public Law 110-81 (121 
Stat. 751). In the 111th Congress clause 1 was amended to apply also to 
non-returning Members and a gender-based reference was eliminated (secs. 
2(k), 2(l), H. Res. 5, Jan. 6, 2009, p. _).




[DOCID:hd162-86]                         

                               Rule XXVIII
                     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

[[Page [989]]]

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 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.

[[Page [990]]]

  (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--
      (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 
year 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

[[Page [991]]]

year 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 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 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. 47). The rule was repealed in the 107th 
Congress (sec. 2(s), H. Res. 5, Jan. 3, 2001, p. 24), reinstated in the 
108th Congress as rule XVII (sec. 2(t), H. Res. 5, Jan. 7, 2003, p. 7), 
and redesignated in the 110th Congress as rule XXVIII (sec. 301, P.L. 
110-81).
  This rule has been ordered inapplicable to a conference report on a 
concurrent resolution on the budget (e.g., H. Res. 131, Mar. 25, 1999, 
p. 5671; H. Res. 446, Mar. 23, 2000, p. 3442). 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:hd162-87]                         

                                Rule XXIX
                           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

[[Page [992]]]

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 one gender include the other 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 in Sec. Sec. 1127-1130, infra); and clause 2 was added (H. Res. 
5, Jan. 6, 1999, p. 47). This rule was redesignated as rule XXVII in the 
107th Congress (sec. 2(s), H. Res. 5, Jan. 3, 2001, p. 24), redesignated 
as rule XXVIII in the 108th Congress (sec. 2(t), H. Res. 5, Jan. 7, 
2003, p. 7), and redesignated as rule XXIX in the 110th Congress (sec. 
301, P.L. 110-81). Clause 2 was amended in the 111th Congress when 
gender-based references throughout the rules were eliminated (sec. 2(l), 
H. Res. 5, Jan. 6, 2009, p. _). The importance of Jefferson's Manual as 
an authority in congressional procedure has been discussed (VII, 1029, 
1049; VIII, 2501, 2517, 2518, 3330).



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

[[Page [993]]]

                     LEGISLATIVE REORGANIZATION ACTS
                       JOINT AND SELECT COMMITTEES
                              HOUSE OFFICES
                     EARLY ORGANIZATION OF THE HOUSE

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


[[Page [995]]]
[DOCID:hd162-88]                         

                     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). Before 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; Aug. 4, 1949, 
p. 10778).
  The Committee on Rules has jurisdiction of matters relative to 
recesses and final adjournment of Congress (clause 1(n)(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

[[Page [996]]]

Houses is called up as privileged, requires a yea and nay vote for 
adoption (July 30, 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 30, 1999, p. 18763). 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. 17018; July 25, 2003, p. 19752).

        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 [997]]]

                       JOINT AND SELECT COMMITTEES

                               __________

[DOCID:hd162-89]                         

                           Joint Committees

  The Joint <> Economic 
Committee is composed of 10 Members of the Senate and 10 Members of the 
House, who are appointed by the President of the Senate and the Speaker, 
respectively. Each appoints six Members from the majority and four from 
the minority (15 U.S.C. 1024(a)). 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. 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 hearings 
at times and places it deems advisable, has subpoena power, and reports 
to the Committee on Ways and Means, and, in its discretion, directly to 
the House (26 U.S.C. 8001-8023).


[[Page [998]]]


  The Joint <> Committee of Congress on the Library is composed of five 
Members of the Senate (the chair and four members of the Committee on 
Rules and Administration) and five Members of the House. House 
membership consists of the chair and four members of the Committee on 
House Administration (2 U.S.C. 132b). The chair of the Subcommittee on 
the Legislative Branch of the Committee on Appropriations of the House 
also serves as a member (sec. 1(a)(4), P.L. 106-554).

  The Joint <> Committee 
on Printing is composed of five Members of the Senate (the chair and 
four members of the Committee on Rules and Administration) and five 
Members of the House (the chair 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 and binding and the 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.

  The <> Joint Congressional Committee on Inaugural Ceremonies is 
established by concurrent resolution in the second session of the 
Congress preceding a Presidential inauguration and is reestablished at 
the beginning of the next Congress. It is composed of three Members of 
the House and three Senators. 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. 2720; S. Con. Res. 2, 107th 
Cong., Jan. 3, 2001, p. 7; S. Con. Res. 94, 108th Cong., Mar. 16, 2004, 
p. _; S. Con. Res. 2, 109th Cong., Jan. 4, 2005, p. _).

                            Select Committees

  The <> Permanent Select Committee on 
Intelligence is reestablished by the adoption of clause 11 of rule X 
each Congress.


[[Page [999]]]


  In <> the 110th and 111th Congresses the House established 
the Select Committee on Energy Independence and Global Warming. The 
select committee had no legislative jurisdiction and was authorized to 
report its findings to the House by a date certain (sec. 4, H. Res. 202, 
Mar. 8, 2007, p. _; sec. 4(a), H. Res. 5, Jan. 6, 2009, p. _).
  For <> a history of 
select committees in the House, see House Practice, ch. 11, 
Sec. Sec. 12, 13. For a discussion of the former Select Committees on 
Ethics, see Sec. 738, supra; and for a discussion of the two former 
Select Committees on Homeland Security, see Sec. 723b, supra. For the 
charter of the former Select Bipartisan Committee to Investigate the 
Preparation for and Response to Hurricane Katrina, see House Resolution 
437 of the 109th Congress (Sept. 15, 2005, p. _).


[[Page [1001]]]
[DOCID:hd162-90]                         

                     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, provides 
advice in connection with franking privileges (sec. 5, P.L. 93-191).

  Rooms in the <> House Office Buildings are assigned pursuant to the Act of 
May 28, 1908 (2 U.S.C. 2004-2011) 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) (2 U.S.C. 2001).

  The preparation, <> utilization, and distribution (to committees and Members) of 
reports by the Government Accountability 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. 711-720). This office was formerly known 
as the General Accounting Office (31 U.S.C. 702 note).

  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. 2439).


[[Page [1002]]]


  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 
Legislative Drafting Service established for the Congress by the Act of 
February 24, 1919 (40 Stat. 1057, 1141). The provisions of law setting 
forth the purpose and functions of the current 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 Appropriations 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, 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 funding since then.

  A Parliamentarian <> has been appointed by the Speaker in every Congress 
since 1927. Before 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 preparation of the precedents of the House of 
Representatives were authorized

[[Page [1003]]]

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)).

  This office <> is responsible for responding to inquiries from, and 
coordinating visits with, foreign legislative bodies; providing 
assistance to delegations of Members on official visits to foreign 
nations; coordinating the activities and responsibilities of the House 
in connection with participation in various interparliamentary exchanges 
and organizations; and enabling the House to host meetings with senior 
government officials and other dignitaries in order to discuss matters 
relevant to United States relations with other nations (2 U.S.C. 130-2).

  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 (2 U.S.C. 123b(c)).

  The United <> States Capitol Preservation Commission was established in 
1988 (2 U.S.C. 2081) 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-
chairs), the chair and vice chair of the Joint Committee on the Library, 
the chairs 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, three Members of the 
Senate, and three 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

[[Page [1004]]]

Attorney General to notify the General Counsel of various decisions and 
policies (2 U.S.C. 130f(b)).

  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 House of Representatives Continuity of Operations 
Board, comprising the Clerk, the Sergeant-at-Arms, and the Chief 
Administrative Officer. The Clerk chairs the board.

  This office <> was 
established in the 70th Congress when the House requested the Secretary 
of the Navy to detail a medical officer to be in attendance at the Hall 
of the House during sessions of the House (H. Res. 253, Dec. 5, 1928, p. 
101). Currently, the office provides primary care and emergency, 
environmental, and occupational health services in direct support of 
Members of Congress and the Supreme Court, staff, pages, visiting 
dignitaries, and tourists (Office of Attending Physician in the U.S. 
Congress, CRS, Dec. 12, 2001).

  This office <> , which dates from 1793, operates and maintains the buildings 
and grounds of the Capitol complex. For a detailed explanation of the 
current duties and statutory evolution of the office, see Architect of 
the Capitol: Appointment, Duties, and Operations, CRS, March 17, 2005. 
Section 6701 of Public Law 110-28 established within the office a Chief 
Executive Officer for Visitor Services with responsibility for the 
operation and management of the Capitol Visitor Center.

  Established <> for the 109th (H. Res. 135, Mar. 14, 2005, p. _), 110th 
(H. Res. 24, Jan. 30, 2007, p. _) and 111th Congresses (sec. 4(b), H. 
Res. 5, Jan. 6, 2009, p. _), the commission provides advice and 
consultation to selected countries. The commission consists of 20 
Members appointed by the Speaker and Minority Leader.

  Established <> for the 110th (H. Res. 1451, Sept. 24, 2008, p. _) and 
111th Congresses with modifications to its authority (sec. 4(c), H. Res. 
5, Jan. 6, 2009, p. _), the commission promotes internationally 
recognized human rights. Any Member may join the commission, which is 
lead by co-chairs appointed by the Speaker and Minority Leader, 
respectively.


[[Page [1005]]]


  Established <> for 
the 110th (H. Res. 895, Mar. 11, 2008, p. _) and 111th Congresses with a 
modification on its authority to engage consultants (sec. 4(d), H. Res. 
5, Jan. 6, 2009, p. _), the office investigates ``self-initiated'' 
alleged ethics violations and reports its recommendations to the 
Committee on Standards of Official Conduct.



[[Page [1007]]]
[DOCID:hd162-91]                         

                     EARLY ORGANIZATION OF THE HOUSE

                               __________

                             [2 u.s.c. 29a]

  (a) Caucus or conference for incumbent Members reelected to and 
Members-elect of ensuing Congress; time and procedure for calling
  (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 of 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) Payment and reimbursement for travel and per diem expenses for 
Members attending caucus or conference; exceptions; regulations 
governing payments and reimbursements; reimbursement vouchers
  (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) of this

[[Page [1008]]]

section, 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 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) of this section 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.
  (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) Availability of applicable accounts of House
  The applicable accounts of the House of Representatives are made 
available to carry out the purposes of this section.

  (d) Orientation programs for new Members
  With the approval of the majority leader (in the case of a Member or 
Member-elect of the majority party) or the minority leader (in the case 
of a Member or Member-elect of the minority party), subsections (b) and 
(c) of this section shall apply with respect to the attendance of a 
Member or Member-elect at a program conducted by the Committee on House 
Administration for the orientation of new Members in the same manner as 
such provisions apply to the attendance of the Member or Member-elect at 
the organizational caucus or conference.

  These provisions were originated by a resolution of the 93d Congress 
(sec. 202, H. Res. 988, Oct. 8, 1974), which was enacted into permanent 
law (effective Jan. 2, 1975) shortly thereafter (P.L. 93-554, Dec. 27, 
1974, 88 Stat. 1777). They are codified in section 29a of title 2, 
United States Code. Amendments were effected in the 104th Congress (sec. 
202, P.L. 104-186, Aug. 20, 1996, 110 Stat. 1725), when the House 
renamed the

[[Page [1009]]]

committee concerned as the Committee on House Oversight (now House 
Administration) and converted references to its ``contingent fund'' to 
``applicable accounts of the House.'' Further amendments were effected 
at the end of the 108th Congress (to apply with respect to the One 
Hundred Tenth Congress and each succeeding Congress) to permit 
organizational activity to be scheduled for any period after the general 
election and before the onset of the new Congress and to include 
orientation programs (sec. 107, div. G, P.L. 108-447, Dec. 8, 2004, 118 
Stat. 3176).
  Under the former form of the statute, contemplating organizational 
activity in the month of December, the House occasionally adopted 
resolutions allowing earlier convening of an organizational caucus or 
conference (e.g., H. Res. 666, 106th Cong., Nov. 3, 2000, p. 25993; H. 
Res. 590, 107th Cong., Oct. 16, 2002, p. 20812; H. Res. 824, 108th 
Cong., Oct. 6, 2004, p. _).

                            [2 u.s.c. 43b-2]

  Staff expenses for House Members attending organizational caucus or 
conference
  (a) In general
  Each Member-elect (other than an incumbent Member reelected to the 
ensuing Congress) who attends a caucus or conference called under 
section 29a(a) of this title, 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.

  (b) Per diem expenses of staff person
  Each Member-elect (other than an incumbent Member reelected to the 
ensuing Congress) who attends a caucus or conference called under such 
section 29a(a) of this title 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.

  (c) Orientation programs for new Members
  With the approval of the majority leader (in the case of a Member or 
Member-elect of the majority party) or the minority leader (in the case 
of a Member or Member-elect of the minority party), subsections (a) and 
(b) of this section shall apply with respect to the attendance of a Mem

[[Page [1010]]]

ber or Member-elect at a program conducted by the Committee on House 
Administration for the orientation of new Members in the same manner as 
such provisions apply to the attendance of the Member or Member-elect at 
the organizational caucus or conference.

  These provisions were originated by a resolution of the 94th Congress 
(H. Res. 10, Jan. 14, 1975), which was then enacted into permanent law 
(sec. 201, P.L. 94-59, July 25, 1975, 89 Stat. 282). They are codified 
in section 43b-2 of title 2, United States Code. Amendments were 
effected at the end of the 108th Congress (to apply with respect to the 
One Hundred Tenth Congress and each succeeding Congress) to conform to 
the permissible scheduling of organizational activity for any period 
after the general election and before the onset of the new Congress and 
to include orientation programs (sec. 107, div. G, P.L. 108-447, Dec. 8, 
2004, 118 Stat. 3176).

                            [2 u.s.c. 43b-3]

  Payments and reimbursements for certain House staff expenses
  (a) Payments and reimbursements to staff persons under section 43b-2 
of this title 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.

  These provisions were originated by a resolution of the 94th Congress 
(H. Res. 10, Jan. 14, 1975), which was then enacted into permanent law 
(sec. 201, P.L. 94-59, July 25, 1975, 89 Stat. 282). They are codified 
in section 43b-3 of title 2, United States Code. Amendments were 
effected in the 104th Congress (sec. 202, P.L. 104-186, Aug. 20, 1996, 
110 Stat. 1725), when the House renamed the committee concerned as the 
Committee on House Oversight. (The committee has since been returned to 
its earlier name).



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

[[Page [1011]]]

                        CONGRESSIONAL BUDGET ACT
                         BUDGET ENFORCEMENT ACT

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

[[Page [1013]]]
[DOCID:hd162-92]                         

                        CONGRESSIONAL BUDGET ACT
                                                               Sec. 1127

                               __________

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 [1014]]]

                  (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 [1015]]]

  (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 [1016]]]


  The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) modified 
paragraphs (2) and (6) of this section and added 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 annual bill making 
appropriations for the Department of Transportation 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 [1017]]]

 
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 [1018]]]

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 [1019]]]


  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 former 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.). Under rule XXVIII the 
final adoption of that concurrent resolution has the effect of 
triggering the automatic engrossment of a joint resolution setting the 
public debt limit (see Sec. 1104, 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 the reporting committee filed a report in the House con

[[Page [1020]]]

cerning its section 302(b) allocation (now section 302(c)) and a 
direction that if a second concurrent resolution on the budget for 
fiscal year 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 (section 311(b) 
contains a similar exception). The 1984 resolution also contained a new 
provision reserving specific amounts of budget authority and outlays for 
subsequent allocation to committees by the Budget Committee (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 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 chair 
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 Cong.). The concurrent resolutions on the budget for 
fiscal years 1989-1991 and for fiscal years 1990-1992, respectively, 
each contained a section

[[Page [1021]]]

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, 103d 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, 104th Cong.).
  Concurrent resolutions on the budget have included reconciliation 
instructions that contemplated reductions in revenues (e.g., H. Con. 
Res. 95, 109th Cong.), including one that contemplated two bills 
reducing revenues (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; and 
(2) that, until January 1, 2001, contained a directed scorekeeping 
provision (secs. 202, 203, H. Con. Res. 290, 106th Cong.).
  Budget resolutions have established a point of order against a measure 
that would cause the total level of discretionary advance appropriations 
to exceed a set amount (secs. 202, 203, H. Con. Res. 290, 106th Cong.; 
sec. 201, H. Con. Res. 83, 107th Cong.; sec. 301, H. Con. Res. 353, 
107th Cong., deemed in place by H. Res. 428, 107th Cong., May 22, 2002, 
pp. 8675, 8676, and by sec. 3(a)(4), H. Res. 5, 108th Cong., Jan. 7, 
2003, p. 10; sec. 501, H. Con. Res. 95, 108th Cong.; sec. 401, S. Con. 
Res. 95, 108th

[[Page [1022]]]

Cong., May 19, 2004, deemed in place by H. Res. 649, 108th Cong., May 
19, 2004, p. _, and by sec. 3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 
2005, p. _; sec. 401, H. Con. Res. 95, 109th Cong.; sec. 206, S. Con. 
Res. 21, 110th Cong.; sec. 302, S. Con. Res. 70, 110th Cong.).
  Budget resolutions have 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 specified sections of titles III and IV of the Budget 
Act. The budget resolutions also have 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.; sec. 402, S. Con. Res. 95, 
108th Cong., May 19, 2004, deemed in place by H. Res. 649, 108th Cong., 
May 19, 2004, p. _, and by sec. 3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 
2005, p. _; sec. 402, H. Con. Res. 95, 109th Cong.; sec. 204, S. Con. 
Res. 21, 110th Cong.; sec. 301, S. Con. Res. 70, 110th Cong.). The 
concurrent resolution on the budget for fiscal year 2005 also provided 
that new budget authority, new entitlement authority, and outlays 
contained in a supplemental appropriation bill for fiscal year 2005 for 
overseas contingency operations related to the war or terrorism were not 
cognizable under sections 302, 303 and 401 of the Budget Act (sec. 403, 
S. Con. Res. 95, 108th Cong., May 19, 2004, deemed in place by H. Res. 
649, 108th Cong., May 19, 2004, p. _, and by sec. 3(a)(4), H. Res. 5, 
109th Cong., Jan. 4, 2005, p. _). Budget resolutions have also provided 
that new budget authority, outlays, or receipts resulting from 
appropriations for overseas deployments and related activities are not 
cognizable under titles III and IV of the Budget Act (sec. 207, S. Con. 
Res. 21, 110th Cong.; sec. 301, S. Con. Res. 70, 110th Cong.).
  The concurrent resolution on the budget for fiscal year 2006 included 
a provision permitting the chair of the Budget Committee to make 
adjustments to levels and allocations to conform to changes in concepts 
or definitions and a provision providing for a section 302(b) 
suballocation to the full Appropriations Committee for appropriations 
for the Legislative Branch (secs. 406, 410, H. Con. Res. 95, 109th 
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

[[Page [1023]]]

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) 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 rep

[[Page [1024]]]

        resentatives 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;
                  (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;

[[Page [1025]]]

                  (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 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 esti

[[Page [1026]]]

        mates, 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 Congressional 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.


[[Page [1027]]]


  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) (which was amended by Public Law 100-119) and (h). It 
also added a former subsection (i), which precluded consideration of a 
concurrent resolution on the budget exceeding the pertinent maximum 
deficit amount absent a three-fifths vote. That point of order was 
amended by Public Law 100-119 and was eliminated by the Budget 
Enforcement Act of 1990 (tit. XIII, P.L. 101-508). 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 added by the Budget 
Enforcement Act of 1990 (tit. XIII, P.L. 101-508) and later 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 
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, because 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 pe

[[Page [1028]]]

        riod 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--
                        (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

[[Page [1029]]]

        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 
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.--

[[Page [1030]]]

          (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 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 rev

[[Page [1031]]]

        enue 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 
        resolution 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

[[Page [1032]]]

        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.
  Clause 8 of rule XXI, adopted in the 110th Congress, provides that 
points of order under title III of the Budget Act apply to unreported 
measures (sec. 403, H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 
2007)). Previously, a point of order under section 302(f) operated with 
respect to a bill or joint resolution in its reported state and thus did 
not lie against consideration of an unreported measure (Mar. 21, 1995, 
p. 8491). The budget resolution deemed in place for fiscal year 2005 
provided that, for purposes of titles II and III of the Budget Act, the 
term ``amendment'' or ``amendment thereto'' means an amendment offered 
or an amendment made in order as original text or considered as adopted 
by special order of the House (sec. 406, S. Con. Res. 95, 108th Cong., 
May 19, 2004, deemed in place by H. Res. 649, 108th Cong., May 19, 2004, 
p. _, and by sec. 3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 2005, p. _.
  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 consideration of an appropriation bill before the filing 
of a report from the Appropriations Committee 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. 10), the Chair sustained a point of order under section 
302(c) against an amendment providing new budget authority where the 
Appropriations Committee

[[Page [1033]]]

had not reported section 302(b) suballocations (Jan. 8, 2003, p. 225; 
Jan. 28, 2003, p. 2009 (both sustained by tabling of appeal)).
  By way of example, the Chair has held the following as providing new 
budget authority in excess of the relevant allocations under section 
302(a), as authoritatively estimated by the Budget Committee pursuant to 
section 312(a), in violation of section 302(f): (1) 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 (sustained by tabling of 
appeal) (June 28, 2000, pp. 12736, 12751); (2) an amendment extending 
eligibility for Foster Care Maintenance Payments to a new class (Sept. 
14, 2005, p. _); (3) an amendment delaying the imposition of a monetary 
penalty resulting in a loss of offsetting receipts (July 18, 1991, p. 
18860).
  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. 10501). 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, pp. 11248, 11249). The 
Chair relies on authoritative estimates from the Budget Committee

[[Page [1034]]]

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 section 302(b) in violation of section 
302(f) (e.g., June 8, 2000, pp. 9942, 9943; June 12, 2000, pp. 10377, 
10378; Apr. 2, 2004, p. _).
  For a point of order against the motion to rise and report an 
appropriation bill to the House where the bill, as proposed to be 
amended, exceeds an applicable allocation of new budget authority under 
section 302(b) of the Congressional Budget Act of 1974, and procedures 
in the Committee of the Whole in the event that the point of order is 
sustained, see Sec. 1044b, infra.
  The 104th Congress authorized the chair of the Budget Committee 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 (H. Res. 231, July 24, 1985, p. 
20181; H. Res. 413, June 19, 1990, p. 14612; H. Res. 477, June 19, 1998, 
p. 12991; sec. 2(a), H. Res. 5, Jan. 6, 1999, p. 47; H. Res. 428, May 
22, 2002, pp. 8675, 8676; sec. 3(a)(4), H. Res. 5, Jan. 7, 2003, p. 10; 
H. Res. 649, May 19, 2004, p. _; sec. 3(a)(4), H. Res. 5, Jan. 4, 2005, 
p. _; sec. 2(a), H. Res. 818, May 18, 2006, p. _; sec. 511(a)(4), H. 
Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 2007)). 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. 428, 107th Cong., May 22, 2002, pp. 
8675, 8676, and by sec. 3, H. Res. 5, 108th Cong., Jan. 7, 2003, p. 10). 
The special allocation for surface transportation was carried in the 
budget resolution for fiscal year 2004 (sec. 501, H. Con. Res. 95, 108th 
Cong.) and in the budget resolution deemed in place for fiscal year 2005 
(sec. 401, S. Con. Res. 95, 108th Cong., May 19, 2004, deemed in place 
by H. Res. 649, 108th Cong., May 19, 2004, p. _, and by sec. 3(a)(4), H. 
Res. 5, 109th Cong., Jan. 4, 2005, p. _). Budget resolutions have 
established reserve funds in the House to support extra allocations for 
various propositions covering a broad range of subjects (e.g., secs. 
201-220, S. Con. Res. 70, 110th Cong.).

[[Page [1035]]]

   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--
          (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 appropria

[[Page [1036]]]

        tions 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, and 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.''
  Clause 8 of rule XXI, adopted in the 110th Congress, provides that 
points of order under title III of the Budget Act apply to unreported 
measures (sec. 403, H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 
2007)). Previously, a point of order under section 303(a) operated with 
respect to a bill or joint resolution in its reported state and thus did 
not lie against consideration of an unreported measure (Mar. 21, 1995, 
p. 8491), although it did lie against consideration of an amendment to 
an unreported measure (July 24, 1998, p. 17278). The budget resolution 
deemed in place for fiscal year 2005 provided that, for purposes of 
titles II and III of the Budget Act, the term ``amendment'' or 
``amendment thereto'' means an amendment offered or an amendment made in 
order as original text or considered as adopted by special order of the 
House (sec. 406, S. Con. Res. 95, 108th Cong., May 19, 2004, deemed in 
place by H. Res. 649, 108th Cong., May 19, 2004, p. _, and by sec. 
3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 2005, 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), because 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 mere 
continuations of entitlement authority that became effective in fiscal 
year 1977 (for which a concurrent resolution had been adopted), and 
because 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, p. 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

[[Page [1037]]]

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, p. 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 before 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 authority for the ensuing fiscal year before 
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 before 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. 17278).
  The Budget Committee 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

[[Page [1038]]]

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 through 111th 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. 47; sec. 3(b)(2), H. Res. 5, Jan. 3, 2001, p. 24; sec. 3(a)(2), 
H. Res. 5, Jan. 7, 2003, p. 10; sec. 3(a)(2), H. Res. 5, Jan. 4, 2005, 
p. _; sec. 511(a)(2), H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 
2007); sec. 3(a)(2), H. Res. 5, Jan. 6, 2009, 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. 12991; sec. 
2(a)(1), H. Res. 5, Jan. 6, 1999, p. 47; May 22, 2002, pp. 8675, 8676; 
sec. 3(a)(4), H. Res. 5, Jan. 7, 2003, p. 10; May 19, 2004, p. _; sec. 
3(a)(4), H. Res. 5, Jan. 4, 2005, p. _; May 18, 2006, p. _; sec. 
511(a)(4), H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 2007)).

      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 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

[[Page [1039]]]

        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.
          (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

[[Page [1040]]]

        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 10) 
and the addition of a one-day availability requirement for any report 
thereon from the Rules Committee. 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 relating to Senate procedure was made in 
subparagraphs (3) and (4). 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,

[[Page [1041]]]

the chair of the Budget Committee 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).
  Although 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 revenues, is privileged in the Senate under section 305(b) 
(May 21, 1996, pp. 11937-41).
  In the 96th Congress, for the first time, the Rules Committee 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, p. 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, 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. 12991; sec. 2(a)(1), H. Res. 5, Jan. 6, 
1999, p. 47; May 22, 2002, pp. 8675, 8676; sec. 3(a)(4), H. Res. 5, Jan. 
7, 2003, p. 10; May 19, 2004, p. _; sec. 3(a)(4), H. Res. 5, 109th 
Cong., Jan. 4, 2005, p. _; May 18, 2006, p. _; sec. 511(a)(4), H. Res. 
6, Jan. 4, 2007, p. _ (adopted Jan. 5, 2007)).

  (b) Procedure in Senate After Report of Committee; Debate; 
Amendments.--

[[Page [1042]]]

          (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 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 ger

[[Page [1043]]]

        mane 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 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,

[[Page [1044]]]

        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 resolution, 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. In the 107th through 111th 
Congresses,

[[Page [1045]]]

the House adopted orders construing the term ``resolution'' as ``joint 
resolution'' (sec. 3(b), H. Res. 5, Jan. 3, 2001, p. 24; sec. 3(a)(1), 
H. Res. 5, Jan. 7, 2003, p. 10; sec. 3(a)(1), H. Res. 5, Jan. 4, 2005, 
p. _; sec. 511(a)(1), H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 
2007); sec. 3(a)(1), H. Res. 5, Jan. 6, 2009, p. _). The 104th and 105th 
Congresses expanded the legislative jurisdiction of the Budget Committee 
(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, because 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. 16615); and (2) an 
amendment designating an appropriation as ``emergency spending'' within 
the meaning of the budget-enforcement laws (Sept. 8, 1999, p. 20930).
  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 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.

[[Page [1046]]]

   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 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

[[Page [1047]]]

        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.
          (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--

[[Page [1048]]]

          (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 
before 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 Rules Committee ``self-
executing'' the adoption in the House of an amendment providing new 
budget authority, because 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 because 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 peri

[[Page [1049]]]

odically 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 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

[[Page [1050]]]

          (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 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
                  (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--

[[Page [1051]]]

                        (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 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 amend

[[Page [1052]]]

        ment 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 instructions 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

[[Page [1053]]]

        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 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

[[Page [1054]]]

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. Clause 7 of rule XXI, adopted in the 110th 
Congress, places restrictions on reconciliation directives relative to 
the surplus or deficit (sec. 402, H. Res. 6, Jan. 4, 2007, p. _ (adopted 
Jan. 5, 2007)).

      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;
                  (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--

[[Page [1055]]]

                  (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.
          (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

[[Page [1056]]]

          (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).
  Clause 8 of rule XXI, adopted in the 110th Congress, provides that 
points of order under title III of the Budget Act apply to unreported 
measures (sec. 403, H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 
2007)). Previously, a point of order under section 311(a) operated with 
respect to a bill or joint resolution in its reported state and thus did 
not lie against consideration of an unreported measure (Mar. 21, 1995, 
p. 8491). The budget resolution deemed in place for fiscal year 2005 
provided that, for purposes of titles II and III of the Budget Act, the 
term ``amendment'' or ``amendment thereto'' means an amendment offered 
or an amendment made in order as original text or considered as adopted 
by special order of the House (sec. 406, S. Con. Res. 95, 108th Cong., 
May 19, 2004, deemed in place by H. Res. 649, 108th Cong., May 19, 2004, 
p. _, and by sec. 3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 2005, p. _). 
The House has adopted resolutions to deem budget resolutions, or 
portions thereof, to be in place for temporary enforcement (H. Res. 231, 
July 24, 1985, p. 20181; H. Res. 413, June 19, 1990, p. 14612; H. Res. 
477, June 19, 1998, p. 12991; sec. 2(a)(1), H. Res. 5, Jan. 6, 1999, p. 
47; H. Res. 428, May 22, 2002, pp. 8675, 8676; sec. 3(a)(4), H. Res. 5, 
Jan. 7, 2003, p. 10; H. Res. 649, May 19, 2004, p. _; sec. 3(a)(4), H. 
Res. 5, Jan. 4, 2005, p. _; sec 2(a), H. Res. 818, May 18, 2006, p. _; 
sec. 511(a)(4), H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 2007)).
  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 rescission of existing budget authority that 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

[[Page [1057]]]

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) because the appropriate level of new budget authority 
contained in the budget resolution had already been exceeded and because 
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 because 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 
that, 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, was held to allow new 
entitlement spending for the current fiscal year

[[Page [1058]]]

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 while an amendment or motion, the adoption 
of which

[[Page [1059]]]

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. 
6337). Clause 10 of rule XXI, adopted in the 110th Congress, provides 
for estimates from the Committee on the Budget on the effect of a 
measure on the surplus or deficit.

             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

[[Page [1060]]]

the bill and may not be offered as an amendment from the floor.

  (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

[[Page [1061]]]

authorized by the provision or likely to be proposed, court rulings on 
pending litigation, or relationships between economic 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

[[Page [1062]]]

consider the question of whether the Senate shall recede from its 
amendment and concur with a further amendment, 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). A provision that achieved a net 
reduction in revenue beyond the 10-year directive of the concurrent 
resolution on the budget was stricken under this section (July 28, 1999, 
pp. 18172, 18178). An amendment expressing the sense of the Senate 
presents nonbinding lan

[[Page [1063]]]

guage with no budgetary effect and is, therefore, in violation of this 
section (Oct. 27, 1995, p. 30379).

                               adjustments

  Sec. 314. (a) Adjustments.--
          (1) In general.--After the reporting of a bill or joint 
        resolution, the offering of an amendment thereto, 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);

[[Page [1064]]]

          (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--
                  (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.


[[Page [1065]]]


  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). Emergency 
designations for discretionary budget authority under section 314 are 
ineffectual because section 251 of the Balanced Budget and Emergency 
Deficit Control Act of 1985 has expired pursuant to Sec. 275 of that 
Act. Budget resolutions have 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 specified sections of title III and IV of the Budget 
Act. The budget resolutions also have 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.; sec. 402, S. Con. Res. 95, 
108th Cong., May 19, 2004, deemed in place by H. Res. 649, 108th Cong., 
May 19, 2004, p. _, and by sec. 3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 
2005, p. _; sec. 402, H. Con. Res. 95, 109th Cong.; sec. 204, S. Con. 
Res. 21, 110th Cong.; sec. 301, S. Con. Res. 70, 110th Cong.). The 
budget resolution adopted by the House in 2006 provided a specific 
amount of emergency spending that, to be exceeded, would require a vote 
of the Committee on the Budget to raise the relevant 302 allocation 
(sec. 501, H. Con. Res. 376, 109th Cong., May 18, 2006).

   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, 108th, 109th, and 110th 
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. 47; sec. 3(b)(2), H. 
Res. 5, Jan. 3, 2001, p. 24; sec. 3(a)(2), H. Res. 5, Jan. 7, 2003, p. 
10; sec. 3(a)(2), H. Res. 5, Jan. 4, 2005, p. _; sec. 511(a)(2), H. Res. 
6, Jan. 4, 2007, p. _ (adopted Jan. 5, 2007)). See clause 8 of rule XXI 
for similar treatment of unreported bills under title III.
  The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) 
established a new title VI that placed temporary limits on discretionary 
spending and provided mechanisms for enforcement that included those 
found in title

[[Page [1066]]]

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--
          (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 con

[[Page [1067]]]

        nection 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 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

[[Page [1068]]]

                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. 101-508) 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'' that 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 a Secretary 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).

[[Page [1069]]]

  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 that could become effective 
before 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 before 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, 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 Appropriations Committee for the 15-day 
period a bill reported by that committee that exceeded the total 
entitlement authority allocated to that committee in the joint 
statement, and also referred a subsequent bill reported by that 
committee that 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 practical effect because that section 
remained linked to section 302 rather than the overriding section 602. 
Before consideration of a bill in Committee of the Whole, the Speaker 
may discharge from the Union Calendar and refer to the Appropriations 
Committee for 15 days, pursuant to section 401(b), a bill that 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 
before 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

[[Page [1070]]]

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 Appropriations Committee pursuant to section 401(b) (Speaker 
O'Neill, June 5, 1979, p. 13385; June 6, 1979, p. 13665). The Speaker 
may exercise the 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, that 
has yet to be 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 
repayment 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 that 
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 that requires payments to individuals meeting certain 
qualifications, but that 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. 47), which expired upon the 
adoption of the budget resolution for fiscal year 2000. The 107th, 
108th, and 111th Congresses adopted that rule for the entire Congress 
(sec. 3(b)(3), H. Res. 5, Jan. 3, 2001, p. 24; sec. 3(a)(3), H. Res. 5, 
Jan. 7, 2003, p. 10; sec. 3(a)(3), H. Res. 5, Jan. 6, 2009, p. _). The 
109th and 110th Congresses adopted that rule for the entire Congress but 
limited its applicability to section 401 (sec. 3(a)(3), H. Res. 5, Jan. 
4, 2005, p. _; sec. 511(a)(3), H. Res. 6, Jan. 4, 2007, p. _ (adopted 
Jan. 5, 2007)).
  The former definition of new entitlement authority did not include 
revenue-sharing spending authority in the form of entitlements, because 
the exception from the definition of new spending authority for revenue-
shar

[[Page [1071]]]

ing 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.
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).

[[Page [1072]]]

  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). The General 
Accounting Office is now designated the Government Accountability Office 
(31 U.S.C. 702 note).

              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, 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.


[[Page [1073]]]


  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 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

[[Page [1074]]]

                        (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

    (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.

[[Page [1075]]]

          (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 
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; [or]

                  (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

[[Page [1076]]]

                    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.
          (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.

[[Page [1077]]]

          (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
          (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 Congres

[[Page [1078]]]

sional 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--
          (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

[[Page [1079]]]

        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 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

[[Page [1080]]]

        $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) 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:

[[Page [1081]]]

          (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.
  (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 en

[[Page [1082]]]

sure, 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 authorization 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

[[Page [1083]]]

                    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 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.

[[Page [1084]]]

  (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.
          (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.

[[Page [1085]]]

  (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 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.

[[Page [1086]]]

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 report, 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

[[Page [1087]]]

        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 or 426 must specify the precise language upon which the 
point of order is based (see e.g., May 23, 1996, p. 12283; May 14, 2008, 
p. _), and the content of estimates prepared under section 424 is a 
matter for debate (June 8, 2006, p _). A point of order under section 
426 raised against consideration of a resolution providing a special 
order of business must specify the precise language upon which the point 
of order is based (see e.g., June 10, 1998 p. 11853; June 26, 2001, p. 
11906), which may include a waiver of points of order against amendments 
(Jan. 28, 2009, p. _), 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 may be raised against a resolution that, by hereby 
adopting legislative text, effectively waives the application of section 
425 (Feb. 1, 2006, 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. 23712). A statutorily privileged 
joint resolution of approval may be subject to a point of order under 
section 425 (May 8, 2002, p. 7145). Debate on the point of order is on 
the question of considering the underlying text that is the subject of 
the point of order (May 14, 2008, p. _). 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. 11854). 
Under clause 11 of rule XVIII an amendment may be offered in the 
Committee of the Whole that proposes only to strike an unfunded mandate 
unless precluded by specific terms of a special order of the House 
(Sec. 991, supra).

                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--

[[Page [1088]]]

          (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 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

[[Page [1089]]]

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 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

[[Page [1090]]]

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 Rules Committee 
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 Rules Committee providing for 
consideration of a concurrent resolution on the budget does not lie 
based upon alleged violation of a statute that merely reaffirms the 
congressional commitment towards achieving balanced Federal budgets 
(P.L. 96-389), because the statute does not constitute a rule of the 
House and because 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 that 
only permits a (nonprivileged) bill to be considered in the House before 
three-day availability of the report thereon, but that 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 [1091]]]
[DOCID:hd162-93]                         


                     BUDGET ENFORCEMENT ACT OF 1990
                                                               Sec. 1129

                               __________

                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 [1092]]]

        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 [1093]]]

        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 [1094]]]

          (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 [1095]]]

                         LEGISLATIVE PROCEDURES
                             ENACTED IN LAW

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



[[Page [1097]]]
[DOCID:hd162-94]                         

                  LEGISLATIVE PROCEDURES ENACTED IN LAW

  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 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 ``legislative procedure'' 
statutes to convert provisions requiring simple or concurrent 
resolutions to provisions requiring joint resolutions.
  Many ``legislative procedure'' 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 ``legislative procedure'' procedures as may exist in 
current law. Nevertheless, because the House retains the constitutional 
right to

[[Page [1098]]]

change its rules at any time, the Committee on Rules may report a 
resolution varying the statutorily prescribed procedures for the House.
  Other ``legislative procedure'' 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 ``legislative 
procedure'' 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 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. 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.

 8.                       Pension Reform Act.

 9.                       Multiemployer Guarantees, Revised Schedules.

10.                       Atomic Energy Act Provisions on Nuclear Non-
                          Proliferation.

[[Page [1099]]]

11.                       Trade Provisions.

a.                        Import Relief.

b.                        Freedom of Emigration.

c.                        Nondiscriminatory Treatment.

d.                        ``Fast-Track'' Procedures.

e.                        Narcotics Control Provisions.

f.                        Customs Duties, Negotiation and Implementation 
                          of Trade Agreements.

g.                        Trade Promotion Authority.

h.                        U.S. Participation in WTO.

i.                        Burmese Freedom and Democracy Act.

j.                        Prohibition on import restrictions that would 
                          threaten to impair national security.

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.

f.                        Arms Export Control Act, Sec. 40(f).

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.                       Congressional Accountability Act of 1995.

27.                       Termination of Cuban Economic Embargo.

28.                       Congressional Review of Agency Rulemaking.

29.                       The Balanced Budget and Emergency Deficit 
                          Control Act of 1985.

30.                       Andean Counterdrug Initiative.

31.                       Medicare Cost Containment.

32.                       Minimum Standards for Identification of 
                          Documents.




              1. Executive Reorganization [5 U.S.C. 902-12]

                          Sec. 902. definitions

  For the purpose of this chapter--
          (1) ``agency'' means--

[[Page [1100]]]

                  (A) an Executive agency or part thereof; and
                  (B) an office or officer in the executive branch;
        but does include the Government Accountability Office or the 
        Comptroller General of the United States;
          (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

[[Page [1101]]]

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 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

[[Page [1102]]]

        transferring an executive department or independent regulatory 
        agency, or all the functions thereof, or consolidating two or 
        more executive departments or two 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

[[Page [1103]]]

        a day certain are excluded in the computation of any period of 
        time in which Congress is in continuous session.
  (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

[[Page [1104]]]

a resolution which specifies more than one reorganization plan.

           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.


[[Page [1105]]]



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 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

[[Page [1106]]]

          (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.
                                                            Sec. 1130(2)



      2. War Powers Resolution, Sec. Sec. 5-7 [50 U.S.C. 1544-1546]

  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

[[Page [1107]]]

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).

  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

[[Page [1108]]]

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 recommendations 
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 Resolu

[[Page [1109]]]

tion 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 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 (now 
Foreign Affairs) 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 date 
certain and provided for its consideration under a ``closed'' procedure 
(Mar. 12, 1998, p. 3398).
  In the 106th Congress the Committee on International Relations (now 
Foreign Affairs) 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. 7718).

[[Page [1110]]]

                                                            Sec. 1130(3)




        3. National Emergencies Act [50 U.S.C. 1601, 1621, 1622]

           title i--terminating existing declared emergencies

                            [50 U.S.C. 1601]

  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] 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

                            [50 U.S.C. 1621]

  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.

[[Page [1111]]]

                            [50 U.S.C. 1622]

  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--
          (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 declared 
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

[[Page [1112]]]

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 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 
Con

[[Page [1113]]]

gress a notice stating that such emergency is to continue in effect 
after such anniversary.

   A privileged motion to discharge a committee from further 
consideration of a joint resolution terminating an emergency is 
available after the measure has been referred to committee for 15 
calendar days (Nov. 7, 2005, p. _).
                                                            Sec. 1130(4)



     4. International Emergency Economic Powers Act [50 U.S.C. 1701]

  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,
                  (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

[[Page [1114]]]

        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.
                                                            Sec. 1130(5)



  5. District of Columbia Home Rule Act, Sec. Sec. 303(b), 602(c), 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 Saturday, Sunday, 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, 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 cir

[[Page [1115]]]

cumstances, and acts proposing amendments to title IV of this Act, and 
except as provided in section 462(c) 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 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 sub

[[Page [1116]]]

sequent 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--
          (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 dis

[[Page [1117]]]

charge 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.
  (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 Oversight and Government 
Reform) from a simple (now joint) resolution disapproving an act passed 
by the D.C. City Council before 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-

[[Page [1118]]]

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 Oversight and 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 
Committee on the District of Columbia (now Oversight and Government 
Reform) 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 that does not affect the U.S. Treasury is considered in the 
House (Dec. 20, 1979, p. 7303).
                                                           Sec. 1130(6A)




 6. Title X of the Congressional Budget and Impoundment Control Act of 
                                  1974

             a. impoundment control, Sec. Sec. 1011-13, 1017

                         [2 U.S.C. 682-84, 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 contin

[[Page [1119]]]

        uous 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 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

[[Page [1120]]]

        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 message 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;

[[Page [1121]]]

          (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.
  (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 com

[[Page [1122]]]

mittee 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, 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.

[[Page [1123]]]

  (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, 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

[[Page [1124]]]

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 minutes, 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

[[Page [1125]]]

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. 105-147), 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). Although the congressional 
review procedures remain in the law, the Court's 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)



    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 indi

[[Page [1126]]]

rectly, 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 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, Space, and Technology 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 resolu

[[Page [1127]]]

tion 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)]

  Sec. 4006. revised schedule; congressional procedures applicable-- * * 
* (b)(1) In order to place a revised schedule (other than a schedule 
described in subsection (a)(2) (C), (D), or (E) of this section) in 
effect, the corporation shall transmit the proposed schedule, its 
proposed effective date, and the reasons for its proposal to the 
Committee on Ways and Means and the Committee on Education and Labor 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 Education and Labor of the House of Representatives 
and to the Com

[[Page [1128]]]

mittee 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. 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.


[[Page [1129]]]


  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)




  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--
                  (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 Education and Labor 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 Education and 
Labor 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

[[Page [1130]]]

          (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 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 Education and Labor 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

[[Page [1131]]]

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'' (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 de

[[Page [1132]]]

scribed in paragraphs (4) through (7) of section 4006(b) [29 U.S.C. 
1306(b)(4)-(7)].
                                                           Sec. 1130(10)




10. Atomic Energy Act Provisions on Nuclear Non-Proliferation [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--
  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.

[[Page [1133]]]

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 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. Provided further, That an agreement for cooperation exempted 
by the President pursuant to subsection (a) of this section from any 
requirement contained in that subsection or an agreement exempted 
pursuant to section 104(a)(1) of the Henry J. Hyde United States-India 
Peaceful Atomic Energy Cooperation Act of 2006, shall not become 
effective unless the Congress adopts, and there is enacted, a joint 
resolution stating that the Congress does favor such agreement. During 
the sixty-day period the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of the Senate 
shall each hold hearings on the proposed agreement for cooperation and 
submit a report to their respective bodies recommending whether it 
should be approved or disapproved. Any such proposed agreement

[[Page [1134]]]

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 the 
elapse of the sixty-day period in which the agreement for cooperation in 
question is reviewed by the Congress.

  The authority of the President to exempt certain agreements with India 
under the Henry J. Hyde United States-India Peaceful Atomic Energy 
Cooperation Act of 2006 (sec. 104(f), P.L. 109-401) terminated upon 
enactment of the United States-India Nuclear Cooperation Approval and 
Nonproliferation Enhancement Act (sec. 101(c), P.L. 110-369).

                       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

[[Page [1135]]]

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 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]: * * *


[[Page [1136]]]


  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).

               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

[[Page [1137]]]

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 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

[[Page [1138]]]

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.--(a) 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, and there is enacted, a joint 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.

                     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,

[[Page [1139]]]

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 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 
proce

[[Page [1140]]]

dures 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
          (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

[[Page [1141]]]

        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) for an agreement for cooperation pursuant to section 123 
        of this Act, 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 ___.'',
          (B) for a determination under section 129 of this Act, a joint 
        resolution, the matter after the resolving clause of which is as 
        follows: ``That the Congress does not favor the determination 
        transmitted to the Congress by the President on ___.'', or
          (C) for a subsequent arrangement under section 201 of the 
        United States-India Nuclear Cooperation Approval and 
        Nonproliferation Enhancement Act, a joint resolution, the matter 
        after the resolving clause of which is as follows: ``That the 
        Congress does not favor the subsequent arrangement to the 
        Agreement for Cooperation Between the Government of the United 
        States of America and the Government of India Concerning 
        Peaceful Uses of Nuclear Energy that was transmitted to Congress 
        by the President on September 10, 2008.'',
  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

[[Page [1142]]]

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.
  (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 (or in the case of a joint resolution related to a 
subsequent arrangement under section 201 of the United States-India 
Nuclear Cooperation Approval and Nonproliferation Enhancement Act, 15 
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 (or in the case of a 
joint resolution related to a subsequent arrangement under section 201 
of the United States-India Nuclear Cooperation Approval and 
Nonproliferation Enhancement Act, 15-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

[[Page [1143]]]

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.

                         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 pe

[[Page [1144]]]

        riod 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;

                                  * * *

                                                          Sec. 1130(11A)



                          11. Trade Provisions

                       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--

[[Page [1145]]]

          (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.

  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. 7136).
                                                          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.

[[Page [1146]]]

  (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--
          (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))

[[Page [1147]]]

        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).
  (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 ex

[[Page [1148]]]

tension 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 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, respec

[[Page [1149]]]

        tively, 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--
          (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 fol

[[Page [1150]]]

        lows: ``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 
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

[[Page [1151]]]

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.
  (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 imple

[[Page [1152]]]

menting 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 consideration 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

[[Page [1153]]]

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, 
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, 17813). 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).

[[Page [1154]]]

                  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 ___ 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

[[Page [1155]]]

          (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 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 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.

[[Page [1156]]]

  (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.
  (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

[[Page [1157]]]

        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 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

[[Page [1158]]]

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 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.

[[Page [1159]]]

  (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 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.

[[Page [1160]]]

                                                          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. Tariff treatment of products of uncooperative major drug 
producing or drug-transit countries.
  (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 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-- * * *

[[Page [1161]]]

                                  * * *

  (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.
  (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; * * *

[[Page [1162]]]

                                  * * *

                                                          Sec. 1130(11F)

       f. omnibus trade and competitiveness act of 1988, Sec. 1103

                            [19 U.S.C. 2903]

sec. 1103. implementation of trade agreements
  (a) In general--
          (1) Any agreement entered into under section 1102(b) or (c) 
        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 he enters into the trade agreement, 
                notifies the House of Representatives and the Senate of 
                his intention to enter into the agreement, and promptly 
                thereafter publishes notice of such intention in the 
                Federal Register;
                  (B) after entering into the agreement, the President 
                submits a document to the House of Representatives and 
                to the Senate containing a copy of the final legal text 
                of the agreement, together with--
                        (i) a draft of an implementing bill,
                        (ii) a statement of any administrative action 
                    proposed to implement the trade agreement, and
                        (iii) the supporting information described in 
                    paragraph (2); and
                  (C) the implementing bill is enacted into law.

                                  * * *

  (b) Application of Congressional ``fast track'' procedures to 
implementing bills--
          (1) Except as provided in subsection (c) of this section--
                  (A) the provisions of section 151 of the Trade Act of 
                1974 (hereinafter in this section referred to as ``fast 
                track procedures'') apply to implementing bills 
                submitted with respect to trade agreements entered into 
                under section 1102(b) or (c) of this title before June 
                1, 1991; and
                  (B) such fast track procedures shall be extended to 
                implementing bills submitted with respect to trade 
                agreements entered into under section

[[Page [1163]]]

                2902(b) or (c) of this title after May 31, 1991, and 
                before June 1, 1993, 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, 1991.
          (2) If the President is of the opinion that the fast track 
        procedures should be extended to implementing bills described in 
        paragraph (1)(B), the President must submit to the Congress, no 
        later than March 1, 1991, a written report that contains a 
        request for such extension, together with--
                  (A) a description of all trade agreements that have 
                been negotiated under section 1102(b) or (c) of this 
                title and the anticipated schedule for submitting such 
                agreements to the Congress for approval;
                  (B) a description of the progress that has been made 
                in multilateral and bilateral negotiations to achieve 
                the purposes, policies, and objectives of this title, 
                and a statement that such progress justifies the 
                continuation of negotiations; and
                  (C) a statement of the reasons why the extension is 
                needed to complete the negotiations.
          (3) The President shall promptly inform the Advisory Committee 
        for Trade Policy and Negotiations established under section 135 
        of the Trade Act of 1974 of his decision to submit a report to 
        Congress under paragraph (2). The Advisory Committee shall 
        submit to the Congress as soon as practicable, but no later than 
        March 1, 1991, a written report that contains--
                  (A) its views regarding the progress that has been 
                made in multilateral and bilateral negotiations to 
                achieve the purposes, policies, and objectives of this 
                title; and
                  (B) a statement of its views, and the reasons 
                therefor, regarding whether the extension requested 
                under paragraph (2) should be approved or disapproved.
          (4) The reports submitted to the Congress under paragraphs (2) 
        and (3), or any portion of the reports, may be classified to the 
        extent the President determines appropriate.
          (5)(A) For purposes of this subsection, the term ``extension 
        disapproval resolution'' means a resolution of

[[Page [1164]]]

        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 1103(b)(1)(B)(i) of the Omnibus Trade and 
        Competitiveness Act of 1988, of the provisions of section 151 of 
        the Trade Act of 1974 to any implementing bill submitted with 
        respect to any trade agreement entered into under section 
        1102(b) or (c) of such Act after May 31, 1991, because 
        sufficient tangible progress has not been made in trade 
        negotiations.'', 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 jointly referred, in the House of 
                Representatives, to the Committee on Ways and Means and 
                the Committee on Rules.
          (C) The provisions of section 152(d) and (e) of the Trade Act 
        of 1974 (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 the Committee on Rules; 
                or
                  (iii) either House of the Congress to consider an 
                extension disapproval resolution that is reported to 
                such House after May 15, 1991.
  (c) Limitations on use of ``fast track'' procedures--
          (1)(A) The fast track procedures shall not apply to any 
        implementing bill submitted with respect to a trade agreement 
        entered into under section 1102(b) or (c) if both Houses of the 
        Congress separately agree to procedural disapproval resolutions 
        within any 60-day period.
          (B) Procedural disapproval resolutions--
                  (i) in the House of Representatives--
                        (I) shall be introduced by the chairman or 
                    ranking minority member of the Committee on Ways and 
                    Means or the chairman or ranking minority member of 
                    the Committee on Rules,

[[Page [1165]]]

                        (II) shall be jointly referred to the Committee 
                    on Ways and Means and the Committee on Rules, and
                        (III) may not be amended by either Committee; 
                    and
                  (ii) in the Senate shall be original resolutions of 
                the Committee on Finance.
          (C) The provisions of section 152(d) and (e) of the Trade Act 
        of 1974 (relating to the floor consideration of certain 
        resolutions in the House and Senate) apply to procedural 
        disapproval resolutions.
          (D) 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 the Committee on Rules.
          (E) For purposes of this subsection, the term ``procedural 
        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 President has failed or refused 
        to consult with Congress on trade negotiations and trade 
        agreements in accordance with the provisions of the Omnibus 
        Trade and Competitiveness Act of 1988, and, therefore, the 
        provisions of section 151 of the Trade Act of 1974 shall not 
        apply to any implementing bill submitted with respect to any 
        trade agreement entered into under section 1102(b) or (c) of 
        such Act of 1988, if, during the 60-day period beginning on the 
        date on which this resolution is agreed to by the ___, the ___ 
        agrees to a procedural disapproval resolution (within the 
        meaning of section 1103(c)(1)(E) of such Act of 1988).'', with 
        the first blank space being filled with the name of the 
        resolving House of the Congress and the second blank space being 
        filled with the name of the other House of the Congress.
          (2) The fast track procedures shall not apply to any 
        implementing bill that contains a provision approving of any 
        trade agreement which is entered into under section 1102(c) with 
        any foreign country if either--
                  (A) the requirements of section 1102(c)(3) are not met 
                with respect to the negotiation of such agreement; or
                  (B) the Committee on Finance of the Senate or the 
                Committee on Ways and Means of the House of 
                Representatives disapproves of the negotiation of such 
                agreement before the close of the 60-day

[[Page [1166]]]

                period which begins on the date notice is provided under 
                section 1102(c)(3)(C)(i) with respect to the negotiation 
                of such agreement.
  (d) Rules of House of Representatives and Senate subsections (b) and 
(c) of this section 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 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.
  (e) Computation of certain periods of time--Each period of time 
described in subsection (c)(1)(A) and (E) and (2) of this section shall 
be computed without regard to--
          (1) the days on which either House of Congress 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 of the Congress is not in session.

                                                          Sec. 1130(11G)

   g. 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 [1167]]]

                  (A) may enter into trade agreements with foreign 
                countries before--
                        (i) July 1, 2005; or
                        (ii) July 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.

                                  * * *

  (b) Agreements Regarding Tariff and Nontariff Barriers.--
          (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.

[[Page [1168]]]

          (C) The President may enter into a trade agreement under this 
        paragraph before--
                  (i) July 1, 2005; or
                  (ii) July 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--
                  (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)--

[[Page [1169]]]

                        (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 July 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 April 
        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
                  (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 Inter

[[Page [1170]]]

                national Trade Commission shall submit to the Congress 
                as soon as practicable, but not later than June 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 implementing 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

[[Page [1171]]]

                  (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.

  (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 re

[[Page [1172]]]

        lated 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.
          (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

[[Page [1173]]]

                    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
                  (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

[[Page [1174]]]

        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 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.
  (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

[[Page [1175]]]

                  (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).
                  (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.

[[Page [1176]]]

                  (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;
                        (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.
                  (iv)\1\ Resolutions in the Senate--
---------------------------------------------------------------------------
  \1\ So in original; two clauses (iv) have been enacted.
---------------------------------------------------------------------------
                        (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)\2\ 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.
---------------------------------------------------------------------------
  \2\ So in original; two clauses (iv) have been enacted.
---------------------------------------------------------------------------
                  (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 resolu

[[Page [1177]]]

                tions 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.
          (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 var

[[Page [1178]]]

        ious analyses and conclusions, including those of the Commission 
        regarding the agreement.

sec. 2105. implementation of trade agreements. [19 U.S.C. 3805]

  (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--
                        (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

[[Page [1179]]]

                        (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 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.--

[[Page [1180]]]

          (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 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 re

[[Page [1181]]]

spect 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 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.

[[Page [1182]]]

          (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, in the same manner, and 
        to the same extent as any other rule of that House.

                                                          Sec. 1130(11H)

  h. u.s. participation in wto, uruguay round agreements act, Sec. 125

                            [19 U.S.C. 3535]

  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

[[Page [1183]]]

        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.
          (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

[[Page [1184]]]

        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 motion 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,

[[Page [1185]]]

        in the same manner, and to the same extent as any other rule of 
        that House.

  In the 106th and 109th Congresses 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. 11704; H. J. Res. 27, June 9, 
2005, p. _).

                                                          Sec. 1130(11I)

              i. burmese freedom and democracy act, Sec. 9

                          [50 U.S.C. 1701 note]

  Sec. 9. duration of sanctions.--
  (a) Termination by Request From Democratic Burma.--The President may 
terminate any provision in this Act upon the request of a democratically 
elected government in Burma, provided that all the conditions in section 
3(a)(3) have been met.
  (b) Continuation of Import Sanctions.--
          (1) Expiration.--The import restrictions contained in section 
        3(a)(1) shall expire 1 year from the date of enactment of this 
        Act unless renewed under paragraph (2) of this section.
          (2) Resolution by congress.--The import restrictions contained 
        in section 3(a)(1) may be renewed annually for a 1-year period 
        if, prior to the anniversary of the date of enactment of this 
        Act, and each year thereafter, a renewal resolution is enacted 
        into law in accordance with subsection (c).
          (3) Limitation.--The import restrictions contained in section 
        3(a)(1) may be renewed for a maximum of six years from the date 
        of the enactment of this Act.
          (4) Rule of construction.--For purposes of this subsection, 
        any reference to section 3(a)(1) shall be deemed to include a 
        reference to section 3A(b)(1) and (c)(1).
  (c) Renewal Resolutions.--
          (1) In general.--For purposes of this section, the term 
        ``renewal resolution'' means a joint resolution of the 2 Houses 
        of Congress, the sole matter after the resolving clause of which 
        is as follows: ``That Congress approves the renewal of the 
        import restrictions contained in section 3(a)(1) and section 
        3A(b)(1) and (c)(1) of the Burmese Freedom and Democracy Act of 
        2003.''.
          (2) Procedures.--
                  (A) In general.--A renewal resolution--

[[Page [1186]]]

                        (i) may be introduced in either House of 
                    Congress by any member of such House at any time 
                    within the 90-day period before the expiration of 
                    the import restrictions contained in section 3(a)(1) 
                    and section 3A(b)(1) and (c)(1); and
                        (ii) the provisions of subparagraph (B) shall 
                    apply.
                  (B) Expedited consideration.--The provisions of 
                section 152(b), (c), (d), (e), and (f) of the Trade Act 
                of 1974 (19 U.S.C. 2192 (b), (c), (d), (e), and (f)) 
                apply to a renewal resolution under this Act as if such 
                resolution were a resolution described in section 152(a) 
                of the Trade Act of 1974.

                                                          Sec. 1130(11J)

  j. prohibition on import restrictions that would threaten to impair 
                   national security [19 U.S.C. 1862]

  Sec. 1862. .Safeguarding national security-- * * *
  (f) Congressional disapproval of Presidential adjustment of imports of 
petroleum or petroleum products; disapproval resolution--
          (1) An action taken by the President under subsection (c) of 
        this section to adjust imports of petroleum or petroleum 
        products shall cease to have force and effect upon the enactment 
        of a disapprovalresolution, provided for in paragraph (2), 
        relating to that action.
          (2)(A) This paragraph is enacted by the Congress--
                  (i) 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, but applicable only with respect to the 
                procedures to be followed in that House in the case of 
                disapproval resolutions and such procedures supersede 
                other rules only to the extent that they are 
                inconsistent therewith; and
                  (ii) with the 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 any other 
                rule of that House.
          (B) For purposes of this subsection, the term ``disapproval 
        resolution'' means only a joint resolution of either House of 
        Congress the matter after the resolving clause of which is as 
        follows: ``That the Congress

[[Page [1187]]]

        disapproves the action taken under section 232 of the Trade 
        Expansion Act of 1962 with respect to petroleum imports under 
        ___ dated ___.'', the first blank space being filled with the 
        number of the proclamation, Executive order, or other Executive 
        act issued under the authority of subsection (c) of this section 
        for purposes of adjusting imports of petroleum or petroleum 
        products and the second blank being filled with the appropriate 
        date.
          (C)(i) All disapproval resolutions introduced in the House of 
        Representatives shall be referred to the Committee on Ways and 
        Means and all disapproval resolutions introduced in the Senate 
        shall be referred to the Committee on Finance.
          (ii) No amendment to a disapproval resolution shall be in 
        order in either the House of Representatives or the Senate, and 
        no motion to suspend the application of this clause 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 clause by unanimous consent.

                                                           Sec. 1130(12)




    12. Federal Salary Act of 1967, Sec. 225(h)-(j) [2 U.S.C. 358-60]

  Sec. 225. citizens' commission on public service and compensation.-- * 
* *

  (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.

[[Page [1188]]]

  (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 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

[[Page [1189]]]

        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 
recommendations concerning that report in the fiscal year 1988 Budget 
message (Jan. 5, 1987, H. Doc. 100-11). Because 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 the 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).

  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

[[Page [1190]]]

          ``(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]

                      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, 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

[[Page [1191]]]

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
          (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

[[Page [1192]]]

        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 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.

[[Page [1193]]]

  (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 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).

[[Page [1194]]]

                                                           Sec. 1130(14)




     14. Extensions of Emergency Energy Authorities [42 U.S.C. 8374]

  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 
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

[[Page [1195]]]

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]

  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 Secretary 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

[[Page [1196]]]

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)




                         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 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

[[Page [1197]]]

of such Organization, Japan, Australia, the Republic of Korea, 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 committee 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).

[[Page [1198]]]

                                                          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, the Republic of Korea, 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.
  (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.

[[Page [1199]]]

                                                          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, the Republic 
        of Korea, 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 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.

[[Page [1200]]]

  (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;

                                  * * *

  (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

[[Page [1201]]]

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, the Republic of Korea, 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 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.

[[Page [1202]]]

  (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, the 
        Republic of Korea, 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,
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

[[Page [1203]]]

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 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,

[[Page [1204]]]

Japan, the Republic of Korea, 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, 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.
  (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

[[Page [1205]]]

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, the Republic of Korea, 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, the Republic of Korea, or New 
Zealand, the limitations in paragraph (1) shall apply only if the 
agreement involves a lease or loan of--
          (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.

[[Page [1206]]]

  (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(16F)

                   f. arms export control act, Sec. 40

 transactions with countries supporting acts of international terrorism.

                            [22 U.S.C. 2780]

  Sec. 40. Transactions with Countries Supporting Acts of International 
Terrorism.

                                  * * *

  (f) Rescission.--(1) A determination made by the Secretary of State 
under subsection (d) may not be rescinded unless the President submits 
to the Speaker of the House of Representatives and the chairman of the 
Committee on Foreign Relations of the Senate--
          (A) before the proposed rescission would take effect, a report 
        certifying that--
                  (i) there has been a fundamental change in the 
                leadership and policies of the government of the country 
                concerned;
                  (ii) that government is not supporting acts of 
                international terrorism; and
                  (iii) that government has provided assurances that it 
                will not support acts of international terrorism in the 
                future; or
          (B) at least 45 days before the proposed rescission would take 
        effect, a report justifying the rescission and certifying that--
                  (i) the government concerned has not provided any 
                support for international terrorism during the preceding 
                6-month period; and
                  (ii) the government concerned has provided assurances 
                that it will not support acts of international terrorism 
                in the future.

[[Page [1207]]]

  (2) (A) No rescission under paragraph (1)(B) of a determination under 
subsection (d) may be made if the Congress, within 45 days after receipt 
of a report under paragraph (1)(B), enacts a joint resolution the matter 
after the resolving clause of which is as follows: ``That the proposed 
rescission of the determination under section 40(d) of the Arms Export 
Control Act pursuant to the report submitted to the Congress on ___ is 
hereby prohibited.'', the blank to be completed with the appropriate 
date.
  (B) A joint resolution described in subparagraph (A) and introduced 
within the appropriate 45-day period shall be considered in the Senate 
and the House of Representatives in accordance with paragraphs (3) 
through (7) of section 8066(c) of the Department of Defense 
Appropriations Act (as contained in Public Law 98-473), except that 
references in such paragraphs to the Committees on Appropriations of the 
House of Representatives and the Senate shall be deemed to be references 
to the Committee on Foreign Affairs of the House of Representatives and 
the Committee on Foreign Relations of the Senate, respectively.

                                  * * *

                                                           Sec. 1130(17)



   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

[[Page [1208]]]

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 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)




 18. Alaska Natural Gas Transportation Act of 1976, Sec. Sec. 8, 9 [15 
                           U.S.C. 719f, 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.

[[Page [1209]]]

  (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 submitted 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.

[[Page [1210]]]

  (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 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) 
there

[[Page [1211]]]

of) 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 provision 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 
trans

[[Page [1212]]]

portation 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 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]

  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

[[Page [1213]]]

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.
                                                           Sec. 1130(20)




  20. Alaska National Interest Lands Conservation Act, Sec. Sec. 1502, 
                       1503 [16 U.S.C. 3232, 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 [1214]]]

                     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 [1215]]]

                                                          Sec. 1130(21A)



   21. Federal Land Policy and Management Act of 1976 [43 U.S.C. 1701]

                          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 [1216]]]

        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 [1217]]]

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 [1218]]]

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 [1219]]]

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 [1220]]]

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]

  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 [1221]]]

        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 [1222]]]

          (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]

  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 [1223]]]

        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 [1224]]]

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]

 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 per

[[Page [1225]]]

tains; and the last blank space in such resolution shall be filled with 
the date of such submission.
  (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.

[[Page [1226]]]

  (2) Resolutions of repository siting approval shall, upon 
introduction, be immediately referred by the Speaker of 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.

[[Page [1227]]]

  (f) computation of days.--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 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. 7145). 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. 7145).
                                                          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

[[Page [1228]]]

storage capacity at such site was disapproved by such Governor or 
legislature or the governing body of such Indian tribe.
  (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 [1229]]]

                                                          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 [1230]]]

                                  * * *

                     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)




                25. Defense Base Closure and Realignment

  a. defense base closure and realignment act of 1990, Sec. Sec. 2903, 
                               2904, 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

[[Page [1231]]]

to the President a report containing the Commission's 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

[[Page [1232]]]

        to the Congress by the President pursuant to section 2903(e);
          (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.

                                  * * *

[[Page [1233]]]

       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 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 with

[[Page [1234]]]

out 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 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 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).

[[Page [1235]]]

          (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
                  (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.

                                  * * *

  The House has considered joint resolutions pursuant to this section in 
the full House by special rule (July 30, 1991, p. 20315) and by 
unanimous consent (Sept. 8, 1995, p. 24129), and in the Committee of the 
Whole by motion (Oct. 27, 2005, p. _), in which case the Committee rose 
without motion at the conclusion of debate and the question on passage 
was put without intervening motion. Managers in the Committee of the 
Whole yielded control of portions of their time by unanimous consent 
(Oct. 27, 2005, p. _). The manager calling up a joint resolution 
pursuant to this section is entitled to close debate thereon (even when 
opposed, as in the case of a joint resolution reported adversely) (Oct. 
27, 2005, p. _). The House by special rule restricted the availability 
of the motion to proceed to consider a joint resolution pursuant to this 
section (Sept. 29, 2005, p. _).

[[Page [1236]]]

                                                          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 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. Congressional Accountability Act of 1995, Sec. 304 [2 U.S.C. 1384]

  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 exemp

[[Page [1237]]]

        tions 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;

  (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

[[Page [1238]]]

        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.--
          (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

[[Page [1239]]]

        ___ 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 appropriately 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). On December 19, 1995, the House agreed to a resolution and a 
concurrent resolution providing ``provisional'' approval of regulations 
not yet promulgated (H. Res. 311, p. 37590; H. Con. Res. 123, p. 37632).

[[Page [1240]]]

                                                           Sec. 1130(27)



  27. 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 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 re

[[Page [1241]]]

        ferred 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.
          (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(28)




 28. Congressional Review of Agency Rulemaking [5 U.S.C. 801, 802, 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;

[[Page [1242]]]

          (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 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).

[[Page [1243]]]

  (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 reissued 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

[[Page [1244]]]

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
          (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).

[[Page [1245]]]

  (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 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 enter

[[Page [1246]]]

                prises 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;
                  (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.

                                  * * *

  In compliance with the requirement of the Act that ``major'' final 
regulations submitted later than a certain number of days before the end 
of a legislative session be treated as though received on a legislative 
day certain in the next session, the Congressional Record of that 
subsequent legislative day contained a notice of the resubmission of all 
such ``grandfathered'' regulations (e.g., Mar. 1, 2000, p. 1851; Mar. 4, 
2002, p. 2354; Mar. 1, 2004, p. _).
                                                           Sec. 1130(29)




29. 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--

[[Page [1247]]]

          (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.

* * * * *
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

[[Page [1248]]]

                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 
        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)--

[[Page [1249]]]

          (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 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:

[[Page [1250]]]

                  (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--
                        (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

[[Page [1251]]]

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 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.

* * * * *


[[Page [1252]]]


  (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.
          (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.

[[Page [1253]]]

                                                           Sec. 1130(30)




                    30. Andean Counterdrug Initiative

emergency supplemental act, 2000 Sec. 3204 [p.l. 106-246, 114 stat. 511, 
 576, as amended by p.l. 107-115, 115 stat. 2131 and p.l. 108-199, 118 
                               stat. 210]

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 [1254]]]

        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 the appropriate 
congressional committees 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) quarterly reports.--Beginning within 90 days of the date of the 
enactment of this Act, and every 90 days

[[Page [1255]]]

thereafter, the President shall submit a report to the appropriate 
congressional committees 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 [1256]]]

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 [1257]]]

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 [1258]]]

        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.

                                                           Sec. 1130(31)




31. Medicare Cost Containment; Medicare Prescription Drug, Improvement, 
 and Modernization Act of 2003, Sec. Sec. 802-804 [31 U.S.C. 1105, 1105 
                                  note]

         Sec. 1105. budget contents and submission to Congress.

                                  * * *

  (h)(1) If there is a medicare funding warning under section 801(a)(2) 
of the Medicare Prescription Drug, Improvement, and Modernization Act of 
2003 made in a year, the President shall submit to Congress, within the 
15-day period beginning on the date of the budget submission to Congress 
under subsection (a) for the succeeding year, proposed legislation to 
respond to such warning.
  (2) Paragraph (1) does not apply if, during the year in which the 
warning is made, legislation is enacted which eliminates excess general 
revenue medicare funding (as defined in section 801(c) of the Medicare 
Prescription Drug, Improvement, and Modernization Act of 2003) for the 
7-fiscal-year reporting period, as certified by the Board of Trustees of 
each medicare trust fund (as defined in section 801(c)(5) of such Act) 
not later than 30 days after the date of the enactment of such 
legislation.

          Sec. 803. procedures in the house of representatives.

                          [31 U.S.C. 1105 note]

  (a) Introduction and Referral of President's Legislative Proposal.--
          (1) Introduction.--In the case of a legislative proposal 
        submitted by the President pursuant to section 1105(h) of title 
        31, United States Code, within the 15-day period specified in 
        paragraph (1) of such section,

[[Page [1259]]]

        the Majority Leader of the House of Representatives (or his 
        designee) and the Minority Leader of the House of 
        Representatives (or his designee) shall introduce such proposal 
        (by request), the title of which is as follows: ``A bill to 
        respond to a medicare funding warning.'' Such bill shall be 
        introduced within 3 legislative days after Congress receives 
        such proposal.
          (2) Referral.--Any legislation introduced pursuant to 
        paragraph (1) shall be referred to the appropriate committees of 
        the House of Representatives.
  (b) Direction to the Appropriate House Committees.--
          (1) In general.--In the House, in any year during which the 
        President is required to submit proposed legislation to Congress 
        under section 1105(h) of title 31, United States Code, the 
        appropriate committees shall report medicare funding legislation 
        by not later than June 30 of such year.
          (2) Medicare funding legislation.--For purposes of this 
        section, the term ``medicare funding legislation'' means--
                  (A) legislation introduced pursuant to subsection 
                (a)(1), but only if the legislative proposal upon which 
                the legislation is based was submitted within the 15-day 
                period referred to in such subsection; or
                  (B) any bill the title of which is as follows: ``A 
                bill to respond to a medicare funding warning.''.
          (3) Certification.--With respect to any medicare funding 
        legislation or any amendment to such legislation to respond to a 
        medicare funding warning, the chairman of the Committee on the 
        Budget of the House shall certify--
                  (A) whether or not such legislation eliminates excess 
                general revenue medicare funding (as defined in section 
                801(c)) for each fiscal year in the 7-fiscal-year 
                reporting period; and
                  (B) with respect to such an amendment, whether the 
                legislation, as amended, would eliminate excess general 
                revenue medicare funding (as defined in section 801(c)) 
                for each fiscal year in such 7-fiscal-year reporting 
                period.
  (c) Fallback Procedure for Floor Consideration if the House Fails to 
Vote on Final Passage by July 30.--

[[Page [1260]]]

          (1) After July 30 of any year during which the President is 
        required to submit proposed legislation to Congress under 
        section 1105(h) of title 31, United States Code, unless the 
        House of Representatives has voted on final passage of any 
        medicare funding legislation for which there is an affirmative 
        certification under subsection (b)(3)(A), then, after the 
        expiration of not less than 30 calendar days (and concurrently 5 
        legislative days), it is in order to move to discharge any 
        committee to which medicare funding legislation which has such a 
        certification and which has been referred to such committee for 
        30 calendar days from further consideration of the legislation.
          (2) A motion to discharge may be made only by an individual 
        favoring the legislation, may be made only if supported by one-
        fifth of the total membership of the House (a quorum being 
        present), and is highly privileged in the House. Debate thereon 
        shall be limited to not more than one hour, the time to be 
        divided in the House equally between those favoring and those 
        opposing the motion. 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.
          (3) Only one motion to discharge a particular committee may be 
        adopted under this subsection in any session of a Congress.
          (4) Notwithstanding paragraph (1), it shall not be in order to 
        move to discharge a committee from further consideration of 
        medicare funding legislation pursuant to this subsection during 
        a session of a Congress if, during the previous session of the 
        Congress, the House passed medicare funding legislation for 
        which there is an affirmative certification under subsection 
        (b)(3)(A).
  (d) Floor Consideration in the House of Discharged Legislation.--
          (1) In the House, not later than 3 legislative days after any 
        committee has been discharged from further consideration of 
        legislation under subsection (c), the Speaker shall resolve the 
        House into the Committee of the Whole for consideration of the 
        legislation.
          (2) The first reading of the legislation shall be dispensed 
        with. All points of order against consideration of the 
        legislation are waived. General debate shall be confined to the 
        legislation and shall not exceed five

[[Page [1261]]]

        hours, which shall be divided equally between those favoring and 
        those opposing the legislation. After general debate the 
        legislation shall be considered for amendment under the five-
        minute rule. During consideration of the legislation, no 
        amendments shall be in order in the House or in the Committee of 
        the Whole except those for which there has been an affirmative 
        certification under subsection (b)(3)(B). All points of order 
        against consideration of any such amendment in the Committee of 
        the Whole are waived. The legislation, together with any 
        amendments which shall be in order, shall be considered as read. 
        During the consideration of the bill for amendment, the chairman 
        of the Committee of the Whole may accord priority in recognition 
        on the basis of whether the Member offering an amendment has 
        caused it to be printed in the portion of the Congressional 
        Record designated for that purpose in clause 8 of Rule XVIII of 
        the Rules of the House of Representatives. Debate on any 
        amendment shall not exceed one hour, which shall be divided 
        equally between those favoring and those opposing the amendment, 
        and no pro forma amendments shall be offered during the debate. 
        The total time for debate on all amendments shall not exceed 10 
        hours. At the conclusion of consideration of the legislation for 
        amendment, the Committee shall rise and report the legislation 
        to the House with such amendments as may have been adopted. The 
        previous question shall be considered as ordered on the 
        legislation and amendments thereto to final passage without 
        intervening motion except one motion to recommit with or without 
        instructions. If the Committee of the Whole rises and reports 
        that it has come to no resolution on the bill, then on the next 
        legislative day the House shall, immediately after the third 
        daily order of business under clause 1 of Rule XIV of the Rules 
        of the House of Representatives, resolve into the Committee of 
        the Whole for further consideration of the bill.
          (3) 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 such legislation shall be decided 
        without debate.
          (4) Except to the extent specifically provided in the 
        preceding provisions of this subsection, consideration of any 
        such legislation and amendments thereto (or

[[Page [1262]]]

        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.
  (e) Legislative Day Defined.--As used in this section, the term 
``legislative day'' means a day on which the House of Representatives is 
in session.
  (f) Restriction on Waiver.--In the House, the provisions of this 
section may be waived only by a rule or order proposing only to waive 
such provisions.
  (g) Rulemaking Power.--The provisions of this section are enacted by 
the Congress--
          (1) as an exercise of the rulemaking power of the House of 
        Representatives and, as such, shall be considered as part of the 
        rules of that House and shall supersede other rules only to the 
        extent that they are inconsistent therewith; and
          (2) with full recognition of the constitutional right of that 
        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.

                   Sec. 804. procedures in the senate.

                          [31 U.S.C. 1105 note]

                                  * * *

  The House has provided that section 803 not apply during a Congress 
(sec. 3(e), H. Res. 5, Jan. 6, 2009, p. _) or a portion thereof (July 
24, 2008, p. _).
                                                           Sec. 1130(32)




  32. Minimum Standards for Identification of Documents; Intelligence 
Reform and Terrorism Prevention Act of 2004, Sec. 7220 [49 U.S.C. 44901 
                                  note]

                  Sec. 7220. identification standards.

          (a) Proposed Standards.--
                  (1) In general.--The Secretary of Homeland Security--
                        (A) shall propose minimum standards for 
                    identification documents required of domestic

[[Page [1263]]]

                    commercial airline passengers for boarding an 
                    aircraft; and
                        (B) may, from time to time, propose minimum 
                    standards amending or replacing standards previously 
                    proposed and transmitted to Congress and approved 
                    under this section.
                  (2) Submission to congress.--Not later than 6 months 
                after the date of enactment of this Act, the Secretary 
                shall submit the standards under paragraph (1)(A) to the 
                Senate and the House of Representatives on the same day 
                while each House is in session.
                  (3) Effective date.--Any proposed standards submitted 
                to Congress under this subsection shall take effect when 
                an approval resolution is passed by the House and the 
                Senate under the procedures described in subsection (b) 
                and becomes law.
          (b) Congressional Approval Procedures.--
                  (1) Rulemaking power.--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 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 such approval 
                    resolutions; and it supersedes 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.
                  (2) Approval resolution.--For the purpose of this 
                subsection, the term ``approval resolution'' means a 
                joint resolution of Congress, the matter after the 
                resolving clause of which is as follows: ``That the 
                Congress approves the proposed standards issued under 
                section 7220 of the 9/11 Commission Implementation Act 
                of 2004, transmitted by the President to the Congress on 
                ___'', the blank space being filled in with the 
                appropriate date.

[[Page [1264]]]

                  (3) Introduction.--Not later than the first day of 
                session following the day on which proposed standards 
                are transmitted to the House of Representatives and the 
                Senate under subsection (a), an approval resolution--
                        (A) shall be introduced (by request) in the 
                    House by the Majority Leader of the House of 
                    Representatives, for himself or herself and the 
                    Minority Leader of the House of Representatives, or 
                    by Members of the House of Representatives 
                    designated by the Majority Leader and Minority 
                    Leader of the House; and
                        (B) shall be introduced (by request) in the 
                    Senate by the Majority Leader of the Senate, for 
                    himself or herself and the Minority Leader of the 
                    Senate, or by Members of the Senate designated by 
                    the Majority Leader and Minority Leader of the 
                    Senate.
                  (4) Prohibitions.--
                        (A) Amendments.--No amendment to an approval 
                    resolution shall be in order in either the House of 
                    Representatives or the Senate.
                        (B) Motions to suspend.--No motion to suspend 
                    the application of this paragraph 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 paragraph 
                    by unanimous consent.
                  (5) Referral.--
                        (A) In general.--An approval resolution shall be 
                    referred to the committees of the House of 
                    Representatives and of the Senate with jurisdiction. 
                    Each committee shall make its recommendations to the 
                    House of Representatives or the Senate, as the case 
                    may be, within 45 days after its introduction. 
                    Except as provided in subparagraph (B), if a 
                    committee to which an approval resolution has been 
                    referred has not reported it at the close of the 
                    45th day after its introduction, such committee 
                    shall be automatically discharged from further 
                    consideration of the resolution and it shall be 
                    placed on the appropriate calendar.
                        (B) Final passage.--A vote on final passage of 
                    the resolution shall be taken in each House on or 
                    before the close of the 15th day

[[Page [1265]]]

                    after the 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 
                    resolution.
                        (C) Computation of days.--For purposes of this 
                    paragraph, in computing a number of days in either 
                    House, there shall be excluded any day on which that 
                    House is not in session.
                  (6) Coordination with action of other house.--If prior 
                to the passage by one House of an approval resolution of 
                that House, that House receives the same approval 
                resolution from the other House, then the procedure in 
                that House shall be the same as if no approval 
                resolution has been received from the other House, but 
                the vote on final passage shall be on the approval 
                resolution of the other House.
                  (7) Floor consideration in the house of 
                representatives.--
                        (A) Motion to proceed.--A motion in the House of 
                    Representatives to proceed to the consideration of 
                    an approval resolution shall be highly privileged 
                    and not debatable. An amendment to the motion shall 
                    not be in order, not shall it be in order to move to 
                    reconsider the vote by which the motion is agreed to 
                    or disagreed to.
                        (B) Debate.--Debate in the House of 
                    Representatives on an implementing bill or approval 
                    resolution shall be limited to not more than 4 
                    hours, which shall be divided equally between those 
                    favoring and those opposing the resolution. A motion 
                    to further limit debate shall not be debatable. It 
                    shall not be in order to move to recommit an 
                    approval resolution or to move to reconsider the 
                    vote by which an approval resolution is agreed to or 
                    disagreed to.
                        (C) Motion to postpone.--Motions to postpone 
                    made in the House of Representatives with respect to 
                    the consideration of an approval resolution and 
                    motions to proceed to the consideration of other 
                    business shall be decided without debate.
                        (D) Appeals.--All appeals from the decisions of 
                    the Chair relating to the application of

[[Page [1266]]]

                    the Rules of the House of Representatives to the 
                    procedure relating to an approval resolution shall 
                    be decided without debate.
                        (E) Rules of the house of representatives.--
                    Except to the extent specifically provided in 
                    subparagraphs (A) through (D), consideration of an 
                    approval resolution shall be governed by the Rules 
                    of the House of Representatives applicable to other 
                    resolutions in similar circumstances.
                  (8) Floor consideration in the Senate.--

                                  * * *

          (c) Default Standards.--
        4(1) In general.--If the standards proposed under subsection 
        (a)(1)(A) are not approved pursuant to the procedures described 
        in subsection (b), then not later than 1 year after rejection by 
        a vote of either House of Congress, domestic commercial airline 
        passengers seeking to board an aircraft shall present, for 
        identification purposes--

                                  * * *

* * * * *



========================================================================
[[Page [1267]]]

                                  INDEX

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

[[Page [1269]]]
[DOCID:hd162-95]                         

                                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...................   729
            Members to be present unless excused..................   671
            Failure of quorum in Committee of the Whole...........   982
            Of chair 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 [1270]]]

            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 [1271]]]

            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.................  1106
        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 [1272]]]

        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.
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
Precedence of motion to, over motion to agree or disagree.... 528, 528a, 
                                                              528b, 528d
            Precedence of motion to, over one to strike or agree..   456
            Rule as to offering, degree of........................   922
            Substitute............................................   922
To title of a bill........................................ 427, 512, 922

[[Page [1273]]]

            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 and inserting.
Matter to be inserted not divisible............................ 920, 921
Negative of motion to strike not a bar to further amendment.... 920, 921
            Relations to motion to strike enacting words..........   988
To strike 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
Co-offerors not permitted...................................... 825, 923
            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...................... 1039-1063a
On general appropriation bills, en bloc..................... 1042, 1063a
            Priority of, over motions to strike 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
            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

[[Page [1274]]]

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 and inserting.
            Application of the motion to strike...................   472
            Conditions of repetition of motions to strike and 
                insert............................................   471
            Conditions of striking an amendment already agreed to.   474
            Effect of affirmative vote on motion to strike and 
                insert............................................   473
Motions to strike and insert not divisible..................... 920, 921
Negative decision on motion to strike not bar to further amendment
                                                                920, 921
            Principles as to perfecting, before inserting or 
                striking..........................................   469
            Priority of perfecting amendments over................   456
            Reading the motion and putting the question on motion 
                to strike and insert..............................   470
            To strike certain words of a bill.....................   468

[[Page [1275]]]

        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, 1044b
            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
            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

[[Page [1276]]]

        To the Constitution.
            Differences as to, committed to conference............   530
            Jurisdiction over.....................................   729
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
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

[[Page [1277]]]

            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
            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

[[Page [1278]]]

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.
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, 627, 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 catastrophic quorum failure report................  1024
        None on refusal to entertain prohibited point of order of 
            no quorum.............................................   629
        None from responses to parliamentary inquiries............   629
        On timeliness of an objection.............................   629
        On questions as to priority of business decided without 
            debate................................................   884
        Withdrawal of.............................................   629
Appearance.
        Of respondent in an impeachment................... 608, 610, 611
        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.

[[Page [1279]]]

Apportionment.
        Adjustment by districts................................ 226, 227
        First and last............................................    15
        Jurisdiction of matters relating to interstate compacts on 
            apportionment of water for irrigation purposes........   731
        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 and consideration 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
Point of order against motion to rise on an appropriation bill 
where the bill exceeds a section 302(b) allocation................ 1044b
            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
            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

[[Page [1280]]]

                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
        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

[[Page [1281]]]

Sequential referral to, of bills containing new entitlement 
authority exceeding budget resolution allocation........ 1128 (sec. 401)
            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
Time and conditions of signature.......................... 104, 105, 111
In general...................................................... 73, 621
            Amendment precedes....................................    74
            Place of, in order of business........................   869
Architect of the Capitol.
        Office of................................................. 1125e
        Admitted to floor of the House............................   678
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

[[Page [1282]]]

        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
Arms.
        Right of people to keep and bear..........................   209
Army.
        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
Art.
        Works of, duty of Committee on House Administration as to.   724
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
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

[[Page [1283]]]

        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
Attending Physician.
        Office of................................................. 1125d
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
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.........................   729

[[Page [1284]]]

Bar, of House.
        Method of examining witnesses at..........................   343
        Trials at, and arraignment of contumacious witnesses at...   344
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
Obsolete provisions as to introduction and readings of.......... 398-400
            Signing of, by chief sponsor..........................   825
            Speaker's authority to reserve certain bill numbers...   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

[[Page [1285]]]

        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
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

[[Page [1286]]]

            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
            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

[[Page [1287]]]

            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
            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 Archivist.....   105
            When vetoed and passed deposited with Archivist.......   109
        Private.  See Private bills.
Bills of credit.
        States not to emit........................................   146
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

[[Page [1288]]]

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
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...................... 723, 729
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.
        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
            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)
Limitation on reconciliation directive in......................... 1068b
Procedures contained in................................. 1127 (sec. 301)
Timetable for budget process............................ 1127 (sec. 300)
            Yeas and nays automatically ordered...................  1033

[[Page [1289]]]

        Congressional budget process.
Application of points of order to unreported measures............. 1068c
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)
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.
            Budget Act procedures by Appropriations Committee.....   747
Congressional Budget Office, functions of... 748, 845, 1081, 1119, 1127, 
                                                                    1128
            Emergency designations in appropriation bills.........  1041
            Hearings on by Appropriations Committee...............   746
            Legislation not to increase deficit or reduce surplus. 1068e
Point of order against motion to rise on an appropriation bill 
where the bill exceeds a section 302(b) allocation................ 1044b
            Program review and evaluation.........................  1010
            Transmittal of budget by President....................   169
            Year-ahead requests for new budget authority..........  1129
        Impoundment Control Act and line item veto authority.
Line item veto authority....................................... 1130(6b)
Procedures on rescission bills and impoundment resolutions..... 1130(6a)

[[Page [1290]]]

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.......................   723
        Jurisdiction as to marine hospitals.......................   721
        Jurisdiction of bills for penitentiaries..................   729
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
            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
        In order to consider President's veto.....................   901
        Privilege of general appropriation bills limited on.... 856, 901
Calendars.
        Corrections Calendar, former,  see Corrections Calendar, 
            former.
        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
        Rreports 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

[[Page [1291]]]

        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
        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
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
        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 chairs of standing committees...   761
        Membership is required for committee membership........ 760, 782
        Early organizational......................................  1126

[[Page [1292]]]

Cemeteries, national.
        Jurisdiction of bills relating to...................... 731, 740
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
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
Chairs.
        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
Usually reports from a standing or select committee............ 317, 415
            Vacancy or absence in the position of.................   761

[[Page [1293]]]

            Vice chair 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 such Member 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

[[Page [1294]]]

        As qualification of a Senator.............................    35
        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 offices.
        May be removed by impeachment.............................   173
        Members not to be appointed to certain....................    96
Civil Service.
        Jurisdiction over, including intergovernmental personnel..   732
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............................   729
            Jurisdiction of war claims............................   729
            Jurisdiction of, paid from Indian funds...............   731
            Jurisdiction of private land claims...................   731
            Jurisdiction as to certain foreign....................   723
            Jurisdiction of, against the United States............   729
            Jurisdiction relating to international and other......   723
            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
Election of, as related to business and adoption of rules........ 30, 59

[[Page [1295]]]

            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 custody........................................   352
            Amending section numbers of a bill....................   479
            Announcing pairs......................................  1031
            Attesting and sealing writs, warrants, subpoenas......   648
            Authority to receive messages when House is in recess 
                or 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
            Reading motions.......................................   904
            Referring reports to calendars........................   831
            Stands while reading..................................   428
            Taking a vote by clerk tellers........................  1012
            Taking a vote by the yeas and nays....................   504

[[Page [1296]]]

        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 Archivist............   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.................................   679
Closing debate.  See Debate.
Coast Guard.
        Bills to correct certain discharge records banned.........   822
Coastal zone management.
        Jurisdiction over subjects related to.................. 731, 739
Code of Official Conduct.  See Official conduct.
Codification.
        Of laws, jurisdiction of, bills for.......................   729
Coexisting questions.  See Questions.
Coin.
        Congress to regulate value of.............................   121
        Congress may provide punishment for counterfeiting the....   122

[[Page [1297]]]

        States to make gold and silver only a tender for payment 
            of debts..............................................   146
        Power of Congress relating to coinage (including foreign).   121
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   723
        Power of Congress to regulate.............................   119
        No regulation shall give preferences to any ports.........   142
Commissions.
        Congressional Mailing Standards...........................  1113
        House Office Building.....................................  1114
        Tom Lantos Human Rights................................... 1125g
        U.S. Capitol Preservation................................. 1125a
        Democracy Assistance Commission........................... 1125f
        President to issue, to officers...........................   172
        For recess appointments of the President..................   167
        Created by law, to sit 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........................................... 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
        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

[[Page [1298]]]

            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 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
        Chair of.
            Chair 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 Chair....................................   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 Chair....   982
        Sitting, rising.
            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
            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

[[Page [1299]]]

Point of order against motion to rise on an appropriation bill 
exceeding a section 302(b) allocation............................. 1044b
            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
Motions for previous question and to adjourn not used in....... 333, 912

[[Page [1300]]]

            Motion to reconsider not in order in..................  1003
Recorded vote in....................................... 1012, 1030, 1032
Relations of motion to strike 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
            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
        Subcommittee staff appointments formerly by chair and 
            ranking minority member...............................   767

[[Page [1301]]]

        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
            Selection of chairs of select and of standing 
                committees........................................   761
            Serve through a Congress..............................   317

[[Page [1302]]]

Service of Resident Commissioner and Delegates on.............. 675, 676
Speaker appoints select and conference committees.............. 637, 782
            Subcommittees limited.................................   762
            Vacancies in, filled by election by House.............   762
            Vice chair 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
            Authorization to go to conference.....................   791
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
            Meeting when chair fails to call......................   793
Meetings open to public........................................ 746, 798
            Method of voting amendments to a bill in..............   417

[[Page [1303]]]

            Noting amendments to bill in committee................   417
            Parliamentary law governing consideration of bills in.   412
            Postponement of votes in..............................  800a
            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
            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 chair or ranking member presides in absence of chair...... 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 chair............................................   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
            On appropriation bills hearings and reports to be 
                available three days in advance of consideration..   852

[[Page [1304]]]

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
            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
            Witnesses before committees,  see Witnesses.
        Reports of, generally.
            Action of the House on amendments reported from.......   423
            Action of the House on reports from...................   422
            Activities report.....................................   790
Adverse.............................................. 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, before 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 chair 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
            Prior claim of Member in charge of bill to recognition   953

[[Page [1305]]]

            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
            To be in writing and to be printed....................   833
        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 cost844...............................................
            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, 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
Former oversight findings and recommendations of Committee on 
Government Reform................................................... 749
            Report on bills amending or repealing statutes must 
                show by typographical device parts of statute 
                affected..........................................   846

[[Page [1306]]]

            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
        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 Oversight and Government 
                Reform............................................   743
            Oversight plans submitted to Committees on Oversight 
                and Government Reform and House Administration....   743
General oversight of Committee on Appropriations............... 742, 743
            Special oversight functions...........................   744
            Additional functions..................................   745
            Budget hearings.......................................   746
Budget Act procedures......................................... 747, 1127
            Budget Committee, additional functions of.............   748
            Oversight and Government Reform Committee, additional 
                functions of......................................   749
        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
            Speaker usually does not judge of fidelity of, to 
                instructions......................................   628
        Call of.
            Place of, in order of business........................   869
            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

[[Page [1307]]]

            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.
        Number and functions of............................... 1108-1113
        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, chair, and voting in..............................   325
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
        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...............   729
        Jurisdiction of, relating to apportionment of waters for 
            irrigation purposes...................................   731
        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

[[Page [1308]]]

Concur, motion to.  See also Agree, motion to.
        Relative to striking 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
        legislative procedure 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
        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
Motions to request, authorization in committee................ 791, 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

[[Page [1309]]]

            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 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
            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
            May not differ from text agreed to by managers........  1094
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

[[Page [1310]]]

            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, 1093
            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
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..............  1106
Neither House to adjourn for more than three days or to another 
place without consent of the other.......................... 82, 82a, 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)

[[Page [1311]]]

        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 in which President-elect 
                nor Vice President-elect shall qualify............   244
May choose President and Vice President in certain cases........ 221-223
May confirm nomination to fill vacancy in Vice Presi-
  dency........................................................ 253, 256
            Instances in which 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

[[Page [1312]]]

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................   729
        Powers of--limitations on.
            As related to writ of habeas corpus...................   138
            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(26)
        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

[[Page [1313]]]

        Settlements under approval by House Administration........   754
Congressional Budget Office.  See Budget.
legislative procedure, laws providing mechanisms for..............  1130
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
Pledge of Allegiance printed in................................ 687, 869
            Power of chair of Committee of the Whole over.........   972
            Privilege of Member to revise remarks.................   691
Privilege of propositions to correct........................... 685, 690
            Relation of Committee of the Whole to.................   688
            Remarks uttered not under recognition not printed in..   687
            Reporters of debates..................................   685
Substantially verbatim account of remarks............ 687, 691, 967, 968
Unparliamentary remarks printed in............................. 687, 961
        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
            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

[[Page [1314]]]

            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...............   731
        Soil, jurisdiction of matters relating to.................   715
        Wildlife, jurisdiction of matters relating to.............   731
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
        Automatic with regard to measures containing an emergency 
            designation for purposes of pay-as-you-go principles 
                                                                   1068e
        To dispose of points of order raised under the Unfunded 
            Mandates Reform Act............................... 909, 1127
        To dispose of certain points of order regarding 
            congressional earmarks, tax benefits, and tariff 
            benefits.............................................. 1068d
        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
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

[[Page [1315]]]

            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......................   729
            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......................   723
Consuls.
        President appoints........................................   166
Consultants.
        Training..................................................   774
        Lobbying by...............................................  1095
        Jurisdiction of Supreme Court in cases affecting..........   179
        Judicial power extends to cases affecting.................   178
Contempts.
        Committee reports on, privileged for immediate 
            consideration without three-day layover....... 299, 699, 850
        Power of the House to punish for........................ 293-299
Contestants.
        In election cases, admitted to the floor..................   678
        Relations of, to incompatible offices.....................   100

[[Page [1316]]]

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
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
        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
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
Correction.
        Bills for, of military and naval records are banned.......   822
        Of Congressional Record............ 685, 689, 690, 744, 967, 968

[[Page [1317]]]

        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, former.
        Former rule providing for.................................   898
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
        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

[[Page [1318]]]

            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
            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...   732
            Jurisdiction of subjects relating to..................   729
            Jurisdiction as to, in foreign lands..................   723
            In insular possessions and territories................   731
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

[[Page [1319]]]

        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
        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......................   729
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
        Of the Speaker............................................   362
        Of the motives of Members.................................   363
Cruel punishments.
        Not to be inflicted.......................................   215
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
Damages to property.
        Bills of payments for, banned with exceptions.............   822
Dams.
        Jurisdiction of subjects relating to................... 731, 739
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

[[Page [1320]]]

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
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 debate...................................   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

[[Page [1321]]]

            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
            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 presumptive major-party nominee for 
                President.........................................   370
            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
            Not precluded until the negative has been put.........   490
        Limitations on.
                Forty minutes of:
                After previous question is ordered................   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........................................... 627, 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 enacting words....................   989
On rescission bills and deferral resolutions................... 1130(6a)

[[Page [1322]]]

            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....................... 1001, 1002a
                Twenty minutes of:
                On motions to discharge...........................   892
        On question of consideration with regard to congressional 
            earmarks, limited tax benefits, or limited tariff 
            benefits.............................................. 1068d
        On question of consideration with regard to unfunded 
            mandates..............................................  1127
            Under various laws permitting congressional approval..  1130
        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
            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

[[Page [1323]]]

        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 that 
                Member is debated.................................   375
            In standing and select committees.....................   318
            Morning-hour debate...................................   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
            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 before 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........................................   723
        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

[[Page [1324]]]

        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
        From the compensation of Members for State income taxes...   648
Defense.
        Power of Congress to provide for public...................   117
        Counsel for, in criminal cases............................   213
Defense production.
        Jurisdiction over subjects related to.....................   722
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
        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
        Impeachment began at instance of a........................   603
        May have been appointed a teller..........................  1013
        May be appointed chair of 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

[[Page [1325]]]

        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
Departments.  See Executive departments and agencies.
Deposition authority.
        Of the Committee on Oversight and Government Reform.......   749
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...........................   729
        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.
Disapproval provisions.
        Expedited procedures with respect to executive actions....  1130
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

[[Page [1326]]]

Discoveries.
        Congress may provide exclusive rights to..................   124
Disorder.
        Disorderly words taken down....................... 369, 960, 961
        Galleries or lobby, cleared by Speaker for................   622
        In Committee of the Whole......................... 331, 332, 622
        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 chair 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...........................   731
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..............................   732
        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

[[Page [1327]]]

            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
            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 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

[[Page [1328]]]

Duties.  See Taxes and tariffs.
Earmarks.
        Point of order against certain............................ 1068d
        Question of consideration to dispose of certain points of 
            order against......................................... 1068d
        Responsibilities as to the Code of Official Conduct.......  1095
        Rules Committee may not waive certain points of order 
            against............................................... 1068d
Economic and Educational Opportunities, Committee on.  See Education and 
    Labor, Committee on.
Economic Committee, Joint.........................................  1108
Economic report.
        Time for filing of, by President..........................   169
Education.
        Jurisdiction of subjects on............................ 720, 723
Education and Labor, Committee on.................................   720
Education and the Workforce, Committee on.  See Education and Labor, 
    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..................   729
            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

[[Page [1329]]]

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
Federal Elections Commission, disapproval of regulations....... 1139(17)
Special elections in extraordinary circumstances........ 17, 43, 53, 310
            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

[[Page [1330]]]

        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
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...............   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.
        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

[[Page [1331]]]

Energy matters.  See also Nuclear energy.
        Jurisdiction over.
Coastal zone management........................................ 731, 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..........   731
            National energy policy generally......................   721
            Naval petroleum and oil shale reserves................   718
            Water power...........................................   739
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
        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
Enumeration.
        Of people for apportionment...............................    15
        Capitation or direct taxes to be proportioned to..........   140
Equal protection.
        Of law, guaranteed........................................   225
Equity.
        Judicial power extends to all cases of....................   178
        Limitation of judicial power in suits of..................   218

[[Page [1332]]]

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
        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
        Limitations on use of frank...............................  1097
        Limitations on outside earned income......................  1099
        Office of Congressional Ethics............................ 1125h
        Sanctions for ethical violations...........................62-66
        Unofficial office accounts prohibited.....................  1096
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

[[Page [1333]]]

        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
        Congress may vest appointment of certain inferior officers 
            in heads of...........................................   166
        Congressional review of agency rulemaking.............. 1130(28)
        Gallery for use of heads of...............................   682
        Heads of, admitted to the floor of the House..............   678
        Jurisdiction of matters relating to reorganization of.....   732
        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
        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
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
Expedited Procedures.
        For consideration of measures reviewing executive actions.  1130
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

[[Page [1334]]]

        Personal, made by unanimous consent.......................   945
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
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
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

[[Page [1335]]]

        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
        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.
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 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.
        Pledge of Allegiance................................... 687, 869
Floor, Hall of House.
        Abuse of privilege of.....................................   679
        Admission of representative of press and radio to...... 693, 694
        Admission of certain former Members.......................   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 [1336]]]

Forces.
        Conditions to make rules for land and naval...............   131
        Land or naval, trial for crimes in........................   212
Foreign affairs.
        International commodity agreements, jurisdiction over.....   723
        International economic policy, jurisdiction over..........   723
        International education, jurisdiction over................   723
        International financial and monetary organizations, 
            jurisdiction over.................................. 722, 744
        International fishing agreements, jurisdiction over.... 731, 744
        International waters, jurisdiction over...................   723
        Limitation on loans to foreign entities................ 1013(32)
        Non-proliferation and nuclear export agreements... 723, 1130(10)
        President's relations to..................................   165
Foreign Affairs, Committee on.
        History and jurisdiction of...............................   723
        Special oversight functions of............................   744
        Reports private bills.....................................   817
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, 731
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
            On the passage of a bill..............................   499

[[Page [1337]]]

        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.
        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
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 chair 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
Government Accountability 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.........................................   732
General welfare.
        Power of Congress to provide for..........................   117
Germane.
        Amendments required to be germane.........................   928

[[Page [1338]]]

        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..............   732
        Intergovernmental relationships, jurisdiction over........   732
        Republican form of, guaranteed to the States..............   189
        Right of people to petition...............................   208
Government Operations, Committee on.  See Oversight and Government 
    Reform, Committee on.
Government Reform, Committee on.  See Oversight and Government Reform, 
    Committee on.
Government Reform and Oversight, Committee on.  See Oversight and 
    Government Reform, Committee on.
Government, seat of.
        Power of President to convene Congress at another place..... 82, 
                                                            82a, 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

[[Page [1339]]]

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
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
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.
        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
        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
Holman rule.
        Decisions under Holman rule (in brief)....................  1062
Homeland Security.
        Committee on..............................................  723a

[[Page [1340]]]

        Former select committees on...............................  723b
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
        Chair and four members serve on Joint Committee on the 
            Library...............................................  1110
        Chair 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
        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
House of Commons.
        Members of.
            Common fame as ground for investigation of............   341
Privilege of.......................................... 287-289, 305, 307

[[Page [1341]]]

            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
        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

[[Page [1342]]]

        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 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.......................................................... 1106-1107
            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 
                under former rule.................................   560
            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

[[Page [1343]]]

            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
Immigration.
        Power of Congress over....................................   137
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
        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

[[Page [1344]]]

        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
        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.......................   729
Indefinite postponement.
        Use of the motion for.....................................   443
Index.
        Of the Journal, Clerk to make.............................   647
Indians.
        Jurisdiction of subjects relating to................... 720, 731
        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

[[Page [1345]]]

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
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
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...........   731
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

[[Page [1346]]]

Interest.
        Disqualifying personal, as to voting.............. 376, 671, 672
Internal Revenue Taxation, Joint Committee on.....................  1109
International Relations, Committee on.  See , Foreign Affairs, Committee 
    on.
Interparliamentary Affairs.
        Office of.................................................  1124
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 compacts.  See Compacts.
Intervening questions.  See Privileged Questions; Privilege, questions 
    of.
Intoxicating liquors.
        Jurisdiction as to prohibited traffic in..................   730
        Jurisdiction as to sale of, in District of Columbia.......   732
        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
Jefferson's Manual.
        As source of general parliamentary law....................    60

[[Page [1347]]]

        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
        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

[[Page [1348]]]

            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
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 officers.
        Bound by oath to support the Constitution.................   196

[[Page [1349]]]

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
Judiciary, Committee on the.
        History and jurisdiction of...............................   729
        Reports private claims bills........................... 729, 817
        Records transferred to from former Committee on Internal 
            Security..............................................   729
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.............   732
            Education and Labor...................................   720
            Financial Services....................................   722
            Oversight and Government Reform.......................   732
            Homeland Security.....................................  723a
            House Administration..................................   724
            Foreign Affairs.......................................   723
            Judiciary.............................................   729
Merchant Marine and Fisheries, former Committee on... 718, 731, 735, 739
            Post Office and Civil Service, former Committee on....   732
            Natural Resources.....................................   731
            Rules.................................................   733
            Science and Technology................................   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

[[Page [1350]]]

            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
        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.
        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.
        Indian, jurisdiction as to................................   731
        Irrigation of, jurisdiction as to.........................   731
        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..............   731
        Public, jurisdiction of matters relating to...............   731
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................................................   729
            Fixes compensation of Representatives and Senators....    86
Meeting of Congress by.......................................... 45, 279

[[Page [1351]]]

            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
            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.....   729
            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

[[Page [1352]]]

            Of nations, offenses against..........................   126
            Punishment of, additional to impeachment..............    41
            Treaties abrogated by.................................   599
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 designated by 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

[[Page [1353]]]

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
        Territorial, revision of, jurisdiction as to..............   731
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 legislative procedure.......  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.
        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

[[Page [1354]]]

        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
        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
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.................... 723, 729
Lobby.
        Speaker may order, to be cleared..........................   622
        Power of chair of Committee of the Whole as to order in...   970
Lobbying.
        By committee consultants..................................  1095
        Gifts from lobbyists........................... 1095, 1100, 1103
        Floor privileges of lobbyists.............................   680
        Jurisdiction of matters relating to.......................   729
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.........................   732

[[Page [1355]]]

        House Commission on Congressional Mailing Standards.......  1113
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.............. 791, 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.....................   731
Marine hospitals.
        Jurisdiction as to........................................   721
Maritime jurisdiction.
        Judicial power extends to cases of........................   178
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...............   729
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
            Standing order as to daily hour of, expires with the 
                session...........................................   386

[[Page [1356]]]

            Jurisdiction of orders as to..........................   733
        Of committees.
Of committees............................................. 407, 793, 805
Former rule proscribing sittings during five-minute rule....... 324, 801
            Prohibited during joint meetings and sessions.........   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 chair 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
            Jefferson's discussion as to going and returning......   289

[[Page [1357]]]

            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
        General rights as to procedure.
            As to right to attend a select committee..............   410

[[Page [1358]]]

            As to right to attend committee hearing...............   798
            Impeachment may be instituted on responsibility of....   603
May appeal from decisions of Speaker........................... 627, 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, 731, 735, 739
Messages.
        Usages as to.
            As to neglected bills.................................   570

[[Page [1359]]]

            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 or recess..   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
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 and naval records.
        Bills to correct, banned..................................   822
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

[[Page [1360]]]

Miners, welfare of.
        Jurisdiction of matters relating to.................... 720, 731
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
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
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....................................   732
        Public bills appropriating, placed on Union Calendar......   828
        States not to coin or issue...............................   146
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

[[Page [1361]]]

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 no longer required for ordinary................   392
            Usually required before debate may proceed............   945
        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
            Not admitted pending motion to suspend the rules......   890
            Not admitted 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 enacting words....................................... 988, 989
Those admitted in ``House as in Committee of the Whole''........ 425-427

[[Page [1362]]]

            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.
            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

[[Page [1363]]]

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
Natural Resources, Committee on.
        History and jurisdiction of...............................   731
        Special oversight functions of............................   744
Naturalization.
        Power of Congress to establish rule of....................   120
        Relations to citizenship..................................   225
        Jurisdiction as to........................................   729
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
Navy.
        Bills to correct certain records banned...................   822
        Congress to provide and maintain..........................   130
        Congress to make rules for................................   131
        President, Commander in Chief of..........................   160
        States not to maintain....................................   148
        Trial for crimes in.......................................   212
Navy yards.
        Power of Congress over places purchased for...............   134
Negative.
        Of one question amounting to the affirmative of another 
                                                                 485-488
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
Nuclear energy.
        Jurisdiction of Committee on Energy and Commerce..........   721
        Military applications.....................................   718
        Non-proliferation and export agreements...................   723
        Regulation of domestic industry...........................   721
        Research and development..................................   735
        Oversight jurisdiction................................. 721, 744

[[Page [1364]]]

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 chairs 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
        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

[[Page [1365]]]

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..........................   732
            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...................   729
            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
Officers.
        Of the United States.
            Accountability of, jurisdiction as to.................   732
            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

[[Page [1366]]]

            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 voting.............................    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
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

[[Page [1367]]]

        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 chair 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 chair of Committee of 
                the Whole.........................................   972
            House controls decisions of, by appeal................   379
            Practice governing Speaker in deciding................   628
            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

[[Page [1368]]]

            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
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
            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

[[Page [1369]]]

            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
        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
            Intervening questions of..............................   457
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

[[Page [1370]]]

        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
Outside earned income.
        Limitations on............................................  1099
Oversight and Government Reform, Committee on.
        Authority as to depositions...............................   749
        Executive agencies must submit to any information 
            requested relating to matter within its jurisdiction 
                                                                342, 732
        Former requirement that oversight findings of to be 
            included in reports of other committees...............   840
        General oversight functions of......................... 743, 749
        History and jurisdiction of...............................   732
        Responsibility as to commemoratives.......................   823
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
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

[[Page [1371]]]

            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
        Return of to other House.
            Privileged status of requests for return of papers....   565
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.....................   731
Parliament.  See House of Commons.
Parliamentarian.
        Office of.................................................  1122
        Precedents compiled by....................................  1122
Parliamentary inquiries.
        No appeal from responses to...............................   629

[[Page [1372]]]

        Recognition to propound...................................  628a
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
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................   723
        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
Paygo.
        Pay-as-you-go point of order.............................. 1068e
        Exception under the Congressional Budget Act.............. 1127 
                                                                  (sec. 
                                                                    302)
Pensions.
        Certain bills for, banned.................................   822
        Debt incurred for certain, not to be questioned...........   232
        Jurisdiction of appropriations for........................   716
        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

[[Page [1373]]]

        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
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
        Signing and presentation of...............................   390
Pictures.
        Taking of, in committee hearings..........................   811
Piracies.
        Congress to punish........................................   126
Place.
        Ceremonial functions in another place................... 82, 82a
        Neither House to adjourn to another, without consent of 
            other House..................................... 82, 82a, 84

[[Page [1374]]]

        Power of President to convene Congress away from seat of 
            Government..................................... 82, 82a, 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.
            Chair of Committee of the Whole decides...............   971
Clerk to decide, at organization of the House.................. 643, 645
Constitutional.................................................. 60, 628
Procedure if point of order against motion to rise and report an 
appropriation bill where bill exceeds section 302(b) allocation is 
sustained......................................................... 1044b
            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
        Reserving of.
Against general appropriation bills.......................... 1035, 1044
            Against conference reports............................   547
        Time of raising.
            At any time against an appropriation in legislative 
                bills or amendments...............................  1065

[[Page [1375]]]

            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.........................   729
Poll tax.
        Right to vote not denied for failure to pay...............   251
Population.
        The basis of representation...............................   226
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..................................   732
Post offices.
        Congress may establish....................................   123
        Jurisdiction of subjects relating to......................   732
        Jurisdiction as to buildings for..........................   739
Post roads.
        Congress may establish....................................   123
        Jurisdiction of subjects relating to construction.........   739
Postmaster.
        Former election and oath of...............................   668
        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

[[Page [1376]]]

        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
Postponement.
        Of proceedings
            Authority of Speaker notwithstanding operation of 
                previous question................................. 1000a
        Of votes
            Authority of Speaker as to certain....................  1030
            Authority of Chair of Committee of the Whole as to 
                certain...........................................   984
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 in which 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

[[Page [1377]]]

            To borrow money.......................................   118
            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 [1378]]]

        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 that 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 [1379]]]

        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 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 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 the transmittal of constitutional 
                amendments to the States..........................   191

[[Page [1380]]]

            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 as to.   574
            Errors in bills sent to the President.................   110
Line item veto authority....................................... 1130(6b)
            Parliamentary law as to presenting a bill for the 
                King's assent.....................................   572

[[Page [1381]]]

            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...........   729
            Makes treaties........................................   165
            Opinions of 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
President-elect of the United States.
        Death or failure to qualify...............................   244

[[Page [1382]]]

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
Postponement of proceedings notwithstanding1000a..................
            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..................................   999
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 [1383]]]

            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 [1384]]]

        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 [1385]]]

            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 that 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 [1386]]]

            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
            Incidental questions, like points of order, that 
                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

[[Page [1387]]]

            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 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 [1388]]]

            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................................   723

[[Page [1389]]]

        Jurisdiction as to marine hospitals.......................   721
        Jurisdiction of bills for penitentiaries..................   729
        Jurisdiction as to Patent Office............................ 729
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........................   731
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.
        Speaker may not inflict...................................   622

[[Page [1390]]]

Putting the question.
        By the chair 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.................................   468
            On motion to strike 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
            Of President of the United States.....................   154
            Of Senators as to age, citizenship, and inhabitancy...    35

[[Page [1391]]]

            Of Vice President.....................................   221
        For suffrage.
            Of electors of Representatives........................     7
            Reference to..........................................   226
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 remarks to the......................   945
            Member who has spoken to, may speak also to amendment.   959
        Of order.  See Points of order.
        Of consideration.  See Consideration, question of.
        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
Quorum.
        How constituted.
Announcement of adjustment to.............................. 1024a, 1024b

[[Page [1392]]]

            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
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
``Provisional quorum'' in catastrophic circumstances....... 17, 53, 310, 
                                                                   1024a
        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

[[Page [1393]]]

        Call of the House.
            Arrest of Members.....................................  1023
Call of the House............................................ 1025, 1026
            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

[[Page [1394]]]

            Relations of, to business of two Houses at 
                organization......................................    56
        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.
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.............. 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
            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

[[Page [1395]]]

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
        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

[[Page [1396]]]

        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 Senate, emergency recess and reconvening...........   639
            Of House, during day's sitting, conditions of.........   586
Of House, Speaker's authority to declare....................... 638, 639
Of House, emergency recess and reconvening...................... 83, 639
            Of a committee........................................   787
            Of Committee of the Whole, emergency..................   639
        Motion for.
Status of................................................. 586, 911, 913
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
        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

[[Page [1397]]]

        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............................................ 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 amendment adopted by House not in 
            order.................................................   917
        Instructions may be amended........................... 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
        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

[[Page [1398]]]

        When House nonconcurs in recommendation of Committee of 
            the Whole to strike 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
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

[[Page [1399]]]

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.
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
            In relation to motion to strike 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

[[Page [1400]]]

            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
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

[[Page [1401]]]

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 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
Repetition.
        Of motions, general rules as to........................ 911, 918
        Of motion to reconsider.............................. 1006, 1007
        Of motion to strike 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.
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
            Chair alone makes reports.............................   335
            Consideration of amendments from, in the House........   337
            Discharge of Committee of the Whole...................   339

[[Page [1402]]]

            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 the enacting words................   988
            Recommitted when ruled out in House...................   335
Of Chair 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
            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

[[Page [1403]]]

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, 791, 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.... 1035, 1044
        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
Resident Commissioner.
        Admitted to floor of House................................   678
        Clerk to distribute certain documents to..................   649
        Compensation of...........................................    86
        Elected to committees.....................................   675
        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
        May be appointed chair of Committee of the Whole..........   970

[[Page [1404]]]

        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................. 701
        Of chair 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
        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

[[Page [1405]]]

            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.  See Natural Resources, Committee on.
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
            Jurisdiction of subjects relating to..................   741
            Jurisdiction as to oleomargarine......................   715
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.........................................   732
Revenue treaties.
        Authority of House as to..................................   597
Revision of the laws.
        Jurisdiction of subjects relating to......................   729
        Law Revision Counsel, Office of...........................  1120

[[Page [1406]]]

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
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
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

[[Page [1407]]]

        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
            Power to make, constitutionality of...................    60
            Procedure before adoption of..........................    60
Those of the House in effect in Committee of the Whole so far as 
applicable..................................................... 340, 992
        Committee on.
            Activity reports of...................................   790
            Exempted from requirement of record vote display in 
                reports...........................................   839
            History, jurisdiction, and powers of..................   682
            Limitations on reports from...........................   857
            Member of serves on Budget Committee..................   758
            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.......................................................... 857, 1087
Reports, adverse, from......................................... 861, 893

[[Page [1408]]]

            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
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
Savings banks, postal.
        Jurisdiction of bills relating to.........................   732
Science.
        Congress may promote, by patent and copyright laws........   124
Science and Technology, Committee on.
        History, jurisdiction, and duties of......................   735
        Special oversight functions of............................   744
Science, Space, and Technology, Committee on.  See Science and 
    Technology, 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, 
                                                                82a, 171
        District of Columbia denominated as.......................   135
Seats.
        Obsolete requirement that a Member sit in his place.......   353

[[Page [1409]]]

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
        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
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
        Compliance with clause 2(a) of rule XI....................   783
        Conferences held by means of..............................   532
        Energy Independence and Global Warming.................... 1112b
        Former Aging..............................................   784
        Former Ethics.............................................   738
        Former Homeland Security..................................  723b

[[Page [1410]]]

        Membership contingent on party membership.................   782
        Permanent Select Committee on Intelligence...... 744, 785, 1112a
        Select Intelligence Oversight Panel, Committee on 
            Appropriations........................................  747a
        Speaker appoints..........................................   637
        Reports, dissolution, and revival of......................   419
Select Panel.
        Of Committee on Appropriations, Intelligence Oversight....  747a
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
        President pro tempore.....................................    37
        Procedure in ratifying treaties...........................   600
        References to Senate action........................ 371-374, 945
        Qualifications of Senators.............................. 35, 230
        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

[[Page [1411]]]

        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 the 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............................................  1106
        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....................................  1106
        Congress may extend session beyond July...................  1106
        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
        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

[[Page [1412]]]

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
        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

[[Page [1413]]]

        Of the World War, jurisdiction of matters relating to.....   740
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
            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..................................... 627, 628

[[Page [1414]]]

            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, 627, 629
            May not decide questions of consistency as to 
                amendments........................................   466
            Not to pass on sufficiency of a committee's report....   833
            Not to pass on constitutionality of pending measures..   628
            Practice governing, in deciding questions of order....   628
            Questions not for 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
            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

[[Page [1415]]]

            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..........................................   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.
            Authority to reserve certain bill numbers.............   825
            Declines to sign a bill when motion to reconsider is 
                pending...........................................  1007
            Directs Clerk as to reference of report to calendars..   831
Duties as to referring matters from Speaker's table............ 873, 874
            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
            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
            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

[[Page [1416]]]

            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 Speaker's 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
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 putting the question....................   962
            Duty of, to state motions.............................   904
Formal and informal putting of the question by.................. 489-491
            Must put a question that 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

[[Page [1417]]]

            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
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 chair of Committee of the Whole and leaves 
                Chair.............................................   970
            Declaration of resolve into Committee of the Whole 
                pursuant to special order.........................   972
            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

[[Page [1418]]]

        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
        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
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

[[Page [1419]]]

        Duties under the gift rule................................  1100
        Employing agency under Foreign Gifts and Decorations Act..   737
        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
States.
        Relations to the two Houses.
            Admission of, jurisdiction of bills for...............   731
            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

[[Page [1420]]]

            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
            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...........................................   729
            Jurisdiction of compacts between, of waters for 
                irrigation purposes...............................   731
            Jurisdiction of compacts over interstate energy.......   721
            Jurisdiction of matters relating to boundaries........   729
            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

[[Page [1421]]]

            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
Statutes.
        Revision of, jurisdiction as to...........................   729
Statutory limit on public debt.
        Rule providing for........................................  1104
Stenographers.
        Admission of unofficial...................................   693
        Of Committees, appointment of.............................   685
        Official reporters of debates.............................   685
Strike enacting words.
        Rule governing motions to.................................   988
        Practice as to use of motions to..........................   989
Strike, motion to.
        Application of............................................   472
        Conditions of striking an amendment already agreed to.....   474
        Effect of affirmative vote on motion to, and insert.......   473
        Federal unfunded mandate..................................   991
        Motion to strike 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

[[Page [1422]]]

        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
        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

[[Page [1423]]]

        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
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

[[Page [1424]]]

        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
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
            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

[[Page [1425]]]

        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.........   729
        Jurisdiction of matters relating to courts of.............   729
        Jurisdiction of matters relating to generally.............   731
        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.
        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 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
        Question lost on..........................................   631
        Speaker's vote in case of............................. 631, 1015
        Vote of Vice President in case of.........................    36

[[Page [1426]]]

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
        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
Transfers of unexpended balances.
        Jurisdiction of subjects related to.......................   716
        Separate headings for in certain bills and reports........   716
Transportation.
        Obligation limitations....................................  1064
        Aviation programs, funding for............................ 1064a
Transportation and Infrastructure, Committee on.
        History, jurisdiction, and duties of......................   739
Transposition.
        Of portions of a bill by motion to amend..................   477
Travel.
        Of Members and employees.
            By retiring or defeated Members.......................  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..........................................   636
        Generally.
            Travel and tourism, jurisdiction over subjects related 
                to................................................   721

[[Page [1427]]]

Treason.
        An impeachable offense....................................   173
        Aid to enemies of the United States..................... 81, 230
        Definition of.............................................   181
        Extradition for...........................................   185
        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
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
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

[[Page [1428]]]

Trust.
        No one holding office of, to accept certain gifts...... 144, 145
        Public, no religious test required for under United States   196
Trusts.
        Jurisdiction of subjects relating to......................   729
Tuesday.
        Interruption of regular order on the first and third 
            Tuesdays for consideration of the Private Calendar....   895
        Motions to suspend rules on...............................   885
Twenty-minutes' debate.
        On certain motions to discharge committees................   892
        On question of consideration with regard to congressional 
            earmarks, limited tax benefits, or limited tariff 
            benefits.............................................. 1068d
        On question of consideration with regard to unfunded 
            mandates..............................................  1127
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

[[Page [1429]]]

Unfunded Mandates.  See Federal mandates.
Union.
        Execution of laws of......................................   132
        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
        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
Usage.
        Governing the Speaker in recognitions.....................   953
Vacancies.
        In membership of House.
Accounting for.................................................... 1024b
            Clerk administers office..............................   653
            Continuation of pay of clerical assistants............    88
            Declared for holding incompatible offices.............   101
Special elections in extraordinary circumstances........ 17, 43, 53, 310
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
``Provisional quorum'' in catastrophic circumstances....... 17, 53, 310, 
                                                                   1024a
        In general.
            In managers of a conference...........................   538
            In Office of Clerk....................................    30

[[Page [1430]]]

            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....................................................   729
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
        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
        Qualifications of.........................................   221
        Qualifications of electors, as to loyalty.............. 230, 231

[[Page [1431]]]

        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
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
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 in the Committee of the Whole.................. 675, 985
        Each Senator to have one..................................    32
        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
        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

[[Page [1432]]]

            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 in Committee of the Whole....................... 675, 985
            De novo votes in House where Delegates' votes decisive 
                in Committee of the Whole.........................   985
            May not authorize any other individual to cast a 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 a vote is about 
to occur....................................................... 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
        Decisions by majority--tie.
            Decision by voice of majority--tie votes..............   508
        Three-fifths vote.
            On measures raising income tax rates..................  1067
        Two-thirds vote.
            In general............................................   509
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
            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

[[Page [1433]]]

            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
            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
        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

[[Page [1434]]]

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...........................   723
        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.........................   729
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
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..................................   731

[[Page [1435]]]

        Jurisdiction of matters relating to interstate compacts 
            relating to apportionment of, for irrigation purposes.   731
        Jurisdiction of water conservation related to agriculture.   715
Waterways, inland.
        Jurisdiction of matters relating to.......................   739
Ways and Means, Committee on.
        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
Wednesdays.
        Wednesday Calendar.
            Rule for order of business on.........................   900
            Business of, formerly 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
        Suspensions  See Suspension of rules.
            Entertained on Wednesdays.............................   885
Weights.
        Congress to fix standard of...............................   121
Welfare, general.
        Power of Congress to provide for..........................   117
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
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 that Member arises.......... 375, 376

[[Page [1436]]]

            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
            ``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
        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

[[Page [1437]]]

Words taken down.
        Procedure in case of................................... 960, 961
        Parliamentary procedure in taking down disorderly...... 368, 369
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
Yeas and nays.
        Automatically ordered.
            On measures making general appropriations and 
                increasing income tax rates.......................  1033
            On motion to permit managers to close meetings of a 
                conference committee..............................  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
            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

[[Page [1438]]]

            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

                                  
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